Villages of Westcreek (Center: seller, advertise, services)

[GoinRogue]

Originally Posted by SilverCreek78250

Just something to consider: If you are looking at something under the sunshine laws regarding open meetings (that apply to government entities) generally speaking, anytime there is a quorum of the board, that is considered a meeting, and that actually includes e-mail. I know, it sounds crazy.

If your HOA had a rule against meetings not being closed to the residents, then your board of directors could not stand out in front of their homes and have a conversation for fear that someone might accidentally bring up something related to the business of the board. A co-worker of mine sits on a school board in SA and he was cautioning me on all of these things when I first started on our board. It wasn't until I got it cleared up through our lawyer and Community Manager that I understood HOA's do not have the same restrictions.

If I'm not mistaken, the only mandatory meeting for residents (unless your by-laws say otherwise) is the annual membership meeting where you have elections.

The other option (which is crappy) is that your board could hold the monthly meeting, open to all the residents, call the meeting to order, then promptly vote to go into executive session, thereby sending the residents home. I know, that is pretty crappy if they do that.

Hope the info helps. And of course, your by-laws may vary.

I am wondering why you are weighing in on matters of Westcreek's HOA if you are on the board of another HOA. In any case, a quorum does not include emails. The state laws have not been amended to include "emailing" as a recognized forum. You mention restrictions of which I am not sure of what you refer. As a Texas non-profit Westcreek's HOA, Texas statutes and codes apply and to say the statues and codes don't apply, is a gross misstatement. For example, Vernon's Civil Statutes Title 32, Texas Property Code, Texas Business & Commerce Code. Then, of course, you have certain Federal statues and codes, i.e. the IRS Code. Westcreek HOA is incorporated by the laws of the State of Texas as a non-profit and is situated in the extra territorial jurisdiction of the city of San Antonio. What you are stating is not accurate and you should not be posting as if it were an absolute. As I stated in the beginning and not to be disrespectful, I am wondering why your interest.

[GoinRogue]

Originally Posted by SilverCreek78250

I can't offer any legal advice and more importantly, without knowing your associations by-laws, it is tough to say. I do believe though that HOA's do not fall under the governmental rules of open meeting acts. I can also tell you that our HOA does not require an attorney to be present at Executive Board Meetings.

We hold Executive board meetings (which are not open to the residents) once a month and then we have a regular open board meeting where the public is encouraged (but usually they don't) attend once a month. The homeowners are also encouraged to sign-up to speak on any topic before we call the meeting to order (This is usually where people gripe about stuff that doesn't fall under the purview of the board to do anything about), and then they can also sign up to speak during the meeting about specific topics that will be discussed on the agenda.

We also hold an annual meeting of the membership (the residents) where elections are held. Sadly, we have not been able to get a quorum during the past two years. Makes the elections invalid.

Bottom line: Check your HOA By Laws. I would assume they are posted on your HOA web page, and if not, probably should be.

You are right, if you are not an attorney, you can't offer legal advice since that would be the unauthorized practice of law, which can carry criminal penalities in the State of Texas.

[THE COMMON MAN]

Originally Posted by GoinRogue

I am wondering why you are weighing in on matters of Westcreek's HOA if you are on the board of another HOA. In any case, a quorum does not include emails. The state laws have not been amended to include "emailing" as a recognized forum. You mention restrictions of which I am not sure of what you refer. As a Texas non-profit Westcreek's HOA, Texas statutes and codes apply and to say the statues and codes don't apply, is a gross misstatement. For example, Vernon's Civil Statutes Title 32, Texas Property Code, Texas Business & Commerce Code. Then, of course, you have certain Federal statues and codes, i.e. the IRS Code. Westcreek HOA is incorporated by the laws of the State of Texas as a non-profit and is situated in the extra territorial jurisdiction of the city of San Antonio. What you are stating is not accurate and you should not be posting as if it were an absolute. As I stated in the beginning and not to be disrespectful, I am wondering why your interest.

Since you seem to be the only one offering "legal advice" on this forum, what legal background do you have? Have you attended the BOD meetings and addressed your concerns to the BOD? I have seen only two attorneys at the HOA meetings and both worked for the BOD.

[SilverCreek78250]

Originally Posted by GoinRogue

You are right, if you are not an attorney, you can't offer legal advice since that would be the unauthorized practice of law, which can carry criminal penalities in the State of Texas.

Hey guy - just trying to offer some input - the sharing of ideas. I've made it pretty clear that I'm not a lawyer and equally not familiar with VOWC's particular by-laws.

I offer the same sort of non-professional input when it comes to places to eat too. My only interest here (as in other threads) is the free exchange of ideas. You and the other people in this thread are free to read it or not, agree with it or not, and as in your case, suggest it is in error.

