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Subject: HOA Attorney's WHO are they for?
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Author Messages
JaneL2
(Texas)

Posts:35


02/18/2021 11:20 AM  
Hello, I am a property owner resident in a small townhouse property owners association in Irving, Tx Our so called HOA is a non profit Corporation. One of my neighbors has sued the association for the records and is making demands regarding common areas and landscaping, etc. Our yearly budget includes attorneys fees for the HOA attorney that we have.

Since I pay $230 a month for dues, I believe that the money that I pay is for the attorney as well. One of the board members tells me that I should get an attorney because of this demand and claim against them and could include me.
I believe that I pay for the HOA out of the money I pay in dues.

The HOA attorney is not just an attorney for the HOA board correct? He would be an attorney for the association correct? I am a part of this association.
FloridaC1
(Florida)

Posts:19


02/18/2021 12:06 PM  
The HOA attorney works for the Association plural, not singular as in for any specific owner. When an owner sues the Association, everyone pays for it from the maintenance which is collected for the budget and reserves, so, yes, all owners take a hit when one sues the Association. It would be a conflict of interest for the Association attorney to represent an owner.
JohnC46
(South Carolina)

Posts:10607


02/18/2021 12:11 PM  
Posted By FloridaC1 on 02/18/2021 12:06 PM
The HOA attorney works for the Association plural, not singular as in for any specific owner. When an owner sues the Association, everyone pays for it from the maintenance which is collected for the budget and reserves, so, yes, all owners take a hit when one sues the Association. It would be a conflict of interest for the Association attorney to represent an owner.



JAne

I agree with the above. Your BOD Member is wrong.
ChrisE8


Posts:0


02/18/2021 12:18 PM  
The two above posts are correct. The HOA attorney would represent, most likely, the Association itself (the entity that is the HOA), or perhaps the Board.

I don't understand "claim against them and could include me". Is the board member telling you to sue the neighbor, or sue the HOA, or something else?

Either way, I'd just stay out of it.
MelissaP1
(Alabama)

Posts:9973


02/18/2021 2:06 PM  
This is why when you sue your HOA your suing yourself and your neighbors. The HOA attorney is NOT your attorney. It is the HOA's attorney as a WHOLE of which you are a member of. So you can't go to the HOA attorney for your issues. They aren't yours. They are the HOA board's. Which the HOA board represents the HOA as a whole.

So yes your HOA dues do pay for the HOA's attorney fees. The HOA has to be represented. If you sue, you have to get your own attorney.

Former HOA President
AugustinD


Posts:0


02/18/2021 3:18 PM  
Posted By JaneL2 on 02/18/2021 11:20 AM
One of the board members tells me that I should get an attorney because of this demand
This HOA director is wrong and an idiot. Unfortunately this is not uncommon. If this directors' fellow directors are as stupid, then this may very well explain why an Owner is suing to inspect records which he or she is likely entitled to inspect under the law.
TimB4
(Virginia)

Posts:17373


02/18/2021 4:33 PM  
Posted By JaneL2 on 02/18/2021 11:20 AM

The HOA attorney is not just an attorney for the HOA board correct? He would be an attorney for the association correct? I am a part of this association.





As others have said, the HOA attorney works for the corporation entity known as HOA,inc.

This entity is ran by the elected/appointed board.

Hence, the board is privileged to the info from the attorney and makes decisions based on that info.

You are simply a member of the Association and as such, are not entitled to the information from the attorney (unless the board chooses to share it) or the attorney's services.

As an example: Lets say you belong to the local PTA. The local PTA has an attorney. You would not be entitled to services of that attorney. This would be similar to the HOA.



Posted By JaneL2 on 02/18/2021 11:20 AM

One of my neighbors has sued the association for the records and is making demands regarding common areas and landscaping, etc. . . . One of the board members tells me that I should get an attorney because of this demand and claim against them and could include me.




Based on this statement, I am of the expectation that you are the member requesting records and has issues with the common area landscaping.

The landscaping is easier: The Board, being duly elected or appointed to run the affairs of the Association has full control of the common area. They may or may not ask for input from the membership and make decisions based on that input. However, the Board has the final say.

