Texas employers must be careful when handling complaints from employees about sexual harassment. If you receive this type of report from an employee, do not ignore it or avoid discussing it. This will make the problem much worse and potentially subject you to legal liability. You should take a sexual harassment complaint seriously. If you do not already, have a sexual harassment policy in place. Make sure the language is clear and details exactly what behavior constitutes sexual harassment and what an employee should do if they believe they are being sexually harassed. Separate the employees P ..read more

In Texas, Homeowner’s Associations are becoming more-and-more popular as planned communities continue to sprawl around major metropolitan communities, like Houston. HOAs serve as custodians of community standards and property values, and they can ensure that good-acting neighbors have some recourse against bad-acting neighbors. However, HOAs necessitate a commitment to transparent operations and member-centric practices to prevent accusations of bad faith that could lead to litigation. Prioritizing member interests First, HOAs must uphold transparency and prioritize member interests to maintai ..read more

Weather-related disasters seem to have become more common in Texas. While this is often viewed in the context of hurricanes, there are other types of problems that can arise because of the weather, do damage to a person’s home and property. This will leave them wondering how they will make a full recovery. Hail and windstorms are problematic and can be costly in myriad ways. A way to mitigate the damage is to have windstorm insurance. However, many homeowners’ associations have either let their coverage lapse or were unaware that they did not have this type of coverage in the first place. When ..read more

When you serve on an HOA board, there are many rules and regulations that you must follow. Some of these may be unfamiliar to you if you have never been part of an HOA before. One of these involves filing an HOA management certificate with your county. This is a document that includes certain information about your HOA. The Texas Property Code specifies what information you must include in your HOA management certificate. Most of this information is basic. However, it is important that you include all of it so your management certificate is properly filed. What you must include in your managem ..read more

Condominium associations are nothing new, but if you are new to an association or one is being established, it is important to understand the rules that govern this type of association. While the rules, regulations and restrictions for a condo association are crucial to establish, update and enforce, it is equally important to understand insurance coverage and ensuring these terms and conditions are met to obtain and maintain coverage. Condominium associations At Daughtry & Farine, P.C., our law firm has been a reliable legal resource for condo associations for over four decades. With our ..read more

If your employee claims that there is a workplace safety violation, it’s important to address it. Employers are generally required to meet safety and health regulations and provide employees with a healthy work environment. Workplace safety violations Violations can include not providing employees with appropriate protective equipment, like safety glasses or respiratory protection, failure to protect employees from dangerous equipment and not providing safety training to employees, including how to respond in an emergency. Employers must also remove hazards in the workspace, like cleaning slip ..read more

Residing in Texas more often now means living within a Homeowners Association. Governed by a board of directors elected by association members, the actions of individual board members can occasionally spark disputes. This prompts the question: Can a Texas HOA member sue a board member personally? Personal liability scenarios In essence, an HOA board member in Texas may face personal liability when breaching fiduciary duties to the HOA or its members. Fiduciary duties entail legal obligations to act in the best interests of the HOA and its members, conduct HOA business with care, loyalty to the ..read more

Texas employers must be careful when making many different types of decisions. Although you may always make a good faith effort to comply with employment laws and regulations, you might find yourself facing a discrimination or harassment charge. The situation can become even worse if you try to handle the claim appropriately and are then accused of retaliation. It can be extremely difficult to know how to handle these often complex and delicate situations. According to the Equal Opportunity Employment Commission, retaliation claims are the most regularly alleged basis of discrimination in the ..read more

As a property owners’ association, you rely on your insurance company to step in when you need to be protected against certain claims. Yet, in far too many cases insurance companies try to sidestep their obligations, which could leave you on the hook for unexpected and undeserved expenses. If that’s happened to you, then you need to carefully analyze your circumstances to see if your insurance company is acting in bad faith. If they are, then legal action may be warranted to recoup your claim amount and damages. How do you know if bad faith is in play? In some instances, bad faith can be hard ..read more

Creating an association of single-family developments, condominiums and commercial property is not new in Texas; however, having an association comes with many responsibilities and the need to overcome legal issues. As such, it is important that Property Owners Associations or POAs have an understanding of the appliable state laws and provisions in codes when establishing and maintaining a POA. Creating a POA At Daughtry & Farine, P.C., our skilled attorneys know firsthand the benefits a POA can have, which is why we have dedicated much of our practice to aiding POAs from their very creati ..read more