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I am currently a director of an HOA and the BOD and current…

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Hello, I am currently...

Hello, I am currently a director of an HOA and the BOD and current manager have been working with are continually making violations. Recently the BOD and manager excluded two directors from a special invitation to the BOD meeting. We actually said we don't know what this is about. We have been ignored and the manager stated he made that decision to exclude us. Also at the last BOD meeting two of us had to be conferenced in, the calls kept getting dropped, many interruptions and during the meeting, we said we couldn't hear. After the meetings said we couldn't hear and on the minutes on many votes it said the two directors abstained from the votes. After looking at the HOA Texas state laws. These are all clear violations. I keep getting ignored, and just insulted by the other directors. I personally feel that the president who I see has 7 current violations and planned to do this for personal gain. I am looking to see what I can do. Michelle Inauen

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Texas

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am not sure, but I feel like I have a lot to say.

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 10 minutes by:
9/15/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 9 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,292
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.

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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 9 months ago

Not only is this conduct a violation of your bylaws, it is a violation of the Open Meetings laws as you have found out. The first step is filing a complaint to the Texas Attorney General for violation of the open meetings laws. If the AG cannot resolve this issue, you and any other board member who has been improperly excluded, has a right to sue the Board and Manager on behalf of the association using a local attorney to do so. Since they violated your rights and also the laws, you can seek personal damages from each of the violating board members and the manager as well as a court order forcing them to comply with the laws.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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