Brooks v. Northglen Ass'n
Brooks v. Northglen Ass'n, 141 S.W.3d 158 (Tex. 2004)
- Court
- Supreme Court of Texas
- Decided
- 2004-06-25
- Docket
- 02-0492
- Cited by later opinions
- 374
What happened
Property owners challenged their HOA's attempt to raise and accumulate annual assessments and add late fees.
What the court decided
The Texas Supreme Court held the HOA could not increase assessments beyond the cap in the deed restrictions, nor accumulate unassessed increases, because the restrictions controlled over the statute the HOA relied on.
In the court's words
“Northglen cannot increase assessments beyond the $120 limitation set forth in the deed restrictions”
Why it may matter to you
Ask your HOA for the exact deed-restriction language behind every charge. Charges the documents do not allow can be challenged.
Why it might not apply
Every subdivision's restrictions are different, and HOA law has changed since 2004 (Property Code chapter 209).
Most useful when
- Your HOA raised dues or added fees you think the deed restrictions do not allow
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Brooks v. Northglen Ass'n, 141 S.W.3d 158 (Tex. 2004)Short formBrooks, 141 S.W.3d 158Draft — check it with free legal aid before you file or say it in court.
In Brooks v. Northglen Ass'n, 141 S.W.3d 158 (Tex. 2004), the court held that an HOA cannot raise assessments above the limit in its deed restrictions or accumulate unassessed increases when the restrictions control. Here, [say in one sentence what happened in your case]
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