If you do not like what the board is doing regarding the common area, the easiest solution is to talk with them and find out the reason for their decision. If this is unsatisfactory, then the next easiest solution is to gather support from the membership and replace the board so decisions that a new board would make is more to your liking. Perhaps even serve yourself so you can be directly part of the decision process.



Regarding records request: Typically, as a member, you have a right to inspect the records of the Association. If you want copies, the Board may be able to charge you for them. If the Board believes there is pending legal action, the Board could play hard ball and might be able to have you pay for a professionals time (i.e. the attorney) to to inspect the records.

This right would be in your governing documents and applicable statutes (property and corporate).


Most boards are willing to allow access to documents.
There are some documents you won't be allowed to see (legal opinions, information on lots other then your own, privacy issues). However, you should be able to see the minutes from all the meetings, awarded (not pending) contracts and financials.


Hope this helps.

Tim
JaneL2
(Texas)

Posts:35


02/18/2021 7:00 PM  
I have all of the records the declarations, the rules, the formation, bylaws, the whole 9 yards. I am not the one suing. My neighbor is demanding records and claiming that the HOA does not enforce the rules and using me as an example. She is a sociopath and it is okay for her to break a difference rule, so she thinks. I understand that the attorney is acting collectively now for the HOA but, it does not make sense that he or the board members would not include me in or talk to me about what she is suing for. I am not denying that they are not very strict to enforce the rules. For example, my psycho neighbor has a camera aimed at my front door and my front porch. Any time that I step out front she is recording on her Blink camera every movement I make and any thing that I say. In Texas, there is a 2 party consent rule. I have lived here for over 20 years and this nutcase moved in 3 years ago. I have gotten along in harmony with everyone here until she moved in. She is constantly walking up to my door taking pics of anything that may be out there or poking her head over the fence and looking onto my patio taking pics. I cannot go outside and do anything without her appearing some where to confront me. She also connected theater sound through her tv and stereo and i have had to call the police on her many times because it disturbs me and vibrates my walls. I have 3 years worth of police reports where she has called and some where I have had to call. It all started with parking. One of my vehicles I park right in front of the sidewalk that leads to my door only. She tries to park in front of her place but does not have the skills to get close to the curb since it is in a circle. She has called the police and lied to them telling them that the HOA fined me for parking there and that they had asked me to move, which was a lie. When that did not work she put tow stickers on my windows.

in 2019 she cut my internet cable after I had texted her and told her that spectrum had come out and installed internet and that they would come back and bury the cable in 3 days. the cable crossed over the sidewalk which leads to her entrance and it was marked with flags. 2 hours later my internet stopped working and she had cut the cable. I went over there to find out wth and she lunged at me so i held up my hand to defend myself and she said I assaulted her and pressed charges. There was no evidence and case was dropped. Any time that she does anything such as shovel 3 years worth of debris onto my patio from her balcony, trap my cat and leave him on her balcony unattended, rip my chimes out of the tree and throw them at my front door, etc etc etc she always makes up something and calls the police on me. I have complained to the HOA about her music and they say that they are not going to get involved with the spats between her and I. Even though the rules say that no one is allowed to make noise such as slamming doors which she does or music that disturbs a neighbor.

I kind of got off track a little what i meant to say is that because of the camera aimed at my front door, I put 3 artificial trees out there to obstruct the view of her camera. Even though the property manager and one of the board members walked the property to assess appearance due to her complaining they did not mention anything about it. Turns out everyone had violations and so they did nothing

There is so much more to the story. It is a story that i am sick of though. lol
JaneL2
(Texas)

Posts:35


02/18/2021 7:15 PM  
The reason it could include me is because of the demands that she has made regarding me and if those demands are not met then she will sue the HOA for not enforcing and me for not complying to what she thinks that I should
AugustinD


Posts:0


02/18/2021 8:51 PM  
Posted By JaneL2 on 02/18/2021 7:15 PM
The reason it could include me is because of the demands that she has made regarding me and if those demands are not met then she will sue the HOA for not enforcing and me for not complying to what she thinks that I should
Well this new information changes everythings. If Owner Sally is attempting to get Owner Jane to comply with the covenants, then Owner Sally may very well name both the HOA and Owner Jane as defendants in a lawsuit. In this case, the HOA attorney does not represent you. You would have to find your own attorney. This is not uncommon.

