Westador Civic Association has taken legal action against a property owner, accusing her of failing to pay mandatory fees associated with her residence. The lawsuit was filed by the Westador Civic Association in the District Court of Harris County on November 21, 2024, targeting Alexandra Denise Schaefer as the defendant.
The case revolves around a breach of contract claim concerning delinquent assessments tied to property maintenance and special fees. According to the Westador Civic Association, these fees are outlined in a set of restrictive covenants recorded in the Harris County Real Property Records. These covenants serve as a binding contract between the association and Schaefer, who owns property within the community governed by these rules. The plaintiff asserts that Schaefer has failed to fulfill her financial obligations under this agreement, leading them to seek judicial intervention.
The association is seeking several forms of relief from the court. They are asking for monetary damages that fall within the jurisdictional limits of the court, as well as non-monetary relief. Specifically, they are requesting foreclosure on a vendor's lien attached to Schaefer's property due to unpaid fees. This lien serves as security for the amounts owed and allows for foreclosure if payments are not made. Additionally, they are pursuing recovery of related costs such as interest and attorney fees incurred while attempting to collect these overdue payments.
In their petition, Westador Civic Association outlines their entitlement to attorney fees under Section 38.001 of the Texas Civil Practice and Remedies Code and Section 5.006 of the Texas Property Code. They argue that retaining legal counsel became necessary due to Schaefer's continued non-payment, prompting them to file this lawsuit. The association seeks reimbursement for these legal expenses consistent with what they have paid their attorneys.
Representing Westador Civic Association is Chris Archambault from Porter Law Firm based in Houston, Texas. The case is filed under Cause No. 2024-82057 in Harris County's 80th Judicial District Court.