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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55314
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I bought a home from a developer in 2012. at that time the

Customer Question

i bought a home from a developer in 2012. at that time the developer controlled the board. In Jan 2015 the developer turned over the HOA to an elected board of homeowner. the new board has threatened homeowners who do not have ARC approvals on landscaping to be fined. the developers management company approved landscaping changes, and other arch changes prior to the new board. Your comments thanx
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
The new board cannot now take any action against you for actions that were approved by a prior board. These actions were approved at the time and the new board cannot retroactively take any action against you. In your situation, I would inform the board of the foregoing and let them know if they take any action against you, including any attempt to fine you, you will be filing suit against them seeking not only an injunction preventing them from taking any action against you, but also asking the court to award you actual and punitive damages against the board and the individual members for acting in bad faith and an arbitrary and capricious manner.
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