GeneG3 (Arizona)
Posts: 29
Posts: 29
Posted:
In texas, during an appeal, does the board have to provide you their investigation ie., video or pictures of which they based their violation for.
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Violation appeal
Started by GeneG3 • 12 replies • 318 views
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ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By GeneG3 on 02/16/2023 10:17 PM
In texas, during an appeal, does the board have to provide you their investigation ie., video or pictures of which they based their violation for.
In texas, during an appeal, does the board have to provide you their investigation ie., video or pictures of which they based their violation for.
In my opinion if the board adjourns the hearing to go into executive session to consider the HOA's version of things vs. the owner's version, and then considers evidence that was not presented at the hearing, then the board is violating TPC 209.
GeneG3 (Arizona)
Posts: 29
Posts: 29
Posted:
This is stand alone homes. During appeal meeting with board,, the hoa president said he viewed a video which was the evidence for his violation of wihich i was appealing, i asked to view the video and he said he didnt have it and he didnt have to let me see. The person who has video, is the homeowner in community who complained and said i did something and he video taped me doing it. I adamantly denied the hoa president having any evidence, the board did not adjourn to discuss, but during my appeal while in my meeting, rescinded the violation. I can only assume, the hoa president really never saw the video and the homeowner was lying. But i was just curious, if it was my right to see the evidence against me, or was the president correct in telling me, he didnt have to show me anything.
GeneG3 (Arizona)
Posts: 29
Posts: 29
Posted:
This is stand alone homes. During appeal meeting with board,, the hoa president said he viewed a video which was the evidence for his violation of wihich i was appealing, i asked to view the video and he said he didnt have it and he didnt have to let me see. The person who has video, is the homeowner in community who complained and said i did something and he video taped me doing it. I adamantly denied the hoa president having any evidence, the board did not adjourn to discuss, but during my appeal while in my meeting, rescinded the violation. I can only assume, the hoa president really never saw the video and the homeowner was lying. But i was just curious, if it was my right to see the evidence against me, or was the president correct in telling me, he didnt have to show me anything.
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
Since the violation was dropped (rescinded), I recommend you do the same thing--just drop any further dialog with the President/Board regarding the incident and walk away.
GeneG3 (Arizona)
Posts: 29
Posts: 29
Posted:
I agree but i was just curious to their being correct in not providing me to see that evidence as this hoa is a liitle bit wonky on how they do things - although they rescinded the violation the prez said he saw video that i actually did something - it doesnt make sense to rescind something of which you say you have evidence.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By GeneG3 on 02/17/2023 1:10 PM
I agree but i was just curious to their being correct in not providing me to see that evidence as this hoa is a liitle bit wonky on how they do things - although they rescinded the violation the prez said he saw video that i actually did something - it doesnt make sense to rescind something of which you say you have evidence.
I agree but i was just curious to their being correct in not providing me to see that evidence as this hoa is a liitle bit wonky on how they do things - although they rescinded the violation the prez said he saw video that i actually did something - it doesnt make sense to rescind something of which you say you have evidence.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
To be fair, the board should show evidence if it exists. It looks like the other board members felt the same way. Going forward, they might decide to present such evidence - if they do it when the initial letter goes out (time and date stamped), homeowners can see the problem. It might prevent frivolous complaints because people would actually have to show proof.
In the meantime, perhaps you can sit down with your neighbor and squash whatever you're beefing about. A friend who knows and likes you both might serve as mediator.
In the meantime, perhaps you can sit down with your neighbor and squash whatever you're beefing about. A friend who knows and likes you both might serve as mediator.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Good advice from Shelia.
Our own Rules & Regs state the Board will present its evidence to the alleged violator and our boards follow this governing doc (in my assn.). And your state code says so.
In TX, must a hearing be convened only from adjournment of an open meeting . Or may hearings be held at the convenience of the Board and alleged violator?
Our own Rules & Regs state the Board will present its evidence to the alleged violator and our boards follow this governing doc (in my assn.). And your state code says so.
In TX, must a hearing be convened only from adjournment of an open meeting . Or may hearings be held at the convenience of the Board and alleged violator?
BarbaraT1 (Texas)
Posts: 821
Posts: 821
Posted:
Quote:
Posted By GeneG3 on 02/16/2023 10:17 PM
In texas, during an appeal, does the board have to provide you their investigation ie., video or pictures of which they based their violation for.
In texas, during an appeal, does the board have to provide you their investigation ie., video or pictures of which they based their violation for.
In the 2021 legislative session, the Texas state legislature amended the state property code to require the board of directors to provide the property owner a packet containing all evidence of the violation to be presented at the hearing at least 10 days before the hearing and it extends the hearing date automatically if the board fails to timely produce the packet of evidence.
If the video was "evidence" of the violation, and would be used to prove the violation at your hearing, they should have provided it to you ten days prior.
Another 2021 amendment to the code allows you to sue your association in JP court for failing to follow the property code, but since they dropped the violation it is probably moot.
GeneG3 (Arizona)
Posts: 29
Posts: 29
Posted:
I sure wish i would have better reviewed and researched more prior to my appeal meeting. The HOA president acts all knowing and treats me, with no respect. Im just trying to figure out how to educate him to how bad he has screwed up, even from day 1, in ever sending me a violation, to how the entire matter was handled, all the way to my appeal, which he didnt follow the house bill. Maybe an atty letter will get the job done.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
You could spend the money on an attorney - or you can simply write a letter to the board expressing how you feel. Considering the matter was dropped, I think you should take Bill's advice and move on. For all you know, this has already been discussed in executive session. Watch and see what happens the next few months - if there's no more drama, celebrate the win.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BillD16 (Texas)
Posts: 971
Posts: 971
Posted:
Quote:
Posted By ElleN on 02/17/2023 1:59 PM
You posted the rescission took place during the appeal hearing. It sounds to me like the rest of the board did not like the President's refusal to share the video and as a result, threw out the violation. Posted By GeneG3 on 02/17/2023 1:10 PM
I agree but i was just curious to their being correct in not providing me to see that evidence as this hoa is a liitle bit wonky on how they do things - although they rescinded the violation the prez said he saw video that i actually did something - it doesnt make sense to rescind something of which you say you have evidence.
I agree but i was just curious to their being correct in not providing me to see that evidence as this hoa is a liitle bit wonky on how they do things - although they rescinded the violation the prez said he saw video that i actually did something - it doesnt make sense to rescind something of which you say you have evidence.
I’m with BillH on this one. It is a 100% certainty that you have better things to do with your time than play NIGYYSOB on the Board President.
But ElleN’s interpretation of events rings true to my ears. Have you talked to any of the other Board members? I’d recommend that you *not* stir the shit - but you might find it pleasant to learn how the rest of the Board feels about Mr. President. I think it is not uncommon for an appeal to lead to a rescission (because everyone on the Board agrees to let the person off the hook); but rescission because the majority of the Board disagrees with the Board member that is leveling the charges? That implies conflict amongst the Board members.
Also: Recission is the name of my Excision cover band.
Bill
HOA Board ex-President
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
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