Thursday, October 7, 2021

Some people will never change. When they show you who they are, believe them

Sent to HOA Board members and fellow former committee members on 10/7/2021,

Our HOA board president thinks that new wrought iron gates that are wide open at least twice a day when they are not broken and open all night are “functioning very well for our needs”. Antiquated, clearly rusty access control mechanisms that shock us daily are not adequate for our needs.

It seems so obvious that certain board members will keep awarding no-compete high-value contracts for roads and gates. Yet, all ethical efforts to require three companies to bid for every contract over $300 and require board members to disclose any previous dealing with contractors have been declined.

Have you seen crosstimberhoa.org? It was my effort to disclose the truth with regard to the ongoing failure of certain board members to exercise ordinary care, in a reasonable and good faith manner, in the performance of their duties. Certain board members hired a lawyer to ask me to take it down. I asked the lawyer one question: “Do I have to take it down just because someone doesn’t like the truth?” This is why crosstimberhoa.org will stay up until enough homeowners get alarmed by the level of ongoing malfeasance that it is no longer truthful.

In closing, we now know that an affordable modern solution to the ongoing problems that we have been having with validating guests and accurately capturing video related to security events that involve unauthorized vehicles and tailgating. And we don’t have any good rational reasons for declining to let them demo their solution since we don’t have one that works. When something really bad eventually happens and nothing was done to mitigate known security concerns at a low affordable cost…. Who will be accountable?

 

Crime in our gated Rogers Ranch Crosstimber Community

Sent to HOA Board Members on 10/6/2021,

 

Homeowners share  burglary and theft stories with each other on social media daily. The obvious answer is that we should increase security. This HOA has studied this problem for years and concluded annually that increasing security with manned patrols and guard houses costs too much. 

 

My research indicates that "SafePassage" is a company that provides 24/7 H virtual security guard capabilities and services for commercial and gated communities. Their service includes visitor access control via a live human remote operator for a fraction of the cost of an on-site guard. Their remote security guards can see live 360 degree traffic and can converse with visitors as they come through the access point. Authorization is then provided easily using their gate control software. 

 

What's the rough price? 

$3712.50 monthly covers one visitor entrance lane, one home owner entrance lane and one exit lane (Salado Canyon, Fallingbrook, Point Bluff). 

$4455.00 monthly would cover four entrance lanes and two exit lanes (Crosstimber). There's also an equipment install service price that seems negotiable.  

 

Here's an overview video link so you can see how it all works: https://www.youtube.com/watch?v=J0G6dwJwQ3Y

 

To help clarify my understanding of the current problem with accessing gate camera footage: Let's assume that there are four RR Crosstimber gates and each gate opens automatically at least 700 times a day. A homeowner's request for relevant security footage becomes a manual, error-prone, tedious, and time-consuming process that can take some time and additional labor expense.

 

With modern video intelligence technology from a company like SafePassage, HOA Boardmembers, our property management firm, and/or our gate access control provider would be able to access the information (just like they currently do). The only difference is that newer technology would automatically classify surveillance videos in a quantifiable and meaningful way for easy and quick review after a security incident. 

 

Therefore, the review process would be less time consuming and allow users to accurately search for video footage that matches descriptions like "red truck" or license numbers. Neighboring communities that share this capability could quickly search their intelligence for relevant events when the need arises without a lot of time and expense.

 

NOTE: This discussion began online @nextdoor.com. Here is the link:

 

https://nextdoor.com/news_feed/?post=203168592&is=neighbor_profile_5549636

 

In closing, hiring 24/7 human security guards is expensive. Using up to date technology to remotely manage and/or automate surveillance processes that we want to improve is affordable if we go with a Virtual Security Guard.

Tuesday, October 20, 2020

Reclaim your HOA: How does this advice apply to Crosstimber Home Owners?

The original "Reclaim your HOA" advice article from Houston encourages anyone who finds fault with our HOA to do so in a respectful manner (which is exactly why I have been blogging to share my valid concerns with the community for over a year now). Among other things, the advice includes:

  • Use the name of your subdivision in the web site address;
  • Use the name of the subdivision, the term Homeowner Association or HOA, your city, county, and state in the title.
  • Link your website to other websites that may be helpful. 

NOTE: Anyone who actually reads my blogs for the past year should find nothing disrespectful or troll-like about anything that I have done or plan to do. The only way this information can stay up is if it is factual. If you find anything that needs correction please let me know. We would want to make those adjustments immediately. 

 

A SUMMARY perspective:

Hopefully, there will soon be no need to host an alternative crosstimberhoa.org website because the board will quickly implement a completely transparent communication infrastructure and allow home owners to  share our independent thoughts and collective experiences within crosstimberhoa.com (as was originally requested by homeowners in 2019 and  reconfirmed within the 2020-2021 SRRCHOA Strategic Planning Survey Results) so that everyone can have a feedback voice (positive or negative). This is was the goal for the complete communication platform redesign. 


Unfortunately, the new board's actions during the last board meeting on October 7th offered quick proof that we should wait to see their commitments in writing and their actual deeds align with the urgent need to include home owner feedback within the decision making process for our community. 


