Sears Bennett & Gerdes, LLP is an experienced Texas law firm that focuses on representing community associations including, Condominiums, Townhouses, Single-Family Subdivisions, Commercial, and Master-planned Communities. Our firm is here to assist you in making and defending important decisions according to the law and governing documents. We provide quality representation to property owners associations in a variety of areas including general governance issues, legal interpretation, collections, deed restriction enforcement and liability associated issues.
Our attorneys provide the utmost quality of legal representation to our clients. We have long understood that governing Boards need legal representation that is committed to helping them make sound decisions which withstand legal scrutiny, while enforcing policies that preserve the integrity and communities they serve. We strive to meet and exceed the expectations of our clients in all aspects of representation while focusing on what is in the best interest of the community.
Looking out for your interests, not ours.
We are confident that our experienced team will provide outstanding service to your needs. Our team is always available for the immediate needs of your association. Furthermore, our firm strives to keep our clients up to date and in compliance with all development and changes in community association law.
If your Community Association has legal needs, do not hesitate to contact our law firm at (713) 782-1788 or submit a request for proposal.
Practice Areas
+ Community Association Law
We provide counsel to the Board of Directors or other decision-making bodies on all legal matters relating to the creation and operation of the community association including, but not limited to, drafting, revising, and updating Certificates of Formation, Bylaws, Declarations, Rules, Policies, Architectural Guidelines, Board Resolutions, running meetings and elections, and dealing with homeowner disputes – either through negotiations or through the Court process. Our attorneys counsel many Boards on day-to-day matters of association governing including noticing special and annual meetings, running meetings, election of directors, removal of directors, collection of assessments, deed restriction issues and compliance with the law. When needed, an attorney is available to attend your meetings to assist the Board with administration, handling homeowner questions and ensure legal compliance. We strive to help our clients save money and time through productive negotiations. Nevertheless, when aggressive litigation is required, we are experienced and prepared to prosecute or defend the association in the courtroom.
- Community Association Governance
- Collections
- Deed Restriction Enforcement
- Bankruptcy
- Assistance with Board and Member Meetings
- Evaluation of compliance with current laws
- Limiting legal expenses
+ Business Law
The process of forming a new business is exciting, but it is a serious task that could significantly affect your financial interests. Proper business entity selection is an essential component of commercial success. The type of entity you choose may affect your personal liability, tax obligations and corporate responsibilities.We are ready to put our experience to work for you. Our attorneys assist clients with a wide range of business start-ups. In addition, we are here to assist businesses of all types with contract review, corporate legal counsel, employee disputes, creditor and debtor issues, dispute resolution, negotiation, andd a wide range of business start-ups, including:
- LLC'S - Limited Liability Companies
- Series LLCs
- LLP’s – Limited Liability Partnerships
- Corporations
- General partnerships
- S-Corporations
+ Real Estate Law
We assist individuals, landlords, investors and associations in the acquisition, disposition, management, leasing and operation of residential subdivisions, condominiums, townhouses, apartments, land and other types of real estate. Our experienced attorneys can also provide guidance in the execution of various types of residential and commercial real estate transactions including the negotiation of contracts; preparing, negotiating and securing financing; conducting title research; workouts and loan purchases; foreclosures; and facilitating closings.
- Closings
- Deed transfers
- Residential real estate transactions
- Commercial real estate transactions
- Contract negotiation and review
- Landlord-tenant disputes and evictions
- Acquisition of all types of real estate (improved and unimproved)
- Development (land and improved properties)
- Builder/Home-builder representation
- Easements and Restrictive Covenants
- Partnership/corporate formation for asset protection
- Financing of transactions/loan negotiations/workouts
- Leasing (retail, office, industrial)
- Title research/matters
- Public-private partnership agreements
+ Estate Planning Law
We provide comprehensive estate planning services to help our clients achieve their personalized goals. Through the use of wills and trusts, powers of attorney, healthcare directives and other estate planning documents, we help clients plan for the future and provide a measure of security for their loved ones. In careful estate planning, we help clients pursue important objectives, including:
- Minimize costs associated with probate court or probate avoidance
- Plan for estate taxes in order to reduce impact on the property/assets
- Asset preservation
- Distribution of assets to intended beneficiaries
- Preventing unnecessary family conflicts
- Making your medical wishes clear
- Providing for the Guardian and Conservator for your minor children