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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

Riata Ranch Homeowners Association has taken legal action against two property owners in their community, seeking to enforce unpaid assessments and related charges. The lawsuit was filed by the Riata Ranch Homeowners Association, Inc. on November 20, 2024, in the Judicial District Court of Harris County, Texas, targeting Alan C. Alford and Trudi D. Alford as defendants.

The case centers around the alleged failure of the Alfords to pay required assessments tied to their property located at 11010 South Falls Terrace in Houston, Texas. According to the complaint, this property is part of a community governed by specific covenants and restrictions recorded in Harris County's real estate records. These rules obligate property owners like the Alfords to pay regular assessments for community maintenance and other expenses.

The homeowners association claims that despite multiple notices sent regarding their delinquency, the Alfords have not settled their outstanding balance. As per the filing, "Defendants have an unpaid balance due and owing to Plaintiff for assessments and/or related charges," amounting to at least $7,656.27. This sum includes additional assessments, attorney fees, costs of collection, and interest accrued over time.

In accordance with the governing Declaration of Covenants for Riata Ranch Section 8 and relevant Texas laws, these unpaid dues are said to constitute a lien on the Alfords' property. The association is seeking a court judgment that would allow them to foreclose on this lien if necessary. Furthermore, they are requesting reimbursement for all legal fees incurred during this process as well as any future costs associated with enforcing or appealing any court decision.

The plaintiff’s attorneys from Holt & Tollett P.C., including J.C. Jamison and David K. Berk among others, have been retained specifically for this case. They argue that all conditions precedent necessary for recovering upon these claims have either occurred or been waived by the defendants.

Ultimately, Riata Ranch Homeowners Association seeks several forms of relief from the court: confirmation of the delinquent amounts owed; post-judgment interest at Texas's maximum allowable rate; reasonable attorney's fees; court costs; foreclosure of their lien against the Alfords' property; and any further relief deemed justly entitled.

This case will be presided over in Harris County's 165th Judicial District Court under Case ID 2024-81614 with Judge Monica Jackson overseeing proceedings.

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