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Subject: trying to make hoa better
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Author Messages
JohnH57
(Texas)

Posts:23


08/07/2017 7:00 PM  
I have been contacting others in HOA's the past few weeks to see if they had any tips on what makes theirs run well. Basically we had a company that did nothing for us but warn people which led to 2 years of people not paying hoa fee's or fines. When we switched companies this last February we were told that $119k was owed for fines or non paying people around the neighborhood. Many renters have moved in and with that has caused some problems with non kept lawns or bringing in illegal vehicles(trailers, boats, rv's and big rig's) to the neighborhood. The President is having me over for dinner tomorrow because he has seen me at the meetings and know people respect me. He knows I am passionate about making our neighborhood a better place after watching me turn down people filing dumb requests through the ACC. No one on the ACC before did anything beside approve everything and they needed someone so yes I am the Chairman. That also is a problem because people know they are supposed to be filing paperwork but have been caught over the past few months doing what they wish without filing it. The new management company actually has been great handing out fines but with over 1400 homes to look over its a lot of work. If anyone could let me know what positive things make their HOA run better and can share it would be much appreciated. My neighbor and I chatted earlier and so far alot of it Fort Worth is going to have to go after homeowners for but they have been very problematic to work with.

On the list so far
-Go after violations to clean up this neighborhood
-Lack of ACC requests
-parking in driveways instead of the streets
-stop signs


TimB4
(Virginia)

Posts:14861


08/07/2017 7:58 PM  
Transparency - let everyone know what is going on via newsletters, web, etc.

Not aggressive enforcement - that is to say, if someone complains check it out and act accordingly but don't go looking without a complaint except for a yearly inspection

Notice of upcoming yearly inspection - gives people time to get ready.

Realistic time frame to fix - for example, if (during our annual inspection) we see that the home needs painted we give them a year to do that. If it isn't done, then it's enforcement time. For example: if we see that the hand rails need painting, we give them 30 days to correct.

Published guidelines - guidelines are standards that are used for the approving authority to determine if a request should be approved or not. Make sure everyone knows those standards by publishing them.

Review existing guidelines - It's important to keep things current with how the neighborhood is changing. When our committee reviewed the guidelines, we did a quick inspection to identify where we were now. We used that basis to amend our guidelines. Example: 85% of the homes had garden flags or other decorative objects. We proposed and the Board approved allowing decorative items no taller then 2 feet without approval (nobody wants to go after 85% of the membership for garden flags). If concerned of abuse, limit the number of items one can have without approval.

JohnH57
(Texas)

Posts:23


08/07/2017 8:17 PM  
Well for example I like seeing people place a new roof or fence on the property but it all needs to be filed. In the past 2 months driving around 4 people have done fences without approval larger then the 8 foot allowance or the board next to board type. Two people have placed up red shingled roofs which many people are mad about thinking they were approved for them which they were not. They are going to get fined for it and sure they will not be happy with having to have it redone.

A newsletter is going out every month to the homeowners but pretty sure updates and all are not included to the renters. A year ago basically no one showed up the the HOA meetings but since I got the word out of the importance to attend its grown to about 10-20 that show. To many complain on social networks about all the bad stuff going on but they never will attend meetings themselves.

I am not sure when the guidelines have been looked at and updated.

If someone is caught doing something though like a long grass or illegal vehicle it used to be a turn around of 30 days to fix which to many got away with stuff over and over so they fixed it to a 10 day turn around.
TimB4
(Virginia)

Posts:14861


08/08/2017 1:36 AM  
Posted By JohnH57 on 08/07/2017 8:17 PM

Well for example I like seeing people place a new roof or fence on the property but it all needs to be filed.




In my Association no approval is needed if they are replacing anything with the same style, color.



Keep in mind, you asked for tips that make Associations run well.

What I provided works for us.
AugustinD


Posts:603


08/08/2017 6:46 AM  
When providing the required written notice to HOA members of violations, quote your HOA's governing documents exactly. The governing documents are the Declaration, Bylaws, Rules & Regs, covenants. Let the governing documents do the talking. This may require frequent study of the governing documents, but it will pay off. Be factual, without emotion. Do you have a system of fines? If not, start talking about this with the board and the rest of the architectural review volunteers.
JohnH57
(Texas)

Posts:23


08/08/2017 9:15 AM  
System of fines do you mean first you get a warning then second offence is $50 only to double each offence or not corrected after that? We do have that and if they do not get caught for 6 months it goes back to a warning. Today and last night I have contacted a few of the better neighbors to see what they wish to have looked at or changed around the neighborhood that I can talk to the President tonight about. The ex president was voted off because for 5 months he wasted time and money of the HOA due to trying to find a vendor to fix one of the playgrounds. Basically in 5-7 months all the board truly has done was fix both playgrounds and ordered new furniture for the pools. They took the property managers time away from writing violation tickets away to make her run around doing other errands. So far alot of people are upset over the yards and the parking on the street. I have been speaking with the District Director about the parking itself and they contacted the TWP with hopes we can have some kind of parking enforcement added. The president told me he would be against that himself because he would basically be hanging himself if he backed that.
KerryL1
(California)

Posts:4386


08/08/2017 2:12 PM  
Does your property mgr. have an office on your premises, JohnH? Is the PM at your HOA 40 hours a week? Does you PM have an assistant of any kind?

Kudos to you for your willingness to spend your time trying to improve your HOA!
DouglasM6
(Arizona)

Posts:438


08/08/2017 5:24 PM  
I second the Kudos!

Make a list of all these things you ask and all the questions you have about the HOA and go talk to an attorney. It was the best thing I ever did. There's lots of great advice on this site, but the attorney was very helpful in getting me stated in the right direction.
JohnH57
(Texas)

Posts:23


08/09/2017 6:49 AM  
Posted By KerryL1 on 08/08/2017 2:12 PM
Does your property mgr. have an office on your premises, JohnH? Is the PM at your HOA 40 hours a week? Does you PM have an assistant of any kind?

Kudos to you for your willingness to spend your time trying to improve your HOA!




She does not have a office on the premises unfortunately. We are in Fort Worth and her office is in Irving which is a good 30 minutes. She is 40 hours a week that I know of and the board has paid her to come weekends but basically has only done one weekend which she offered for me to do a ride along with her to see what all she covers. I believe she has a assistant.

