HOA threatens to sue Texas resident over oil stains allegedly left by its own landscapers
A Texas homeowner is pushing back after a neighborhood association allegedly demanded payment for a driveway the resident says was ruined by the HOA’s own landscapers.The owner, who posts on Reddit as HOUSEofBEAST84, said the Preston Oaks HOA in Austin mailed a notice seeking repair costs and warned of a legal fight if the work isn’t done.“They park their mowers and they leak oil everywhere,” the homeowner wrote.“Asking them to stop made it worse and they left trash everywhere.”The post did not say how much money the association wants or include a copy of the notice.
The resident said the mess has been documented and that fed-up neighbors have launched a petition against the board.When the matter came up at a recent board meeting, the homeowner said, leaders promised only to circle back.The complaint, posted to a forum devoted to HOA grievances, drew dozens of replies within days.Most urged the owner to take the association to court, and one commenter claimed to have sued an HOA in small claims over a water main its landscaper broke.“Sue the HOA, which is a legal entity,” another wrote.
“It’s on them, or their insurance, to recoup from the landscapers.”Another commenter skipped the legal talk entirely and recommended an enzyme powder that dissolves oil stains over several weeks.State law gives owners some cover.In subdivisions governed by Chapter 209 of the Texas Property Code, an association must send written notice by certified mail before it can bill an owner for property damage.
The notice has to describe the damage and state the amount owed, and the owner has 30 days from the mailing to request a hearing before the board.Those rules do not settle who caused the damage, but they give an owner a formal chance to contest a charge before it sticks.Owners who would rather go on offense can turn to a Texas justice court, where small claims cases are capped at $20,000 and hiring a lawyer is optional.Disputes like this one touch a huge slice of...