Ideally, you could work this out with your neighbor without going to court.
MelissaP1
(Alabama)

Posts:9973


02/18/2021 8:54 PM  
So what if they sue? Seriously the court can ONLY make one "Whole". What are they out is all that can be owed. Plus the HOA or you can counter sue. Plus the court can always toss out a frivolous suit and sometimes even make that person pay the legal expenses.

Think about are you wasting more energy or fear of preventing a lawsuit than what really has to be paid out?

Former HOA President
TimB4
(Virginia)

Posts:17373


02/19/2021 5:56 AM  
OK, missed the part that you are on the defensive. Sorry about that.


All I can suggest is to protect yourself.
Video surveillance would be one step.

Contrary to what you believe, Texas is a one-party consent State. Of course, one can also record where there isn't an expectation of privacy. Therefore, I would keep a recorder app on your phone. If you encounter her (not confront, encounter) then start recording.

This is likely the best way to be prepared to defend yourself if a court case comes about.




Regarding the legal action against the HOA.
It's an issue between the HOA and your neighbor.
Even if it is about you, you are not a party in the case.
If you become a party to the case, then you should hire an attorney for advice.
However, because you also have recordings, you have something for the attorney to work with.
ChrisE8


Posts:0


02/19/2021 9:51 AM  
Posted By JaneL2 on 02/18/2021 7:15 PM
The reason it could include me is because of the demands that she has made regarding me and if those demands are not met then she will sue the HOA for not enforcing and me for not complying to what she thinks that I should




She can't sue you directly unless (1) the HOA's governing documents specifically allow owners to enforce HOA rules or (2) your state allows "derivative" actions by HOA owners or (3) what you did is a "tort" (a bad act) that caused damage to her.

Basically, your legal duty is to the HOA, to follow its rules. Not to her, unless you've caused damage to her.
JaneL2
(Texas)

Posts:35


02/19/2021 12:41 PM  
May be so but the HOA is a NON Profit Corporation and therefore I do believe they will not be held liable
JaneL2
(Texas)

Posts:35


02/19/2021 12:44 PM  
I did not cause damage to her. She has caused damage to me however, with her constant harassment and stalking. She cannot restrain herself if we run into each other. She parks on the other side of where I park so that she can walk in front of my entryway that way she make snide remarks on my camera. I have never known or lived around someone like her.
JaneL2
(Texas)

Posts:35


02/19/2021 12:44 PM  
I did not cause damage to her. She has caused damage to me however, with her constant harassment and stalking. She cannot restrain herself if we run into each other. She parks on the other side of where I park so that she can walk in front of my entryway that way she make snide remarks on my camera. I have never known or lived around someone like her.
JaneL2
(Texas)

Posts:35


02/19/2021 12:55 PM  
Are you saying that my front door, I cannot expect privacy?
On the one photo that I attached that shows the entryway to my place. Her place is directly to the left and is the tan colored building. I also attached a pic facing her window. Which as you can see is merely there only to monitor what I do. I just cannot see how this can be normal thing for someone to do. Ok I tried to add the pics but they are too large.

I agree that I do not answer to her. Since she has moved in, she has turned neighbors against each other she is constantly getting in other peoples business and pestering the heck out of the police and the board. Is there nothing that can be done to force her to sell, for being a horrible neighbor?
JaneL2
(Texas)

Posts:35


02/19/2021 1:00 PM  
our documents do say that I can incur the legal expense of attorney and the cost of doing whatever it is that they want me to do to get the trees that I placed to block my neighbors camera if I do not do it. We have had an unprecedented snow storm this week and lost power and all so I cannot much of anything at this point. Thank you for your help
BenA2
(Texas)

Posts:798


02/19/2021 1:02 PM  
The attorney represents the association as a whole. He/she does not represent any individual and does not represent the board.

If I understand you correctly, your neighbor has sued the HOA, which means you and all the other owners are part of the lawsuit, but you are not being sued personally so there is no reason you would need an attorney. The HOA's attorney should represent the interests of the HOA. You and the other owners ARE the HOA.
BenA2
(Texas)

Posts:798


02/19/2021 1:11 PM  
"In Texas, there is a 2 party consent rule."

