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Old 06-05-2013, 05:46 PM
 
500 posts, read 796,784 times
Reputation: 397

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Quote:
Originally Posted by MattTx View Post
For those of you saying that there is a choice. I really don't think there is a choice when it comes to living in an area chosen strictly to be in a good school district.

It appears to me that if parents want their children to be in a good school district, they will have to deal with a HOA. I am going to assume (I may be wrong here) that at least 95% of the neighborhoods in the top school districts have some form of a HOA with the exception of Alamo Heights.
In SA, you might very well be correct. My kids graduated from Smithson Valley schools. That was our choice.
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Old 06-06-2013, 10:21 AM
 
733 posts, read 863,564 times
Reputation: 408
2 ways:

1 - you dont move there

2 - VERY quietly.
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Old 09-15-2013, 12:21 PM
 
4 posts, read 20,029 times
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We're still frustrated here in this community with a dictatorial HOA board headed by our HOA president and vice-president. It's their way and their will on every issue. The other board members (recruited, nominated, and then picked by the multiple 60+ proxy bearing VP) are meek and can be easily intimidated by the fierce heads of our board. The VP looks for brand new homeowners to run for the board so she can "run" them, and basically be in charge of all board committees. These newbies don't know and haven't even lived a full year under our HOA Covenants/By-laws... and then must enforce them by way of their fiduciary duty!

The president and vice-president cannot run again next "election" (term used loosely because it's not democratic, but proxy picked winner by ONE proxy-holder). Even when NOT on our HOA board this "dicatator" STILL rules via her proxy puppets and her dominance over committees. Many longtime homeowners often run, but never get the proxy votes to win in an election.

At the bottom of all this we've discovered in public accessible records that our now both 3rd term HOA president and vice-president have questionable past histories. The president (who's a lawyer with two public reprimands by the TX State Bar for personal income tax evasion and also his unethical financial dealings regarding a client) once sued our HOA and got a sizeable monetary settlement when he first moved into our HOA. Our vice-president and her husband are currently in Chapter 13 Bankruptcy for frivolous overspending (not anything to do with any overwhelming medical bills, but sheer mishandling of their excessive spending with charge cards at mostly high-end stores, federal income tax evasion, and property tax liens.) Both are pretty scary, huh?

Our HOA, therefore, is led by these two people who appear to lack financial responsibility, integrity, and ethical behavior. This causes great concern to many of us homeowners who have seen their public records. Our HOA's annual revenue from assessment dues is almost $500,000 a year. This ought to wake up our community, but apathy prevails and the proxy votes "elect" a puppet board, and the reign of dictatorship continues.

The new Texas HOA laws allow any homeowner to run for the board unless he/she has committed a felony. Even a homeowner who's delinquent in assessment dues can run. In fact, we have one proxy-picked board member who does not EVEN live on-site in the HOA... and he's on the board for 2 years now! He has a high absentee record of attendance at our HOA board meetings and is our 2nd year term Engineering Chairperson--- but has NEVER had any committee members! Our president and vice-president together have taken over his area of our major street repairs (our streets are not city-owned) and these two are coordinating it and conrtarcting out the job for the second year now an expenditure of over $70,000+ to the same contractor (without even getting competitive bids this time around) all approved by the puppet board vote.

This ALL raises some red flags for sure! Choices are probably: 1) Retain some strong legal representation 2) Request a full line-by-line audit 3) Seek exposure on the local media 4) Move out of the HOA and escape all of this madness!

Kind suggestions from those who've posted on this thread to rally more voter participation to overpower the multiple proxy votes held by the one board member are in reality impossible due to tremendous voter apathy. 90% of the homeowners here just ignore the situation, pay the high assessment, and carry on with their lives. Most don't even turn in a ballot because they know their vote won't count. The multiple proxy holder has the elections all sewed up--- for many years now!

Building homeowner support is very difficult and frustrating. HOA bullying and targeting here are an on-going problem resulting in intimidation and people backing down from trying to make a difference and seeking to reclaim our HOA . A few of us really concerned homeowners wonder just when our neighbors will open their eyes.
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Old 09-15-2013, 03:13 PM
 
5,048 posts, read 6,898,532 times
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Well, you have to watch anyones who's nuts, power hungry AND a lawyer. A time consuming, money consuming mix.

Do you have a state corporation commission and a state licensing agency? Do you have a property owners or condo owners act in your area?

You can contact those that head these up and see what there thoughts are.

