TEXAS HOA REFORM: LEGISLATION SUGGESTIONS

Posted on September 30, 2020 by Admin

I support the efforts of the Texas Reform Coalitions in fighting for resident rights. I received this message from them today:

Dear Texas Homeowner,
The 87th Texas Legislative Session begins in January 2021.  The HOA Reform Coalition of Texas is in the process of proposing new legislation.  As part of this process, we need real examples of how HOA/POA/COA have treated property owners. If you are willing to share your experiences in response to the questions below, please reply to this email or send an email to txhoareform@gmail.com. 
1.  Have you been harassed by your HOA/Management Company/HOA Attorney with terrible and/or unreasonable demands within the last few years that you are willing briefly to describe? 
2. If you have a demand letter from the HOA/Management Company/HOA Attorney, and if you are willing to share, please attach it.
Please let us know so that we can present the problems homeowners endure to the legislators
HOA Reform Coalition of Texas Website:
http://hoareformcoalition.org/
Thank you for all that you do! 
Respectfully,Beanie Adolph – DirectorNancy Kozanecki – Assistant Director
HOA REFORM COALITION
Posted in Action Steps, HOA POA Law, Homeowner Association News | Tagged , , , , , , , | 1 Comment

HOA NEPOTISM IN TEXAS HAS ENDED

Posted on July 14, 2019 by Admin

HB-1025 passed the 86th Texas legislative process and parts of the 209 statute are changing, NOW. This Act takes effect September 1, 2019, except Section 209.00591(a-3), Property Code, as added by this Act, which was enacted on 6/14/2019. That was the day that Governor Abbott signed it. This will not effect any sitting board members, but when their terms are up, they must follow this law.

All future elections can no longer have husband/wife or other relative relationship persons, residing in the same home, running or elected. IMHO, that should have existed all along – too much nepotism. 209.0059 (a-3) states “(a-3) A person may not serve on the board of a property owners’ association if the person cohabits at the same primary residence with another board member of the association.”

I want to thank the HOA Reform Coalition for all their hard work on getting this passed. I would also like to thank Representative Bohac and Senator Whitmore for sponsoring this legislative change and Governor Greg Abbott for signing it. THAT was bipartisanship action, at it’s best!

Posted in HOA POA Law, Homeowner Association News | Tagged , , , | 6 Comments

HOA REFORM COALITION – TEXAS LEGISLATION

Posted on May 2, 2019 by Admin

FROM TEXAS HOA REFORM COALITION:
http://hoareformcoalition.org/
Beanie Adolph – Director
Nancy Kozanecki – Assistant Director

HOA Reform Coalition Texas Legislation
HOA Reform Coalition Texas Legislation
Posted in HOA POA Law, Homeowner Association News | Tagged , , , , | 1 Comment

HOA Reform Coalition Questionnaire

Posted on October 30, 2018 by Admin

“The Texas Legislature will begin its 86th Session on January 8, 2019. In July the Texas HOA Reform Coalition submitted a questionnaire to the candidates in anticipation of the November elections. Texas homeowners need Senators and Representatives to be aware of the unchecked power exerted by HOAs and the urgent need for laws to protect them.” Read more here: HOA Reform Coalition

Posted in Action Steps, HOA POA Law | 2 Comments

HOA Reform Coalition – Texas Legislature

Posted on February 28, 2017 by Admin

Dear Texas Homeowners:

Our work has begun.  The homeowners of Texas must now respond to all bill activity as best as each can.  Those who live in or near Austin and can go to the Capitol for hearings, please go to as many as you can. A citizen may testify for or against or one has the option to merely select that choice on the forms found in the back of the Hearing Rooms. Even though not testifying, those positions for or against are tallied and announced. Your presence is most important.

Those a distance from Austin can be very effective by contacting the Committee members and stating their positions on the bill, as well as contacting their own senators and representatives. There is just a very short time to make your voice heard.  Let them know homeowners demand their rights. They did not surrender them when they bought their homes.

Below is contact information important for you to let the Committees and your own state senator and representative know of your position on POA/HOA bills in this 85th Legislative Session. Go to the Texas Legislature Online (TLOL)     http://www.legis.state.tx.us/ and under House and Senate, click “Members”. Then go to the member’s home site.  There will be an email contact option.

Keep this information handy, so that when we share with you information we have just received concerning the progress of bills, you can advise the members of the legislature your preference as their constituent.

There are two Senate Committees listed.  When we communicate with you about a Senate Bill, we will let you know which Senate Committee to contact.

Do be sure to list your own senator and representative so they will be contacted as well.

