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 your homeowner rights against HOA abuse 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.
Catch up with how it all started, Chapter 1, Chapter 2, Chapter 3, Chapter 4, The Ultimate HOA Guide.
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. Make your voice heard!
Board of Directors: Oak Creek HOA of Arlington TX
Kennon Lee Armstrong aka Kennon Lee Howard – President
Lois Ann Burgess aka Lois Ann Stewart – Vice President
Bao Tran aka Dr. Bao Ngoc Tran – Board Member At Large
Gary Lee Foster aka Gary Lee Majors – Secretary
Tony Alagenchev aka Tihomir Georgiev 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 against HOA abuse 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. 🙂
Are you willing to take a stand against HOA abuse in Texas??? 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.
We Recently moved in The Cascades Lake Towers in Tyler Texas managed by Worthross Management Co. and the most unscrupulous HOA Board I have ever had the displeasure of conducting business.
We have lived in our Condo for 6 months and have been harassed to no end. When we bring up the disputes they manipulate the words to make it seem as though we are in the wrong.
Seldom do they actually address the issues they pass over the requests for assistance. Please do not ask for the maintenance crew to conduct actual maintenance, that is not what they are there for, so we have been told.
Here’s the kicker “WE ARE NOT ALLOWED TO SPEAK AT THE BOARD MEETINGS” we are told. The meeting is just for the Board to report how they are going to spend our money. We are suppose to sit, smile and look pretty.
Toni, it sounds like you’re dealing with MASTER MANIPULATORS which is typical with bully HOA boards. Make it a point to ask your neighbors if they’re experiencing the same harassment…more than likely you’re not the only one. Organize and replace the bad apples. Feel free to contact me anytime.
Wow, I wish I had found this information and law firm sooner! I’ve been harassed, targeted and discriminated against for last four years since I’ve bought & lived in this HOA neighborhood.
Hi Linda. Hopefully you’re pushing back against such treatment. Don’t give up.
Christy – I would love to know if you represented yourself in this dispute or hired an attorney. I have an ongoing issue with my HOA and the billing practice of post to rears and charging association handling fees twice the amount to the HOA assessment, making it extremely difficult for a homeowner to catch up if they have become behind on assessment payment. I’ve made an equitable settlement offer (covering all assessments, collection, filing and atty fees; excluding the late & handling fees) to the HOA’s Atty (the same law firm you were dealing with), but the HOA has denied the settlement. I’m at the point where I must decide to pay thousands of extra dollars in settlement or go to court to protect my home. Thanks.
Hi, TTelle. I hired an attorney to represent me. He filed necessary court docs, attended the pre-trial hearing and made initial arguments. He helped me tremendously at the start of retaining his services…guided me in the right direction and did all of the front leg work. But please know that I did most, if not all of the research (not to toot my horn) for the actual court date before JP Judge Mary Tom Curnutt of Arlington TX. My suggestion is even if you decide to have representation, do the research yourself so you and your representative are on the same page…and if not, you can pick up where they fall off.
By the way, have you written reviews or knocked on doors to see if your neighbors are going through the same???
We need an HOA/POA atty recommendation please?
http://www.loveinvestors.com/how-to-hire-an-hoa-attorney-in-texas
Please refer this case to one of your friends attorney firm if you are not interested!! Insurance company fraud and COA fraud I am looking to transfer this case DC-19-13360 to a new attorney. There are many more causes of actions (totaling around $5,000,000) arising out of the initial $500,000 water damage claim caused by condominium association leaking roof general common element causing water damage to penthouse. There have been several lawsuits against preston towers condominium association . The last case earned the attorneys $100,000 in fees. Estimated in fees on this case in the first round are $200,000-$400,000. There are several insurance companies with deep pockets with two more that can be pulled in – D & O insurance and E & O insurance) The COA has lost or settled every case! There is also a multimillion dollar class action suit arising out of this case for the insurance company setting up a fraudulent scheme with a shell third party adjuster firm whose sole purpose is to deny claims. Estimated attorney fees on this second round is $2,000,000 -$12,000,000.
