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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.