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Subject: POA membership
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Author Messages
SteveB30
(Texas)

Posts:2


11/26/2018 5:27 PM  
our Bylaws require property owners apply to become 'members'. 'membership' provides access to community amenities: lake, walking trails, gun range, horse pasture, airstrip.

a new property owner has challenged that bylaw & says she is not required to apply for membership. her argument is we're no diff than any HOA and access to all the amenities comes with buying property.

are our bylaws or this new owner correct?
LetA
(Nevada)

Posts:550


11/26/2018 5:33 PM  
She became a member the moment she signed the papers to buy the house with her lender.
KerryL1
(California)

Posts:5950


11/26/2018 5:49 PM  
As George from FL has taught me, some HOAs have voluntary membership even though every owner is subject to the CC&Rs. So maybe that's what's up in this POA. The owner is subject to your governing documents, but can't use the amenities without "applying to be a member?" How will the board keep her off of the walking trails & lake?

I think you might try looking at your CC&Rs (covenants; declaration; deed restriction) for the definition of member and membership.
KerryL1
(California)

Posts:5950


11/26/2018 5:50 PM  
As George from FL has taught me, some HOAs have voluntary membership even though every owner is subject to the CC&Rs. So maybe that's what's up in this POA. The owner is subject to your governing documents, but can't use the amenities without "applying to be a member?" How will the board keep her off of the walking trails & lake?

I think you might try looking at your CC&Rs (covenants; declaration; deed restriction) for the definition of member and membership.
SteveB30
(Texas)

Posts:2


11/26/2018 6:08 PM  
yup, membership is voluntary. C&Rs define & discriminate between "owners" and members: ' “Member” or “Members” shall mean an Owner or Owners who are members of the Association.'

membership applications are submitted to and voted on by the board. i've never seen one rejected...seems mostly a formality but some (like this one) fight everything. truly not a big deal & you're right, keeping anybody off community property would be a chore, especially if TX law doesn't support it. seems likely she and/or her friends read this so i'll run it by a college buddy/attorney.
BillH10
(Texas)

Posts:294


11/26/2018 7:43 PM  
Steve, I'd run it by an attorney who specializes in HOA law, not your college buddy who specializes in whatever unless it happens to be HOA--AND NOT REAL ESTATE!!--law.
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