Saturday, January 31, 2009

1-31-2009 - Generic Threat Letter

I recently got this letter from the Property Management Company and HOA. Notice it is directed to "Resident". Notice it is vague, with a list of violations of which I may have been notified in previous months. It threatens all residents with these violations with legal fees "up to $5000".

Nice, except that this document violates Texas Property Code, see below:

Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION. (a) Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail, return receipt requested.

(b) The notice must:

(1) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner; and

(2) inform the owner that the owner:

(A) is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; and

(B) may request a hearing under Section 209.007 on or before the 30th day after the date the owner receives the notice.

-Ok, me again. This is the third time I've gotten mail from the association, threatening to sue me, not sent Certified Mail, Return Receipt.



The picture above links to a 2 page PDF. The second page is a flyer for Burns Under Pressure. The association is recommending them for pressure washing and other tasks.

So, what to do about this:

1. Contact Real Manage (Info), ask them why they aren't following the rules and regulations.

2. File an Online Complaint with the Texas State Attorney General's office. The HOA and Real Manage have to follow the rules.