Lake Meredith harbor property association

04/30/2026

I do think that lake Meredith harbor is testing out a new strategy. They're having individual sue people for them because they're unable to enforce anything. Here's what to know. Sure this is under advice from the attorney. But I'm just guessing it's my opinion.

1. Can a neighbor sue you instead of the HOA?
Yes. Most HOA deed restrictions (CC&Rs) include language allowing “any owner” to enforce the rules—not just the HOA.
So even if the HOA never enforces anything, a private owner can still file suit.
👉 That part alone usually does hold up legally.

2. Selective enforcement (this is where your argument gets stronger)
Texas courts recognize a defense called “selective enforcement” or “waiver/abandonment.”
If you can show:
The HOA (and neighbors) have regularly ignored similar violations, and
The restriction is not uniformly enforced,
then a court may refuse to enforce it against you.
This is sometimes called “waiver”—basically, they’ve let the rule slide so much that enforcing it now is unfair.

3. “Unclean hands” / inequitable enforcement
Related to that is an equitable defense:
If the person suing (or the HOA backing them) is violating the same or similar rules,
Or is acting unfairly or inconsistently,
you can argue they come to court with “unclean hands.”

4. Architectural control / approval issues
If your HOA requires:
Building permits
Architectural approval
…but they:
Never require it from anyone else
Never enforce it
Never deny other similar structures
Then you may argue:
The restriction has been abandoned, or
You were treated arbitrarily or capriciously
Texas courts do not like HOAs enforcing rules in a random or unequal way.

5. Conflict of interest concern (important in your situation)
This part is worth digging into:
If the attorney suing you is the same attorney who represents the HOA, and
The HOA is effectively using a private individual to do what it won’t do itself
That can raise conflict-of-interest or abuse-of-process concerns, especially if:
HOA resources are being used indirectly
The lawsuit is acting as a workaround for HOA inaction
It’s not automatically illegal—but it’s something a defense attorney would absolutely explore.

6. Standing and actual harm
You mentioned:
The neighbor lives 2 miles away
Has no view impact
That matters.
Courts sometimes consider whether:
The plaintiff is actually affected or harmed, or
This is purely technical enforcement
While lack of harm alone doesn’t kill a case, it helps your position, especially combined with selective enforcement.

7. Possible defenses you may have
Based on what you said, you may be able to argue:
Selective enforcement
Waiver / abandonment of restrictions
Unclean hands
Arbitrary enforcement
Lack of actual damages or harm
Possibly estoppel (if they let others build similar structures without issue)

8. What they’re trying to get from you
Typically, these lawsuits aim for:
Injunction (force you to modify or remove the structure)
Possibly attorney’s fees (this is the big risk in Texas HOA cases)
Texas law often allows the winning party in a deed restriction case to recover attorney’s fees.

9. Reality check
Here’s the blunt truth:
Even if they’ve been inconsistent, courts sometimes still enforce restrictions
BUT if you have solid evidence of widespread violations, your chances improve significantly
This kind of case often turns on: 👉 How many similar violations exist 👉 How long they’ve been ignored 👉 Whether enforcement is clearly uneven

10. What you should do next (practical steps)
Start building evidence immediately:
Photos of other two-story structures or similar violations
Proof that others didn’t get permits/approval
HOA records (or lack of enforcement letters)
Meeting minutes if available
Also:
Check your CC&Rs carefully (who can enforce architectural rules, etc.)
Find out if your county requires permits regardless of HOA rules

11. You need a Texas real estate / HOA attorney
This is not a DIY situation if you’ve been sued.
You want someone experienced in:
Texas property law
HOA litigation
Injunction defense
They can:
Raise the defenses properly
Possibly file a counterclaim
Push on the conflict-of-interest angle
Bottom line
Yes, a neighbor can sue you—even if the HOA doesn’t enforce rules
BUT your situation has real defenses, especially if enforcement has been inconsistent
The HOA using a private person to enforce rules while ignoring others could work against them

04/30/2026

HOA an attorney conflicts.

