San Antonio Villa Del Sol Homeowners Association v. Miller

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.