Legal Question in Real Estate Law in Texas

Home Owners Association

My HOA voted for a special assessment for a renovation. My portion was about $15000. I voted against it but there is a group in the HOA that I feel tried a ploy to set themselves up where they could foreclose on a few owners they didn't feel would be able to come up with the money, thus possibly being able to buy the delinquent properties for penny's. Well, everybody came up with the money except for one in the group that voted for the special assessment who happens to be the President of the HOA. The HOA officers are refusing to push forward with the project nor refunding the monies. The HOA will not give me a copy of the HOA bylaws either so I could challenge what they are doing according to the rules. I just feel I'm getting the run around and meanwhile my money is tied up in an account that I can't touch; not to mention I felt the Special Assessment was excessive. Is there any remedy for this? What can I do to force them to move forward or give my money back?


Asked on 7/07/09, 7:00 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Home Owners Association

The bylaws are public record. You can get a copy from your local county clerk's office, but if you locate the papers where you bought your house, I bet you will find a copy there.

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Answered on 7/08/09, 8:12 am
Joseph A. McDermott, III Attorney at Law

Re: Home Owners Association

I thnk you're going to have to at least threaten to sue them. You have the right to demand to see the books and records of the HOA and if they refuse, you can sue to compel production and perhaps get your legal fees.

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Answered on 7/08/09, 9:37 am


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