Fight Back: Use the Template, Build the Paper Trail, Make Them Prove It

This page is for Sky Harbour homeowners dealing with a lien, collection demand, assessment claim, foreclosure threat, or other disputed HOA enforcement.

The basic idea is simple:

Do not argue by phone. Do not rely on rumors. Do not accept “because we said so.”

Make them prove their authority in writing.

If the HOA, management company, or attorney claims there is valid authority to assess, lien, collect, or threaten foreclosure, they should be able to identify the exact recorded documents that apply to your lot.

Not vibes.

Not bylaws.

Not board habits.

Not “that’s how it’s always been done.”

Recorded proof.

 

What This Template Does

The homeowner notice template gives the HOA, management company, and counsel a written demand to either:

​

1. remove the lien or disputed cloud on title; or
    

2. produce the recorded proof they claim gives them authority.

The purpose is to create a clean paper trail.

Another homeowner has already put the HOA, management company, and HOA representatives on written notice regarding the January 1, 1990 termination issue, the lack of recorded continuation / succession proof, and the demand to stand down from unsupported lien activity.

This template lets each homeowner apply pressure using their own lot, their own facts, and their own mailing proof.

 

Before You Start

What You Need

Before using the template, gather:

• the homeowner template PDF;

• your name and mailing address;

• your property address;

• your lot / block / section information;

• the lien clerk document number, if known;

• a printer;

• envelopes;

• certified mail service at the post office.

If you do not know your lien document number yet, you can still use the letter. Remove that line or mark it as unknown.

Important

Customize the letter to your own lot and facts before sending.

Do not send a letter with someone else’s property details still in it.

Keep copies of everything you send.

Mail each recipient separately.

The actual legal owner of the property should sign the notice unless someone else has proper written authority to act for that owner.

 

Step 1: Download the Homeowner Template

Download the homeowner notice template from this page and save a copy before editing.

Use the blank fields to add your own information.

Check every line before printing.

This letter is meant to be strong and direct, but it still needs to be accurate to your property.

 

Step 2: Fill In Your Property Information

Complete the homeowner information fields at the top of the letter.

Fill in:

• the date;

• your name;

• your mailing address;

• your property address;

• your lot / block / section;

• the lien clerk document number, if known.

If multiple lots are affected, list each one clearly.

If a lot belongs to a spouse, parent, trust, company, or family member, make sure the correct owner is involved.

 

Step 3: Review and Customize the Letter

Before printing, read the whole letter.

Check that:

• your name is correct;

• your address is correct;

• your lot information is correct;

• the lien information is correct;

• the facts apply to your property;

• no other homeowner’s details remain in the template;

• the demand is something you are willing to stand behind;

• customize your daily damages to your liking. 

 

Do not guess.

If you are unsure about a lien document number or property description, leave it out or say it is unknown.

Accuracy matters.

 

Step 4: Print and Sign Your Copies

Print at least four copies.

You will need:

• one copy for Sky Harbour Homeowners Association, Inc.;

• one copy for Peter F. Bagley, Registered Agent / Counsel;

• one copy for The Property Center;

• one copy for your own records.

Sign and date each mailed copy.

Keep your own signed copy in your records.

 

Step 5: Mail All Three by Certified Mail

Mail each copy separately by Certified Mail.

Return Receipt is also helpful if you want extra delivery proof.

Certified Mail helps document:

• what you sent;

• when you sent it;

• where you sent it;

• when it was delivered;

• who received it.

Do not hand everything to one person and hope it gets passed around.

Send each notice separately.

 

Step 6: Mail to These Three Addresses

 

Sky Harbour Homeowners Association, Inc.

2707 Galaxy Street
Granbury, TX 76049

 

Peter F. Bagley, Registered Agent / Counsel

2304 W. Interstate 20, Suite 240
Arlington, TX 76017

 

The Property Center

Attn: Managing Broker / Compliance Officer
510 West Pearl St., Suite 100
Granbury, TX 76048

 

Mail each one in its own envelope.

Keep every receipt.

​

Step 7: Save Your Proof

Do not throw anything away.

Keep:

• a copy of each signed letter;

• Certified Mail receipts;

• tracking numbers;

• delivery confirmations;

• Return Receipt cards, if used;

• envelopes;

• any response you receive;

• any non-response;

• any new payment demand;

• any collection letter;

• any foreclosure threat;

• any new lien activity.

