How to address BOD misconduct

Started by BarbaraD13 • 13 replies • 317 views

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BarbaraD13 (Texas)
Posts: 46

Posted:

I appreciate all the excellent advice I have received here so far here and now I come looking for guidance on how to word letter and petition from a group of homeowners, to the board to address the following issues:
Lack of Agenda's for Board Meetings.
Holding "Working Meetings" without notice or agenda where appointments to fill vacancies to the board have occurred and where resolutions have been made and posted as new rules- Example:
---------------
Board of Directors Resolution
To all members of (--------) HOA (-------) Texas
This is a certified copy of a resolution passed at a meeting of the Board of Directors of (--------)HOA at which a quorum was present on Dec 18, 2023.

Resolved that the Board of Directors hereby voted and passed a resolution making it necessary that any member of the HOA who wants to run for a position on the board of directors must live in the (--------) subdivision for at least nine (9) months of the calendar years that they will be on the HOS board of directors.

Board of Director Signatures-----
Notarized--------
---------------
Our annual meeting is set to take place Jan 12.

This board will only allow in person attendance to meetings, shutting out handicapped or immune compromised residents or homeowners who are temporarily absent.
They only allow visual inspection of HOA documents at the community hall by written permission. They will not mail or email requested documents (meeting minutes)
At this months meeting a board member stated "we don't have to follow Texas State Law as we answer to HUD (55+ Community)

We have a dozen witnesses to sign any notice and can easily double that amount of signatures.
The same board member and 2 others will verbally abuse owners during town hall questions. This board also mentions by name in minutes, homeowners who have had complaints and have discussed in open meetings said owners violations regarding weeds and dog poop.

In your opinions, how should this letter be formatted for the greatest attention and to avoid it going into the trash?
Yes, I had a phone consult with a local Real Estate Atty who works with HOAs and agrees we have valid issues.

TerriS6 (California)
Posts: 3,284

Posted:

You could reference every objection with a statute citation in parentheses.

JackieB4 (California)
Posts: 398

Posted:

Barbara, you are experiencing the typical ROGUE BOARD mentality many of us find our in community leadership. Lack of transparency, erroneous minutes, sudden changing of meeting day/time, and using confusing verbage (written/oral) are a few techniques. Attempts to improve/correct the situation wear out many members. It's exhausting, and potentially $$$$ for most. It's equally difficult to find the legal facts. Davis-Stirling.com (CA's HOA bible) is an excellent resource. However, the most successful approach is through ELECTIONS.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By BarbaraD13 on 12/24/2023 7:40 AM
I appreciate all the excellent advice I have received here so far here and now I come looking for guidance on how to word letter and petition from a group of homeowners, to the board to address the following issues:
[1.]
Lack of Agenda's for Board Meetings.
Holding "Working Meetings" without notice or agenda where appointments to fill vacancies to the board have occurred and where resolutions have been made and posted as new rules-

[2.]
This board will only allow in person attendance to meetings, shutting out handicapped or immune compromised residents or homeowners who are temporarily absent.

[3.]
They only allow visual inspection of HOA documents at the community hall by written permission. They will not mail or email requested documents (meeting minutes)

[4.]
At this months meeting a board member stated "we don't have to follow Texas State Law as we answer to HUD (55+ Community)

This forum discussed [2], in person attendance et cetera, at https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/362637/view/topic/Default.aspx . But today, you added that the board is shutting out handicapped and immune compromised residents. The only people who have standing to make a Fair Housing Act disability-related "reasonable accommodation" request are people with disabilities. So far, I do not support your making this an issue.

Furthermore, ignore [4.] for now until it becomes clear that the board as a whole is refusing to abide by TPC 209. Directors often make egregious mistakes (I certainly have). Let this slide until it is clear a board majority believes TPC 209 does not apply to the HOA.

I agree with TerriS6 that you want to have a statute, bylaw or other legal citation for each of your issues. It is of the utmost importance that when a person makes //demands//, one has the law to back up the demands. Otherwise the board can and will ignore the demands.

