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There is a HOA president in our neighborhood that is not…

There is a HOA...

There is a HOA president in our neighborhood that is not working on all of the homeowners behalf, rather she has her own agenda. The original president sold and moved out of the neighborhood and appointed a new president. The new president has stepped down and appointed the current president. This president holds the treasury office as well. Can she do that? We did not vote her into this office and several homeowners feel like she is not working for us but against us. Can we hold a forum (meeting) to vote on new board members since all of the offices were not voted on and how should we go about this?

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?

Paperwork for our association?

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

I have requested a couple of meetings with the president and have been told she will see when she can make time. She contends she is a volunteer but is being paid a small amount by the HOA. The most recent issue is that she says she had mailed a certified letter to me and I had already resolved the issue. She then forced me to pay 10 dollars for the certified letter the only cost her $3.25. I had to pay this before I could vote on any issues in our HOA. I never received this so called letter, but paid for it. I requested from her the unopened letter so I could have it tracked with our local post office. She refused to let me have it for my records because she says I refused the letter. I have always maintained I never received it. This was back on 9-5-17 when she says she mailed it. The post office just received it back she says almost 5 weeks later. Certified mail has to be signed for by the US post office. She is contending that I revived this letter and then put it back in the mail to be sent back. Again I still have not received the original letter. The tracking she gave me was for yesterday's visit to the post office. Please help.

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Answered in 2 minutes by:
10/25/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,823
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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You need to look at your HOA bylaws, since they would have the process to remove any board member. Also, it is possible under those bylaws she was never even properly appointed. Generally, under the law there is no law preventing a president from also being treasurer and that is something you need to also find in your bylaws.

Most bylaws allow for removal of board members by 2/3 vote of members at a meeting called specifically for that purpose with proper notice to the members. So you need to look at your bylaws, send out notice as required in the bylaws and call for a meeting to remove her.

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.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,823
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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