This is how “they ignored me” becomes evidence.

Make a folder.

Paper is good.

Digital scans are better.

Both is best.

 

Step 8: Start the 10-Business-Day Clock

The template gives the recipients 10 business days to either:

1. remove the lien or cloud on title; or
   
    

2. produce the recorded proof they claim gives them authority.

Count the deadline from confirmed receipt, not from the day you mailed it.

This is why tracking matters.

If one recipient receives the letter on Monday and another receives it on Wednesday, track those deadlines separately.

 

Step 9: Watch for One of Two Real Responses

A proper response should do one of two things.

Option 1: They Release the Lien

They record a release, withdrawal, or expunction and send you proof.

Do not just accept “we took care of it.”

Ask for the file-stamped recorded release.

Then check the county records.

Option 2: They Produce Recorded Proof of Authority

A real proof response should identify exact Hood County recording references for the documents they claim support their authority.

That includes:

• the recorded instrument they claim continued the restrictions beyond January 1, 1990;

• the recorded instrument they claim transferred or succeeded lien / collection / foreclosure rights;

• the recorded instrument they claim authorizes the current HOA, management company, attorney, or agent to enforce against your lot.

General references are not enough.

“See the bylaws” is not enough.

“See the rules” is not enough.

“Everyone pays dues” is not enough.

“Talk to the office” is not enough.

“Amendments and supplements” without exact recording references is not enough.

If they claim authority exists, they should be able to point to the recorded document.

 

Step 10: Document Silence or Non-Answers

If they do not respond, save that.

If they respond without actual recorded proof, save that too.

Keep:

• silence;

• vague replies;

• payment demands;

• collection threats;

• attorney letters;

• foreclosure threats;

• lien notices;

• account ledgers;

• screenshots;

• emails;

• envelopes;

• postmarked mail.

A non-answer can still matter.

A vague answer can still matter.

A demand after notice can really matter.

 

 

 

 

 

The Sky Harbour Pushback Ladder

Sending written notice is the starting point.

It is not the stopping point.

If the HOA, management company, or counsel refuses to release the lien or produce recorded proof, homeowners can move up the ladder.

 

Ladder Step 1: Check the County Records

If they claim authority exists, ask where it is recorded.

Homeowners can search or request copies from the Hood County real property records.

Look for:

• the original restrictions affecting your section;

• any amendments before January 1, 1990;

• any recorded extension or renewal;

• any Chapter 201 / Chapter 204-style petition or amendment;

• any recorded assignment or succession of enforcement rights;

• any lien filed against your property;

• any release of lien.

The key question is not whether someone says the HOA has authority.

The key question is whether the authority exists in the recorded land records and actually applies to your lot.

 

Ladder Step 2: Request Association Records

A homeowner may also request association records.

Ask for copies of:

• current restrictions applying to your section;

• every amendment or continuation instrument;

• every document they claim authorizes assessments;

• every document they claim authorizes liens;

• every document they claim authorizes foreclosure;

• the account ledger for your property;

• board minutes approving liens or collection action;

• management certificates;

• the management agreement or authority for the management company;

• records showing who authorized lien or collection activity;

• records showing how the claimed balance was calculated.

If they claim you are a mandatory member, then they should be willing to produce the records that supposedly make you one.

 

Ladder Step 3: Build a Lien Packet

If a lien has been filed against your property, build a packet.

Include:

• your deed or ownership proof;

• the recorded lien;

• the original restrictions;

• any amendments they claim apply;

• your notice letter;

• proof of delivery;

• any response or non-response;

• any new demand letters;

• any collection letters;

• screenshots or records of continued payment demands;

• a short timeline.

This packet helps if you talk to an attorney, file a court motion, file an agency complaint, or join with neighbors.

 

Ladder Step 4: Consider a Government Code § 51.903 Lien Review Motion

If a recorded lien appears unsupported, a property owner may look into a Texas Government Code § 51.903 motion.

This is a court process asking a district judge to review a recorded document that purports to create a lien or claim against property.

This option is aimed at the lien document itself.

It is not the same as a full lawsuit over every HOA issue.

It is more like asking:

Should this document be treated as a valid lien in the property records?

This may be useful when the lien claimant has been asked to produce recorded authority and cannot do so.

Homeowners should consider getting legal help before filing.

