How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5654
Experience:  28 years of experience in general practice, real estate law and estate law.
68197583
Type Your Real Estate Law Question Here...
Attyadvisor is online now
A new question is answered every 9 seconds

Is a late fee valid that is not in the recorded by-laws or

Customer Question

Is a late fee valid that is not in the recorded by-laws or recorded declaration of covenants of a home owners association in texas.
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 3 years ago.
Hello and thank you for your question. Let me make sure I understand. The Association voted on an amendment that has not been recorded?
Customer: replied 3 years ago.

Yes.

Customer: replied 3 years ago.

Yes, in fact, this was done at a closed board meeting.

Expert:  Attyadvisor replied 3 years ago.
It is possible that if the HOA failed to record the amendment it may be invalid. The Home owners did not vote on the amendment? Can you tell me the what the Bylaws state regarding when an amendment must be recorded?
Customer: replied 3 years ago.

"These By-Laws may be altered, amended or repealed by the affirmative vote of 75% of the full membership at any annual or regular meeting, or at any special meeting if notice of proposed amendment be contained in the notice of said special meeting."

Expert:  Attyadvisor replied 3 years ago.

That tells me that they can only be amended by a vote a 75% of the full membership at a regular or special meeting that is noticed and placed on the agenda properly. This is pretty standard language in most associations.

If the meeting was not noticed properly and there was not an affirmative vote of 75% of the full membership the amendment is not valid.

Who voted if this was a closed meeting?

Customer: replied 3 years ago.

This is not helpful. The late fee was not an amendment.

Expert:  Attyadvisor replied 3 years ago.

I am sorry maybe I misunderstood you. I thought you stated that a late fee was added without an open or special meeting and the late was not recorded?

Is a late fee valid that is not in the recorded by-laws or recorded declaration of covenants of a home owners association in texas. This is not your question?

 

Late fees can be added to the rules and regulations at any time after the initial recording if they are voted on properly and are recorded as an amendment to the rules. Anything that changes the rules is called an amendment.

Related Real Estate Law Questions