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RogerJ1 (Texas)
Posts: 550
Posted:
Assuming a whole board stands down at once, I am not sure what the remedy would be but assume it would be tipping, maybe automatically fall, towards receivership.

Does anyone have experience or knowledge in this area, what is the legal catalyst that would make it official - would it take third party suits or what mechanism exactly would through the running of the association to a court?
ElleN (Idaho)
Posts: 4,420
Posted:
To put a Texas HOA corporation into receivership would require an owner (who is most likely going to be seen as a "stockholder') to file a petition for receivership in court.

A creditor could also petition a court to put a HOA corporation into receivership in order to get debts the HOA owes it paid.

More at https://statutes.capitol.texas.gov/Docs/CP/htm/CP.64.htm
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By ElleN on 03/26/2023 11:27 AM
To put a Texas HOA corporation into receivership would require an owner (who is most likely going to be seen as a "stockholder') to file a petition for receivership in court.

A creditor could also petition a court to put a HOA corporation into receivership in order to get debts the HOA owes it paid.

More at https://statutes.capitol.texas.gov/Docs/CP/htm/CP.64.htm

Thank you that is a good source.
SheliaH (Indiana)
Posts: 6,964
Posted:
Here's some other information you need to consider - note all of the following will make things considerably worse:

* If the judge agrees to put the association in receivership, he/she will appoint a receiver to supervise the association's affairs.

* The receiver only answers to the judge, not the homeowners, so if he/she decides to jack up assessments, you will have NO RECOURSE but to pay it. If you can't or refuse to, legal action kicks in to compel you to pay (and you know how that will end)

* The receiver's primary job is to see that the HOA pays its bills, so he/she may not have the time or desire to care about things like rule enforcement or exterior change requests

* Homeowners will also be responsible for paying the legal expenses related to all this, including the receiver's fee (which can be $200 an hour or more)

* Your property values will be flushed down the toilet because no one wants to move in a HOA where they have absolutely NO SAY in how things are run, and that's what happens in a receivership

I've been hounding you for some time to get off your duff and do something (or help your relative cope with his/her community - although I'm 90% sure we're really talking about you) - if this doesn't push you in that direction, I don't know what will. If the current board does decide or threaten to up and quit, I say rally together your neighbors for an emergency meeting (not at the library, because you've burnt your bridge there), You need to elect another board so the association can at least try to pull itself together to avoid receivership. Assuming this is your neighborhood, you may as well volunteer for a spot. If you wind up with a new board, job one should be to get the association's financial records audited to check for fraud, and make sure the departed (board, that is) gives up all keys to community property, if applicable and remove them from the signature list at the association bank. Once you see where you're at, reconsider the property manager's status (start by reading the contract), and then make your decision. It may be helpful to start with a performance improvement plan to prompt them to get their shit together within 6 months or so. while that's going on, it's ok to send RFPs to potential replacements - there are several conversations on this website about best practices in that regard. If you decide to make a change, you'll need to set up a realistic transition plan.
There are educational materials on the CAI about all this stuff - may be worth your time to invest in a few and educate yourself on what's required.

There will likely be more drama before all this settles down, so prepare yourself and everyone else. Good luck in whatever you and your community decides to do.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,062
Posted:
I have no personal experience on the topic.

Here are some articles I found:

HOA Financial Matters: What's Receivership, and When Do Condo and Homeowner Associations Need It? from HOA Leader

FAQ - Fixing A Troubled HOA: Dissolution, Receivership, or Something Else? from a management company

CHAPTER 64. RECEIVERSHIP from TX statutes

What Happens to an HOA with No Board? from a management company

Ten HOA law gotchas from TX bar association

The main theme in all of them - Receivership Is A Last Resort
MichaelT21 (Arkansas)
Posts: 200
Posted:
I just want to say that ElleN seems to have a lot of legal knowledgable about stuff and eager to share.

Reminds me of another poster, AugustinD, who sadly left us a while back.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MichaelT21 on 03/27/2023 11:27 AM
I just want to say that ElleN seems to have a lot of legal knowledgable about stuff and eager to share.

Reminds me of another poster, AugustinD, who sadly left us a while back.

One and the same. or did that go over your head?
MichaelT21 (Arkansas)
Posts: 200
Posted:
Quote:
Posted By MaxB4 on 03/27/2023 11:55 AM
Posted By MichaelT21 on 03/27/2023 11:27 AM
I just want to say that ElleN seems to have a lot of legal knowledgable about stuff and eager to share.

Reminds me of another poster, AugustinD, who sadly left us a while back.


One and the same. or did that go over your head?

I wonder if ElleN is from Arkansas.
KerryL1 (California)
Posts: 14,550
Posted:
HaHa, Max (smirk); it took you a while to catch on. Your incessant unclear snipes at MichaelT are boring and uncivil. Stop it.
KerryL1 (California)
Posts: 14,550
Posted:
HaHa, Max (smirk); it took you a while to catch on. Your incessant unclever snipes at MichaelT are boring and uncivil. Stop it.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By KerryL1 on 03/28/2023 11:58 AM
HaHa, Max (smirk); it took you a while to catch on. Your incessant unclear snipes at MichaelT are boring and uncivil. Stop it.

I knew the lady with a dress was Augustin from the get-go. Don't EVER lecture me!

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