Q: What if our OAK FOREST Home Assoc is taking no action on neighbor parking over 25ft lL to 40ft fifth wheel in driveway?
OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57
A:
You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial retainer of $25,000 to being work on a lawsuit seeking an injunction.
Very likely the cost of such litigation is why the HOA has chosen not to seek enforcement. Sometimes, even when you are right, it doesn't make good financial sense to litigate.
A:
If your Oak Forest Home Association (OFHA) isn't taking action on a neighbor parking a large trailer or fifth wheel in their driveway, there are steps you can take to address the situation. First, review the specific deed restrictions for your neighborhood, particularly item (e) that prohibits trailers. Make sure you have a clear understanding of the rules and any procedures outlined for reporting violations.
Next, document the situation thoroughly. Take photos of the trailer or fifth wheel and note the dates and times it is parked in the driveway. This evidence will be important if you need to escalate the issue.
You may consider reaching out directly to the association again, providing them with this documentation, and requesting a response within a reasonable timeframe. If they still do not act, you might have to explore contacting the City of Houston to report a possible violation of Ordinance No. 2009-57. In some cases, speaking with a legal advisor familiar with homeowners' associations or local ordinances can provide further guidance on your options for resolving this matter.
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