profdan_h

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  • in reply to: Condo Association suddenly starting to have meetings #378727
    profdan_h
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    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.

    in reply to: board election results #378527
    profdan_h
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    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.

    in reply to: How to change HOA management companies #378498
    profdan_h
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    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.

    in reply to: Financial Reports for Homeowners #378447
    profdan_h
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    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
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    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.

    in reply to: Mismanaging HOA funds #378134
    profdan_h
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    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.

    in reply to: Delinquent members #378133
    profdan_h
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    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.

    in reply to: Challenging the election of officers #377941
    profdan_h
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    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.

    in reply to: Disaster Cleanup #377940
    profdan_h
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    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.

    in reply to: Architectural committee requirements #377885
    profdan_h
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    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.

    in reply to: number of HOAs in my county #377884
    profdan_h
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    That’s hard to do, really. It’s not usually a statistic that’s available. Not many jurisdictions survey or keep track of the number of HOAs in a particular space. That being said, you can ask your local government for information.

    in reply to: Unit B is complaining to the board on behalf of Unit A #377883
    profdan_h
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    The board can follow the complaints resolution process that the HOA has internally in place. Treat is as a complaint from a homeowner. However, if Unit B is insistent on representing Unit A, it is best to ask Unit A to clarify the issue themselves. This way, the board can avoid involving another party into the issue.

    in reply to: Board member getting harrassed #377697
    profdan_h
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    BTW: Violence is never justified. It’s essential to differentiate between homeowners’ issues and personal matters. In my case, the assailant claimed his actions were due to my board position, but that’s no excuse. Ultimately, he is personally responsible, regardless of any pretext. Additionally, don’t anticipate full support from the board—this underscores the necessity of reporting such incidents as civil matters to the police.

    in reply to: Board member getting harrassed #377696
    profdan_h
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    Everyone: It’s crucial to report any incidents to the police or sheriff’s department, even if you believe common sense should prevail. I made the mistake of trying to overlook assaults and attacks, hoping for mutual understanding. Unfortunately, this approach backfired when it was used against me for not reporting to the authorities. The individual who assaulted me began stalking my child in an attempt to retaliate against me (he was also stalking me). Although the police couldn’t take action on the stalking, at least it was documented.

    I initially hesitated to report the assault due to the emotional nature of inspections, but I learned that those who abuse you in such ways are just the tip of the iceberg. Consequently, I installed wireless surveillance cameras to gather evidence of vandalism and theft, such as stolen election signs, which I promptly turned over to the police. This proactive approach has effectively resolved the problems.

    While I wish I could afford to move away immediately, I take solace in knowing I’ve stood up for justice. The individual who assaulted me eventually admitted ignorance to the word “disparagement” in a deposition, after signing a settlement agreement not to disparage again. This experience reinforces the importance of always reporting incidents to the police, no matter how minor they may seem, and keeping thorough records.

    in reply to: Adding to the agenda #377687
    profdan_h
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    If you are a board member, you may do so by discussing it with the rest of the HOA board. If not, you can approach your HOA board before a meeting and ask them to add a new item to the agenda. You may also do this during the board meeting itself, by raising your concern. Keep in mind, though, that doing this will likely push your concern to the next meeting.

    Hope this helps.

Viewing 15 posts - 1 through 15 (of 54 total)
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