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DavidB10 (Texas)
Posts: 2
Posted:
We are in need of some serious help. Our homes were built in the last 2 years. Soom homeowners were told that there is no HOA. The original president was not voted in. He said he was mailed the HOA information and was instructed to collect unpaid dues. He was also instructed to have a meeting and try and get members voted in to do various jobs. We are a small community of approx 32 homes. The original president did very little as far as collecting dues and getting matters taken care of. The only committments that we have are maintaining front landscaping,water meter, and street lighhting. The original president moved out of the neighborhood without having a meeting to elect a new president. I along with another neighbour meet with the presidet and we had a new bank account open so we could pay maint bills and collect passed dues owed. We plan to have a meeting as soon as weather permits and the majority of the neighbours can get together. We have soom neighbours whom just plain do not want to see the HOA survive. We have one neighbour who has sent out a letter stating the the HOA is not legitimate. The Bylaws that we have are not complete and some homeowners did not get anything at all at closing. How do we go about proving that there is or is not a legitimate HOA? We do have a piece of paper that the developer sent to the original president stating that the HOA is mandatory and not voluntary. Also whom is the HOA regulated by? Would it be the state of Texas, Collin County, or the city of Princeton Tx? Any information that could help us get this HOA up and running would be greatly be appreciated. Also is there any place on the internet to find a list of Texas recognized HOA's ? Thank You
AllenP1 (Oregon)
Posts: 10
Posted:
I'd suggest hiring an attorney that specializes in HOA issues. It'll be expensive, but they can outline the course of action to properly get your HOA in order.
RogerB (Colorado)
Posts: 5,067
Posted:
David, you can go to the texas secretary of state website and look for the name of your HOA. If incorporated, it will be listed with the articles of incorporation and current status available. You didn't mention whether you have a copy of the Declaration of CC&Rs. If not ask for a copy from the Developer and if necessary coordinate your efforts with the Developer. You can also get a copy from the CC&Rs from the County Clerk and Recorder's office. If you are allowed to collect delinquent assessments you definitely have a manditory HOA. For your upcoming meeting begin by following your current By-laws to the extent possible. Set up a committee to draft proposed amendments to the By-laws to be presented at a future meeting. If allowed elect Board members at this meeting. You apparently already have temporary Board members who are signing checks.

The HOA is regulated by the CC&Rs, By-laws, any Rules and Regulations established by the HOA; and any city, township, county, state, and federal rules which apply. I am not aware of anywhere to find a list of TX HOAs.

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