Major Victory for Homeowners

June 25, 2004

By Rich Cochran
Copyright AHRC News Services

Geneva Brooks must be smiling in heaven tonight. The Texas Supreme Court in an opinion by Justice Jefferson ruled with regard to a major portion of the case, that she was right.

The deed restrictions of her homeowner association said that it could not raise fees above $120 a year. The homeowner association went ahead anyway and raised the fees. It argued that Chapter 204 of the Texas Property Code authorized the board to raise assessments unilaterally. The trial court agreed with the homeowner association, North Glen. Geneva and 5 other homeowners appealed. The appellate court ruled that in 3 sections of North Glen, the homeowner association could not charge more than $120 a year, while in 3 other sections it could do so by accumulating assessments.

The Texas Supreme Court ruled that North Glen could not raise the annual assessments of $120 in any section. It allowed the imposition of late fees.

The ruling has potential impact throughout Harris County, Texas, where deed restrictions conflict with the Texas Property Code on this issue. There are 2.8 million residents in Harris County.

David Kahane, her attorney, could not reached for comment at press time, but he is undoubtedly very happy at the ruling. He has devoted a lot of time and effort to this case.

Geneva Brooks, a feisty stalwart of the homeowner movement, died last year. Her valiant effort has helped every homeowner.