"spite" 
malicious ill will prompting an urge to hurt or humiliate

An ongoing and frequent tactic being used the last few years by the association board officers is the withholding of your annual assessment check or checks. This remains another abuse and a vicious violation of board director authority implemented on the seemingly powerless member/homeowner.

How does it happen? First, a homeowner will usually question some issue relative to the authority of the board, or address even a single board officer as to his/her possible violation of the deed restrictions or by-laws. This scenario usually and often will surround and issue such as why the board officer or officers do not adhere to the same rules they enforce on member/homeowners. After a member questions the board or individual directors, they will often find themselves harassed  for months as being ‘troublemakers’ to be put in their proper place.

There are several ways this conduct from the board can unfold. A member’s timely payment of assessment checks may be held, not cashed, as to make the member appear to be delinquent. The member is then billed and harassed for late charges and/or legal fees. Unfortunately, most members at this point will usually comply without question as to the board’s actions. Part of the members' apathy in the first place is to naturally pay up quietly in order to live in peace free from confrontation with "authority". The board’s end result is added revenue and a power-wielding satisfaction that serves to discourage other potentially like minded members from even considering the possible "meddling" in the boards' affairs or watch-dogging "their" internal or personal actions.

If a member attaches a protest or letter of dispute with the annual payment, the board becomes even more aggressive in its responses. The board may use its lawyer to send an intimidation letter to quickly frighten the homeowner into early and rapid submission before the policy of anyone disputing or questioning authority can spread to others. Board Members have a history of declaring that the receipt of the annual assessment check is under ‘terms not acceptable to the board’. This deliberate tactic can then produce the outward appearance of making the protesting homeowner think he is delinquent in his annual assessment. If this works, it allows the board to accomplish two missions;

In many cases the check may be returned to the homeowner in order to cause it to become delinquent.

How bad is it? These actions are all well thought-out by the directors since they have already been here before. The bottom line is they know the typical member will not usually mail the annual assessment payment certified or in a manner proving timely acceptance. The Directors can then claim the check was lost, therefore not received in a timely manner. Later, it unexpectedly arrives, but is now subject to late charges especially if the homeowner has threatened  justifiable litigation for breach of duty. The Board Members unfortunately can thrive on deception, and may destroy the postmarked envelope. If not destroyed, the postmarked envelope could and would be incriminating evidence to counter their claim for imposing late charges and legal fees to the "member troublemaker". They usually will choose to use the non-payment of the assessment as their "proof" that the homeowner has refused to pay his dues and naturally deserves a lien placed on the uppity property owner's home. If not defended, this action could elevate into involuntary foreclosure of the "troublemaker's" home.  From the Board's perspective, all problems are then solved.

 

In conclusion, remember it would appear that the board’s goal is to keep their activities among themselves and remove any hint of anyone questioning their authority as quickly as possible.  After all, they do have unlimited resources in the form of your money and a hungry and very willing lawyer anxious to use your money in pursuing anyone who chooses to question the Board's actions or authority. History demonstrates there are few who will spend attorney dollars for principle when the board has literally unlimited resources for attacking anyone they choose.  To summarize, it appears if a "member troublemaker" begins asking too many questions or gets too close to the truth, the past actions of the board sustain the fact that the enormous threat of financial injury and possible foreclosure usually will, for the Board Members, make that problem go away.  After that, of course, it's back to business as usual and now even more confident and prepared for the next "target" to raise it's "trouble-making" head.

Return to Library

(Top)

Huntington Village Online
An Online Newsletter For HV Residents

P.O. Box 720735      Houston, Texas 77272-0735
Sponsored Independently by Concerned HV Residents
NOT an Official Huntington Village Community Association SITE
Houston, Texas