💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RogerJ1 (Texas)
Posts: 550
Posted:
Posters often offer letter/email writing samples for specific situations. I am hoping some could do that now.

Situation:

Under Texas Property Code, a recount of a recent POA election was requested within the legal time frame. The Board produced an invoice for the estimated cost of the recount, as directed by the law and within the legal time frame. That invoice was paid by the requesting party within the legal timeframe.

Per the law, after that recount cost invoice is paid the Board has 30 days to complete the recount (not just contact but have the recount performed and finished.) The law: "(d) On or before the 30th day after the date of receipt of payment for a recount in accordance with Subsection (b-2), the recount must be completed and the property owners' association must provide each owner who requested the recount with notice of the results of the recount."

It is fast approaching 30 days since the recount estimate invoice was paid and the Board has gone dark on the issue - no correspondence related to the requester asking for updates. Based on the complexity of the recount criteria I doubt our small Association will be able to complete it but they have a few more days, so we shall know soon.

Also during this recount request process, a management company was hired when previously the Association was self-managed. The requester does not know if the management company knows anything about this, but based on things this Board has done the odds are high the management company knows nothing about it.

In a few days that 30 days will pass. Right before the 30 day deadline passes, if the recount was not done or no update on it, the requester is going to contact the management company to check on the process since the Board is ignoring any inquiries (there has been nothing from the Board since it sent the estimated cost invoice and several requests for updates have been made.)

Considering it is not known whether the management company even knows about the recount request , will someone offer templates/ideas on what should be written to the management company post-deadline for the recount?

BillD16 (Texas)
Posts: 973
Posted:
My iPad ate the draft I prepared. I’d just like to mention that work items that are due on a deadline will often show up *precisely on that deadline*. Not always. But the Board probably doesn’t feel the need to supply you with friendly updates or progress reports.

Good luck!

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By RogerJ1 on 04/13/2022 7:57 AM

It is fast approaching 30 days since the recount estimate invoice was paid and the Board has gone dark on the issue - no correspondence related to the requester asking for updates. Based on the complexity of the recount criteria I doubt our small Association will be able to complete it but they have a few more days, so we shall know soon.

Also during this recount request process, a management company was hired when previously the Association was self-managed. The requester does not know if the management company knows anything about this, but based on things this Board has done the odds are high the management company knows nothing about it.

In a few days that 30 days will pass. Right before the 30 day deadline passes, if the recount was not done or no update on it, the requester is going to contact the management company to check on the process since the Board is ignoring any inquiries (there has been nothing from the Board since it sent the estimated cost invoice and several requests for updates have been made.)

Considering it is not known whether the management company even knows about the recount request , will someone offer templates/ideas on what should be written to the management company post-deadline for the recount?
I advise against communicating before the deadline passes.

Post back when the deadline does pass.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Not to be too snarky, but the text will depend in part on whether the recount and follow-up emails are good faith requests for information or are designed to nail the HOA and board for not following the law. It will also depend on whether you've gamed this out and are proceeding to a goal or if you're waiting on the requested info to decide on next steps.

In either case I suggest:

* quote the relevant law verbatim

* summarize the time line, with dates, steps taken so far, and deadlines according to the law

* repeat the request for info (with another deadline?)

* summarize the next steps you'll take if the info isn't forthcoming (if you've determined these already). May want to skip this if you're thinking about lawyering up and you don't want to telegraph your moves.

I think it's appropriate to copy the management company, regardless of whether they're new or not, and regardless of whether they know about this already or not. It's very likely that the work will fall on them, so they deserve a heads up.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Roger

Were I the MC that took over after the election and an election recount was asked for,
my reply would be it happened before my time so not my issue.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JohnC46 on 04/13/2022 8:18 PM
Roger

Were I the MC that took over after the election and an election recount was asked for,
my reply would be it happened before my time so not my issue.

Maybe. The current MC certainly wouldn't be accountable for the previous MC's actions - but if maintaining records is part of their duties, I can see why they would be involved in this.

But others may have different opinions...
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By JohnC46 on 04/13/2022 8:18 PM
Roger

Were I the MC that took over after the election and an election recount was asked for,
my reply would be it happened before my time so not my issue.

The management company was not contracted during the election in question, but the management company WAS under contract, with the Association, when all these events occurred: 1) formal, and initial request for a recount, 2) invoice for the estimated cost of a recount prepared and sent to requestor, and 3) the requestor paying that invoice. Again, all aspect of a recount request took place when the management company was under contract.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By RogerJ1 on 04/14/2022 12:31 PM
Posted By JohnC46 on 04/13/2022 8:18 PM
Roger

Were I the MC that took over after the election and an election recount was asked for,
my reply would be it happened before my time so not my issue.


The management company was not contracted during the election in question, but the management company WAS under contract, with the Association, when all these events occurred: 1) formal, and initial request for a recount, 2) invoice for the estimated cost of a recount prepared and sent to requestor, and 3) the requestor paying that invoice. Again, all aspect of a recount request took place when the management company was under contract.

Who conducted the election and was ALL materials turned over from the previous management company or the firm or individual(s) that actually conducted the initial election. A trip to the dentist is less painful that getting records from a previous management company.

I just took over a new HOA where the previous management company stole from the HOA and the insurance company said you have no case.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here