Notice, Schmotice

A Kaufman County couple has failed in their effort to reverse a summary judgment granted in favor of their homeowners association.  The association had filed its MSJ on December 17, then faxed a notice on December 20 stating that a hearing had been set for January 6.  Because that only provided 17 days notice instead of the required 24 days (including an extra three days due to service by fax), the homeowners objected.  The association then reset the hearing for January 13, and the trial court permitted the couple to file their response on January 12, thereby giving the homeowners 24 days from the original date of notice to file their response.  The court of appeals held that was adequate notice, particularly because the the homeowners had requested an (unspecified) continuance of the January 6 hearing date.  Since the trial court had granted a total of 24 days for the homeowners to respond, the court of appeals held there was no merit to their complaint of inadequate notice of the summary judgment hearing.  The court of appeals also rejected the homeowners’ breach of contract claim, holding that there was no evidence the property’s deed restrictions required the association to maintain a dam located partially on the plaintiffs’ property.

McGowan v. Meadowwood Park Ranch Estates Homeowners Association, No. 05-11-00695-CV