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Brochure Page

Tue, 28 Jun 2011 20:45:31 GMT

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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.

Corporate Counsel

Tue, 30 Jun 2009 19:48:42 GMT

Our Philosophy

Tue, 09 Jun 2009 19:43:25 GMT

Our firm is unique. Instead of assigning a property owners association client to one attorney, our client receives the attention of a team of attorneys and legal assistants. While one attorney generally oversees and coordinates a property owners association’s legal needs, our team of attorneys assists all of our clients, enabling our firm to better handle situations requiring immediate action. We pride ourselves in maintaining relationships with our clients. Butler│Hailey attorneys cultivate relationships with every client, learning about their specific needs and circumstances. We understand that all developments are different, and know that it is never a “one size fits all” situation. What may seem like a standard document is customized to meet the special legal needs of each client. Butler│Hailey maintains the highest standards of our profession. We scrutinize any relationship that may pose a conflict of interest. Our attorneys dedicate their time to learning about changing trends and developments in our practice areas by not only attending continuing education seminars, but also by speaking at seminars presented by recognized professional organizations such as the State Bar of Texas.

About Butler│Hailey

Tue, 09 Jun 2009 19:37:58 GMT

Butler│Hailey has received the rating "av" and are listed as Preeminent Lawyers by Martindale-Hubbell, the most respected attorney rating service in the United States. Dedicated to remain one of the preeminent law firms in Texas representing property owners associations, our attorneys also remain active in organizations; this includes membership in organizations that focus on legislation and education in Texas. This involvement places our attorney in the unique position of remaining in the forefront of the ever-changing face of the law effecting property owners associations, so that we can continually keep our clients up-to-date.

Thank you for considering Butler & Hailey, P.C. for your legal needs.

About Butler│Hailey

Tue, 09 Jun 2009 19:36:49 GMT

Butler│Hailey is a well-established law firm focusing its practice on representing property owners associations, developers and builders. We were founded in 1980 and have since represented hundreds of associations and developers in the Houston area, including clients in Harris, Fort Bend, Montgomery, Brazoria and Galveston Counties. We currently represent more than 600 property owners associations. We also represent a substantial number of builders and developers. The various associations we represent include single-family residential, townhome, condominium, commercial and master planned communities. Property owners association law is our primary focus, not one of many practice areas. Our clients benefit from having attorneys who have practiced locally for more than 25 years and enjoy an excellent reputation in the area of property owners association law. Adding to the depth of our firm, both Rick Butler and Roy Hailey are Board Certified in Residential and Commercial Real...

About Butler│Hailey

Tue, 09 Jun 2009 19:34:30 GMT

Industry Links

Thu, 05 Feb 2009 22:30:31 GMT

Federal Government United States Federal Government United States House of Representatives United States Senate United States Court of Appeals for the Fifth Court United States District Court – Southern District of Texas United States Bankruptcy Court, Southern District of Texas State Government State of Texas Texas Comptroller of Public Accounts Texas Court of Appeals Texas Secretary of State Texas Supreme Court Texas Attorney General - Opinions Texas Property Code Texas Business Code State Bar of Texas Local Government Brazoria Appraisal District Brazoria County Clerk Brazoria District Clerk Fort Bend Appraisal District Fort Bend County Galveston County Appraisal District Galveston County Harris County Appraisal District Harris County Clerk Harris County District Clerk Montgomery County Montgomery County Appraisal District Other CAI (Community Associations Institute) CAI Bookstore CAI Houston (Greater Houston Chapter...

Principles

Tue, 09 Sep 2008 14:49:36 GMT

Rick S Butler

Roy D. Hailey

Contact Us

Thu, 05 Jun 2008 22:44:42 GMT

Management Companies

Wed, 04 Jun 2008 21:28:08 GMT

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Roy D. Hailey

Fri, 30 May 2008 22:29:47 GMT

profile, picture, and contact information

Born in Rosebud, Texas, Mr. Hailey earned his law degree from the South Texas College of Law in 1981 after receiving a B.S.E. degree from the University of Texas at Austin. Mr. Hailey is a member of the Houston Bar Association and its Real Estate Section and has served on its Fee Dispute Committee. He is also a fellow in the Texas Bar Foundation and Houston Bar Foundation. Mr. Hailey is a member of the State Bar of Texas, its Real Estate Section and serves on its Committee on Property Owners Associations. He has been admitted to practice before the U.S. District Court, Southern District of Texas, the U.S. Court of Appeals (Fifth Circuit) and the U.S. Supreme Court. Mr. Hailey is Board certified in Commercial and Real Estate Law by the Texas Board of Legal Specialization. He is a member of the Texas College of Real Estate Attorneys. Mr. Hailey also has spoken at seminars on behalf of the State Bar of Texas and the Houston Bar Association. The Texas Bar CLE presented Mr. Hailey the Jerry Charles Saegart Award for “Best CLE Paper” for the paper prepared for the 2002 Advanced Real Estate Law Course. He has served on the Board, as President and former Chairman of the Legal Committee, of the Greater Houston Chapter of the CAI. Mr. Hailey is currently a member of the Texas Legislative Action Committee of CAI. Mr. Hailey was selected as a Texas Super Lawyer in 2003 in the area of Real Estate Transactions.