***HOAs should not be one of the 4 entities with the power of foreclosure.
Their liens should be treated like other creditors that have lien on a homestead.
***HOAs with current unfair laws can be breeding grounds for corruption.
***There should be an independent State agency to regulate HOAs
, train and certify Board members.
***HOAs that hire a management company should not hire management
company affiliated contractors. This in time can result in getting bids
only from them at the exclusion of others. It can deny the homeowners the
best possible price resulting from competitive bidding. Major jobs should
be put out for bids from at least 5 different companies. These bids should
be verifiable by interested homeowners.
***Just like other types of elections, in this quasi-government,
where 60 million people live in, the elections should be allowed to be monitored
completely by interested homeowners .
members have been elected to the Board of Directors without being an owner
of record and in direct violation of Article 3, section 3 of our bylaws.
They were nominated and subsequently elected with the power of unverifiable
proxies and Tina's full knowledge.
For petition to remove Tina & Co.
and the 2 illegal Board members please
Go to :
for the latest information on the government housing project.
from Rep. John Culberson
May 21, 2016
80% rule and existing
We heard from some other homeowners who also did not attend the
Annual Meeting and who thought their new refinance or mortgage would stop
any sale. Nothing can be further from the truth. In cases where there are
existing or even new mortgages are in effect if the amount is low enough
the investor would pay it off or not pay it at all. The effect would be
the homeowner loses the title to his/her house and has to give up possession
but the obligation to pay will remain. They will be stuck with what is owed
on their property and the mortgage company could come after them for the
amount. The mortgage company cannot do anything about it because the 80%
is in Texas Property Code 82.068, that is if the homeowners allow their
100% rule become 80% . We all know with proxies and the election that cannot
be verified independently what happens. The 80% rule will win. A similar
situation would be if the property goes to a foreclosure auction and the
proceeds do not cover the mortgage, the mortgage company can sue for deficiency
and try to collect what is owed to them. You would be left to your own devices
and with the association dissolved by then , there would be no place to
go to get information and nothing else to do but to vacate the premises
for the investor to clear , build and sell or rent the new building(s).
Of course none of these were mentioned in that homeowner’s speech
and for 2 years in a row. Just that it would be a quick sale. You just cannot
let any voting that compromises your total ownership and freedom on when
and at what price to sell take place here. In other words there are no upside
to this , just a big downside.
Details on a 80% sale
Many homeowners who received our letter before the last Annual Meeting
were aware of the events that could be in the offing. They came with some
standing room only and watched and participated in a debate of events that
could directly affect their property. They knew they had to watch out for
a board that has no problem breaking our bylaws, redacting documents and
having one-contractor same-contractor Tina’s bids. In some of our
conversations with a few homeowners who did not attend the meeting however,
we found there were some homeowners who did not attend the Annual Meeting,
who thought the sale of their property would be impossible without their
notarized signature. In short they were willing to leave matters of utmost
importance and probably their biggest investment in their lives to chance.
They did not know about the 80% rule that has taken property away from so
many homeowners all over the US. The 80% rule is in Texas Property Code
82.068 section a.
(a) Unless the declaration provides otherwise and except for a taking of
all the units by condemnation, a condominium may be terminated only by the
agreement of 100 percent of the votes in the association and each holder
of a deed of trust or vendor's lien on a unit. The declaration may not allow
a termination by less than 80 percent of the votes in the association if
any unit is restricted exclusively to residential uses.
This is where that homeowner and we believe the Board also who
let her talk for 2 years in a row about the figure 80%.
They were trying to convert our 100% condominium project to 80% and then
use Texas Property Code 82.068 section to sell it. If that happens, the
association becomes a trustee and gets the power of sale on behalf of all
homeowners. The sale would be accomplished with much less than fair value
of your valuable property in your pockets and you will be left to find someplace
else to live and in a relatively short amount of time.
Another condo association, same
We just learned that the homeowners of a luxury high rise condominium
project in Inner Loop are experiencing some problems with their board. The
problems are similar to ours. The scale is of course much higher. It seems
like they have a board member who pretty much self-elects himself and his
friends, and has come up with an expensive and needless project. This board
member has decided to remodel a whole area that according to many homeowners
doesn’t need to go through what in effect is a revamping project.
The price for this project is about $3.5M. There are plans for an assessment
fee to be added to the 4-digit maintenance fees. There is nothing to stop
him. There is only one contractor assigned to this project (sounds familiar?).
The homeowners are trying to organize and oust him from the board. A good
place to start would be to verify his homeownership. They could be in for
a surprise. He might not even be an owner of record, just like ours.
As posted last year
As posted on January 4,2015 it is now confirmed that there will
be a bank at the intersection of Fountainview & San Felipe . This very
welcome addition will only help increase the already high values of the
properties in the neighborhood. Let’s hope the homeowner at the meeting
and we believe the Board, will leave the decision to sell or not sell of
each condo to its owner and stop trying to change the rules and bylaws of
our association. In other words, let’s hope they stop meddling in
other people’s business.
Another HOA embezzler
A condo manager admitted on Tuesday he stole more than $95,000
from the condo association of an HOA to feed a gambling addiction.
He, admitted in Lowell District Court to sufficient facts to one
count of an association officer embezzling more than $250.
"I'm truly sorry for what I've done," he said in court.
He was placed on probation until 2020, with his case continued
without a finding. He has repaid $43,826. If he pays the remaining $51,939
in full, his case will be dismissed.
April 25, 2016
Invoice for the driveway repair
Some homeowners living in the area 2201 and 2121 were aware of
the driveway repair being done in an area 20’x24’ or 480 square
feet just over a month ago. They notified CH and we asked and received a
copy of the invoice from Tina. As posted here earlier, this was a one bidder
and it was Tina’s guy who got this job as well while doing the fences
at 2121 building. The price for that relatively small area was $4230. This
came to $9.40 per square feet. We got some estimates of our own from contractors
called at random. We had 2 contractors that gave us bids and the average
was $7.20 per square feet. Tina told us that there were no future driveway
repairs scheduled. We didn’t believe that. There are more areas that
need repair and it just seems logical that they would be next and quite
possibly the same guy would get the job at the exclusion of all contractors.
This could be another excuse for another maintenance fee increase without
getting other estimates and only using Tina’s guy. We have notified
Tina and asked her to forward that quote to the Board. We will get more
estimates and send them to the Board in the coming days and weeks and post
here. The Board as you recall in the fencing case, did not like competition
either even though it could benefit all homeowners. If you see your maintenance
fee increase again next year you know it could well possibly be due to these
expensive one-bid jobs at the expense of homeowners.
Another HOA crime
This one happened in Massachusetts .
A condominium manager told the homeowners that she would need a
$1,000 assessment from each owner because there were insufficient funds
to pay National Grid for utilities.
An association trustees, said the request drove him to investigate the association's
finances. What he found prompted him and other owners to alert authorities.
The trustee who has since become condo manager -- and condo trustees met
with officers in August to discuss multiple bank statements from the association
credit union showing a man they identified as condo manager’s son,
allegedly cashing fraudulent checks for years, amounting to more than $100,000,
according to a police report.
Now, both of them are charged with stealing more than $180,000 from the
Condominium Association from 2010 to 2015.
And all 72 condo owners are now paying dearly to erase a debt of $163,596
related to the alleged thefts.
For two years,now one-bedroom condo owners are being assessed $80 per month
above their usual association fees.
At the end the mother told authorities that her son put her under
pressure to commit the fraud to pay for his child support, IRS fees and
other people and businesses. However she also wrote checks to herself for
$31,925 in the span of 3 years.
Please note that the homeowners had to call authorities, were lucky
to find detectives who would listen to them and pursued the case. Barring
that, they would have had to hire expensive forensic accountants, attorneys
etc. to prove their case. All these could have been avoided with a state
agency that would solely handle HOA complaints and not give them the dignity
of being treated as a sovereign governments. This is too much responsibility
for a commom man/woman to be able handle effectively.
April 9, 2016
Asphalt- another one bidder
The homeowners are in for another one bid job. This time is the
drive way between 2121 and 2201 and the asphalt repair. Tina’s main
bidder is at work again. He is still not finished with the fencing job at
2121 and they put him at work on the driveway. No other bids were solicited.
No other bids were welcome or accepted as we saw in the fencing project.
As a reminder, Tina’s contractor bid was 3 times as ours. The work
was not announced in advance perhaps thinking CH would get outside bids
for this one as well.
Chances are the homeowners will pay for this lack of competitive bidding
again in 2017.
April 7 , 2016
Theft - Same old story
in many HOAs
A former 42 year old condo manager admitted last tweek he stole
more than $95,000 from the condo association in Lowell, MA to feed a gambling
The apologetic manager admitted in Lowell District Court to sufficient
facts to one count of an association officer embezzling more than $250.
"I'm truly sorry for what I've done," he said in court.
He was placed on probation until 2020, with his case continued
without a finding. He has repaid $43,826. If he pays the remaining $51,939
in full, his case will be dismissed.
It can run in the
Theft and fraud can be rampant in HOAs with some members can work
together and even as part of a family . Its easy when nobody watches and
people who like to oversee, can't or the only recourse available to them
would be a lawsuit.
This happened in Florida .
A woman and her son were arrested a month ago after an investigation
revealed they stole more than $122,000 from an HOA from 2004 through 2015,
according to the Sheriff’s Office .
The woman, 59, and her son 32, were booked into the County Jail and charged
with one count each of grand theft and fraud. According to their affidavits,
she was appointed treasurer of the HOA in 2003. She had sole custody of
the HOA’s debit card and checks its bank account and was responsible
for making payments to various businesses on behalf of the HOA. In 2015
she was dismissed as treasurer, after the other board members discovered
a $27,000 deficit to the HOA lawn care provider, and responded to TD Bank
and found there was less than $50.00 in the HOA account, deputies said.
The deficit was previously undiscovered because she had falsified documents
showing payments to various businesses. The board members were alerted to
the deficit by the lawn care provider and contacted the Sheriff’s
Deputies said they collected evidence that showed the woman and her son
used the HOA debit card to make multiple items such as food, clothing, mattresses
and rental vehicles. Additionally, the son is listed as owner of a business
and in 2015 he used the HOA debit card to purchase equipment, vehicles,
and signage after he was hired by a regional medical center to work their
“Promise Run” charity event, deputies said. He also booked a
cruise with the card, deputies said.
Both confessed to using the HOA funds without permission, deputies said.
The woman told detectives that for 11 years she attempted to put money back
into the account. Detectives found evidence that she made four separate
deposits into the account, totaling $12,622.00. Detectives calculated the
total amount of funds stolen by her and her son equaled $122,779.47.
March 24, 2016
Yellow card investigated
We did call the advertiser from the card. He seemed like to be an
investor looking at tax rolls trying to find a bargain. He was trying to
find desperate sellers. In this great economy of Houston, he should be hard
pressed to find a seller who is ready to depart with his investment or a
place to live at half the market price. The guy seemed to be dealing with
the Houston prices of the mid 90s. More than that, he did not even know
the eye-catching developments and billion dollar investments at Fountainview,
the heart of Galleria. This is the reason we suggest, if you want to sell,
consult with real estate agents and people who know about the area. It is
not in every place that you see brand new 200-300 unit luxury apartments
within feet and yards of your place. That together with a brand new HEB
and more developments scheduled at 2401 and other places on this tiny stretch
of Fountainview makes this a developer magnet. Our advice is ,if you get
this card, don’t waste your time calling him and throw it away.
The fencing project on 2121 building started after a 6 months delay.
The delay was due to the 4 contracts provided by CH and an effort to get
rid of them by Tina and the Board. The work is going ahead at 3 times the
cost of 4 bids provided by CH’s 4 called at random bidders. The Board
didn’t care about howto spend our money . It did not even talk to
our bidders. So we decided to get an official copy for our files. Tina sent
CH a copy of the contract by the other bidder. This means that the
bidder who did the 2101 is not doing 2121 but Tina’s other bidder
does. Somehow it didn’t look good to do the job with the same bidder
that did the 2101. However, this bid comes with a typo which we addressed
in an earlier post. Tina said she had already crossed it. We asked that
she or someone from the Board initial the crossing. She refused. For now
we have a copy of the contract with a typo of the address and a crossing.
Lets think about this. This is a contractor who is very familiar with this
property and with about $22,000 worth of contract makes a typo ( address
of the whole building where he would be replacing fences) and Tina and the
Board don’t even ask him to retype this one-page contract. Like everything
else here , this is very suspicious. Could it be the contractor who did
the 2101 building is doing 2121 too and it just would have looked bad for
the same guy to do this job as well after a dog and pony show getting rid
of CH referred contractors? In other words ,could this contract be a fake
and the 2101 bidder is also doing this one behind the scenes? Remember faking
things like home ownership is a breeze to this people. We would need to
see who actually gets paid for this contract.
Yellow solicitation card
Recently a homeowner received a yellow postcard expressing interest
in purchasing his condo. The card was specific and had the address of the
property posted in all caps. It looked like it was coming from an investment
company with a website. If you have received such a card please let us know
at email@example.com. We'd like to know how widespread this solicitation
The other meeting
Homeowners who attended the March 9th meeting saw something similar
to our own Annual Meeting about 6 weeks ago. There were 500 or more homeowners
in attendance with questions and concerns about the planned government project
here at 2640 Fountainview. After the introduction by the Housing Authority
representative, homeowners started expressing concerns along with boos from
the audience ( like ours with the homeowner who was trying to sell our property
with 80% vote). As far as we could see, all homeowners were against it.
They saw it as an attack on home values . What was very obvious from the
beginning and to people who were following the whole process including HISD
trustees, was lack of transparency (like ours with our fencing and other
projects as well). There were hardly any notices to the public, but bunch
of misinformation (like ours). There was only one contractor (like ours).
