Dirt 05 said:
Have a family member new to the neighborhood. Shortly after moving in a storm blew down a section of their old fence. They immediately received nasty gram from HOA to repair. The fence was promptly replaced. Alomost immediately they received another nasty gram from HOA stating that it wasn't capped properly. Fence was capped promptly, and the HOA sent an approval letter for completion of repair in August. Then last week the HOA sends a demand letter from an attorney because the HOA didn't have architectural approval on file. Family member sent the prior approval to HOA but apparently this didn't resolve the matter.
Would appreciate a recommendation for an attorney to help them put this matter behind them. Or if by some miracle one of you knows someone with common sense on the board that would be willing to answer the phone and get this resolved in a neighborly manner, it would be much appreciated.
Thanks in advance H-Town!
The HOA attorney market in Houston is incredibly small (at least for the good ones). They all know each other well and they are all very expensive (like $250/hr).
Typically once your violation gets turned over to an attorney, the Board members and their management will (or at least should) not communicate directly with you. Doesn't mean they won't though.
There appears to be a lot of missing information on your post regarding the details of the issue and there are two sides to every story. So without seeing pictures of the fence, capping, knowing all the communication between your family and the Board, it's hard to say who is in the wrong (though it seems like the HOA is making things FAR more difficult and annoying than they should be based upon the information you provided).
If your family truly thinks they are in the right and has documentation to prove it, I would have them type up a relatively short but to the point letter based on facts to the attorney stating the claims. Attorney's aren't going to care much about excuses or sympathy, just provide the facts. Getting an attorney involved on their side at this point in time would be costly and should be a last resort. But if they truly feel it is necessary and that they have a valid case, then I would recommend Mtichell Katine. He is very expensive but you can pay around $250 for an initial consultation with him and there is a good chance he knows the other attorney and can contact him.
Regarding the Architectural Approval- if one was in fact required and submitted by your family member, the Board has 30 days to respond to you. If they don't respond, then it is an automatic approval. But you would have to show proof they submitted the approval.
