homeowners reclaiming hoa

What do your governing documents say about fines? Do they permit the board to set rules and levy fines?

How many people make up your board of directors? How many of them are "trouble"? If you have enough signatures for a petition to recall directors, you should have no problem just voting them out at the next member's meeting when elections are held.

Banning swim toys is a reasonable rule and one I wish we had here. Old dried out and flaking pool noodles have caused hundreds of dollars worth of damage to our pool pumps and filters over the last few years. But that's your HOA's decision, I'm just pointing out that banning them is not on its face unreasonable.

I don't know what a splash pad is. Sounds like a street corner in NYC where they put a spray cap on the hyrdrant for the kids to play in. In any case, if your CCRs say the splash pad is an amenity the board is responsible for then you're right to question why they put a fence up around it to prevent people from using it.

If you can get enough people on the board you will be able to change the rules you don't like and take down the fence around the fire hydrant. You don't need a lawyer to stand for election at the next meeting where elections take place. It sounds like you're halfway there if enough people are willing to step up. That's half the battle.

What JohnC46 is true. My board likes to blur the lines between board meetings and members meetings. They are two fundamentally different things.

Directors would certainly be entitled to attend a members meeting since they are also owners/members. They just wouldn't be able to act in their capacity as "the board". At least that's how it's supposed to work. The members are entitled, at a members meeting, to select who they want to run the meeting. Often the president will automatically assume that role, but it's not really appropriate unless the members assent.

As Geno said:

Directors would certainly be entitled to attend a members meeting since they are also owners/members. They just wouldn't be able to act in their capacity as "the board". At least that's how it's supposed to work. The members are entitled, at a members meeting, to select who they want to run the meeting. Often the president will automatically assume that role, but it's not really appropriate unless the members assent.

I have attended (or even seen) one Member Called Special Meeting. The BOD did try and take it over. Good thing the callers had their attorney attend. He basically explained the procedure and guided the callers. Even the BOD attorney (he was there) said the callers attorney was correct. Had the callers not had their ducks in a row, it would have been a fiasco. with nothing accomplished.

Others are giving you good advice, Cathy. It's cheaper & easier to wait for the next election, put forward some strong candidates and win!

Are you sure your HOA is 806 homes--that's doesn't sound "small" to me! Don't you have a property mgr.?

You need too learn if your current Board's fining policy is even legal in TX. Some state, like CA, require written summons to a board hearing, etc. where the alleged offender can explain their side of th story to the boar. We cannot simply fine someone!

Hello,
Thank you for your reply, our docs say majority of the homeowners and we can change the board.

Texas law says they can be appointed when one leaves the board, it was operating at three (which our docs said was ok), but one wanted his wife on so they appointed two during a regular meeting, then she chased off one and we had quorum at the annual meeting but only one guy said he would be on the board (one they hand picked)

I'm not complaining, I am trying to find the best way to handle this without get tons of fines slapped on everyone who signs the petition, which is ready to go. I was on the board for 5 years, retired, then voted back on, but when he started talking about his wife being on the board and adding another person ( I was out numbered, so I resigned - she had harassed me for the five previous years and I did not want to put up with her).

I referred to their age because they are against anything that families would like to do (Easter egg hunts, open access to the Splash pad, ect.)

The new fining policy was not announced to the homeowners the only reason I found out about it was another homeowner contacted me asking if it was legal. (She received a letter stating that the 6 inches missing off the bottom of a fence picket was an annoyance to neighbors, and she that she was fined $50) So while looking into it I found the new policy. Which reads: see the attachment

Our docs say that with a majority (no number included) homeowners can remove any or all board members. This I have checked on several times.

They closed it off saying people were damaging it and so now it can only be used under lifeguard supervision - it was available year round because in our part of Texas we have two cool months the rest warm to very hot.

Of the 806 (four would be from separate homes so out of 802 - I personally know of 200.

My neighbors were find $50 for a broken fence picket, $175 for a dent in the garage door (6" in length about a foot up from the bottom., basketball incident), $795 because she chose teal a pot color, and there are others.

We have a management company which would continue to handle the billing and other things necessary, I don't have a problem there - we are not going to self-manage. The ones who are tired of it our in their forties and fifties, so it will not be one big party, but a more inviting and more homeowner friendly place to live.