I need help to fight back HOA for my right they’ve been abused me since the day one I bought my home.
Glad i found this. Hoa in houston telling me that for a townhome i need to cover it like a single family. i know this can not be true.
Where can i read about this? Which statute addresses this? ty
Hi Deb. I don’t know of any statute that applies. The type of insurance may depend on your type of ownership. Do you have divided interest in common elements? Do you own the land? What do your governing documents say? Your insurance provider may be able to give some insight also.
My community is Pine Harbor at Lake O’ The Pines in East Texas. What do you do when a HOA has given up on the community, won’t enforce Covenants Conditions and Restrictions (CC&Rs)? Rampant drugs, Litter on road side, litter in yards, house hold appliances and other discarded material and equipment in multiple yards, junky appearance of multiple properties, shoddy fencing to partially hide property owner junk, multiple shack/shanty/homeless development style out buildings on multiple properties, partially disassembled vehicles parked on right of way, multiple road going vehicles without license plates, primary dwellings resembling shacks (code enforcement should be called on these places), what looks to be more than one homeless camp in the woods, speeding/racing throughout the neighborhood, multiple loose dogs, multiple overgrown properties.
I try to organize and folks suspect ulterior motives and are apathetic. They have 20+ years of a steady decline to back up their apathy.
Meanwhile, the HOA gets dues from those who will pay. Currently there is an estimated $2M in back dues from years of not paying.
Hi Thomas. Sounds like there’s much room for improvement in your community and it needs owners who want to make a difference. Have you reported the “rampant drugs” to the police/sheriff or the dangerous dwellings to code enforcement?
Is Pine Harbor self-managed? Have you thought about running for a board position? Every owner should know what your ideas are for the community. Have you sent letters to the homeowners? Or had meetings with others that share the same concerns?
20 years of neglect? Inconsistent collection of dues? If the homeowners have no desire or vision to turn the HOA around, maybe consider dissolving it altogether.
My house in Bonterra of Woodforest has great propensity to flood due to construction failures / code violations at what was to be the house at the top of this challenge hill.
The Bonterra At Woodforest Community Association has issued a letter via an attorney dictating that I remove every flood Prevention required here – and return this front yard to original builder design. That design nearly caused flooding here during a fast and wind-driven 2 – 3” rain event due to every front roof moving water as if through a funnel – toward these front doors.
How can an HOA have any authority to force a person to ever flood.
I’m only a renter and therefore have zero control over anything. The HOA is constantly brought up on our neighborhood page where other tenants and owners complain. Of course board members are also on this page. I’ve constantly been harassed since living here. I put a bamboo shade on my balcony, it was a violation. I had a portable ac unit vent in one window of my garage so that my disabled daughter could do PT with her therapist in there without dying from texas heat. I even got a doctors note they denied. A car with expired tags parked on the street in-between my home and neighbors home, I get a notice. (Don’t know who it belonged to)
Now since posting a review with a photo of the neighborhood entrance and the high grass that we of course would get a notice about, they just sent a violation about a screen on my garage door that’s been there for 6 months. I know for a FACT they take money and put 0 of it into this neighborhood. There is no park, no pool, no trail nothing no neighborhood celebrations… I’m at a loss and I can’t deal with it anymore.
Hi Angele. I’m curious to know if your landlord is assisting to resolve these matters? Check this out…
Christy, the HOA is only following some bylaws and covenants but not others. We feel targeted. Basically we can’t park on the public street, but visitors can for 12 hours… or a stranger up to 48 hours if following local laws. The rules state that people can’t even park on the driveway… The board members park on their driveway. So basically they need to change the whole rules and not pick and choose. fair is fair. What can I do?
Hi Cris. Please check your email.
My HOA board is selectively enforcing restrictions. And board and ACC members have & continue to violate restrictions with impunity. I recently played their game, submiitted an application which was denied but only after I removed some trees & leveled the site. Another owner built a garage and violated setback lines in June without receiving approval. Lawyer to help?
Hi James. Check out http://www.loveinvestors.com/how-to-hire-an-hoa-attorney-in-texas