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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42835
Experience:  Texas Attorney for 30 years dealing in real estate
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The HOA board were I live has decided to purchase the

Customer Question

The HOA board were I live has decided to purchase the outstanding balance of vinyl siding and to place it in storage in case of any future damage to some of the units (only some of the units use this siding). All the units in this HOA are stand-alone homes (villa’s).
The covenants state “The Villaminium Association shall not be responsible for the repair and maintenance of the roof and exterior portion of the dwelling”.
It also states “It is the sole responsibility of the Owner to maintain the painting, staining and replacement of siding”.
My question is: Does the BOD have the right to use HOA funds to become suppliers of building material that will only benefit a few homeowners (discrimination)
Oh, by the way, in the notice that they sent out about this purchase they have informed us that the will sell this material to us at a cost of (so much) per foot.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today. You raise a valid issue that this is not a proper appropriation of HOA funds.You can seek a vote on this action assserting that this is not the legal responsibility of the HOA.You would have to file a civil suit here if this as an itme duly adopted by the HOA.

But you have valid issues to raise here to the HOA threatening suit if they proceed here with such a purchase.You may have to get members together to file a civil suit to seek to force them to void the purchase as a misuse of funds based on the language you cite.

HOAs get sued alot for just these kind of decisions , unfortunately there is no governmental enforcement of HOAs here, the courts are the police for them.You can try a threatening letter, a suit is the next recourse.

I appreciate the chance to help you today.
Thanks again and good luck.