When I had gone over to the Presidents house last night I was greeted by two board members as I unpacked my stuff. The first question they asked was if I was to be on the board what would I do first or think I would need to do. I smiled and said learn from the others that have experience so I would not be caught up in mistakes of the past that is angering people now. They told me that was very interesting because they expected me to say something like well i need to do this or that right off the bat. Then they asked me what would I change first off. At this time I figured with the questions they were trying to get me appointed to the board which they both said after a hour they both wanted me on the board with them. I had told them before the meeting I had sent out many emails to people all over the neighborhood to get the input of what the problems were that needed fixing. Street parking, lawns mowed, tree's trimmed that hang over sidewalks, and one of the biggest things was land lords being held responsible for the tenants. The tenants in our 1400 plus home neighborhoods are moving in and not being held to the same standards as the rest of us. Because of this, we are seeing neglected yards or homes that have 8 cars like the renter that lives next to me. Many people instead of using the garage for vehicles are placing tv's along with sofas in there while the vehicles are parked on the street. At the end of the meeting they both asked how hard it would be for me to go out and get proxies but that our neighborhood needed a younger crowd on the board which was me(35).
DouglasM6
(Arizona)

Posts:438


08/09/2017 12:20 PM  
Good for you! But beware. As soon as you get on the board, and start being proactive and getting things moving again, those other board members who were satisfied with the status quo will bail on you. You'll need like minded folks to replace them.

I would start with the enforcement of the rules on the owners who are renting. That is the simplest one to address. You send a letter of violation to the owner, not the renter. The you send monetary assessments (fines) for the violations. Increase the fines till they force compliance on their renters.
JohnH57
(Texas)

Posts:23


08/09/2017 11:10 PM  
Well that needs to happen asap...I have a renter that lives next to me that has 16 complaints on the city code enforcement site but also for last 2 years has been harassing neighbors and I with the 7 dogs(4 over legal limit) and the 8 trucks he parks in front of of every ones homes but lets not forget the nuisance fines of him and the teens coming home at 2-3am in the loud vehicles waking people up....sad thing is he is a cop that thinks he can get away with anything. The new HOA really needs to just place homes like next door to me on leans which we have a few problem people around.
JanetB2
(Colorado)

Posts:3642


08/11/2017 1:44 AM  
Posted By JohnH57 on 08/07/2017 7:00 PM
I have been contacting others in HOA's the past few weeks to see if they had any tips on what makes theirs run well. Basically we had a company that did nothing for us but warn people which led to 2 years of people not paying hoa fee's or fines. When we switched companies this last February we were told that $119k was owed for fines or non paying people around the neighborhood. Many renters have moved in and with that has caused some problems with non kept lawns or bringing in illegal vehicles(trailers, boats, rv's and big rig's) to the neighborhood. The President is having me over for dinner tomorrow because he has seen me at the meetings and know people respect me. He knows I am passionate about making our neighborhood a better place after watching me turn down people filing dumb requests through the ACC. No one on the ACC before did anything beside approve everything and they needed someone so yes I am the Chairman. That also is a problem because people know they are supposed to be filing paperwork but have been caught over the past few months doing what they wish without filing it. The new management company actually has been great handing out fines but with over 1400 homes to look over its a lot of work. If anyone could let me know what positive things make their HOA run better and can share it would be much appreciated. My neighbor and I chatted earlier and so far alot of it Fort Worth is going to have to go after homeowners for but they have been very problematic to work with.

On the list so far
-Go after violations to clean up this neighborhood Awesome ... Everyone should follow the CCR's!!!
-Lack of ACC requests Again ... do the CCR's not state that ACC is required for changes noted in the CCR's?
-parking in driveways instead of the streets This can be sticky situation ... Potentially if the HOA owns and maintains via their HOA assessments the streets the HOA can regulate. If they are owned and maintained as "public property" owned by the local government then the HOA potentially either cannot or should not regulate. This can depend on your documents and state laws. For example NV in past had HOA's trying to foreclose on homes due to "fines" against owners for parking on public streets (essentially property NOT owned by the HOA). Nevada legislators passed a law forbidding HOA's from regulating property they do not own. In my state all you have to do is look at the definition of a common interest community. Essentially it is property where everyone via their contract pays "HOA assessments" to maintain and improve.
-stop signs LOL ... He who owns the streets can post signs. Again, does the HOA own the property or is it local government?





JohnH57
(Texas)

Posts:23


08/11/2017 11:22 AM  
Posted By JanetB2 on 08/11/2017 1:44 AM
Posted By JohnH57 on 08/07/2017 7:00 PM
I have been contacting others in HOA's the past few weeks to see if they had any tips on what makes theirs run well. Basically we had a company that did nothing for us but warn people which led to 2 years of people not paying hoa fee's or fines. When we switched companies this last February we were told that $119k was owed for fines or non paying people around the neighborhood. Many renters have moved in and with that has caused some problems with non kept lawns or bringing in illegal vehicles(trailers, boats, rv's and big rig's) to the neighborhood. The President is having me over for dinner tomorrow because he has seen me at the meetings and know people respect me. He knows I am passionate about making our neighborhood a better place after watching me turn down people filing dumb requests through the ACC. No one on the ACC before did anything beside approve everything and they needed someone so yes I am the Chairman. That also is a problem because people know they are supposed to be filing paperwork but have been caught over the past few months doing what they wish without filing it. The new management company actually has been great handing out fines but with over 1400 homes to look over its a lot of work. If anyone could let me know what positive things make their HOA run better and can share it would be much appreciated. My neighbor and I chatted earlier and so far alot of it Fort Worth is going to have to go after homeowners for but they have been very problematic to work with.

On the list so far
-Go after violations to clean up this neighborhood Awesome ... Everyone should follow the CCR's!!!
-Lack of ACC requests Again ... do the CCR's not state that ACC is required for changes noted in the CCR's?
-parking in driveways instead of the streets This can be sticky situation ... Potentially if the HOA owns and maintains via their HOA assessments the streets the HOA can regulate. If they are owned and maintained as "public property" owned by the local government then the HOA potentially either cannot or should not regulate. This can depend on your documents and state laws. For example NV in past had HOA's trying to foreclose on homes due to "fines" against owners for parking on public streets (essentially property NOT owned by the HOA). Nevada legislators passed a law forbidding HOA's from regulating property they do not own. In my state all you have to do is look at the definition of a common interest community. Essentially it is property where everyone via their contract pays "HOA assessments" to maintain and improve.
-stop signs LOL ... He who owns the streets can post signs. Again, does the HOA own the property or is it local government?










Well unfortunately the tenants are not being held to the same standards as the home owners..that or the people renting the homes are not letting them know what the laws are thus allowing them do what they wish. We have a few people in the neighborhood that owe several thousand dollars each to the HOA. One lady from what I was told the other night is on a payment plan she owes so much.

As for the ACC yes they do need to apply for things such as fences, roofs, and any exterior deal they wish to do. Last night I got a request for a purple door.

I have not looked into the extent of the laws for Texas though I probably need to start looking. You have a good link? The roads are public but its weird that we have to fight Fort Worth so much for simple stop signs since we have had more then 4 kids hit by vehicles from lack of signs allowing speeders to not look where they are going.
TimM11


Posts:102


08/11/2017 12:31 PM  
Posted By JohnH57 on 08/11/2017 11:22 AM

Well unfortunately the tenants are not being held to the same standards as the home owners..that or the people renting the homes are not letting them know what the laws are thus allowing them do what they wish.