A more DETAILED perspective:

Supporters of the newly formed 2020 HOA / Architectural Committee / SWIM board leadership cabal would like us to assume that every resident has equal access to a seat at the decision making table (which I don’t think that we have just yet). Unfortunately, the Crosstimber HOA has a long history of failing to include residents in their decision making process. The board recently received a copy of my written complaint after they voted 4 to 3 on October 7th to shut down the security committee, the ethics committee and the communication committee. In my opinion, this disenfranchised a large group of well-intentioned resident volunteers for no good reason. 


Belonging to our neighborhood entails being respected equally at the most basic level. This level of respect includes the right for independent HOA committees to co-create and make demands on how to improve our community together. The unilateral decisions that were handed down in the first 2020-2021 HOA Board meeting were a clear indication that the new Board Majority has no intention to leverage the new communication website platform as designed to eliminate bias and further include every home owner in neighborhood decisions. Including home owners is more than just allowing them access to listen in while topics are discussed and debated by board members who do not stop to solicit honest feedback before they make decisions. 


Our board members cannot see into the aspirations of every home owner so they have to learn to listen. It is not enough to ask outspoken people like me what we think. Our survey methods have to permit the home owner with the least amount of spare time to quickly share their opinion. We also have to elevate the voices of the apathetic residents who have given up on believing that their voices matter. That’s the kind of servant leadership that our 2020 Strategic Planning survey data tells us our neighbors expect. 


If you attended the October 7th Board Meeting then you know that the new board majority failed to meet our most basic expectation: “Have we (the board) given every home owner the right to expect progress at every meeting?” The path to this goal involves using home owner feedback to inform board decisions in an inclusive manner. It involves each board member being willing to learn from each home owner and embracing the opportunity to improve and change things for the better.


The four prototype websites that I built last year were designed to enable independent committees of Home Owners to hold board members accountable for each strategic objective. Without any explanation, the board has stated that our committees were "no longer required" and our prototypes "didn’t work right" and implied that a better solution would emerge “next year”.  What solution is better than asking homeowners what they want and making sure that everyone is ethical when they go about providing it? 


As of 2020/10/14, the SRRCHOA Board has my consent to work with the Vinteum Website team to transition the http://rogersranchcrosstimberapp.vinteumneigbrs.com prototype that I built to their permanent crosstimberhoa.COM domain name (URL) within the next 45 days subject to the following caveats and constraints:

  1. The unique combination of a group collaboration platform and the use of survey technology to allow home owners to actively participate in the board member decision making process was completely my idea and designed based on my computer industry expertise. EX: Virtual conferencing capabilities along with the potential that the HOA could offer the collaborative office suite applications for free to home owners. 
  2. My best practice methods and techniques and their proven efficacy are commercially viable and the SRRCHOA Corporation has no ownership stake in the services that I may decide to provide for future clients. EX: the CrosstimberHOA Branded Group and personal email ids that I suggested to provide privacy and improve transparency within the neighborhood.
    1. ByLaw Modernization Committee Members: Bylaw_cmte@crosstimberhoa.com
    2. Ethics Committee Members: Ethics_cmte@crosstimberhoa.com 
    3. Security Committee Members:  Security_cmte@crosstimberhoa.com
    4. Communication Committee Members:  Comm_cmte@crosstimberhoa.com
  3. My pilot website’s capabilities have been accurately summarized within the attached presentations but I had intended to continue ideation and development by operating the crosstimberhoa.ORG URL to benefit the Crosstimber HOA community (which includes my family) as part of the Communication committee. This is not unusual:
    1. There are several prior examples of Rogers Ranch websites and social media related apps that were self-funded and are operated by a resident.
    2. Rogers Ranch POA Hiking Trails Committee was initially self-funded and operated  by a resident.


The SRRCHOA Board has rights to the crosstimberhoa.COM domain name (URL). Unfortunately, crosstimberhoa.com cannot transfer to a different registrar at this time because it has been less than 60 days since it was last moved from AtHomeNet/Frontsteps. 

  • I forwarded Crosstimberhoa.com to damctx.com as requested during the last board meeting.
  • I also transferred crosstimberhoa.com admin access to a new board member so that they can configure it as required until the next 45 days are up and then move it (if required).   

 

Shavano Rogers Ranch Crosstimber HOA Corporation has no basis for any claim to own any part of the crosstimberhoa.ORG domain name. I paid for the URL myself and used it to create four different working prototypes over the last several months based on ideas that were either rejected or ignored by certain key board members prior to my serving on the BOD, while I served on the BOD, and after I served on the BOD.


PRIOR to my serving on the HOA board of directors: 

  • 2018/12/18 Both our lawyers and our property management firm strongly advised that our website was not legally compliant in writing. Per the attached email trail, perspective new homeowners and vendors need to be able to download relevant files without a password. SEE: 2018-12-18 Website Legal Non-compliance Notification
  • 2018/09/18 I personally contacted D. Oroian years before joining the board to recommend home owner collaboration ideas, ways to eliminate board member bias and how to avoid the unfortunate outcomes that have resulted from this board’s inability to communicate effectively during major initiatives like the street resurfacing.
  • 2017/10/02 I also authored a list of recommended fixes related to the legacy AtHomeNet Website that I posted on NextDoor before I ever joined the board:

