Roberts Realty Advisors Inc. Billy Roberts P.O. Box 820323 Dallas, Tx 75382 Unethical Billing Practices, Falsehoods, Threats of Legal Action and Intimidation Fort Worth , Texas

Dear Mr. Guerra: 

There are many good property managers who righteously and selflessly manage many communities and HOA's without a complaint.

I know for a fact that every HOA/Townhome community must have at least one open homeowner's meeting per year, per Texas statue. Every homeowner is entitiled to copies of the financials. These meetings must have notices sent out to all homeowners no less than ten (10) days prior to the meeting date.

All HOA's must abide by the Texas Open Meetings Act. All HOA's must abide by the Texas Condominium Act. You may obtain a copy of the Texas Condominium Act by a simple online search. This act was revised by the Texas Legislature and enacted effective January 1, 2012. The reason for the revision was due to hundreds if not thousands of Texas homeowners complaints about abuse and misuse of HOA's homeowners and the funds they pay into by the very people they hired to manage their properties. 

Living in an HOA can be a beautiful life, or a nightmare. It all depends on who is running the operation. Hiring a property manager is in many cases a good idea. Whatever you do, get out meet your neighbors, know who is on the board, have current financials. If you don't have them ASK for them because by LAW they have to provide you with them whether you are on the board or not. 

If I may make one last suggestion, get on the board and take back the checkbook from the property manager. At best, take away their check signing privelidge, let them write the checks and bring them to the board to be signed by not one but two parties. 

Remember the property manager works for YOU and the other homeowners it's not the other way around. If you are unsuccessful in any one or all of these suggestions, get a lawyer. 

Good Luck!

Robin

During the closing process of your home, you would have been provided a copy of the HOA declarations which explicitly include the amount of HOA assessments which are typically due monthly or annually. If they are due monthly, it is generally the homeowner's responsibility to send in payments to the management company whether a statement is received or not. Generally speaking, if the homeowner does not know who the management company is, they should contact a board member or the board of directors. Typically HOA declarations provide for finance charges and late fees to be assessed in the event of non payment. These situations are really no different than car loans, credit cards, or even mortgage notes. They are explicitly due each and every month regardless of whether you receive a statement. If you call your credit card company and say you didn't make a payment for a year because you didn't know who to send the payment to, they're probably going to say, 'Not our problem. You knew you owed the money and you failed to pay it.' Bottom line is, it's your responsibility as a homeowner to know who to send payments to. Again, if you don't know how to contact the management company, you MUST contact the board/board of directors. For the sake of disclosure, I am not affiliated with this management firm. I simply stumbled upon this report and felt maybe I could provide some insight/direction to your problem.