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BROOKS v. NORTHGLEN ASS'N

No. 02-0492.

141 S.W.3d 158 (2004)

Geneva BROOKS, et al, Petitioners, v. NORTHGLEN ASSOCIATION, Respondent.

Supreme Court of Texas.

Decided June 25, 2004.

Rehearing Denied September 3, 2004.

Attorney(s) appearing for the Case

Sue Auclair, Houston, TX, pro se.

David Alfred Kahne, Law Office of David A. Kahne, Robin Rankin Willis, P.C., Houston, for Petitioner.

John Bradley Mitchell, Clayton Rowland Hearn, Marc D. Markel, Stephanie Lee Quade, Roberts Markel Guerry, P.C., Houston, for Respondent.

Justice JEFFERSON delivered the opinion of the court.

This is a declaratory judgment action involving eight property owners' challenge to their homeowners association's attempt to increase and accumulate annual assessments and impose late fees. The trial court held that chapter 204 of the Texas Property Code1 authorized the Board to raise assessments unilaterally. The court of appeals affirmed the trial court's judgment in part and reversed...

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