 Dear George: I returned from a vacation to find a letter, signed by a lawyer and on a law firm's letterhead, purporting to exercise my homeowners association's power of eminent domain over my driveway. The letter stated that I was prohibited from parking any vehicle in my driveway, that I committed a violation by parking a car with a flat tire in my driveway, and that if it became necessary to file suit against me the association would seek various legal remedies including a court-ordered injunction against me to cure the violation.
My car, which had been parked in my driveway while I was traveling, did have a flat tire, which I immediately fixed. Since then, I have been parking on the street a few blocks away and walking to my house. Is this attorney's letter based upon eminent domain? Can I legally challenge it? Should I ignore it and hope it blows over? Would a judge really sign an injunction banning me from parking at my own house? Can I challenge it without creating unpleasantness between me and the HOA?
If I should challenge it, should I hire an attorney? Should I bring the letter to a HOA board meeting and ask for an explanation? I have never attended such a meeting. I want to live in my house without being bothered by anyone.
Answer: You have asked a lot of questions, which will be answered in the order you asked them: No, the attorney's letter is not based on eminent domain. Yes, you can challenge it. No, you should not ignore it. There is no telling how a judge might rule; he might sign such an injunction. No, it's unlikely you can challenge it without any unpleasantness between you and the HOA.
As for your last questions, since there is a restriction against storing cars, and yours hadn't been moved for weeks and had a flat tire, you will likely lose your case. Your best bet is to bring your letter to the HOA meeting, apologize for any concerns your actions may have caused the board members, and assure them that you wish to be a good citizen. Politely ask what you can do in order to have your parking privileges returned. If you receive an unacceptable answer from the HOA, you may wish to hire an attorney.
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Dear George: In Texas, can a corporation own a house and claim a homestead exemption on that house? Also, if you encounter documents being manipulated or tampered with within the court system relating to your property, what authority would you bring this to?
Answer: According to a property-tax expert, only a homeowner's principal residence qualifies for a homestead exemption: "To qualify, the home's owner must be an individual (not a corporation or other business entity) and use the home as his principal residence on January 1 of the tax year. If you are age 65 or older, the January 1 ownership and residency are not required for the age 65 homestead exemption." Contact the Texas attorney general's office if you believe you have a case that the office should investigate in order to protect the public interest, rather than to facilitate your private interests.
Dear George: Is there a method to determine the difference in the value of a property given a factually correct Seller's Disclosure Notice versus the amount paid due to a notice that containing misrepresentations? I have heard this is referred to as "property stigma."
Answer: The best method of obtaining the market value of a property under the conditions or conflicts you outlined is to hire a Texas-certified appraiser and provide him with your requirements. A Seller's Disclosure Notice that contains misrepresentations does not make a property stigmatized. In real estate terms, a stigmatized property is a property that retains a negative image after its environmental problem was remediated. A false Seller's Disclosure Notice indicates that a seller is lying.
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