The Atascocita Timbers Homeowners’ Association Corporation has filed a lawsuit against two property owners, alleging unpaid assessments and seeking foreclosure of the lien on their property. The complaint was filed in the District Court of Harris County, Texas, on November 26, 2024, against Paul Henry and Parathino Williams Henry.
According to the petition submitted by the Atascocita Timbers Homeowners’ Association Corporation, a Texas non-profit organization, Paul Henry and Parathino Williams Henry are residents of Humble, Texas. They own a property located at 5223 Hill Timbers Drive within the Atascocita Park subdivision. This area is governed by a set of covenants, conditions, and restrictions outlined in a document known as the "Declaration," which is legally binding for all property owners within the subdivision. The Declaration mandates that property owners must pay annual and special maintenance assessments to the homeowners' association. These assessments are intended to cover various community expenses and improvements.
The homeowners' association claims that Paul Henry and Parathino Williams Henry have failed to fulfill their financial obligations as stipulated in the Declaration. Despite being given a forty-five-day period to address their outstanding debt, they have not made any payments towards their overdue assessments. Consequently, the association has decided to pursue legal action to recover these funds. The plaintiff asserts that it is entitled to collect not only the unpaid assessments but also interest on these amounts at an annual rate specified in the Declaration.
Furthermore, the association seeks foreclosure of its lien on the defendants' property as permitted by the Declaration when assessments remain unpaid. This legal measure would allow them to sell the property at auction to satisfy the debt owed by Paul Henry and Parathino Williams Henry. Additionally, they are requesting reasonable attorney's fees incurred during this legal process under Section 5.006 of the Texas Property Code.
In their request for judgment from the court, Atascocita Timbers Homeowners’ Association Corporation asks for citations to be issued against both defendants so that they may appear before Judge Talitha McCarty in Harris County’s 127th Judicial District Court (Case ID: 2024-83201). They seek an order requiring payment of all outstanding debts plus post-judgment interest at maximum rates allowed by law; foreclosure upon their lien; coverage for court costs; general relief deemed appropriate by Judge McCarty; as well as reasonable post-judgment appellate attorneys' fees if necessary.
Representing Atascocita Timbers Homeowners’ Association Corporation are attorneys W. Austin Barsalou (Texas Bar No.:01835900) & Chase P Hague (Texas Bar No.:24071573) from Barsalou & Associates PLLC located at Suite #580 Southwest Freeway Houston TX77027 whose contact details include telephone number7136525044 fax number7136508745 email addresses abarsalou@barsalou.com chasehague@barsalou.com respectively