This contractor was getting millions (6% of the cost). The project is ready
to go no matter the complaints or costs (like ours).
One attorney who is fighting this project asked a very simple and revealing
question from Housing Authority representatives : Is the project moving
forward because of kickbacks?
We all live in the real world. CH provided 4 bids at random and
at 1/3 the cost of Tina’s bidder. As you know our contractor meeting
was a sham and the contract with Tina’s contractor was signed a week
before the meeting with CH referred contrators. These bids were shelved
and only Tina’s bidder is proceeding with the project. We ask the
same question from the Board: Is the fencing project moving forward because
March 10, 2016
2121 Fencing & a typo
As many homeowners are aware the fencing project at 2121 has already
started. The contractor meeting was set for March 3rd. When the project
started a few days later CH asked Tina for a copy of the contract to see
who is doing the project. We got the contract. It was as we had suspected
for about $21,000. It is being done with one of Tina’s not awesome
for homeowner’s money twosome. The contract was signed on 2/26/2016
a week before the contractor meeting set for March 3rd!! This is a blatant
disregard for homeowner interest. It showed what a charade the contractor
meeting was. The contractors also saw through this charade and did not show
up. This is your money being spent unnecessarily for a job that 4 other
contractors were willing and able to do at 1/3 the price. These contractors
put a legitimate written contract, bound by homeadvisor.com regulations
and were denied even a chance to make their presentation at the appropriate
time. This was the Board wasting our money away. When CH received the contract
from Tina it was for 2101 building. Tina’s response to the question
as to why it was not 2121 was that it was a typo. What she wanted CH to
believe is to trust her at her word. She said she crossed it and put the
right address on it. When CH asked to see the final official contract with
her initials on the crossing or a retyped contract she refused to send it.
We will pursue our legal right to see what happened. Was that a typo? Its
hard to imagine Tina’s contractor with long history here making a
huge typo like the address of an entire building and to top it off Tina
refusing to turn over a contract to homeowners who pay her salary.
March 5, 2016
CH went to the contractor meeting held on March 3rd. As expected
it was what we believe a ploy to get rid of the 4 bids that that were 1/3
of Tina’s bidder’s. The Board truly showed it was no friend
of the homeowners as it waited 6 months for no given reason to hold this
meeting. The contractors, all professionals contacted from a legitimate
website gave legitimate written professional bids. These bids were on purpose
laid dormant by the Board to hopefully fade away and they did. No contractor
showed up. There was no reason for professionals to wait 6 months when many
things had changed and then come and at noon on a busy day ,take off their
busy schedule and go back 6 months or so and explain their bids. As we explained
in our latest letter to the homeowners, the Board could have contacted them
a week or so after they gave their bids and enthusiastically , if they were
really thinking of the homeowners pockets and meet them then and right on
the spot. They didn’t. As a result the homeowners can potentially
lose another $13-14000 for a job that 4 other contractors could do for about
1/3 the price. This is in addition to $13-14000 that we potentially lost
had the Board asked Tina to get more than 2 bids, rather than get her usual
Tina’s 2 and only 2 bidders. This was supposed to explain the reason
the maintenance fees went up. As you can see, they probably didn’t
have to, if they had just shopped around and stop getting Tina’s expensive
March 1, 2016
The upcoming March
Here we are March 1st , only 2 days away from contractors meeting
for the 2121 fencing project. These are the facts:
The Board asked Tina to get 2 bids for 2 fencing jobs at 2101 and 2121 buildings
early in 2015.
Tina got 2 bids from her usual 2 bidders.
The fencing job was done at 2101 very shortly after that.
CH got a copy of the invoice for the 2101 building and the specifications
for the 2121 building and got 4 outside and at random bids averaging 2/3
less than Tina’s.
The Board stopped the project at 2121 without any reason.
They set up a meeting for March 3rd , six months or so after the stoppage
with contractors introduced by CH.
Tina’s bidder won’t be attending the meeting, even though his
bid is 3 times as much as other contractors. He won’t be there and
is not asked to attend the meeting to defend the high bids.
When Tina is asked a month or so before the meeting, to make sure everything
is correct and the only questions asked would be of the pricing, Tina budges.
To correct whatever is wrong ,CH asks Tina to have the Board come out and
ask smooth over all the problems before the meeting, but the Board refuses
to meet with them.
Tina and the Board say there are problems with the bids. They won’t
specify which bidder or bidders and what the problem is.
Apparently the Board doesn’t mind us paying about $14,000 extra for
the same job, when there is a potential for saving.
What could happen on March 3rd : a dismissal of all 4 contractors and making
up stories that all 4 of them had something wrong with their bids , even
though they did not want to meet them beforehand. The result could be a
$14,000 loss for the homeowners in addition to another $14,000 or so for
the 2101 building, had they solicited other bids, other than Tina’s
for a total of $28,000 or more.
Money missing from
This happened in Corpus Christi but with these unfair HOA laws
that are biased towards HOA Boards who are accountable to virtually no one,
it can happen anywhere.
A lot of money is missing from a local homeowners association account,
and residents there met a few nights ago to get some answers.
The association is still working to figure out the exact amount missing,
but sources say it's definitely in the tens of thousands of dollars.
This money is collected every month from those who live there, and is intended
for things like improving the landscaping in common areas.
The emergency meeting for residents drew a large turnout.
It was intended to inform them of the findings so far and where they go
The current leaders of the association didn't name any names, but sources
say a person who recently held a leadership position with the HOA and had
access to the bank account is accused of making several withdrawals over
a period of at least several weeks.
A police report was filed in the past few days, the HOA has contacted an
attorney, and many people at the meeting made it clear they want their money
back, through whatever criminal or civil process is needed.
According to residents, the missing money was supposed to pay for improvements
to benefit the kids of the neighborhood, by enhancing the park space and
adding some playground equipment.
The neighborhood is now considering contracting with a company to collect
and maintain all the HOA fees.
Upcoming March 3rd
March 3rd at noon about 2 weeks from today is set for a meeting
of contractors and the Board for the fencing project at 2121 building. These
contractors were contacted at random (all 4 of them) by CH. The project
was stopped inexplicably about 6 months ago after the bids were submitted
to Tina. The bids averaged out to 1/3 of Tina’s bidder. It’s
fair to say that the Board and Tina did not exactly jump up with joy to
embrace CH’s bids. Instead of a meeting right away to see about the
new bids and in theory the new findings, they stopped the project all together.
Our subsequent emails with Tina showed a pattern of accepting the new bids
and then reversing her position. She finds faults with them but only states
they are unprofessional. There are no specific issues and even when confronted
with her own words, she either doesn’t say why they are unprofessional
or accepts it with some wiggle room. We still don’t know why they
are unprofessional. All 4 bids were unprofessional ? Really ? And Tina’s
bidder who up until a year ago only had a voicemail and not even a website
meets Tina’s standard for professionalism? A standard that is described
by many as being very unprofessional with her not even giving many homeowners
the courtesy of returning their phone calls.
The meeting on March 3rd which is planned to be at noon when these busy
contractors are at work, homeowners are at work with no time to attend,
is designed in our opinion, to sweep those bids under the rug. They will
then announce that either CH’s bids didn’t show up, or come
up some excuse to dismiss them. The fencing (both for 2101 and 2121) was
the reason stated for our 3% maintenance fee increase. At the Annual meeting
it was changed to “also need the drainage under it” to justify
even more, this unjustifiable increase.
If the fencing was the reason for the increase, why not jump up with joy
when you can save homeowners money and even ask for more bids?
CH puts the question to the homeowners. The homeowners can draw their own
1. CH’s 4 bids chosen at random from homeadvisor.com average
out around $7,000.
2. Tina’s usual bidder comes up with about $21,000 for the same project.
Will the winner come out one of the 4 bidders in number 1 or will
it be Tina’s bidder?
We think Tina’s bidder will win no matter the cost to the homeowners.
February 16, 2016
Homeowners angry at the HOA Board
This Annual Meeting of an association happened in Arizona about
the same time as ours. There are a lot of similarities between theirs and
ours. The number of homeowners attending was double the usual number, kind
of like ours. The room was packed to standing room only (like ours). They
had brought 2 attorneys (we have seen attorneys at our meetings too) and
a security guard (one uninformed homeowner who probably was attending our
Annual Meeting for only the second or third time suggested a police officer
for our next year’s meeting). Looks like with the unfair laws that
are stacked against the homeowners, this sort of thing happens all over.
A common man given powers that it is too much for him to handle. Apparently
the Board in Arizona, in a small association with about 50 or so homeowners
had hired a management company. The homeowners were upset that the Board
had subrogated their responsibilities to an outside management company that
was only interested in making money. They had started enforcing things they
hadn’t enforced before, like the gates were not the right color or
something equally insignificant. Of course we don’t have to worry
about code enforcement here. The Board itself doesn’t care about our
rules and regulations.
If the Board brings an attorney for the next year’s meeting may be
they can answer the question how come 2 Board members don’t have proper
credentials, like being owners of record?. Or does the violation of our
bylaws mean anything to them? May be the uninformed homeowner should have
been more worried about what had a lot of homeowners worried , mainly the
loss of our condos at half price and by force. Maybe if he was better informed
he would have been worried like us ,about the consequences of people on
the Board signing documents they are not authorized to sign, including one
that still is not an owner of record.
Fencing- a summary so far
The Board asked Tina to provide 2 bids for fencings for 2101 &
2121. Tina got her usual 2 guys and the one that usually gets the lower
jobs got it. The guy who until a year or so ago, had only a voicemail and
did not have a website. The fencing at 2101 was done with rush and at about
$21000. When CH got a hold of the contract and also what the specifications
for 2121 were, went ahead and got 4 bids at random. The bids came out as
2/3 less than Tina’s. CH submitted the bids to her that were supposedly
got to the Board. The work at 2121 was all of a sudden rescheduled. We now
know it will be March 3rd for a meeting of the contractors. Even though
Tina had said all the bids were ok and in accordance with the specifications,
we decided to do a last minute check. To our surprise she just had found
incompatibilities! We showed her, her own words and she decided they were
ok after all. When a week later we discussed the meeting, again to our surprise
she wasn’t sure about our bids. We asked her to meet with our bidders
on the ground and she referred us to the Board. Then 2 members of the board
declined to meet with the bidders. We asked her to come and defend the exorbitant
price her bidder charges and meet with our bidders and clear any issues
prior to the meeting. She did not want to address the issues and kept on
playing games. The meeting to us is scheduled to be a ruse. It will be a
meeting that n purpose is left convoluted so as to dismiss all 4 and get
on with Tina’s guy.
It is her bidder and looks like she wants to get him through at any cost
( to us), even though there are lower bids available. This is why our maintenance
fees go up ( according to the board). Only homeowners can stop this by calling
the Board through Tina and voice their concern and displeasure about expensive
bids and higher maintenance fees. In the meanwhile you can attend the meeting
at noon at March 3rd at the management office.
February 6, 2016
Tina’s game back on
We finally got a date for the contractor meeting for the fence project at
2121. The date is Thursday March 3rd at noon at the management office. The
time is difficult for interested homeowners to attend. It used to be a time
for the monthly Board meeting hoping less homeowners attend and was changed
due to homeowners protest.
The fences at 2101 were done fairly quickly and with Tina’s bidder.
When CH got involved and quickly got bids and outbid Tina’s bidder
by 2/3 , all of a sudden work stopped for 2121 , the building next to 2101.
This was very questionable. Why didn’t they just get all the bidders
together fairly quickly and continue the work? Did the new bids shock them?
They are all pros and could discuss it in a matter of days or couple of
weeks and let the most qualified, experience wise, price wise, etc. win.
Yesterday we got some clues as to why. First of all Tina said there
were 3 bidders. We reminded her they were 4. When the contractors provided
by CH (called at random) were contacted just recently, one of them had told
Tina that their bid was only good for 30-days. We haven’t heard from
the other 3. As you know in previous postings Tina had said she saw some
problems in the bids about 3 weeks ago. When we asked her to be specific
and also specify the contractor(s) with problems and that CH has emails
form her stating they were ok, she agreed they were ok.
We think she just let it sit for a while and then made an announcement about
the meeting and bring problems anew. By now which is about 7 months later
the contractors bids are older than 30 days, as example above, or just busy
and not being able to make it and the number could be cut from 4 to 2 or
may be 1 or even 0. She also hoped that we would not ask for a re-verification
at the last minute. The noon meeting could also be inconvenient for these
busy contractors to attend. By the way, wherever you see her mentioned please
add the Board. The Board is in on it. Tina technically and legally stopped
the work with their order. Tina brought imaginary problems with their knowledge
and then she and the Board retracted when pressed on. The problems came
back up again with their knowledge. The Board should have been very happy,
to see the new much lesser bids, and felt lucky to have homeowners saving
them money. Why didn’t they? Why it took almost 7 months to get on
with meeting these contractors that could save us all money? To add to the
mystery and let’s be frank about it, suspicion, Tina’s bidder
won’t attend the meeting. Why isn’t he attending to defend his
exorbitant price? This makes the meeting more like a dismissal meeting.
A meeting to be held at noon with probably few or nobody around, find problems
with all of them, dismiss them right out or quietly and with little notice
a few days later. We will get verification so all the questions asked at
the meeting would be the contractors credential and work experience. Just
to remind all, Tina’s bidder had only a voicemail and no website up
until a couple of years ago. They cannot argue about a missing fence or
incorrect measurement at this late in the game. The meeting will be held
when we are all in agreement that the bids are all up to par and with what
Tina’s bidder worked with. The amazing thing is that we had a 3% maintenance
fee increase with 2 buildings to be done in 2015. Only one was done after
we submitted the new bids, with 3 times the price of our bidders and the
Board still increased the maintenance fees.
Old fence dumping?
