San Antonio Villa Del Sol Homeowners Association v. Miller

761 S.W.2d 460 (1988)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

San Antonio Villa Del Sol Homeowners Association v. Miller

Texas Court of Appeals
761 S.W.2d 460 (1988)

Facts

Condominium-unit owner William Miller (plaintiff) sued the San Antonio Villa Del Sol Homeowners Association (the association) (defendant) for harassment after the association turned off a portion of Miller’s gas and water. The association counterclaimed to collect Miller’s unpaid monthly maintenance fees and unpaid special assessment. Under the declaration and bylaws’ authority to maintain the common areas, to levy and collect assessments, and to abate conditions contrary to the intent and meaning of the bylaws, the association charged monthly maintenance fees for the common areas and levied the special assessment. The special assessment was levied to cover the cost of new pipes after a gas leak was discovered and an inspection revealed that the pipes, which were owned by the association as common elements, needed to be replaced. The association had solicited bids and then voted to specially assess the owners for the project. Miller claimed that the assessment was invalid, refused to pay his share of the special assessment, and stopped paying his required monthly maintenance fee. After almost a year, the association filed a lien against Miller’s unit and notified him that if he did not pay his monthly and special assessments, his gas and water would be disconnected. When Miller did not respond, the association partially disconnected Miller’s gas and water. The trial court concluded that the association acted illegally and outside the scope of its authority in disconnecting Miller’s gas and water. The association appealed, arguing that it had acted reasonably.

Rule of Law

Issue

Holding and Reasoning (Dial, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership