Is it really an HOA?

I'm a newly elected director in a very small HOA in east Texas. (15 families) The original land developer transfered responsibilities to the existing homeowners in 1983. I was told that the homeowners in 1983 were to form an HOA within 200 days. They did so, but in 18 months. (Cannot find such paperwork.)

Our HOA bylaws indicate we are a non-profit corporation. But, I checked and found the HOA is not listed as a corporation in Texas. Still, under Texas law, non-profits are not required to register with the state... according to the Texas state web site.

If we tried to register our HOA today, our current HOA name is taken.

Now the complication - two existing HOA members have refused to pay our very small dues - for years. (130/yr) They claim that the HOA is not legal because it's formation was beyond the original 200 day requirement. Why they would not wish to contribute such a small sum for keeping this little community on the lake nice is difficult to understand. Apparently the HOA went to court on this 10 years ago and lost. It seems that HOA officers have since come & gone with no real heart in doing anything.

QUESTION: How do we become "legal"?

The roads, alone, have gotten bad in the past several years and only a "real" HOA can address them.

Thanks! I'm very new at this.

Rick

Also find out what court the homeowners association was in and get copies of exactly what happened, there is a good chance that the attorney that represented the homeowners in court has a good file at his office.

Good Luck