I'm not an attorney but I believe Texas is a one-party consent state. Either way, one or two-party consent applies to audio recording, not video. Your neighbor can video you or anyone else from her property.
ChrisE8


Posts:0


02/19/2021 1:32 PM  
Posted By JaneL2 on 02/19/2021 12:41 PM
May be so but the HOA is a NON Profit Corporation and therefore I do believe they will not be held liable




That has nothing to do with liability. HOAs are held liable in court very frequently.
MikeM48
(California)

Posts:4


02/19/2021 2:05 PM  
In my experience, HOA attorneys are in place to advocate for the HOA, and to fulfill their obligations they are directed by the elected representatives of the HOA-- the board.

This in turn means that they are directed by what is essentially the Board majority on any given legal matter.

So let's say for example you are not just a homeowner, you are actually a Board member. Let's say you feel that your HOA Board has through action or inaction failed to comply with an aspect of applicable civil code, corporations code, and/or even federal law.

Let's say 3 of 5 Board members don't want to rectify the situation.

Well even if you are a Board member in this scenario, the HOA attorney cannot respond to any request for action from you as a sole member of the Board. Their client is the corporation, and the corporation is legally run by the Board, and in turn a Board majority.

That has been my experience.

JaneL2
(Texas)

Posts:35


02/19/2021 6:42 PM  
I am not the one suing. The woman who is suing has stated that she is not hurting for cash. I am not going to say that I do not agree entirely why she is suing. Mainly she is suing because she wants the HOA to enforce the rules. However, the rules apply to her as well. She has a dirt yard with the green edger around it. It took me years to get my yard to grow grass because the mowers would edge around the sidewalk when there was mostly dirt in the yard. The dirt ran out into the street. I edged my yard with bricks and I did not ask permission. I did not ask permission to implement the 4 tall green artificial trees either, btw you would not know that they were artificial. I did this to block her view. I also have a flower bed to grow flowers. And part of it has purple shamrocks and I have 3 or 4 bushes and purple shamrocks under the tree. There are a few others that spend time making their front yard look nice.

In our declarations, one of the articles talks about having a good frontage too the road. And if you have a corner lot that you have to have both sides with good frontage. There are a few things that I need to correct but, I honestly except maybe for the bricks do not understand why on Earth would the HOA would not want the property to look nice.
JaneL2
(Texas)

Posts:35


02/19/2021 6:43 PM  
It is not just the video. I know she can do that. She has told me things the day after that I have discussed with someone at my door.
JaneL2
(Texas)

Posts:35


02/19/2021 6:44 PM  
Thank you for your answer
JaneL2
(Texas)

Posts:35


02/19/2021 6:48 PM  
She names me in the claim and demand letter which is still just a claim and demand letter for the HOA to up all of documents, contracts, etc. and to also force me to do some things or undo some things that I have done in my front yard to improve the appearance. Her attorney says that he will advise her to sue the HOA and also sue me if her demands are not meet by the coming March 4, 2021
TimB4
(Virginia)

Posts:17373


02/20/2021 3:02 AM  
Posted By JaneL2 on 02/19/2021 6:42 PM

I edged my yard with bricks and I did not ask permission.




Since most covenants require approval for exterior changes I expect you would be in violation.

FIX THAT BY REQUESTING PERMISSION NOW.


Posted By JaneL2 on 02/19/2021 6:42 PM

I did not ask permission to implement the 4 tall green artificial trees either,




Trees are typically considered exterior changes.
Again, a violation of the covenants you agreed to comply with when you purchased.

FIX IT.


Posted By JaneL2 on 02/19/2021 6:42 PM

There are a few others that spend time making their front yard look nice.




If the changes were beyond planting flowers, did they ask permission?
If not, then they would also be in violation of the covenants.


Posted By JaneL2 on 02/19/2021 6:42 PM

In our declarations, one of the articles talks about having a good frontage too the road. And if you have a corner lot that you have to have both sides with good frontage.




Does not remove the requirement to ask and receive permission for exterior changes.


Posted By JaneL2 on 02/19/2021 6:42 PM

I honestly except maybe for the bricks do not understand why on Earth would the HOA would not want the property to look nice.




Don't forget the trees.

The HOA probably does want the lots to have curb appeal.
That is not the issue


The issue is your (and perhaps other owners) failure to follow procedures identified in the covenants when making exterior changes to your property.


