Management Company dropped our Community

Our management company told us that they are dropping us as of 07/31/17. We do have an elected board members(pres., VP, sect & treasurer). But that is why the company is dropping us.......is because the president,the exact words from the company and they stated that the direction the president wants to take our community is not in compliance with our legal documents. They did say that if he ever gets off the board they would gladly have us back. What are our rights as of homeowners? what is our next step? Can we elect him off the board?

Thank you, AugustinD. Where do I find the Bylaws and Declaration? We are in the state of Texas.

Hi StephanieD5, places you might locate a copy of the Declaration and Bylaws:

1.
When you bought your home, these might have been included in the disclosure paperwork. Many states now require such disclosure.

2.
Phone or email the current business manager to email or mail you a copy, or arrange to pick up a copy.

3.
Ask a current board member for a copy.

4.
Call your county clerk and see if they have a copy. Many counties require the developer to file the Declaration, and sometimes Bylaws, with the Plat (map of the grounds) as part of the development process. Doing so is considered "official publication" to all those contemplating moving to the HOA. Meaning all buyers are presumed to be aware of the rules in the Declaration and Bylaws.

Your Decleration (CCR's) should be on file with your local County Records. Potentially if you purchased.a home in an HOA (in many states) this should have been supplied to you at the time of purchase ... If it is not done in your state that is potentially wrong and something you need to take up with your local State Legislators!!!

Your bylaws (if not on file with your Country Records) will be available through your HOA. Some states require these to also be filed ... so will depend on your state laws on where to look.

Stephanie

Since you are located in Texas, and assuming your are in a homeowners association, you have an absolute right to review and obtain copies of the Governing Documents of your Association from the Association, most likely through the management company. There is no need for you to search county records, request county records, or contact anyone else.

Your Association has to have in place a process by which you may request to inspect, and request copies of, Association documents. See Section 209.005 of the TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT better known as Section 209 of the Texas Property Code. Just Google Section 209 Texas Property Code.

My suggestion is you contact the management company and ask if they can send you a .pdf copy of your Bylaws, Covenants, Conditions, and Restrictions, any amendments, and any other guidelines the Association may have developed over the years. If electronic files can be sent, there likely will be no charge. If you desire paper copies there will be a charge, also spelled out in Section 209, for the copies and possibly the time it takes to make the copies. Of course if they are mailed to you, you will be charged postage.

I think it would be a good idea if you can find out exactly why the management company is terminating the contract. If your president and others on the Board are not making good decisions, it may be time, as others have suggested, to remove them from office by following the processes described in your Bylaws.

p.s. sounds like the MC is smart enough to send the wolves to the sharks

Hi Stephanie - You should have been provided a copy of the CC&R's when you purchased your property. Also the CC$R's should have been filed with the County Clerk in the County the subdivision is located in. Many Texas Counties now have an on-line portal when you can pull up and review the documents filed in the County. If they do not have an online portal you can request any records recorded against your property from the county also.

Texas law also mandates that members of HOA's be given an opportunity to review all legal documents that have been filed by the association - CC&R, Bylaws, ACC Rules and Regulations etc. We provide our members two locations to review and download copies of those documents (1) On the management company's website dedicated to our association and (2)On a closed Facebook site for our members.

If you wish to remove a board member the method of doing so will be in your governing documents.

You also have a right to review any correspondence between the management company and the board relating to the reason they wish to terminate the contract

hope this helps

True ... as long as those other guidelines do not violate CCR's they are good. I just wanted the OP to be aware of the fact that Amendments need to be filed to be legal and binding. Many who post here are not as HOA savvy as you are ...

The easiest place to find your governing documents is the same management company that would love to come back under the right circumstances.

Probably the most useful document in Steph's case would be the bylaws. But I don't think that most states require that they be recorded. If so in TX, amendments to the bylaws also would not be recorded.

In Texas, sellers of a home in an HOA are required to provide the buyer with a resale package which includes all the Association's governing documents. These should have been given to you at closing, probably on a CD ROM or jump drive.