Texas law on conflicts of interest.
Conflict of Interest Statement (Texas Law – HOA Attorney Issue)
Statement of Concern:
The attorney representing an individual homeowner in this matter has an existing or prior attorney-client relationship with the Homeowners Association (HOA). This creates a conflict of interest under Texas law because the attorney’s duties to the HOA are materially adverse to representing a private homeowner in a dispute involving HOA enforcement.
Applicable Texas Law
1. Texas Disciplinary Rule 1.06 – Conflict of Interest (General Rule)
Under Texas law:
A lawyer “shall not represent opposing parties to the same litigation.” �
ruledex.com
A lawyer also cannot represent a client if the representation is materially adverse to another client or limited by duties to another client. �
ruledex.com
Additionally, a conflict exists where representation:
Is “substantially related” to another matter, and
The interests are “materially and directly adverse.” �
tlie.org
2. Duty of Loyalty to the Client (HOA)
Texas ethics rules emphasize:
“Loyalty is an essential element in the lawyer’s relationship to a client.” �
Texas Courts
If a conflict arises, the attorney must:
Decline representation, or
Withdraw to eliminate the conflict �
Texas Courts
3. Representation Adverse to a Current or Former Client
If the attorney represents (or has represented) the HOA:
They cannot represent another party against the HOA or in a substantially related matter without informed consent
This includes situations where:
The dispute involves HOA rules, enforcement, or architectural control
The attorney may rely on knowledge gained from representing the HOA
(See Texas Rule 1.06 and Rule 1.09) �
Texas Courts +1
4. Imputed Conflict to the Entire Law Firm
Texas law also provides:
If one lawyer in a firm has a conflict, the entire firm is disqualified �
tlie.org
Application to This Situation
In this case:
The attorney represents the HOA (or has represented it)
The attorney is now representing an individual homeowner
The dispute involves:
HOA architectural enforcement
HOA rules and compliance
This creates a situation where:
The attorney’s duty to the HOA conflicts with advocating for an individual homeowner
The interests are materially adverse and substantially related
The attorney may possess confidential HOA information relevant to enforcement
Conclusion
Under Texas Disciplinary Rules of Professional Conduct:
This situation constitutes a likely conflict of interest
The attorney should not represent the individual homeowner unless:
The HOA gives informed written consent, and
The attorney reasonably believes representation will not be adversely affected
Without that, the attorney may be in violation of:
Rule 1.06 (Conflict of Interest – Current Clients)
Rule 1.09 (Former Client Conflicts)
Requested Action (Optional Section)
You can include this if you're filing or sending it:
Request disqualification of the attorney
Request disclosure of:
Any conflict waivers
Any HOA consent
Reserve the right to file a complaint with the State Bar of Texas.

04/30/2026

Here’s how it works under Texas law:

1. Your Right to Inspect HOA Records
Under Texas Property Code §209.0051:
Homeowners have the right to inspect and copy the HOA’s financial records.
This includes:

Budgets
Income/expenses
Bank statements
Check registers
Contracts and invoices paid by the HOA

The HOA cannot hide records from a homeowner who makes a proper request.
This is often called a “financial audit by a homeowner,” even if you’re just reviewing the books yourself.

2. Fees They Can Charge
Texas law says:
The HOA can charge a reasonable fee to cover the actual cost of copying records.
This usually includes:
Photocopies or printing costs (often 10¢–25¢ per page)

Staff time to prepare the documents (sometimes a flat hourly rate)

The HOA cannot charge for simply letting you look at the records in person.
If you go to the HOA office and just review the books, there should be no cost.

Example:
You request a copy of 100 pages of invoices → HOA may charge $15–$25 for printing.

You review the records at their office in person → $0.

3. Limits on Fees
“Reasonable” is the key word — they cannot overcharge or use fees to prevent inspection.
If the HOA tries to charge hundreds or thousands just to see the books, that can be challenged legally.

4. Process
Make a written request to the HOA asking to review or copy records.
The HOA must provide access within 10 business days (common practice, some bylaws may specify 7–30 days).

If they deny access or overcharge, you can file a complaint under Texas Property Code §209.010.

⚠️ Key Takeaways
Reviewing the books in person should cost nothing.
Copying the records can cost a small, reasonable fee for printing or staff time.
Texas law protects homeowners from being blocked or overcharged.

01/07/2026

Texas passed laws preventing cities or homeowners’ associations from outright banning six or fewer chickens on residential lots, while still allowing reasonable regulations (like coop placement or rooster bans). �

12/06/2025

Time to audit our HOA.

Step One: Identify the Unfair Practices
The first step is to identify the unfair issue or treatment. Unfair treatment by an HOA can take many forms, including:

Selective enforcement of rules – If your neighbor is allowed to park a boat in their driveway but you receive a fine for it, your HOA may be enforcing rules unfairly.
Excessive fines and fees – HOAs can impose fines, but they must provide written notice and follow legal procedures.
Denying property modifications unfairly – If your HOA rejects your request for a fence or home improvement while allowing others to make similar changes, this could be an issue.
Failing to maintain common areas – Your HOA collects dues to maintain shared spaces. If they neglect this duty, they may be mismanaging funds.
Lack of transparency – Texas law requires HOAs to provide financial reports, meeting minutes, and other important records to homeowners upon request. If they refuse, they may be violating the law.
After pinpointing the issue, start collecting proof to back up your case. Save any letters or emails from the HOA, take photos if needed, and keep a copy of the community rules.

Step 2: Review Your HOA’s Governing Documents
When dealing with a dispute, start by reviewing your HOA’s rules and regulations. Look closely at the CC&Rs and bylaws to make sure the HOA is following the proper procedures.

For example, if you received a fine, check whether the HOA followed the proper steps. If they denied your request for a home modification, look for a clear reason in the CC&Rs. If the HOA isn’t following its own guidelines, you have a solid case to push back.