The HOA should be enforcing the CC&Rs against the homeowners, not the tenants, and they're responsible for informing their tenants what the rules are. So if a tenant does something that results in a fine, you would fine the homeowner.
JanetB2
(Colorado)

Posts:3642


08/12/2017 5:57 PM  
Posted By JohnH57 on 08/11/2017 11:22 AM
Posted By JanetB2 on 08/11/2017 1:44 AM
Posted By JohnH57 on 08/07/2017 7:00 PM
I have been contacting others in HOA's the past few weeks to see if they had any tips on what makes theirs run well. Basically we had a company that did nothing for us but warn people which led to 2 years of people not paying hoa fee's or fines. When we switched companies this last February we were told that $119k was owed for fines or non paying people around the neighborhood. Many renters have moved in and with that has caused some problems with non kept lawns or bringing in illegal vehicles(trailers, boats, rv's and big rig's) to the neighborhood. The President is having me over for dinner tomorrow because he has seen me at the meetings and know people respect me. He knows I am passionate about making our neighborhood a better place after watching me turn down people filing dumb requests through the ACC. No one on the ACC before did anything beside approve everything and they needed someone so yes I am the Chairman. That also is a problem because people know they are supposed to be filing paperwork but have been caught over the past few months doing what they wish without filing it. The new management company actually has been great handing out fines but with over 1400 homes to look over its a lot of work. If anyone could let me know what positive things make their HOA run better and can share it would be much appreciated. My neighbor and I chatted earlier and so far alot of it Fort Worth is going to have to go after homeowners for but they have been very problematic to work with.

On the list so far
-Go after violations to clean up this neighborhood Awesome ... Everyone should follow the CCR's!!!
-Lack of ACC requests Again ... do the CCR's not state that ACC is required for changes noted in the CCR's?
-parking in driveways instead of the streets This can be sticky situation ... Potentially if the HOA owns and maintains via their HOA assessments the streets the HOA can regulate. If they are owned and maintained as "public property" owned by the local government then the HOA potentially either cannot or should not regulate. This can depend on your documents and state laws. For example NV in past had HOA's trying to foreclose on homes due to "fines" against owners for parking on public streets (essentially property NOT owned by the HOA). Nevada legislators passed a law forbidding HOA's from regulating property they do not own. In my state all you have to do is look at the definition of a common interest community. Essentially it is property where everyone via their contract pays "HOA assessments" to maintain and improve.
-stop signs LOL ... He who owns the streets can post signs. Again, does the HOA own the property or is it local government?






Well unfortunately the tenants are not being held to the same standards as the home owners..that or the people renting the homes are not letting them know what the laws are thus allowing them do what they wish. We have a few people in the neighborhood that owe several thousand dollars each to the HOA. One lady from what I was told the other night is on a payment plan she owes so much.

As for the ACC yes they do need to apply for things such as fences, roofs, and any exterior deal they wish to do. Last night I got a request for a purple door.

I have not looked into the extent of the laws for Texas though I probably need to start looking. You have a good link? The roads are public but its weird that we have to fight Fort Worth so much for simple stop signs since we have had more then 4 kids hit by vehicles from lack of signs allowing speeders to not look where they are going.


As Tim noted ... It is the Owner's who are held responsible via the CCR's. The HOA does not control the tenants as they are not the ones who signed the contract accepting the CCR's against property titles ... the owner has that responsibility. When an owner gets fined enough for their tenants actions they will hopefully at some point kick them out if continual violators.

Texas HOA statutes can be found here:
http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm

If you are a Condo, let us know and we can provide those statutes. Also, keep in mind if you are registered as a Non-Profit organization then you will have those statutes which can apply and Contract Law. You can search google or other browser for terms such as "Texas HOA Statutes", "Texas Non-Profit Statutes", etc. to find many links to help.
JohnH57
(Texas)

Posts:23


08/13/2017 4:37 PM  
Oh I know its the owners that are held responsible but the problem we basically have is a company that worked for our neighborhood for 2 years basically kept sending out warnings but never any fines. So that allowed many people to think they could do what they wish as it seemed very relaxed. Many of us are pretty ticked off about the whole thing especially my neighbors and I with the renter next door. That company actually is being taken to court from what I hear because they tried to take off with about $60k worth of HOA funds that was not being accounted for. The new company we have came in guns blazing sending out notices and fines for those who were not following the rules. Unfortunately since so many had become relaxed they started posting on facebook all their drama like typical children causing problems for the board and management company. A few people in the neighborhood owe upwards of $6k because they did not feel like paying HOA dues or fee's which I think a more harsh act should be dropped on them instead of offering payment plans. The last company left so much work for this new management company which is trying to play catch up while the board is a whole other problem. The president and another board member do not even want to be on the board and want me to sign on because I care about the neighborhood itself and where it goes. Lately many investors are buying up property which is another problem because once it is bought a rental goes up. Weeks or months later if you are to look at those yards weeds are growing or trash cans which are not to be seen from the front of the home are in the driveways or in the streets once rented. Another problem we have is the City of Fort Worth does not want to work with us and code enforcement does not do their job properly. I spoke to the head supervisor with corrections only to be lied to which the District Director and I have been speaking and she has me voice all concerns with her after showing her on video code drove by a violation only to write nothing seen on the city online form.
MelissaP1
(Alabama)

Posts:6789


08/13/2017 5:36 PM  
You know what made my HOA better? Simply by following and instituting the rules. I brought a copy to each meeting. Did not give an answer unless could quote it from those rules. If someone did not have a copy, I would tell them where to get a copy or burn on CD. If you educate yourself first on the CC&R's, By-laws, and Articles of Incorporation, then you can make changes. Knowing how those documents work with each other is essential. Know them backwards and forwards. Be the "expert" on documentation.

Your HOA can't just randomly enforce fines. There has to be a "fining schedule". Plus have to verify your HOA is allowed to enforce fines. It's the HOA responsibility unless your paying your MC to do it. If so, is the HOA getting that fine money or them?

Understand your relationship to the Management company is. Read the contract to find out what they are to do. Sometimes lines blur. It may be time to review if what is contractual written is necessary or wanted. The HOA runs the show not the MC.

For those not paying. We instituted a rule of 6 months behind we lien. 1 year behind we consider foreclosure. Once that is established it helps with collections. It sorts out those who are not paying out of "protest", don't know they owe, or can't afford it.

It takes a culture change. One of the hardest things to accomplish. It's possible. Just have to stick to the rules and know them.

