BobbyB4 (Texas)
Posts: 4
Posts: 4
Posted:
I bought my lots in a POA in East Texas a few years ago. I received my copy of the CCR and By-Laws by mail through a property investment company. They received these files from a board member through email. Me and some other residents have been talking and comparing what our CCR and By-Laws say and some get confused because the copy they have does not match the copy of the another. So, I went to the county and paid for a copy right from the legal source. This is what I found:
At the county I paid for these copies, they are as follows:
The Amended By-Laws on file at the county were revised 06/27/2015 and filed on 07/13/2015, the Amended CCR's on file with the county were revised 06/22/2019 and filed on 07/10/2019.
The copy I have that was emailed to me and others are as follows (and I am sure there are other copies like this out there):
The Amended By-Laws were revised 06/23/2018 and no stamp for filing. Just the blank form.
The Amended CCR's were revised 06/22/2019 and also no stamp for filing. Just the blank form.
When the investment company emailed the same board member to verify the dues the board member ignored the email. Ignoring emails is common by this POA.
My question is this, how did others and I end up with copies of these documents that appear to be invalid and is there any legal recourse.
And this is not the most pressing issue. Selectively ruling that only some member have to pay a special assessment, charging road dues on lots against their own documentation, disabling gate remotes and telling residents to just buy another one instead of reprogramming, trying to retroactively enforce a new fee schedule and dedicatory instruments, not maintaining roads equally or evenly resulting in washed out or clogged culverts and the washout of roads, creating a EULA for the official website that would ban anyone from saying anything negative about the POA anywhere, anytime, on any forum or social media outlet, or engage in lawsuits about POA issues.
At the county I paid for these copies, they are as follows:
The Amended By-Laws on file at the county were revised 06/27/2015 and filed on 07/13/2015, the Amended CCR's on file with the county were revised 06/22/2019 and filed on 07/10/2019.
The copy I have that was emailed to me and others are as follows (and I am sure there are other copies like this out there):
The Amended By-Laws were revised 06/23/2018 and no stamp for filing. Just the blank form.
The Amended CCR's were revised 06/22/2019 and also no stamp for filing. Just the blank form.
When the investment company emailed the same board member to verify the dues the board member ignored the email. Ignoring emails is common by this POA.
My question is this, how did others and I end up with copies of these documents that appear to be invalid and is there any legal recourse.
And this is not the most pressing issue. Selectively ruling that only some member have to pay a special assessment, charging road dues on lots against their own documentation, disabling gate remotes and telling residents to just buy another one instead of reprogramming, trying to retroactively enforce a new fee schedule and dedicatory instruments, not maintaining roads equally or evenly resulting in washed out or clogged culverts and the washout of roads, creating a EULA for the official website that would ban anyone from saying anything negative about the POA anywhere, anytime, on any forum or social media outlet, or engage in lawsuits about POA issues.