How To Fight Your HOA In TX
#1 Know Your HOA Rights In TX
Love Investors and the National Homeowners Advocate Group have partnered to serve as resources when “fighting your HOA” due to unethical HOA Board members and property management. We would also like to stress that your situation is not necessarily about the “fight”, but more so being EMPOWERED by knowing your HOA rights in Texas. This page will deliver useful info and resources in a manner that is clear and factual. For the more opinionated, nitty-gritty, and valuable first-hand experience of Love Investors founder, Christy D. Starling, please go here. Love Investors, the National Homeowners Advocate Group, nor its representatives, are attorneys. Please always seek professional advice. Then get a 2nd and 3rd opinion. 🙂
Catch up with how it all started, Chapter 1, Chapter 2, Chapter 3, Chapter 4, The Ultimate HOA Guide.
If you find this site helpful, please share it with others as a stepping stone to take action against bully HOA Boards and questionable property management practices. We highly encourage you to share your experiences, report abuses, become an HOA rights advocate and get involved where you can. “But their strength is the strength of numbers and of stubbornness and persistence; DO NOT underestimate it.” Author Robin McKinley
Major Take-Away From: Oak Creek Owners Association, Inc vs Christy D. Starling;
Presided by Arlington TX JP Judge Mary Tom Curnutt
HOA Members have the right to receive VIDEO records with reasonable requests to their Association or Managing Agent. (Stand up for your rights. Keep reading to see real examples of unlawful and underhanded tactics used by Oak Creek HOA Board Members and Veracity Inc property management.)
Major argument made by Defense:
- Texas Uniform Condominium Act (TUCA) Sec 82.114 ASSOCIATION RECORDS. (a) “The association shall keep:” (b) “All financial and other records of the association shall be reasonably available at its registered office or its principal office in this state for examination by a unit owner and the owner’s agents.”
Important Tips to Avoid Being Taken Advantage of By An Abusive HOA Board & Underhanded Property Management Company:
- DOCUMENT & SAVE ALL communication and correspondence. Keep letters , emails, faxes, text messages, and record phone calls where legal. Texas is a “one-party consent” state, meaning only ONE party in a recorded conversation has to consent. Please check the applicable laws of your state or the one you’re calling to.
- Know what your Texas HOA rights are by law! Read and get an understanding of the Texas Property Codes, CC&R’s (Convenants, Conditions & Restrictions), By-Laws, and HOA Rules & Regulations. For condo associations, check out the Texas Condominium Act Ch. 81 & Texas Uniform Condominium Act Ch. 82. Go here for the Texas Residential Property Owners Protection Act Ch. 209.
- Get familiar with debt collection laws. The Texas Debt Collection Act, Federal Debt Collection Practices Act (FDCPA) and Texas Third Party Collections spell out Do’s and Don’ts for debt collectors.
- Organize! Talk to your neighbors and get connected with the Nextdoor app. Chances are, you are NOT THE FIRST or only homeowner to experience HOA abuse of power by your Board members. Go to your HOA meetings. Come up with an action plan to remove unscrupulous HOA Board members and property managers that don’t know the law or intentionally side-step it. Run for office so that you and your neighbors can make the community friendly decisions. As board members, you can control where the money is going and make sure that your neighbors stay in the loop through effective communication tools.
- Be patient and civil. Give your HOA Board and property management company a chance to right their wrongs. If you have exhausted all means to resolve your HOA issue before litigation but are still faced with unjust actions, then you may have a reason to sue your HOA.
- Go to THE ULTIMATE HOA GUIDE on how to fight your HOA in Texas, where we share detailed & simple steps, agencies to file complaints with, and template letters to write your HOA board, property manager, and attorney.
Keep reading to see how the Love Investors founder fought HOA abuse and won her civil court case against the Board of Directors at 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 Oak Creek landscape contractor/owner of TM&F Lawn Services, 2131 N Collins, Ste 433332 Arlington TX 76011, 903-812-2010 (Plaintiff Witness in Oak Creek Owners Association, Inc vs Christy D. Starling)
Veracity Inc Property Management, 5204 Village Creek Dr, Plano TX 75093, 214-368-3388:
Victor Bosnich aka Vic Bosnich – owner/operator of Veracity Inc, (Plaintiff Witness in Oak Creek Owners Association, Inc vs Christy D. Starling)
Lori Welsh aka Lori Renee Bosnich-Welsh – Veracity Inc property manager for Oak Creek HOA (Plaintiff Witness in Oak Creek Owners Association, Inc vs Christy D. Starling)
Nicole Foley – Veracity Inc Property Manager
Julie Pfullmann – Veracity Inc Receptionist
Read Christy’s personal account as she exposes HOA corruption & abuse, property management fraud, and dirty tricks used by unethical board members.