Texas no HOA as developer never filed forms big mess

Started by StephenZ • 3 replies • 2824 views

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StephenZ (Texas)
Posts: 13

Posted:

Our section (1 of 3 sections in our neighborhood but with all different CCR'S) has been comletely finished for a few years. The developer would never respond to our requests to take over and no one wanted to chip in to get a lawyer. Now years later, we (a few very concerned owners) found out from our Management Co. that we our broke adn they are dropping us as they cannot get a hold of the developer to approve payments or address what to do with no funds to pay bills.

The Management CO. let us see the books and we see we owe $60k for a variety of reasons. We believe the Developer has mis-appropriate our funds but that is anouther story.

Current situation:
No HOA Board (which we were just going to hire a lawyer to establish)
No Management Co.
Street lights to go off soon as 3 months behind on payments.

As Developer never filed for us to be a HOA, we are unclear how to proceed. The lawyer we were going to hire does not want to get involved now that all this has come to light.

Questions:
1. What recourse do the vendors that we owe money have to get paid now that there is no Management Co?
2. Is the Developer resposible to pay these bills?
3. If we establish our own HOA, will they then sue us to get payment?

Best solution for us possibly:
One of our sections is voting to establish their own HOA with a lawyer. This should happpen mid Dec. They want to ask us to join their HOA which I believe we need a signed petetion of 60% owners to join them.
If we joined them, we they now be liable for all our debt?

The final plan is for all three sections to be one HOA.

What a way to go into the Holiday season.

All feed back is appcreciated.

GlenL (Ohio)
Posts: 5,491

Posted:

Step one and I cannot stress this enough, GET AN ATTORNEY!!!!!!!!! This is not a situation for self help. Typically when an HOA is formed one of the first things the developer does is register the HOA as a corporation, so I would contact your state's Secretary of States Office to see if the corporation exists. I would look in your CC&Rs for the corporate name, at least in ours there is the corporate name, the Articles of Incorporation and the By-laws. You might also check with the local Zoning Board, somebody, somewhere approved your development and there are typically specific hoops the developer must jump through before the first shovel of dirt is turned. You might also check to see if the developer had to post any bonds with the city, county or township to insure completion.

Studies show that 5 out of 4 people have problems with fractions

StephenZ (Texas)
Posts: 13

Posted:

Got some more information, can someone tell me what this means?

Parkway Lakes Village Homeowners Association, Inc. Parkway Lakes Village Homeowners Association, Inc. has a location in Houston, TX. Active officers include Robert Ferguson, Tammy Huynh and Paul Moore. Parkway Lakes Village Homeowners Association, Inc. filed as a Domestic Nonprofit Corporation on Thursday, March 03, 2005 in the state of Texas and is currently active. Planned Community Management, Inc. serves as the registered agent for this organization.

A.K.A.: Parkway Lakes Village Homeowners Association, Inc.;
Filings: Domestic Nonprofit Corporation (TX - Active)
State of Record: TX
State Reference ID: 800461786
Registered Agent: Planned Community Management, Inc.
File Date: Thursday, March 03, 2005
Active: True
Filing Type: Domestic Nonprofit Corporation

Source: Texas Secretary of State last refreshed Thursday, October 27, 2011

This is my section name
Description in Tax board
Legal Description:
MEADOWS OF PARKWAY LAKES SEC 1

StephenZ (Texas)
Posts: 13

Posted:

Also found this informaation and I believe this is for our section. The one above is for adjacent section.

Westheimer Parkway Lakes Property Owners Association, Inc. Westheimer Parkway Lakes Property Owners Association, Inc. has a location in Houston, TX. Active officers include Robert B Ferguson, Tammy Huynh and Paul Moore. Westheimer Parkway Lakes Property Owners Association, Inc. filed as a Domestic Nonprofit Corporation on Friday, July 28, 2000 in the state of Texas and is currently active. Planned Community Management, Inc. serves as the registered agent for this organization.

A.K.A.: Westheimer Parkway Lakes Property Owners Association, Inc.;
Filings: Domestic Nonprofit Corporation (TX - Active)
State of Record: TX
State Reference ID: 159223101
Registered Agent: Planned Community Management, Inc.
File Date: Friday, July 28, 2000
Active: True
Filing Type: Domestic Nonprofit Corporation

Source: Texas Secretary of State last refreshed Thursday, October 27, 2011

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