HOA Breaks constitution

Started by DrM • 6 replies • 1286 views

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DrM (Texas)
Posts: 1

Posted:

Does anyone know where I might find North Texas HOA rules and Regulations?

My wife and myself started a petition and had allready recd. a positive responce, to shorten a wall that compromises our property. When much to our suprise the Pres. showed up
@ my house with the police to give a letter of intent to STOP building the wall around our community and start working on ours NOW ! This not only created havick in the community, it stoped a issue of safety too much of the home-owners. Better!, the pres. came over and cursed and made threats to our wellfare, what do you think ??

Doc

BrianB (California)
Posts: 2,820

Posted:

1) the US constitution doesn't protect you rights regarding your personal civil/business contracts, which is what an HOA is (in most cases..there are some esoteric ways to twist the Con to cover contract law, and of course, you can't agree to a contract for slavery, etc.). In general, what you contract to do with another person isn't typically a matter of constitutional law.

2) Your HOA should have provided you with a copy of the rules, regs, CC&R's, and by-laws when you purchased your home. This could have come from the title company, previous owner, developer, etc..

3) If they didn't, or if you lost them, there might be a copy on file with the state registrar, recorder of deeds, county recorder, etc.. You can obtain them from the state, usually.

4) Or, you can request a second copy be provided by the HOA, but they have a right to charge you *usually* for the expense of copying it.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

DrM,
Tell me if this is correct:

You and the Board somehow reached a compromise about a fence that is being built around your property and the property of the association. Or, there is a fence being built sround your property that lessens the value of your property or degrades or changes your propertys' worth?

The president shows up at your door in the presence of a policeman to give you a letter that states the (whoever is building the wall) to stop work immediately, and start working on your wall. Prior to this your wife had a petition that circulated that has some kind of favorable response to shorten your wall. If this is close to what happened, how does your wife circulating a petition translate into a policeman coming to your door. Did your wife disclose the petition and results to anyone? Is this the reason for the president's visit? Got any idea why he would bring a policeman. Maintain the peace, maybe. Police don't normally serve papers, maybe tickets or violation notices but why would he need the president to do that?

May I suggest you sit down with your wife and the have a talk with the police if he was making threats to do you bodily harm. in front of a policeman.

There is a long involed convoluted story here somewhere it the background. For us to tell you what we think, we have to know what are you looking for and what is your motivation and part in the puzzle.

SusanW1 (Michigan)
Posts: 5,202

Posted:

A "petition" passed around the community is NOT the same thing as getting approval for major construction or de-struction of a wall (a wall is under the jurisdiction of the HOA)

You did not go thru the proper procedures!

So, the president presented you with a Stop Work Order and was accompanied by the police officer. (He may have requested the security himself, not knowing what your reponse would be.)

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By DrM on 09/19/2008 12:36 PM
Does anyone know where I might find North Texas HOA rules and Regulations?

My wife and myself started a petition and had allready recd. a positive responce, to shorten a wall that compromises our property. When much to our suprise the Pres. showed up
@ my house with the police to give a letter of intent to STOP building the wall around our community and start working on ours NOW ! This not only created havick in the community, it stoped a issue of safety too much of the home-owners. Better!, the pres. came over and cursed and made threats to our wellfare, what do you think ??

Doc

DrM,

Is this a wall around your property or a wall on common area? Did you get approval from the architectural committee to build a wall? I'm a little confused with your message but it appears the Pres. obtained a stop order because you were doing something you didn't have permission to do. A signed permission doesn't grant you approval for a building project; you must obtain approval from the architectural committee.

DonnaS (Tennessee)
Posts: 5,671

Posted:

DrM,
I am pretty sure that there is no such thing as a North Texas HOA Rules and Regs unless that is the name of your own association. Rules and regs regarding a HOA are just for that particular community and were adopted by the Board of Directors of said community.

You need to fill us in a little bit. This wall that is being deconstructed or constructed. Is it your wall, is it a wall that is considered association property or common property? Did you get approval from your Board or your Archetectural committee to take it down? You should have a set of Protective covenants which are the guidelines to what you can and cannot do. Fill us in please.

KirkW1 (Texas)
Posts: 1,665

Posted:

After reading your post, I am very confused about your issue. To that end, I would suggest trying to explain again after you have had a chance to cool down. Then try to explain the details in a time ordered fashion.

As to where you can find rules (or laws) concerning HOAs, that part is easy for me:
http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm

The link will take you to Texas Property Code. I would guess that you are mostly interested in Title 11, chapters 201 through 211. If you are in a condo, then you would be interested in chapters 81 and 82.

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