    1. A persistent problem seems to be communicating exactly which projects the HOA is doing or is planning to do and how /when they will be done. 
    2. Another related problem is clearly communicating what's been suggested already and any barriers that would block adoption.
    3. Update who Is on the various boards (HOA, SWIM, POA, ACC) and make accurate with names, and then easy to reach Contact info
    4. Almost Every New Resident heads to NextDoor to find help so that they know how and where to pay their Rogers Ranch Related bills ((HOA, SWIM, POA) make the payment links prominent and easy to find. 
    5. The search menu needs to be made clearer. EX: Type in HOA fees in search it returns NULL. WHAT!!?? That isn’t expected behavior.
    6. Have the actual monthly newsletter info updated and prominent link to get to for details
    7. Need a community calendar that outlines exactly what is going on and WHERE?????? IE: Santa visit at clubhouse
    8. Update the pictures to actual pictures of the community. The current art work can really be improved
    9. Have info such as when the holiday lights go up and when they will come down
    10. Courtesy messages:  IE:  Drive safe and HOW to drive near school buses
    11. A way for residents to highlight personal celebrations IE: Anniversaries of residents make this community more PERSONAL it feels so mechanical and mundane
    12. Welcome new resident section with LINK to broader events and happenings in the City of SA  IE: Fiesta, how and where to buy tickets
    13. Pertinent info that will help residents, HEB now delivers to the door if needed, how tos and helpful hints asking the community for monthly or AT LEAST quarterly helpful hints 
    14. ALLOW residents to share recommendations DIGITALLY what they would like to see their $$$$$$ spent on and you can take this feedback to your monthly meetings for discussion
    15. Make the drop down menus actually work, many of the keys when selected lead to NULL or NO WHERE and it is a really bad user experience 
    16. People want to see LIVE photos of our entrance and the two gates.

WHILE I served on the HOA board of directors: 

  • 03/18/2020 This board meeting was conducted via conference telephone because the Club House was closed by the Swim Club due to the COVID-19 pandemic. C. Silman and B. Kinlaw attended the conference call. D. Oroian, T. Lammert, and Vacant G. Britt Position were absent. Because the quorum requirement was not met there was no discussion, B. Kinlaw announced his intention to self-fund the Crosstimberhoa.org domain to begin the first platform evaluation and that I intended to keep the URL for future projects.
  • 03/20/2020 Email Rejection. Subject: Using a Conferencing Platform to host meetings is in the best interest of our community (Crosstimber.org Demonstration completely paid for by Brian Kinlaw) 

    1. HOA President B. Kinlaw requested: “Please login to the new platform before hand so that you are comfortable before our next meeting. It is important that we set a good example as board members.”
    2. Director D. Oroian responded: “I don’t remember voting to authorize paying for a conference platform.  What meeting did that happen at?”
  • 03/21/2020 at 8:13PM Email Rejection. Subject: Adhering to the Texas Open Meetings Act and public health disaster guidelines 
    1. In response to HOA President Brian Kinlaw’s request that board members set the example and attend the March 25th board meeting virtually Director D. Oroian responded: “I will not be participating in this. I don’t believe it’s in line with the Texas Open Meetings Act.”

  • 03/21/2020 at 10:11PM Email Rejection. Subject: Board Members are expected to regularly host and attend HOA meetings 
    1. Director D. Oroian has stated: “Besides, its only March, if there is something pressing to vote on it can be done via email and ratified at the next meeting. Not having a meeting for a few months is not a big deal in my book.

 

AFTER I stopped serving on the HOA board of directors:

  • 2020/10/07 The new HOA Board of Directors voted to disenfranchise a large group of home owner  that volunteered to join committees to address the community modernization issues raised within the 9/19/2020 Annual Meeting: 
    1. Increasing security (including Neighborhood watch)
    2. Unifying the DCCRs
    3. HOA bylaw modernization and consistently obtaining quorum
    4. Standards of conduct (Ethics, Board member Misbehavior)
    5. Director and committee member qualifications
    6. Improving communication coverage (and event notification) across the entire community
    7. Disaster recovery and safety planning
    8. Maintenance (including signage)
  • 2020/10/07 The new HOA Board of Directors also voted to shut down our new crosstimberhoa.com Vinteum powered website that allows our board members to make data driven decisions and guide better outcomes based on home owner survey results. 
  • 2020/10/07 Neither of these recent BOD decisions served the best interest of Crosstimber Home owners. Both decisions have made it more difficult for home owners to advocate for change especially during the middle of a pandemic. EX:
    •  Restricting or eliminating communication across all channels (online virtual conference calls, email, SMS/MMS text, and online group id) between home owners and residents does not help the community.
    • The new website helped to eliminate board member bias. Without Surveys… all board members are just guessing about what 648 home owners really want. Using surveys that encourage discussion allows our board members to make data driven decisions and our home owners to guide better outcomes.
    • Proper use of the new website created a meritocracy where only the best ideas that are supported by community survey results need to be prioritized by the board.
  • 2020/10/13 On this afternoon I was told that D. Oroian directed the Vinteum vendor to remove me as administrator for my own prototype. How does one announce in the last board meeting that something doesn’t work and then try to leverage it "for the HOA" without giving the developer any credit for providing a functional proof of concept that achieved our goals as designed?

