Texas Court of Appeals (El Paso): An Association and its property manager were held jointly liable
Texas Court of Appeals (El Paso): An Association and its property manager were held jointly liable for failure to implement repairs recommended in a reserve study, even though the members of the Association voted down an attempted special assessment to fund the necessary repairs.
Protecting the HOA in Spite of Itself: Shareholder Derivative Actions
Unfortunately, construction defects are far from uncommon in townhome, condominium, and other common interest communities. When faced with defects, the typical response of an HOA Board of Directors is to retain legal counsel and pursue the developer, contractor(s), and/or design professionals, ultimately putting the financial burden of the needed repairs on those who caused the construction defects in the first place. What happens though when an HOA Board of Directors is unwilling to take legal action?
Dozens Of Homeowners Sue D.R. Horton Over Building Defects
A CBS4 Investigation found more than a dozen townhouse communities built in Colorado by D.R. Horton have sued over building defects.