Covenant Clearinghouse, LLC v. Kush and Krishna, LLC

Harris · TX · Texas Court of Appeals, Fourteenth District (Houston)

Member win · fines

What happened

A 2009 developer declaration recorded in Harris County imposed a 1% private transfer/reconveyance fee through 2110. In 2012 Covenant Clearinghouse LLC filed a Property Code § 5.203 notice of private transfer fee obligation but did not refile as required. When Kush and Krishna, LLC sold in 2017 it escrowed $36,000 rather than pay CCH, then sought a declaration that the fee was void for missed refiling. CCH argued notice duties did not apply because it had never 'received' a fee. The trial court granted Kush summary judgment; the Fourteenth Court of Appeals affirmed, holding claimants of pre-2011 private transfer fees must file and periodically refile § 5.203 notices, and failure to refile voided the obligation under § 5.203(f).

What the court (or agency) held

Label note: defendant is a private-transfer-fee payee/clearinghouse under a developer covenant, not an HOA board. The Fourteenth Court of Appeals held that a person who claims the right to receive a pre-2011 private transfer fee must file and periodically refile Property Code § 5.203 notices. Because Covenant Clearinghouse failed to refile after its 2012 notice, the fee obligation became void under § 5.203(f). The court affirmed summary judgment releasing $36,000 in escrowed fees to the seller.

Why this matters for members

Texas private transfer fees created before the 2011 ban survive only if statutory notice and refiling duties are met. Missed refiling can void the fee and free escrowed amounts to the seller.

What the member did

Escrowed the disputed fee, sued for a declaration that the private transfer fee was void for noncompliance with § 5.203, and obtained summary judgment affirmed on appeal.

Questions for the board

Questions for a lawyer

Citation

Covenant Clearinghouse, LLC v. Kush and Krishna, LLC, 607 S.W.3d 855 (Tex. App.—Houston [14th Dist.] 2020, pet. denied); No. 14-19-00302-CV (2020-08-18). Texas Court of Appeals, Fourteenth District (Houston). Outcome chip: member_win. Flags: not-hoa-board. Source: https://caselaw.findlaw.com/court/tx-court-of-appeals/2082207.html

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.