Former HOA President
PitA


Posts:0


08/14/2017 8:32 AM  
You know what made my HOA better? Simply by following and instituting the rules. I brought a copy to each meeting. Did not give an answer unless could quote it from those rules. If someone did not have a copy, I would tell them where to get a copy or burn on CD. If you educate yourself first on the CC&R's, By-laws, and Articles of Incorporation, then you can make changes. Knowing how those documents work with each other is essential. Know them backwards and forwards. Be the "expert" on documentation


You know what made my HOA better? Simply by following and instituting the rules. I brought a copy to each meeting. Did not give an answer unless could quote it from those rules. If someone did not have a copy, I would tell them where to get a copy or burn on CD. If you educate yourself first on the CC&R's, By-laws, and Articles of Incorporation, then you can make changes. Knowing how those documents work with each other is essential. Know them backwards and forwards. Be the "expert" on documentation


You know what made my HOA better? Simply by following and instituting the rules. I brought a copy to each meeting. Did not give an answer unless could quote it from those rules. If someone did not have a copy, I would tell them where to get a copy or burn on CD. If you educate yourself first on the CC&R's, By-laws, and Articles of Incorporation, then you can make changes. Knowing how those documents work with each other is essential. Know them backwards and forwards. Be the "expert" on documentation



WORDS TO LIVE AND 'GOVERN' BY
JohnH57
(Texas)

Posts:23


08/20/2017 3:22 PM  
I do thank you all for the advice. Seems like we do have a new problem now. We have not had a board meeting since the beginning of June. Many people in the neighborhood are pissed and say the President along with the board have until the 27th of this month to post when the next meeting will be. I have no idea what happens next if this is true. The neighborhood in the past 2 months has people now not cutting their grass along with one person has had a trailer in the front yard for almost 3 weeks now.
DjB2
(Pennsylvania)

Posts:49


08/20/2017 8:11 PM  
Our development here in Pennsylvania is 32 townhomes, 4 rows of 8 units each. Half of our units are rentals. We're self-managed by an all-volunteer board. I've been the HOA President for almost 10 years, and I've lived in the development for the last 33 years. What has always worked extremely well for us in terms of owners and residents complete compliance with our Bylaws and the CC&Rs, is that we maintain an-up-to-date email contact list of all owners, all residents, and all property management companies - and we email all of them anytime anything is happening or scheduled to be happening within the development. Spring, fall, and especially summer are our busy times of the year here, so we probably send out at least an email a week about what's going on to the entire list during many of those months. On top of that we send out occasional Public Service Announcements concerning things that might be of interest to owners and tenants, such as fire safety, adequate insurance, etc. During the warm months, our Board walks the entire development weekly, or so, as it only takes about 15 minutes to do so. If we spot any CC&R or Bylaws violations anywhere, we email the owner, or them and their tenants and property manager if it is a rental. Compliance with correcting any violations usually occurs in just a few days, but if not they get a follow-up email within 5 days or so of the original request. If another 4 or 5 days go by without a correction, then they get a phone call and/or a personal visit. We almost never have any problems which escalate to the this point.
BillH10
(Texas)

Posts:150


08/21/2017 3:02 PM  
JohnH57

What is the driver behind the deadline of a meeting by a date certain? Do your documents stipulate meetings are to be held at certain intervals or on certain days/dates?

It is not uncommon for Association boards to meet less frequently than monthly, most documents I have seen state the Board must meet once at least once annually and are silent regarding more frequent meetings. Every other month or Quarterly seem popular choices.
KerryL1
(California)

Posts:4386


08/21/2017 3:23 PM  
How often do your Bylaws say there must be Board meetings, Bill?

How are you going to get the board to start fining Owners for violations?
JohnC46
(South Carolina)

Posts:7010


08/21/2017 4:20 PM  
Our CCR's call for at least Quarterly BOD Meetings. This does not mean we must wait until then to notify our MC of a violation and the correction process commences.
JohnH57
(Texas)

Posts:23


08/22/2017 1:25 PM  
They were monthly but then the ex president made the lawyers get involved which caused a massive hate group to show up and the back lash is pretty back here with many adults acting like children. Basically some people in dividing themselves into groups. After the ex president resigned from being part of the board all together we had another meeting at the start of June. Since then we have had no newsletters, no emails,no updated minutes since March, and the property manager is not contacting anyone. I do believe it says we are supposed to have meetings at least quarterly according to the HOA. Its almost like everyone is on strike. My father was HOA president back when I was younger in MI. He said at this point if the board is not doing anything and the yards like I saw coming to your home are not getting fined the board can be thrown off with elections for a new board.
JohnH57
(Texas)

Posts:23


08/24/2017 11:18 AM  
Just wondering does a neighborhood need a certain percentage vote to stop more rentals coming in? I was at the Presidents house last night and he said we have a incredible high amount...more then we should have. I also learned since we have 4 seats with the 5th one open I am to be appointed to the 5th at the next meeting coming up. Besides being the chairman of the ACC i really wanna get in there to just help the neighborhood but wanna start off strong...any tips? Maybe some suggestions on what a new member could say to start off strong?
JanetB2
(Colorado)

Posts:3642


08/25/2017 2:53 AM  
Posted By JohnH57 on 08/13/2017 4:37 PM
Oh I know its the owners that are held responsible but the problem we basically have is a company that worked for our neighborhood for 2 years basically kept sending out warnings but never any fines. So that allowed many people to think they could do what they wish as it seemed very relaxed. Many of us are pretty ticked off about the whole thing especially my neighbors and I with the renter next door. That company actually is being taken to court from what I hear because they tried to take off with about $60k worth of HOA funds that was not being accounted for. The new company we have came in guns blazing sending out notices and fines for those who were not following the rules. Unfortunately since so many had become relaxed they started posting on facebook all their drama like typical children causing problems for the board and management company. A few people in the neighborhood owe upwards of $6k because they did not feel like paying HOA dues or fee's which I think a more harsh act should be dropped on them instead of offering payment plans. The last company left so much work for this new management company which is trying to play catch up while the board is a whole other problem. The president and another board member do not even want to be on the board and want me to sign on because I care about the neighborhood itself and where it goes. Lately many investors are buying up property which is another problem because once it is bought a rental goes up. Weeks or months later if you are to look at those yards weeds are growing or trash cans which are not to be seen from the front of the home are in the driveways or in the streets once rented. Another problem we have is the City of Fort Worth does not want to work with us and code enforcement does not do their job properly. I spoke to the head supervisor with corrections only to be lied to which the District Director and I have been speaking and she has me voice all concerns with her after showing her on video code drove by a violation only to write nothing seen on the city online form.


If you are concerned and appears from the bold item above you noted ... you need to be on he Board to hopefully properly move them forward. If the current BOD is not following the CCR's that can open the HOA to legal liability. If there are items in the documents the owner's no longer want to follow then they need to at an appropriate meeting of the Owners choose to Amend the documents to reflect the owner's desires. This will remove any legal liability from the Owners and the HOA with regards to enforcing the CCR's.
JohnC46
(South Carolina)

Posts:7010


08/25/2017 3:35 AM  
Posted By JohnH57 on 08/24/2017 11:18 AM
Just wondering does a neighborhood need a certain percentage vote to stop more rentals coming in? I was at the Presidents house last night and he said we have a incredible high amount...more then we should have. I also learned since we have 4 seats with the 5th one open I am to be appointed to the 5th at the next meeting coming up. Besides being the chairman of the ACC i really wanna get in there to just help the neighborhood but wanna start off strong...any tips? Maybe some suggestions on what a new member could say to start off strong?