 

Ladder Step 5: Consider a Fraudulent Lien Claim

If someone knowingly maintains or uses a fraudulent lien after notice, homeowners may want to ask an attorney about Texas Civil Practice & Remedies Code Chapter 12.

This is a heavier remedy than a notice letter.

It can involve damages, attorney’s fees, court costs, and other relief if the legal elements are proven.

The key evidence is notice.

That is why the first letter matters.

If they were told the lien authority was disputed, asked for recorded proof, and still refused to release the lien or identify the authority, that may become important later.

 

Ladder Step 6: Consider a 21-Day Fraudulent-Lien Release Notice

Texas law also contains a criminal statute involving refusal to release a fraudulent lien after written notice.

Homeowners should be careful with this step.

This is not about making wild accusations.

It is about creating a clean record if someone continues to hold or benefit from a lien after being formally asked to release it.

A homeowner considering this route may want to send a short, separate notice requesting release of the specific lien and giving the statutory release period.

If the lien is not released, the homeowner may include the notice, proof of delivery, and lien documents in a complaint packet to appropriate authorities.

 

Ladder Step 7: Report the Pattern

State agencies may not solve an individual title problem, but complaint records can matter when multiple homeowners are affected.

Possible complaint routes include:

 

Texas Attorney General — Consumer Protection

Use this when the complaint is about deceptive practices, unsupported collection activity, foreclosure threats, or a pattern of homeowners being pressured to pay under disputed authority.

 

Texas Attorney General — Charitable Trusts / Nonprofit Oversight

Use this if the issue involves a nonprofit corporation using its structure, funds, officers, or assets in a way that appears improper or outside its lawful role.

 

Texas Secretary of State

The Secretary of State is mainly useful for corporate records.

It generally does not regulate HOA conduct or resolve individual HOA disputes.

Use SOS records to document corporate formation, amendments, name changes, registered agent information, and entity status.

 

IRS

Use this only if the organization claims federal tax-exempt status and the issue involves misuse of exempt status, private benefit, unrelated business activity, or other tax-exempt concerns.

 

Local Law Enforcement / District Attorney

This may be relevant only when there is a serious, documented lien issue and the homeowner has proof of notice, refusal, and continued clouding of title.

Do not rely on this as the main remedy.

Treat it as an escalation packet, not a substitute for clearing title.

​

Ladder Step 8: Consider a Declaratory Judgment / Injunction

If the problem affects many homeowners, the bigger remedy may be a lawsuit asking a court to declare the rights of the parties.

A declaratory judgment action could ask a court to decide questions such as:

• whether the restrictions expired;

• whether any valid extension exists;

• whether the HOA has assessment authority;

• whether the HOA has lien authority;

• whether the HOA has foreclosure authority;

• whether specific liens are invalid;

• whether the HOA or its agents should be stopped from further unsupported enforcement.

This is bigger than a records request or notice letter.

It may be more effective if homeowners work together.

 

Build a Neighbor Coalition

One homeowner can be ignored.

A neighborhood paper trail is harder to ignore.

Neighbors can help by independently sending their own notices, keeping their own proof, and comparing responses.

Important:

• each homeowner should use their own facts;

• each homeowner should use their own lot information;

• each homeowner should keep their own mailing receipts;

• each homeowner should avoid claiming to represent someone else unless they have legal authority;

• family-owned lots should involve the actual legal owner;

• neighbors should compare responses and save inconsistencies.

A coalition does not mean everyone has to file the same lawsuit on day one.

It means homeowners can organize records, compare responses, reduce duplicated work, and make the pattern visible.

 

What Not To Do

Do not ignore a recorded lien.

Do not throw away notices.

Do not rely on phone conversations.

Do not send threats you cannot support.

Do not claim damages you cannot explain.

Do not use someone else’s property facts as your own.

Do not assume a state agency will clear your title for you.

Do not wait until a sale, refinance, or foreclosure threat creates an emergency.

 

Quick Checklist

Before mailing, make sure you have:

• completed the template with your own information;

• checked your lot / block / section;

• removed anyone else’s property details;

• printed four copies;

• signed the three mailed copies;

• kept one signed copy for yourself;

• addressed three separate envelopes;

• sent each by Certified Mail;

• saved your receipts and tracking numbers;

• started the 10-business-day clock from confirmed delivery.

 

Final Note

You are not required to just sit there while someone clouds your title and refuses to show their authority.

Use the template.

Create the paper trail.

Make them either prove it — or remove it.