I would write the board something like this:

Dear Board of Directors,

First, Texas statute section TPC 209.0051 (e) requires among other things that the board provide to all owners "the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session." The board appears to have failed to do this on ___, ___ and ___, as evidenced by so-called board resolutions distributed to owners having these dates on them. The board appears to have violated TPC 209.0051 (e). Consequently the undersigned understand that these so-called resolutions are invalid and not enforceable. Please comply with TPC 209 in every respect for board meetings and all other matters. Please inform owners that previously "noticed" so-called "resolutions" are null and void.

Second, Texas statute section TPC 209.005 (c) state that an "owner is entitled to obtain from the association copies of information contained in the books and records." We hereby request copies of the following books and records: __, __, ___ and ___.

Third, Texas statute section TPC 209.005 (i) requires that the association "adopt a records production and copying policy that prescribes the costs the association will charge for the compilation, production, and reproduction of information requested under this section. The prescribed charges may include all reasonable costs of materials, labor, and overhead but may not exceed costs that would be applicable for an item under 1 T.A.C. Section 70.3. The policy required by this subsection must be recorded as a dedicatory instrument in accordance with Section 202.006." Please adopt this policy at the next board meeting.

If the board does not intend to comply with any of the above, please let us know by January 8.

Thank you,

names
addresses
email addies
phone numbers

TerriS6 (California)
Posts: 3,284

Posted:

With the caveat that davis-stirling.com and others like it, findhoalaw.com are prepared by association lawyers who often omit information that could help members keep errant boards in line.

ElleN (Idaho)
Posts: 4,420

Posted:

Re-posting for read-ability.

Quote:

Posted By BarbaraD13 on 12/24/2023 7:40 AM
[minor editing by ElleN]
I appreciate all the excellent advice I have received here so far here and now I come looking for guidance on how to word letter and petition from a group of homeowners, to the board to address the following issues:
(1)
Lack of Agenda's for Board Meetings.
Holding "Working Meetings" without notice or agenda where appointments to fill vacancies to the board have occurred and where resolutions have been made and posted as new rules-

(2)
This board will only allow in person attendance to meetings, shutting out handicapped or immune compromised residents or homeowners who are temporarily absent.

(3)
They only allow visual inspection of HOA documents at the community hall by written permission. They will not mail or email requested documents (meeting minutes)

(4)
At this months meeting a board member stated "we don't have to follow Texas State Law as we answer to HUD (55+ Community)

This forum discussed (2), in person attendance et cetera, at https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/362637/view/topic/Default.aspx . But today, you added that the board is shutting out handicapped and immune compromised residents. The only people who have standing to make a Fair Housing Act disability-related "reasonable accommodation" request are people with disabilities. So far, I do not support your making this an issue. Why? Because you do not have the law behind you.

Furthermore, ignore (4) for now until it becomes clear that the board as a whole is refusing to comply with TPC 209. Directors often make egregious mistakes (I certainly have). Let this slide until it is clear a board majority believes TPC 209 does not apply to the HOA. Reference thread: https://www.hoatalk.com/Search/ForumSearch/tabid/87/forumid/1/postid/362169/view/topic/Default.aspx

I agree with TerriS6 that you want to have a statute, bylaw or other legal citation for each of your issues. It is of the utmost importance that when a person makes //demands//, one has the law to back up the demands. Otherwise the board can and will ignore the demands.

I would write the board something like this:

Dear Board of Directors,

First, Texas statute section TPC 209.0051 (e) requires among other things that the board provide to all owners "the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session." The board appears to have failed to do this on ___, ___ and ___, as evidenced by so-called board resolutions distributed to owners having these dates on them. The board appears to have violated TPC 209.0051 (e). Consequently the undersigned understand that these so-called resolutions are invalid and not enforceable. Please comply with TPC 209 in every respect for board meetings and all other matters. Please inform owners that previously "noticed" so-called "resolutions" are null and void.

