When I first came to Texas in 1988, I brought with me the naïve notion that if you go to court with the truth and the evidence, you will win. 

Fast forward eighteen (18) years and I know better than to believe such a thing.  Just when I thought it was safe to go back into a courtroom, my old “friends” from the past, resurfaced in my new county—Fort Bend. After I had my Ben Gay moment, I thought are these guys ever going to die, instead they continue to multiply with the same old rhetoric in the courtroom, while good advocates come and go.  California advocates called for a CAI (Community Association Institute) boycott.  The following law firms are part of the CAI: William G. Gammon and Associates, 1 Greenway Plaza, Ste. 1005, Houston, Texas, 77046, (713) 964-5340; Jeffrey H. Ewalt, Ewalt & Dickinson, 14614 Falling Creek, Ste. 206, Houston, TX,77068-2941,(713) 444-9250; Rick Butler and Roy Hailey, 1616 Voss Road, Ste. 500, Houston, TX 77057-2620, (713) 780-4135; Marc Markel (Texas State Bar No. 12986850), Clayton R. Hearn (Texas State Bar No. 00793925), Amy M. Vanhoose (Texas State Bar No. 24042085) with Roberts . Markel . Guerry, P.C., 2800 Post Oak Boulevard, 57 Floor, Houston, TX, 77056, (713) 840-1666.

They may be operating in your neighborhood.  The National HAG (The National Homeowners Advocate Group, LLC) suggests you fire them. 

It is time, homeowners, for these law firms to be investigated because they are part of the property abuse problem in Texas.  They are synonymous to homeowner associations as accountants are to mafia bosses.  They will do anything to protect a homeowner association in and out of court.  When you hear the name of any of these attorneys, grab your purse because a robbery is about to take place.

Here is what I found on one of the attorneys:  “On July 19, 2000, Jeffrey Ewalt[#06752700], 49, of Houston received a public reprimand. An evidentiary panel of the District 4-H Grievance Committee found that in 1990, Ewalt was hired by a homeowners' association to provide legal services for maintenance fee collection and deed restriction enforcement. In 1996, the association asked Ewalt to sue a resident for delinquent maintenance fees. Ewalt failed to file suit and the statute of limitations expired. In 1998, Ewalt filed suit on behalf of the association against two residents. He failed to properly serve the defendants. Both matters were dismissed for want of prosecution. Also in 1998, the association received a report from Ewalt about a pending suit. The report stated that the suit had been filed in January 1998, when in fact it had not. In May 1998, Ewalt received funds belonging to the association. He deposited the funds in his operating account and did not forward them to the association. Ewalt violated Rules 1.01(b)(1) and (b)(2), 1.03(a) and (b), 1.14(a), and 8.04(a)(3).” 

Up until recently, they have not had a hard time stealing our most prized possessions—our homes.  Fear, apathy, distrust, poverty, lack of knowledge, etc., have made it easy “pickins” for the robbers.  However, I sense a change in the air, a breath of fresh air stirring.  I sense a movement—no, not a bowel movement—but a change in behavior.  There are advocate groups helping homeowners take back their land, their rights and encouraging them to speak up and out.  Aside from  us there is CHORE, Hoanet, HOAA and HOA in Arizona; California has an advocate; Florida has an advocate; PRF in Texas; Concerned Homeowners to name but a few.

Homeowners, there is no need to suffer in silence any longer or to be too frightened to speak up.  Contact your local advocate group for help.  You must start speaking up, start registering your complaints with your local advocate groups.

Our legislators give the impression their job is too big for them.  They are confused as to who to respond to.  This year other advocates and myself went to Austin to testify against TUPCA (Texas Uniform Planned Community Act), the futuristic new-age slave-master planned community.  Check out the review on this at www.thetupcareview.com.  At   this hearing, we were informed by Rep. David Leibowitz, Dist. 117, (512) 463-0269, Austin, Texas 78711, that they were investigating Atty. Rick Butler and his law firm.  Perhaps I misunderstood Rep. Leibowitz and thought he said Atty. Butler was being “domesticated”.  At any rate, others and myself have called his office for a follow-up and received no response.  Now here is a legislative moment.  In the past, we have wrung our hands and said “boo hoo”, “poor us, we don’t have anyone who cares about us.”  Wrong!

We care about us.  Therefore, the new procedure in this new era, is to publicize the failure of our legislator Rep. Leibowitz to make good his promise to investigate our bad boy, Atty. Rick Butler and his law firm; and if we find out he has not done so, we report Atty. Rick Butler’s business practice to……ummmmm, let’s see---what’s the name of that investigative group in Washington?  Oh yeah, RICO, and have that investigative group investigate him.

If Rep. Leibowitz has in fact done what he said he would do and is just on a long vacation break, then we can say, thank you, Sir.  Beautiful job!  If he did not, we can say, I hope you enjoy your retirement, have a nice day!

Mailto:  harvellajones@yahoo.com">harvellajones@yahoo.com