The ability to ban rentals can vary state to state but generally all owners would have to agree as in 100% of all owners, a near impossible task. I have heard of a new Covenant being passed to ban rentals but those presently renting their unit out may continue to do so indefinitely. This might fly.
JanetB2
(Colorado)

Posts:3642


08/25/2017 4:52 AM  
Posted By JohnC46 on 08/25/2017 3:35 AM
Posted By JohnH57 on 08/24/2017 11:18 AM
Just wondering does a neighborhood need a certain percentage vote to stop more rentals coming in? I was at the Presidents house last night and he said we have a incredible high amount...more then we should have. I also learned since we have 4 seats with the 5th one open I am to be appointed to the 5th at the next meeting coming up. Besides being the chairman of the ACC i really wanna get in there to just help the neighborhood but wanna start off strong...any tips? Maybe some suggestions on what a new member could say to start off strong?



The ability to ban rentals can vary state to state but generally all owners would have to agree as in 100% of all owners, a near impossible task. I have heard of a new Covenant being passed to ban rentals but those presently renting their unit out may continue to do so indefinitely. This might fly.


You should check and see what various mortgage loans allow and currently look at with regards to this issue. Having this data on hand can potentially help the BOD in convincing owners to Amend your CCR's if needed. However, keep in mind if you need to amend your CCR's you need to do it while you have more Owner units vs Rental units. If you reach the point where Investors renting are more prevalent than those who Own and physically live on site, you will have big issues.
JohnH57
(Texas)

Posts:23


08/25/2017 1:24 PM  
I hope we are not at that point already. In the 5 phases of the neighborhood we have now someone said 30 percent of each is are rentals. It was bad enough trying to get the home owner next door to return an email about his bad tenants that have had next door for 2 years and who knows when they will be gone. The President made it sound like its a sure thing that on Sept 6th I will be a board member which will tick off some people that want it due to trying to see whats in the financials. We had a board member that was leaking info out to a lady that used to live in our neighborhood and she posts it on her facebook site. At one point info got out were a list of who owed dues was able to be seen from everyone with every ones home address along with number plus amounts owed. It really is a mess here right now.
GenoS
(Florida)

Posts:1633


08/25/2017 9:23 PM  
I understand that Texas is not Florida, but for what it's worth, in Florida, homeowners have the right to inspect all financial records and that includes the monthly accounts receivable delinquency report. When an owner gets access to that report there's no requirement that they sign a non-disclosure agreement, so there's nothing to prevent them from sharing that information with anyone. On the other hand, the board should not just publish the names and amounts. Florida's Consumer Collections Practices Act prohibits the publication of "dunning lists". Any type of verbal or written communication that has the potential for causing public embarrassment could result in a legal claim against the association. But once that information is in the hands of a homeowner, the homeowner is responsible for their own CYA so as to not cause public embarrassment for anyone.

Nevertheless, Florida owners ARE entitled to view the payment history of each and every owner.
JanetB2
(Colorado)

Posts:3642


08/25/2017 9:42 PM  
Posted By GenoS on 08/25/2017 9:23 PM
I understand that Texas is not Florida, but for what it's worth, in Florida, homeowners have the right to inspect all financial records and that includes the monthly accounts receivable delinquency report. When an owner gets access to that report there's no requirement that they sign a non-disclosure agreement, so there's nothing to prevent them from sharing that information with anyone. On the other hand, the board should not just publish the names and amounts. Florida's Consumer Collections Practices Act prohibits the publication of "dunning lists". Any type of verbal or written communication that has the potential for causing public embarrassment could result in a legal claim against the association. But once that information is in the hands of a homeowner, the homeowner is responsible for their own CYA so as to not cause public embarrassment for anyone.

Nevertheless, Florida owners ARE entitled to view the payment history of each and every owner.


Agree ... But would add that the info given out should note the Block and Lot Numbers ... not Names and Physical Addresses. Sorry ... Names potentially violate privacy.
GenoS
(Florida)

Posts:1633


08/25/2017 10:09 PM  
I'm not opposed to that, theoretically, but the monthly A/R report we receive from our bookkeeper lists names and addresses. That report, as received, is an official record of the association and must be made available for inspection to any owner who requests it in writing as per the statute.

Now if a Board contracts with their management company or bookkeper and the contract specifies that the A/R delinquency report only refer to lots (or addresses), then that's fine, I think. Our bookkeeper is actually a management company with which we're only contracted with for bookkeeping services. They key every account according to the owner's last name so expecting any report from them to omit the owner's name(s) would pose a problem. A small problem, granted, but they nickle and dime us for every little thing. I don't think it's reasonable to ask all the homeowners, most of whom are not delinquent, to pay more fees to the bookkeeper in order to protect the anonyminity of those who do not pay on time.

All things being equal, I have no problem withholding the names. They're easy enough to look up anyway by lot number in the county records. As long as it doesn't increase our costs to do so.
JanetB2
(Colorado)

Posts:3642


08/25/2017 10:26 PM  
Also could potentially depend on your State Laws. My overall concern is nobody is perfect and and HOA could make a mistake in their bookkeeping. If you publish a person's name that could possibly lead to them coming after you for something like liable or defamation of character. Potentially it would be a situation I would like to avoid. While some states require the info to be disclosed if it is Lot and Block Numbers ... sure anyone can research if they have knowledge and take the time and effort,, but at least the HOA did its part in protecting a consumer's identity as allowed.

On this site it is stated:
https://www.hoaleader.com/members/240.cfm

Attorneys who advise associations, however, say disclosing details of owners' financial dealings with the board is unlawful in some states. Even where it's permitted, its effectiveness in collecting assessments is questionable.

While I agree can be researched .... it is best not to have your HOA in the front line of fire.
GenoS
(Florida)

Posts:1633


08/25/2017 10:55 PM  
Posted By JanetB2 on 08/25/2017 10:26 PM
Also could potentially depend on your State Laws. My overall concern is nobody is perfect and and HOA could make a mistake in their bookkeeping. If you publish a person's name that could possibly lead to them coming after you for something like liable or defamation of character. Potentially it would be a situation I would like to avoid. While some states require the info to be disclosed if it is Lot and Block Numbers ... sure anyone can research if they have knowledge and take the time and effort,, but at least the HOA did its part in protecting a consumer's identity as allowed.

On this site it is stated:
https://www.hoaleader.com/members/240.cfm

Attorneys who advise associations, however, say disclosing details of owners' financial dealings with the board is unlawful in some states. Even where it's permitted, its effectiveness in collecting assessments is questionable.

While I agree can be researched .... it is best not to have your HOA in the front line of fire.


