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New Day for Texas HOAS: Overview of 2011 Reform Legislation for Condos and Owners Associations

Michelle Stokan - noemail@butlerhailey.com — Fri, 01 Jul 2011 16:00:00 GMT

These materials were prepared by Roy Hailey and Sharon Reuler (a fellow attorney and colleague from Dallas, Texas) for the June 30, 2011 State Bar of Texas Webcast to showcase the new POA specific laws passed by the Texas Legislature in its 2011 Session (82nd). Of particular interest are the attachments for Chapters 202, 207 and 209 of the Texas Property Code, which red-line the changes to these Chapters made by the 82nd Texas Legislature. Also of interest is the “POA Checklist”, which highlights the new laws by subject matter and includes a thumbnail of the bill numbers, sections of the Code amended, effective dates and whether the new laws are applicable to POAs that are condominiums, single-family or both.

Click here for Outline + Faculty + Disclaimer

Click here for TPC Sections Affected

Click here for 19 POA Bills – Enrolled Versions

Click here for Subject Overview of HOA Reform Laws 2011

Click here for Highlights of HOA reform Laws 2011

Click here for TPC Chapter 209 with 2011 Changes

Click here for TPC Chapter 207 with 2011 Changes

Click here for Resale Certificate Law Changes

Click here for TPC Chapter 202 with 2011 Changes

Click here for Checklist of 2011 HOA Law Reforms from HOA Perspective

1-Jul-11 11:00 AM

The Texas POA Primer - Tips for working with Condo and Homeowner Associations

Roy Hailey - noemail@butlerhailey.com — Wed, 11 Aug 2010 00:00:00 GMT

The Texas POA Primer is a guidebook covering the basic elements of a Texas law practice that works with common interest developments and property owners associations - in the residential context - both condominiums and planned communities. It was written for lawyers, but contains a wealth of information on the law governing property owners associations and helpful tips for both their directors and managers. Among its many exhibits is an update to the outline "Survey of Texas Case Law affecting Property Owners Associations" which update includes reported Texas cases affecting property owners associations from the years 2006 - 2009.

Click here for a .PDF version of the article

10-Aug-10 7:00 PM

Survey of Texas Case Law Affecting Property Owners Associations (2006)

Administrator - noemail@butlerhailey.com — Wed, 04 Jun 2008 23:00:00 GMT

Survey of Texas Case Law Affecting Property Owners Associations (2006)

This article is on the significant holding in each case discussed concerning the law governing property owners associations and restrictive covenants. The article should be used as a directory of those cases reported over the last twenty-one years that discuss or comment on the law affecting property owners association and restrictive covenants. (updated for 2006)

Click here for a .PDF version of the article.

4-Jun-08 6:00 PM

Foreclosure of POA Assessment Liens (2005)

Administrator - noemail@butlerhailey.com — Wed, 04 Jun 2008 23:00:00 GMT

Foreclosure of POA Assessment Liens

This paper addresses the procedures, which must be followed to effect a valid foreclosure sale of a lien held by a property owners association

Click here for a .PDF version of the article.

4-Jun-08 6:00 PM

Statutory Evolution of Property Owners Associations in Texas: Including An Overview of What They Are and Their Statutory Powers and Limitations (2002)

Administrator - noemail@butlerhailey.com — Wed, 04 Jun 2008 22:00:00 GMT

Statutory Evolution of Property Owners Associations in Texas: Including An Overview of What They Are and Their Statutory Powers and Limitations

Click here for a .PDF version of the article.

4-Jun-08 5:00 PM

Statutory Evolution of Condominums and Property Owners Associations in Texas (2002)

Michelle Stokan - noemail@butlerhailey.com — Mon, 04 Feb 2008 22:00:00 GMT

Statutory Evolution of Condominums and Property Owners Associations in Texas

Click here for a .PDF version of the article.

4-Feb-08 4:00 PM

Brochure Page

Tue, 28 Jun 2011 20:45:31 GMT

Download the Brochure OR
Request the brochure at
713-780-4135

Butler│Hailey

Thu, 27 May 2010 22:01:37 GMT

Property owners associations play a vital role in protecting one of the most valuable assets in a family’s financial portfolio – the home. The property value of a home is determined by numerous factors, many of which are dependent on the aesthetics of neighboring homes. Property owners associations are self-governing entities that establish rules, restrictions and standards in an effort to improve and maintain the community. These associations are often faced with issues that require legal assistance. Butler│Hailey is devoted to assisting and representing property owners associations and developers with skillful, personalized attention in a timely and cost effective manner.

Corporate Counsel

Thu, 27 May 2010 22:01:11 GMT

The firm counsels our developer clients and property owners’ association clients on all types of corporate issues. Issues may be as basic as how to conduct a meeting to something more significant, such as advising of the rights and responsibilities of the client under the governing documents and applicable statutes in matters involving property owners within the development, adjacent landowners, or governmental entities. Contract negotiations, drafting and review are common services provided to our clients.

