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AmyM2 (Texas)
Posts: 5
Posted:
The homeowners in my neighborhood are starting to fight the HOA. We have paid dues for 4 years and not ONE DIME can be accounted for. I told the President of the Association, today, that I wasn't paying until they kept up their end of the contract and maintained our neighborhood.
He got really angry and hostile with me and told me I HAD TO PAY. I said, I dont HAVE to do anything. I told him that I wanted (along with most of the homeowners)the HOA disbanned, dissolved, whatever. He said, Texas requires us to have an HOA. Its the LAW.

Is this true? Because our management office said that if we got 70% of the homeowners to vote it out, we didn't have to have an HOA.. but now he is saying its the LAW. Whats true?
RogerB (Colorado)
Posts: 5,067
Posted:
Amy, read your Declaration of CC&Rs which should have been provided before or at closing when you took title to your property. If the CC&R have a manditor assessment you better pay or it could cost your dearly. With manditory assessments the CC&Rs should provide for whether or not the HOA can be dissolved. If you have an HOA, members have the right to review the financial documents.
AmyM2 (Texas)
Posts: 5
Posted:
Yeah... I know that... That wasn't my question. I don't need someone coming here and telling me to pay. We have asked for documentation of all our dues and what they were used for.. they said they have NO DOCUMENTATION.

My question was... are HOA's mandatory in the state of Texas. I would appreciate an answer to that, not a lecture about not paying dues.
There are homeowners that haven't paid their dues since day one (4 years ago).. they are still living happily in their homes.. its not going to cost me.. not right now anyways. They said only 20% have paid their dues and there are about 10% that still haven't paid from previous years.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By AmyM2 on 09/27/2007 11:56 AM
My question was... are HOA's mandatory in the state of Texas. I would appreciate an answer to that, not a lecture about not paying dues.

As I Previously stated: "Amy, read your Declaration of CC&Rs which should have been provided before or at closing when you took title to your property." They are manditory if the CC&Rs provide for assessments.
AmyM2 (Texas)
Posts: 5
Posted:
You don't understand the question. I am NOT asking if my DUES are mandatory by the HOA. I UNDERSTAND THAT THEY ARE PER MY DECLARATION.

I am asking if anyone knows if HOA's are MANDATORY FOR EVERY SINGLE NEIGHBORHOOD IN THE STATE OF TEXAS. The management office that handles our payments said that if we, as a neighborhood, wanted to disban the HOA and not have one anymore, we would have to get the signatures of 70% of the homeowners.
The president of our HOA (a HOMEOWNER JUST RECENTLY ELECTED 3 WEEKS AGO) says that the state of TEXAS requires every home in the entire state of Texas to be governed by an HOA. This, I believe is NOT TRUE. My sister lives in a neighborhood 2 blocks from me and they have NO HOA.

I searched on the internet to see if our state DOES require an HOA for every home, neighborhood, whatever in the state.. but can't find anything.

AGAIN, I AM NOT ASKING IF MY DUES ARE MANDATORY... I am asking if having an HOA is mandated by the STATE.

Geez... get a grip and read the entire message.
RogerB (Colorado)
Posts: 5,067
Posted:
Amy,
Not all homeowners in Texas are members of an HOA, but that has nothing to do with your HOA. For the third time, READ YOUR CC&Rs. Your answer is there as to whether or not your HOA can be terminated; and if possible when and how.
AmyM2 (Texas)
Posts: 5
Posted:
AND LIKE I SAID... I have read my CC&R's. And the management company says we can terminate... but our President is saying we can't because its the STATE LAW.. not the BYLAW, the STATE LAW.. Like the State of Texas won't allow us to terminate. It has nothing to do with the BYLAWS.
NancyD1 (Florida)
Posts: 447
Posted:
Roger,

Give up, she's a lost cause.
JanM (Texas)
Posts: 142
Posted:
I understand the question perfectly. I live in TX also and NO it is NOT state law to have an HOA. It does not matter what it says in your CCRs, state laws supercede CCRs. Check Tx Non-Profit Corporation Act aka Vernon's Texas Civil Statutes Article 1396-6.01-07. Hope this helps.
AmyM2 (Texas)
Posts: 5
Posted:
THANK YOU JAN! Obviously, Nancy and Roger are the lost causes!

You understood the question and gave me a resource to provide to my HOA president giving his claim no validation. THANK YOU AGAIN. Maybe its just because they are not from Texas.. I guess we speak a different language here that they don't understand. ENGLISH.

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