Wednesday, October 7, 2020

Reclaim Your HOA

 

Reclaiming Your HOA by Tom Adolph (organize edits by HOA-POA)

  1. If you don’t go to the meetings and/or vote in the elections, you have no right to complain about what gets voted on in that meeting. Suit up and show up!
  2. Volunteer to have your name submitted for an elected position in your HOA / POA organization.
  3. Volunteer to work for a committee on a HOA / POA – These are usually non-elected positions that help to accomplish the goals of each committee.
  4. Read your Articles of Incorporation, Bylaws, CC&R, and other documents that control what the HOA / POA Board & residents can do and cannot do.

Gather Residents For Your Platform

  1. Figure out what your concerns are and put them down in a ‘Platform’ plan.
  2. Based on that Platform, find like-minded people who are willing to work with the current Board to make permanent, documented, changes.
  3. If working with the current Board doesn’t work, find a group of like-minded residents to replace one or more the Board members during your next election.

Vote & Demand Non-Fraudulent Voting Processes

  1. If you don’t vote, you have no right to complain about what your HOA POA Board does or doesn’t do, on your behalf. Suit up and show up!
  2. Insure that HOA / POA rules are being followed for all voting rights (see #3 above).
  3. If proxy votes are counted, in any given election, demand to see them and the property documents that insure that proxy has voting rights.




Reclaiming Your HOA – © Tom Adolph

After several years observing the HOA abuse issue and working through lawsuits and lobbying, I am convinced that the most effective method to stop HOA abuse is a grassroots effort to reclaim your HOA for the neighborhood. Do not wait for an attorney, a judge, or the legislature to help you. You and your neighbors have the power, but it will require work — hard work. Your ultimate goals will be to elect a board that will protect owner’s rights.

NOTE: I would appreciate any feedback and comments on this paper, especially additional helpful hints for reclaiming an HOA.


Step-By-Step Guide To Reclaim Your HOA

Major Goals
1. Identify the problems
2. Get the votes

Some Common HOA Problems
1. Assessment abuses
2. Management company and attorney abuses
3. Taking owner powers and rights away
4. Vendettas and Harassments

Information Sources
1. The records of your HOA
2. Court records
3. County real estate records
4. Your neighbors
5. Internet sources

Getting Help From Others
1. Make sure your issue is serious and concerns fundamental rights.
2. Investigate whether the problems extend to others and whether additional problems exist.
3. Write a persuasive position statement
4. Communicate, communicate, communicate
5. Attend your HOA board meetings and member meetings
6. Learn the ‘rules of the game’

Step-by-step guide to reclaim your HOA
1. Remember that the ultimate goal is to get the votes to elect a new board.
2. Identify the problems that you see in your HOA.
3. Investigate whether the problems extend to others and whether additional problems exist.
4. Enlist help.
5. Write a persuasive position statement.
6. Put together a slate of directors and officers.
7. Nominate your slate at the annual meeting, or, if necessary, call a special meeting to recall the current board and elect the new slate.
8. Insure that the election is proper.
9. Get the votes.


You have concluded that your neighborhood needs to reclaim your HOA and you want to know how to do it.
Probably, you had an unfavorable HOA experience. Perhaps your HOA threatened you with foreclosure. Perhaps an HOA attorney squeezed money from you. Maybe you feel harassed with violation letters. Maybe you feel that the HOA is doing nothing for the money you pay. Maybe you feel that a management company or attorney has taken control of your HOA. Whatever your reason, I hope that this paper will help you to make your HOA more neighborly and more responsive to your neighborhood.

Make sure your issue is serious and concerns fundamental rights.
Before you ever consider reclaiming your HOA, do some soul-searching. Ask yourself whether you have a serious issue that concerns fundamental rights. If your issue does not meet this criteria, then this paper should not concern you. I am convinced that the vast majority of HOAs are not abusive and serve a valuable purpose. The purpose of this paper is to assist someone facing a fundamental abuse, not to assist someone who has a minor dispute with how things are done in the neighborhood. Besides, you will never garner sufficient support from your neighbors for your efforts if your dispute is minor.

Unfortunately, many people living in an HOA do find themselves victims of a denial of fundamental rights. Current Texas law is seriously flawed in its failure to provide proper checks and balances to prevent HOA abuses. Unethical people can, within current law:
commit what amounts to legal blackmail, or impose their will over their neighbors, or harass an owner, or
carry out a vendetta through the HOA power, or deny due process
commit any number of serious, fundamental abuses by use of the legal powers granted to HOAs
These are the kinds of fundamental abuses that should spur you to reclaim your neighborhood and enable you to rally support from your neighbors.

Get the votes.
The No. 1 rule -the only rule for making your HOA more responsive to your community is to get the votes. The ultimate goal is to vote into power an HOA board that will be responsive to the wishes of your neighborhood. Everything else is a means to this end. Never forget this goal.

At the risk of being obvious, getting the votes means getting people on your side. From our experience, this will be a difficult task; not because your neighbors want an unresponsive HOA. Rather, it is unfortunately a predominant trait of many to be apathetic and to believe that the bad things that happen to someone else will never happen to them.

You will also face an initial fear by many that you are trying to do away with the HOA or make it impotent or that any tinkering with things will have an adverse effect on their property values. You must keep these fears in mind as you attempt to recruit supporters for your reforms. You must have answers for expressions of these fears — good, honest answers.

Your job is to convince your neighbors that they should want to correct the problems. Your job is to answer the “What’s in it for me?” question.