As many of you who have been following the postings here, the fencing
project at 2121 was stopped a few months ago. The Board wants to have a
meeting between contractors introduced by Tina (one of her usual 2) and
contractors provided by CH which turned out to average 1/3 of Tina’s
contractor’s bid. Frankly we can’t figure out why they are waiting
for about 6 months now. Recently some homeowners contacted us reporting
some old fences dumped in the trash bin by 2121 building. Three days ago
was the second case of dumping. We asked Tina in both incidents and she
pleaded ignorance. A quick look at 2121 doesn’t show any fences torn
down but some homeowners have reported hearing woods being sawed. There
is a Board member who the homeowners see frequently walking around pretty
much most of the day and a lot of times around the dumpsters. Also the president’s
condo is not far from the trash bin. How come they haven’t approached
whoever is dumping these old fences and tell them to stop it? Our trash
fees are paying for these reportedly illegal dumps.
If anybody has seen or knows something about this please contact us at firstname.lastname@example.org.
The dumping and the Board’s behavior is very suspicious to say the
Not For Sale Resolution
We didn’t want to dignify the pathetic Not For sale Resolution
presented at the meeting, but some homeowners who did not attend the meeting
were not clear on it. We have posted it here below. Of particular interest
is the last sentence in paragraph 1. This is the same argument that proponents
of 80% control like developers, investors make. Its what makes the job of
a developer easier to buy and demolish. It also makes it faster and cheaper
for them to build . To this date and with the 2 speeches this homeowner
has made and the Boards rambling in this resolution we have yet to see one
benefit for the homeowners. Only that it could be a quick sale. We also
found out that the 2 ½ bedroom (or what is called here a 3 bedroom)
was sold at the asking price of $199,000. This is again right along our
price analysis for these properties. All these help create comparisons that
will boost our properties’ prices and even if there is a take over,
would make it harder for the company to offer anything less.
Lets not forget that none of this, including Not For sale Resolution,
homeowner concern and this posting was necessary had the Board not listened
to this homeowner speech in silence for 2 years in a row trying to wrest
control from the homeowners in making their own decisions as to the sale
of their property.
Annual meeting- more
Some homeowners who were not able to attend the meeting have asked
for more clarifications about the Not For Sale Resolution. The letter basically
in all cap letters and in a panicky tone shows the Board trying to distance
themselves from this homeowner, who has talked about the quick sale of the
property as a whole for 2 years in a row. It “boldly” declares
our place is not for sale, never will be, they will not enter into negotiations
with developers to sell the property. It basically “boldly”
declares that “we will not sell” your property right under you
even though we know we are only proxy-elected Board members, i.e. we know
the Board is not the owner of the place. There will not be an 80% rule.
It is amazing that none of this would have happened if they hadn’t
let this homeowner start talking about it and them listening to her in silence
starting January 2014 and then again in January 2015. People who have attended
these meetings know that there are mainly questions that hover around, trash,
cable TV, maintenance of the place and other mundane homeowner issues. This
is the first time ever anybody heard and saw a homeowner get up and the
Board as if expecting it , had the room quieted and listened to her give
a speech. Why was there no announcement prior to her speech? Why didn’t
the homeowner ask permission to give a 5 minute speech while other homeowners
just ask a one sentence or two questions? After CH sent a lot of homeowners
and posted numerous times online alerting homeowners to this speech and
the Board allowing it, homeowners started expressing concern and started
talking to each other and CH. The Board thinking of a rush of very concerned
homeowners which actually did happen (a correct assessment on their part)
in spite of a cold January night (some standing room only), thought of a
way to “boldly” declare we had nothing to do with her. Nowhere
in the resolution even mentions why they let her talk in the first place,
nor to this date have we heard as to why this homeowner wanted to act on
everybody’s behalf without their permission. We have our suspicions
though. In their “resolution” however, we believe they inadvertently
tipped their hands in cooperating with this homeowner. In the condominiums
where the 80% rule has become the law of the place, the excuse for creating
such a rule has been that not to let one homeowner object to prevent the
sale of the whole property. This is also the exact wording in this Not For
Sale Resolution. That to us shows a veil attempt at telling us what could
happen and what we could be missing (which is a wholesaling of our property).
What if 5 people object? How about 10? How about 19%?
It just shows that when living under HOA you cannot let your guard down.
She could be back next year or we could get a letter from somebody, entity
etc.as we predicted before, telling us about the merits of a wholesale deal
and reminding us it wasn’t us and to remember the resolution. If one
or more want to hold the sale of a property, the developer will not be stumped.
They can take over the Board and quadruple the maintenance fees and force
the homeowner(s) out legally. The Board, homeowners or this homeowner should
not be spending time as to how facilitate the sale of our extremely valuable
property. Anybody doing that will only invite suspicions onto themselves.
January 21, 2016
Many homeowners remember when we had an Annual Meeting to decide
on a proposal to have a $1000/month assessment. Homeowners came with force
and the awful proposal which primarily was for borrowing was defeated. This
Annual Meeting was one of those nights. We had let many homeowners know
about the homeowner who had been advocating the merits of selling our property
on a wholesale level. This was a serious threat to all of us and CH let
many homeowners aware of her speech. She had talked about it for 2 years
in a row and the Board had let her spread this unsolicited , nonsensical
notion. We had questioned the reasons behind this speech and the Board allowing
it. Homeowners who attended the meeting saw a Not For Sale Resolution waiting
for them on the tables. It looked like the Board had taken notice of this
alert put up by CH and was trying to distance itself from this homeowner’s
The question comes up which is why now? Is that because they felt the homeowners
who had not heard her speech, were rightfully upset and were going to ask
the Board questions? It sure looked like a pre-emptive action. After going
through all the agenda they wanted to address the sale of the property.
By that time which was nearing the end, the Board had pretty much lost control.
The homeowners were upset. They took a show of hands resolution. It was
a pathetic attempt at demonstrating a hands-off policy towards this very
important issue. How would that matter if an investor steamrolls over us?
The action of this homeowner which has included direct talk (according to
her) with investors and the Board’s willingness to let her talk might
have already damaged our position. She and the Board might have already
turned an individual issue to an “us” issue. The homeowners
united let her know in no uncertain terms that she did not have their permission
to talk about their property. They also told her again in no uncertain terms
that she was welcomed to sell hers and leave. This is a subject that is
for each homeowner to decide. It is an unwritten rule of negotiation that
when a seller approaches the buyer the price is automatically reduced. She
tried to defend herself by saying that she started the talk when the gas
prices were not so low!! That did not even make sense. By that she meant
the market was hot. If it was hot why did she advocate a quick sale of the
property at a wholesale level? For her information, Houston has not cooled
at all and most certainly our property. This is not a one-trick pony kind
of city anymore. After the last oil price reduction, Houston city leaders
pledged to make the city economy a diverse economy. So far it looks like
it has worked. The real estate prices are still high and construction is
going up non-stop in virtually most areas of Greater Houston. You see signs
for hiring in many areas which were not there in the last recession. There
is a great medical center with visitors coming from all over the world,
a new International Hobby airport, a great high-tech field, more active
ship channel, a great climate and much more. The oil job losses could translate
to something else on the future but nobody can foresee the future. With
no visible signs of weakness this homeowner assumes we are in difficult
times and she wants to sell what that doesn’t belong to her. We found
out that a homeowner, reportedly just recently has sold her one-bedroom
here for $85,000. That is right along with our prediction that a one bedroom
here could be worth $100K. If she takes a hands-off policy and just minds
her own properties we could very well get that and probably more.
There was also the issue of the election. We had predicted that all 3 incumbents
would win re-election. This time however only 2 were elected and at first
glance looked like CH was off by one Board member. However this requires
more knowledge of these people. The Board member who was not re-elected
came to the meeting with the assistance of a walker. He was guided to his
seat. He was absent in last year’s meeting and had been absent many
times in 2014. The Board wanted to get done with the charade of elections.
His pitch for re-election lasted 20 seconds. The first 10 seconds were inaudible
and homeowners could only hear a mere 10 seconds of what he had to offer
for the upcoming year. This another one of the Board’s banana republic
type of voting looked more like a retirement ceremony for him and passing
of a torch to yet another relatively new homeowner. Someone who has not
been as familiar with the whole set of issues here like redaction of files,
closed elections , one-contract (Tina’s contractors) bidding and much
more emanating from a typical HOA with a management company, like the other
homeowners who have resided here for 30 years or so. Let’s hope he
turns out to be different. Some homeowners who were appointed ( we just
can’t use the word elected since we can’t monitor the election)
to the Board quit in disillusionment a couple of years later. Some found
out they were there to sign papers only or were there to agree with whatever
they say. Its worth mentioning that the losing Board member was also on
the Board when 2 non-homeowners were elected to the Board in 2008. Its amazing
that he had voted to remove the Board members in the 2005 removal meeting
and then switched positions and got on Board. He was also the one who gave
the disastrous pitch in that $1000/month assessment.
Going back to the issue of wholesale selling, the homeowners cannot let
their guards down. She could come back and the Board could let her talk
again under the guise of a new heading but with the same intent. Living
under this HOA ( and HOAs in general) means never resting comfortably and
plan for retirements or other things. If her plans had succeeded, we could
been out with measly amount in our pockets and move to much less valuable
locations. After all what could you buy in the still very expensive Galleria
There is a homeowner who is running for the second time in 3 years
in this election. There are also 3 current board members who are incumbents,
one of them a homeowner who has owned a unit here starting just in 2014.
She has been appointed as a temporary Board member since a few months ago.
The non-incumbent homeowner is asking homeowners who know CH to support
him. While no doubt he can be very useful to homeowners here with his expertise,
he is of no use to the Board and Tina which we see has an active role in
elections and even breaks our bylaws by letting non-owners get on the Board.
The Nominating Committee has not had any member in the last 10 years or
so who have nominated themselves and got elected. The Nominating Committee
is name only. We fully expect the 3 incumbents to be re-elected and this
homeowner lose. The election here is a sham. They want certain members which
would include yes men/women who are there sometimes to fill the quorum.
Expertise does not matter to them. Homeowner’s interest is of no interest
to them. You can see with the fact that they show no interest in fencing
bids provided by CH and just stop the 2121 fencing project all together
with no valid reason. Let’s not forget redacting the documents a few
years ago. Most important of all lets not forget the fact that elections
here cannot be independently verified. Last year the incumbents won all
seats. CH will not participate in any election held by Tina and this Board
until elections can be independently monitored. We cannot trust a bag of
proxies Tina brings every year and call it legitimate votes. We fully expect
the incumbents win again and this homeowner who apparently has a lot of
experience probably lose again. This is banana republic on display.
The bids were ok after
After a flurry of emails back and forth and showing Tina her own
words, she finally agreed the bids obtained by CH, and called at random
using homeadvisor.com were ok. We have asked to be present at the meeting
some time in February or March, and we know some concerned homeowners want
to attend the meeting too. We just want to make sure that all bidders get
a just treatment. We all need to go over this huge $13-14000 difference
and see why Tina’s bids are so much higher than the other ones. This
is after all what is causing the 3% increase in our maintenance fees.
Question: why did the fees go up by the full 3% when only one
of the two buildings was done in 2015?
January 12, 2016
2121 fencing project -The plot thickens
When we inquired about the proposed meeting all of a sudden Tina
said she had read them thoroughly and found that they left out a whole fence!
CH asked as to why she has taken 4 months to tell us that and only when
we inquired about the meeting. She replied “I am just assuming they
are missing a fence. I don’t know.”
When we brought that up that you said you went through them thoroughly and
now you say you just assumed she replied that she did go through them thoroughly
and that the proposals were unprofessional. We asked why she waited 4 months
and again after our inquiry to say so and which ones (or all of them), there
was no answer.
Homeowners have to remind themselves that she works work us and
we pay her salary. We have shown a potential of $13-14000 loss to us if
we go with her bidder. This already happened at the 2101 building. She is
in no rush to have that proposed meeting. Since the Board picks her bidder
and shows no interest in getting outside bids, we can assume the Board is
ok with that too. To sum it up, looks like the Board is Ok if homeowners
spend needlessly $13-14000. They look to be ok with us losing money
Janury 9, 2016
2121 fencing update
A few days ago we tried to get an update on that planned meeting
of the contractors. If you recall this was a meeting that was supposed to
be between Tina’s contractor, Concerned Homeowners 4 suggested and
called at random contractors, the Board and Tina( the property manager)
. The meeting was for the fencing project for the building at 2121. Lets
remind you that the average of the 4 contractors we introduced were about
1/3 of Tina’s. For some unspecified reason this fast track fencing
project stopped dead in its tracks after we introduced the 4 contractors
about 4 months ago. When we inquired about the meeting, she said it would
be in February or March. However for the first time ever she said one of
the fences from the 4 contractors were left out. We reminded her that we
already have 4 confirmation emails from her , one for each contractor ,
after we had submitted their bids to her that they were Ok. We also reminded
her that we have all those emails available. There has been no response
to that. Its also amazing that after a 4 month period of silence and no
activity and after our inquiry into the matter, all of sudden she says there
could be a fence missing in their bids.
CH has asked to be present at that meeting to make sure it will take place.
After all for 2101 building fencing project and other matters like signing
up with the gas provider one floor above the management company one month
before we could get rival bids they were not too concerned for homeowners
best interest. They signed up with the same gas company and before we could
get our bids in and have not used our bids for the 2121 fencing that clearly
are a lot lower than Tina’s.
This is a direct result of HOAs being treated like actual governments
except that they don’t have checks and balances. It is what happens
when leaving things in the hands of ordinary people without proper education
and training and then expect them not to succumb to human weaknesses especially
when they know nobody is watching or even is allowed to watch i.e. having
proper checks and balances.
The ex-president of an HOA in Ohio is charged with the theft of $66,000.
