FrustratedwithHOA
New Member
- Jurisdiction
- Texas
I live in a subdivision in Texas whose HOA is still under Declarant control at this time. The board of directors is comprised of the developer and two of his employees.
In the 8 years since the inception of the HOA, the BOD has never held an annual meeting - ever. They do not hold board meetings, post financials, or respond to requests for meetings to discuss issues. Residents have repeatedly asked for annual meetings and that has been met with silence. Only recently have residents begun pushing for financial records and the new management company has provided some but there are a lot of questions about where HOA money has been spent.
There has been minimal attempts to keep the subdivision looking clean and kempt. Exhorbitant landscaping fees, significant water costs due to damaged and leaking landscaping lines, lack of landscape maintenance, lack of proper pool maintenance - the list goes on and on. There has been no monitoring of contracts the BOD has entered into, therefore companies have performed at a subpar level if at all.
We're almost certain we're going to have to enter into litigation to resolve this. This developer and BOD have absolutely abandoned all but minimal responsibilities in relation to the subdivision. Before we spend money entering litigation, we'd like to get an idea of where we stand legally and what our chances of success will be in holding the developer and BOD accountable for the myriad of failures on their part.
Because we cannot get any kind of response from the BOD, is our best course of action to hire an attorney to pursue litigation? And what are our chances of success?
Thank you for any help you might be able to give.
In the 8 years since the inception of the HOA, the BOD has never held an annual meeting - ever. They do not hold board meetings, post financials, or respond to requests for meetings to discuss issues. Residents have repeatedly asked for annual meetings and that has been met with silence. Only recently have residents begun pushing for financial records and the new management company has provided some but there are a lot of questions about where HOA money has been spent.
There has been minimal attempts to keep the subdivision looking clean and kempt. Exhorbitant landscaping fees, significant water costs due to damaged and leaking landscaping lines, lack of landscape maintenance, lack of proper pool maintenance - the list goes on and on. There has been no monitoring of contracts the BOD has entered into, therefore companies have performed at a subpar level if at all.
We're almost certain we're going to have to enter into litigation to resolve this. This developer and BOD have absolutely abandoned all but minimal responsibilities in relation to the subdivision. Before we spend money entering litigation, we'd like to get an idea of where we stand legally and what our chances of success will be in holding the developer and BOD accountable for the myriad of failures on their part.
Because we cannot get any kind of response from the BOD, is our best course of action to hire an attorney to pursue litigation? And what are our chances of success?
Thank you for any help you might be able to give.
