If I am a HOA member in good standing and the HOA is unfairly applying the CCRs can I do anything? They send me notices and fines for things that the board members themselves are in violation of. The HOA is out of control.
Please Assume that the members cannot be voted off and they have indemnity clauses in the HOA contract.
2007-04-12 05:09:07 · 2 answers · asked by Dave F 1 in Home & Garden ➔ Other - Home & Garden
Unless they have a clause that states they are not under the same rules as the members of the HOA, they can be sued. Indemnity clauses are so they cannot be sued just because someone doesn't like the HOA rules and Regs. This doe's not apply to seperation of enforcing rules upon themselves. I would go to a meeting of the HOA and have them explain why there is a difference in the rules for certain individuals.
2007-04-12 05:18:18 · answer #1 · answered by sensible_man 7 · 0⤊ 0⤋
First, how do you know the board members aren't getting notices and fines? I manage HOAs and I send notices to the board members as often as any other owners - and just like other owners, sometimes they won't comply with the rules, either. I don't know about Texas, but most states won't let anyone know who was fined (confidentially issues), so you might not be able to find out any information on their violations.
Second, the board members don't have contracts - they are owners just like you that volunteer their time. Most probably have full-time jobs and families just like you do. They were elected by the membership. Check your CC&Rs and Bylaws - you and the other members can vote them out!
Managers always have indemnity clauses in their contract, and board members usually have Directors and Officers Liability insurance.
I would suggest that at the next election, you run for the board. Take some control of your out-of-control HOA. You ARE the HOA.
2007-04-12 15:09:22 · answer #2 · answered by Lauren 3 · 0⤊ 0⤋