House Committee on Business & Industry (C040) Clerk: Angelina Lopez
Legislature: 85(R) – 2017 Phone: (512) 463-0766
Appointment Date: 1/10/2017 Room: EXT E2.128
Position Member
Chair: Rep. Rene Oliveira
Vice Chair: Rep. Hugh Shine
Members: Rep. Nicole Collier
Rep. Ramon Romero
Rep. Jonathan Stickland
Rep. Jason Villalba
Rep. Paul Workman
Senate Committee on Business & Commerce (C510) Clerk: Tatum Reagan
Legislature: 85(R) – 2017 Phone: (512) 463-0365
Appointment Date: 1/10/2017 Room: SHB 370
Position Member
Chair: Sen. Kelly Hancock
Vice Chair: Sen. Brandon Creighton
Members: Sen. Donna Campbell
Sen. Craig Estes
Sen. Robert Nichols
Sen. Charles Schwertner
Sen. Larry Taylor
Sen. John Whitmire
Sen. Judith Zaffirini
Senate Committee on Intergovernmental Relations (C520) Clerk: Dilip Kanuga
Legislature: 85(R) – 2017 Phone: (512) 463-2527
Appointment Date: 1/10/2017 Room: SHB 475
Position Member
Chair: Sen. Eddie Lucio, Jr.
Vice Chair: Sen. Paul Bettencourt
Members: Sen. Donna Campbell
Sen. Sylvia Garcia
Sen. Don Huffines
Sen. Jose Menendez
Sen. Van Taylor
Thanks for all that you do.
HOA Reform Coalition of Texas Website:
Thank you for all that you do!
Respectfully,
Beanie Adolph – Director
Nancy Kozanecki – Assistant Director
Join Our Mailing List
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HOA Foreclosure For $150

Posted on July 13, 2016 by Admin

Posted in Association Foreclosure, Homeowner Association News | 1 Comment

Deputy Accused Of Taking HOA Money

Posted on April 29, 2013 by Admin

Some residents of the Trailwood Home Owners Association told WFTV’s Myrt Price that they can’t believe that someone they trusted, a law enforcement officer and someone who had been their HOA president for seven years, could be accused of something like this.
Read more here: –>HOA Theft

Posted in Homeowner Association News, Theft, Fraud, & Crimes | Tagged , , | 1 Comment

Can HOA Board Forgive Unpaid Assessments?

Posted on April 29, 2013 by Admin

Q: Our homeowners association’s board of directors forgave homeowners who were two to three years behind on their assessments. This was done without our knowledge, and we found out about it before our annual meeting. Is this legal? This seems unfair to the homeowners who pay their dues every year.

Read the answer here: http://www.charlotteobserver.com/2013/02/15/3855294/can-hoa-board-forgive-unpaid-assessments.html#storylink=cpy
Read more here: –>HOA Financial Responsibility

Posted in HOA Management, Homeowner Association News | Tagged , , | 2 Comments

Court Decision Helps Community Organizations

Posted on February 10, 2013 by Admin

Q. I received a legal update via e-blast from a local law firm that specializes in real estate and condo association law. Apparently there is a new court decision that provides relief for banks and third party investors who buy a property at foreclosure sale. As I understood it, a condo or homeowners association will no longer be able to pursue past due maintenance fees if the association foreclosed its lien and owned the property for a period of time. Can you better explain the court decision and what it means for community associations?

Q. We have an owner who has not paid association fees for almost three years. The bank that financed the unit was apparently involved in “robo signing” and the delinquent owner has successfully fought them every step of the way. Does the association have any recourse against the bank, and if so, do you think it would be worth pursuing?

Q. Our condo association has a management company that uses the same vendors for all of their associations. Many of these vendors are handymen who are jacks of all trades (electrical, mold inspections, painting, plumbing, tile, etc.). The management company does not seem to require proper licenses or make sure they have insurance. Consequently, our board thinks these things are unnecessary. What is the association’s liability if something goes wrong?

…. Read The Answers Here

Posted in HOA Management, HOA POA Law, Homeowner Association Q&A's | Tagged , , , , , | 2 Comments

Abuse Of Power

Posted on June 17, 2012 by Admin

At Monday night’s HOA meeting, residents spoke out against the board.
One man said, “Shame on you. Shame on you board members.”
“I mean, it’s just wrong,” homeowner Judith King told 10News outside the meeting. “It’s wrong.”  Neighbors said Evolfo applied for a city permit to build a backyard “deck” before receiving HOA approval. After getting the permit, the HOA president called an emergency HOA meeting solely for a vote on his “deck.” Fellow board members approved construction.

–> Read Complete Story

Posted in HOA Boards & Elections, HOA Management | Tagged , , , | 2 Comments

HOA Accountability

Posted on June 17, 2012 by Admin

Posted in HOA Boards & Elections, HOA Management | Tagged , , , , | 2 Comments

Gated HOA Gated Community Streets Responsibility

Posted on March 25, 2012 by Admin

By Robert Lee Long
Citizens say streets in Cross Creek, a private gated community in Hernando, are in need of repair and one of the ways to upgrade their condition is to make them public. One way to achieve improvements and upgrades is to turn the streets over to the city. At issue, however, is the fact that plats of the subdivision will have to be changed, and if the streets are taken into the city, they will have to be accessible to the public.