He had charges of grand theft of $20,000 or more, scheme to defraud and
money laundering of $20,000 or more filed against him. He was first elected
as the treasurer and president of the HOA in 2013. The treasurer's responsibilities
include maintaining all financial records, collecting dues, paying bills,
providing financial statements to the Board of Directors at meetings or
as requested and preparing all financial documents for the Board of Directors.
The current president claims that the ex-president stole $75,000 worth of
cash, keys, checkbooks and association documents during the previous past
two years. Reports said he depleted three certificate of deposits the association
had as well as its savings and checking accounts by spending the money on
unapproved transactions. Investigators also were able to verify, he used
the HOA bank account to pay $24,196 of his own bills such as mortgage and
utilities bill from the account.
We have seen many reports about HOA corruption all over the country and
there is still not a lot of movement tackling the main problem which is
that there is no state agency monitoring the common man to keep him honest.
It happens in Canada too
Recently the British Columbia Strata property Act was changed. It used to
be like what ours is, meaning 100% homeowners had to agree in order for
the building(s) to be sold. The change as you might have guessed it was
from 100% to 80% homeowner approval. Right after the change was made one
huge developer made an offer to the residents. The residents that didn’t
want to sell would now have to sell. The executive director of the condo
association was very happy about it. This is a person who is in reality
a regular homeowner. He is happy that now everybody has to sell. Why would
he be happy about this? If he was tired of his position and the responsibilities
that goes with it ,he could have resigned and become a regular homeowner
again, one without a title. If he wanted to sell on his own he had every
power to do so.
This brings us to our situation. Why is this homeowner which CH has written
extensively about , so busy trying to create a deal? Why does the Board
let her talk for 2 years in a row now in the Annual Meeting?
Fortunately there is no force of the government here to try to pass this
totally unnecessary law. Homeowners here have to beware and show up to the
Annual Meeting on January 19 and demand she stop representing us.This could
be here third unsolicited, unnwanted and terrible advice. If she and others
in cahoots with her succeed, you will be forced to give up your property
at a much less value that this special location deserves
and move to a less desirable area.
This happened in Florida. It happened in a retirement community
condo building. Nine unit owners are suing another owner who they say has
tried to wrest control of the building. This investor is trying to change
the rules and bring in young renters who are not eligible to live in the
retirement community. He has bought 15 units in the 26-unit building and
has obtained interest in 2 more. He is also the association president. He
contends that he has the rights to change the rules and lease out his units.
This could reduce the value of the remaining units by $15,000. He is a board
member so he might have his legal expenses paid by the condo’s officers
and director’s liability insurance.
This in effect what could be happening in our condos but with different
goal. We think there are plans to change our rules and regulations. As you
can see it can be easily done and rather quickly. The 9 owners contend that
the investor needs each owner’s approval as it states in their bylaws.
The investor didn’t care about that and proceeded to change the rules.
Only a lawsuit is putting what could be a temporary hold on that action.
If ours, which we think its the 80% rule becomes a law, it would be nearly
impossible to be overturned.
and the Mayor's office
Over the past two months the residents of 2121 have been complaining
to Tina about not having hot water. None of the Board members (including
the illegal ones) live in that building. The natural conclusion was that
nothing was done about it. One homeowner approached the illegal president
3 weeks ago was told by her they were getting bids. Meanwhile the residents
were taking showers and washing dishes without hot water. Finally after
much complaining to Tina and getting no or slow results, a homeowner complained
to the Health Department. After getting minimal results there, she took
her complaint to the Mayor’s office. They called Tina from there and
after letting her know they are calling from the Mayor’s office, it
looks like finally after more than 2 months they are getting a new boiler.
We can imagine these problems would have been solved long time ago and within
a few days of the problem if the boiler was at the 2101 building.
The Board did not want extra bids
About 8 months ago we inquired about the gas company’s contract
with Tina. This was particularly of interest to CH as the company was located
one floor above our management company. We asked Tina when the contract
would expire so we can provide additional bids. Tina let us know via email
that due to changing prices the Board would start getting bids around December.
We contacted Tina this past week and were told Board had already decided
to go with the same company!
They already knew about the fencing bids which were much lower than Tina’s
why not wait for more bids for gas? Why does the Board seem to always hire
Tina’s contractors which looks like they cost more?
If you see an increase of 3% in your March 2016 maintenance fees you know
it could have been avoided. We don’t know what the gas company rate
is but why not taking a chance on competition to help save everybody money?
Is 2121 Fencing project going on?
We received information from a homeowner today that a torn down
old fence was observed in the trash bin. It looks like part of the fence
between two units, or inside fence.
As people who have followed this site are aware, we have got 4
bids, averaging 1/3 of Tina’s bids. Apparently they are planning to
meet with all contractors, including theirs to see where the huge difference
comes from. We already know. Tina’s bids have always been expensive.
We asked Tina about it and she denied they are doing that.
The homeowner who notified us believes they are doing it bit by
bit so it would not be noticeable and when it is done; they could just say
the Board decided to go with them. If that happens, the homeowners who already
have lost about $12,500 could stand to lose another $12,500 totaling a loss
of about $25,000 for a few pieces of wood.
If you see any activity regarding the fences please send us an email at
As homeowners who live in 2101 building know, the fencing project
started and finished sometime in August . It was finished in about a week.
We asked and received a copy of the invoice and discovered the Board had
only asked for and received only 2 bids (Tina’s usual bidders). We
quickly got 3 additional bids ( 4 so far). The average of ours came up to
be about 1/3 of Tina’s usual contractor. By the third bid, we were
informed that the Board was planning to talk to all contractors, including
the ones we had called at random. The meeting according to Tina has not
been scheduled yet even though we were told it could be in January. For
homeowners who visit the property, you can look at an odd scene. On one
hand 2101 has brand new fences which were done over 2 months ago and next
to it, its 2121 with its old fences. This is not rocket science. It does
not need a whole lot of research to continue finishing the job. A question
comes as to why the job for 2121 stopped at all? If the answer is that they
needed to see if all contractors are on the same page, why not hold the
meeting sooner, like 2 months ago, a month ago, in November or December?
We think its just to let the whole issue be forgotten and without notice
you would see the usual contractor back at work again doing the 2121 building
at 3 times the price we got. He has done a good job at 2101, however if
the Board really didn’t want to “have to raise the maintenance
fees” they should have shopped around. If they really are looking
for the best interest of the homeowners they should get at least 5 bids
for major jobs .
12 , 2015
New Board member
According to Tina, the Board member who has been here the longest
is not there anymore. Some homeowners had reported some problems with him
and according to a homeowner he was not able to serve anymore. The Board
has the power to appoint someone else to fulfill his duties for the remainder
of his term. So how does this Board go about selecting anew Board member
and best preserve the interest of the homeowners? By selecting a homeowner
who has been a homeowner here only since May 2014. Somebody who barely knows
about the depth of the problems we have here as to the process of elections,
one-contract, same contractor bidding, redacting insurance documents, etc.
Somebody who barely even knows her neighbors let alone the rest of the homeowners
. In other words somebody who they conceive to be safe and won’t ask
questions, help with establishing the quorum and just sign what the others
sign ( by legal and illegal members both).
About the quorum however we don’t think it would be a deal
breaker. After all they didn’t care about a person on the Board being
an owner of record. So what does a little thing like quorum matter?
Maintenance fee increase
Every year around October or November the Board has its monthly
meeting to determine on some issues including maintenance fees. This Board
which has been operating illegally, with 2 illegal members ordered the fencing
project for 2101 and 2121 for the year 2015. According to what the illegal
treasurer said in the last Annual Meeting, they were going to raise the
maintenance fees by 3% because of this project. When they did the 2101 project
they only got 2 bids (according to Tina, it was the instructions of the
Board to her), and the homeowners got 2 expensive bids, from Tina’s
usual bidders. The less expensive bid did the 2101 building project, to
the tune of about $21,000. When Concerned Homeowners got the notice of such
an expensive job for a few pieces of wood, found 4 contractors and submitted
(so far) 4 bids, some at 1/3 of the 2101 price. As we know the work at 2121
was stopped pending a meeting of all contractors. We think the meeting is
just a plan to find faults with the bidders provided by Concerned Homeowners
that were picked at random and dismiss them and continue with the contractor
that did the 2101 job, meaning 3 times the cost. If the maintenance fee
increases this year, brings up couple of questions: Wasn’t the increase
supposed to be for both buildings with only one done? If they pick one of
CH bidders then why would the increase be 3% and not 1.5% or less? Of course
they should not raise the maintenance fees at all since it was a total disregard
of homeowner maintenance fee dollars and getting one or 2 bid contracts
from the usual Tina’s expensive bidders. In other words if they had
got more bids and not rely on Tina’s bidders they could have easily
saved us some serious money. This means they should account for their lack
of good judgment to say the least, and not raise the maintenance fees at
all for this coming year. They should realize that the days of one, two
or same contract biddings are over. CH will be providing competitive bids
for all major jobs if they don’t. It is now time to be held accountable
to homeowner’s hard earned money that pays for everything from A to
One of the results of no checks and balances with HOAs, is having
a common man/woman be burdened with huge responsibilities which is usually
way over their heads and can have disastrous results for the homeowners.
It makes perfect sense for good HOAs (unbelievable but there are some) to
send an invitation to homeowners at least 60 days in advance asking them
to come to the Annual meeting and help discuss issues relevant to their
property. Issues like how to better run our place, or addressing the needs
of the homeowners. In our place which by most measures is a bad association
and a group of people running the Board, this only used to happen. It stopped
happening when they saw Concerned Homeowners was serious about getting to
the truth. After all we have non-owners of record being on the Board making
decisions, signing documents when they are not authorized to do so, getting
property manager-only bids with expensive results ( as we see with the fencing
project) , homeowners not being able to monitor the elections, etc.
They hope the homeowners don’t show up at the Annual Meeting. They
hope they don’t have to account for increasing our maintenance fees
all due to a project that did not need to be done. We even think the quorum
has not been established in many years. Did anybody beside Tina count? Can
you trust Tina when she knowingly let 2 non-owners of record get on the
Board in Annual Meeting of 2008 and be currently in breach of fiduciary
This year’s meeting is very important and probably the most important
ever. The notice will probably be sent a week before hoping not a lot of
people would show up. Better yet if the weather is cold, so even less people
show up. This time we will count the number of homeowners to see if the
quorum is actually real. We cannot leave anything to trust here. Homeowners
should connect the dots. Let’s be on the lookout for what we perceive
to be a real concern to us, which is the homeowner who is attacking our
home values and tries to change our bylaws to that awful 80% ownership.
If she gets up to talk for the 3rd year in a row, let’s ask her why
she is doing this and for what purpose. More importantly let’s make
sure the issue of changing our bylaws to allow for such a terrible advice
never materializes by standing firm against it and reject any proposal for
such a vote. This could cost all of us potentially half of our home value
and a forcible move. All these can occur, have happened and currently happen
elsewhere and are very real.
26 , 2015
The fourth bid
As our ongoing efforts to get multiple bids, we received the 4th
bid last week. We sent that to Tina and after a minor question which was
answered, we didn’t hear anything more from her. We assume the bid
is acceptable since we told her to bring up any questions and told her that
if we don’t hear anything more, then the bid would be ok.
Recently the traveling salesman from the Board who walks around
and tries to sell this super expensive job on 2101, asked a homeowner what
he thought of the fencing job that it only cost over $21,000. The homeowner
was so shocked by the high price that he told him he couldn’t believe
it cost so much! This traveling salesman is the same guy that is not even
an owner of record and he is on the Board and wants to raise our maintenance
fees by 3% this coming year.
The fourth bid was actually the lowest bid of all 4. It came out
at $6616.00 and includes all the specifications given to other bidders.
As you can see the homeowners lost over $12,500 at least by the Board asking
Tina to get only 2 bids. She got 2 bids from her 2 contractors that cost
us a lot more than we could have by shopping around. Lets hope the Board
takes the right path and takes one of the bidders that we called at random
from homeadvisor.com. This should avoid the unnecessary 3% increase on this
fencing job that was not needed in the first place.
Forced sale situation
This is the continuing evolving situation in Florida. The state
has a law that if 80% of the owners sell to an investor the rest are forced
to sell theirs at market value (read appraisal district prices) to that
investor. Of course Texas doesn’t have this law, but as we mentioned
here, each condominium project can have its own rules and regulations.
The law in Florida states that homeowners should be compensated for at least
what they paid for it. However it was amended that this applies only to
homesteads. This means that multi owners who bought their property recently
and to rent them out could lose big in that forced sale. As example there
is this couple who bought their condo in 2006 for close to $250,000 and
now that they have to sell it by force of the law and the investor will
only have to pay $127,000 for it. That means a loss of about half of what
they paid for.
Let’s compare that situation to ours. If an investor is eyeing our
property ( very likely), then we have to pay very close attention to this
homeowner who is getting the floor to talk at the Annual meeting ( two years
in a row now). She is trying to sell us this nonsense that if we make changes
to our bylaws and make it 80% approval then we can sell easily (as if we
have any problem selling on our own). She is trying to convince the homeowners
that giving up your total control to a stranger is good for you. Once you
lose your control to make your own decision, the kind of garbage that is
happening in Florida could happen in our place. Homeowners can lose big
in this highly popular location. Even homeowners who have a free and clear
homestead can lose their property for half of what they can get for it themselves.
Please make all attempts to attend 2016 homeowner meeting. It is very crucial
for homeowners to attend this meeting. They could be talking about your
property hoping you don’t show up so they can sneak this all-bad proposition
into law here.
