Spring, TX asked in Real Estate Law for Texas

Q: There has never been an open HOA meeting and this year we were hit with an increase and special assessment - can they?

New developer took over the community and according to records they purchased 71 lots in 2016 now they are saying they took over a poor HOA and now hitting the new homeowners with an increase and special assessments.

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1 Lawyer Answer

A: Sorry about your problem. The way you should proceed now is to get a copy of the HOA bylaws and/or rules. They should have language in there that covers Notice rules, Meeting rules, and other matters concerning the board of directors or executive positions on the HOA, and how that is done. Once you have the rules, you should see a lawyer like myself who has experience with litigating HOA issues.

If no lawyer, you still need the Bylaws so you know how to proceed. There is probably language in the Bylaws that states the rules regarding HOA fees and increases. If the Bylaws are silent on board of directors or executive positions, you would want to see what restrictions and obligations "run with the land." It would have been filed around the same time as the plat and deeds that created the subdivision. It can be complicated. You never know, this might become an opportunity for all of the homeowners to "take over" or claim latches or some other legal claim that stops the contractor from charging you, etc.

Go Get 'em!

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