WHY THE HUNTINGTON VILLAGE BOARD CANNOT ANSWER YOUR QUESTIONS

BOARD PROPOSES 11TH HOUR ASSOCIATION BYLAWS AMENDMENTS TO VALIDATE THEIR CURRENT VIOLATIONS

One may be asking at this point, what is wrong with amending the bylaws and why is the board calling those who ran for office "MEMBERS NOT IN GOOD STANDING". 

HV's recorded deed restrictions call for a maximum limit of $96/year and has never been amended. (Amending the Deed Restrictions require a 75% lot owner vote) In 1984, a special provision was made allowing for a "special assessment" increase of 50% or $144 for that year alone. During the years following, the board, in violation of our governing documents decided to continue billing the $144 annual assessment under the "fraudulent guise" that a vote had been taken and "they needed the money".  A vote had indeed been taken, but a "Special Assessment" election is only allowed for one year and does not constitute an amendment to our Deed Restrictions. 

Over the years, several homeowners have attempted to require the board to honor the existing recorded deed restrictions and either ratify the increase with a 75% affirmative vote of the community or return to the maximum figure allowed by law in our governing documents. In most cases those homeowners were viciously attacked financially and were forced drop the suit. Their case was good and right was on their side, but they were now broke and could no longer continue to pay their private lawyer. (It requires over $50,000 to convince a law firm to accept this case against their peers even when they know you are right)  In 1995 this issue again surfaced by an elected Board Member. That Board Member was forced from the board, but the correspondence continued 

In 1997, several HV Homeowners submitted the annual Maintenance Assessment of $144 billed in two checks. (One for the Recorded $96 and One for the "questionable" Balance of $48) along with a letter requesting proof that the $144 is the legitimate amount to be tendered. Those checks were not only returned, but late fees were then attempted to be assessed. After resubmitting the checks, they were again returned dishonored. In 1998, the same procedures were followed, but this time at the request of the HV homeowners,  the Texas Attorney General joined in asking the HV Board of Directors the very same questions. The Board President did respond to the Attorney General in writing with the admission that  ".....No Documents Exist to Legitimize the Increase....." 

The HV Board did respond to the Homeowners, but not by communication.  THE HV BOARD'S ATTORNEY RESPONDED BY FILING LIENS ON THE HOMEOWNERS' PROPERTY.   Under the advice of the Texas Attorney General, the HV Homeowners were forced to now seek the civil relief of the courts and filed suit before non judicial foreclosure could be obtained.  The Homeowners were asking for communication and answers to legitimate questions and received instead threatened foreclosure. At least one lawsuit will go to the jury in October, 2000. This case is scheduled for Trial in Late 2000 and rumor has it that the facts are not on the side of the HV Board of Directors.

SUMMARY

When we purchase a home in a community with a Homeowners' Association, many of us unknowingly enter into a contract. That contract is bi-lateral, meaning if we pay our fair share, we can expect those we elect to protect our assets; to operate under the same contract we have agreed to abide by.  When those we elect choose to unilaterally change the rules without our knowledge, they are committing a breach of our trust and of their fiduciary responsibility. Texas Law has a word for this action.

For those who may think this issue is about money, nothing could be further from the truth. This issue is not about money. Forty-Eight Dollars is not the issue in question. What is at stake is our community and our faith in the character of those we appoint to protect it. If an elected board cannot operate within the provisions of our governing documents and must cover it up using our own lawyer and our money against us when $48 is in question, then how long will it take to make that figure $480? ..... or $4800?  What is Your Stopping Point?  When will YOU say ENOUGH is ENOUGH!

To Speak The Truth

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