Quote:
Posted By MrTexaS1 on 08/28/2026, 3:16 PM
1) They violated Texas Biz Org code 22 by not sharing the list of members with us when we requested
2) They kept the meeting notice as stealthy as possible. Unlike other meetings it was not on the calendar, no email was sent. Only USPS.
2) Then when we got in the room they said "oh sorry, we don't have a quorum so there is no meeting (which violates our bylaws and Texas Law) and no election"
Other stuff: No audit since 2022 even though the president said in another meeting she agrees it's the law and they are working on it, decline to let us inspect records. We have no way to verify the association financial status at this moment.
They are not caring for the property.
Writing violations for things that are not rules, No customer service, no communication. Expressing malice toward unit owners who ask questions...
1) You should have received a membership list (as outlined in corporate law - expecting your association is incorporated.)
However, visiting the local property records office would identify who are members and their mailing addresses.
2) The Association is not required to send info by email. Our attorney said we should always send meeting notices by USPS and, if desired, reminders via email.
3) Per corporate law, a quorum is required to conduct business (hold elections). So, that is in compliance with the law.
4) Audits - requires money. An audit can easily cost between 3 and 5 thousand. If the property isn't being maintained, I would think it would be better to spend the money on maintenance vs. an audit.
5) Who is writing violations (a Board member or a management company)? There are management companies that make a lot of money issuing citations (it all depends on how the contract is written).
6) No customer service? A board is there to make decisions for the Associations - they do are not required to reply to every request in a timely manner. Associations move slowly and it can take a month or more to resolve issues.
Can you be more specific (just one specific issue - not generalizations)?
7) No communication? Technically, boards are only required to inform the membership about things at the annual meeting. Some will have newsletters. Some will have a website (that may or may not be updated).
Serving on the Board is a voluntary position and most volunteers have matters other than the Association requiring their attention and time.
8) Expressing Malice - well, depending on how someone approaches the board (accusing or offering to help) or if they are constantly complaining about things individuals get worn down and simply don't want to put up with it anymore so they quit responding.
How are you approaching the Board?
What to do, what to do - the options are simple:
1) Become informed (attend board meetings if you can to hear what is going on). Read up on applicable law (corporate and property). Read what info is being provided, including all of the governing documents and understand what they are telling you.
2) Look at issues from different perspectives (you don't have to agree with a specific perspective but it can be beneficial in understanding)
3) Gather support - knock on doors, and talk to neighbors and share what you have learned.
4) Offer to help - gather bids, publish a newsletter, etc. anything to help the board and, in the process, gain knowledge of the issues.
5) Prior to the next membership meeting, gather proxies to make sure that their is a quorum.
You can also write your local representative and ask that they create an ombudsmans office with fining capability OR write a bill allowing HOA complaints in small claims court.
You can always contact a local attorney to see about your legal options.
Look for one versed in corporate law instead of HOA/property law.
The internet is your friend when looking for attorneys.
Find a case where someone had legal issues with their hoa and won - court documents will give you the name of the attorney representing them.
Hope this helps.
TIm