Honestly, if the Association did fail to enforce this covenant (requesting permission before exterior changes were made) your neighbor might have a good case. I suspect that the neighbor is using you as an example to open the records and perhaps find other examples. If there are other examples - then the case is stronger.
TimB4
(Virginia)

Posts:17373


02/20/2021 3:12 AM  
Posted By JaneL2 on 02/18/2021 7:15 PM
The reason it could include me is because of the demands that she has made regarding me and if those demands are not met then she will sue the HOA for not enforcing and me for not complying to what she thinks that I should




Well, per your postings you did fail to comply with the governing documents.

Many will threaten legal action but not take any (typically once they find out the cost).
If legal action is taken, it can cost a lot to defend yourself.

My advice is an easy fix. Comply with the governing documents.

Put in requests after the fact for the exterior changes you made.
If they are denied - work with the board to find alternatives.

When you submit your request, if applicable, make sure to include others who have made similar changes and specify that you are not asking for anything different then what has already been approved for others (expect that they received approval).
ChrisE8


Posts:0


02/20/2021 7:13 AM  
I agree with TimB4.

If you now show a good-faith effort to comply with the governing documents, that would definitely help you. That would also make it harder for her to sue you (whether directly or derivatively by stepping into the shoes of the HOA).
JohnC46
(South Carolina)

Posts:10607


02/20/2021 11:14 AM  
Jane

Are you on the BOD or just a caretaker of the records? If a caretaker only, how did you get into this position?
TimB4
(Virginia)

Posts:17373


02/20/2021 11:34 AM  
Posted By JaneL2 on 02/19/2021 12:55 PM

Are you saying that my front door, I cannot expect privacy?
On the one photo that I attached that shows the entryway to my place.




Photo did not come through. It's likely too large of a file.

Privacy at the front door.

Outside the home - no
Inside the home - yes
Door open and you can happen to see in - debatable.

Regarding voice recordings:

Per this paper on privacy laws from a TX security firm written in 2016:

In cases involving the reasonable expectation of privacy afforded to oral communications in the eavesdropping and wiretap contexts. Courts primarily look to considerations such as: (1) the volume of the communication or conversation; (2) the proximity or potential of other individuals to overhear the conversation; (3) the potential for communications to be reported; (4) the affirmative actions taken by the speakers to shield their privacy; (5) the need for technological enhancements to hear the communications; and (6) the place or location of the oral communications as it relates to the subjective expectations of the individuals who are communicating.




Posted By JaneL2 on 02/19/2021 12:55 PM

Is there nothing that can be done to force her to sell, for being a horrible neighbor?




You don't control the actions of others.
You control how you react/respond to those actions.
JaneL2
(Texas)

Posts:35


02/20/2021 6:06 PM  
I am not a board member. Anyone can get our records who owns property here via Condo Cafe. They are also on the City of Dallas Website.
JaneL2
(Texas)

Posts:35


02/20/2021 6:07 PM  
I am not a board member. Anyone can get our records who owns property here via Condo Cafe. They are also on the City of Dallas Website.
JaneL2
(Texas)

Posts:35


02/21/2021 11:13 AM  
It looks to me as those it is illegal to record a conversation in person to which one of the two parties involved did not give consent. If I have a conversation with someone at my front door, I do expect privacy. The law may not see it that way but, I should not be listened in on.

I tried to add 2 attachments. One is 37kb and the other is 174kb and the required minimum is 200kb. But, it does not work. This site does not allow attachments it does not appear to me.
MelissaP1
(Alabama)

Posts:9973


02/21/2021 11:43 AM  
Please don't post. I have no need to be called in as a "witness" for your case. Each state varies in what falls under "wire tapping". It is kind of complicated. Here I believe you can record someone as long as one person knows it is being recorded.

You also have to keep in mind that you can be recorded with or without your knowledge at any time. It is just if it went to the court if it would be accepted or denied.

Proof of burden here sounds like it's in the pictures of the violation and who is in violation.

Former HOA President
TimB4
(Virginia)

Posts:17373


02/21/2021 2:00 PM  
Posted By JaneL2 on 02/21/2021 11:13 AM
If I have a conversation with someone at my front door, I do expect privacy. The law may not see it that way but, I should not be listened in on.




I'm glad you understand that the law might see it differently.

I can't say I disagree with you.