Second, Texas statute section TPC 209.005 (c) state that an "owner is entitled to obtain from the association copies of information contained in the books and records." We hereby request copies of the following books and records: __, __, ___ and ___.

Third, Texas statute section TPC 209.005 (i) requires that the association "adopt a records production and copying policy that prescribes the costs the association will charge for the compilation, production, and reproduction of information requested under this section. The prescribed charges may include all reasonable costs of materials, labor, and overhead but may not exceed costs that would be applicable for an item under 1 T.A.C. Section 70.3. The policy required by this subsection must be recorded as a dedicatory instrument in accordance with Section 202.006." Please adopt this policy at the next board meeting.

If the board does not intend to comply with any of the above, please let us know by January 8.

Thank you,

names
addresses
email addies
phone numbers

BarbaraD13 (Texas)
Posts: 46

Posted:

Excellent Advice Ellen, Thankyou. This is exactly what I am looking for.

One other question- since it appears this board only refers to it's bylaws and CCR,
Should I also reference those as well- or just the state statutes?

BarbaraD13 (Texas)
Posts: 46

Posted:

Never mind- just re-read your response.

Again, Thankyou for your guidance.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By BarbaraD13 on 12/24/2023 11:17 AM
One other question- since it appears this board only refers to it's bylaws and CCR, Should I also reference those as well- or just the state statutes?

Good catch; right on. Yes, also reference anything in the bylaws and CCRs that the board is clearly violating, with one caveat. The caveat is that if any bylaw or covenant genuinely, legally conflicts with Texas statutes, the bylaw or covenant is invalid. If there are instances of such conflicts (between the covenants/bylaws and Texas statutes), then do not cite the covenant/bylaw.

If you are not sure whether there is a conflict between the bylaws/covenants and state statutes, ask here. It's a little tricky sometimes to finger whether a genuine, legal conflict is present.

BarbaraD13 (Texas)
Posts: 46

Posted:

Thankyou.

Our CC&R states

Section 6. Subdivision Intent to be in compliance with certain Texas law. At the time of the adoption of these amended covenants, Chapter 209, Texas Property Code, provides for rights and obligations pertaining to homeowner associations, and in event o f any conflict between these amended covenants, such legislation and all future amendments will prevail and it is the intent of these amended covenants that and its home owners association shall always be in compliance with state law.

Would it be redundant to include this in the letter, if only for clarification to the board member(s) that may not understand the hierarchy of law?

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By BarbaraD13 on 12/24/2023 3:15 PM
Our CC&R states

Section 6. Subdivision Intent to be in compliance with certain Texas law. At the time of the adoption of these amended covenants, Chapter 209, Texas Property Code, provides for rights and obligations pertaining to homeowner associations, and in event of any conflict between these amended covenants, such legislation and all future amendments will prevail and it is the intent of these amended covenants that and its home owners association shall always be in compliance with state law.

Would it be redundant to include this in the letter, if only for clarification to the board member(s) that may not understand the hierarchy of law?

What does "amended covenants" mean?

Are these "amended covenants" by any chance a complete restatement of the original covenants, resulting in the original covenants no longer having any validity?

"Restatement" in this context means “presented in its entirety”, i.e., as a single, complete document. Accordingly, “amended and restated” means a complete document into which one or more changes have been incorporated.

BarbaraD13 (Texas)
Posts: 46

Posted:

Very good question. My assumption is these were amendments to reflect to changes in 209 from 2011 and 2015. I have no clue, other than these were filed in 2017 with the county clerk.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By BarbaraD13 on 12/24/2023 3:47 PM
Very good question. My assumption is these were amendments to reflect to changes in 209 from 2011 and 2015. I have no clue, other than these were filed in 2017 with the county clerk.

Then I would leave out any reference to this covenant. Here is why:

-- I would not want some uneducated director to say TPC 209 applies only to the amended covenants. Mentioning this covenant might open a path to more confusion and more useless "debate" about whether TPC 209.

-- TPC 209.003 is clear about TPC 209's applicability.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By ElleN on 12/24/2023 5:56 PM

... about whether TPC 209 applies.

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