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  #1  
Old 07-22-2003, 11:06 PM
wallermomof2
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Voting rights in homeowner's organization


What is the name of your state? Texas

I live in a neighborhood that the developer abandoned. After the abandonment the school district foreclosed on the majority of lots in the neighborhood and became the largest property owner in the neighborhood. Obviously the developer didn’t pay his taxes. It is my understanding that the school district is a member of our homeowner's organization and has voting rights but does not have to pay maintenance fees. Our bylaws state that all lot owners have to pay maintenance fees however according to the school district they are exempt by law. My common sense tells me it might be true since they acquired the lots through no fault of their own but I would like to study this a little further to satisfy myself that the school district is in fact a member of the association WITH VOTING RIGHTS. The voting rights concern me the most. I would really appreciate your assistance in directing me on how to find a specific law that supports this or maybe a case history. Is there a law book or Internet site that would be friendly to a layperson such as myself? I need to present this at our next homeowner’s organization meeting and I’m sure that the attendees will want to see for themselves and not just take my word for it. I need it in writing!!!!! I know your going to say it depends on what is written in the association bylaws – I know them like the back of my hand. The bylaws state that ALL lot owner’s are members of the association and subject to maintenance fees and must be current with fees in order to vote but since the school district says they are not legally required to pay maintenance fees by law then common sense would tell me that they are not delinquent. The bylaws do not address the voting rights of a taxing authority at all.
Sincerely,
Theresa
  #2  
Old 07-23-2003, 01:14 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Voting rights in homeowner's organization


Quote:
Originally posted by wallermomof2
What is the name of your state? Texas

I live in a neighborhood that the developer abandoned. After the abandonment the school district foreclosed on the majority of lots in the neighborhood and became the largest property owner in the neighborhood. Obviously the developer didn’t pay his taxes. It is my understanding that the school district is a member of our homeowner's organization and has voting rights but does not have to pay maintenance fees. Our bylaws state that all lot owners have to pay maintenance fees however according to the school district they are exempt by law. My common sense tells me it might be true since they acquired the lots through no fault of their own but I would like to study this a little further to satisfy myself that the school district is in fact a member of the association WITH VOTING RIGHTS. The voting rights concern me the most. I would really appreciate your assistance in directing me on how to find a specific law that supports this or maybe a case history. Is there a law book or Internet site that would be friendly to a layperson such as myself? I need to present this at our next homeowner’s organization meeting and I’m sure that the attendees will want to see for themselves and not just take my word for it. I need it in writing!!!!! I know your going to say it depends on what is written in the association bylaws – I know them like the back of my hand. The bylaws state that ALL lot owner’s are members of the association and subject to maintenance fees and must be current with fees in order to vote but since the school district says they are not legally required to pay maintenance fees by law then common sense would tell me that they are not delinquent. The bylaws do not address the voting rights of a taxing authority at all.
Sincerely,
Theresa
**A: your issues are too complex to answer over the internet as an attorney would need to review all HOA docs, the property title report, the applicable local ordinances, state statutes etc.
The school district is exempt from paying taxes and related fees but if they are owners and HOA members. they should be required to pay maintenance fees.
  #3  
Old 07-23-2003, 12:37 PM
wallermomof2
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Voting rights


Is there any way I can research this myself. The neighborhood I live in is lower middle/middle class. We are hard working blue collar workers with families and most of us live paycheck to paycheck. The only thing of any value that we own is our homes most valued at 70-85 thousand. I’ve already called a couple of attorney’s and we simply can’t afford one. Our fear is that our community might be sold to a mobile home developer and our site built homes would depreciate to half their value. Do law schools ever take a complicated issue on as a class project? We’re desperate!!! Any direction you could give us would be greatly appreciated.

Sincerely,
Theresa
  #4  
Old 07-23-2003, 06:02 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Yes, you can research it yourself.
  #5  
Old 07-29-2003, 02:57 PM
t2redo
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Home Guru, you are an idiot.
  #6  
Old 08-07-2003, 03:21 PM
wallermomof2
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I agree


I agree with you. I just wasted time posting this. No direction was given to me at all. He is no guru - he is a grump or doesn't have the answer and won't just fess up and say sorry but I don't know the answer to your question. If there is anyone out there with some real advice for me I would greatly appreciate your feedback!!!!!
  #7  
Old 08-07-2003, 05:27 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: I agree


Quote:
Originally posted by wallermomof2
I agree with you. I just wasted time posting this. No direction was given to me at all. He is no guru - he is a grump or doesn't have the answer and won't just fess up and say sorry but I don't know the answer to your question. If there is anyone out there with some real advice for me I would greatly appreciate your feedback!!!!!
**A: read your questions and read my responses. If any of my 2 responses were incorrect, I will send a check to you so that you can hire your own attorney.
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