To truly keep things quiet, invite the person inside and close the door to have a conversation.
Perhaps speak softer so the voices don't carry to the microphone on the camera next door.


JaneL2
(Texas)

Posts:35


02/21/2021 9:26 PM  
This reference seems to look at it differently

https://www.bhwlawfirm.com/record-conversation-wiretapping-texas/
TimB4
(Virginia)

Posts:17373


02/22/2021 12:27 AM  
Janet,

To me, they said the same thing in a different way.

The issue will be can it be proven that audio recordings exist and that a reasonable expectation of privacy was expected when the recording happened. That issue would be for the courts. Therefore, unless you are willing to take the issue to court as the plaintiff or wait to see if you are taken to court and must defend yourself, then the recordings aren't the legal issue.


I'm going back to what I said earlier. You admit you failed to follow procedures and obtain approval prior to making changes. Your neighbor is bringing this fact up to the board and expect the board to enforce that section of the covenants and, per your postings, is willing to bring legal action against the board if they do not enforce.

The recordings will never enter into this case and any existing recordings will not negate the fact that proper procedures were not followed.

The easy fix is to request approval after the fact.
If granted, the neighbors case is non-existent.
If not granted, you may have to make changes or come to a compromise for other options with the board.
FloridaC1
(Florida)

Posts:19


02/22/2021 1:48 PM  
OP said they did not get approval for exterior changes. That's the big "no-no" I mentioned earlier. Easy fix, like others above stated, submit your ARC and get approval after the fact. Some Boards would allow you to submit but turn you down because it's "after the fact" and most likely goes against the ARC requirements for submission. Some Boards will allow it. I've seen owners try to fight fines for this type of thing by citing other owners who have the same, lets say RV parked in the driveway over night...every situation is different and not able to easily quantified. Bottom line: don't worry about what others have done with their landscape; make yours legal.

With respect to the camera, unfortunate situation but there's this type of owner in many Associations. In this day and age, however, it's easier to act like there's a camera on once you leave the security of your home as we have become a video society due to technology.
JaneL2
(Texas)

Posts:35


02/22/2021 2:42 PM  
She cannot sue me? Really? I want to add the letter of her demands. But, unable at this time to upload unless they fix the upload document part of this forum. One, thing is for sure I have never been given notice of anything that she has mentioned by the HOA. Our rules say that when there is a complaint that it must be in writing and then the board meets and discuss whether it is something that they will send a letter to the offender to correct or not. That has never happened. Her demand for all of the records, including all tax returns, audit records, budgets, bank statements, all contracts, all of the decisions regarding applications, variances and waivers for individual properties, all of the violations for individual property owners, name of all of the owners, names of the ARC and board members and officers, etc was all due to the attorney by February 19. I sort of doubt that all of that information was given to that attorney but, I do not know. I did not think it was the business of anyone else what has gone on between any of the owners and the HOA. They do not have records on me. I have tons of email where I have complained to them regarding the lady who is pursuing this legal action.
TimB4
(Virginia)

Posts:17373


02/22/2021 2:51 PM  
There is a size limits to attachments.
I don't recall what it is, but it is fairly small, around 200K or less.

Note: Any attachments should be sanitized (removing of names, contact info, etc.) prior to attaching to a post.
JaneL2
(Texas)

Posts:35


02/22/2021 2:53 PM  
I sent a request to the help and they told me that they up the limit to 1500kb but it just does not work. Yesterday I tried to upload 37kb and 174kb and it did not work either.
JaneL2
(Texas)

Posts:35


02/22/2021 2:53 PM  
I sent a request to the help and they told me that they up the limit to 1500kb but it just does not work. Yesterday I tried to upload 37kb and 174kb and it did not work either.
JaneL2
(Texas)

Posts:35


02/22/2021 2:53 PM  
I sent a request to the help and they told me that they up the limit to 1500kb but it just does not work. Yesterday I tried to upload 37kb and 174kb and it did not work either.
TimB4
(Virginia)

Posts:17373


02/22/2021 3:10 PM  
My guess, a typo.

