Fighting an HOA board by yourself could prove expensive
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: I think the current board of my homeowners’ association came to office by lies, falsehoods and fraudulent proxy votes. They use their office to send out propaganda letters at the association’s expense to promote themselves and denigrate anyone who speaks out against them. They even sued a former board member, but the lawsuit was dismissed. They have taken many other seemingly illegal actions. What recourse, if any, does a homeowner have, and what would you recommend?
A: There are legal options available to you, but you need to discuss this with an attorney who specializes in homeowners’ association law. With more information, that lawyer will be able to tell you what you can do.
However, hiring a lawyer might be expensive. Therefore, you may want to find a number of other homeowners who are willing to share the expense and join you in challenging the board.
Q: In a State Your Case column a few weeks ago, you mentioned the upcoming annual Will-A-Thon. However, that program is not available to Fort Bend County residents. Is there a similar Will-A-Thon program in Fort Bend County?
A: There is a program called Fort Bend Lawyers Care, which has workshops and clinics and is a volunteer lawyer program. However, it doesn’t have a Will-A-Thon like the one in Harris County.
It’s possible the program might be able to match you with a volunteer lawyer, assuming you qualify for free legal assistance.
You can find out more information at fortbendlawyerscare.org, or you can call 281239-0015.
Q: My will leaves my property to two beneficiaries. I want to eliminate one of the beneficiaries and leave all of my assets to the other listed person. What do I need to do to accomplish this? What would be a reasonable cost for legal fees? A: You have two options. The first option is to prepare an amendment to your will (called a codicil) to make the change to the one section of your will that needs to be modified. This option will likely be less costly.
The second option is to write an entirely new will. This option is much better because it’s not good to have your will consist of two parts. If the person you are cutting out finds the will and codicil first, it’s too easy for the codicil to find its way to the shredder.
You should expect to pay as little as a few hundred dollars or as much as a few thousand dollars, depending on the lawyer you decide to hire and the approach you decide to take.
Ronald Lipman, of Houston law firm Lipman & Associates, is board certified in estate planning and probate law by the Texas Board of Legal Specialization. stateyourcase@lipman-pc.com