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Homeowners' Association Sues Resident Over Unpaid Dues

SOUTHEAST TEXAS RECORD

Wednesday, December 4, 2024

Homeowners' Association Sues Resident Over Unpaid Dues

State Court
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District Courts of Harris County | Official website

Autumn Glen Homeowners' Association has filed a lawsuit against a property owner in Harris County, Texas, seeking to recover unpaid assessments and related charges. The complaint was filed on November 21, 2024, in the Judicial District Court of Harris County by the Autumn Glen (Houston) Homeowners' Association against Mecale W. Bryant.

The case revolves around an alleged failure by Mecale W. Bryant to pay homeowner association dues for a property located at 4131 Mineral Haven Drive, Houston, Texas. According to the plaintiff, Autumn Glen Homeowners' Association is a non-profit corporation operating under Texas law and is responsible for managing properties within its community. The association claims that Bryant owns real estate within this community and is subject to its governing documents known as the Declaration of Covenants, Conditions, and Restrictions.

The association alleges that these documents require property owners like Bryant to pay assessments along with any accrued interest, attorney fees, and collection costs if payments are not made on time. Despite multiple notices of delinquency sent to Bryant, the defendant allegedly failed to settle outstanding dues amounting to $7,700.81 as well as additional accruing costs. Consequently, the homeowners' association seeks judicial intervention for judgment on all sums due from Bryant and foreclosure of their lien on the property.

The lawsuit further asserts that according to the Declaration and relevant Texas statutes such as the Texas Property Code and Civil Practice and Remedies Code, Autumn Glen Homeowners' Association is entitled to reimbursement for attorney fees incurred while pursuing this action against Bryant. The plaintiff's legal team argues that they have met all conditions precedent necessary for recovery under their claims.

In their petition to the court, Autumn Glen Homeowners' Association requests several forms of relief: recovery of delinquent assessments with interest at maximum rates allowed by Texas law; reasonable attorney fees incurred during litigation; court costs; establishment and foreclosure of their lien on Bryant's property leading potentially to its sale; plus any other relief deemed just by the court.

Representing Autumn Glen Homeowners’ Association are attorneys J.C. Jamison (State Bar No. 240296), David K. Berk (State Bar No. 24 P2427), Navin Pilkat (State Bar No. 24132818), and Rachael Chin (State Bar No. 24128610) from Holt & Tollett P.C., based in Houston, Texas. The case is being heard in Harris County’s Judicial District Court under Case ID: 2024-82045 with Judge Christopher Matthews presiding.

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