Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Our HOA 5 member Board called a special meeting to pass a…

Customer Question
Our HOA 5 member Board...
Our HOA 5 member Board called a special meeting to pass a $175,000.00 pool renovation project, 5 days before a regularly scheduled annual meeting to elect 3 new Board members. During the last year, property owners turned out in mass to question and protest the previous Board's actions. They announced in an blast scarily 48 hours prior to the meeting, went in to Executive Session for an hour and a half to discuss, came out and voted with no community input until after they voted to go forward. No one saw the project contract or the bank loan documents except the Board and Chaparral Management until it was completed. The property owners would like to know what their choices are. Thank you in advance.
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 14 minutes by:
2/2/2016
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,955
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What do the bylaws state about notice of meetings and did they follow the bylaws procedure? Executive session is not legal for deciding an assessment in Texas. Texas Code(###) ###-####states in pertinent part:
"Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the property owners' association's attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the board. Following an executive session, any decision made in the executive session must be summarized orally and placed in the minutes, in general terms, without breaching the privacy of individual owners, violating any privilege, or disclosing information that was to remain confidential at the request of the affected parties."
They cannot go and pass an assessment in closed executive session, it must be in an open meeting.
If they did not follow the bylaws or the open meeting laws, the owners can file a petition for declaratory judgment in the court and get the court to invalidate the assessment and any improper actions taken in the closed session. The law also says they cannot pass any special assessment except at an open meeting with minimum 72 hour notice. So the actions of the board in closed session were improper.
So, the owner's next step is to obtain an attorney, because this action requires legal representation, and file suit against the board/association in court to have the assessment invalidated as it was not properly passed. The owners can also seek damages personally from each of the board members for the cost of going to court to invalidate their actions if the new board will not invalidate the action in a board meeting for that purpose.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 126,955
126,955 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am a member and former director of a townhome HOA in
I am a member and former director of a townhome HOA in Texas. As I understand it, the Board can only conduct business at a regularly scheduled open session Board meeting, a specially called open Board… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
This question relates to a Florida HOA Board member possibly
This question relates to a Florida HOA Board member possibly being voted out of the Presidents position due to a handful of owners that dislike the color selection for pool deck furniture (hard to bel… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,955 satisfied customers
My Home Owners Association located in Missouri City Texas is
My Home Owners Association located in Missouri City Texas is utilizing an electronic sign to display information about the upcoming annual members meeting where we will vote on vacant board positions.… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
New Jersey - Management in HOA has given notice today at 5pm
New Jersey - Management in HOA has given notice today at 5pm that midnight doorman shift has been eliminated effective 8/1 Monday. Is this notice sufficient? I have been an owner since 2006 and bought… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,373 satisfied customers
Our HOA board has appointed a nominating committee November
Our HOA board has appointed a nominating committee November 15, 2015 to select names for our January 2016 board election. We live in Georgia and our bylaws states the following: Nomination. Nomination… read more
MIAMILAW1127
MIAMILAW1127
Partner
Juris Doctorate
680 satisfied customers
What is the maximum amount of our Annual Budget can the Board
What is the maximum amount of our Annual Budget can the Board spend on Capital Improvements in our condo association in California without a Membership vote? Our Bylaws say up to 10% of our Annual Bud… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Can the board spend condo money on large cosmetic project to
Can the board spend condo money on large cosmetic project to pool without majority vote by homeowners? Miami Florida… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Im in an HOA that when we moved in we were allowed to have
I'm in an HOA that when we moved in we were allowed to have a fence. I have my fence along with one other neighbor which was grandfathered in by the board. Since then the board voted not to allow fenc… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,404 satisfied customers
I am on a Election Board Committee and questioning the use
I am on a Election Board Committee and questioning the use of Proxy Ballots. In the Texas State HOA Law Rules it says to elect a civic board you must hold an election at a Annual Meeting at a "Voting … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
Regarding HOA in Texas Two positions on our HOA board were
Regarding HOA in Texas Two positions on our HOA board were up for election in October 2012. Quorum was established, voting was held at October meeting, Votes were counted by two community members and … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I belong to a Property Owners Association. Those of us who
I belong to a Property Owners Association. Those of us who live in the community pay a monthly fee. Undeveloped property pays a lower monthly fee but has an equal vote. Previous attempts to raise the … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Is a Homeowners Association in Virginia permitted to hold
Is a Homeowner's Association in Virginia permitted to hold a private Board of Director's meeting to discuss a dispute between two named homeowners, or must all homeowners be invited and allowed to sit… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am an co-owner of a 14 unit condominium complex. Last year
I am an co-owner of a 14 unit condominium complex. Last year at our annual meeting, we voted on a painting project, which included the contractor as well as the paint colors which were to be utilized.… read more
A-LEGAL-MIND
A-LEGAL-MIND
Attorney
Doctoral Degree
142 satisfied customers
I am an owner in a Homeowners Association in Hawaii. Our Board
I am an owner in a Homeowners Association in Hawaii. Our Board of Directors has adopted the technique of debating and voting on all issues in executive session. I looked up Hawaii Revised Statutes and… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
In our small 23 unit Arizona Condominium our HOA CC&Rs states
In our small 23 unit Arizona Condominium our HOA CC&R's states an "audited financial statement". The same property manager has had full reign for 10 years. The president for the past 5 years asks her … read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
My HOA just held an annual election to elect a new member to
My HOA just held an annual election to elect a new member to the board of directors. They sent out the notice of the meeting giving the ten days of notice required but did not notify the developer who… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Several members in my community are complaining about our HOA.
Several members in my community are complaining about our HOA. They have increased our rates from $980 yearly to almost $1700 yearly within 5 years. The only services we are receiving is garbage pick,… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
My husband and I own a home in Sussex County, DE and pay yearly
My husband and I own a home in Sussex County, DE and pay yearly fees to cover the cost of garbage collection, street repairs, and other community-related expenses that may arise. The past several year… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x