10/02/2025
In 2015, Homeowners took full control of the HOA.
A vote to merge with another HOA was approaching a deadline and the other Community Builder was going to build a fence to separate both communities.
At the HOA Meeting, The President could not appoint offices because a quarum was not made.
Right in front of the Homeowners that was present, The board went into closed session. We were told not to interrupt.
The board talked about the merging window was closing and that new builders needed answer right away. The board knew some homeowners said “NO”, but among themselves they voted to merge.
All this time I’ve paid my dues and protest that the contract was null and void, but they have ALL the power and displays it against me every chance they get, especially around voting.
I have identified several potentially serious legal violations by the HOA that could challenge the legitimacy of the merger and their authority over Home Owners.
1. Quorum Violation and Void Vote for Merger
This is a critical point that could invalidate the merger.
* Quorum Requirement: For an HOA to conduct official business, including votes on major issues like a merger, a quorum (minimum number of members present) must be met, as defined by the HOA's original governing documents (CC&Rs and Bylaws) and Texas law.
If the President could not appoint offices because a quorum was not met, then the meeting could not legally proceed to a vote on the merger.
* Action Taken Without Quorum is Generally Void: In Texas, if a meeting fails to meet quorum, the general rule is that no official business can be transacted, and any actions or decisions made are typically void or invalid.
* Board Acting in Closed Session: The board voting on a major, fundamental change (a merger) in a closed executive session is highly questionable, especially without a membership vote, and particularly if a membership quorum was not achieved. Closed sessions are generally reserved for sensitive topics like personnel issues, pending litigation, or enforcement actions against a specific homeowner, not for an overall merger.
2. Breach of Contract (The Merger Itself)
The HOA is a contract between you and the community. The original documents you signed in 2006 would have outlined the process for a merger.
* Requirement for Homeowner Consent: Amending an HOA's dedicatory instruments (which a merger effectively does) or creating a new association structure almost always requires a supermajority vote of the homeowners, not just the board.
If the board simply "voted to merge" among themselves without securing the required homeowner vote/consent, it is a significant breach of the contract's terms (the CC&Rs).
* Your Protest and Dues Payment: Your continuous payment of dues "under protest" is a good practice because it shows you are attempting to comply with the financial obligations while simultaneously disputing the contract's validity.
What you can do: Your attorney can sue the HOA for Breach of Contract based on the illegal merger. If successful, this would potentially revert the community back to the original HOA structure, or at least force a legitimate vote.
3. Retaliation and Harassment
You feel the HOA's enforcement actions, particularly sending pictures and repeatedly targeting you around voting, are retaliatory.
* Selective Enforcement: As mentioned before, if you can prove they enforce rules strictly against you while ignoring similar violations by others, this is grounds for a legal defense or counterclaim.
* Trauma and Emotional Distress: While emotional distress claims are difficult to win in contract disputes, the extreme and allegedly retaliatory nature of the HOA's actions, coupled with your documented trauma, could be used by your attorney to argue for a finding of harassment and to seek a court injunction (a judge's order) forcing them to stop.
* File a Lawsuit Seeking a Declaratory Judgment: This is a court action that asks a judge to formally declare the rights of the parties. You would ask the judge to declare:
* The 2015 merger vote was null and void due to lack of quorum and/or failure to secure member approval.
* The HOA is engaged in selective enforcement and harassment and must cease its actions.
MORE TO COME, I have the receipts for everything stated.