Likely 150KB
JaneL2
(Texas)

Posts:35


02/22/2021 3:12 PM  
looks deliberate to me

Community123
Sun, Feb 21, 5:43 PM (23 hours ago)
to me, hoatalk.support.req.form, support

I raised the limit to 1500k (1.5 MB) and added a couple extra allowed file types. Please try again. thanks
---- On Sun, 21 Feb 2021 14:15:10 -0500 "dallaspilotcar" wrote ----
JaneL2
(Texas)

Posts:35


02/22/2021 3:12 PM  
looks deliberate to me

Community123
Sun, Feb 21, 5:43 PM (23 hours ago)
to me, hoatalk.support.req.form, support

I raised the limit to 1500k (1.5 MB) and added a couple extra allowed file types. Please try again. thanks
---- On Sun, 21 Feb 2021 14:15:10 -0500 "dallaspilotcar" wrote ----
JohnC46
(South Carolina)

Posts:10607


02/22/2021 3:13 PM  
Posted By JaneL2 on 02/22/2021 2:42 PM
She cannot sue me? Really? I want to add the letter of her demands. But, unable at this time to upload unless they fix the upload document part of this forum. One, thing is for sure I have never been given notice of anything that she has mentioned by the HOA. Our rules say that when there is a complaint that it must be in writing and then the board meets and discuss whether it is something that they will send a letter to the offender to correct or not. That has never happened. Her demand for all of the records, including all tax returns, audit records, budgets, bank statements, all contracts, all of the decisions regarding applications, variances and waivers for individual properties, all of the violations for individual property owners, name of all of the owners, names of the ARC and board members and officers, etc was all due to the attorney by February 19. I sort of doubt that all of that information was given to that attorney but, I do not know. I did not think it was the business of anyone else what has gone on between any of the owners and the HOA. They do not have records on me. I have tons of email where I have complained to them regarding the lady who is pursuing this legal action.




Jane

Her request for everything is called a Witch Hunt and is a typical request from an owner. The response/action is up to the BOD. My advice to you is stop fretting and let then BOD handle. Basically, tough love here, as you are not on the BOD it is not your responsibility/job.
TimB4
(Virginia)

Posts:17373


02/22/2021 3:43 PM  
Test for uploading document.

Process: Browse, highlight file, click open, click submit.

Attachment: 1222435730771.doc

JaneL2
(Texas)

Posts:35


02/22/2021 4:03 PM  
LOL I know how to browse highlight and submit a file. It is the error message about file size that prevents me from uploading even though they files are smaller. I am going to try to submit one to this post and see that is 975kb.

I am trying to upload a jpeg or jpg file before it was a png file Are these not acceptable file types?

just now I tried to upload a 147kb jpg file and got error message
JaneL2
(Texas)

Posts:35


02/23/2021 9:22 PM  
Trying to reply to email I got about the uploading a file. What i meant is that it seems deliberate that someone said they changed the upload limit to 1500kb and therefore not a mistake of uploading a a file too big. I was trying to upload jpg or png files but, I do not know the acceptable file types. Thank you
MarshallT
(New York)

Posts:135


02/24/2021 6:00 AM  
Hi,

The attorney represents the HOA and could not reasonably argue on behalf of an owner. That being said, is there a good reason why you might need to hire a lawyer? If not, do you best to remove yourself from this situation immediately.
ClareL
(California)

Posts:25


02/24/2021 5:29 PM  
Lots of things going on here.

1. Privacy: There is expectation of privacy at your front door. Only inside your home. Now that you are aware of what your neighbor is doing, take private conversations inside your home.
2. Landscape: sounds like you are violating the governing documents. From here on it, make sure that you follow the rules to avoid further trouble.
3. It sounds like you were not personally served with your neighbors demand letter. Only the HOA was. So I am not sure why the HOA has shared this information with you (about inspection request and possibility of a lawsuit). Until you personally are served with a demand letter or sent a letter by the HOA to correct violations, I would stay out of it. (Again make sure you correct any violations now).
4. Living in a community, we should expect to deal with all kinds of neighbors, good and bad. But it sounds like your neighbor is a bit much. I would begin to document all the altercations with your neighbor. And if things go too far, it may be time to get a civil harassment restraining order. (We have them in California, not sure about Texas).
JaneL2
(Texas)

Posts:35


02/24/2021 5:55 PM  
Actually I have gotten 2 letter from her attorney. Same as what our HOA received. Actually it went to the registered agent for the Texas Non Profit, a copy went to the property manager which is a separate entity, and a copy to me.

What law would allow another owner in an property owner association in Texas to Sue another property owner in said association?

