Sears and Bennett LLP

Foreclosure Options for HOA and Condo Fee Collection

Terry Sears — Tue, 08 Dec 2009 14:07:40 +0000

* Non-judicial foreclosure: Handled at the courthouse steps on the first Tuesday of every month. Once the foreclosure is approved, your lawyer acts as a trustee, selling the property at an auction to the highest bidder, who takes the property as-is with no representations or warranties, subject to superior liens, if any.

* Judicial foreclosure: This process involves filing a lawsuit in county or district court. A trial is scheduled approximately 18 months out. A writ of execution and order of sale is ultimately granted, and is executed by a constable.

Deed Restriction Enforcement and Collections

Terry Sears — Tue, 08 Dec 2009 13:55:29 +0000

At the Law Offices of Sears and Bennett LLP, we have extensive knowledge on the contractual relationship between homeowners and associations. Our law firm provides comprehensive help to condominium and homeowners’ associations (HOAs) in the areas of deed restriction enforcement, corporate governance, collections and foreclosures.

We represent HOAs and condo associations in deed enforcement and collections, such as:

* exterior maintenance guidelines
* use restrictions
* collection of past-due assessments
* judicial and non-judicial foreclosure for nonpayment

Condo Association and HOA Deed Restriction Enforcement
Condo associations and homeowners’ associations routinely encounter the need to enforce deed restrictions regarding exterior maintenance and use. Lawyers Terry Sears and Mandi Krasney represent condo and homeowners’ association boards that require legal assistance in enforcing these restrictions.

The process is this. When a homeowner fails to comply with a deed restriction—for instance, by making unapproved alterations to a home’s appearance or using the property to run a business—we will typically begin the enforcement process by sending a letter of request on your behalf. The homeowner will have, generally, 3-45 days to comply with the restrictions.

If the homeowner does not rectify the violation within the specified time frame, we will send a final demand letter. Should the homeowner continue to violate the restriction, we can file a petition with the court, which is essentially a breach of contract lawsuit.

Our goal is your goal: to get the homeowner to correct the violation. If necessary, we may recommend using monetary civil damages as a bargaining tool. Contact us to learn how we can help you.

Collections and Foreclosures for HOAs and Condo Associations
Collecting past-due assessments for association or maintenance fees can be handled through non-judicial foreclosure or judicial foreclosure. Generally, we recommend non-judicial foreclosure because it is effective, takes much less time and is more in line with our clients’ goals. Judicial foreclosure can take up to two years. We handle both types of foreclosures.

To learn more and to arrange your consultation, contact our law firm today.

Association Governance

Terry Sears — Tue, 08 Dec 2009 13:36:44 +0000

At the Law Offices of Sears and Bennett LLP, we advise condominium and homeowners’ associations in various areas of corporate governance. We provide general legal counsel, help amend and revise restrictions and bylaws, review contracts, and handle contract disputes.

Attorney Terry Sears has been representing condominium associations and homeowners’ associations (HOA) since 1993. He has extensive knowledge on various governing systems and contractual relationships. To arrange a consultation, contact us at (713) 782-1788 or by Email

Advising Homeowners and Condo Associations

HOA and condo association boards regularly seek advice from our law firm regarding meeting procedures, voting requirements, deed restrictions and handling disputes with homeowners. Some common questions our firm helps with include the following:

* What counts as a quorum (the minimum number of members) at a special meeting? At an annual meeting?
* What do you do when there is no quorum at the annual meeting and you need to elect directors?
* How can we remove a director?
* How many votes does it take to amend the bylaws?
* How can we enforce a restriction?
* Can we exclude a homeowner from voting if he hasn’t paid his assessment?
* A homeowner is demanding to see the records. Do we have to turn over our financial records, the individual homeowner file and/or the attorney file? What is confidential and/or privileged?

Contract Review and Dispute Resolution

As part of our HOA and condo association services, we negotiate, draft and review contracts with vendors and other parties and resolve contract disputes. We strive to obtain cost-efficient and effective resolutions to such disputes.

If you are interested in arranging your consultation, please contact our law firm today.

Criminal Defense Strategy

Joel Bennett — Thu, 03 Dec 2009 04:56:52 +0000

To be a good criminal defense lawyer, you have to know how to perform in trial. You have to know how to evaluate a case, and find the strengths and weaknesses of every case. The only way to do this is through experience. I have handled and tried the most serious of cases, including capital murders all the way through Class C misdemeanors. Every fact must be analyzed and every element of the law must be evaluated.

Being a good trial lawyer is only part of becoming a good criminal defense lawyer. To become a complete criminal defense attorney, you have to handle and write appeals or the post-conviction process. By handling appeals, a criminal defense lawyer learns how to protect an individual’s right to a fair trial, both at the trial court and for appellate review. Every person is guaranteed a fair trial under the United States and Texas Constitutions. Unfortunately, not all trials are fair trials under the law. Only someone with my experience as both a trial lawyer and an appellate lawyer can ensure that the trial is as fair as possible. And if the trial is not fair, then properly preserve the errors by the prosecution and/or trial court for appellate review.

The most serious case is the one with which you are charged. No matter if it is a low grade misdemeanor or serious felony, your case is the most important case to you. I realize how devastating the mere accusation of criminal wrongdoing, any crime, can be to a person and his/her family. You need someone with my experience, knowledge, and dedication to stand by you and diligently work for the best result for you.