Challenge the Unlawful $70/month Special Assessment/Dues Increase

The Issue

The Board of DeCordova Bend Estates Owners' Association, Inc., along with DeCordova Bend Estates Country Club, Inc., has recently imposed an additional $70/month special assessment (e.g. dues increase) on our community members. This decision affects approximately 1,600 member households, totaling an additional $840,000 in financial burdens without the necessary approval from the community members, which is a stark violation of both our Bylaws and the Texas Property Code (TPCL).

Our Association's Bylaws clearly state that any financial imposition of this magnitude must first be approved by a member vote. This safeguard ensures transparency and fairness, protecting us from unilateral financial decisions that can heavily impact our lives. However, in this instance, the Board proceeded without the required vote, effectively bypassing these crucial checks and balances established to uphold our shared interests.

According to the TPCL, Chapter 209 governs the rights of property owners in homeowner associations and requires specific procedures to be adhered to for assessments. By neglecting these procedures, the Board's actions not only contravene our internal guidelines but also breach state law, undermining our trust and financial stability.

The additional $70/month assessment exceeds the combined maximum annual assessment of $208/month effective Feb-01 2023, requiring a majority member vote (Owners' Association Article XIV, Section 4). If the Board imposes it without this vote, it violates the bylaws and TPCL.

Bylaws and TPCL Violations:

  • Owners' Association Article XIV, Section 4: A majority member vote is required to increase the combined maximum assessment in accordance with Article XI - Voting Procedures. The $840,000 assessment, being on top of the maximum, needs this vote.
  • Conduct a member vote with 10–60 days’ notice, ≥ 10% participation (160 members), and ballots, in an open meeting in accordance with TPCL-Sec. 209.0051(e) and Sec. 209.0056. Notice of an Association-wide vote was not properly provided.
  • If the Board levies the assessment without the required member vote, it breaches the bylaws, making the action invalid. The Board cannot bypass the member vote.

It's essential for us as residents to uphold the principles of democratic decision-making within our community. We are calling for the immediate nullification of the $70/month special assessment and require the Board to adhere to the bylaws and Texas Property Code by conducting a legally required vote before imposing such assessments in the future.

Show your support to uphold our rights and demand accountability from the Board. Sign this petition to challenge and nullify the unlawful assessment effectively imposed on us, and ensure future compliance with the legal standards that protect our community.

 

Please help contribute to our legal fund as we challenge this board action. https://www.givesendgo.com/GH5K9

 

avatar of the starter
Drew YorkPetition Starter

397

The Issue

The Board of DeCordova Bend Estates Owners' Association, Inc., along with DeCordova Bend Estates Country Club, Inc., has recently imposed an additional $70/month special assessment (e.g. dues increase) on our community members. This decision affects approximately 1,600 member households, totaling an additional $840,000 in financial burdens without the necessary approval from the community members, which is a stark violation of both our Bylaws and the Texas Property Code (TPCL).

Our Association's Bylaws clearly state that any financial imposition of this magnitude must first be approved by a member vote. This safeguard ensures transparency and fairness, protecting us from unilateral financial decisions that can heavily impact our lives. However, in this instance, the Board proceeded without the required vote, effectively bypassing these crucial checks and balances established to uphold our shared interests.

According to the TPCL, Chapter 209 governs the rights of property owners in homeowner associations and requires specific procedures to be adhered to for assessments. By neglecting these procedures, the Board's actions not only contravene our internal guidelines but also breach state law, undermining our trust and financial stability.

The additional $70/month assessment exceeds the combined maximum annual assessment of $208/month effective Feb-01 2023, requiring a majority member vote (Owners' Association Article XIV, Section 4). If the Board imposes it without this vote, it violates the bylaws and TPCL.

Bylaws and TPCL Violations:

  • Owners' Association Article XIV, Section 4: A majority member vote is required to increase the combined maximum assessment in accordance with Article XI - Voting Procedures. The $840,000 assessment, being on top of the maximum, needs this vote.
  • Conduct a member vote with 10–60 days’ notice, ≥ 10% participation (160 members), and ballots, in an open meeting in accordance with TPCL-Sec. 209.0051(e) and Sec. 209.0056. Notice of an Association-wide vote was not properly provided.
  • If the Board levies the assessment without the required member vote, it breaches the bylaws, making the action invalid. The Board cannot bypass the member vote.

It's essential for us as residents to uphold the principles of democratic decision-making within our community. We are calling for the immediate nullification of the $70/month special assessment and require the Board to adhere to the bylaws and Texas Property Code by conducting a legally required vote before imposing such assessments in the future.

Show your support to uphold our rights and demand accountability from the Board. Sign this petition to challenge and nullify the unlawful assessment effectively imposed on us, and ensure future compliance with the legal standards that protect our community.

 

Please help contribute to our legal fund as we challenge this board action. https://www.givesendgo.com/GH5K9

 

avatar of the starter
Drew YorkPetition Starter

The Decision Makers

DeCordova Bend Estates Owners' Association, Inc
DeCordova Bend Estates Owners' Association, Inc
DeCordova Bend Estates Country Club, Inc
DeCordova Bend Estates Country Club, Inc

Supporter Voices

Petition Updates