Every once in a while we get emails from people who want to comment
on the site. Most of these comments are about the Board and election. These
comments usually propose that, there is an easy fix to that and we can remove
the Board members ourselves and elect new ones. In essence they try to portray
HOA as a another type of government that is functioning properly and has
checks and balances. Nothing can be further from the truth. You are trying
to remove people who are in charge. People who are in charge are also in
charge of the election. In plain language it means you don’t trust
these people and you want them to be removed from positions of power. How
can you then trust the same people to hold the election for their own removal?
This is a catch-22.
It’s a dog chasing its tail. In order to hold a true election, when
there is no trust whatsoever, you have to be able to monitor the election
from start to finish. In the absence of any trust of the election results,
anything short of that would be meaningless. That means you should be able
to see the letters put in envelope, stamped and dropped in mailbox and then
be there everyday to open the mailbox and be able to open it and see for
yourself and tally the votes.
We have found out people who make these comments are either people who are
not informed but well-meaning and truly want to give suggestions or people
who are afraid that their beloved HOA industry; you know the one that feeds
them ,get another black eye. This industry includes attorneys who advertise
their services sometimes exclusively to HOAs, insurance agents and adjusters,
various contractors, utility companies and others. They have an interest
to keep the homeowner in the dark and only trust a certain group of people
to run the Board. What is amazing is that the laws governing HOAs are so
in favor of keeping the status quo and oppose any change. This is where
most people have made the biggest investment of their lives and yet they
can’t even effectively voice their complaints or do something about
fraud that is ongoing in many HOAs. There are no checks and balances. There
is nobody to complain to. The only option would be a lawsuit. The average
homeowner has virtually no chance to unseat people who at times could be
the least qualified and at the same time being protected by strongest laws
keeping them in power.
What we have in our HOA which is 2 Board members being on the Board in violation
of our bylaws ,could happen in any HOA across the US. Please remember this
has happened with the blessing of other Board members and they are still
there over a year after the fact. One of them still doesn’t have a
deed and technically should not even be allowed to be in any meeting involving
homeowners and their concerns. Yet he is still the treasurer.
The solution: A state agency with enforcement powers who can listen
to the two sides of a dispute and just like any other state agency be able
to rule with effective powers like removal, fine , and also be able to refer
corruption cases to District Attorney . The threat of being imprisoned can
usually keep many Board members who get under the table funding, honest.
This does not even have to be another agency to counter the argument of
some people who oppose yet another government bureaucracy. To get there,
keep calling your congressman and ask for more transparency. At some point
we will get to total transparency which is what homeowners deserve.
The office of Attorney General can open a branch just for HOA disputes and
be able to shut down HOAs that are corrupt just like any other business
and hold true and honest elections for new members. This is when you can
advise people to just remove the bad ones.
Shocking but expected- $2.8M embezzlement
by property manager
This happened in an HOA in California. She was charged with 2 counts
of felonies for stealing from the account of a 990-unit HOA from 2007-13.
This is what is happening pretty much all over the country. The shocking
part is the amount. It is amazing that one person was given so much control,
to allegedly steal close to $3M for so long while being a property manager.
It just depends upon the value of the property, location, number of units,
etc .The expected part is pretty much is the definition of insanity. It
is doing the same thing over and over again and expecting a different result.
Until there is no independent agency with enforcement powers starts looking
over HOAs , these would be the result we would be getting for the foreseeable
future. Who is looking when the manager or a Board member with access to
bank accounts starts embezzling? When a homeowner starts investigating on
his/her own they could get stonewalled. They could get denied been shown
documents. They could get documents but heavily redacted so they could be
rendered useless. They could get threatened with frivolous lawsuits just
to shut them up. They could have to conduct expensive forensic accounting
to get to the truth. These are steps that are normally out of the reach
of an average homeowner. As you can see a state agency with enforcement
powers is the only solution for this problem called HOAs run by ordinary
people. Ordinary people can have money problems like bills to pay, sickness
in the family , being behind in car loans, etc. The lure of easy money can
be very strong for some ordinary people with weak morals. The property manager’s
job would be to help the Board solidify their powers. This many times unsavory
duo can work against the average homeowner, in the form of hiring the same
contractor, getting under the table funding which could make the homeowners
pay with higher maintenance fees at the end; since the contractor would
simply jack up their price to make up for the bribe. The list of unsavory
acts can go on and on. A state agency would solve this problem. They could
look at rigged elections, access to records without delay or redactions,
making sure the Board members are qualified to handle the huge power of
foreclosure which can result from imposing fees and fines for sometimes
simple matters like not liking a homeowner’s door paint and getting
into a mutual disagreement and escalation of the matter. Let’s not
forget many foreclosures held at first Tuesday of the month Family law Center
downtown, result from HOA fees arising from fines and attorney’s fees
that could become too much for an average homeowner. This could result in
them losing their homes to sometimes a few hundred dollars. Only voicing
your complaint to your congressman can help things out. They are after all
worried about being re-elected ant that could be more powerful than any
lobbying on the part of HOA industry.
In this case the manager was pairing with a guy who had a faked company.
She created invoices, paid him and then the two split the money. They face
aggravated white-collar crime and could face 6 years in prison. We have
to re-iterate: Not all HOAs are corrupt.
Senility on the Board?
A few days ago a Board of Director member was observed at the 2101
building looking for coke machines. He was asking some homeowners as to
where they are on this property. One of them told him that there have never
been any here. The Board member responded that there used to be here 30
years ago! Guess it took him 30 years to get curious about their absence.
Interestingly enough he was standing right underneath where the mutilated
animals have been discovered. Looking disheveled he headed back in the direction
of his condo.
May be its time to replace the old timer. Notice we said “replace”
not “elect”. In this sham of an election where 2 Board members
are still there illegally, we don’t expect an open and honest election.
The elections here cannot be monitored independently.
This Board member was one of the members sitting across the table
from homeowners in January 2008 Annual meeting, when the 2 illegal members
got elected. Tine admitted that she knew about their illegality and illegibility
and we have no reason this Board member didn’t know. For sure he has
known it since August 2014 and ignored our request in writing to remove
them. Tina, him and the rest of the Board are in breach of fiduciary duty
at least since August 2014.
September 22, 2015
HOA and SPCA
On July 23rd there was a mutilated mouse on the home of Concerned Homeowner
activist. As posted here with the picture of the mouse, the police was called
and a police report was filed. On August 14, a mutilated bird was put on
the same spot. Again on September 10 another mutilated bird was put there.
It is apparent that somebody’s interests are in danger. Concerned
Homeowners has been very vocal in its opposition to one-contract (same contractor)
bidding, non-verifiable elections, redacted documents, etc. This is the
kind of stuff we can expect from HOAs with a common man in charge following
his/her self-interest with the power to fine his fellow homeowner and most
importantly in charge of interpreting laws sometimes with nothing more than
a high school diploma.
Due to the nature of these intimidation tactics and ghoulish acts, we contacted
SPCA and let them know about this cruelty to animals. They were very concerned
and told us when identified in addition to local charges; they could bring
additional federal charges which could range from misdemeanor to felony.
We have a good idea who that person is.
As we are making every effort to positively identify this person,
we ask anybody who knows about the identity of this night prowler who harms
helpless animals to deliver a message, to contact Concerned Homeowners at
832-685-8770. We are also looking for people who are possibly aiding him.
The third bid on fences
We received the 3rd bid for the fencing project. It was emailed
to Tina and we got a confirmation email that the bid was right. As you recall,
after receiving the bids, the Board all of a sudden suspended the fencing
project for 2121 and postponed it till next year. The 2101 project has been
completed without any other bids except Tina’s two bids. We later
confirmed with Tina, that the Board had asked her to get 2 bids! So she
went ahead and got her two contractors to bid against each other and they
picked the lower one. The contractor that got it usually gets the smaller
Here are the amount of the bids that we got:
First contractor: $7984.52
Second contractor: $8075.00
Third contractor: $9350.00
All these three were picked form Homeadvisor.com at random.
Tina/Board contractor: $20,800
So as you can see theirs is more than twice ours even the highest
one we got. If the Board instead of asking Tina, had asked interested homeowners
to help out and get extra bids, they, meaning us, could have saved $12-13000
on each of the building or a total of $25-26,000. We have already lost $12-13000
on the 2101 building. Now the Board facing this unforeseen, unwelcome and
unexpected new bids wants in our opinion to muddy the waters. They want
to meet in January with all contractors, ours and theirs. They want to repeat
the scenario that we posted on September 13 about roofing 8 years ago. They
want to muddy the issue so ours just go away, just like they made the roofers
we brought in and again at random, from the Yellow pages go away. We don’t
think they care about saving money. If they did they would have asked us
to help them get bids as we have constantly told them we could. We will
go to the meeting. We will follow up with our contractors afterwards and
we will see if as they say its “apples to apples” or apples
to oranges. Please keep in mind that we copied and pasted the specifications
given to the Board contractors and sent them to the contractors that we
called. Then they want to charge us 3% increase in maintenance fees because
of the fencing! Just watch how they will try to discredit our bidders or
show they are not the same or something to that effect. We will try to get
4 or 5 more bidders. Let the Board try to do away with 7 or 8 contractors.
Our records will be open and so what Tina sent us as specifications given
to their contractor.
We will attend the meeting
At the Annual meeting about 8 months ago the illegal treasurer (
the guy who is not an owner of record and violating our bylaws everyday)
brought up the subject of redoing the fences for both 2121 and 2101 buildings.
This was first announced at a staggering $56,000 for a few pieces of wood.
The “treasurer” also announced a 3% increase in our maintenance
fees as a result of what we believe a totally unnecessary repair, and certainly
at the expense of the increase. Apparently as we were discussing this with
Tina , the work had already been contracted for the 2101 building at the
price of about $21,000. Before long the trucks and the workers were there
and finished the job in no time. We asked Tina how many bids were involved
and she responded 2. We asked her who asked you to get only 2 bids and she
responded, the Board. So Tina went and got her usual 2 contractors and one
of them, the one that we see usually gets the lower priced jobs got the
job. Please remember the company did not even have a website until recently.
He only had an answering machine. We started getting bids for the 2121 building
to save homeowners money. We thought he price was too much and we could
save with the other building, the 2121 building. We got 2 bids. Both bids
were submitted to Tina and she, through an email was ok with them. We also
got a third bid which came up about $2000 more than our two bidders but
about $10,000 less than the Board bidder. We need to clarify that bid and
resubmit it. It shows all our 3 bidders if the Board selects one could save
homeowners over $12,500. So now the work has stopped. The project that was
supposed to be finished in fall, is now postponed till winter. They want
to hold a meeting with all contractors, theirs and the ones we found. Why
didn’t the Board get more than 2 bids for the other building? It appears
the Board is not interested in saving us money so we don’t pay 3%
increase in our maintenance fees. Now apparently they want to hold a meeting
to see if their contractors and the contractors we found agree on the same
specifications. Keep in mind that we copied and pasted the specifications
given to us by Tina and our bidders submitted bids according to that, so
they knew exactly what they were talking about. A fact that was further
confirmed by Tina that the bids submitted by us was ok. Our contractors
were found at random and through homeoadvisor.com. We don’t think
this meeting is real.
A similar meeting was held more than 8 years ago. That one was about a roofing
project. Concerned Homeowners invited 10 roofers to submit bids found through
Yellow Pages. A time was specified ( by our insistence) for all bidders
to attend. They all attended. The Board and Tina did not call back some
of the roofers we introduced to them and found faults with the other ones.
They ended up getting a predetermined roofer they had in mind all along.
We suspect they are trying to do the same thing. They want to invite the
bidders found by us and through some vague questioning and process show
they are different, or find some fault with their bidding and disqualify
them and go with their predetermined contractor. We don’t think it
matters to them if it costs the homeowners money and a 3% increase in their
maintenance fees. We don’t believe they are interested in saving us
money. If they did, they would have got more bids for the 2101 building.
We plan to get more bids and will attend the meeting that they plan to hold
in January only 4 months from now. We will also keep in touch with them
after the meeting to make sure their bids have been given consideration
in a fair and objective way. We will let the homeowners know if they decide
to go with their own bidder even if its twice as expensive and would also
cost us a 3% irreversible increase in our maintenance fees. At least this
is what we believe they plan to do. Lets see if they are serious and are
really interested in saving us money.
September 6, 2015
condo manager caught
This is a story that we posted here on July 5. It was about a property
manager in Florida who allegedly stole $228,000 form the HOA and then fled
across the state. She had a grand theft warrant against her.
If your browser does not support a link, just copy and paste it to your
for the Board to shirk responsibility
There have been many complaints by the homeowners against the cable
company. They have been filed with the cable company itself and in many
cases with the Board. Lets all recall they were introduced to us as the
next great service provider just last year and many of us had to pay $98
or more for the new boxes, making the old boxes that we had paid for before
worthless. We didn’t even get any rebates or any type of refunds for
those. Homeowners who didn’t want to pay more for more mainstream
albeit more expensive service paid the $98 minimum and subscribed to this
new company. Some paid more than $200 for the DVR boxes. The Board apparently
is planning to cancel their contract because of all the complaints and make
homeowners get their own service, provider. Instead of asking them to be
more efficient, repair faster, be more user friendly or negotiate a commercial
rate with another cable company, they just want us to negotiate ourselves
with a provider when we don’t have to and pay even more. In other
words they are declaring what they did last year was a failure. A commercial
rate is the preferred and economical solution for homeowners. It gives everybody
a lower rate. It is the job and responsibility of the Board to serve the
homeowners. Let’s not forget a few years ago, the Board wanted to
get rid of commercial rate electricity and let us deal with individual electric
companies. They ditched that idea real quick after outrage and concern from
the homeowners. This is the same idea and opportunity to shirk responsibility.