Does anyone know. I can find no where in our documents. I have the CCR's, bylaws, Texas Non-Profit Act, and I have looked over the Texas property code but, just briefly. I have a big thick book I purchased a couple of years ago called TEXAS HOMEOWNERS ASSOCIATION AW THIRD EDITION by Gregory S. Cagle. However, it appears that mostly his focus is Condominium and HOA's, not as much about a Property Owners Association that is Non profit. I have looked on the Secretary of State website where they had to create the corporation, I have searched the terms in all kinds of ways, I just do not know where to find the law regarding this?
JaneL2
(Texas)

Posts:35


02/24/2021 6:00 PM  
Yes we have them in Texas, Penal code 42.07 but pretty much I have to be in fear of bodily harm.
However, STALKING may work under same penal code and sounds more like it. But, you have to prove damages caused mentally and has to be diagnosed or you must prove a financial loss. I have had financial losses because of this neighbor. I have given work away to other people because I was afraid to leave my place out of what she may do to my cat. I just do not know if I can prove it.
Stalking not only applies to me but, my property and a pet falls under that
JaneL2
(Texas)

Posts:35


02/24/2021 6:00 PM  
Yes we have them in Texas, Penal code 42.07 but pretty much I have to be in fear of bodily harm.
However, STALKING may work under same penal code and sounds more like it. But, you have to prove damages caused mentally and has to be diagnosed or you must prove a financial loss. I have had financial losses because of this neighbor. I have given work away to other people because I was afraid to leave my place out of what she may do to my cat. I just do not know if I can prove it.
Stalking not only applies to me but, my property and a pet falls under that
JaneL2
(Texas)

Posts:35


02/24/2021 6:00 PM  
Yes we have them in Texas, Penal code 42.07 but pretty much I have to be in fear of bodily harm.
However, STALKING may work under same penal code and sounds more like it. But, you have to prove damages caused mentally and has to be diagnosed or you must prove a financial loss. I have had financial losses because of this neighbor. I have given work away to other people because I was afraid to leave my place out of what she may do to my cat. I just do not know if I can prove it.
Stalking not only applies to me but, my property and a pet falls under that
JaneL2
(Texas)

Posts:35


02/24/2021 6:00 PM  
Yes we have them in Texas, Penal code 42.07 but pretty much I have to be in fear of bodily harm.
However, STALKING may work under same penal code and sounds more like it. But, you have to prove damages caused mentally and has to be diagnosed or you must prove a financial loss. I have had financial losses because of this neighbor. I have given work away to other people because I was afraid to leave my place out of what she may do to my cat. I just do not know if I can prove it.
Stalking not only applies to me but, my property and a pet falls under that
JaneL2
(Texas)

Posts:35


02/24/2021 6:14 PM  
Remove myself? First of all the property owners association has to follow the rules when there is a complaint. They have steps to follow. Those things have not been done. I did get served with a demand and claim letter. I do not take direction from my neighbor who is the one behind it. I cannot get away from her I even try to hide if I am outside, such on my patio and she comes out and screams at my cat that is there because she is trying to start something with me. She told me today, You know, you still have more work to do in the front yard. She has no business trying to direct me to do anything.

I have sent two request to the ARC and asked for 2 specific things. They responded and said they were reviewing it. I do not know if they will approve because of asking after the fact. If they do not, and I have to remove my flower bed and the 4 trees that I put up to regain a little privacy that I had here before Stalker moved in next door, I will remove both and the yard will be baron and the dirt will run out into the street like it used to before I spent so many hours planting grass, filling in with dirt, pulling weeds. If they want and she wants back to the natural state, they can have it and I will not step foot out there or put another dime into the yard.
TimB4
(Virginia)

Posts:17373


02/24/2021 7:04 PM  
Posted By JaneL2 on 02/24/2021 5:55 PM


What law would allow another owner in an property owner association in Texas to Sue another property owner in said association?




It's likely in your governing documents.

For example, my Covenants (and those I have seen have similar language) says {emphasis added}:


General Provisions
Section 1: Enforcement

The Association or any owner shall have the right to enforce by any proceeding in law or equity, all restrictions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration of Covenants, Conditions and Restrictions. Failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereafter.


I expect that your covenants have similar language as well.
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