State Specific Question About: TEXAS (TX)

Which agency or Who governing HOA (Home Owner Association) in Texas?

Other than collecting HOA fee each year, the HOA in our subdivision did not do a thing. Who is agency governing this "FAT CAT"?

What excactly the rights for the home owners like us to our own HOA? Most of my neighbor just tolerant it, and its management just ignored my inquires. Can we audit their book?

Could someone tell me how to make them to answer my questions?

Thanks.

What makes you think that some agency governs your HOA?

You ask, "What excactly the rights for the home owners like us to our own HOA? "

Well, didn't you read the governing documents of the HOA before you bought? That should answer your questions.

get together with a bunch of your like-minded neighbors and fire this HOA management company. You can always in-house it or hire a different company to do it. Know that it is not easy or cheap, but it sounds like you could do better.

The HOA Board of Directors control the HOA. The actions of the BOD are supposed to conform with the Articles of Incorporation, Deed Restrictions (sometimes called the Covenants, Conditions and Restrictions [CCRs]), and the By-Laws.

You will need to become active in your HOA meetings if you expect to get any changes made.

You might try Google "texas hoa reform.

G'Luck,

Bill [TX]

Attorney Generals of the State regulate them, and have filed charges against many of them.

An HOA needs to be on the deed, if not it is not legal to enforce any of the covenants.

We had a aggressive situation, and our HOA found out the hard way.,you can also go after them for selective enforcement.

Lawyer Groups hold seminars for this problem, my Attorney attend one, it is a common problem, and State Attorney Offices are working to curb them, seems they are taking property and discriminating against members.

No offense, but this makes no sense as any HOA's lifeblood are the fees and they sure have huge monthly outgoings (bloodletting). Here where we rent a condo, the management published the condo numbers of deadbeats in the lifts :P Still, the good guys gotta pay while the bums don't pay and get a free ride.

@ Chris, unless the law changed your HOA can get in big trouble posting the names of deadbeats publically. I'm not an expert in condo law, but I remember something about that.

They can not post your name or address,

If you tell them in writing you have an Attorney they can only communicate with you through your Attorney

Many HOA find them self with a counter claim, and often in more trouble than the property owner, remember once an Attorney is involved they have to open their books to all communications., including all member name and addresses....

Thank you for all your replies.

Here are a couple points to verify.

1. This is the first year that we resides in a HOA subvision. Since the day one(the closing day) I have sent the requests to the HOA office/manager and asked them to send us the documents in printing/writing. After almost 12 months, I am still waiting for it from them. (yes, we paid $350 for so-called transfer fee, $300 for HOA fee, and $250 for HOA annual fee.) then we paid again in Jan. 2010 for another $250.

but, we dont' get any answers from them, We did not have so-called HOA meetings in 2010. The only communication we had is to receive the annual fee invoice and told us, if we are late by 1/10/2011, we will be charged fine by them.

My other neightbors told me about the bad behavior/actions about this HOA from day one,(a major big property management company), but no one wants to do a thing.

I also asked this HOA why, our closing statement on HOA was charged three fees, but another house was only charged two fees when both of us were came from the same source, and the same nature.

I think they(HOA) just a highway robbery, when they have those high pay lobbist behind them, and they can charge $250(it has about 600 houses in this subdivions) per year for doing nothing. It is not condo, we don't have a common wall to maintain.

"condo" is not a type of building construction, it is a type of ownership. A single-family house can be a condo.

It sounds like the problem is the management company, more-so than the HOA itself. Simply find out who the HOA board of directors are and go talk to them. Read the HOA docs and figure out what it takes to fire the management company and hire a new one - or in-house the management. You may need to give a few months notice to the management company before they can be terminated. You can do it! Make a change!

You knowingly purchased property that is deed restricted and it’s threw that purchase/contract that the board receives the power.

Might as well get use to the idea of paying fees and not seeing much in return, a poorly run HOA is not a criminal charge or even civil issue absent intentional fraud etc

At this time it’s highly likely 20% to 40% of owners a delinquent on dues, so you have to bear the burden for those who do not pay

Absent you and other gaining seats on the board nothing is going to change, you may try and hire a lawyer to sue but you may not get anywhere because there is no fraud just poor management, plus in the end your fees pay for the board lawyer