Yes very sure it is only 806 homes - I was on the board for 5 years before all this happened, which is why so many homeowners still come to me for advise.

We would wait for the next election but Texas said she gets to stay on till the term she filled is up and that is not till 2016, we will all be fined to death by then (tongue in cheek)

I am looking into whether or not it is legal - I would have hoped that the lawyer who wrote it would have said something if it were not legal, but they do what they are paid to due legal or not. I say that because this board is currently fining a homeowner $200 a day till he fixes a fence which has no damage and is not even on HOA property, they have threatened a lawsuit if he fix his unbroken fence.

I have had one Texas lawyer tell me that they can fine you if they call you in explain the fine and have sent out the new policy to everyone. They have done none of that - but I haven't found what he said in writing yet.

Cathy

From what you have posted it would appear you already understand the challenge you face in working to remove this entire board.
To be honest, your explaination that you were on the board and allowed yourself to be forced into resigning suggests to me there is a limit to how much you will do. My guess beginning an effort to remove this board will require more effort and discomfort than holding a board position.

Prepare and plan for the worst and expect it!

It seems you want change but are hesitant to make the effort that might be necessary to get that same change. Better consider that before you move forward.

Whether successful or not these elderly folks will be your neighbors going forward I either as board members or homeowners. You should expect conflict with them going forward.

Time, consequences and cost should all be considered. And as you have 200 people, some of whom will not follow through, you have your work cut out for you.

Some of the issues you raise don't seem all that out of line to me. Swim aids can give a child a false sense of security in a pool. Leading them to believe they can safely venture into water over their heads. This could become a safely and liability issue for the property should an accident occur. The pad can be used under lifeguard supervision to protect the equipment and the kids using it seems reasonable.

Your fine policy includes fine amounts not out of line the only problem I have would be the use of daily fines. Seems unreasonable to me and difficult to enforce in a fair and consistent manner.

On what grounds do you plan to suggest to the homeowners that it is necessary for them to vote to remove this board? From what you have cited at the pool and its operation not enough to raise the wrath of most homeowners. And the fines while questionable will in most cases only affect those that have been fined. Most others won't concern themselves with that. Not the substance necessary to run a successful recall effort in my view.

Removing a board through a special election or through regular election cycles requires a great deal of effort. I have removed an entire board, two MCs and Imhave also faced a recall effort. This is not something you do in your spare time or if you find confrontation unpleasant.

Best to consider how much support you really have, who and how many will really support your efforts, and who is willing to pay the almost certain consequences of taking part in such an effort, Along with any $$$$$$$ costs of having legal representation. Lots of people when asked talk the talk when pushed or confronted many fail to walk the walk.

I removed a board President and VP who were in office for more than 2 decades. It was certainly not easy or simple. And the affects of the dislike the President had for me lasted almost to the day he died. With the exception of one day just before his passing when he and his wife were returning home and due to medical issues he was unsteady and shaky on his feet. Making the walk into his home he stumbled and began to fall. His wife is a smaller woman who was unable to carry his weight. As luck would have it that day at that time I was walking through the parking lot. I got over to him as quickly as possible grabbed him and carried him to his front door. Stood him by the door where he turned and looked at me in the eyes and said. "Thank you Jon."

A short time later his wife spoke to me asking whether I had helped him or did what I did to help her. My answer, I did what I did for me. In my mind, whoever he was he needed help and helping him that day was the right thing to do. And although he took personal offense to my efforts to remove him from the board years earlier, for me it was never personal. It just had to be done for the good of the property. Maybe or hopefully on that one day he came to understand that.

But I have to wonder were the roles reversed what would he have done? Not that it would matter but I have to wonder......

Ah, you must be in the part of Texas where there isn't a drought. Could that possibly be why they shut off the pad?

First Glen, no drought here just flooding.

Jon, your right, I prayed about it and will let those being fined fight, I spoke to the constables and they said file the harassment report (so that it is there) and I'm on the mud board, where I get to deal with adults, so I am still getting to help people but on a much larger scale now and I feel great about that - and they show appreciation there. I was once told family first, all else will fall into place, and evil will fall away.

Thank you, I will let him know.

Want crazy weather check out El Paso, 10" of smow/hail and rivers running off the mountain all on July 10th, 2015.