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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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DonO
(Texas)
Posts:2
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| 04/18/2008 8:43 AM |
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| In our by-laws it specifically denotes that certain priveleges are available to ALL Association residents "in good standing with dues"(pool, clubhouse rental,etc.)It was brought up that by TEXAS law, we can not disallow use of these or any amenities simply due to the fact they are not paying their dues. I have never heard of this and somehow don't feel this is true, otherwise why would anyone pay when they "have their cake and eat it too!"? Any knowledgeable help would help!! |
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BrianB
(California)
Posts:1748
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| 04/18/2008 9:19 AM |
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In Missouri, we practice "Show me".
perhaps Texas could benefit from that too. Next time someone says that, ask them to show you in the statutes what they are refereing too. Perhaps they are correct, perhaps they are confused with something else.
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SueW1
(Texas)
Posts:26
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| 04/18/2008 9:22 AM |
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Maybe the state of Texas property codes will help you. click the links below.
PROPERTY CODE
CHAPTER 204. POWERS OF PROPERTY OWNERS' ASSOCIATION RELATING TO RESTRICTIVE COVENANTS IN CERTAIN SUBDIVISIONS
http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm
the pdf file for
http://tlo2.tlc.state.tx.us/statutes/docs/PR/content/pdf/pr.011.00.000204.00.pdf
for the msword file
http://tlo2.tlc.state.tx.us/statutes/docs/PR/content/word/pr.011.00.000204.00.doc
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SueW1
(Texas)
Posts:26
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| 04/18/2008 9:28 AM |
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| good reply. Make them show it and do the work. Futhermore, they may not even undertstand what they are saying. I have found more times than not people go off of what someone else tells them to say. I have learned its usually incorrect information, so I research. |
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SueW1
(Texas)
Posts:26
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| 04/18/2008 10:07 AM |
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the link I gave above, you will just have to surf and scan through them.
However, I have a link that is specific with enforcement
http://tlo2.tlc.state.tx.us/statutes/docs/PR/content/pdf/pr.011.00.000209.00.pdf
§ 209.006.
good luck |
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DonO
(Texas)
Posts:2
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| 04/18/2008 11:18 AM |
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| Thank You! Very helpful! |
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BrianB
(California)
Posts:1748
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| 04/18/2008 11:24 AM |
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I would say Don, based on what i read from Sue, you certainly can suspend an owners enjoyment of common area rights for non payment of assessments, etc..
You have to follow procedures, but you can certainly do it. |
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