Legal Question in Real Estate Law in Texas

In the articles of Incorporation, it clearly states assessments can be used to improve the common areas in our neighborhood. Our BOD has decided to build a pavilion using reserve money. Under the By-Laws, Powers and duties (E) making or contracting for the making of repairs, additions, and improvements to or alterations of the Common Areas in accordance with the other provisions of the Declaration and these BY-Law after damage or destruction by fire or other casualty. Our BOD held a special meeting to discuss a survey that was sent out in regards to the Pavilion. Only 12 of 230 homes attended. The survey produced 42 yes and 33 no's. Our by-laws state that for a special meeting, the presence of Owners in person or by proxy, representing 25% of the total eligible votes in the Assoc. shall constitute a quorum.

There was not a quorum for the special meeting. The BOD state they do not have to have a vote to constuct this pavilion, that they have the right to build in the common areas for the good of the neighborhood. My concerns are if this is true, then each new board can decide what they like and build anything. Is this a power the BOD has? Than you so much for your response.


Asked on 5/17/10, 6:33 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

HOAs are not my area of expertise. You would need to hire an attorney to look at the Bylaws and Declaration to see if they are acting within their power. If BOD has overstepped their bounds, they could be held personally liable.

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Answered on 5/22/10, 3:40 pm


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