Groundwork to Persuade Others – Identifying the problems.
To convince your neighbors to vote in a new board, you must first identify and describe the existing problems in a way that helps your neighbors see that the problems affect them and not just a few. To recruit supporters and votes, you must show that the problems are widespread and affect large segments of the neighborhood. This requires investigation. It requires time.

Write a list of the problems.

  • Identify why you think action is necessary.
  • Identify a solution that fits your neighborhood. There is no one right answer to how an HOA should act other than that it should reflect the views and will of the
  • neighborhood. In each neighborhood, opinions will differ. Some people want a strong HOA and strong rules. Some people want little or no control. Which view fits you? Which view fits your neighborhood?
  • Your initial list of problems will depend on your personal experience. It is a good starting point, but you will need more information to convince your neighbors to help. You will need to investigate.

Too often, a homeowner thinks that she is the only homeowner having troubles with the HOA. Sometimes, this may be true. But often, it is not true. Often, the HOA’s violation letters, liens, and lawsuits occur without the knowledge of the neighborhood. A victim may think she is alone, but in fact she is one of many.

As you evaluate the problems identified, keep in mind that a sliding scale probably exists depending on (1) the severity or fundamental nature of the problem and (2) the number of neghbors effected. One very serious, fundamental problem affecting one neighbor might galvanize an entire neighborhood. A lesser problem will probably not interest your neighbors unless you can show that it affects a significant percent of the neighborhood.


Some Common Problems
As you investigate your HOA, it may be helpful to know some common problems that others have encountered with their HOAs. These include the following.

1. Assessment abuses:
A. Assessments increased more than the rules allow
B. Assessment collections far exceeding reasonable need
C. A single assessment increase using several years of ‘accumulated’ percentage increases (For example, rules often limit an annual increase to X% over the prior year. Some HOAs claim a right to increase assessments in one year using unused increases from several prior years. This method could lead to a single increase exceeding 100%.)

2.Management company and attorney abuses:
A. An unreasonable number of liens or lawsuits against owners. An HOA should represent the will of the neighborhood. If, in the last five years, your HOA has filed liens against 20% of your neighbors, there is a problem. What percent below that might still represent a problem is a matter for you and your neighbors to decide.
B. Squeezing money from homeowners by threats of lawsuits and attorneys fees.
C. Delegation of power to an attorney or management company to sue owners.
D. Indemnification of the attorneys and management company so that owners pay for the bad acts of the management company or attorney.
E. Payment of ‘bounties’ to attorneys or the management company for each violation letter or dispute; creating incentives for attorneys and management companies to create disputes rather than to treat owners as neighbors.
F. Improperly creating ‘late payments’ by waiting months before cashing a check or not accepting payment or sending a bill to a wrong address.
G. Foreclosing when the majority of homeowners disapprove of this action. If the majority opinion is against foreclosures, then an HOA that engages in foreclosures is not representative of the neighborhood.
H. Foreclosing against those down-on-their-luck. These are times when neighbors should offer help. These are not times to add to someone’s burdens.
I. Foreclosing for trivial reasons We have seen foreclosure filings for:
(i.) a $1.00 debt
(ii) an oil stain on a driveway
(iii) to recover attorneys fees only (no assessment debt)
(iv) a two or three foot disagreement about placement of a lamppost
(v) a window unit air conditioner where
(a) other homes had window units and
(b) the owner had orders from his doctor to have the window unit with special filtering ability for his health condition.
J. Excessive management fees and attorneys fees

3. Abuses taking the power away from the owners:
A. Creating new deed restrictions or similar rules without a vote by the owners. A very dangerous Texas law allows creation of new deed restrictions, bylaws, and rules without the consent of all owners and even without any vote at all by the owners.
B. Creating rules to retain preserve power and office
C. Executing agreements that bind the owners forever or for many years. An example is a perpetual agreement, without majority approval, obligating all owners to pay dues to a swim club (when the obligation did not originally exist).
D. Demanding new easement concessions as a condition to any services
E. Unfair tactics to eliminate opposition
Before you identify this as a problem, determine whether the board is actually entrenched or whether the directors are serving year after year because no one else is willing to step forward. Some unfair tactics include cancelling elections when the board sees that it will lose and eliminating elections.
F. Refusing disclosure of documents. Texas law requires HOAs to comply with ‘open records’ requests. Determine whether your HOA (and its management company and attorneys) are complying with this law or refuse requests or use delaying tactics that effectively negate the open records requirement.
G. Denying the right to vote. Texas law currently permits an HOA to deny owners the right to vote. This is an extremely dangerous power that enables entrenched boards to remain in power. A frequent tactic is for the board to send violation letters to their opponents immediately before an election, thus disqualifying all opponents. Investigate whether your board has ever used this tactic.

4. Vendettas and Harassments:
A. Harassing phone calls – We have heard from more than one owner who has received harassing phone calls after appearing at a board meeting or voicing a complaint.
B. Harassing violation letters – Often, owners who oppose the board or management company soon find themselves the recipient of numerous violation letters.