Step 3: Communicate with Your HOA in Writing
The next step is to address the issue with your HOA formally. Instead of confronting board members in person or over the phone, send a written complaint via email or certified mail.

Your letter should include:

A clear explanation of the issue
References to the HOA’s governing documents or Texas law
A request for a resolution
A deadline for a response
Putting everything in writing ensures you have a paper trail in case further action is needed.

Step 4: Attend an HOA Meeting and Raise Your Concerns
Texas law requires HOAs to hold open board meetings where homeowners can voice their concerns. If your written complaint is ignored, attend a meeting and speak during the homeowner comment period.

Come prepared with facts, copies of HOA documents, and a clear explanation of the issue. If other homeowners are facing similar problems, encourage them to attend and speak up as well.

If the board dismisses your concerns, request that your complaint be added to the meeting minutes as an official record.

Step 5: Request HOA Records
Under Texas law, HOAs must provide certain records upon request, including:

Financial statements
Meeting minutes
Vendor contracts
Lists of violations and fines
If you suspect your HOA is misusing funds, acting unfairly, or failing to enforce rules properly, you can submit a written request for records. If they refuse, they may be violating Texas transparency laws.

Step 6: File a Complaint with Texas Authorities
If your HOA continues to act unfairly, you can escalate the issue by filing a complaint with the Texas Attorney General’s Office or your local county or city government.

Filing a complaint won’t always result in immediate action, but it puts pressure on the HOA and creates a record of misconduct.

Contact Amarillo Real Estate Lawyer
If all else fails, consulting a real estate attorney in Amarillo may be the best course of action. Your lawyer can:

Send a formal demand letter to the HOA
Negotiate on your behalf
File a lawsuit if necessary
Texas courts have ruled against HOAs in cases of unfair fines, selective enforcement, and financial mismanagement. If your rights are being violated, legal action may be your best option.

Contact Our Amarillo Real Estate Attorneys
If you’re struggling with a difficult HOA and need legal guidance, consider speaking with a Texas real estate attorney. An experienced real estate law firm can help you navigate your rights and take the right steps to protect your home and investment.

You don’t have to face this alone—know your rights, take action, and push back against unfair HOA practices. Call Lawyers today at 806-372-5050 Richard Biggs.

09/18/2025

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Refer a friend and enjoy a bonus when your friend applies through your Card referral offer link and is approved. Start today!

08/09/2025

Texas law prohibits merchants from adding a surcharge to debit or credit card payments.

It is illegal in Texas for a business to put an extra surcharge on a debit card transaction, although the legal landscape is complicated by a federal court ruling that made Texas's anti-surcharge law unconstitutional. However, federal regulations from the Durbin Amendment of the Dodd-Frank Act still prohibit surcharges on debit cards, even if run as credit.

You can report violations to the Texas Office of Consumer Credit Commissioner (OCCC) and provide a photograph of a sign or a receipt as evidence.

Federal & State Regulations

Federal Prohibition:
The Durbin Amendment of the Dodd-Frank Act prohibits merchants from adding a surcharge to debit card transactions, regardless of how they are processed.

Texas Law:
Texas law prohibits merchants from adding a surcharge to debit or credit card payments.

What You Can Do
If you find a business is surcharging debit card transactions, you can take the following steps:
Take a photo of any signage indicating the surcharge.
Use your receipt as evidence.
File a complaint with the Texas Office of Consumer Credit Commissioner. The OCCC can then use its legal and investigative staff to address the violation.

08/05/2025

I do believe that $200 assessment is now void and uncollectible.

In Texas, an HOA cannot legally use money from a special assessment for a purpose different from the one it was levied for, as this violates state law and the association's governing documents. Special assessments are for specific, unanticipated expenses like emergency repairs, major renovations, or replenishing depleted reserve funds, not routine maintenance or unrelated projects. If an HOA misuses these funds, homeowners can legally dispute the assessment and its misuse, potentially leading to a refund or other remedies.

Common Charges:

Grand Theft: Often involves large sums of stolen money.

Embezzlement: Misappropriating funds entrusted to an individual, that uses it or personal gane or in a fraudulent manner.

Fraud: Deception for personal gain, which can include various forms like submitting fake invoices, rigging elections, for using special assessments for something other than that that were collected for.

Money Laundering: Concealing the origins of illegally obtained money.

Wire Fraud: Involves using electronic communications to defraud others.

Racketeering: Engaging in a pattern of illegal activities to obtain money or property.

08/02/2025

07/20/2025

Escalate to Legal or Law Enforcement Authorities

Report your concerns to local law enforcement or the appropriate government agency. In Texas, homeowners can report suspected HOA fraud to the police or the Texas Attorney General's Office for further investigation. To report a potentially illegal HOA in Texas, you can submit consumer complaints to the Texas Attorney General's Office. While a direct phone number for reporting HOA issues to the Attorney General is not explicitly provided in the search results, the general process involves submitting a consumer complaint.