[profdan_h]

Up

0

Down

::

Hi,

Being physically assaulted by an HOA board member, only to have the matter dismissed by both law enforcement and your HOA President, is not only frustrating but potentially a serious governance issue. Even though the sheriff’s office found insufficient evidence, you were right to report the incident, and it’s important to continue documenting everything. The President’s refusal to take your concerns seriously, combined with his alleged interference in the HOA election process, suggests possible misconduct and abuse of power.

While you may feel helpless now, you still have options.

First, review your HOA’s governing documents to see if there’s a formal complaint or grievance process you can initiate. Submitting a written complaint puts your concerns on the official record. If your governing documents are vague or unhelpful, it may be worth consulting an attorney who specializes in HOA or nonprofit law in your state. An attorney can help assess whether any election laws, HOA rules, or nonprofit governance standards were violated—especially if a homeowner was pressured to rescind a proxy vote.

You may also want to rally support from other homeowners who share your concerns. Engaging neighbors respectfully and transparently can help you build a coalition and possibly trigger a recall election or push for reform. If the community begins to see a pattern of abuse or manipulation, the pressure may lead to change.

Most importantly, prioritize your safety. If there are further threats or physical confrontations, report them immediately and consider seeking a protective order. You clearly care about your community and want to bring integrity to your HOA board. With persistence, documentation, and support, you can take meaningful steps toward that goal.

Hope this helps.

[profdan_h]

Up

0

Down

::

Is this an HOA issue or a county issue? Does the county pond belong to the county or to the HOA?

[profdan_h]

Up

0

Down

::

Hi Gary,

Yes, your HOA can adopt a policy requiring that at least one resident in every home be 55 or older, even if your community already meets the 80% threshold required under the Housing for Older Persons Act (HOPA). However, you must do so carefully and legally to avoid Fair Housing violations.

Here’s what you need to know:

Under HOPA (24 CFR §100.305), a community can qualify as “55 and older” housing if:

1. At least 80% of the occupied units have at least one person age 55 or older.
2. The community intends to operate as housing for older persons.
3. The community verifies residents’ ages and keeps reliable documentation.

HOPA allows flexibility for up to 20% of units to house residents under 55. But this doesn’t mean you’re required to allow those units—it’s just a federal minimum standard.

HOPA allows stricter age policies as long as they are applied fairly and consistently, and don’t violate other fair housing laws. If your community wants to require every home to have at least one resident 55 or older, you can adopt that rule by:

1. Amending your governing documents (like CC&Rs or Rules and Regulations).
2. Ensuring the policy is clearly written and uniformly enforced.
3. Providing notice to all homeowners and giving a transition period before enforcement.

Courts have upheld communities that choose to adopt stricter policies than the 80% rule, as long as they comply with HOPA and fair housing standards.

Hope this helps.

[profdan_h]

Up

0

Down

::

Combining your newly acquired 3-acre parcel with your existing HOA property does not automatically place it under HOA jurisdiction. Since the plat map clearly shows that the land is outside the HOA’s boundaries, it remains separate unless formally annexed. Most HOAs require a specific process to bring new land under their governance, which typically includes the property owner’s consent and a vote by HOA members.

Additionally, any annexation may require amendments to the HOA’s governing documents. While RR-5 zoning may require you to combine the parcels for tax or zoning purposes, this does not automatically subject the new land to HOA rules. HOA jurisdiction is typically determined by recorded CC&Rs and governing documents, not just by land consolidation.

To ensure clarity, reviewing your HOA’s governing documents and consulting a real estate attorney would be the best course of action. Unless your HOA has a provision stating otherwise, adding the 3 acres to the association should require both your consent and formal approval from the HOA membership.

Hope this helps.

[profdan_h]

Up

0

Down

::

Hi,

Yes, I think the HOA should consider insuring the wall for its replacement value, especially given its high replacement cost of over $1.5 million. While it may seem unlikely that something would happen to the wall, insuring it provides financial protection against unforeseen risks.

You should also consider checking on your reserves and making sure it’s up to snuff.

Hope this helps.

[profdan_h]

Up

0

Down

::

Hi,

Your concerns highlight several red flags that suggest your condo association may not be operating effectively or transparently. Regular meetings are typically required to ensure homeowner participation, yet your association hasn’t met in three years, undermining transparency and accountability. Additionally, condo associations are generally run by a Board of Directors, not a single “head.” This lack of a board structure prevents checks and balances, which are essential for fair governance.