Some Helpful Arguments

  • In developing a persuasive position statement, you must be attentive to the unique facts of your situation. However, the following may be of help to you.
  • Deed restrictions and enforcement are often helpful and positive for a neighborhood. So be careful about responding to an argument such as the one above. Investigate the facts.
  • Is the HOA charging more than is reasonably necessary for the services provided? Are the fees different from section to section?
  • Can the HOA meet its expenses without foreclosing?
  • What percent of owners are not paying dues?
  • How much cash does the HOA have?
  • Also, with respect to foreclosure, consider the following arguments:
  • The doctor who saves your life cannot foreclose on your home to obtain payment. The doctor provides a much more valuable service than the HOA.
  • If you run up a $10,000 bill at American Express, American Express cannot foreclose on your home to recoup their money.
  • How much money does the HOA actually get from a foreclosure? Often, the only persons who profit are the attorneys and the purchaser of the home at auction. The net effect may be detrimental to the HOA and the neighborhood. The home may actually become an eyesore if abandoned.

Will the taxing authority, MUD or school district foreclose if the HOA does not? Will their claims preempt any claim or recovery by the HOA?
HOAs often claim that their actions are necessary to maintain property values. To counter these arguments, see:
1. hoadata.org
2. Houston Association of Realtors’ records
3. Houston Chronicle, Business Section, April 6, 2003, pages 8D, 9D, and 10D
Generally, property values are dependent on the individual property, its location and the economy, not the actions of an HOA.

Information Sources
The available sources for your investigation include the following.
1. The records of your HOA
2. Court records
3. County real estate records
4. Your neighbors
5. Internet sources
1. The records of your HOA
The organization documents may grant you a right to review or copy specific documents. Determine if you have that right and make any appropriate requests in writing, citing the provision that grants the right.
In addition, Texas law requires that an HOA comply with certain records requests by owners. Use this law to submit written requests to your HOA asking to view specific documents.
Under Property Code Chapter 209, I request copies of all violation letters sent by the HOA since [date] [or all contracts, or all lawsuits, or whatever you are interested in.] .
Use this law also to obtain the names and addresses of all owners. Deliver your request in person and get a receipt, or send it by certified mail, return receipt requested. You may need to give the HOA a reason for your request. Some suggested reasons (you may come up with others) are:
1. To enable you as a member of the HOA to submit a petition pursuant to Property Code Chapter 201;
2. To enable you as a member of the HOA to obtain proxies for an election;
3. To enable you as a member of the HOA to campaign for office;
4. To enable you as a member of the HOA to review the actions of the board for violations of law;
5. To enable you as a member of the HOA to determine whether the actions of the board are capricious or arbitrary;
6. To enable you as a member of the HOA to determine your own obligations; and
7. To enable you as a member of the HOA to determine if you are being singled out unfairly or otherwise harassed.
This law changes with almost every legislative session. You can find the current law at

http://www.capitol.state.tx.us/statutes … 05.209.005

.

However, current law provides:
Sec. 209.005. ASSOCIATION RECORDS.
(a) A property owners’ association shall make the books and records of the association, including financial records, reasonably available to an owner in accordance with Section B, Article 2.23, Texas Non-Profit Corporation Act (Article 1396-2.23, Vernon’s Texas Civil Statutes).
(b) An attorney’s files and records relating to the association, excluding invoices requested by an owner under Section 209.008(d), are not:
(1) records of the association;
(2) subject to inspection by the owner; or
(3) subject to production in a legal proceeding.
Section B, Article 2.23, Texas Non-Profit Corporation Act (Article 1396-2.23, Vernon’s Texas Civil Statutes), referenced in Sec. 209.005(a) provides:
Art. 1396–2.23. Books and Records
A. Each corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority of the board of directors and shall keep at its registered office or principal office in this State a record of the names and addresses of its members entitled to vote.
B. A member of a corporation, on written demand stating the purpose of the demand, has the right to examine and copy, in person or by agent, accountant, or attorney, at any reasonable time, for any proper purpose, the books and records of the corporation relevant to that purpose, at the expense of the member.
2. Court records You may find lawsuits filed by your HOA in various court records.
In Harris County, your HOA can file suit in three separate courts: district court, county court, and justice of the peace courts. You should look for suits in each of these courts that include your HOA as a plaintiff. These records often have misspellings and abbreviations, so to perform a thorough search, you must be flexible and creative in your search techniques. District court records are available online at . County court records are available online at . Justice court records are not available online. However, you can review these records at the court. It is quite helpful to review the court papers in some or all of these cases.
Court records from other counties will be similar.
3. County real estate records

You may find liens, development plans, deed restrictions, management certificates and other records relating to your HOA in the county real estate records. An index of Harris county real estate records is available online. Full text is available only at the county clerk’s office.
4. Your neighbors
Once you have identified liens and lawsuits, you now have a list of possible other victims of HOA abuse. Contact these neighbors. Tell them your goals, and listen to their stories. You should be able to recruit help from these lists.
5. Internet sources

http://www.hoadata.org


Provides information on the number of foreclosure-related lawsuits by HOAs.

http://pages.prodigy.net/hoadata/refs.html


Webpage from this website that has several useful links.

http://www.stoptexasforeclosures.com


Advocates to eliminate the HOA foreclosure power in Texas.

http://www.capitol.state.tx.us/

Website for the Texas Legislature.

http://www.capitol.state.tx.us/statutes/statutes.html

Texas statutes

http://www.capitol.state.tx.us/statutes/pptoc.html


Texas Property Code (Look particularly at Chapters 201-209)

Enlist help.

