In dispute with HOA, ‘neat’ is in the eye of the beholder
Q. My homeowners association notified me that I am in violation for failing to maintain my property. They said: “Please pressure wash driveway to remove dirt and stains that have accumulated over time.”
To me, the driveway does not look bad. When I called to question their authority to order this, they cited this sentence: “Owners are bound and obligated through the purchase of a Lot to maintain the Lot and all Improvements thereon in a neat and habitable manner.”
I am unemployed and don’t have discretionary funds to pay for this. Is this something they can force me to do?
A. At least they said “please.” Other associations might not have been as polite.
Plus, it is arguably good that you have a homeowners association that is actively trying to make your neighborhood look nice. The question, though, is whether they are being overzealous in their efforts to spruce things up.
The analysis hinges on what it means to maintain something in a “neat and habitable manner.” The word “neat” means orderly, clean and tidy. The word “habitable,” when referring to a residence, means it is safe and can be occupied in reasonable comfort. In other words, it is closed in against the weather, and has running water, decent toilets and bathing facilities, heating, air conditioning and electricity.
It would seem that if you can drive a car up and down your driveway, and it is safe to walk on it as well, then it qualifies as habitable. The issue comes down to whether a few layers of dirt and grime have rendered your driveway too dirty to be classified as “neat.”
Without seeing your driveway, it’s not possible to say if it is no longer “neat.”
But do you really want to fight your homeowners association over this issue? You might win, but it may be easier to find a teenager in your neighborhood whose parents already own a power washer and pay that kid $25 or so to wash your driveway. Q. My wife and I are retired business owners. Several years
ago, we created a revocable trust to protect our children from additional tax burdens. Now, with the changes in the estate tax laws and after drawing down our retirement accounts, we are wondering, do we still need the protection of a trust?
A. For most people, the answer is no, you probably no longer need complicated estate planning to save estate taxes. You didn’t mention how wealthy you are, so you might still benefit from trust planning.
The exemption from estate taxes is now $11.4 million per person ($22.8 million for a married couple). The exemption is also indexed for inflation and will be increasing each year (although the exemption will be cut in half in 2026 unless the laws are changed).
You might still benefit from a revocable trust, but it is unclear from your question whether this is the case.
You should meet with your attorney to review your estate plan. The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.