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I know this forum is mainly for questions about buying/selling real estate but I thought that there are probably people who deal with HOAs and might have some insight into this problem
we live in neighborhood that is about 10 yrs old of about 100 lots--18 of them are still vacant--
the HOA board and the ARC == architectural review committee--have made some decisions lately that have caused some homeowners to want to replace them...
we were supposed to have new election for HOA board--
people went to the meeting and tried to add names of new nominees--
the HOA president tried to prevent that (without really following Robert's Rules of order) but it was agreed at that meeting to put the new nominees on the ballot and mail it out--
we were sent a notice to that effect from the HOA--that we would receive a NEW ballot with additional nominees to consider--we were waiting for that new ballot to come today--supposed to be mailed the 9th--
instead this morning when my husband took out the trash the neighbor across the streets (whose son who owns home in neighborhood as well and was supposed to be one of the new nominees) told him that the vote for new HOA board happened last night--
NO SIGNS were posted in the HOA to announce this change--
NO calls or notices were sent out
That the new board was elected but none of the new nominees were apparently elected--of course they weren't--because no one got chance to VOTE for them--
we certainly knew nothing about this--we were waiting for the mail-ballot to come
so now this woman who was considering suing anyway because the ARC approved a house design of the lot next to hers which should not have been approved (long story--but the house is basically off-center on the lot which is pie-shaped, not rectangular/square--they just twisted a plan for rectangular lot to fit this one vs designing house to fit the lot)
WE are upset about the design but that was done deal now--but we thought some people on the board probably should be replaced to have more open POV--NOW that we got NO VOTE we feel very disenfranchised--
Does anyone here have experience with HOAs that have "run amok" as they say--
Is it possible to sue in situation like this?
Do you need attorney with experience in this area of law or can general type of attorney handle it?
PS--I know that there is hate-fest going on about HOAs--
Personally I can see how HOAs can improve and help a neighborhood--when the board involved is rational and fair--
we lived in neighborhood in town close to where we are now for 25 yrs and NeVer had problems like the two yrs we have been in this neighborhood since the developer turned it over to neighborhood HOA...
Does your HOA not have a management company overseeing everything? If so, they would be a great place to start. You could probably get a peteition signed by the neighborhood to make the vote null and void for not playing by the rules outlines in your bylaws.
There is no management company doing anything--
the board deals with issues like the landscapers and the water bill and has the ARC for plan reviews for new houses--although those are pretty rare--
still have 18 vacant lots in neighborhood that is 9 yrs old
looked at that HOA forum
it will accept only posts from HOA board members/VOLUNTEERS--or basically people directly connected to boards--
someone who is homeowner/member of HOA is not supposed to post/answer on that--
so it is for reading only
I think we need to get an attorney to review the information/actions so far to determine if there is legal recourse to invalidate this election--
if not
then maybe there needs to be recall to see if we can replace some of the members who recycle themselves with new people
this development has lot of homes for sale and vacant lots--
so I don't know that there are that many people who care about the infighting going on between these two groups of people
our issue is that we feel we are being caught in the middle of two acrimonious POV--
How was your trip to San Diego? Hope some of the info I gave was helpful
Regarding your situation, the CC&Rs and fine print would be the first place to start with an attorney. I agree with your sentiment about HOA's they have pros and cons, but this is definitely a con. There essentially is no local govt to protect your rights as a homeowner as your community is self governed by the HOA.
As with anything written in legalese, this will require an attorney to review and see what if any action can be taken. However, where the money would be coming from needs to be addressed considering the folks that control the money on the board would probably not have it come out of the pot since its not in their interest.
Another thing you might want to consider is in your state, what legal rights you have against an HOA or if there is recourse of any kind that can override an HOA.
1. You CAN register to post on hoatalk.com. Try it.
2. That board addresses issues concerning HOAs in general, not just dysfunctional ones.
3. (According to your description) the board is not responsive to residents. It may really BE lawyer time, although consider one more discussion with the president first. I would expect a VERY good reason for poor notice of the election, and a willingness to respond to a petition for recall.
So sorry to hear about your situation. You probably will need an attorney unless you can recall the board and elect better people. Texas laws on HOA's are especially complex and don't have the safeguards for homeowners found in the statutes of many other states.
We really had good time in San Diego--I LOVEDD the weather--so different from our 100+ days in DFW-slept with the windows open at night and heard the ocean--does not get any better than that--
did not get to see/do much except for the zoo trip since we were there for wedding
our SIL got to visit with old college buddy he had not seen in 6 yrs or so--and we met them for dinner one night at Ocean Beach restaurant--great food and they were nice people
so San Diego was unqualified success--
the TX legislature passed new legislation changing the way TX HOAs were operating--purpose of the law is to make more transparent the boards' operation and to make it easier for homeowners in HOAs to stop boards from running amok
people can put out rain barrels and have solar panels w/o having to go to court--but some other restrictions/changes I don't know too much about--and apparently attorneys are not sure how lot of that rule-changing/reformation by legislature will actually shake out in the courts--(lke lot of broad spectrum legislation)
Newsletter from the HOA board we received end of June had the date for the initial election for new board members scheduled by the board then in office for July 20--
ballots with eligible nominees--including people who asked to be included as nominees by July 5-- were to go out July 8--people had untill July 18 to return a written ballot--on July 20 open meeting for HOA members would be held-- ballots would be counted and on-site votes could be made--
the winners would be announced at that meeting and the new board installed---
that ballot was never sent--and that July 20th vote was superseeded instead by the "emergency" meeting of the board (+1 person in the subdivision who happens to be the next-door neighbor of the then-HOA president) He did not vote though--was just there to give appearance of "open" meeting
I know daughter of good friend--call her E-- who has a friend--call her T-- living in my neighborhood. When I called E to ask for that girl's name and number (ha--mom with two young children) I explained little bit of why I wanted to talk to her friend T--and found out that she happens to live on same culdesac street with the HOA president and (of course) his neighbor who was at the meeting last night...
E called me back later and said that when she talked to her friend T that T said "oh yes--I know all about that meeting"--that I probably had all my info from "Mindy"--not who I got my info from--and it was all wrong...
So I was asking E questions about how her friend knew ahead of time about the meeting and other questions that she of course could not answer--
I just think that if T knew about this "secret/emergency" meeting of the HOA--every other resident in the subdivision should have known as well--
and her knowing makes it even more obvious that this board has divided people in the HOA into two camps already--people deemed "friendly" to the HOA president and those deemed "friendly" to his opponents
my husband is very good with legal documents--works with o/g contracts and other o/g legal instruments in his job daily--although he is not attorney--
he has been reading the HOA covenants he told me today in short phone call but could not give detailed explanation--
he is also very level headed when other people lose their tempers and get emotional
My problem is that a board is supposed to represent ALL members fairly and equally w/o taking sides and making decisions that play favorites and using loopholes to avoid fair play
I don't think this board is doing that--
I was cheated out of MY vote for the board for the HOA--that is not fair and I don't see how it can be legal
I don't believe that just because they called this an "emergency meeting" that there was anyr reason to rush it through before the July 20th vote which would allowed All the HOA members to have voted--
if THEY chose not to do that--to use their vote--or chose to vote for the incumbents--that is one thing--democratic process was upheld
BUT doing this emergency meeting to forstall a full vote of the HOA--no one benefits from that except a select few
It doesn't seem possible to me for there to be a geniune "emergency" that would require the need for an incoming board to be suddenly elected a few days before the regularly-scheduled and publicized election.
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