This is something the Board loves to do which is doing less . We need to
stop this drastic and irresponsible action by calling Tina and letting the
Board know that we want nothing but a provider for the whole complex. Besides
the higher rate the logistics are hard to fathom. Can you imagine different
trucks from different companies coming here at all times for repair and
park in our small driveways as oppose to one truck repairing a mostly common
problem? How about different satellite dishes having pretty much the same
problems the current company has when it rains, except having many dishes
from different companies occupying the roof and bringing their trucks with
them while doing the repair? How about different cables from different cable
companies to be traced for repair? Besides the logistics how would the average
homeowner be expected to shell out another $100 -$200 when they just paid
that last year and now having to pay more for Board’s failure.
We need one provider for all. If some homeowners want to choose a different
one other than the main provider, they are free to do so as they can now.
In an earlier posting we reported that there was an investor that
was planning to use the Florida 80% law to take over some condos. The law
meant that if 80% of the owners agreed to sell the rest would have to sell
too. This law was supposed to get investors to help rebuild some damaged
condos and houses but instead its being used to evict senior citizens like
in this case or people with fixed income who were planning to live where
they are for the rest of their lives. The investor had sent a letter to
the homeowners in this retirement community( many senior citizens) saying
“ I am in the process of taking steps to dissolve the association,
whereby all the apartments that I do not own would be forced to sell to
me at the County appraised value. We don’t have such a misguided and
probably unconstitutional law in Texas, but HOAs can make up their own rules.
It would then take an expensive litigation to overturn it once it becomes
law. We have to make sure our 100% rights will never be put to a vote with
the closed and fraudulent elections in our own HOA.
Apparently the issue got media attention ( watch the video) and the investor
has backed off. There are no guarantees he will back off forever though.
May be when the heat is off he might try again under different circumstances.
If your browser does not support the link below, just copy and
paste it to your address box.
More on the deceased homeowner
We talked to the homeowner living below the homeowner who had passed
away recently. According to her she had passed away sometime in June and
not July. The body was so badly decomposed that she was identified at the
coroner’s office by her dental records. There was pretty much nothing
left of her body. The homeowner below had to move out because of the foul
odor and fly infestation in her condo. She has been living at a hotel paid
by her insurance which is running out. The next of kin who apparently is
the deceased brother, and lives in Houston has been taking charge but Tina
has refused to reveal his identity to her. When this elderly lady asked
her what could she do, Tina told her “sell your condo”!!!
This lady was very upset. According to her she and the other homeowner had
notified Tina in June and she was thinking if a relative or somebody in
the family was notified then, here life could have been saved. It takes
somebody special to hear their concern and use accounting records as a sign
that things were ok with her, which we found later on, were not. She works
pretty much every day a block from where the homeowner lived and she did
not even care to take a drive or call her relatives. In fact nobody that
we have talked to, can remember the last time Tina , the property manager
was spotted on our property.
to appear in court
Another day another HOA embezzlement case. This happened in California.
A former treasurer of an HOA is charged with two felony counts of embezzlement.
She is scheduled to appear in court on August 25. She is charged with embezzling
about $129,000 from the HOA between 2013 and 2014. She is charged with one
count of grand theft by embezzlement and a count of embezzlement by a public
or private officer.
How she came to the point of being charged is unknown. Somebody
at the Board level could have seen abnormalities in accounting and pursued
it further. In many cases the Board members are in involved too. Many homeowners
see things that aren’t right and the only way to check further would
be to conduct expensive forensic accounting, or bring expensive lawsuits
. Either way they would face the wrath of the people involved in it , more
likely the Board members. This in another example of the necessity of a
government agency with enforcement powers to oversee HOAs. This would also
mean certifying the Board members and training them in legal matters. Many
Board members who get elected don’t even have college degrees and
are left alone to interpret the regulations and bylaws that are created
by the developer vague on purpose and subject to any type of interpretation.
A homeowner commented on the deceased homeowner whose body was
found a week ago in her condo. According to her, she had a similar incident
in 2101 a few years ago. In that one she hadn’t heard from her neighbor
for over a month. When she asked Tina, she told her she did not know and
it did not raise any alarms in her head. According to the homeowner, she
discovered the homeowner had passed away someplace else and Tina either
didn’t know or didn’t care to tell her to help her out with
her concerns for her neighbor. Who knows may be the homeowner was current
on his dues or had automated pay . In both cases you can detect a level
of detachment and indifference by Tina that is not shared by many. Rather
than calling authorities or next of kin, she called the accounting department
or like this one just didn’t care.
August 7, 2015
Here is another one those all too familiar stories : HOA and embezzlement
This happened in Florida. The treasurer of an HOA there was arrested by
the sheriff at her home and charged with larceny. The theft was discovered
by an audit . The HOA had a periodic audit to provide documentation to the
Board. She did not attend the meeting and other meetings arranged by the
Board. She resigned later. After her resignation they did a special audit
and found out there was about $29,000 missing from the HOA account. Apparently
she had written checks to restaurants and other businesses, family members,
ATM withdrawals using HOA account. She had served as the treasurer for the
HOA from 2002 to August 2014.
Many of these positions are pretty much appointed by the current
Board members and become self-electing. Lets not get caught in the rhetoric
that “ well the homeowners elected them ”. In most cases there
is a sham election conducted by secret ballots, proxies and most importantly
unverifiable elections. Many proxies are filled in by Board members themselves
if they are sure the homeowner will never check. If they do, they will destroy
it claiming it was lost. Remember in our case we did not know that the two
Board members were not owners of record only the other members knew they
were perpetarating a fraud upon homeowners.The elections cannot be monitored
independently from top to bottom. In many cases somebody that is pretty
much an unknown to the homeowners gets elected. Do not be under the illusion
that the rest of the Board members were innocent in this or other embezzlement
cases. Some may and others probably were complicit in it. It happens in
most HOA embezzlements. Until a state agency regulates the HOAs , the homeowners
will be footing the bill for relationship between Board members and some
favored contractors, vendors, and open to embezzlement and illegal schemes
which at the end homeowners will end up paying for. In many HOAs we are
dealing with legalized organized crime.
and the dead homeowner
We found out that yesterday an elderly long time homeowner was
found dead in her condo. The neighbors had reported a foul odor and called
the police. The police after knocking on the door and not getting a response
kicked the door in and saw her decomposing body. Upon opening the door fumes
got out. There were several witnesses who saw the whole thing including
medical examiners taking pictures with flashes at night and taking the body
out. One homeowner commented that about a month ago he had alerted Tina
and told her that she has not been seen checking her mail and not answering
her door. He asked her to notify the next of kin. According to him, she
just dismissed that notion right out of hand. Another homeowner had told
Tina also about a month ago that she was not answering her door and she
thought something was wrong. Tina’s answer: well she is current on
her maintenance fees so she must be ok. According to this homeowner she
had auto-pay, where money was being deducted from her social security check
every month to pay her maintenance fees. The neighbors finally after getting
flies in their condos and unbearable odor of a decomposing body, called
the police. Tina could have at least have the curiosity or care to see what
was going on in that condo, like something more than her being current on
her dues. After all she works one block away from the condo. What happened
to the concept of a property manager actually managing the place and walking
the place once in a while? By her inaction she put the health of the neighbors
at risk. She also put the health of the police at risk due to the decomposition.
This was also about the time when she was busy putting together the 2101
overpriced fencing project. She probably didn’t have time for the
concerns of the homeowners. As a side note to the fencing project, if the
Board goes along with Tina’s usual contractor and ignore the bids
from different companies ( 2 so far) that we are submitting, we the homeowners
could lose another $12,500, making it about $25,000 loss to the homeowners
which could have easily been avoided hiring contractors other than Tina’s
We are continuing to get bids for fencing project for the 2121
building. The fencing project for 2101 was finished last week for about
$21,000. This was done with getting 2 bids both from companies that follow
Tina to other properties, in other words the companies she has the Board
hire time and time again. For 2121 which is about the same size as 2101
we got an outside bid for about $8000 for exactly the same work. We got
another bid for it last week and this one came out for about $8100. That
means the homeowners according to at least these outside bids paid $12,500
to $13,000 extra for the 2101 building. When we asked Tina why she only
got 2 bids for 2101, she answered because the Board asked her to. So she
gets on the phone and gets her two usual contractors (m one with a one-page
website and no external links and the other that until recently had only
an answering machine and no website) and gets us a winning bid that looks
way overpriced. Surely the numbers can’t be that far off. Of course
the outside contractors have insurance that satisfies the requirement. We
asked Tina if she has even called them to ask questions if any and she responded
that the Board needs to get more bids!!
So to put this in perspective, for 2101 they only got two inside bidders
involved. For 2101 when Concerned Homeowners got involved and got extra
bids that were substantially lower and met the requirements, all of a sudden
they need more bids. Why weren’t there more bids necessary for 2101?
This is apparently what is costing us 3% increase in our maintenance fees.
A project that could be signed by a president who is not even authorized
to sign, and developed by the treasurer that is not even an owner of record!
Stan “The Man” and the Transfer fee
This is from Ward Lucas an author, an investigative journalist
and television news anchor. He has written a book “Neighbors at war”.
He talks about HOAs racist origins and its transformation into a lucrative
money machine for the legal industry. It’s a must read for homeowners
who plan on living in an HOA.
He has reported on a man in Colorado , Stan Hrincevich (www.coloradohoaforum),
who is fighting the HOA transfer fees. The HOA Managing licensing rules
are very weak for home owners and purposely left out specifics and justifications
regarding fees imposed by management companies on home owners. The HOA fee
is rarely if ever disclosed as a legal obligation.
Stan has been trying to educate the legislators about this scam. They probably
refer to photocopying costs which should not be more than ten bucks but
can cost homeowners hundreds of dollars for each purchase and sale. The
Colorado Legislature created an HOA Ombudsman office to muzzle Stan. However
like other weak laws trying to protect the home owners, the office has no
budget and no power. Texas and other states are pretty much in the same
situation. Stan is on the list of CAI’s worst enemies. Stan is a hero
to home owners.
Ward Lucas is another rare person trying to get justice for homeowners and
bring checks and balances to the HOAs. It is amazing that HOAs who so many
people live in them , have virtually no place for homeowners to file a simple
complain. The only available option for the usually ordinary , middle class
homeowner is an expensive lawsuit, pitting neighbor against neighbor. Ward
Lucas is another hero. You can order his book “Neighbors at war”
from Amazon. It is highly recommended.
mouse on the mat
This is what we found on July 23 on our doorstep. It is a mutilated
mouse with blood on its belly. Police was called and a report was filed.
We had our usual suspects which we told the police. This time however we
added the contractor whose next job at 2121 might be jeopardized by competitive
bid. He is after all, right now very close to our doorstep. This is all
speculation but can’t be too careful. This is a job that according
to the (illegal) treasurer might cost the homeowners 3% increase on their
maintenance fees. We will not sit back and let non-bidding by Tina or anybody
else at the Board to cost us this unjustified fee increase. We were planning
to go to each Board member’s house and interview them to see if they
knew anything about the mouse, but the timing wouldn’t allow it. We
will follow this with the advice of our council.
& documented-thief continues to work for an HOA
Here is another incident of embezzlement in an HOA. This man had
worked for an HOA for 15 years. The details are not revealed yet, but he
could have created fake companies and presented fake invoices or just had
direct access to HOAS account like a property manager in some cases or in
some other capacity. One thing for sure, he must have been very close to
the HOA Board. This was his second time. The first time he stole $160,000
and was convicted on that charge. This was his second time and this time
he stole $100,000. The sentencing had been delayed for the first case but
apparently somebody at the HOA let him continue working there and against
the best interest of the homeowners. It just makes people wonder about some
of these darn “non-profit” corporations that their board members
supposedly work for free!
as suspected Tina’s jubilation about having extra bids was not real.
The newly submitted bid which beat the Board’s bid by over $12,500
now should sit and wait till Fall for other bids. Let’s recall the
2101 bid was obtained without any outside bids and just the two usual contractors.
The Board was satisfied with the bid for $20,800 for 2101 (which is about
the same size as 2121) with the usual 2 bidders and when CH submitted the
new bid now they want to wait till Fall for more bids. In other words, they
were happy with the higher bid until a much lower bid came around. Let’s
add to the fact that they did not even ask us for more bids. We will provide
more anyway just to prove to the homeowners these contractors that follow
Tina to other properties, are the Board’s favorites at the expense
of the homeowners who pay for these. As one homeowner emailed us: The fences
don’t need to be repaired at all.
As you are aware, there is a plan to increase our maintenance fees
by 3% for the year 2016.
We think this is very unjust especially with the highest reserves we have
had in many years. At least the job should be done with no increase in maintenance
fees. At the same time we have a fencing project that initially was estimated
to be $56,000. There are only 2 buildings 2101 and 2121 that have their
fences replaced and this sounded as a very high number for a few pieces
of wood. We got the bids last month and for 2101 it was a done deal. One
of the usual bidders, you know the one that until recently didn’t
even have a website and only a voicemail won the bid. The price was $20,800.
This sounds very expensive for one building and reminds us all of that infamous
$300,000 carport deal that they got when most people thought it was not
even worth $100,000. The same carports that leak, and in general are of
For 2121 however we tried to stop this irresponsible spending behavior and
shop around as promised in previous postings. The two buildings are about
the same in size and number of fences and footage. We received a bid for
about $8,000 from an outside contractor. This is over $12,500 difference
that we could save from what we would presumably get from the winning bidder.
Concerned Homeowners was told there was no deadline and we even provided
the Board the required insurance that the company gave us. We sent that
to Tina. She seemed elated and thanked us. Let’s see if the new contractor
will actually get the job. We will keep you posted. If that happens there
should be no need for an increase especially with highest reserves and the
new savings. Why they use the same 2 contractors with one seemingly winning
the bigger bids is only left to homeowner speculation. This habit has also
caused homeowners to lose money and get stuck with interest to pay as in
the case of the carports.
