Attorney Fee Shifting in Texas HOA Disputes — Section 209.008
Section 209.008 of the Texas Property Code provides for attorney’s fee recovery in certain HOA enforcement actions. The fee-shifting provision applies differently to the association and the homeowner — and the procedural steps you take before litigation affect your eligibility.
Pre-Suit Notice in Texas HOA Cases — Section 209.007
Section 209.007 of the Texas Property Code imposes pre-suit notice requirements for certain HOA-related claims. Understanding when this requirement applies — and what the notice must contain — is essential to preserving your right to bring the claim.
Declaratory Judgment Against HOA — Challenging Restriction Validity
Declaratory judgment actions under Chapter 37 of the Texas Civil Practice & Remedies Code allow homeowners to proactively challenge the validity of deed restrictions. A successful declaratory judgment can resolve the question for all homeowners in the community — not just the plaintiff.