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BarbaraK8 (Texas)
Posts: 1
Posted:
Our HOA was turned over to the residents on Jan. 2011. Since then our HOA and the elected Board has NOT been working with BY-LAWS. . . We had none, so the residents were told.

The budget was not voted on by the residents when the new president elect had the general meeting in Feb.2011. The residents were just told here it is. Which it shows the board is spending more than what is taken in.

When the HOA was turned over by the Developer, he also turned over a debt of $64,000. along with it. He turned it over to the president elected. She just excepted it without any legal advise #1. . #2. she didn't tell the other board members, until after the fact. #3. She didn't inform the residents of the debt, we might have voted to leave it with the developer.

When residents ask questions about the HOA, expenses, debt, and repairs, we're not given any answers. Complettly ignored from the board and president.

We have no rights, since there isn't any BY-LAWS to go by. This person who is President is doing as she pleases with no say so by the residents.

Thank you,
Barbara Kay

TimB4 (Tennessee)
Posts: 21,059
Posted:
Hi Barbara,

Sorry to hear about your issues.

I'm also concerned on one statement in your posting:

Quote:
Posted By BarbaraK8 on 09/12/2012 8:09 AM

We have no rights, since there isn't any BY-LAWS to go by.

You do have rights. You have rights as outlined in your Deed Restrictions (aka Declaration of Covenants). You have rights in various State laws.

To be more specific:
TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT
and
BUSINESS ORGANIZATIONS CODE, NONPROFIT CORPORATIONS

Bylaws only specify procedures the Board must follow when doing certain things. These procedures are typically derived from the CC&Rs and applicable State laws.

I agree that the President shouldn't have accepted the debt without evidence it was truly an Association debt and not a developers debt. Additionally, it should not have been done without a vote by the Board.

Was the Board elected by the membership or appointed by the declarant?

What right do you believe the Bylaws will provide?
SheliaH (Indiana)
Posts: 6,964
Posted:
You say the Board was elected, so there have to be some bylaws somewhere - if you didn't receive anything at the time of the takeover, check if something was filed with the state or county (recorder's office or secretary of state, maybe?)

Now, as for the Board president (and everyone else on that board), it appears you and the other homeowners will need to band together and DEMAND answers and if she/they refuse to provide them, you may have no other choice but to get an attorney and take legal action. It's often said here that suing a HOA is suing yourself, which I agree with, but if the president doesn't cooperate, you have to do what's necessary.

If she does provide the information, review it carefully (maybe there's a way the debt issue can be renegotiated). In any case, I think you folks need to get rid of this group and start over with a new board. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
PaulT6 (California)
Posts: 409
Posted:
Quote:
Posted By TimB4 on 09/12/2012 9:01 AM
Hi Barbara,

Sorry to hear about your issues.

I'm also concerned on one statement in your posting:

Posted By BarbaraK8 on 09/12/2012 8:09 AM

We have no rights, since there isn't any BY-LAWS to go by.


You do have rights. You have rights as outlined in your Deed Restrictions (aka Declaration of Covenants). You have rights in various State laws.

To be more specific:
TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT
and
BUSINESS ORGANIZATIONS CODE, NONPROFIT CORPORATIONS

Bylaws only specify procedures the Board must follow when doing certain things. These procedures are typically derived from the CC&Rs and applicable State laws.

I agree that the President shouldn't have accepted the debt without evidence it was truly an Association debt and not a developers debt. Additionally, it should not have been done without a vote by the Board.

Was the Board elected by the membership or appointed by the declarant?

What right do you believe the Bylaws will provide?

Barbara,

After briefly reading the Texas Act It is my opinion that you and your fellow members bite the bullet and hire an attorney experienced in HOA matters, at least for a preliminary consultation. However, before doing that I suggest you advise your President and other Board Members, in writing, that their lack of co-operation, if continued, will force you and other Members to take such action.

Paul T

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