Community Association Law

Community Association Law

Sears, Bennett & Gerdes, LLP, represents a large number of community associations of all types, including: Single-family residential subdivisions, townhomes, Condominiums, Commercial associations, and master-planned communities. Unlike many firms, our attorneys are always available for the immediate needs of your association. Furthermore, our firms strives to keep our clients up to date and in compliance with all development and changes in community association law. Our experienced attorneys serve governing boards in communities throughout Texas, and can assist your community in all aspects of governance and enforcement. Our attorneys have over 20 years of experience in community association law. Terry H. Sears has been practicing community association law for over 22 years and brings a vast amount of experience, knowledge and wisdom when representing clients.
Community Association Governance:
- Represent single-family, townhome, condominium, residential, commercial, and master planned communities.
- Corporate governance
- Subdivision and Association Development (formations of property owners associations, drafting Declarations, Bylaws, Resolutions, and Rules).
- Updating and revising Restrictions, Rules, Policies, Bylaws, and Architectural Control Guidelines.
- Contract review
- Issuance of Legal Opinions as to community association obligations and enforcement of Restrictions.
- Assistance with Board and Member Meetings.
- Deed Restriction Enforcement
- Collections (Judicial, Non-Judicial Foreclosure and Expedited Orders)
- Evaluation of compliance with current laws.
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.

Condominium Associations:
We represent condominium associations in a wide range of governance and enforcement issues, collections, adoption of updated and revised Rules that address ongoing nuisances and annoyances, and ensuring legal compliance.

Collections and Foreclosure: Our attorneys assist community associations of all types to collect past-due assessments or maintenance fees, utility fees, and related charges. We also provide legal guidance to Boards concerning levy of late charges, finance charges, fines, and interest, ensuring that your association is in compliance with the law. When needed, our firm will pursue judicial or non-judicial foreclosure in compliance with the association’s governing documents and Texas Law.

Limiting expenses: Our firm provides cost-effective results for community associations when collecting maintenance assessments and enforcing the deed restrictions. Our attorneys will meet with your Board to discuss available fee schedules which are solely based upon your association’s needs, governing documents, the law, and the best avenues to keep legal cost low while efficiently collecting delinquent maintenance fees.

Deed Restriction Enforcement: Many community associations implement policies regarding property use, maintenance, appearance, and proper conduct. Our firm can effectively counsel your Board and management in drafting and enforcing deed restrictions, rules, and resolutions to meet your association’s needs. When an owner or member fails to comply, we efficiently guide the Board in following established legal processes to enforce the Rules and Restrictions.

General Association governing: 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.

Client references:
3525 Sage
Bayou Lofts
Bellaire West
Canyon Gate at Northpointe
Corinthian Point Yacht and Racquet Club
Lakes of Fairhaven
Lake Olympia
Lakes on Eldridge
Lake Point Estates
Newpoint Estates
Park Village Estates
Renaissance at River Oaks
Saddlebrook Village
The Memorial Drive Townhomes
Tremont Towers
Village of Emerald Bay
Village of Reflection Bay
Wildwood Shores

Our lawyers take their obligations very seriously. Whether you are looking for representation for a subdivision, townhome development, mid-rise or high-rise, we are familiar with the legal issues your organization faces. Since 1993, we have advised governing Boards in Houston, Tomball, The Woodlands, Pearland, Sugar Land, Missouri City, and the surrounding communities with the goal of meeting their organization objectives efficiently while limiting their exposure to lawsuits. 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.