Texas HOA's: what's wrong with this picture?

What is it about "freedom-loving" Texans that tolerates the covenants, conditions, and restrictions of Home Owners Associations (HOA's)? We've all heard the nightmares...

Houston condo owners sued their HOA board after foreclosures, a big assessment and other issues. But state law gives them few options. https://www.houstonchronicle.c... via @houstonchron

And for some reason, the current legislation du jour is...

'Positively un-Texan:' Republicans look to rein in HOA restrictions on religious symbols https://www.houstonchronicle.c... via @houstonchron

HOA's occupy an odd public-private fusion, with some aspects being similar to special districts such as being required to respond to Open Records Requests [Reference 1], while in other ways being regarded private property with the privacy protections accorded [Reference 2].

So unless a lawsuit is filed, how can HOA residents determine that their HOA, and more importantly the management company, is actually following the law? What government entity oversees them and, for example, has the power to inspect that they actually counted the ballots in an election properly? Think through the following scenario with me...

A number of residents in an HOA are extremely angry with the management company. The Board Members that are supposed to direct the company are actually being instructed in what to do. This is common as they are volunteers, and the management company has all of the experience and knowledge. Furthermore, the management company is also the entity that hired the lawyer that's supposed to advise them on what is law and policy. An election with a slate of challengers from among the angry residents is held. The management company counts the ballots and reports results. If the new slate is elected, the company will likely lose the contract. What do you think happens?

In the first example of HOA abuse above (the Houston Chronicle article), the residents are actively being defrauded...And Texas has thus far done nothing to stop it. Why? There's an organization representing HOA's that lobbies the legislature [Reference 3]. Or perhaps it's better to say the organization represents HOA management companies. Residents themselves don't actually have representation in balancing this already offset power dynamic.

Why do I bring this up? I live in an HOA, and like many others have experienced what I feel is targeted harassment. In the most recent Board election, residents were given names on a ballot with identifiers for incumbents. That's it. No more information until I complained. Long story short, I ended up doing my own research, and I discovered (A) that one of our HOA Board members was registered to vote at another address outside of the neighborhood, (B) another Board member was not listed as a homeowner in the Harris County Tax Assessor's database in violation of the HOA's rules if correct, and (C) also a Board member wasn't in any database (voter, tax, nor even the HOA's own directory) making her questionable as a resident at all. This felt like woeful injustice to someone who's been threatened with a fine for having holiday clingforms in the windows out-of-season.

So I pointed this out to my neighbors on Facebook...and was then suspended from accessing the group...By Board Member A, one of the group's administrators. Then a neighbor who has a special hate on for yours truly went into the group and wrote multiple misrepresentations, particularly maligning the tax database and my interpretation of the Texas Election Code as a form of personal insult to me. I couldn't respond due to Board Member A's suspension. See what I mean by "targeted harassment"?

At this point, an email was rapidly written by the HOA's management company and distributed to all residents saying that "a resident" has no idea what she's talking about. Clearly the email did not go to the management company's lawyer, because otherwise he could have looked at Title 2, Chapter 11 of the Texas Election Code [Reference 4]. (Maligning-neighbor "works at a law firm", so of course she knows and I don't. It's not like I never worked as an Election Judge or anything.)

So now, I'm looking at the following situation: If Board Member A lives at the address she registered to vote at, she's not qualified to be on the Board. Board Member A is still on the Board, and has been for a number of years, presumably before this residency change. Board Member A appears to have committed a crime. Allegedly. So does that then mean that the management company, other Board members, and the HOA's legal council are aiding an abetting in this potentially illegal activity? Allegedly?

And that doesn't address the issue that, apparently, two non-homeowners are on the HOA Board in violation of its rules. Rules that have a curious history of extreme ranges in interpretation.

So, dear reader, what should be done?

References
[1] https://texas.public.law/statu...
[2] https://www.chron.com/neighbor...
[3] https://www.txcommunityassocia...
[4] https://statutes.capitol.texas...

Note: I get along swimmingly with all my nearby neighbors. Just some people can't stand an insufferable-know-it-all, I guess.

Elizabeth Jensen, PhD, PE, CSP
Referee PAC
https://refpac.org