  • Do not do this alone. You must enlist help within your neighborhood. There is power in numbers.
  • An immediate source of helpers should become apparent from your review of violation letters, court records, and county real estate records. Talk to the people who have been sued by your HOA or who have liens filed against them. Often, these people will think that they are alone in their problems with the HOA. They may be very grateful to learn of other victims. But be careful and diplomatic. Some people are embarrassed by their victimization. Be prudent.

Write a persuasive position statement.

  • To win votes, you will need a persuasive written statement about why the neighborhood needs a change in the HOA.
  • Honesty and sincerity.
  • In everything you do in this effort, always tell the absolute truth. Do not embellish for effect. Honesty plays better than anything you can do. So does sincerity.
  • Just the facts.
  • Support your position with facts. Be persuasive. Be precise and accurate.
  • You will not win votes by generalizations or overstatements. Your credibility will be crucial throughout the effort. You must be prepared in advance with facts.
  • Use this summary as a flyer as described below.
  • Have a friend check the language to eliminate emotional words. Absolutely NO emotional language, accusations, or defamation.
  • Emotional language, accusations, and defamation may make you feel good for a short time, but in the end, they will only hurt your efforts and may expose you to legal liability. You must take the high ground. No one needs to know how you feel about the personalities involved. All they need to know is that the board is pursuing policies that are not in your neighbors’ best interest. All they need are the specific, immediate steps needed to change the policies.
  • Try to keep your flyer no more than one page. If you cannot meet this limit, you have not crystallized your thoughts sufficiently to convince your neighbors.
  • Remember that you are dealing with neighbors who may live near you for a long time. Remember also that you are trying to win votes. Accusations, defamation, and emotional language will hurt more than help by:
    1. ) inflaming the emotions of the opposition,
    2. ) turning away more votes than you might gain;
    3. ) risking personal legal liability, and
    4. ) weakening your credibility.

Know the audience.
You cannot reclaim your HOA if your neighbors do not support you. To enlist their support, you must know who is for you, who is against you, and who is undecided. You, or someone on your side, must be a vote counter.


Communicate

Talk to people.

  • You will find others who agree with you and who will help you.
  • In everything you do in this effort, always tell the absolute truth. Do not embellish for effect. Honesty plays better than anything you can do. So does sincerity.
  • Talking to people and distributing a flyer are absolute necessities. Other methods of communicating will depend on your situation.
  • Personal delivery and conversations are much more effective than mail.

Flyer

  1. Use your position paper as a flyer.
  2. Distribute the flyer everywhere.
  3. Walk your flyer door to door. Hand it to people and talk to them if you can. If no one is home, then roll it up and put it between the knob and the edge or inside the handle or under the mat.
  4. DO NOT PUT YOUR FLYER IN MAILBOXES. You do not want to be charged with violating federal laws.
  5. Do not put the flyer anywhere on a mailbox – not inside, not on the mailbox flag, and not taped or stuck to the outside of the mailbox.
  6. Remember that there are people who will oppose you. So try to avoid criticism for things that are not part of the issues (like where you put the flyer).
  7. Do not tape the flyer to anything. Some people will take offense at this. Be as unintrusive as possible.

Websites

  1. Enlist the aid of someone who can put up a web site for your neighborhood. To enable people to find your website:
  2. Use the name of your subdivision in the web site address;
  3. Use the name of the subdivision, the term Homeowner Association or HOA, your city, county, and state in the title.
  4. Link your website to other websites that may be helpful. Some have found it useful to link to CAI websites to show its bias against homeowners and to CAI training sessions for management companies and attorneys.

Neighborhood newspapers and other media
If you can get it, newspaper coverage is fantastic. Try:

  1. Neighborhood newspapers
  2. The Chronicle’s This Week reporter for your area
  3. Try any other media outlet you can find. You should be able to find at least one reporter sympathetic to your issues – if your issues are serious and fundamental.
  4. Find out what stories resonate with people.
  5. Relate your HOA issues to others that you have seen in recent media coverage.
  6. Write letters to the editor and get your supporters to do the same.

Meetings of neighbors

  1. Arrange meetings with people who can organize a consolidated effort.
  2. End each meeting with specific tasks and deadlines.
  3. Collect enough money to cover costs of printing, postage, and possibly a lawyer.

Learn The Rules Of The Game

A crucial but tedious task that you cannot omit is to learn thoroughly the rules that you must follow to attain the ultimate goal of replacing the board. These rules may appear in some or all of the following:
1. The development plan
2. Deed restrictions
3. The HOA articles of incorporation
4. The HOA by-laws
5. HOA rules (CC&R’s)
6. HOA guidelines

These documents are often voluminous and difficult to understand. You may need legal help to fully understand all the rules. At the very least, you should read the applicable provisions many times. The documents listed above will cover many different subjects. Another source of applicable rules is the Texas Non profit Corporations Code –> Click Here


Meetings and Elections

  • Attend your HOA board meetings and member meetings Going to meetings of your association will serve at least two purposes. First, you will learn firsthand what is happening. Second, you will gain necessary name recognition that may serve you to garner support.
  • Insist on open meetings, and if the board refuses, record carefully any statements by the board in its refusal.
  • Stay until the end of the meeting. If you cannot stay until the end, partner with someone who can.
  • Take notes or bring a recorder.
  • Prepare a summary report promptly after the meeting. If your records do not agree with the official minutes, call the secretary or another board member to resolve the discrepancy. If you cannot resolve the discrepancy, then distribute your notes to neighbors noting the discrepancies. You might include your notes and the official minutes on a website.
  • Do not waste your time at directors meetings. You may not even have a right to attend these meetings.
  • Do not waste your time at association meetings by voicing ambiguous complaints. Focus on effective action. Have specific goals in mind.
  • Prepare a written motion. Spend your effort to get the motion made, seconded, debated, and passed. Nothing that happens at a meeting has any legal effect without a motion voted on and passed. Have at least two people available to make the motion, and at least two more to second it. Practice doing it so you don’t get confused.