For more information, give us a call at (713) 780-4135

Attorney Profiles

Thu, 13 May 2010 20:40:43 GMT

Rick S. Butler

Roy D. Hailey

Mimi L. Butler

Cliff Davis

Eric Tonsul

Rick J. Miller

Lisa A. Wilis

Lisa Linney

Our Location

Wed, 15 Jul 2009 19:47:59 GMT

We are located at:

8901 Gaylord Drive, Suite 100
Houston, Texas 77024

Get Directions

We are 1 block south of Interstate-10/Katy Freeway between Campbell and Voss.
(behind Goode Company BBQ)

Please see map below:

Fees

Tue, 30 Jun 2009 20:14:22 GMT

Our fees are competitive. We are upfront about the cost of legal services before they are rendered because we understand many property owners associations operate on a limited budget. Many of our legal procedures are billed at a flat rate, such as letters demanding payment of delinquent assessments or compliance with deed restrictions. Our familiarity and experience with common legal issues faced by property owners associations reduces our research time. We also offer an optional alternative fee arrangement for assessment collections.

Please contact us for a current fee schedule and details on the optional alternative fee arrangement for assessment collections. (713) 780-4135

Deed Restriction Enforcement

Tue, 30 Jun 2009 20:13:28 GMT

The absence of zoning laws in Houston means that the enforcement of restrictions applicable to a subdivision may be the only method of preserving the character of the subdivision and maintaining property values. The firm has substantial experience in deed restriction enforcement, including litigation in justice courts, state county and district courts, federal courts, and appellate courts. Some appellate court decisions handled by the firm are reported. An enforcement issue may be fairly simple, such as action to compel a party to comply with a clear, unambiguous restriction, or complex, such as a suit in which the meaning and intent of a restriction is vigorously contested. Our experience enables the firm to handle deed restriction enforcement issues in a manner that is likely to be much more professional, efficient and cost-effective than a firm without similar experience.

For more information, give us a call at (713) 780-4135

Amending Documents

Tue, 30 Jun 2009 20:13:06 GMT

The firm also has substantial experience in drafting amendment documents for residential and commercial developments. With regard to an existing Declaration of Covenants, Conditions and Restrictions, the task may only involve a single provision or it may be as extensive as a complete amendment and restatement of an existing Declaration. Amendments and restatements of Declarations for multiple sections in a development often involve the consolidation of all sections so that all sections are governed by a single document. The firm has handled amendments, restatements and consolidations of original restrictions recorded as long ago as the 1930’s and involving as many as 23 sections. Amending Bylaws, Architectural Guidelines and Rules and Regulations are an ongoing function of the firm so that our clients’ governing documents remain current with the law. All governing documents, as well as amendments and supplements to governing documents are recorded in the real property records of the county where the development is located, as required by statute, by virtue of a Notice of Dedicatory Instrument and supplements to the Notice.

For more information, give us a call at (713) 780-4135

Drafting Governing Documents

Tue, 30 Jun 2009 20:12:46 GMT

The firm has substantial experience in drafting the governing documents for new developments. This includes the restrictive covenants, typically referred to as the Declaration of Covenants, Conditions and Restrictions, an Annexation or Supplemental Declaration for a new section added to the development, the Certificate of Formation and Bylaws of the property owners’ association, Architectural Guidelines, Builder Guidelines and Rules and Regulations. The firm also drafts other documents that may be necessary in a new development, such as management certificates, deeds conveying common areas, easements, dedication instruments, joint participation agreements, reservation agreements, and purchase and sale agreements. In the case of a residential or commercial condominium development, the firm also prepares the condominium information statement required by statute.

For more information, give us a call at (713) 780-4135

Assessment Collection

Tue, 30 Jun 2009 20:06:49 GMT

The firm has vast experience in the collection of assessments. Many of our legal assistants have more than 15 years of experience in collection work, including judicial and non-judicial foreclosure. The collection of assessments is vital to property owners’ associations; yet, actual foreclosure of an association’s lien is utilized only when necessary. The firm’s collection procedures include additional notices and contacts with the delinquent owner that are not required by law but which are aimed at attempting to collect the debt without the necessity of foreclosure. Collection work requires knowledge of and adherence to state and federal statutes governing debt collectors and protecting the rights of debtors. Members of the staff engage in ongoing education with regard to applicable statutes. The firm offers alternative fee arrangements for its collections services.

Potential clients interested in this alternative fee arrangement should contact our offices for further explanation.

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noemail@butlerhailey.com — Mon, 13 Aug 2007 18:43:38 GMT

Objectives:

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Release Date: 13-Aug-07 1:43 PM
Expiration Date: 13-Nov-07 1:43 PM

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2007-08-13T18:43:38Z

Instructor: Instructor

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