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Subject: Homeowners petition to remove MC and merge HOA into neighboring HOA.
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05/05/2006 1:11 PM  
First let me give you a little background on the situation:

In Texas…

We are an aprox. 300 house community and have a HOA that was established by the builder and turned over to the neighborhood 2 years ago. The HOA board is contracted with a management company that was affiliated with the builder of the community. We have 5 neighboring communities that all have one HOA to represent them and we are the lone standout. We have minimal common area: 1 small park, 1 retention pond that is owned by the MUD and maintained by the HOA and the entrance to the community. For the pass 2 years there has not been a quorum at any meeting to elect a new board so the existing one has stayed on. There are not any activities in the neighborhood and it seems that all the MC can do is send out violation letters. There is unrest amongst the homeowners and there is talk of merging into a neighboring HOA, which is active and very well liked in the community. I have already talked with a board member of the HOA that we would like to merge with and they are open to the idea.

What would be my best coarse of action to get this done? Mind you that the board is not real receptive in any talk like this.


05/05/2006 1:41 PM  
Does your documents address the mechanics of "merging" with another HOA? This sounds like a major task.
Just because this other HOA has a nice board now doesn't mean it will always be that way. But the grass is always greener......
With minimal common area to maintain, why would you want to hook up with another HOA that might have major expenses they'd love to share with you?
Why don't you put this member unrest to use and replace your existing board with a nice one? I think it would be a lot easier.


05/05/2006 4:08 PM  
Patrick, with the info you provided I see no reason to merge. Your By-laws should state the procedure to call another meeting, with lowered quorum requirements, when a quorum is not achieved. Plus you should consider amending the By-laws to lower the requirements for a quorum.

Why is it about a neighboring HOA being active and well liked that your association can not do? Why not? If most of the members want more activities then why not form a Committee and fund it. If the current Board doesn't agree then vote in new directors. You infer the management company may not doing their job properly; if so replace them.

Be careful what you wish for, you might get it


05/05/2006 6:43 PM  
It sounds to me like you have a totally incompetent board and an irresponsible management company.
Your association needs the advice of a competent attorney to interpret your governing documents and get you back on track.
If there have been no properly conducted elections, it occurs to me you may have no legal board members and no ability to conduct business legally.
Instead of a merger, why don't you try to give the common areas away and dissolve the association? I does not sound like it's doing anyone any good.
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Forums > Homeowner Association > HOA Discussions > Homeowners petition to remove MC and merge HOA into neighboring HOA.

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