[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.

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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.

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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.

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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.

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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.

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You can try removing the board members. Your HOA’s bylaws should contain the requirements and procedures for removing board members. Your state laws on HOAs may also provide some guidance.

Hope this helps.

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You should approach your HOA board and ask for a payment plan. This might help ease the burden of paying your HOA dues in one lump sum.

Hope this helps.

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Hi Lily,

If there was no prior HOA and your neighbors are just creating one now, you are not obligated to join. Membership is not mandatory. You can simply refuse to become a part of the HOA.

Hope this helps.

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Hi Liz,

First of all, I understand your frustrations. However, I also understand why residents feel they have no other choice but to force their way in since the gate won’t open for them.

It is important to investigate why the gate keeps malfunctioning in the first place. Perhaps it is an issue your gate company or provider can resolve. There must be something wrong with the system for it to constantly stop working, therefore not allowing the gate to open. Solving the root cause of the problem is the key here.

If it is not an issue with the gate or system itself, perhaps it is more of user error. This means there is a lack of education on the part of residents. Consider setting up a meeting or session where you can teach residents how to properly open the gate and what they can do if it does not respond. Send out instructions in the form of pamphlets or flyers. Include it in your announcements, newsletters, and social media posts. Educating residents on the proper use of the gate is a good way to limit user error and the subsequent breakdown of your gate.

I would also suggest having a guard on post. It would simply be unreasonable to ask a board member or your community manager to remain on-call 24/7 in case of something like this. If a resident has trouble opening the gate in the wee hours of the morning, a board member or manager would have to pry themselves out of bed and personally tend to the problem, assuming they can’t resolve the issue remotely. The resident in question would also need to wait a good while until the board member or manager reaches them, which would be inconvenient for all parties involved.

Having a guard on standby or on post would be of help. They can help residents open the gate if they can’t do it themselves. Of course, this would mean having to hire an employee, which opens your community to an entire host of other potential problems and liabilities, especially if you don’t already employ regular workers. Perhaps you can ask your management company or gate provider for assistance with this.

I hope this helps!

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Hi @LizB,

As far as I know, Texas law does not regulate this. However, your governing documents might. Check your CC&Rs and bylaws to see what payment methods and forms of payment your HOA accepts. If collecting dues personally at meetings is not permitted by your governing documents, then I would refrain from doing so as it would violate your rules.

Moreover, while I understand why you wish to adopt this practice, it does not seem to be wise as it would expose you to certain risks. For one thing, there is a risk of checks or payments getting lost in transit. There is also a greater risk of fraud or theft, as the person in charge of collecting these payments could easily “misplace” them. Lastly, there is a risk of poor tracking or recording. You would issue receipts to owners, yes, but you would also need to establish a strict recording system to monitor owners who paid in person. This system must be accurate and secure.

With other payment methods, there is an easy way to keep track of cash movement. Electronic payments have an audit trail you can conveniently check, complete with timestamps. When you accept physical payments, all you have are written receipts and logs — things that can easily be manufactured or faked. You would have to rely on “he said, she said” when a dispute comes up.

Of course, the decision is entirely up to your HOA board, provided your governing documents allow this type of setup.

Hope this helps.

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Hi David,

As far as I’m aware, interest income is taxable regardless of which form you use (Form 1120 or 1120-H). I’d check with your HOA accountant for clarification if I were you, though.

Hope this helps.

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Hi Kidjus79,

The process and requirements for removing a director depend on where you are. State statutes can differ. Generally, though, you would need to call a special meeting and put it to a vote. If a majority of members approve the removal, then the director may be removed. Your bylaws should also tell you how you can remove a director.

Hope this helps.

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Hi,

I’d check the governing documents of the HOA to see if this arrangement is possible. Generally, it is NOT a good idea to waive an owner’s fees in exchange for services. Instead, have the homeowner pay their fees as anyone else would. Then, the HOA can simply compensate the owner for services, much like a vendor. This establishes a more standard and professional way of doing things. It also leaves a paper trail in terms of notices, invoices, receipts, etc.

Hope this helps.

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Hi,

Your HOA should have a copy of all governing documents. Ask your HOA board or manager for a copy. You could also go to your county recorder’s office for a copy.

Hope this helps.

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Hi,

I think what you’re requesting is possible. I have personally not experienced it but I don’t see why it wouldn’t be possible. I’d go ahead and check with your lawyer. This isn’t something that just anyone can tackle.

Hope this helps.

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