Please tell us, cuz we think some funky business going on….

Update: please talk me down or Im going to lose the plot. following is my letter to the board following badhoa advice and their response. Its what every petty dictator would say if an election wasnt a guaranteed win for them. What am I looking at here (besides crazy) and fyi my code citing is NOT incorrect. The law is VERY clear and easy to read. 209.058(c) Ballots: In a property owners' association election, written and signed ballots are not required for uncontested races.

Dear Management and Board,

I am writing to formally object to the unilateral rescheduling of the Association’s Annual Meeting from May 30, 2026 to June 27, 2026, and the reopening of the board candidate solicitation process.

Per the Association’s official Candidate Solicitation Notice, the deadline to submit statements of candidacy was April 27, 2026. Upon the close of that noticed solicitation period, the number of qualified candidates did not exceed the number of open board positions, making this an uncontested election.

The Association’s Bylaws are silent regarding election by acclamation; therefore, Texas Property Code provisions governing uncontested elections apply. Under Texas Property Code §209.0058(c), written and signed ballots are not required for uncontested races. As such, the election process concluded upon the close of the noticed candidacy period.

Neither the Board nor management possesses authority under the Bylaws or Texas Property Code to retroactively reopen a closed solicitation period or restart the election process after the noticed deadline has passed.

Accordingly, I request that the Association cancel the June 27, 2026 extension/restart, proceed with the duly noticed May 30, 2026 Annual Meeting, recognize the qualified candidates who met the April 27, 2026 deadline, and address any remaining vacancy appointments separately in accordance with the Bylaws and Texas Property Code §209.00593(a).

Sincerely,

Response :

The Board of Directors acknowledges receipt of your correspondence objecting to the rescheduling of the annual meeting from May 30, 2026 to June 27, 2026 and to the reopening of candidate solicitation following the April 27, 2026 submission deadline. The Board acted within its authority under the Association’s governing documents and applicable law to reschedule the Annual Meeting and to administer the election process to ensure fairness, member participation and compliance. The annual meeting has been rescheduled to June 27, 2026, with proper notice to be provided in accordance with the governing documents and statutory requirements. The rescheduling was undertaken for notice, quorum, and administrative reasons to facilitate an orderly and compliant meeting.

You have cited Texas Property Code §209.0058(c) regarding ballot requirements for uncontested elections and §209.00593(a) concerning vacancy appointments. At a high level, §209.0058(c) addresses when ballots may not be required if an election is uncontested; however, it does not eliminate the Association’s obligation or authority to hold an annual meeting, provide proper notice, or otherwise administer an election that is consistent with the governing documents. Your assertion that the election “concluded” as of April 27, 2026 is incorrect. The Association may continue or reopen candidate solicitation, or accept additional candidate declarations, as appropriate to ensure member participation and compliance with noticed procedures and statutory notice requirements. Accordingly, the Board has declined your demand to revert the annual meeting date to May 30, 2026 and to seat candidates by acclamation at this time. The annual meeting will proceed on June 27, 2026 (as rescheduled), subject to quorum and all applicable procedures. The Association will follow the governing documents and the Texas Property Code notice requirements for the meeting and election process.

well they did it. After trying to work with this board for 2 years I finally ran. Followed the rules. Then we all got an email this morning saying the annual meeting was rescheduled (cant do that after properly noticed) and that the election process would start over from the begining due to not enough candidates (also cant do that). our texas 209 codes are similar to the sterling...our bylaws are silent on acclamation so by texas code it was an uncontested election. They would rather break the law with full cooperation from management than seat me on the board lmao Beyond that we havent had a board quorum because 3 people quit since jan. No meetings to appoint yet contracts are being signed and extended and paid. Its like a 3rd world dictator saying they have legal elections then always get elected. Sorry had to rant Im so pissed off.

Six stories hit the Frontline this week — fraud, a dues revolt, an appellate ruling, a 44% fee jump, and two collisions between HOA rules and constitutional rights.

A 20-Year Sentence for the HOA Manager Who Funded Her Europe Trips Out of Reserve Accounts

In Harford County, Maryland, 44-year-old Sarah Chester was sentenced to 20 years (with 15 suspended) after pleading guilty to running a years-long Ponzi-style scheme through her management company, Magnolia Properties. Between 2021 and 2025, she siphoned roughly $600,000 from multiple HOAs — funding country club memberships, luxury items, and European vacations — and papered over the theft with forged bank statements and money shuffled between association accounts. Roughly 1,500 residents across more than 250 households were affected. She owes more than $600,000 in restitution.

Read the article:

https://dailyvoice.com/md/dundalk/baltimore-county-hoa-boss-looted-neighbors-for-luxe-life-euro-vacays-in-600k-ponzi-scam/

Our Take:

We've seen this pattern more times than we'd like. The mechanics are almost always the same — a single person controlling the books, no independent review, board members who trust the manager and never ask for raw bank statements. If you're on a board, or you're an owner who asks polite questions and never gets straight answers, that's the red flag.

Pull bank statements directly from the bank — not summaries the manager prepares — and reconcile them against the ledger. When the books "balance" only because someone is moving money between accounts, that's the moment you want a forensic accountant and a lawyer who handles fiduciary cases in your state.