It's definitely worthwhile to check what your state laws have to say on the matter. This is from a large Florida HOA Law Firm:

"Owners Have Right to Review Delinquencies

On the first page it talks about both the right of homeowners to see the list and the risks of publishing the list. Boards do need to be careful. For all of Florida's condo and HOA statutory failings I think the near-absolute rights of homeowners to see all financial records, in all their gory detail, is a good thing.

You're also right, Janet, in saying that people make mistakes. Last October the financial report noted that a particular owner was over 90 days delinquent on their account to the tune of approx. $750. Problem was, that owner had owned their home for less than 60 days. Someone made a mistake somewhere. The November report showed the exact same amount overdue in the greater-than-90-days category attributed to a completely different homeowner. Another mistake. That homeowner was not delinquent in any way.

The board and the bookeeper never did come to a satisfatory explanation for what was happening with that overdue amount and it was eventually written off. Quietly. Never sat right with me, but I was satisfied that neither of the named owners was ever actually delinquent in their obligations. Publishing those names would have absolutely been the wrong thing to do.
JanetB2
(Colorado)

Posts:3642


08/26/2017 12:17 AM  
Geno ... great article!!!

On the first page with the first question what caught my attention was:

"Accounting records must include a separate ledger for each unit owner (in condominiums) or parcel owner (in homeowners’ associations) which shows the status of that account’s payment."

Potentially the "unit owner" in a condo would reference the Unit Number and the "parcel owner" in an HOA would be the Block / Lot #. It does not state as some might think that it will be the "Name" of the owner.

Our good minds think alike
DjB2
(Pennsylvania)

Posts:49


08/26/2017 4:18 AM  
Some owners in our development pay ahead, and some fall behind. Anytime someone is beyond 90 days past due we send them emails kindly informing them of their account. Every owner has always been paid in full by the end of each calendar year. In the ten years that I've been the HOA President, not one owner has ever asked for a delinquency report, or any report of our monthly dues for that matter. Compared to the problems that many of you seem to have, we and our 31 owners must be quite fortunate indeed!
JohnH57
(Texas)

Posts:23


08/29/2017 9:48 PM  
Well in the next 2 weeks i will be on the board myself. I know some of you that have answered some of the questions I had I want to say thank you to. Reading so many links and articles myself I am a little overwhelmed with info. I want to be on the board cause like I said the president and another member do not even wanna be on there themselves. That tells me that maybe they are not taking this neighborhood serious for those of us that have not lived here 8 years. The night I am supposed to be appointed to fill the seat I have alot to get off my chest. Already have warned the president that if I look into the records and see that either of my neighbors have not been getting fined I will not be the happiest person to deal with since I have been complaining on the the home that has had tarps on roof for 4 months along with the bad neighbor all my other neighbors and I have complained about for 2 years now. The president had told me I am getting the seat so I can take care of my neighbors myself which does not make to much sense to me unless I get some power to fine them myself. The Hoa should be doing this already without me or neighbors having to place ourselves on the board to deal with people breaking hoa rules non stop.
JanetB2
(Colorado)

Posts:3642


08/29/2017 10:15 PM  
Posted By JohnH57 on 08/29/2017 9:48 PM
Well in the next 2 weeks i will be on the board myself. I know some of you that have answered some of the questions I had I want to say thank you to. Reading so many links and articles myself I am a little overwhelmed with info. I want to be on the board cause like I said the president and another member do not even wanna be on there themselves. That tells me that maybe they are not taking this neighborhood serious for those of us that have not lived here 8 years.

Keep in mind that could depend on the votes from alll other owners unless it is potentially and OPEN board position to be appointed only by the Board.

The night I am supposed to be appointed to fill the seat I have alot to get off my chest. Already have warned the president that if I look into the records and see that either of my neighbors have not been getting fined I will not be the happiest person to deal with since I have been complaining on the the home that has had tarps on roof for 4 months along with the bad neighbor all my other neighbors and I have complained about for 2 years now.

Would admit those items would upset me also; however, keep in mind you most likely will NOT have that info on the night you take the position if appointed or elected.

The president had told me I am getting the seat so I can take care of my neighbors myself which does not make to much sense to me unless I get some power to fine them myself. The Hoa should be doing this already without me or neighbors having to place ourselves on the board to deal with people breaking hoa rules non stop.

Cannot fine them yourself ... but over a period of time you potentially can bring them into complienace following your governing documents and State Laws. Yes .. HOA should have been doing all along, but you will in years living in HOA's encounter APATHY.
NigelB
(Texas)

Posts:205


08/30/2017 8:06 PM  
Posted By JohnH57 on 08/29/2017 9:48 PM
Well in the next 2 weeks i will be on the board myself. I know some of you that have answered some of the questions I had I want to say thank you to. Reading so many links and articles myself I am a little overwhelmed with info. I want to be on the board cause like I said the president and another member do not even wanna be on there themselves. That tells me that maybe they are not taking this neighborhood serious for those of us that have not lived here 8 years. The night I am supposed to be appointed to fill the seat I have alot to get off my chest. Already have warned the president that if I look into the records and see that either of my neighbors have not been getting fined I will not be the happiest person to deal with since I have been complaining on the the home that has had tarps on roof for 4 months along with the bad neighbor all my other neighbors and I have complained about for 2 years now. The president had told me I am getting the seat so I can take care of my neighbors myself which does not make to much sense to me unless I get some power to fine them myself. The Hoa should be doing this already without me or neighbors having to place ourselves on the board to deal with people breaking hoa rules non stop.




About those fines. Do your CC&Rs provide authority to fine for violations or is this just something the management company is initiating. Texas has no statute that provides authority for an HOA to issue fines for violations. The only way it can be done is by having a clause in the CC&R's. If no such authority is provided for, then amending the CC&Rs to include such authority would probably require an affirmative fractional vote from your membership (ours requires 3/5ths of the vote).

We took away the authority of our management company to issue violation notices by forming an ACC Committee which reviews the subdivision on a monthly basis and notes significant violations. The reason we did this was because the management company handles many other HOA's and has a one size fits all method of noting violations. They'd cite for parking - when in fact our streets belong to the City and we have no authority to enforce parking on City streets. They'd cite for alleged violations that were not contained in our ACC Rules and Regs. By using the committee approach its the community policing itself rather than a management company doing it. All the management company does is issue the notice based on the observations of the committee.
JohnH57
(Texas)

Posts:23


08/30/2017 8:25 PM  
Well I know this next week is going to make a lot of people happy but a few might be a little rear hurt it was not them picked. Many have seen me stand up and fight for the community getting onto the board in the past for allowing 6 months to tackle tasks that should have been handled in 1 months time.

