• Assessment Collection
• Enforcement of Deed Restrictions
• Corporate Governance
• Drafting & Amending Governing Documents
• General Advice and Counsel
• Contract Review & Negotiation
• Maintenance Issues
• Special & Annual Meetings
• Elections
• Legislative Updates

The attorneys at Lang & Associates have accumulated years of success representing homeowners and community associations for single-family homes, townhomes, and condominiums throughout Houston and the surrounding areas. While we primarily assist associations, we have also helped homeowners navigate their way through the legal process in order to effectively resolve their disputes. In fact, due to the firm’s high success rate in representing homeowners, an increasing number of community associations have recognized our attorneys’ effectiveness in resolving HOA disputes and have reached out to Lang & Associates for representation and replacement of their former legal teams.

Residents and homeowners within a community association development share ownership of the common land and areas. Typically, amenities such as clubhouses, fitness centers, and/or swimming pools are available for use. All homeowners are members of the community’s association and are therefore required to pay a regular assessment fee to the association. The purpose of this fee is to provide the funds to maintain the common areas and amenities of the community, and homeowners are legally bound to pay this fee in a timely manner. When a homeowner fails to pay assessments, the community association is responsible for collecting what is past due. However, it is important that the HOA complies with the Texas Property Code and the community’s declarations when attempting to collect assessments. Homeowners with delinquent assessment accounts can be charged attorneys’ fees and interest. These costs and fees will continue to accrue until the homeowner pays the entire amount past due or the association places a lien on the property. It is important that homeowners take this matter seriously as an association is allowed to initiate foreclosure proceedings on a homeowner’s property if the debt is not satisfied. The attorneys at Lang & Associates are highly experienced in this area and can ensure that your association’s collection efforts are in compliance.

Lang & Associates’ experience in deed restriction enforcement distinguishes us from other HOA firms. All homeowners in an HOA community are bound by the community’s Covenants, Conditions, and Restrictions (CCRs). However, it is the association’s responsibility to enforce the CCRs. Recent case law has shown that unenforced deed restrictions, or deed restrictions not uniformly enforced, can be deemed waived or abandoned by the courts. It is important that your HOA has a legal team that is familiar with the law and prepared to take action in the event a homeowner refuses to comply with the deed restrictions. It is essential that your community doesn’t fall victim to sloppy enforcement and inexperienced litigators. The attorneys at Lang & Associates are familiar with the procedures for filing, litigating, and enforcing Temporary Restraining Orders and Temporary Injunctions to immediately stop the violation.

An HOA is essential to a planned residential community to bring continuity and order to the community, preserve the architectural integrity, and maintain the common elements. Community associations are responsible for its assets as well as its operation in accordance with standards established by state and federal laws, ordinances, and the governing documents upon which the entity itself was created. To the extent that the association, which is typically a non-profit corporation, has such authority and control, it is the elected board of directors that carries out these duties and responsibilities.

A common myth is that, as a board member of a non-profit, you are immune from lawsuits. This is simply not true. As a board member, you are required to act in good faith and recognize the fiduciary relationship that the board has to the association and to each of its members. While your bylaws may require a vote to indemnify you in certain instances, you can still be sued. In the event of litigation, the attorneys at Lang & Associates are here to help, providing both board members and officers a tough defense.

Operating an HOA carries with it many of the same duties and responsibilities as overseeing any other business. Consulting with an experienced legal team can help your association avoid difficulties and conflicts within your organization. The attorneys at Lang & Associates have experience in drafting governing documents such as declarations and bylaws. We are also familiar with the legal requirements for amending these documents and can guide board members through such procedures and other complexities of corporate governance to help get your association on track.