The Tupca Review

Texas Uniform Planned Community Act
A proposed bill -- this proposed bill not good for homeowners.

THAG

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This entry was posted on 3/24/2006 3:59 PM and is filed under The Texas Homeowner's Advocate Group.

Did you know there is a state-wide homeowners advocate group you can contact if you are having difficulty with your homeowner association or if you just want to be a part of a group that will keep you up-to-date with homeowner issues?  (It is free--just email harvellajones@yahoo.com and write SUBSCRIBE in the subject.)
 

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    Page: 1 of 1
    • 6/29/2006 8:48 AM responsible_dvlpmnt wrote:
      Harvella,

      I just read your TUPCA review and find it very compelling. I started a group here in Sienna Plantation to address developer issues and land use in our community. After turning in a petition of over 1100+ signatures to the local developer-backed mayor and council in Mo-City, against the proposed land use, I was hit with a SLAPP-suit for my efforts which has cost us approx. 40-50k in the first year (we did file a counter-suit, SLAPP-back). I joined the THAG group and keep a contact list of about 1600-1700 residents and run a website here to get the word out at http://missouricitychatter.blogspot.com.

      My wife and I are college professors and find what is going on to us almost surreal. I sit on the local school districts academic advisory committee and our community charity foundation (SPCSF) that was set-up by the same developer who is suing us (he uses the money for some of the neighborhood amenities--we usually vote on it after, even though the HOA, the charity and the developer are suppose to be separate entities with separate boards). About a month ago we found out that the homeowner we nominated to chair the advisory committee was actually employed, against charter rules, by the HOA (board/developer run) for his position as a "volunteer" on the modifications committee (oversees covenant enforcement). When I tried to confront him over this, because I had nominated him to the position at the time and thought he was a friend and independent of the developer, he became very defensive and denied being an employee (several times, but we have documentation). A few days after a phone call from him, which I kept an audio file of, I received a threatening lawyer letter from Marc Markel (our HOA & Charity legal rep.) stating that if I continued to discuss these matters along selective covenant restrictions against our group and a former nominee to this charity group that they would kick me off the committee for cause (violation of inappropriate use of the committee e-mail). I responded that the discussions we had were an extension of the last meeting and that he was incorrect in his interpretation of the charter as it applied to my conversation with the other committee members.

      I forwarded his letter and my response to my attorney. Any advice on this would be appreciated. I don't think I've violated any rules discussing these issues as the charter outlines these things as our responsibility. I feel this is all an extension of the harassment we've been going through from the developer via the SLAPP-suit he instituted and we continue to fight against Johnson Development Co. of Houston. . .(btw, we have filed a fraud, trade deception, negligence & harassment counter suit in Feb. '06---they had filed their initial defamation case in Dec. '05 following a discovery phase that was appealed to the TX Supremes to no avail.).
      Reply to this
      1. 6/29/2006 10:11 PM Harvella Jones wrote:
        Please continue to keep everyone informed regarding this situation.  It is quite serious.  May God bless you and your family. 
        Reply to this

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