*For petition to remove Tina & Co. please
*The Board with the management company have put us in a dangerous legal situation
by having "board members " who had no deeds when they go on the Board in 2008. For
petition to ask the Board to remove these 2 Board "members" please
True & documented
This happened in
. There were several unauthorized withdrawals were made from an HOA account totaling
about $28,000 . The HOA filed a complaint with the police. The person who was allowed
to use the account for authorized purposes is suspected.
You might be aware that 2640
and 2650 Fountainview are set to be demolished (we don't know when).
We just heard that across
the street at 2411 Fountainview ( same side as our building) is also being bought
( or bought already) and will be demolished.
This shows the continuation of construction
that we will see in the next few years.
, both visitors to this site and others who receive our letters are familiar with
problems we have had over the years with the Board. They have ranged from increases
in maintenance fees, to lack of care , but most importantly lack of transparency.
They are using what amounts to be laws
biased towards the Board that helps
preserve the power of developers over the homeowners. It creates a Board of “yes”
people to help the developer implement what it wants and whenever it wants it. It
has created sham elections with a total control over everything. In reality it is
a banana republic.
Our developer is long gone , but
this quasi government remains and so are the laws.
There is not one
good argument that can be made for a non-profit corporation redacting documents,
not letting homeowners monitor elections and having executive sessions . Not one
good argument can be made for a management company ( a hired hand) getting those
redacted documents ahead of a homeowner, examine it first and then hand it over
to the homeowner, after making sure it is ok. Matters regarding homeowners behind
in their maintenance fees can be referred to our attorney for possible legal action.
An executive session as far as we know, has no written minutes . Anything can be
discussed in private. Due to lack of an independent agency to voice complaints,
this Board and others like it have done what they wanted to do over the years. Lets
not forget our 2 illegal Board members who were not homeowners when they joined
the Board in 2008 with the blessing of our management company. One of them still
isn't and plans to order a fence job for us and raise our maintenance fees by 3%.
frustrated homeowners have done the most effective thing they could do in response.
They have called their State Representative and registered their complaints against
their HOA. For all the money donated by rich lobbyists, at the end of the day a
representative would be most concerned with a vote against him/her in an election
and losing their seat. Our representative is Mr. Jim Murphy and can be reached at
713-465-8800. We found his office to be very receptive to our complaints specially
for lack of transparency. They were very attentive and caring and wrote down every
one of our concerns. We urge homeowners to call Mr. Murphy’s office and voice your
complaints. The legislation is in session now and because of so many complaints
from all over
Texasover the years, they are changing more laws to the benefit of the homeowners and
are bringing accountability to HOAs and people who are running it. Lets not forget
that we would need transparency specially now that we see a homeowner is attacking
our property values and the Board giving her the floor for the second year in a
row. Lets help ourselves in these uncertain times by calling Mr. Murphy's office
and ask for more transparency for HOAs. Transparency can only help us ordinary homeowners.
Update on Florida condo
As visitors to this website might
be aware, we had mentioned the Florida 80% law in our earlier postings. This law
states that if 80% of units in a complex want to sell, the rest should sell. It’s
a rarely used law created in 2007 but no doubt pushed to become law by investors
and developers . As you might recall, this did happen in Florida and our postings
about that started April 6,2014. We don’t have such a law in Texas , but a subdivision
can change its bylaws. The Florida homeowners who were going to lose joined together
and filed a lawsuit to stop it, and just last week , they lost. How could they win?
It was already the law. Its hard for an average homeowner to overturn the law. You
can see some similarities with ours:
1. The homeowners in Florida bought their condos recently for over $300K and now
have to sell for $75K (investor offering) . We have many new homeowners at our place
who bought theirs recently for $100K and more. If an investor offers to buy ours
as we said they could go about 10% over and buy our 2-bedrooms for $75K. This is
a huge loss for a new homeowner.
2. We don’t have an 80% law but this homeowner (we believe with the cooperation
of the Board ) is trying to bring this nasty and totally unnecessary law to us.
3. Just like the ones in Florida, ours is located in a very desirable part of town
and very attractive to investors. Of course we don’t need for this homeowner to
talk on our behalf. If she wants to sell hers, she can do that at any time. She
should mind her own business and stop being a broker for the rest of the homeowners.
We have between half a billion dollars and probably $ 1billion dollars being built
right near our doorstep from Westheimer to San Felipe. There is no reason to file
sale our property. She needs to stop interfering in everybody’s business.
As you know we have
warned homeowners about some activities regarding the sale of our property. One
busybody homeowner who according to herself is “taking the lead” on this, at our
Annual Meeting , told us that an apartment complex located about 2 miles from us
had a 100% homeowner approval needed in case they wanted to sell the whole complex.