Hopefully, nobody is getting their legal advice from a free resource like CDF.

[RGJ]

Originally Posted by SilverCreek78250

Hey guy - just trying to offer some input - the sharing of ideas. I've made it pretty clear that I'm not a lawyer and equally not familiar with VOWC's particular by-laws.

I offer the same sort of non-professional input when it comes to places to eat too. My only interest here (as in other threads) is the free exchange of ideas. You and the other people in this thread are free to read it or not, agree with it or not, and as in your case, suggest it is in error.

Hopefully, nobody is getting their legal advice from a free resource like CDF.

I think input from other people is good, especially someone who is associated with another HOA. Otherwise, the thread should read VOWC homeowner's only

[Steel Man]

Originally Posted by GoinRogue

You are right, if you are not an attorney, you can't offer legal advice since that would be the unauthorized practice of law, which can carry criminal penalities in the State of Texas.

Where did you get this? If you don't claim to be a lawyer or represent someone in legal proceedings then it is not illegal. You could apply your same faulty logic to any subject like home or car repair, etc..

[GoinRogue]

Originally Posted by THE COMMON MAN

Since you seem to be the only one offering "legal advice" on this forum, what legal background do you have? Have you attended the BOD meetings and addressed your concerns to the BOD? I have seen only two attorneys at the HOA meetings and both worked for the BOD.

Guess you missed the meetings attended by the homeowner that is an attorney not working for the BOD. Or maybe you never thought that some of your neighbors may actually be attorneys. Now, that's not to say that I am an attorney because I'm not, but I do know the homeowner that is an attorney. He and his wife are neighbors and very good friends.

[GoinRogue]

Originally Posted by Steel Man

Where did you get this? If you don't claim to be a lawyer or represent someone in legal proceedings then it is not illegal. You could apply your same faulty logic to any subject like home or car repair, etc..

Home or car repair is not any kind of comparison. In Texas, only members of the State Bar and other persons who comply with the Texas Supreme Court's rules regarding the practice of law may practice law in Texas. Anyone can change the oil in a car and replace a light bulb in a home. It has nothing to do with "claiming" to be a lawyer. Sure you can't represent anyone but yourself in a legal proceeding, but the practice of law goes further than saying your a lawyer or representing someone in a legal proceeding. If you don't believe me, ask a lawyer.

[THE COMMON MAN]

Originally Posted by GoinRogue

Guess you missed the meetings attended by the homeowner that is an attorney not working for the BOD. Or maybe you never thought that some of your neighbors may actually be attorneys. Now, that's not to say that I am an attorney because I'm not, but I do know the homeowner that is an attorney. He and his wife are neighbors and very good friends.

They say if it walks like a duck and talks like a duck, it's probably a duck.

[wellguy]

Originally Posted by GoinRogue

I am wondering why you are weighing in on matters of Westcreek's HOA if you are on the board of another HOA. In any case, a quorum does not include emails. The state laws have not been amended to include "emailing" as a recognized forum. You mention restrictions of which I am not sure of what you refer. As a Texas non-profit Westcreek's HOA, Texas statutes and codes apply and to say the statues and codes don't apply, is a gross misstatement. For example, Vernon's Civil Statutes Title 32, Texas Property Code, Texas Business & Commerce Code. Then, of course, you have certain Federal statues and codes, i.e. the IRS Code. Westcreek HOA is incorporated by the laws of the State of Texas as a non-profit and is situated in the extra territorial jurisdiction of the city of San Antonio. What you are stating is not accurate and you should not be posting as if it were an absolute. As I stated in the beginning and not to be disrespectful, I am wondering why your interest.

GoinRogue- After reading some of what Silver Creek 78250 had to say on several issues I am the one that prompted SilverCreek78250 to reply. I asked several questions and due to SilverCreek78250's knowledge as a BOD Member he was kind enough to answer what I asked. I assure you there is no "butting in" on SilverCreek78250's part.

We need to think about this. You know as well as I how hard it has been to get our own BOD to respond to our emails (for those of you that don't know I did get a lame answer that I will be glad to share if you send me your info). What does it say when our own BOD will not reply but someone from another HOA BOD will? To me it says that there is a willingness for advice but more than that, an understanding of our plight.

SilverCreek78250- I Thank You for your input /suggestions (I know it's not legal advice)/ knowledge. Feel free to reply to any post on this forum. To the rest of us include myself, WE need to be appreciative and also realize that anyone from another Subdivision, HOA, BOD, City, State, or Country can post on this forum. If WE sit back and read other's posts WE may walk away with a little more knowledge than what we logged on with.