Leigh Pegram, president of the Cross Creek Homeowners Association, said the group is exploring their options and has retained an attorney. She plans to brief Homeowners Association members on information she received at Tuesday’s board meeting at an upcoming meeting of the Homeowners’ Association.

City Attorney Kenneth Stockton said Cross Creek is platted and recorded as a private gated subdivision. Stockton is seeking an Attorney General’s Opinion on the public access issue. Pegram disagreed slightly, saying the word “private” never appears on the plat. However, at present individuals must have an access code to gain entrance into the subdivision. There are presently two active gates and an emergency gate to allow law enforcement officers and firefighters access to the subdivision.

–> Read Complete Story

Posted in HOA Management, HOA POA Law | Tagged , , , , | 1 Comment

Who Pays For HOA BulkHeads

Posted on March 25, 2012 by Admin

By Gretchen Wenner
One of Oxnard’s premier neighborhoods, where boats nose up to million-dollar homes and the ocean beckons just beyond the harbor, has a problem borne of its marine environment: Sea walls are getting old. The reinforced concrete walls that protect Mandalay Bay’s 743 homes were built in the late 1960s and early 1970s. They had a projected life span of roughly 40 years — time that’s about up.

A group of homeowners is advocating pre-emptive repairs that would cost a fraction of the estimated $118 million needed for total replacement. A recent evaluation found some stretches are at risk of catastrophic failure, but targeted resurfacing could keep the structures standing 25 more years or so.

The challenge is determining who pays for the repairs, expected to cost millions of dollars.

Bill Scarpino, a resident and member of the Channel Islands Waterfront Homeowners Association, thinks the city owns the sea walls and is responsible for maintenance, just as it is for a public street. He has a folder stuffed 4 inches thick with old city resolutions and court rulings that he says prove it.

–> Read The Complete Story Here

Posted in HOA Management | Tagged , , , | 6 Comments

Homeowner Association Attorney Ethics

Posted on March 25, 2012 by Admin

By Jan Bergemann
In a perfect community association world the association attorney would make sure that the interests of all members of the community are represented when acting on behalf of the association. The actions of the attorney would benefit all members of the community – since all are paying the legal bills equally. Board members and owners should be able to rely on an attorney, who acts as the professional the association hired to represent its legal interest.

But since we are not in a perfect community association world, we see lots of problems caused by association attorneys who make it their main objective to protect the members of the board who signed their retainer agreement and who sign the checks – no matter what. It should not be the task of the association attorney to find ways to circumvent the statutes and the governing documents in order to please the board members who may have a private agenda or try to defend their personal egos.

We see frivolous lawsuits filed all the time, filed by overeager association attorneys – just because some board member has something to hide and doesn’t like an outspoken owner to challenge his/her “private agenda.” These lawsuits are definitely not in the best interest of these associations or the paying members.

–> Read Complete Story Here

Posted in HOA Management, HOA POA Law | Tagged , , , | 2 Comments

HOAs Adjust To Texas Law Changes

Posted on March 18, 2012 by Admin

By MATTHEW WATKINS
Want to go green by harvesting rainwater and installing solar panels at your house? Your homeowners association can no longer stop you, even if it considers the projects eyesores. Religious symbols under a certain height and flagpoles with United States, Texas or military flags are now also fair game.

And if your homeowners association wants to foreclose on your home for missed dues and unpaid fines, there are new hurdles it must clear. That is because of a series of new laws passed during the 2011 legislative session that have shaken up how the state’s numerous and sometimes controversial homeowners associations operate.

The laws cover much more than the regulation of members’ yards. Now, all associations must follow open records and meetings laws, meaning they are subject to freedom of information requests, are required to give 72 hours notice before each board meeting and must take meeting minutes.

They now must obtain an expedited court order to foreclose on a house. And they must offer payment plans for their dues and follow new regulations for how they collect and apply payments.

–> Read Complete Story Here

Posted in HOA POA Law | Tagged , , , | 1 Comment

13 Helps Condo Owner Get Action From HOA

Posted on March 18, 2012 by Admin

By Loni Blandford
Water can cause quite a lot of damage when it leaks, especially if you are living in an apartment. So when it happened at one Valley condo, the owners turned to their Homeowner’s Association. But when they couldn’t get an answer, they turned to Action News.

“Apparently, there was a leak upstairs,” explained Darlene Castello.

Water started leaking into the Las Vegas condo owned by Darlene’s parents. It damaged the walls and even the carpet. So Darlene called the Homeowner’s Association for help. “I started calling daily. Leaving message after message after message,” said Darlene.