True & documented- embezzlement-Property
manager as a fugitive-Video
The stories about property managers stealing money have become
all too familiar ( see different examples in earlier postings here). This
property manager in Florida is accused of stealing more than $225,000 over
a 2 year period by creating a bank account under a name similar to the HOA’s
insurance company. She would write checks and deposit them in that account
making it sound like the insurance bills were getting paid. The police have
been trying to find her and she is now a fugitive from justice.
Watch the video:
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your address box
One homeowner asked the Board for flags for the 4th of July celebrations.
She was told by Tina that the Board is saving every penny for driveway repair!
To our knowledge ,the subject of driveway repair has not even been discussed
and for sure not to the point of budgeting for it. And how much do flags
cost? $100 or so? What happened to having the highest reserves in 20 years?
When they also do the fences that are NOT in need of emergency repair to
the tune of $56,000 and then given to the usual contractor, designating
$100 or so for a patriotic celeberation is not much at all.
We see this as a nature of many HOAs all over the country where
they tell veterans to take down their flags and even threaten them with
This is what happened in Florida. It happened in a 2-story condo
community made up of elderly residents. This is the exact wording in a letter
sent by the investor to the residents:
“I am in the process of taking steps to dissolve the Association
of ___________ whereby all of the apartments that I do not own would be
forced to sell to me at the _____________ County Appraisers value,”
The investor is using the Florida 80% law, which it says if 80%
of the condos belong to one owner, the rest would have to sell at the county
Fortunately we don’t have this law in Texas where it could be embedded
in real estate property code. The 80% law can only help an investor, because
clearly anybody who wants to sell can sell theirs at any time. The condos
in Florida were sold 10 years ago for $35,000. The County appraised value
is a little over $13,000 , clearly reflecting homestead values. An investor
can easily take advantage of this law and save millions of dollars at the
expense of the homeowner who thought they had a place to live for life.
That is not all the problem. This talk of taking properties by force could
also scare away potential customers and drive down property values.
Texas fortunately being such a pro homestead state that it does
not have this 80% law and the Bylaws are written at 100% homeowner approval.
However, we do have this homeowner in our condo association who is also
trying to introduce this nasty 80% law to us that can only benefit an investor.
Lets not forget the Board has let her have the floor 2 years in a row in
the Annual Homeowner meeting. Losing control of your vote can only bring
disastrous results for you,the homeowner. Some homeowners have just bought
their place recently with twice the county appraised value.
As posted earlier here, there has been nobody that submitted their
name to the Nominating Committee that has been elected to the Board in the
past 10 years or so. It is a known fact here that the elections are fixed.
They are fixed because the vote tabulation cannot be independently verified.
Every year Tina brings a bag of proxies that contains signatures. We also
know they redacted the insurance files, they broke our bylaws by having
non-owners of record serving on the Board (and they still do about a year
after we discovered their 7 year old fraud), they use one-bid contracts,
etc. The new phenomenon and the latest to be concerned about, as we all
know is this homeowner who talks about how selling our property could be
so painless if we just relinquish control over our own vote and let 80%
decide the fate of the rest.
Let’s examine this scenario which could become very real. For example
an investor who comes along and talks to the Board expressing interest in
our property. His main objective is that only 80% need to be ok with it
and the rest would then have to sell. He doesn’t want to convince
everyone to sell and ask the Board to make his job easier. Presently this
cannot happen here and all us would need to sign our deeds individually.
The Board would then make things up and say many people have expressed interest
in this proposal and let’s put this to a vote. Of course not everybody
could be present and some would submit their proxies. Remember these could
be the proxies that could not be independently verified. After getting all
the votes, there could be a special meeting where all homeowners would be
invited to show how the voting went. We would all have to trust that bag
of proxies again. The votes would be tabulated (of course in front of us
to convince the gullible ones who trust the Board explicitly that they have
nothing to hide). The same way that the elections have been fixed year after
year, this one could be fixed too. After all, how would we know that the
owners signatures have not been forged? How do we know the No votes have
not been thrown out? If they send blank proxies like some owners do, how
do we know they have not been treated as blank and not a reflection of the
Board and this homeowner’s view and subsequently converted to Yes?
We could all lose our property with another sham election and getting just
half of what they are worth. Lets just say from the estimated market value
and averaging out for 1, 2 or 3 bedrooms here , the price for all 270 units
could be $27M. By playing this scenario the investor could save $13-15M
which is a lot of money for any size investor. This scenario might never
happen, but with this Board and Tina you can’t be too careful . Don’t
forget next year’s Annual Meeting.
Your biggest investment could be at risk.
Some homeowners could not find the HOA helpline we discussed before.
The number is
832-251-1874. We have to let you know, however, this number is really CAI
or the Community Associate Institute. In their article and announcement
in the Houston Chronicle, they talked about how they could help homeowners
deal with their HOAs. One of the areas they specifically mentioned was ,
legality of changing the positions of Board members without going through
an election. This is what this Board does pretty much every year , after
about ten years ago we gathered a petition and successfully removed the
then president. They decided to rotate the position so there would be no
more presidents be a target of a removal petition.
This is a question which clearly deals with the Articles and Bylaws. We
called them but they could not help us with our current problem, another
area of Articles and Bylaws, which is the obvious violation of Article 3,
section 3. This states the Board members have to be owners of record. Two
members of this Board were not when they were “elected” in 2008.
We also could not find anything in our bylaws that authorizes the rotating
of our Board member positions. What would that matter to this Board when
2 its members are not even legally elected?
In other words, don’t get your hopes high when calling that number.
We believe in the wave of current laws enacted against the runaway HOAs
in all states, CAI pre-empted the legislation and angry homeowners ,and
started this helpline to show there is help available for homeowners. It
clearly was not for us.
The best hope for homeowners would be to call Congressman Jim Murphy at
713-465-8800 and ask for more transparency laws for HOAs.
Each year the Board mails out a notice for Annual Meeting being
held in January. The notice before 2005 was sent every year about 2 months
prior to the meeting. The candidate(s) names appeared on the proxy slip
with a blank space next to their names for homeowners to vote for them or
leave blank. It was democratic, just like many other types of elections
at many levels, like city, state, etc. It was democratic because there was
no danger from anybody they didn’t approve, to get on the Board.
This was the case prior to 2005 when that nasty 25% maintenance fee increase
was imposed on the homeowners and made them angry and many had to sell.
That was when Concerned Homeowners started running for the Board and all
of a sudden the proxies had no mention of candidate(s) names. Also they
were so afraid of homeowners reactions that instead of sending the Annual
Meeting notice 2 months prior to the meeting they started sending it a week
before. As a property manager, Tina deals with many HOAs. For her and the
corresponding Boards, each HOA needs its own fix of problems ( theirs).
Their main problem according to this Board and by relationship Tina was
and has been Concerned Homeowners. We have long suspected that Tina was
the main culprit in the plan to take out all names from the proxy slip.
We still believe that to be true. Of course there is a possibility that
the Board had some hand in it, but we think she had the most participation.
As homeowners who have been to the meetings are aware, she does come up
with solutions. That’s her job. Lets also not forget that according
to her own admission , she was aware that the 2 “Board members “
were not owners of record and were in violation of our bylaws Article 3
, section 3, in 2008. She was also aware that in 2013 the new candidate
that lost was also not an owner of record, but was allowed to participate
by her. To think that she came up with the plan to take out candidates names
off proxies, in 2005, and only give the Annual Meeting notice a week before
the Annual Meeting is not much of a stretch. She has no respect for our
bylaws. That’s why we think the laws are so heavily stacked against
the homeowners. There hardly is any recourse for the homeowners as far as
the laws are concerned. There must be an independent state agency with enforcement
powers monitoring HOAs. The priority for us is to start fresh with another
property manager and management company.
As mentioned in the May 31 posting , we got 2 bids from the same
companies that bid over and over again and win small or larger contracts
every time. This time the company that only had a voicemail and no website
until a few months ago but had done many jobs over the past few years, got
the lower bid and presumably will do the job. The bid for 2101 comes to
about $20,800. Since 2121 is the about the same size as 2101 , we thought
together could be about $42,000. As homeowners who were in the Annual Meeting
recall, the Board member ( who happened to be one of the 2 illegal members
, meaning he is in direct violation of our bylaws, and is the treasurer)
told everybody the job will be about $56,000. When we asked Tina about this
apparent $14,000 difference, she said she didn’t know why.
In continuation of our pursuit to stop the maintenance fee increase,
we decided to introduce some fence companies. According to Tina, 2101 has
already been approved; no need for new fences for 2201 and only 2121 would
need new fences. We asked Tina how we could bring new bidders. She responded
that new bidders are welcome with “correct insurance”. We asked
a current copy of the “correct insurance” of the 2 which will
bid and of course are the only 2 that were considered for 2101 so we could
ask the new companies if they carried the same. The answer from Tina was
to wait till next week. We don’t find her to be particularly eager
for new bids. Let’s remember the other 2 bids for 2101 took 9 days
to be ready for pickup.
Same old cast of characters
We picked up the so-called bids from the management
company. As expected it was the same old “bidders”. The one
that always seems to be getting the smaller jobs and the one that always
seems to be getting the major jobs. No other bidders were solicited. This
is what is basically going on in many HOAs. Lack of competitive bidding.
This is why we believe the primary reason we are paying 3% increase in our
maintenance fees. We are pretty sure this is final, but we will pursue this
in the coming days.
Let’s summarize: the repair is not urgent
,however it will be done, the reserves are at the highest level in many
years, and the maintenance fees will be raised.
As the readers of this site are aware, we are facing
a 3% increase in our maintenance fees. Let’s remind everybody, we
have had the highest reserves in many years and we are doing a minor repair:
internal fences. The price tag is $56,000, provided by a Board consultant,
which seems high to begin with for a relatively few pieces of wood. The
Board as we have mentioned numerous times, seems to have gotten stuck on
one vendor. This vendor has a website with no external, link but seems to
be getting all the major repair jobs. He also follows Tina to other properties
she manages. We had also asked the Board many times both in Annual Meetings
and through emails with Tina, to get more competitive bids, and basically
shop around. Last week, in the ever pursuit of transparency we asked Tina,
the property manager and the Board spokesperson to see if there were any
bids. She said there were but there were more expensive than the above mentioned
vendor. So we asked for copies of those extra bids. She let us know they
would be ready next Friday, in other words fully 9 days to get some recent
documents for us. This was a recent bidding process. We asked her why it
would take this long when she should have at least a copy on her computer.
Why does it really take 9 days to give us a copy of the extra bids?
May be the new HOA helpline could be of any help. Seems like dues paying
homeowners have no recourse.
posted here repeatedly, we are facing a 3% increase in our maintenance fees
which we feel is fully unjustified. We have an energy company that has a
3-year contract with us . The contract is coming to an end in February 2016.
The energy company is located one floor above the offices of our management
company.We thought we provide some competition and find a lower bid and
save us some money so we don’t have the increase. We found a company
and gave the number to Tina 4 days ago. According to her she called the
next day and found we have to wait till December to get a quote because
of changing prices. She even gave us the contact as we had requested. We
called to verify. They had never heard of her or talked to her!!
we told her that she had no answer.
We will wait till December for that, but the fence
job is another area that we could provide Tina some competition . Lets hope
we can find a lower price. We will provide the numbers, will ask Tina to
call and get a quote. We will then call the company to verify. If we save
some money, and with the highest reserve they have had in 20 years , there
should be no need for increase. Lets hope when we call these they have heard
form her prior .
Community Associate Institute
Community Associate Institute (CAI) is an organization that works
Management companies and HOAs and provide education, help, etc.
In 2008 and as you know with Tina’s full knowledge and other Board
members full knowledge, two non-owners of records were elected to our Board
of Directors. This was a direct violation of our bylaws Article 3, section
3 and have put us in legal danger . There have been 2 attorneys legal opinion
that Tina and the Board were in breach of fiduciary duty. After 6 ½
years that we found out (with the efforts of one alert homeowner), and let
Tina and the Board know, that we have caught on to their game. Of course
as we all know , in HOA matters unless there is an outside agency with enforcement
powers that can affect things, these common people (Board members and property
managers) with extraordinary power given to them, can do anything they want
which included breaking rules and regulations with total impunity. The only
remedy for the homeowners would be through the courts, meaning having to
go outside the HOA laws. The laws are woefully inadequate and do not protect
homeowners, case in point.
We brought the matter to the attention of CAI and asked them to call Tina
and see why she did that. Let us remind you that according to Tina the owner
of the management company has also been aware of it at least since August
They did make the call and Tina’s answer as the Board spokesperson
was that , one has been corrected. She referred to our illegal president
and that after probate proceedings in 2013 (meaning 5 years after she got
elected) she is now an owner of record. This is patently false. She would
have needed to resign from the Board first and then run in her first legitimate
election. She has not done so yet. We contend, any documents signed by her
as president ( and there have been many even before she became president
and as the secretary) can be legally challenged. The other one , CAI was
told, has been addressed by the Board. This is the same Board who has known
about the illegalities of these 2 since 2008. In other words nothing will
change and the HOA games continue.
CAI has recently setup a helpline for homeowners which you can get from
their website and can answer some questions. There was no help available
in this matter as expected.
& energy bids
As readers of this website are aware, we will be facing a 3% increase
in our maintenance fees when our reserves according to the Board are at
their highest in many years. If we consider the age of the building, the
magnitude of the job which is very small and an expected one-bid contract,
the suggested amount of $56,000 seems very high.
We want to stop this unjust increase. To repair the fences would be ok if
the costs are absorbed, but barring that, the interest of the homeowners
should come to the forefront.