No developer wanted that presumably because they had to get the deed from each individual
owner . They had a change of bylaws and were able to change the requirement to 80%
and the property was sold just like that! This self-appointed broker of our property
compares our prime location in the heart of Galleria and on a major street
to a side
street with a much smaller area.
We did some digging
into our bylaws and found out a change in our bylaws can also be done very easily.
Just look at Article IX under Section4. Amending the bylaws can be done at a regular
meeting of the members, by a vote of 2/3rd of the members present , in
person or and here are the key words “by proxy”. As we know with fraudulent election
that cannot be monitored ; and nobody in the past 10 years who has submitted their
names to the Nominating Committee has been elected to the office and with Tina’s
bag of proxies, a 2/3 vote can easily be achieved. Then the bylaws can be changed
to 80% owner approval and our property can be sold by probably 10% over the HCAD appraised
price. This could mean you can lose your property of lets say HCAD-appraised of
$67,000 for $75,000 which is half of what you can get for if you want to wait (probably
even more like $200,000 for the ones located on the main street).
Homeowners need to be warned of this homeowner’s activity which apparently had
the Board’s approval too, because she got the floor for the second year in a row
and was not even running for a position. They just sat there in silence and let
her give her full presentation. We don’t know what hers and their motivation is
, but at the end we cannot fare well with losing our 100% control.
We received some inquiries about
the 3% increase and the issue of the fences. The 3% increase is being planned for
next year. We have no increase for this year. The increase comes for that little
pet project of that illegal Board member (a person that with the blessing of the
Board has been on the Board for 7 years without a deed under his name) has cooked
up. He wants to repair the fences that along with other repairs that were done after
Ike. This comes at the cost of $56,000 , all to be paid by the homeowners. Why does
that need to be repaired at all? There is nothing wrong with the fences. We asked
Tina and she responded it was just a figure given by some consultant and not any
company per se. We got the person’s name. Homeowners need to be very vigilant on
this issue. Before we know it, all the so-called bids would boil down to one company that
has been doing all our work to the exclusion of any other bids. This is he same
company that as of today’s post still has a one-page website with no links or explanation
as to who they are, how they were founded or any relevant information about them. This also reminds us of that infamous carport project that was done for
$300,000 and without consulting the homeowners. We paid interest on top of that.
Lets not this bad history repeat itself at the tune of $56,000 and 3% irreversible
maintenance fee increase. Please take the time and let the Board know you oppose
this project if the cost is not absorbed. You can call Tina to reach the Board and
express your opinion.
Meeting last night-3% increase and conspiracy against
As expected the incumbents won
last night. Some homeowners including the ones that ran last night and pretty much
never campaigned or knocked on people’s doors, still believed the election was about
qualification. Nothing can be further from the truth. They touted their experience
in running other associations or their experience in real estate and lost to a bunch
of proxies brought over by Tina which they had no way of validating them independently.
Of course as we know one of the incumbents won re-election without a deed!! Please
recall that 2 weeks ago we asked Tina a rhetorical question , that if we could inspect
his deed. She said no ( there is no deed to inspect). The manegement comany committed
another breach of fiduciary duty by holding this election. We will continue to follow
that with appropriate authorities and we will let you know. It is too dangerous
a liability to have at our expense for their friendship When people hide things
, they naturally can only trust the ones that know what the truth is. Nobody else,
as long as they could help it (like defeating them in election) should be able to
be in on it. Lets also mention that the illegal president gave the address. A funny
tidbit was when homeowners asked the previous president why there was a change and
he is the new secretary. He responded he wanted to see the challenges involved with
that position!! He didn’t mention what was so intriguing for him to give up his
position and commence what amounts to clerical duties. Of course in an earlier posting
we let you know that there is nothing legal that could be found in our rules and
bylaws authorizing that. What we believe the reason is, was the removal of the previous
president with petition after he had become a target. They learned their lessons
and now they play musical chairs with the position so not one person becomes a target.
This also showed that people who
submit their names to the Nominating Committee have yet to win an election ever
since Concerned Homeowners started running for the Board 10 years ago. It just shows
a sham of an election that we have. We asked the very well-meaning and well-intentioned
lady who is on that committee to give up this ceremonial post that has never yielded
a winner. It’s the Board way. It’s the common man/woman’s way who has figured out
how to hide things by redaction, one-bids, etc. They ask people who have good names
and really care for the property, to take over this role and legitimize this election.
We found out that the letter all
homeowners received regarding the management company increasing its prices was actually
not right. The true budget was handed out last night.
More importantly, the illegal
incumbent who won last night introduced us to his pet project about fences. Apparently
with the price of water and sewer going up by the city( we will verify that), there
is an urgent need for $56K repair. After saying this is the highest the reserves
have been since many years, now they would need to increase our dues by 3%. We attribute
that solely to the fences. If the dues can be kept steady, and the fences don’t
look like they are in dire need of repair, why go through an expensive $56K repair.