As for some of the problematic people along with massive amount of renters here I need to look into what all can be done to reduce that. I spoke to the property manager this morning and she said if i can find out from another HOA how they control rentals from overtaking the number of home owners we will jump on the same idea. Mainly its all the new renters that move in causing problems for us though but its a massive neighborhood with over 1000 homes. I was told another family that was causing problems was dealt with before so hopefully the people next to me will be taken care of next. From what I was told the owner next door is sick and tired of being fined for his tenants now that we have a company that will fine him for all his tenants are doing. The last company just handed out notice warnings Its going to be very interesting cause I was told the owner cant wait for the lease to be up so he can sell. After being threatened by his cop tenant on camera and all he is lucky he is not on the news right now. I have alot of great ideas and being the youngest on the board they agreed it will be nice to have some fresh new ideas.
JohnH57
(Texas)

Posts:23


08/30/2017 8:27 PM  
Posted By JohnH57 on 08/30/2017 8:25 PM
Well I know this next week is going to make a lot of people happy but a few might be a little rear hurt it was not them picked. Many have seen me stand up and fight for the community getting onto the board in the past for allowing 6 months to tackle tasks that should have been handled in 1 months time.

As for some of the problematic people along with massive amount of renters here I need to look into what all can be done to reduce that. I spoke to the property manager this morning and she said if i can find out from another HOA how they control rentals from overtaking the number of home owners we will jump on the same idea. Mainly its all the new renters that move in causing problems for us though but its a massive neighborhood with over 1000 homes. I was told another family that was causing problems was dealt with before so hopefully the people next to me will be taken care of next. From what I was told the owner next door is sick and tired of being fined for his tenants now that we have a company that will fine him for all his tenants are doing. The last company just handed out notice warnings Its going to be very interesting cause I was told the owner cant wait for the lease to be up so he can sell. After being threatened by his cop tenant on camera and all he is lucky he is not on the news right now. I have alot of great ideas and being the youngest on the board they agreed it will be nice to have some fresh new ideas.





Our property management company fines the violators
JanetB2
(Colorado)

Posts:3642


08/30/2017 9:35 PM  
Posted By JohnH57 on 08/30/2017 8:25 PM
Well I know this next week is going to make a lot of people happy but a few might be a little rear hurt it was not them picked. Many have seen me stand up and fight for the community getting onto the board in the past for allowing 6 months to tackle tasks that should have been handled in 1 months time.

As for some of the problematic people along with massive amount of renters here I need to look into what all can be done to reduce that. I spoke to the property manager this morning and she said if i can find out from another HOA how they control rentals from overtaking the number of home owners we will jump on the same idea. Mainly its all the new renters that move in causing problems for us though but its a massive neighborhood with over 1000 homes. I was told another family that was causing problems was dealt with before so hopefully the people next to me will be taken care of next. From what I was told the owner next door is sick and tired of being fined for his tenants now that we have a company that will fine him for all his tenants are doing. The last company just handed out notice warnings Its going to be very interesting cause I was told the owner cant wait for the lease to be up so he can sell. After being threatened by his cop tenant on camera and all he is lucky he is not on the news right now. I have alot of great ideas and being the youngest on the board they agreed it will be nice to have some fresh new ideas.


The only way you could control the number of renters is via Amending your CCR's and which would require the vast majority of Owners to agree. However, if you end up with more owners who rent units vs those who live there, you will not at that time obtain the votes needed to amend.
JohnH57
(Texas)

Posts:23


08/31/2017 12:12 PM  
That will never happen sad to say. Last year it was hard enough to get more then 5 people to show up to meetings. We switched property management companies in Feb and the first meeting they had a better showing of 25-30 people showed up. Since then we average about 10-20 show up. With the amount of complaints we have along with homes in the neighborhood itself that is a pathetic turn out. I do encourage all home owners to attend the meetings.
DjB2
(Pennsylvania)

Posts:49


08/31/2017 1:23 PM  
Our HOA is 33 years old. We have 32 owners. We used to have regular public meetings every quarter, but no one showed up, so in recent years we just have one meeting per year as mandated by our documents. We have always had 3 to 5 officers at any one time, with just three for the last 8 years or so, as no one new will volunteer. I went back through our attendance records for the last 33 years, and we have averaged just 5 people per meeting, including the officers. For the last 10 years, whenever we want all of our owners to vote on anything, we do it all by email and we usually use e-surveys tied into the voting opportunities. We re-email the stragglers until every one has voted, and we always end up with 100% participation.
NigelB
(Texas)

Posts:205


08/31/2017 2:48 PM  
Posted By JohnH57 on 08/30/2017 8:27 PM
Posted By JohnH57 on 08/30/2017 8:25 PM
Well I know this next week is going to make a lot of people happy but a few might be a little rear hurt it was not them picked. Many have seen me stand up and fight for the community getting onto the board in the past for allowing 6 months to tackle tasks that should have been handled in 1 months time.

As for some of the problematic people along with massive amount of renters here I need to look into what all can be done to reduce that. I spoke to the property manager this morning and she said if i can find out from another HOA how they control rentals from overtaking the number of home owners we will jump on the same idea. Mainly its all the new renters that move in causing problems for us though but its a massive neighborhood with over 1000 homes. I was told another family that was causing problems was dealt with before so hopefully the people next to me will be taken care of next. From what I was told the owner next door is sick and tired of being fined for his tenants now that we have a company that will fine him for all his tenants are doing. The last company just handed out notice warnings Its going to be very interesting cause I was told the owner cant wait for the lease to be up so he can sell. After being threatened by his cop tenant on camera and all he is lucky he is not on the news right now. I have alot of great ideas and being the youngest on the board they agreed it will be nice to have some fresh new ideas.





Our property management company fines the violators




By what authority does the property management company fine? If a provision to fine is not in your CC&R's the property management company cannot do it legally.
JohnH57
(Texas)

Posts:23


09/04/2017 12:30 AM  
That is a good question I do not have the answer to. I am still learning all this but sure its somewhere in the contracts.
JohnH57
(Texas)

Posts:23


09/04/2017 12:30 AM  
That is a good question I do not have the answer to. I am still learning all this but sure its somewhere in the contracts.
JohnH57
(Texas)

Posts:23


09/04/2017 6:57 PM  
Does anyone know how we can regulate rental in the neighborhood? Does that fall on a neighborhood vote or something our lawyer can take care of?
JanetB2
(Colorado)

Posts:3642


09/04/2017 7:54 PM  
Posted By JohnH57 on 09/04/2017 6:57 PM
Does anyone know how we can regulate rental in the neighborhood? Does that fall on a neighborhood vote or something our lawyer can take care of?


I already told you ... it will take amending your CCR's via .... yes a neighborhood vote.
TimB4
(Virginia)

Posts:14861


09/04/2017 7:56 PM  
Posted By JohnH57 on 09/04/2017 6:57 PM
Does anyone know how we can regulate rental in the neighborhood? Does that fall on a neighborhood vote or something our lawyer can take care of?




If it doesn't violate State statutes, yes you can regulate rentals.

It will require a membership vote in an amount equal to the required percentage to amend your CC&Rs (anywhere from 67% to 100% agreement of the membership).

