Inwood North Homeowners' Ass'n v. Harris
Inwood N. Homeowners' Ass'n v. Harris, 736 S.W.2d 632 (Tex. 1987)
- Court
- Supreme Court of Texas
- Decided
- 1987-07-15
- Docket
- C-5283
- Cited by later opinions
- 212
What happened
Homeowners fell behind on neighborhood assessments. The HOA sued and asked to foreclose its lien on their homes; the homeowners said Texas homestead law protected them.
What the court decided
The Texas Supreme Court held that an HOA assessment lien created in the deed restrictions before the home became a homestead can be foreclosed, despite the homestead protection.
Why it may matter to you
HOA debts can put a Texas home at risk. Take HOA letters seriously and ask for a payment plan early.
Why it might not apply
Texas later added Property Code chapter 209, which gives homeowners notice, payment-plan and right-of-redemption protections before and after an HOA foreclosure. Those rules may help you.
Most useful when
- Your HOA is threatening to foreclose for unpaid dues
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.
Inwood N. Homeowners' Ass'n v. Harris, 736 S.W.2d 632 (Tex. 1987)Short formInwood North, 736 S.W.2d 632Draft — check it with free legal aid before you file or say it in court.
In Inwood N. Homeowners' Ass'n v. Harris, 736 S.W.2d 632 (Tex. 1987), the court held that an HOA assessment lien created by recorded deed restrictions before the property became a homestead may be foreclosed despite the homestead protection. Here, [say in one sentence what happened in your case]
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