Livingston, TX asked in Real Estate Law for Texas

Q: TCP 209.0057 what is a legit estimate of a POA of less than 2500 property owners to charge for a recount?

Our POA refused to produce the documents of TBC 22.158 prior to voting in the latest election on 5/11/2024. They also refuse to produce any documents even when properly requested through certified mail. Home owners are met with harassment and extra fees. A group of property owners want a recount of the current elections. But, we are afraid we will be met with an astronomical amount to pay before it can occur. We live in a county with less than 50,000 people and not adjacent to a county with 2.8 million people or more.

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1 Lawyer Answer
John Cucci Jr.
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A: You are in a tough spot.

However, you have rights, by TX law, and by the by-laws and rules of the Association. Which can be attacked or dissolved, if you were to garner enough homeowner votes.

One way to gain some leverage is to sue the association for their actions that are not complying with the by-laws or rules. You can all share the legal costs if you act as a group. In the end, you will either have to accept what the POA has decided, or get the court involved to get them in check, regardless of the disputed issues.

I hope this helps. Get a good lawyer and get after the POA.

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