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6 Responses to Take Action

  1. a.m. says:

    a quorum in our neighborhood was collected to force a special election, the board and a group of alderman are obstructing us. POA lawfirm has ruled in our favor to have the election. We have since found out through digging that the POA president has signed a 40 yr lease with a MUD for free rent in exchange for running sewer and water lines to a 750,000 dollar gate house yet to be built or approved. When the neighborhood found out about the gatehouse they were up in arms. our POA dues raised 67% then decreased when an overwhelming # showed up at the 12-2011 POA meeting. The gatehouse was not discussed until 1 month after the contract with the MUD was signed. The Pres did not inform the board but there are board members who said they did not know about it. The group against us has members on the MUD, alderman and board. We have been threatened with lawsuits and now attempts to make the group for recall look bad by starting rumors some are in forclosure are being made by those supporting the current pres. There seem to be numerous deals being made amongst a small group who seem to have some type of financial benefits with all of this. Additionally, after the meeting was adjourned the board continued to hold business and the management company was unable to stop this. With Texas laws being changed in favor of homeowners should this be taken to the D.A.?

    • I am a resident of this community. I believe a quorum and special meeting has been called legally in line with the current bylaws. Our bylaws also state (twice) that any vacanies for any reason must be filled by the remaining officers (board members). However, our management company’s legal counsel has advised that we also have an election for replacements at the same meeting. I cannot find anything in the Texas HOA Laws that address this. Do you have an opinion and can you offer any references?

      • Admin says:

        Your Bylaws are pretty standard. What the legal counsel means is that you need to get a number of ‘your choice’ candidates to run. Then you vote (or use member proxies to vote) them onto the Board. But, the position that they get assigned to will be up to the members of the Board, not the HOA members. Your elections, each year, give you a chance to replace 2 or 3 Board members. They staggered them so that the Board would not be totally replaced. If you want to know the hierarchy of the HOA legalities in Texas, you need to read through all of the links on this post:
        http://texas.hoa-poa.com/viewtopic.php?f=3&t=116

  2. Admin says:

    Can you explain the special election? What was done as a result of it? Can you tell me if this HOA has their documents (bylaws, cc&r’s, etc.) online so that I can look at them?

  3. Admin says:

    I have looked through the Documents and it looks like the Bylaws, only,
    control any type of voting situation. Sometimes the section CC&R’s can
    supersede the Bylaws. Not true at Weston. It looks like the Board or
    ‘Trustees’ have free rein to do anything that they want, per the Bylaws.
    Also, the Bylaws have no guidelines in them on how you can get a Board
    member removed, other than an election protest which must be done 15 days
    after and getting the Board to vote it’s own members off. So, let’s
    consider that you have to deal with the Board that you have, whether you
    like it or not.

    How many members do you have that are willing to vote with you on any one
    item? 10% 25% 50%??
    Have you asked for the HOA Records? If so, do those documents include the names and addresses of all residents?

    The thing that you need to do is get as many homeowners behind you as you
    can. It is tedious work, but for some county website will help you gather that info, if not available in the HOA records.

    First things first. Make sure that you know exactly what has happened and
    try to get the HOA/POA records to back up that info. If the city was
    involved, there should be open records available to you there. You must be
    able to document the ‘fiasco’. Then, you could try an association member postcard mailing, but that could be expensive. If many members live in the development with you, try a door to door canvas (get lots of help). Make
    sure with either that you share the info and documents you have acquired.

    This is what it takes to get public sentiment steered in your direction.
    Without that, nothing else will work for you.

  4. Captain Jack Pompano Beach says:

    Your wonderful blog has inspired me! I’m glad to see I’m not the only one having homeowner association problems. I’ve learned a lot from your hard work!

    Thank You,

    Captain Jack Pompano Beach

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