CW5 (Texas)
Posts: 11
Posts: 11
Posted:
Our original POA Bylaws (25 years+ old) state that homeowners "may" pay dues into our association for the maintenance of common areas which include several recreational areas surrounding a private lake, an airstip, small golf course, horse stables, tennis courts and pool. Yet in 2005, our Board changed our deed restrictions to state that "Each owner of lot(s) in the subdivision are required to be members of the association and shall pay maintenance fees accordingly" and that the association "are granted the authority to file liens against any lot(s) and builing improvements for delinquent payment of homeowners fees".
How can this be legal if 1) the majority of homeowners did not vote; and, 2) this was enacted AGAINST the current bylaws.
Also, our current Board refuses to provide access to books and all paperwork; the deed restrictions state that the Board will operate under "Roberts Rules of Order" but do not; enact all decisions and vote without any input from the floor; refuse to recognize anyone at the meetings who bring up issues that they don't want to hear; refuse to maintain common areas that they do not have an interest in, i.e., anything other than the airstrip and golf course which are used by less than 2% of the residents as a whole. There are so many other issues, far too many to list here, that are considered good reason to remove them, but they have strong-armed so many of the residents into turning over their deeds in lieu of paying back POA dues and file suit against other members who effectually become a squeaky wheel with libel and slander allegations. Most members either pay and don't participate because of the disorganization or don't pay out of frustration.
We do not have the funds to hire legal help in all of this mess either, and none of the state agencies will touch without charges being filed! We are currently at a loss and have created a civic association to try to band together enough votes to do something, but still are refused to be recognized!
How can this be legal if 1) the majority of homeowners did not vote; and, 2) this was enacted AGAINST the current bylaws.
Also, our current Board refuses to provide access to books and all paperwork; the deed restrictions state that the Board will operate under "Roberts Rules of Order" but do not; enact all decisions and vote without any input from the floor; refuse to recognize anyone at the meetings who bring up issues that they don't want to hear; refuse to maintain common areas that they do not have an interest in, i.e., anything other than the airstrip and golf course which are used by less than 2% of the residents as a whole. There are so many other issues, far too many to list here, that are considered good reason to remove them, but they have strong-armed so many of the residents into turning over their deeds in lieu of paying back POA dues and file suit against other members who effectually become a squeaky wheel with libel and slander allegations. Most members either pay and don't participate because of the disorganization or don't pay out of frustration.
We do not have the funds to hire legal help in all of this mess either, and none of the state agencies will touch without charges being filed! We are currently at a loss and have created a civic association to try to band together enough votes to do something, but still are refused to be recognized!