HOA Dues Just Jumped 44% in a Single Year — And the Real Story Is the Reserves

New data from HOA management software company Vantaca shows median annual HOA dues climbed to $757 in 2025 — a 44% jump from the roughly $500 figure that had held steady for years. The driver is mostly reserves. After decades of underfunding, boards across the country are catching up at the same time insurance, repair, and disaster-recovery costs are spiking. Special assessments are climbing too — nearly 10% of HOAs imposed one last year (up from 7.8% in 2021), with a median bill of $1,100. Roughly 20 million Americans live in association-governed homes.

Read the article:

https://www.indexbox.io/blog/hidden-costs-of-homeownership-hoa-fees-surge-44-in-2025/

Our Take:

A jump like this is rarely a board "deciding" to raise dues. What usually happens here is that the reserve study has been quietly screaming for years and someone finally read it.

Start with your governing documents and your reserve study — both should be available to owners. Look at the funding percentage and the planned contribution schedule. If your board is rolling out a sharp increase, ask for the underlying calculations in writing and compare them to the last study.

There's a fuller breakdown of how special assessments actually work and what owners can push back on here:

https://www.lscarlsonlaw.com/articles/florida-hoa-special-assessments-homeowner-rights

When self-help has run its course — when the numbers don't add up, when the board refuses to share the analysis, when the vote was procedurally suspect — that's when counsel earns their keep.

Killearn Lakes Tried to More Than Double Dues — Then Pulled the Vote Five Days Early

Killearn Lakes, a sprawling Tallahassee community, proposed raising annual dues from $120 to $250 (or $268 for lakefront lots). It would have been only the second increase in 42 years.

A vote was scheduled for May 19. Then, on May 14, the board officially voted to postpone, citing the need for a "revised implementation timeline." Proxy-voting confusion and resident pushback dominated the lead-up. The new effective date has not been announced.

Read the article:

https://www.tallahassee.com/videos/news/local/2026/05/18/residents-revolt-over-killearn-lakes-dues/90147114007/

Our Take:

Boards pulling a big number like this typically count on homeowners not having time to read the bylaws on quorum and proxy procedure before the vote.

Whether an increase like this is even procedurally valid usually comes down to the governing documents — what notice was required, how proxies have to be issued and revoked, what percentage of owners need to vote, whether dues caps apply.

A short letter from a group of owners asking the board to explain the math (reserve study, recent capital needs, why this number) and the procedural authority for the vote often changes the dynamic.

If a rescheduled vote comes back with the same number and the same procedural problems, that's when it's worth talking to a local HOA attorney — particularly in Florida, where Chapter 720 sets specific notice and meeting requirements.

Arizona Appellate Court Draws a Bright Line: Boards Can't Vote in Executive Session

The Arizona Court of Appeals (Division 1) issued a ruling in A Z N H Revocable Trust v. Sunland Springs Village HOA, interpreting A.R.S. § 33-1804 — the state's HOA open meeting statute.

The court read "consideration" in the statute to cover discussion and deliberation only, not voting. Translation: boards can deliberate in executive session on narrow enumerated topics (legal advice, pending litigation, sensitive personal information), but votes and formal action have to happen in open meetings where members can speak first.

The court also pushed back on vague closed-session agendas, saying members are entitled to enough detail to know what's actually being discussed.

Read the article:

https://www.swlaw.com/publication/arizona-court-of-appeals-clarifies-homeowners-association-open-meeting-requirements/

Our Take:

There's a common arc to disputes like this. A board "discusses" something behind closed doors, emerges, and announces a decision with no recorded vote — and members find out when the invoice arrives or the rule changes.

The fix is procedural. Document your position in a brief, direct letter to the board asking how and where a specific action was authorized, request the minutes, and watch the next meeting agenda for any required ratification.

Signs this may need a lawyer's eye:

• The board refuses to produce minutes

• Executive-session agendas are stuffed with generic items

• Spending and rule changes keep materializing without a recorded open-meeting vote

For the California version of this exact problem:

https://www.lscarlsonlaw.com/articles/when-the-lights-go-off-california-hoa-open-meeting-laws

Can an HOA Force You to Take Down a Flag Honoring a Fallen Officer? Ohio's Senate Just Answered.

Ohio's SB 202 — named the Chief Steven DiSario Act after a Kirkersville officer killed in the line of duty in 2017 — passed the Ohio Senate unanimously this week.

The bill would prohibit HOAs, condominium associations, landlords, mobile home parks, and neighborhood groups from banning the thin blue line flag displayed via flagpole, window, or bracket.

Steven DiSario's father Tom drove the legislation after their HOA demanded in 2022 that he take down the flag he had flown since his son's funeral.

The bill is narrow: it covers the thin blue line flag specifically, alongside existing Ohio protections for the U.S., state, POW/MIA, and military flags. Other first-responder flags aren't included.

SB 202 heads to the Ohio House next, then to Governor DeWine's desk.

