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HOA - developer controlled

2,902 Views | 18 Replies | Last: 1 mo ago by CenTexAg19
TXCityGirl
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Does anyone have a good resource for HOA disputes and legalities? Our HOA is still developer controlled (in BCS). Their office sent homeowners an email this summer stating that they needed $600 more this summer than the invoiced amount due in January.
The demand letter cited additional expenses, but with no backup, documentation, annual meeting, etc. Past HOA meetings have been a disaster with this developer. I found the Texas Property Code online. Is there any other resource for these types of issues? The developer enjoys litigation.
Deats99
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AG
It is always a **** show with declarants. But they do have to provide transparency and generally are required to cover shortages.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
Rexter
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Visit with Josh Benn in CS.
Heineken-Ashi
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Rexter said:

Visit with Josh Benn in CS.
Seconded. Josh is top notch.
"H-A: In return for the flattery, can you reduce the size of your signature? It's the only part of your posts that don't add value. In its' place, just put "I'm an investing savant, and make no apologies for it", as oldarmy1 would do."
- I Bleed Maroon (distracted easily by signatures)
OnlyForNow
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AG
What do do the bylaws say about the board? Getting enough home owners you may be able to remove the developer.

Is this fee declared a "special assessment"?
ElephantRider
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AG
Who is the developer?
TXCityGirl
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Yes, the words "special assessment" were used in the email.
Developer is Rountree and I would 1000000% say not to do business with them.
ElephantRider
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AG
Yeah, good luck with that.

I agree with your assessment about doing business with them...and I'll leave it at that.

FWIW, Rountree was just sued by Brazos County over tax issues.
OnlyForNow
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AG
Get a super majority of the current homeowners and you can retake the board.
Diggity
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AG
Doesn't work when the developer still owns a good chunk of the lots.
UhOhNoAgTag
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Good luck if developer is Wallace Phillips. He is in everyone's back pocket. Best best to go to Houston or Austin.
OnlyForNow
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AG
Depends on how the by laws are written, but since this is new development most likely means the legal language is pretty strong in their favor. My HOA restrictions are from the late 80s and I'm pretty sure no lawyer ever looked at them since their fairly contradictory, there are multiple spelling/sentax errors, and it allows the people to over throw the opressors.
Deats99
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AG
OnlyForNow said:

Get a super majority of the current homeowners and you can retake the board.

Usually doesn't work because any intelligent developer would make his lots have at least a majority's worth of votes each
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
MsDoubleD81
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AG
The ones in my neighborhood have a totally different name listed at the top than what our subdivision is. I think they just copied and pasted the verbiage. Our HOA is pretty useless and is still developer controlled.

They just take our money and get hissy if we ask what they spend it on.
ElephantRider
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AG
UhOhNoAgTag said:

Good luck if developer is Wallace Phillips. He is in everyone's back pocket. Best best to go to Houston or Austin.


It's Trent Thomas.
OnlyForNow
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AG
The trouble would be that you're gonna be spending your money to hire a lawyer and not the HOA's money.

Good luck!
SoTheySay
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S
Assuming you live where I think you do, isn't your HOA already incredibly expensive, especially for what amenities there are? Or aren't, really.

We almost purchased in the neighborhood I assume you're in and the HOA was actually a big deciding factor as to why we didn't. I don't mind an HOA but this one I do.
ElephantRider
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AG
SoTheySay said:

Assuming you live where I think you do, isn't your HOA already incredibly expensive, especially for what amenities there are? Or aren't, really.

We almost purchased in the neighborhood I assume you're in and the HOA was actually a big deciding factor as to why we didn't. I don't mind an HOA but this one I do.

Did you mean to address this to OP? I don't live in the neighborhood we're talking about here, just know a little about how Trent Thomas (and most of the other developers around town) operate
CenTexAg19
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AG
If the Declarant/Developer still owns 60% or more of the lots within the subdivision they will have all control. In a three board member HOA, typically the Declarant will turn over one seat once the neighborhood is 60% occupied by residents, then turn another chair over to a resident member at the 80% mark, and then will turn over the last seat at either 95% or 99% occupied residents.

If the Declarant is in control and if there is a management company for this, then the Declarant will usually do a Developer Contribution to cover costs for unoccupied lots if HOA expenses are not covered by current residents.

I would be curious to see what your ByLaws, CCRs, and Dues are.
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