To: Texas Senate
SUBCOMMITTEE: Property Owners' Associations
TIME & DATE: 9:30AM, Tuesday, May 28, 2002
PLACE: E1.028, (Capitol Extension that is connected underground to the capitol's north side)
CHAIR: Senator Jon Lindsay
I am referring primarily to subdivisions with no gates, clubhouses, parks or pools, and no real property in common with the other "owners". Drainage Easements or public roadway medians do not equate to owning “real property”, nor do these elements justify the existence of mandatory Memberships and Dues payments.
largest builders in North America have built many neighborhoods without any
common properties, yet they impose the same boilerplate mandatory association
rules on the purchasers of basic housing. I
cannot see the need for mandatory associations when there is no real property.
When the developer “turns over” the association to the homeowners,
there should be a universal standard for homeowners where they ratify the rules
and adopt the existence of a mandatory Homeowners Association BY VOTE of the
property owners. At
least 51% of the property owners should be required to approve the extension of
the Mandatory Association, and Ratification of the rules.
MANDATORY PARTICIPATION of the owners, with an approval rating of at
least 51% of ALL OWNERS should be required to establish a mandatory Association
after the developer’s control ends.
that a universal expiration of developer-created Mandatory Associations in
non-Gated communities would put an end to the vast majority of the horror
stories we have heard. These huge housing mills turn out neighborhoods
where the laws of the land (The CC&R’s) have neither been ratified by
those governed, nor were they created by duly elected representatives of those
governed. We have unknowingly
entered into agreements to pay eternal servitude to Dictatorships controlled by
the Management industry and foreclosure predators.
THIS IS UNCONSCIONABLE and must be declared as such with LEGISLATION!!!
ask that the legislature place a burden on - US - the current property owners
living in these associations. Please!!!
Association Management industry has declared that we “Voluntarily agreed” to
the terms and conditions found in these Mandatory Homeowners Associations.
Since we allegedly agreed and moved into them voluntarily - knowing what
we were getting into – and the vast majority of us “Love our Associations”
(I heard CAI Lawyer William Gammon Say “95%” in Testimony at this hearing),
then we will surely flock to the polls to save them from extinction!
people living in mandated associations must have the responsibility to
periodically participate in them, or lose the privilege of wielding the powers
of Private Government. These
regimes must be wanted and fully supported by 51% of the owners.
The will of the people should be measured at least once every 5 years and
- IF participation to this extent is not possible due to apathy or dissent of
the majority, then abolish the powers of Government from these unpopular and
unsupported Mandatory Associations as the rule, not the exception.
ask that, as a solution to the growing problem of un-wanted mandatory
Associations, This Legislature should declare that automatic renewals for all
Mandatory Associations are Unconscionable as a consequence of perpetuities
(Violates Article 1 section 26 of the Texas Constitution).
All Mandatory Association renewals should require a majority Vote of the
owners as a universal standard.
Coalition of Homeowners for Rights and Education