Read the article:

https://fox8.com/news/ohio-senate-passes-bill-banning-hoas-from-prohibiting-thin-blue-line-flags/amp/

Our Take:

This shows up more often than people realize — boards or management companies sending takedown letters over flags, signs, or yard displays owners feel strongly about.

The pattern is almost always the same: a single complaint, a board member who reads the CC&Rs broadly, and a citation to a rule that doesn't quite say what the letter implies.

Check what the bylaws and CC&Rs actually say about flags before assuming the rule applies — and check state law, because many state HOA statutes already protect at least the U.S. and state flags.

If a written request asking the board to identify the specific governing-document provision goes unanswered, or if fines begin piling up while owners wait on legislation, that may be the moment outside help makes sense.

A New Firearms Ban in Port St. Lucie Is Testing How Far an HOA's Authority Reaches

The Tradition Community Association in Port St. Lucie, Florida, banned firearms and weapons across all common areas — Town Hall, Tradition Square, the gazebo, splash pad, tot lot, dog park, trails, and stormwater areas.

The policy applies to all residents, including those with valid concealed carry permits.

Exceptions:

• Private rights-of-way

• Sidewalks

• Vehicles

• Law enforcement

Port St. Lucie Councilman Anthony Bonna called the policy an infringement on Second Amendment rights and said he plans to challenge it.

Police Chief Leo Niemczyk noted that violations of the HOA rule aren't criminal — city officers enforce state law, not association rules.

Read the article:

https://www.wflx.com/2026/05/18/tradition-hoa-bans-firearms-common-areas-sparking-debate-pushback-port-st-lucie-official/

Our Take:

This is textbook tension between private association authority and state-law rights — and Florida is a particularly interesting venue, where preemption questions around firearm regulation tend to draw careful scrutiny.

Read the section of the bylaws the board is citing; sometimes the actual rule is narrower than the press release or the violation letter makes it sound.

The practical reality is the one the police chief flagged: an HOA rule isn't a criminal statute, so enforcement against owners would generally run through fines, suspension of common-area privileges, or civil action — not arrest.

When fines start stacking, common-area access is suspended, or the association moves toward foreclosure-style remedies, that's the moment to talk to a local attorney about state preemption specifically.

Worth watching how the city's challenge plays out; cases like this often turn on whether the rule is being enforced uniformly and consistently.

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We’ve had quite a few people ask if there was a way to get our weekly HOA Frontline articles delivered directly to their inbox. So, we finally did something about it.

We just launched a Substack for anyone who wants a weekly dose of HOA Frontline without having to go looking for it each week.

If you’d like to subscribe, here’s the link:
https://open.substack.com/pub/lscarlsonlaw/p/hoa-frontline-weekly-fraud-fee-hikes

(small edit: I in general dislike Facebook but if I need to post something like a dog is out or I have a neighbors package it's the only option at the moment)

I'm still working the timeline. However, my HOA banned me from Facebook after they told me "they had no obligation to notify me but they were being nice by doing so that if I didn't mow my yard in two weeks they'd send someone, charge me for it or put a lien on my house"

(Side note, I wasn't home for two weeks because of work training, and it rained so hard during those days that the creek in the back was about 70-100 feet from my back fence. I think it rained 6 or so days during my absence, but I'll get the actual weather report. luckily my house sitter sent me a photo of the flooding)

I basically posted the processes currently documented that they do have to give notice. At least two and how I was disappointed that I was getting that kind of treatment rather than a "hey neighbor you're lawn needs trimmed do you have plans to do that soon?" Just instantly "we're sending someone over and you're going to pay for it" (I'd give the screenshot of it ... but ya know banned lol)

Also I made the post because I assume if I'm getting this treatment others might too and they should know that they absolutely need to be notified before the HOA sends someone to do something to their yard and then charge them for it.

Our board has two remaining members a husband and wife and they are the President and Treasurer.

I have requested access twice. One they denied and the other is still pending.

There is more context to this story, but I'm still working on making it concise and I don't want to dump a book here haha.

My solution is the covenant needs updating anyway. I just want to get 12 houses to call a special meeting and then go door to door to reduce the number of laws that are either irrelevant or problem makers.

We had mediation with our HOA. We came to an agreement that included payment. The HOA has not paid. We used a very qualified mediator four out of the five board members plus their attorney were in attendance, only one signed the agreement. Has anybody else had trouble collecting payment on a signed agreement?

This may seem like a stupid question so forgive me in advance. We inherited a managment company when our last was bought out. We have now been fully "captured" within this managment company. We currently have an inexperience board. I don't believe any board member has ever met or corresponded directly with our HOA attourney. They are a partner of the managment company (also hosts their parties and training hello conflict). Almost everything goes through our manager (idiot) including legal. If there's a question it goes to her and from her to attourney then filters back that way with an answer. I'm sure that most of the things they "send to legal" they believe a lawyer is looking at but just administrative tasks the manager (or one of their numerous depts) do. We get billed extra for that by the way but beside the point. Basically my question is....is that normal procedure or another part of the capture? I'm thinking the later but would like to know from any board or former board members what your experience was regarding those interactions. Thanks in advance!

Has anyone successfully replaced legal counsel for their HOA. I can use tips on starting this process. The majority of members. Far more than half support this.