This reminds us of the $300K carport a few years ago that we were told was worth
only about $100K. We had to get a loan for that. With enough bidding the cost can
be absorbed and no need for dues increase.
last night, was a talk about developers buying our place. There has been no such
talk or intentions as far as we know outside this annual meeting. There has been
one homeowner who keeps insisting on that and she even mentioned she is a taking
a lead on that. For the record nobody that we know has asked her to do that. As
we let you know in advance a year and a half ago that it would need 100% of homeowners
to sign on their deeds individually. This homeowner however brought an example of
a condo nearby who had a 100% in their constitution and they changed it to 80% and
were able to sell it!! That condo is not nearly well-positioned as ours ,it is much
smaller than ours and moreover we don’t need to sell ours without a developer coming
to us first. The action of this homeowner, talking to investors as if we are all
desperate to sell is the height of irresponsibility. It was very soon picked up
by some members of the Board and even some homeowners who rather sell at whatever
price they think would be best for everybody. This is a conspiracy against all homeowners
who can and should command a price of $100K for one bedroom and $1450K for a 2 bedroom, nothing
less. This is our estimate for now and it could even go higher depending on more
and more construction coming here like 2640 and 2650 FV. We also have heard from
some credible sources that the ones across the street from these 2 buildings are
also being sold for new development. This is nothing short of a conspiracy to get
our valuable property with loose , inexperienced and dangerous talk. We demand that
homeowners who have this plan to stop talking about the whole place as if they own
it and talk about theirs only and leave the other homeowners alone. As you can see
more homeowner participation and concern will let anybody ( developer or agenda-driven
homeowners) that we will not let our constitution change for this. We will sign
our own deed when the time comes and only when we feel we get the right price for
As you might be aware, the management
company will be charging us an additional 2%. There is nothing extra added, nor
any new services . There have been several calls and emails to Tina regarding the
condition of the property. There were concerns about filthy stairwell, driveways
, trash in many places. Those calls did not do anything, and usually answered with
one word “yes”,”No”, “Ok”, etc. in her emails. Nobody can remember the last time
anybody has spotted her walking the property. The Board in cooperation with the
management company and against homeowner interests has devised this budget. Why
are we paying an additional 2% with the Board approval with no positive changes?
It states the last increase was in 2013, as if now its ok for them to charge
us another 2%. Then again what do you expect from a Board that in its membership
has individuals who got on it without any deed in their names.
If you remember seeing Tina on the property for any reason (
we hope it would be inspection) please notify us at
firstname.lastname@example.org with the date and time.
Its time for the management company to go.
HOA-wrongful profit- click on the link below to see the video:
Campaign and other candidates
We just found out that there are
2 people who are running for the 2 positions available on the Board. Apparently
they haven’t been to the Board “elections” or simply don’t know that this all a
sham. As more evidence of this being a sham, the illegal and current Board “member”
is running for re-election. He is campaigning and asking for your votes!! Lets remind
you this individual should not even be allowed to be in the room on the 20th.
By the way, don’t these 2 candidates
knock on doors and ask for votes? Do they think qualification is good enough to
get on this Board? May be they should look at the 2 illegal Board “members” who
are on the Board including the president.
Lets all remember the president
who will be giving the address on January 20th is NOT legal. All Board
members are required to participate in an election (with overwhelming number of
proxies or not) as a homeowner. She never did. This is not like rotating presidencies
and musical chair that they play every year or so. They have to be legally elected.
It doesn’t matter that they don’t care about the bylaws they are supposed to uphold.
We are fighting this unjust and illegal Board “membership”. Lets also not forget,
that the other illegal Board “member” is running for re-election.
True and documented
This happened in
Connecticut. A lawsuit was filed against a management company that managed 8 associations .
It said that $1M was missing from the bank accounts of these HOAs. The comptroller
for the company was sentenced a few days ago to 10 months in prison and 3 years
supervised release. On a federal charge he was found guilty of embezzling $108,000.
He was employed as the vice president and comptroller for 25 years.
For the record
emailed Tina last week and what we got was a rhetorical question.
Q. Can homeowners come and inspect
(the incumbent’s) deed.
Q. Why can’t we come and inspect
We are still waiting for the answer
from 8 days ago.
It just shows this fraudulent
election. We have notified some private organizations and the latest news , they
have not returned their calls either.
HEB & Chevron
For those homeowners who do not
know yet, current HEB will cease to exist on February 17th, and the new HEB will
start operations on February 18th, the next day which is about a month and half
from today. Across the street and at the corner apparently Chevron will change to
For older postings please click