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Plaintiff Homeowners Association accuses Resident Jose Palacios of Breach of Contract

SOUTHEAST TEXAS RECORD

Tuesday, March 18, 2025

Plaintiff Homeowners Association accuses Resident Jose Palacios of Breach of Contract

State Court
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District Courts of Harris County | Official website

Jasmine Heights Homeowners Association has filed a lawsuit against a resident for failing to pay maintenance fees and special assessments, leading to a breach of contract. The complaint was lodged by the Jasmine Heights Homeowners Association in the District Court of Harris County on March 7, 2025, against Jose Palacios.

The plaintiff, Jasmine Heights Homeowners Association, is a non-profit corporation operating under Texas law with its principal office in Harris County. They have accused Jose Palacios, a resident of Texas residing at 20503 Chatfield Bend Way, Katy, TX 77449, of breaching the contractual obligations set forth in the restrictive covenants recorded by the original developers of their subdivision. These covenants are part of the property deed and require homeowners to pay certain fees and assessments to maintain community standards. The association claims that Palacios has failed to fulfill these financial obligations despite being legally bound as a member of the homeowners association.

According to the complaint, Jasmine Heights Homeowners Association argues that Palacios' failure to pay these dues violates their contractual agreement and disrupts the financial structure necessary for maintaining communal areas and services. The association's claim is supported by Exhibits A and B attached to their filing: Exhibit A includes the restrictive covenants themselves, while Exhibit B contains documentation proving Palacios' ownership of the property in question. Due to this alleged breach, they seek relief through foreclosure on liens placed against Palacios' property as security for unpaid dues.

In addition to foreclosure, Jasmine Heights Homeowners Association seeks monetary damages within the jurisdictional limits of the court. They request pre-judgment interest on any awarded amounts and reimbursement for reasonable attorney fees incurred during pre-trial, trial, post-judgment actions, and foreclosure proceedings. Furthermore, they ask for an order permitting them or another designated party to purchase Palacios' property at auction if necessary. Finally, they seek any other relief deemed appropriate by the court.

Representing Jasmine Heights Homeowners Association is Chris Are from Porter Law Firm based in Houston. The case has been assigned Case ID 2025-15735 and will be presided over by Judge Talitha McCarty in Harris County's 80th Judicial District Court.

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