HOA Rule Changes

What is the name of your state?Texas

My HOA is 3 years old. When I brought my house (200K+) in 2001, you could not have an Aluminum patio cover or above ground pool.
In 2004 I had a wooden patio cover build that matches my house. You cannot tell the builder didn't build it at the time the house was build. I also had an in ground pool installed at the same time. I spent a total of 50k for the pool and the patio cover.
This week I get a letter in the mail saying the HOA (five members on the board) is now allowing home owners to install Aluminum patio covers and above ground pools are ok as well. There are 144 homes in my neighborhood and no house is older than 4 years. Can these 5 people make changes to the HOA bylaws without a vote? I don't think letting others added this kind of stuff to their backyards are going to help property valves in our neighborhood. Would I have still spent the kind of money I did to mine knowing this? I don't think so?
It will be harder to get this kind of money back out of my property when the guy behind me and next door has a white aluminum patio cover by his rusting above ground pool?
Is there anything I can do to put a stop to this? There are at about 15 houses with in ground pools, and about 20 that have added the wooden patio covers in the neighborhood. I believe we are going to take a lost on the valve of our property. Can we take action again our HOA for trying to make these changes? I was told at closing on my house these bylaws could not be changes for ten years?

The HOA officers cannot usually, on their own, just arbitrarilly change a recorded deed restriction. Review the E&R documents that came with your house. There are usually very stringent requirements for such changes, as persons who buy there are buying subject to, and in dependence upon, those restrictions.

Additionally, some municipalities also have restrictions on the use of above ground pools. They may be allowed, but must be landscaped in, or whatever. At least in my community, above ground pool use isn't only restricted by E&Rs.

In my experience, many private HOAs who are not operating under the supervision of an attorney or professional management company are NOT well - informed about what they can and can't do. My assoc. tried to make a change that was contrary to voting rules, and I had to make them back down. So, get out your papers and see exactly what is required for major changes like that.

In the end, you may need to get a RE attorney, or pool (pardon the pun) with other owners and do so.

Texas, HOA bylaw changes

In the end, you may need to get a RE attorney, or pool (pardon the pun) with other owners and do so.[/QUOTE]



We do have a management company and an attorney for our HOA. I have talked to the employees of the management company a couple of times. I'm pretty sure they are at the HOA meetings each month. I don't think the attorney is ever contacted unless the management company is having a problem with a homeowner. You may be right about the management company telling the board members it would be ok to make these changes without talking to the attorney first. I'm going to call them on Monday. I didn't get this letter until Friday night. If I have to get an attorney involved to put a stop to this. Will I be able to get repaid for the attorney’s fees if we find out the management company screwed up? How would the attorneys fees work?

Texas, HOA

I found this link on HOA'S while looking for more info on bylaws. I still don't have my answer to what will happen on Monday. But I wanted to share this info with other on how some HOA' S WILL TRY TO STEAL YOU HOUSE!

http://www.ccfj.net/prtexresearch.htm

Texas, HOA

Talked to one of the old board members on Saturday. He told me he was always fighting the others on the pool and patio covers. It seems that two of the five board members already had an above ground pool. They needed to change these rules so they could be with the HOA guide lines. I don't think theses board members care about what they could be doing to ours property value. They are only worried about there personal agendas.
What next?
Are carports going to be ok?
Will running a small business out of your house ok?

Under most circumstances you will need 75% of the members vote to change the CC&R if it actually says in there no above ground pools or aluminum covered porches ect. then no I can not imagine the 5 board members being allowed to change this. You should fight this IMHO because there is no reason to allow them for the purpose of making some of the board members pools compliant thats crazy why were the board members allowed to disreguard the rules anyhow?

Shel77 said:

Under most circumstances you will need 75% of the members vote to change the CC&R if it actually says in there no above ground pools or aluminum covered porches ect. then no I can not imagine the 5 board members being allowed to change this. You should fight this IMHO because there is no reason to allow them for the purpose of making some of the board members pools compliant thats crazy why were the board members allowed to disreguard the rules anyhow?

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They didn't ask for permission from the HOA.
I would bet they did not even pull a permit from the city. The old board member I talked to said the Architectural Committee could make these changes without a vote. The board of Directors and the Architectural Committee are the same 5 people from the above post.
What do you think? Can the Architectural Committee make these changes without a vote?

Which is why we go back to advising the owner to REVIEW their documents, paying close attention to voting rules, and what percentage of OWNERS must approve such a change. Very seldom are officers entitled to, themselves, alone, approve a restriction change like that.

Then photocopy the applicable section and attach it to any correspondence. It needs to be pointed out to them WHY they have not met the legal requiremnts necessary to make such a change. If that fails, then you need a RE attorney!