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Homeowners Association Sues Property Owners Over Unpaid Assessments

SOUTHEAST TEXAS RECORD

Wednesday, December 4, 2024

Homeowners Association Sues Property Owners Over Unpaid Assessments

State Court
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District Courts of Harris County | Official website

McKenzie Park Homeowners Association, Inc. has filed a lawsuit against two property owners in Harris County, Texas, for failing to pay mandatory assessments and other related charges. The complaint was lodged on November 21, 2024, in the Judicial District Court of Harris County by the McKenzie Park Homeowners Association against Sophia Dresel and Gustavo Mireles.

The lawsuit centers around unpaid assessments that the defendants allegedly owe to the McKenzie Park Homeowners Association. According to the complaint, both Sophia Dresel and Gustavo Mireles own property at 4618 Preserve Park Drive in Spring, Texas. This property is part of a community governed by specific covenants, conditions, and restrictions recorded in Harris County's Real Property Records. The homeowners association claims that these covenants require property owners to pay regular assessments along with any accrued interest, attorney fees, and costs of collection if payments are not made on time.

The plaintiff asserts that despite multiple notices regarding their delinquency, Dresel and Mireles have failed to settle their outstanding balance of $6,100.82. The association further alleges that this failure has led them to seek legal recourse to recover the amount owed. "Plaintiff gave Defendants multiple notices of the delinquency," states the petition, emphasizing their attempts to resolve the matter outside court before proceeding with litigation.

In seeking relief from the court, McKenzie Park Homeowners Association requests a judgment for all sums due from Dresel and Mireles. They are also asking for an establishment and foreclosure of a lien against the defendants' property as provided under their governing Declaration. Additionally, they seek post-judgment interest at the maximum rate allowed by Texas law and reimbursement for reasonable attorney fees incurred during this process.

Representing McKenzie Park Homeowners Association are attorneys J.C. Jamison, David K. Berk, Navin Pilkat, and Rachael Chin from Holt & Tollett P.C., based in Houston. The case has been assigned Case ID 2024-82109 in Court 334 of Harris County.

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