Texas Deed Restriction Enforcement Firm Since 1997
Covenant violations are a threat to your community’s property values. They undermine the standards your association diligently works to maintain.
At Daughtry & Farine, P.C., we provide trusted legal counsel to HOA boards and management companies throughout Houston and nearby counties. We seek compliance while keeping community harmony intact and protecting your investment.
Why Deed Restriction Enforcement Matters
Unenforced violations can weaken your authority. They lower property values across your entire community. Your HOA board must protect member homeowners by maintaining consistent standards. When violations run rampant, compliant residents may lose faith in your leadership. Strategic enforcement shows your commitment to the community’s governing documents.
Our Strategic Enforcement Process
At Daughtry & Farine, P.C., we follow a clear approach to achieve compliance while reducing conflict and legal costs. Our process balances firm action with practical solutions. We begin by evaluating your Governing Documents and analyzing the specific violation, including the violation’s severity and impact on the community. With this information, we determine the most effective approach to enforcement.
Some property owners may refuse to comply. In these cases, we escalate our Houston area deed restriction enforcements through formal legal channels, which may include lawsuits for injunctive relief, Temporary Restraining Orders, or Contempt of Court Orders.
We provide clear status reports throughout the enforcement process. Your board and management company stay up to date at every stage.
Common Violations We Handle
Our attorneys help associations with covenant breaches that threaten community standards and property values. We help boards enforce deed restrictions for both residential and commercial properties. For residential associations, we address common violations including, but not limited to:
- Exterior maintenance failures
- Unapproved paint colors or unauthorized exterior changes
- Unauthorized structural changes including sheds, patios and additions
- Fence violations that breach height, material or placement rules
- Storage of prohibited vehicles such as commercial trucks or RVs
- Nuisance conduct that disrupts neighborhood peace
Commercial associations face unique challenges, such as:
- Unauthorized signage or exterior modifications
- Unapproved tenant changes affecting common areas
- Non-compliant property maintenance threatening the building’s professional image
Each violation requires a tailored approach. We base our strategy on your DCCRs, the severity of the breach and your community’s enforcement history.
At Daughtry & Farine, P.C., we bring valuable county-specific court knowledge. Our familiarity with judges in Harris, Fort Bend, Montgomery, Galveston, Brazoria and Chambers counties allows us to forge strategies that suit local court preferences. This insight can mean the difference between successful enforcement and costly delays.
We are your neighborhood law firm. This means we combine wise and trusted legal counsel with genuine understanding of Houston communities. When you need a lawyer to enforce deed restrictions, you deserve attorneys who know your county’s courts and your community’s needs.
Frequently Asked Questions
It is natural to have questions or concerns about deed restrictions in Texas and our experienced legal team is here to help. Below, we offer our answers to some of the most common questions we receive from HOA boards.
Can we enforce restrictions against a new owner who says they “did not know” about them?
Yes. Even if a homeowner claims they did not know about the rules, the property’s title is on record with the county, and that title should include a copy of the Covenants, Conditions and Restrictions (CC&Rs). These are matters of public record and the homeowner should already know about them.
Moreover, the same documentation is presented to the homeowner at closing. Even if they have forgotten a rule or did not read the documentation closely, they have already signed an agreement stating that they will abide by those restrictions.
Can a homeowner claim the restriction is “unenforceable” because it is vague or outdated?
Disputes can sometimes arise when restrictions are vague or could be interpreted differently by the involved parties. A homeowner may genuinely have thought they were compliant when they were not. It is crucial to make sure all documentation is clear and understood from the very beginning.
These restrictions do not generally become outdated unless there is a predetermined expiration date. In some cases, changes to local laws may mean that a restriction is in violation of that ordinance. The key is to focus on equal enforcement, as a homeowner may argue that they should not be bound by the restriction if the same rules are not being enforced for other members of the community.
If we win, how do we enforce the judgment or court order if the homeowner still refuses to comply?
If there is a court order telling the homeowner to comply with the restriction and they refuse to do so, they could be held in contempt of court. Financial fines can be applied, and it may be possible to place a lien on the property. This gives an HOA the option to move toward foreclosure because the home is an asset that the noncompliant homeowner owns, which can then be sold to satisfy the debt.
In most cases, just the threat of pursuing a legal solution will encourage homeowners to comply, but there are still measures that can be taken if they continue to refuse. We can help you choose wise next steps if you face challenges enforcing a judgment or court order.
Protect Your Community’s Standards Today
Your association’s governing documents preserve property values and maintain the quality of life your residents expect. We stand ready to help your board enforce deed restrictions strategically and effectively. Give us a call today at 281-800-9136 to discuss how we can protect your community’s standards. You can also send an email.