Association Meetings

  1. When and where are association meetings?
  2. How is the agenda set for a members meeting? (Usually, the members can set or raise agenda items before and during the members meeting. Do not allow others to preclude this right. Know the rules for doing so – See your by-laws and Roberts Rules of Order.)

Member ‘Called’ Meetings or ‘Special’ Meetings

  1. Can one or more members call a meeting? If so, how? Is the ‘called’ meeting limited to specific purposes?
  2. Calling a special meeting usually requires a petition signed by a number of members. The wording of the petition must be carefully crafted to insure that the meeting will cover any issue that you wish to cover. Determine what information the HOA rules require for each signature. The rules might require a person to provide name, address, lot, block and section number, and a representation that he or she is an owner. This info may be found at the appropriate CAD property website. Add to the petition a statement that only the express items stated in the petition may be included in the meeting.
  3. Choose the time and place wisely.
  4. Check in advance about availability of the meeting site.
  5. Choose a time and place when the most people can attend. Avoid holidays and summer vacations.
  6. Choose a time and place that meet any time requirement of your HOA rules. A ten day notice is common, but check the precise rule.
  7. Choose a time that allows for the time necessary to all that needs to be done before the meeting.
  8. Once your petition is successful, the HOA or management company will need to send out notice letters. Give sufficient time for the printing, copying, envelope stuffing, and other needed work.
  9. Add to the petition the time, place and date of the meeting. If you fail to do this, the HOA or management company may delay sending the notices.
  10. Get more signatures than required. Try to be at least 20% over the required amount.
  11. Before turning in a petition, review each page for accuracy and completeness.
  12. Before turning in a petition, make and keep copies.
  13. Request that you or an objective person be present as the board reviews the petition. Insist on oversight.
  14. Offer to help with any required mailing of a notice of the meeting. Ask to watch the HOA or management company mail the notices.
  15. Do not count on the HOA or management company to notify residents. Send or deliver your own notice.
  16. Read, study, and keep handy a copy of Robert’s Rules of Order. The opposition may run roughshod over you until you master these rules. They are not that hard. They are tools for running an orderly, civil meeting that gets results. The board probably does not understand them, so you may have an advantage if you do.

Director Meetings

  1. When and where are director meetings?
  2. Can owners attend director meetings?

Elections

  1. When are elections?
  2. Who may run elections?
  3. What are the qualifications for being a candidate or board member? This is a very important issue. You should not offer any candidate who is not qualified according to the HOA rules. Also, often, an HOA does not police its own requirements and officers or directors serve without proper qualification. You may wish to check if the current officers or directors are properly qualified.)

What are the HOA rules concerning proxies? Proxies are not permitted by all HOAs, and even an HOA that permits a proxy may not permit proxies for all votes. Some common (but not universal) requirements for proxies include:

  1. Specific forms or language;
  2. Notarization;
  3. Filing with a specific officer;
  4. Execution within a certain time before the election;
  5. A description of a specific purpose for the proxy.

[*]Know the proxy requirements of your HOA.
[*]Insure that each proxy is dated.
[*]Also, make and keep a copy of any proxy before turning it in. [/list]

Counting the votes

  1. Demand an objective method of counting the votes.
  2. Demand oversight

.

Voting rights
Who is entitled to vote? Determining who may vote is a critical first step in understanding the rules. The rules will differ from HOA to HOA, so I cannot state an absolute rule. The most common rule is that only owners of record may vote. Generally, an owner of record is a person whose name appears as an owner on a deed filed of record in the county real estate records. Often, an HOA can deprive a member of the right to vote by sending a violation letter. Investigate whether your HOA has this power. At least some possibilities include combinations of the following:

  • Owners of record
  • Lien holders
  • The developer
  • Renters
  • Only qualified persons in actual attendance at a meeting

What proof, if any, is required to establish voting rights? Often, HOA rules grant voting rights only to the owners named in recorded deeds or other title documents. Investigate these and other requirements for proof of voting rights.

  1. How many votes per lot? The most common rule is one vote per lot. However, this is not a universal rule. Some HOAs grant one vote to each named owner. In new developments, the developer is a member entitled to substantial voting rights.
  2. Can the HOA take away voting rights by violation letters or other means?

Recall
Do the rules permit or prohibit a recall?


Note: Ideas for this paper have come from many people who have more experience than I with reclaiming their HOAs, especially Wendy Laubach and Shu Bartholomew. Other homeowners who have provided much insight are Mary McGarr, Emily Pomrenke, Brenda Barbier, Don Wilson, Bruce Kyckelhahn, and Mitch Glassman.


Some people will never change. When they show you who they are, believe them

Sent to HOA Board members and fellow former committee members on 10/7/2021, Our HOA board president thinks that new wrought iron gates that ...