Darlene says she knew who she needed to speak with but he wasn’t returning her calls. “Nobody’s calling back. Let me talk to a supervisor. Well I’m sorry the supervisor is not available would you like to leave a message. I mean that’s all I ever got,” said Darlene.

Darlene says after three months with no response, she decided to call Action News. Our Call for Action volunteers reached out to HOA for her. To her amazement, it worked almost instantly.

–> Read Complete Story Here

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Texas Homeowner Association Laws

Posted on March 18, 2012 by Admin

By Bill Oliver
With more than 60 homeowners associations (HOA), the city of College Station TX is devoting staff time to staying on top of new state laws. Barbara Moore of College Station’s neighborhood services office says additional requirements for HOA’s will affect how she does her job. Before new laws took affect January 1st, Moore says they worked with recruiting and training new HOA officers. Now, she will be assisting HOA’s with complying with new open meetings and records requirements among other things.

Moore says a recent meeting with 80 HOA representatives and members of a HOA trade association generated some surprise from HOA leaders about the increased responsibility caused by new state laws.

–> Original Article Here

–> Link To Texas HOA Laws

Posted in HOA POA Law | Tagged , , | 1 Comment

Tomball TX Police Connects Homeowner Associations

Posted on March 18, 2012 by Admin

By Catherine Dominguez
Despite a small turnout, area residents along with the Tomball Police Department are moving forward with an initial email list to get local homeowners association leaders connected. Administrative Sergeant Rebecca Carlisle with the Tomball Police Dept. met with residents March 8 to provide them with information about what they can do to increase security in their communities and discourage crime.

Carlisle said it was important for local communities to establish an electronic system to communicate with each other, including using social media like Facebook and Twitter along with an email blast list. She also said it was critical for HOA officials to enforce HOA regulations, ensure landscaping is maintained and make sure all lights are working in their neighborhood. “This is up to (community members),” Carlisle said.

The meeting was organized by Councilman Mark Stoll, who lives in Spring Pine Estate of Zion Road. After recent reports of two scams in local subdivisions, Stoll decided to put aside his status as a councilman and help organize a community policing system.

–> Read Complete Story

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Legislator ‘oops’ on HOA Legislation HB-2160

Posted on March 9, 2012 by Admin

by Kathleen Stinson
Arizona House Bill 2160, authored by Scottsdale Republican state Rep. John Kavanagh and approved by the state House earlier this week, sets new standards for condominium and HOA board elections. It will now go before a Senate committee.

Kavanagh said his bill guarantees secret ballots, prohibits an HOA from including endorsements in official board mailings, prohibits counting ballots before the close of an election, allows for a representative from each candidate to observe the counting, and provides that any identifying information be placed on the outer envelope and not on the ballot itself.

Kavanagh said his bill does not require HOAs to disclose the vote counts to its members “because I never imagined an HOA not announcing the vote numbers.

–> Read Complete Article

Posted in HOA POA Law | Tagged , , | 1 Comment

Associa Announces Opening of Texas HOA Collections Service

Posted on March 8, 2012 by Admin

There was a recent news article that announced that – HOA Collection Services (HCS), an Associa company, launches this week in Texas and California, providing collection services to community associations.

“When community association Boards find collections services necessary, it is paramount to provide efficient, respectful service at a competitive cost,” said Paul Reyes, president of HCS.

Associa is the largest Homeowner Association and Property Owner Association companies in the United States and is moving into Canada and Mexico. It is a diversified company with branches in every aspect of HOAs, including homeowner association management, insurance, and now collections. Associa also owns a homeowner shopping enterprise, a political PAC, finance corporation,  .

At the same time that John Carona, owner and founder of Associa, was building up the company, he was also building up a political career. He is a Texas state Senator and his company, Associa, also founded a Political PAC – Associa PAC. Senator Carona currently serves as Chairman of the Senate Business and Commerce Committee, Joint Chairman of the Legislative Oversight Board on Windstorm Insurance and as Co-Chairman of the Joint Interim Committee to Study Seacoast Territory Insurance. He also serves as a member of the Senate Select Committee on Redistricting and the Senate Criminal Justice, Education and Jurisprudence committees.

Personal comment begins….. I don’t think that legislators, through their private corporation ownership, should be allowed ‘PAC ownership’. And, I really question the sanity of allowing legislators to own companies that would benefit from their own legislation, especially when they have a way to funnel their own company funds, through a political PAC, into their political candidate choices. This is just too much ‘ownership’ of enterprises that can effect every citizen in that geographic area.  I believe that this type of activity may be at the core of the ‘disgruntled voters’ in this country. …. end of personal comment.

What do you think?

Posted in Action Steps, HOA POA Law | Tagged , , | 1 Comment