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SamanthaS1 (Texas)
Posts: 2
Posted:
so sorry for previous topic. will be more courtious in future.

don,t have books. mgmt. co. in possession of them. no meetings. no minutes. no financial statements. have been trying to find an agency to force them to give them up. so far have found none.

we know the board is not doing what it is supposed to do but how can we get them to give books or anything to show us what has gone on in the last 4 years? they keep telling us that we have no right to this information.

we have been told that the only way to do this is to get a lawyer and sue them. we don,t even know if we have enough money in our accounts to pay a retainer.

if you have any insights on this dilemma i would be ever so grateful to hear them.

thank you all,
Sam
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By SamanthaS1 on 09/29/2008 8:43 PM
Hello all, I bought a condo 4 yrs. ago. Value = 26k. I tried to contact mgmt. Co. about repairs to sidewalk (common prop.) No ans. - no return reply. Couldn't find name of any board members. Finally, pres. Of board contacts me and tells me that there is no money available for repairs. Found out that mgmt. Co. Hadn't done much of anything for over five years that anyone could remember. Two months later our boiler malfunctions and plumber comes. Prob. Solved. He informs me it cost us 8k + for a 45min repair. Call mgmt. Co. And ask for financial statement. No answer-no return reply. Find out plumber is living with owner of mgmt. Co. Call pres. Of board and he tells me I'm not entitled to that info.

Spend following year researching master deed, by-laws, etc. Long story short, year 4, appraisal of condo now 16k. Pres./board is foreclosing on properties as owners move out. Squatters move in. I call homeowners meeting because we have no association or officers, pres./board has been on board for 23yrs. Board has 3 members (supposed to be 5). No vote on this, no minutes. If you don't agree with pres., he votes you out of board and puts someone else in place. No majority..

Mgmt. Co. Pays only the amount necessary to keep the utilities from being shut off, after utility company leaves us a cut off notice or shuts it off and comes back in a day or so to turn it back on. One month ago the homeowners created an association and elected officers. We poured over master deed, by-laws, etc. And determined we could replace board and look at other mgmt. Companies. Next day notices all over property that water will be cut off and we will have to vacate the premises.

Mgmt. Co. Sends hot check to water company. More notices. We hold a meeting and find as many owners as provided by tax office, deeds, etc. We notify all and vote to dismiss board and fire mgmt. Co. Notify all by cert. mail, 1st class, etc. We are making association the management co. Hurricane Ike visits. Holes in roof damage. Find out mgmt. Co. Has filed a claim for the full amount of claim from ins. Co. We've seen no one. Stop ins from drafting letter to bank on their behalf. They know we are new assoc. Board members come and tell homeowners on prop. That if they pay new assoc. They will shut off all utilities. We are paying them. I'm at my wits end and am told our only recourse is to sue them. Question how do we fight this without losing our homes in the process?

thank you all,
Sam

Samantha, as my momma used to say, "You've got a hard row to hoe." I'm afraid there are no magic answers to your dilemma. This is what comes from owner apathy and an entrenched BOD. I would consider contacting your local city/county officials for any help they can give. It's not really their bailiwick but with the election so close I guarantee they don't want to seem indifferent to your plight, especially if there are any seniors, minorities or handicapped H/O being taken advantage of.

Second, I would contact the media and make them aware of your situation, especially in conjunction with contacting the politicians. I normally do not encourage this but at this stage of the game you really don't have a lot to lose.

Third, if there is a college with a law school near you, I would contact some of the professors there to see if they would be interested in taking you on as a class project. You get free legal assistance; the students get real world experience. You could also try contacting the local Bar Association to see if you qualify for free assistance. The most they can do is say no.

Studies show that 5 out of 4 people have problems with fractions
SusanW1 (Michigan)
Posts: 5,202
Posted:
Sam-

How old is your association? Describe it. (condo? mobile home? homes?)

What does the association do (what assets does it care for?)

Did you have an Annual Meeting?

Do you know who is on the Board and when they meet?

No one is going to give you "the books." You can request copies of the Board minutes of the meetings. There should be a Treasurer's report attached to each minutes. You should be provided minutes of the Annual Meeting. You should have gotten an end of the year fianancial statment.

JeffT (Maryland)
Posts: 83
Posted:
I would read the governing docs and document all of the discrepencies that I could find, like:
1) BOD must mail out annual meeting notice to all members 30 prior - Did you get any?
2) BOD must make avail. docs for viewing at principle office. - Are they avail?
3) Must hold BOD election in a particular manner. - How did they hold them.

Then I would go to a lawyer in the homeowners assoc field for a few consultation or low cost initial fee. Get his view. Maybe he will find the clause where losers pays lawyers fees in disputes. Maybe he can tell you the laws that allow you the right to see the info you want. Our state has a law that prevent the BOD from seeing the docs. They must provide access to all members.

I am a hard-head and if they said I couldn't see stuff that I know that I can see, I will spent the money to have the lawyers write a few threatening letters. Also if you document that the BOD has exceeded its authority or has not followed the governing docs when doing things, I would have the lawyer jump all over them. Maybe you can find them liable for something or have them found negligent.

Maybe you can get a few other members to kick in on the lawyer.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Samantha,

Your first order of business is to thoroughly acquaint yourself with your gov. docs -- CCRs and bylaws. This will give you insight as to what powers the board has and also what rights the members have. Also take the time to check out TX state law govening HOAs -- I believe there are statutes on the books. Then, if it is determinted that the board has overstepped their bounds (they ARE breaking some laws or NOT acting IAW the governing docs) get your neighbors together and set about to take some action. That action could be to send a letter to the board outlining all the laws they are breaking and demanding that it stop. If that doesn't work, then perhaps a recall is in order or its time to hire an attorney to see if any legal action can be taken against them. Hiring an attorney would be last on my list -- it takes a lot of $$$ and really results in suing yourself since the board's legal fees will come from the HOA treasury and your legal fees will come from your pocket.
KirkW1 (Texas)
Posts: 1,665
Posted:
Here is some information for you. The following comes from Texas Property Code Chapter 209.

Quote:
Sec.209.005. ASSOCIATION RECORDS.A (a)A property owners ’ association shall make the books and records of the association, including financial records, reasonably available to an owner in accordance with Section B, Article 2.23, Texas Non-Profit Corporation Act (Article 1396-2.23, Vernon ’s Texas Civil Statutes).

You can get to all of the property code here:
http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm
Chapters 201 through 211 deal with restrictive covenants.

Now having said that, the unfortunate truth is that sometimes people will ignore the law, or try to justify why it doesn't pertain to them. But I personally would write a note stating that you wish to see the records in accordance with the provisions in Texas Property Code Chapter 209.

If that does not work, then you may have to engage a lawyer to make things move along.

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