HOA Abuse In Texas
Oak Creek Condo HOA – Arlington TX
First, thank you HOA board members and property managers who operate in your roles with INTEGRITY! This blog will share a personal experience from challenging the unjust actions of Board Members of Oak Creek Owners Association, Inc in Arlington TX, its property management company, Veracity, Inc in Plano TX and the Roberts, Markel, Weinberg, Butler, Hailey Law Office of TX. Valuable information will also be shared to empower you to know, protect and fight for your HOA rights in Texas. Members of homeowners associations, from the following personal account please be inspired. The views and opinions expressed here are those of the author and absolutely reflect the foundation of ethics that Love Investors was established on. We are not Attorneys. Please always seek professional, legal advice. Then get a 2nd and 3rd opinion. 🙂
My name is Christy D. Starling and this is my personal experience with a corrupt HOA board and property management company. My inspiration for this blog and “How To Fight Your HOA In TX” are the countless homeowners who have suffered loss of homes and severe emotional stress due to unscrupulous HOA Boards and deceitful property management companies. My goal is for you to know your HOA rights and understand the true power we all have when that power is activated. I was born a Life Champion for people’s rights so falling into a role of “HOA Warrior” has been one of life’s natural designs and I’m thankful for the opportunity. As the founder of Love Investors, my intention has been to set a standard of true fairness and transparency in the real estate business.
A few facts about me:
- former Air Force Reservist for 8 years, honorably discharged
- former employee of AT&T for 16 years
- proud union member for entire AT&T career who fought for the rights of myself and fellow co-workers
- I’m not a fighter by nature but one by circumstance
I’m sharing with you details of when Board Members of the Oak Creek HOA decided to file suit against me. And how their and Veracity Inc’s willful ignorance of the Texas Property Code led a civil court judge to agree with me. Please share and make your voice heard!
Board of Directors: Oak Creek HOA of Arlington TX
Kennon Armstrong – President
Lois Stewart – Burgess – Vice President
Bao Tran – Board Member (no title)
Gary Foster – Secretary
Tony Alagenchev aka Tihomir Alagenchev – Treasurer (Plaintiff witness and Dallas Firefighter. His occupation was noted in court documents so I feel it’s worth sharing here. Besides being the treasurer on the Oak Creek Board, he is also the owner of TM&F Lawn Services of Arlington TX and was awarded the contract to do landscaping services for the Oak Creek Condo complex.)
What led to Oak Creek Owners Association, Inc. vs Christy D. Starling???
In brief, Veracity Inc mailed a fine letter that stated my tenant had violated Oak Creek HOA rules by placing 2 boxes outside of a dumpster. The tenant denied any wrongdoing. My request for a hearing and video record of the violation were unlawfully denied by the Board. The property management company, Veracity Inc of Plano TX, for over 2 years sent fine and demand letters and threats of illegal foreclosure related to this offense until the Board of Oak Creek Association of Arlington, TX filed suit against me. My attorney attempted to settle this case long before the court date, I agreed to pay all VALID charges but refused to pay the unlawful and bogus fees that were being demanded. The Oak Creek Board declined my offer. 1 day before our court date, they attempted to settle but still demanded far MORE than I owed. I knew, just as they did, that the law was on my side. I respectfully declined and let the justice system settle our case.
Take-away from Oak Creek Owners Association, Inc. vs Christy D. Starling;
Presided by Arlington TX JP Judge Mary Tom Curnutt
My request for a hearing and video used by the HOA Board to assess a fine for a tenant’s improper trash disposal should NOT have been DENIED by the Oak Creek Board.
$4440.46. The amount Oak Creek HOA and Veracity Inc demanded in full, including bogus fees, to avoid foreclosure.
$1734! The amount Arlington TX Justice of the Peace Judge Mary Tom Cornutt determined was owed by me after reviewing all evidence and taking into account the laws of the Texas Property Code, which no unscrupulous HOA Board or corrupt property management can override with unlawful acts. (MY WORDS, not hers 🙂 ) Per Oak Creek’s Rules & Regulations, “In the event of a conflict between “Documents”, the hierarchy of authority is as follows: *TUCA (Texas Uniform Condominium Act), Declaration, Bylaws, and Rules and Regulations.”
HOA members, DO NOT fall for such trickery by unethical HOA Board Members and “untruthful” property management. I fought my Texas HOA and won and you can too! Know what your TX HOA rights are and fight for them! The Oak Creek Association, represented by Victor Bosnich of Veracity Inc, filed a lawsuit against me that was built on denying homeowner rights and due process. My belief is they actually thought I would forego my rights and give in to their unlawful demands. 🙂
For valuable info regarding action steps to fight for your HOA rights in TX, go to THE ULTIMATE HOA GUIDE.
Be inspired and consider being an advocate for HOA rights! From the National Homeowners Advocate Group here is another story of homeowners who beat their HOA in court… Share your experience in the comments below and get engaged! 🙂
P.S. Future chapters will share dishonorable mentions of background characters and the lessons learned from them along this journey. But other entire chapters, such as the next chapter, will be dedicated to exposing individuals and entities such as Oak Creek Treasurer Tony Alagenchev aka Tihomir Alagenchev, his company TM&F Lawns of Arlington TX and its landscaping scam.