Welcome to our blog. Check back here from time to time for our thoughts on neighborhood issues and matters. If you have any questions or comments, please feel free to send an e-mail to us at nrcsa@swbell.net. Comments and questions are welcomed, but will not necessarily be posted online and may not receive a reply. Please read the disclaimer at the bottom of the webpage.
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How Long is too Long?
Property owner associations often spend a considerable amount of time trying to get their members to comply with their obligations (both assessment delinquencies and deed violations) before deciding to go to court. This approach is well-advised for several reasons.
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If you build it, they will complain
Q: I did not have enough storage space in my house, so I bought a nifty storage shed and put it up in my backyard. Today I got a letter from the homeowner’s association telling me that I have to take it out or submit an improvement. Do they have the right to tell me that I have to remove my storage shed or ask their permission?
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Handling Mortgage Foreclosures
As an attorney that does assessment collection work, I often have questions from association managers and board members regarding the consequences of mortgage foreclosures for their association. Some of the more common issues are discussed here.
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Disclosing the Unspeakable
In my practice I have had several clients ask what they can and should say when they discover that a person with a history of criminal convictions for sex offenses moves into a community. The questions asked include whether the association must disclose the presence of known sex offenders, what liability exists if it does not, whether it can disclose them if they are not required to, and what the liabilities are if they do. These questions come up more and more frequently as criminal histories and sex offender databases become more available to the public. So, what must you say, and what can you say?
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A Car Crashed into What?
Around the holidays there are frequently motor vehicle accidents causing damage to property owners' associations' common areas, such as gates, walls and light poles. A common legal question is what can be done about the damage. There are several avenues available. The more common are discussed here.
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Let Me In!
I am often confronted with amazement when I tell people that property owners' association board meetings are not required to be open, either to the public or the membership of the association. "How can that be?", I am asked – how can a board violate the Texas Open Meetings Act? The answer is simple:
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Who Let the Dogs Out?
A recurring issue in my practice representing property owners' associations is dogs that get out and related liability concerns. Does an association have a duty to protect people from animals? It might. Knowing when the duty exists is the first step toward fulfilling it when required. If you don't know
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No One Told Me That!
Too often property owners in Texas are surprised to learn that they have purchased real estate subject to membership in a homeowners’ association, including mandatory assessments, use restrictions and building approval requirements. “No one told me that” is a remark frequently heard by those dealing with new home buyers. By the time you buy, you should know about these things from a number of different sources.
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What is a Neighborhood?
When was the last time you took a moment to reflect on what a neighborhood really is?
There is the standard dictionary definition: 1. a particular community, district or area; 2. the people living near one another. I like the second definition.
For sociologists, however, there are more complex definitions. Broadly, neighborhoods are local communities. The professional literature defines several local communities including but not limited to (1) the defended neighborhood; (2) the community of limited liability; (3) the expanded community of limited liability and (4) the contrived or conscious community.
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Strategies to Improve Member Participation
• Initiate and Maintain Personal Contact and Visibility :
o Make sure the association is listed with the COSA planning dept.
o Contact your city representatives and resources
o Partner with schools for art contests, prize giveaways, etc.
o Present donation to blue santa project
o Request a Dial-a-trailer and have board members there to provide juice/coffee
• Fundraisers and Social Events
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Successful Strategies for Improving Membership Recruitment
• Regular Meetings
o Start with 2-3 regularly scheduled meetings to establish meeting dates and times
o Publish meeting times in newsletters, local papers, etc.
o Keep meetings on the same day and time schedule
o Avoid problem months such as December, Fiesta, etc
o Post signs visible from the street and at the entrances to meeting place
o Follow an agenda to stay on task and conclude on time
o Give away donated door prizes
• Issues
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Representing Your Organization
Who can represent the association?
Ordinarily the Board of Directors and the officers (who are usually Board members) are the authorized representatives. The President is usually the one person authorized as representative for general matters. Sometimes the Association has committees, such as an Architectural Control Committee, whose members also are granted authority in certain areas. To be sure, check your Declaration and your Bylaws.
Do I need permission to speak for our association?
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Ten Ways to Kill an Association
- Don’t come to the meetings.
- If you do come, come late.
- If the weather doesn’t suit you, don’t come.
- If you attend a meeting, find fault with the work of the officers and other members.
- Never accept an office since its easier to criticize than do.
- Never the less, get upset if you are not appointed to a committee. If you are
Disclaimer: This blog is intended for general information purposes only. The Neighborhood Resource Center does not dispense legal or professional advice and has not undertaken to assure this material matches the facts that may exist in every situation. It is strongly recommended that you check with a private attorney or other expert professional of your choosing for guidance about how this information applies to your particular circumstance. |
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