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Community Association Sues Homeowner Over Unpaid Assessments

SOUTHEAST TEXAS RECORD

Tuesday, April 15, 2025

Community Association Sues Homeowner Over Unpaid Assessments

State Court
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District Courts of Harris County | Official website

City Gate Community Association, Inc. has taken legal action against Brandon Joseph Durden in a case filed on April 4, 2025, in the District Court of Harris County. The plaintiff alleges that the defendant has breached contractual obligations related to delinquent assessments within their community association.

The City Gate Community Association, Inc., a non-profit corporation based in Harris County, Texas, claims that Brandon Joseph Durden, a resident of Texas, has failed to comply with the restrictive covenants tied to his property located at LOT 48, BLOCK 2 of City Gate Sec 3. These covenants were established by the original developers and recorded in the County Real Property Records. The plaintiff argues that these restrictions serve as an operative contract between them and Durden. According to the complaint, Durden is obligated to pay maintenance fees and special assessments as part of his ownership responsibilities within the community. However, he has allegedly neglected these financial duties, prompting the association to seek judicial intervention for breach of contract.

The lawsuit outlines several demands from the court. The City Gate Community Association seeks monetary relief amounting to $250,000 or less along with non-monetary relief. They are also pursuing foreclosure on a vendor's lien secured by Durden's property due to unpaid assessments. The association emphasizes its right under said restrictions to foreclose this lien for any outstanding amounts owed by Durden. Additionally, they request recovery of all related costs including interest and attorney fees as per Section 38.001 of the Texas Civil Practice and Remedies Code and Section 5.006 of the Texas Property Code.

In terms of legal proceedings, the plaintiff requests that Brandon Joseph Durden be summoned to appear in court and answer these allegations. They are seeking damages as specified in Exhibit “C” attached to their petition along with pre-judgment interest and reasonable attorney fees for all stages of litigation including foreclosure actions if necessary. Furthermore, they demand post-judgment interest on any awarded amounts plus court costs incurred during this process.

The legal representation for City Gate Community Association is provided by Porter Law Firm with Chris Archambault listed as their attorney handling this case (SBN: 24082634). The case is presided over by a judge from Harris County’s District Court under Case ID: 2025-23456.

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