An accident in the common area of a neighborhood could leave a Homeowners’ Association (HOA) or its insurance company on the hook for any resulting damages. Although an HOA may be able to escape liability altogether, in many instances they simply can’t. But the...
Results Oriented, Board Certified Attorneys
Year: 2021
Progressive discipline as an employment law defense tactic
Allegations of discrimination, harassment, and wrongful termination can wreak havoc on your business. While such accusations can lead to costly legal action that may result in a large judgment, they can also cause extensive harm to your business’s reputation. That’s...
What notice is required for a POA to enforce a deed restriction?
Just as every homeowner in an association must comply with restrictions placed upon them by virtue of being a part of the association, so too must a property owners’ association (POA) enforce them. Failure to do so, in a timely and correct fashion, could mean that the...
Employer takeaways from Activision Blizzard discrimination case
For large and small companies alike, the recent swirl of litigation surrounding Activision and Blizzard has likely been of keen interest. After all, they have been sued and under subpoena by multiple state and federal agencies, mass negative internal and external...
Homeowners’ Association sued over drowning death of autistic child
Most upper income condominiums have swimming pools. Use of the pools is, of course, limited to the occupants of the condominiums. In most cases, the homeowners association erects a fence or some other barrier to keep non-members from using the pool. Unfortunately,...
New laws assert rights for property owners
The 87th Texas legislature has passed new laws regarding HOA practices and rules that will modify several chapters of the Texas Property Code. These changes to HOA law may require associations to adopt or amend new policies in their CC&R’s, and future legal...
The importance of a noncompete agreement
A noncompete agreement is a contract between employer and employee that disallows the employee from entering into competition with the company during or after employment. The underlying purpose of such a contract is to ensure confidentiality and prevent the unfair...
Defending employers against workplace legal claims
There are dozens of ways an employer-employee relationship can go wrong. Although most employers do everything they can to foster a good working relationship with employees, sometimes employers probably think that some type of litigation is inevitable in certain...
What are the procedures for collecting delinquent fees?
Planned communities all over Texas have obligations that involve maintenance, repair and other operations that require that property owners pay their assessments and fees in a timely manner. When owners refuse or are unable to pay over a period of time, the...
Texas increases protection for workers charging harassment
Texas recently passed two new laws that will provide more protection for employees asserting sexual harassment claims under the state’s labor code. These employment law measures take effect on Sept. 1 and will make significant changes by increasing the statute of...