We asked Tina, considering the energy company's contract being up in 7 months,
if the Board has started getting bids. The answer was no. When we asked
why, she responded because they want to keep the low price. We asked how
she knows this particular company which happens to be one floor above the
management company, is the cheapest, she stopped answering. We will not
stop pursuing this matter. Also the fence contract should have more bidders
than the usual one-page website with no external links guy. Homeowners should
be outraged and demand that the Board get more bids, so we don’t have
the unjustified 3% increase in our maintenance fees. The management company
after all is a hired hand. Is Tina making all the decisions for them?
As posted here before and many homeowners are aware of, our energy
company which is basically a broker of energy, is located one floor above
our management company. There were no other bids in hiring that company.
The contract is up for renewal next February. When we asked the management
company about any plans to get extra bids this time to find a company with
lower rate, the answer was basically no. Let’s remember we are facing
a 3% increase in our maintenance fees and we thought it would be a good
idea to negate that by getting lower energy prices. Why would anybody be
against that? Shouldn’t keeping the maintenance fees steady an important
objective of our Board who seems hell bent on pleasing the management company?
We say that because the contractor (the one with a one-page website and
no external links) also seems to follow the management company at the exclusion
of other bids and the Board has no objection to it.
This is only the result of one-sided HOA laws giving the power to the common
man with no independent agency to supervise him and expecting fair results.
Homeowners will end up paying for in this non-competitive bidding environment.
True & documented-Questions
about management company mishandling money-video
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As visitors to this site are aware, the homeowner in the Annual
Meeting had talked about changing our bylaws. She had “taken the lead”
to change our bylaws so that if 80% of the homeowners wanted to sell the
rest 20% would have to sell also. Currently its 100% meaning everybody would
have to agree to sell. As how commonplace and presumably good this was she
brought an example of a condo about 3 miles from us. We got some information
of 3 of the former residents who had lived in that complex. They said that
they were basically robbed and were very resentful of the fact that they
did not have any say in the matter. They believed they could have got a
lot more for their property but were forced to sell. They had maintained
their property for years , just to see it taken away from them with no input
from them, the owner. All this comes as a result of , in our opinion, not
getting involved. The one thing that developers, and people who have interest
in changing the bylaws regarding sale of the property as a whole, prefer,
is a lack of homeowner participation. The less information about the process
and its consequences the better and faster the process would work for them.
They’d rather the bylaws be changed with no problem and of course
legally ( to withstand a possible fight in court),with minimum homeowner
participation and without light shining on the process. Just have the homeowners
look at the finished process and abide by it.
As far as we know most people here would rather the property not be sold
at all. This is a great place to live with properties appreciating more
and more everyday. If there is a sale, it would be the responsibility and
decision of its owner and nobody else. This right should stay with the homeowner
throughout his/her ownership. Anything less than that , like losing your
rights to sell or hold as you please is Un-American and not to mention costly
to the owner.
As posted a few months ago here, the Chevron station at the corner
was demolished. It is rumored a bank will be put in its place. As we see
another multi-million dollar project being built within walking distance
from us, it also shows the loaded 80% project. We refer to the efforts of
this homeowner who keeps attacking our property values at the Annual meetings
with the blessing of the Board. Every day there is construction going on
around us and this homeowner wants to reduce the requirement of selling
our property as a whole from 100% approval to 80%. We ask again, what is
her motivation? Why does the Board sits in silence ,letting her lecturing
us? She wants to show us how we can get rid of our prime property by agreeing
that with only 80% approval of homeowners , the rest would have to sell.
This sounds ridiculous at the least and questions(several types) at the
We just had another Annual Meeting with some concerning news. The illegal
president gave her address. The equally illegal treasurer talked about a
new project. Let’s recall neither one of the 2 were homeowners , or
more specifically owners of record as stated to be a requirement to be a
Board member in Article 3, section 3 of our bylaws when they joined the
Board in 2008. The public records are for everybody to check at County Clerk
downtown. We also witnessed another illegal act. The president switched
his position with the secretary. So the secretary who was illegal to begin
with, was promoted to president. There is nothing in the bylaws that would
suggest this is legal. Of course when they get on the Board without deed,
you don’t expect them to follow anything else in the bylaws. For them
it’s all play is ok at whenever and whatever. They hire one company
and give all the major jobs to him, who still has a one-page website with
no external links, and get on the board violating our bylaws , switch jobs
with each other, redact documents from Hurricane IKE. This is the level
of respect they have for homeowners. The former president according to himself
was intrigued by the job of the secretary so they switched positions! Just
like that. We of course did not have any increase in our maintenance fees
for this year. This makes it a 2% increase for the past 6 years. However,
things are changing. The illegal Board member leading this renovation talked
about the fences. According to him they are in need of repair. He has gotten
a proposal for $56,000. We found out it was from a consultant to the Board.
The bidding hasn’t started and we believe there will be none. There
will be the usual contractor with the familiar trucks that seems to be getting
the major jobs every time. For primarily this he wants to raise our maintenance
fees by 3% for next year. There are no major jobs left here, except to point
to some obscure repair and make us spend $56,000 on it. Why that is all
their bids are on the high side? It wasn’t long ago when we spent
an outrageous amount of $300,000 (plus interest) on our carports that by
many homeowners’ estimates were not worth more than $100,000. In one
sentence they mentioned, we have the highest reserve in many years and then
in the next sentence they say we need to raise the maintenance fees. There
is no need for repairing the fences and subsequent increase of our maintenance
fees. According to them we have the reserve to cover new ones, let alone
a relatively minor repair. The cost should be totally adsorbed with no need
for maintenance fee increase. You can call the Board and let them know you
don’t want your maintenance fees increased.
The most disturbing news from this Annual Meeting was from a homeowner who
single-handedly has decided to wholesale our property. This started 2 years
ago at the January 2013 Annual Homeowner meeting when somebody raised the
issue of selling our property as a whole and in response one homeowner (
a former Board member) declared that if 51% of the homeowners want to sell
, the rest would have to sell. Tina added that she thought it was 75%. Both
of these people should have been very familiar with our bylaws and such
nonsense should have never been introduced. If you recall we consulted our
attorney and found out that our complex is 100% ownership. That means every
one of us individually needs to sign our deed for the whole complex to be
sold. We sent a letter to the homeowners notifying them of this fact. The
next year in January 2014 meeting, the Board who was silent up until then,
was forced to admit that we really are a 100% membership complex. However
a homeowner got up, was given the floor even though she wasn’t running
for any position and told us that she had talked to a developer about buying
our property as a whole. Of course, by her action she was in effect lowering
our property values. By talking to a multi-millionaire (or probably a billionaire)
developer, she was introducing a sense of desperation to the developer.
She is free to sell hers but not make a decision on ours. This homeowner
cited, for example, a run-down complex located near the ____________, who
like ours had a 100% ownership and they changed it to 80% and were able
to sell it! She didn’t even say when this happened. The fact is, we
are still in a seller’s market. Our property is in a prime position
to get the highest value for it. Our property is where at least half a billion
dollars or more worth of construction is going around it right now, with
more to come at our doorsteps. It is located in a prime area of Galleria.
By changing from 100% to 80% as inherently suggested in the meeting, we
could lose 100% control. Why should we do that? Why is she concerned about
the rest of the homeowners? Why can’t the homeowner who wants to sell
her property sell hers and leave the rest of alone to determine our own
price? One would question, what is her motivation for doing this? Why does
the Board let her ramble on about the subject of wholesaling our property
with unlimited time to speak when everybody else has only a minute or so
to speak or ask a question? We don’t need to lose control over our
own property. In the coming months, we could receive a letter from the Board
or some other source telling us some “good news” about an “interested
developer”. This letter could suggest that we could “all make
money” or “we can all easily sell ours with one signature”
by agreeing to change the bylaws and go from 100% to 80%. Nothing can be
further from the truth. Only the owner of the condo can get the highest
value for his/her property. Only the owner knows how much money was put
into it and sells it whenever and for what amount they deem proper. Check
our website, concernedhomeowners.com of a developer who bought a complex
on the West Loop, not far from us with 10% over the appraised value and
not too long ago.
In our case, in our condos for example a 2 bedroom homesteaded condo was
appraised by County Appraisal District at about $67,000 , could be bought
by a developer for $75,000 if we lose 100% control of our condos. Where
in Galleria or any place decent you could move to at that price? Let’s
compare that to the new apartments that are currently built only few feet
away from ours that the starting asking rental price could be $2,000 or
more. Our place could be torn down with brand new modern-looking apartments
built in its place where we could sell ours for half or less of what we
could get for. This is a very special occasion that has come upon us. In
a very short distance between ________ and __________we have seen half a
billion dollars of construction or more being built right in front of our
eyes. There is more planned with 2640, 2650 and even 2411 which are rumored
to be torn down and luxury apartments built in their places. So in essence
we could be looking at a billion dollars’ worth of construction walking
distance to us with ours being the oldest and only multi-owned building
in the neighborhood, but located in a prime location and ripe for new construction.
We could be asking for the highest price for ours but instead what this
homeowner wants could end up being a gift to a developer. It could mean
that you could lose your property for half of what it’s worth. Nobody
can predict the future, but one thing for sure: losing 100% control of the
price of your property can never bring you the full price you deserve for
your condo at this prime location. We don’t need this homeowner’s
input as to how to sell our property, at what price and when. We are all
adult homeowners and we can analyze the market ourselves and determine the
price we could be asking for our condos. Any control less than 100% control
by us, could mean 0% control by us. We think a price of $150,000 for a two
bedroom and $100,000 price for a one bedroom is very reasonable. Some have
even suggested a price of $200,000 for the ones located on ______________.
These figures could go even higher as the new buildings get completed. Please
make sure you come to the next Annual meeting and ask this homeowner to
stop representing you in the sale of your condo .You will not be a winner
if you let a stranger take control of your property and let you lose your
say in this very important matter which is the sale of your own property.
Homeowner participation in the next Annual Meeting is very crucial and in
the meantime you can call the Board and let them know that you and only
you should decide about the sale of your property and no other homeowner.
As this property is coming to end of its natural life, please remember,
that you cannot put your trust in a group of people who redact documents
and disregard our bylaws. This cannot come to a happy and prosperous ending
if you don’t have total control of your own property.
Homeowners who in the past few years running for the Board, have
been familiar with this Committee. This is the “committee” where
homeowners who want to run for the Board first submit their names and then
start campaigning. This is a committee and is supposed to be a group of
people but it was just one person running it for the past few years. One
homeowner told us that by definition this committee was illegal since it
was only one person in it. Before Concerned Homeowners started questioning
the finances and getting into the details of the operations, anybody who
submitted their name and had the “approval” of the Board, won.
After that however, homeowners who submitted their names to this committee
batted zero. It was a sham and in the larger context it was part of what
we saw like, redaction of documents, non-homeowners serve as Board members
(which continues to today), one-bid contracts and so on. Even the person
who was running it , was aware of it but wanted to be there anyway. Her
reasoning was that she was trying to affect positive change. She was trying
to improve maintenance on the ground which she complained to Tina often
with little or no results.
She finally gave up and sold her property last week. It’s a shame
that good hearted people like her have to give up on their own property
because of lack of good upkeep by the management company which is their
main responsibility. She wasn’t trying to make a killing on her property
with all the construction going on around her place. She was just disgusted
and left. Lets vote to get Tina and Company out of here and have a better
management company here. It can only improve our place and bring the values
up even higher. It will be very interesting who the new committee member
will be . It would have to be a person(s) who thinks these are legitimate
committees and that one person can define a committee.
the exit gate
who reside on the property and others might have noticed the repair that
is being done at the exit gate. It happened about 10 days ago when about
2:30AM there was a noise outside and a homeowner got out to see what had
happened. Apparently a tow truck had run over our exit gate trying to get
in. The company was identified by this alert homeowner and even some pictures
taken. It was reported to the management company and because of this homeowner’s
efforts the tow truck’s insurance company is paying for the damages.
The repairs started the next day and most probably without any bids considering
the lapsed time between the incident and the start of the job . The company
that is doing it and probably for about $10,000 or more, is the same company
that has been doing all the work and without any substantial competition.
The same one that has a website without any external links and only a business
card on its only page.
Recently another terrific homeowner did some research on the internet
and sent us some results regarding our management company which included
all , as he put it, “ sorry reviews”. There was not one good
one there. What stood out the most was that the same company was doing other
jobs in other properties , again probably with no other viable competition.
We know that there are some plans to repair the fences and we believe the
same company will get the job for $56,000. This lack of competitive bidding
could bring us another 3% increase in our maintenance fees. We would be
paying the price of what we already should have the money for ( highest
reserve in many years). Please take the time and call the Board and let
them know all cost for this unnecessary repair should be absorbed by the
reserves. We should not have an increase in the maintenance fees in 2016.
True & documented- Video
This happened in Florida. Homeowners accuse condo board
of cashing in on their positions
Apparently the fences that are under consideration for replacement were
not redone after Hurricane Ike. They are the ones in the middle of the buildings.
Not all of them need to be repaired and to do a total redo at this late
stage is just another example of homeowners footing the bill for something
not necessary. Let’s remember the carports that were done for $300,000
when many homeowners and even 1 or 2 professionals commented they were not
worth more than $100,000. What makes it even more outrageous is that this
is the main culprit that is causing the maintenance fee to be increased
by 3%. Please take the time and let the Board know that you do not want
your maintenance fee increased. The reserves that according to them is about
half a million dollars and the highest in many years should cover that.
By the way, why do the Board’s numbers almost always come on the high
True & documented
This happened in Tennessee. 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
Many homeowners , 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
Our developer is long gone , but this quasi government remains and so are
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%. Many 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 Texas over 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
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
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
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
hurricane 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 homeowners
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
Most importantly 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 our
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 email@example.com 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:
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
Concerned Homeowners emailed Tina last week and what we got was a rhetorical
Q. Can homeowners come and inspect (the incumbent’s) deed.
Q. Why can’t we come and inspect the deed?
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 a bank.