a View from the property line: Real Estate & Property Law

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Real Estate & Property Law

a View from the property line

About Texas Community Association law including helpful articles and insights on managing community associations and navigating the provisions of the Texas Property Code and other governing laws.
By William G. Gammon

Post Frequency: 0.1/day

Last Entry: November 16, 2009 at 19:53:00

Crime-proofing Your Community's Landscaping

Posted on September 21, 2006
Crime-proofing your Community's landscaping doesn't have to mean expensive overhauls to existing foliage or the uprooting of trees and hedges; rather, crime-proofing simply means that you take steps to eliminate those hiding places that criminal elements may use to their benefit when attempting to commit a crime within your community...

Lifeguard Liability 101

Posted on August 21, 2006
If your Community Association does not use a third-party Pool Management company but instead hires its own lifeguards, be careful for liability pitfalls that can put your summer swim season (and the community's legal status) in financial jeopardy. When hiring lifeguards, the Association needs to ensure that it hires only those qualified individuals that possess a certain minimum level of skills and certifications necessary to provide competent supervision at the Association's pool facilities...

Don't Serve a "Liability Cocktail" at Your Next Association Social Activity

Posted on August 02, 2006
Pool parties, cookouts, and holiday gatherings are all a part of the summer landscape for most community associations. These events often bring the membership together and serve a beneficial purpose: to foster and reinforce the power of community. However, if alcohol is served at any of these community functions, it can be a recipe for liability if proper precautions aren't taken first...

Group Re-Lamping: A "Lights Out" Way for Your Association to Save on Maintenance Costs

Posted on July 14, 2006
Group Re-Lamping refers to the practice of replacing all the bulbs or "lamps" in the Community's common areas on a scheduled basis. Since most light bulbs have a reasonably accurate life expectancy, it should be fairly easy for the Association's Maintenance Superintendent to create a replacement schedule based on this benchmark...

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Is Your Association Wilting from High Utility Bills? then AUDIT them!

Posted on June 23, 2006
It's mid-June in Houston and the thermometers here already have heatstroke (just wait until August!) But enough waxing poetic about our weather woes here in the Bayou City, what I wanted to shed some light on during these overheated times is this: a Community Association needs to be wary of overcharging on their utility bills especially during times of high usage (like the summer months)...

Here Comes the Sun... Remember Sports Court Rules to Avoid Summer (legal) Heat

Posted on May 22, 2006
Summer is fast approaching, so I thought it pertinent to discuss some rules regarding sports court usage and management.Most Communities have a common area with some type of sports court -- whether it be for tennis, basketball, volleyball, or something else -- that prove to be a source of value and recreation for its membership...

How Can the Association Force You To Comply With Your Community's Rules?

Posted on April 13, 2006
It's simple. You GAVE the Association that right when you signed the contract for deed on your humble abode. Under Texas statutory law, as well as the Declarations on file for a community, Homeowner Associations typically have the right to restrict use of lands that fall under their scrutiny and assess penalties and other curative measures to ensure that deed restrictions are enforced...

To Warn or Not To Warn...

Posted on March 20, 2006
That is the question that should be haunting board members as more publicity is aimed at the identity and locale of registered sex offenders that may reside in your own community.Does an Association have the duty to notify its residents that a sex offender lives among them? Current caselaw says no, but, this fact doesn't completely render the Association immune from liability...

A 'March Madness' of a Different Kind

Posted on March 13, 2006
Ok, so I'm not talking about the upcoming basketball tournament, but rather, a "madness" (tongue-firmly-in-cheek) of a different sort -- that time honored tradition of volunteering for your homeowners association. Why do I mention this now? Well, since many Associations will be holding their annual meetings in the coming months, we need to be reminded why people volunteer in the first place, and to use those motivations to the Community's advantage so that participation levels in much-needed neighborhood projects maintain sustainable levels...

Dust off the Cobwebs on your Community's Security Policies

Posted on February 22, 2006
It's been awhile since I've posted, so I figured it would be germane to share with you some information gathered while on was on hiatus from my online alter ego, specifically, regarding security issues and potential liability that your Association may encounter...

A Simple Rule to Guide Your Board of Directors

Posted on January 20, 2006
The Board of Directors for any Community Association really has a singular duty to its members: make (the right) decisions on behalf of the community. Of course, that's just stating the obvious really. What standard or guideline can the Board utilize as a template for what to do when taking action on Community issues? It's called the business judgment rule...

Another New Year, Another Assessment

Posted on January 04, 2006
As the New Year tolls and the memories of the holiday season slowly fade into our collective rearview mirrors, Community Associations must focus on assessment collections -- the lifeblood of subdivisions -- that substance which allows the Association to maintain operations for the remainder of the year...

A Stocking Stuffer that Delivers Piece of Mind

Posted on December 14, 2005
So I was perusing the latest Law Technology News and tickling my inner-IT geek fancy when I came across an article regarding micro-sized data storage devices -- these little pack-of-chewing-gum-sized hard drives can be downright lifesavers if you are ever faced with a desktop or laptop crash and there's no tech support available to deliver you from the clutches of mass hysteria and several days' or weeks' worth of data recovery...

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