For one thing, there's the HO part of HOA...homeowners. Unless that non-owner board member has a special needed expertise or is perhaps the property mgr. he shouldn't act with the rights of an owner. That brings me to ask...is this person a non-resident but also a non-owner? Not even that he kept his previous home as an investment?

Have you tried to remove the board members you deem ineffective, even dangerous to the health of the community?

Your bylaws would give at least some basic info on this.

Of course, officially board members vote an officer in or out. But residents vote the board members in and out. So you can get Mrs. Soandsowhohappenstobepresident out...but not ask that the president step down. A board member would have to do that.

Media can be helpful. But with that lawyer on the board watch your adjectives and adverbs and make sure that everything is in writing to back up what you say.
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Old 09-15-2013, 06:59 PM
Bo Bo won $500 in our forum's Most Engaging Poster Contest - Tenth Edition (Apr-May 2014). 

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Location: Ohio
16,814 posts, read 33,124,702 times
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Quote:
Originally Posted by nr1015 View Post
Building homeowner support is very difficult and frustrating. HOA bullying and targeting here are an on-going problem resulting in intimidation and people backing down from trying to make a difference and seeking to reclaim our HOA . A few of us really concerned homeowners wonder just when our neighbors will open their eyes.
You and your fellow concerned homeowners should give more consideration to pooling your money and hiring that attorney I suggested before.

I know of one of the best in the city, but his rate is ~$300/hour. If anyone can find you a loophole, he could do it. Send me a PM if you want the name. He mostly works for really big clients, but maybe he'd cut you a deal, since you're just regular folks.

You could probably find one cheaper.
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Old 09-15-2013, 10:52 PM
 
5,048 posts, read 6,898,532 times
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Quote:
Originally Posted by Bo View Post
You and your fellow concerned homeowners should give more consideration to pooling your money and hiring that attorney I suggested before.

I know of one of the best in the city, but his rate is ~$300/hour. If anyone can find you a loophole, he could do it. Send me a PM if you want the name. He mostly works for really big clients, but maybe he'd cut you a deal, since you're just regular folks.

You could probably find one cheaper.
Great attorneys with a proven record who are also honorable and don't drag it out can be well worth the investment.
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Old 09-16-2013, 08:01 AM
 
Location: Stone Oak
487 posts, read 978,446 times
Reputation: 329
Who is your management company? You need to contact them with your concerns.
The only thing I can see that they have done "wrong" is to start work on your street maintenance without getting several bids. I assume you are sure they didn't? Getting multiple bids is a decision of the board, it is rarely if ever required in your documents.

Street maintenance is extremely expensive. Repair a large pothole, $2,400. Total resurfacing, $100,000.00 per mile. For them to have $70,000 in reserves to do the repairs w/o a special assessment says they are doing something right.

Be sure to read your governing documents. Many times board members are not required to live in the neighborhood. (When neighborhoods were being developed, board members were usually employees of the developer and did not live in the new neighborhood. Thus, that provision was written into the documents.)

BTW, use caution when making public statements about people. You never know when it might come back to smack you in the face!
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Old 09-29-2013, 08:19 AM
 
38 posts, read 40,677 times
Reputation: 41
First, you need to know your CC&Rs inside and out (or, at least, better than the bully). There is probably an option you can use in your CC&Rs. (there is probably something in your CC&R's about how to desolve the HOA. There might be something about limiting a proxie vote to one vote per one issue.)

If you want to go the extra mile, you can place a board in receivership through the courts.

But, your first line of action is read, re-read and re-read your CC&Rs until you know them inside out and use them against the bully.
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Old 10-04-2013, 05:46 PM
 
371 posts, read 833,184 times
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side question, do you agree HOA is there to keep the property values up? HOA community vs no HOA community surely HOA is nicer right? and rarely will it turn into a crappy area. Are there any HOA community turned into ghetto/sht?
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Old 10-04-2013, 05:53 PM
Bo Bo won $500 in our forum's Most Engaging Poster Contest - Tenth Edition (Apr-May 2014). 

Over $104,000 in prizes has already been given out to active posters on our forum and additional contests are planned
 
Location: Ohio
16,814 posts, read 33,124,702 times
Reputation: 13587
Quote:
Originally Posted by okaythen01 View Post
side question, do you agree HOA is there to keep the property values up? HOA community vs no HOA community surely HOA is nicer right? and rarely will it turn into a crappy area. Are there any HOA community turned into ghetto/sht?
That's the purpose of an HOA, to provide a better-maintained and more restrictive environment than local zoning laws can provide, in order to protect property values.

If the HOA goes bankrupt and the common areas go up for auction, the community probably won't fare too well. I don't know of any specific examples of this in SA.
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