MikeL7 (Texas)
Posts: 13
Posts: 13
Posted:
In my HOA in TX, I've found several Bylaws violations: (1) elections held in the wrong years which upsets the staggered system in the Bylaws (2) prohibiting half the homeowners from voting for certain BOD vacancies (two subdivisions seperated by a greenbelt make up the HOA and the Bylaws require one board member live in one subdivision, one live in the other, and a third board member from either (at large) ... the Bylaws specificly state that all members vote for all vacancies (3) new managing agent contract states that the managing agent responds ONLY to the HOA president who acts for the board and the association. (Bylaws specificly state that the board manages the managing agent (if any) and that the president basicly presides and signs. In a 2-1 vote, the board has refused to correct any violations and there are only a few vocal homeowners who object to these violations. It's not just Bylaws violations, it's not using Robert' Rules and standard business practices such as getting multiple bids, maintaing recommended reserves and on and on. My question: the board seems to answer to no one so is there a higher authority to force compliance (District Attorney ? Ombudsman ? State Attorney General?)