Can JP courts in Texas provide injunctive relief?

[NeverMarryAStripper 21765]

The need may arise to file suit against my HOA to prevent them from assessing a fine for an alleged violation.  Since I won't be paying any such amounts assessed, I won't have any monetary damages to sue for.  I've represented myself in JP court several times, but only to ask for monetary damages.  The Texas Residential Property Owners Protection Act seems to allow for a home owner to use a JP court to force an HOA to provide access to its books and records, but doesn't seem to address injunctive relief from assessed fines and penalties.

[conVINCEd 21468]

Fuck HOAs.  That’s all I got.  Put the system on trial.

[Clintonaldo 2303]

Neverhireastripper

[Brisketexan 103148]

No. And the requirements for a valid injunction are very specific. You should probably get a lawyer if that’s what you want to do.

[ROFL BOX 6620]

9 hours ago, Brisketexan said:

No. And the requirements for a valid injunction are very specific. You should probably get a lawyer if that’s what you want to do.

Oh, you DO know Betty Bowers, America's best Christian?

[South Austin 51411]

10 hours ago, Brisketexan said:

No. And the requirements for a valid injunction are very specific. You should probably get a lawyer if that’s what you want to do.

Agree on both.  If you want to seek declaratory or injunctive relief challenging the validity of the fine, then you'll need to file in county or district court, and unless you have mad wizard lawyer skills like Ted Bundy, you'll need a lawyer.

[NeverMarryAStripper 21765]

I guess I'll just see how this plays out.  The HOA is in clear violation of the Texas Property Code.  If they assess a fine under those conditions I may just pay it and then sue them in JP Court for damages equal the the fine.

[boilerhorn 1237]

@NeverMarryAStripper - do you mind sharing the alleged violation?  It's OK if you tell me it is none of my business

 

Anecdote: a friend had several run-ins with his HOA about "architecture violations" etc.  He hired an attorney who advised that his best approach was to walk the neighborhood, look for violations, and document them.  After 1-2 months, he would share these violations and request the HOA provide proof that they had actually acted to enforce said violations.  If they did not, the attorney claimed he could file suit against the HOA for selectively enforcing deed restrictions and that one possibility was the dissolution of the HOA.  Seemed like a lot of time and a lot of expense for an unlikely outcome.

In concept, HOAs are a good idea.  You've got folks investing a huge chunk of cash on a house and you want to make sure that someone does not run a used car lot out of his driveway or build a shanty town in his back yard.

In practice, they are pains in the ass.  You have management companies driving neighborhoods looking for a trifling violation.  They send a notice and fine the owner.  I could go on... 

I agree w/ putting the system on trial. 

This year the state of Texas adopted new laws affecting HOAs.

• Association cannot prohibit homeowner from installing a fence around a pool.  Also cannot prohibit transparent metal-mesh framed enclosure.
• Association cannot prevent owner from installing security measures, like cameras, motion sensors and perimeter fencing.
• Caps fees for resale certificates at $375
• All professionally managed HOAs must have a website with current versions of declaratory instruments
• Person cannot be on architecture committee (ACC) if (1) on HOA board (2) spouse of a board member or (3) living in same house as board member
• Owner can appeal ACC decision to board
• Board meeting notice requirement changed from 72 hours to 144 hours
• Any budget adoption meeting must be open meeting
• Association must solicit bids for any jobs costing more than $50k
• Association cannot report to a credit bureau if charges are disputed
• Rules on HOA violation hearings - all evidence presented BEFORE not at meeting.
• Owners may sue association in JP court for violation of any new statutes (how do they determine damages?)
• HOAs can no longer limit religious displays to front door only.
• Golf carts no longer need to have golf cart license in master planned community

There are more -- I got tired of typing.

Let's put the system on trial