It is best to have the attorney draw up the paperwork and file the amendment (if you have a successful vote).
JohnH57
(Texas)

Posts:23


09/17/2017 10:52 AM  
Posted By JanetB2 on 09/04/2017 7:54 PM
Posted By JohnH57 on 09/04/2017 6:57 PM
Does anyone know how we can regulate rental in the neighborhood? Does that fall on a neighborhood vote or something our lawyer can take care of?


I already told you ... it will take amending your CCR's via .... yes a neighborhood vote.




Sorry I did not see it and that will never happen. We have to many companies coming in to buy up homes in the last year not to mention only 15 people max showing up to meetings. The rest of the people get on social media and complain but will never show.
JohnH57
(Texas)

Posts:23


09/17/2017 10:52 AM  
Posted By JanetB2 on 09/04/2017 7:54 PM
Posted By JohnH57 on 09/04/2017 6:57 PM
Does anyone know how we can regulate rental in the neighborhood? Does that fall on a neighborhood vote or something our lawyer can take care of?


I already told you ... it will take amending your CCR's via .... yes a neighborhood vote.




Sorry I did not see it and that will never happen. We have to many companies coming in to buy up homes in the last year not to mention only 15 people max showing up to meetings. The rest of the people get on social media and complain but will never show.
JanetB2
(Colorado)

Posts:3642


09/18/2017 7:47 PM  
There is potentially more than one way to skin a cat. You need to check your State laws because some states will allow the HOA to send out a notice to Amend the CCR's and then allow the BOD or a homeowner to go around and obtain signatures. Potentially as long as the required percentage as noted in the governing documents or 67% as noted in most state laws is obtained, it might be done without a meeting. Again, depends on your laws. That is another possible option for HOA's where owners tend not to attend the meetings. It also allows for a one-to-one conversation as to why such a change could benefit the HOA. Sorry ... If I felt strongly about something I tend to not sit back and say it cannot be done. Sure it would take some leg work and talking with neighbors, but there is not much that can't be done if someone has perseverance and willing to pursue alternative options.
NigelB
(Texas)

Posts:205


09/19/2017 8:21 AM  
Posted By JanetB2 on 09/18/2017 7:47 PM
There is potentially more than one way to skin a cat. You need to check your State laws because some states will allow the HOA to send out a notice to Amend the CCR's and then allow the BOD or a homeowner to go around and obtain signatures. Potentially as long as the required percentage as noted in the governing documents or 67% as noted in most state laws is obtained, it might be done without a meeting. Again, depends on your laws. That is another possible option for HOA's where owners tend not to attend the meetings. It also allows for a one-to-one conversation as to why such a change could benefit the HOA. Sorry ... If I felt strongly about something I tend to not sit back and say it cannot be done. Sure it would take some leg work and talking with neighbors, but there is not much that can't be done if someone has perseverance and willing to pursue alternative options.



Texas Law requires that 67% of the eligible voters agree to a change in a declaration. If the declaration specifies a lower percentage the declaration controls. A board also may not discuss the proposed adoption of an amendment to a declaration unless prior notice has been given to the members, and the members have been given an opportunity to attend the board meeting. When a vote is scheduled for the purpose of voting on an amendment to the declaration, the members must be provided written notice of the date of the meeting of the members at which the vote is to be taken. Members are entitled to vote in person, by proxy, or by absentee ballot - all of which must be in writing and signed.

Depending on the size of the association it very well might be tilting against windmills to make an amendment to a declaration. 67% is a pretty high bar to reach considering the usual disinterest in the management of the affairs of the association exhibited by most members. Our association has 233 eligible votes - at our last annual election to elect a board, we did not even achieve a quorum. At the reconvened meeting a few weeks later we did achieve a quorum (only because our ByLaws specified a 50% lesser amount for a subsequent meeting), but still only about 20 people either showed up in person or submitted ballots.
JohnH57
(Texas)

Posts:23


09/19/2017 1:32 PM  
I am willing to walk around and talk to neighbors as all of mine love me except the renter next door. My neighbors and I have been trying to get them evicted for 2 years after breaking every rule in the book making our street look horrible. Besides the renter deal we have a new problem. Annual meeting is next month and I took the seat of an ex member that gave it up after our lawyer had to get involved . He has been a real problem on social media and the president has two cease and assist letters against him due to the ex board member not only slandering the board but the president and property manager. He is running for another seat for some odd reason along with other people of his choosing trying to work the system in his favor on facebook while spreading lies. Not sure anything really can be done about all this as they are trying to make quorum away from the stated meeting place. All of this is way more then I signed up for just trying to make this place run better while making people feel they are getting their money worth. Tomorrow I have a meeting with the City and each rep from all departments to get them more involved since the police times are horrible to accidents and code enforcement is not doing their job.
JohnH57
(Texas)

Posts:23


09/19/2017 1:35 PM  
We have a large neighborhood of 1420 homes if anyone wanted that number.
GenoS
(Florida)

Posts:1633


09/19/2017 6:09 PM  
Social media is a cancer on society. Anti-social media is more like it.
JanetB2
(Colorado)

Posts:3642


09/19/2017 8:50 PM  
Posted By JohnH57 on 09/19/2017 1:32 PM
I am willing to walk around and talk to neighbors as all of mine love me except the renter next door. My neighbors and I have been trying to get them evicted for 2 years after breaking every rule in the book making our street look horrible. Besides the renter deal we have a new problem. Annual meeting is next month and I took the seat of an ex member that gave it up after our lawyer had to get involved . He has been a real problem on social media and the president has two cease and assist letters against him due to the ex board member not only slandering the board but the president and property manager. He is running for another seat for some odd reason along with other people of his choosing trying to work the system in his favor on facebook while spreading lies. Not sure anything really can be done about all this as they are trying to make quorum away from the stated meeting place. All of this is way more then I signed up for just trying to make this place run better while making people feel they are getting their money worth. Tomorrow I have a meeting with the City and each rep from all departments to get them more involved since the police times are horrible to accidents and code enforcement is not doing their job.


As Nigel pointed out and is from your State ... Go around to all your neighbors and collect PROXIES!!! These will not only help you achieve quorum for the meeting, but also to elect those YOU and other like minded individuals want to have elected. If you have their Proxy ... you get to cast the vote regarding their property.
JanetB2
(Colorado)

Posts:3642


09/19/2017 8:53 PM  
John ... you are someone who cares about your neighborhood and are going above and beyond. That is the type of person the HOA needs. I wish you the best of luck next month and if you need us in the meantime ... LOL ... you know where to find us. We can at least give you moral support!!!!
JohnH57
(Texas)

Posts:23


09/20/2017 9:32 PM  
Janet thank you! I care to much sometimes but I guess that is the firefighter in me. Last year the proxies were rigged so the lawyer is getting involved this year from what I am told to help count but people have to also add their account number to the vote as well. Personally I think something like this should have happened all along since when we vote we need to use our license to stop voter fraud.
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