Failure to disclose the wall and tree repair costs to home buyers defrauded those buyers out of the opportunity to have the sellers pay for those costs. Attempting to get a bank loan to facilitate this fraud without telling the bank of the disputes involved is bank fraud. Now notified, the need to protect themselves from civil suit and criminal prosecution presents our HOA Board with a conflict of interest that renders them unfit to represent the homeowner members. The above actions were taken without discussion or support from the homeowner/members, and were spearheaded by Board members anticipating significant increases in their property values. Other concerns include a selective enforcement of CCRs, and failure to follow the bylaws. This Board needs removal and replacement.
Provisions for removal and replacement initiated by the homeowners do not exist in our bylaws, so we default to Texas law which provides for their removal and replacement by demanding the scheduling and holding of a special meeting in which the homeowner/members can vote to remove and replace them.