The “head” imposing a $5,000 emergency assessment without a vote raises further concerns, as assessments usually require board consultation or at least notification. Furthermore, the appointment of a “secretary” by one individual, rather than through a formal board vote, suggests a lack of due process. Reviewing your governing documents, consulting other owners, and seeking legal advice could help address these issues and ensure the association is managed in the best interest of all residents.

Hope this helps.

[profdan_h]

Up

0

Down

::

Hi Liz,

I agree with Nancy. I don’t think it is wise to share the names of the homeowners who voted for which candidate. This can create tension among members of the community. It can trigger conflict and fights.

You may also want to check your bylaws and CC&Rs to see if your board has the authority to even share the detailed results with homeowners.

Hope this helps.

[profdan_h]

Up

0

Down

::

Hi Jules,

Changing management companies can be very stressful, but it’s worth it if your current one is unsatisfactory. You will only suffer in the long run if you stick with them.

There’s a great article on here that outlines the steps on how you can switch management companies: https://www.hoamanagement.com/how-to-change-hoa-management-company/

Hope this helps.

[profdan_h]

Up

0

Down

::

Hi BWGHOA,

It really depends on your CC&Rs and bylaws. What do these documents say? Do they require the board to disclose the number of homeowners who are up-to-date and the number who are delinquent?

Just know that there are consequences involved if your board chooses to reveal this information. It is true that, for most HOAs, that type of information is only available to the board members.

As for other financial reports that members must have access to, it, again, depends on your CC&Rs and bylaws. You should also check your state laws for all of these issues.

Hope this helps.

[profdan_h]

Up

0

Down

::

Hi @Dbaker7591,

I’m sorry that happened to you. It sounds awful.

Word of advice – make sure to document everything. Keep copies of the notice your neighbor sent you, along with the photo. You mentioned security camera footage; best to secure copies of those, too. Hire a lawyer with experience in this field of the law.

It’s also good to notify your HOA board or manager about this incident.

Best of luck.

[profdan_h]

Up

1

Down

::

Hi jksieve,

You can request a copy of your HOA’s financial statements to see if the HOA board really is spending the money correctly. Invoices should be available, too. If you can, ask to inspect the landscaping contract as well. If you feel like the board chose a poor landscaper, bring it up at the next board meeting.

It’s hard when your HOA board is refusing to hear you out. If a lot of homeowners feel this way, you can try to remove the president from their position. Your state laws and governing documents should cover how to do this.

Hope this helps.

[profdan_h]

Up

0

Down

::

Hi Nancy,

Texas law doesn’t cover this, as far as I know. However, Texas law does state that regular board meetings must be open to all members. You can probably strip a member of their privileges temporarily for being delinquent. However, your HOA’s CC&Rs should reflect this authority. The same goes for barring them from using the facilities.

Tread cautiously. Ask a lawyer if you’re unsure.

Hope this helps.

[profdan_h]

Up

0

Down

::

Hi Elvis,

Candidate C can challenge the election outcome by submitting a formal written complaint to the HOA board, highlighting the departure from the bylaws and established election procedures. If the board refuses to consider the complaint, C can gather support from other members to request a special meeting for a reevaluation. Mediation or arbitration can be pursued if internal remedies are available. As a last resort, C might consider legal action by consulting an attorney specializing in HOA law to potentially nullify the election results and call for a new election. Alternatively, C can file a complaint with a state or local HOA regulatory agency if one exists. It is important for C to document all communications and gather evidence to support the case.

Hope this helps.

[profdan_h]

Up

0

Down

::

Hi LizB,

Typically, the timeframe given by HOAs for cleaning up debris after severe weather events like high winds and tornadoes can vary. Generally, HOAs expect residents to start the cleanup process immediately and show visible signs of progress within the first 30 days. For more significant debris, such as downed trees, many HOAs allow 1 to 3 months for removal.

In cases of extensive damage, this period can extend to 3 to 6 months, providing residents ample time to hire professional services if needed. While less common, some HOAs may offer up to a year for complete cleanup and restoration in situations where the damage is particularly widespread.

To get specific details for your community, it’s best to check your HOA’s governing documents or contact the HOA board directly, as they can provide the most accurate information based on local guidelines and the extent of the damage.

Hope this helps.

[profdan_h]

Up

0

Down

::

It is best to follow your bylaws’ requirements to avoid accusations of invalid decisions based on the number of committee members. If you can’t recruit enough people, you might want to amend your bylaws.

[Author]

Posts