In the latest move in a two-year fight between homeowners and developers, Meritage Homes of Scottsdale, AZ teamed with Renroc Development LLC, owned by Rocco "Rockey" Piazza of Lakeway, TX to oust the homeowner board of the Bella Montagna Homeowners Association (HOA) in Lakeway, TX.
The July 28, recall election comes in the wake of attempts by the homeowner board to collect more than $250,000 in delinquent fees and late charges and the developers refusal to complete construction of the community. Moreover, the board had hired a forensic accountant to look into whether misappropriation of funds and financial mismanagement occurred during the time Meritage Homes and Renroc controlled the HOA. With the recall of the HOA board, Meritage Homes and Renroc are
now in a position to stop efforts to collect delinquent fees and to determine whether financial improprieties occurred when they controlled the HOA.
In an ironic twist, Meritage and Renroc used a recently enacted Texas law that allows homeowners who are delinquent in payment of their HOA fees to vote in HOA elections in order to protect their property rights.
Meritage and Renroc have turned this new law on its head. Theyve used the ability of delinquent developers to vote in our HOA election to remove the owner board that tried to collect those fees and pursue claims of misappropriation of funds and financial malfeasance against them, said John Oliveri, vice-president of the owner board and an attorney specializing in HOA-related law.
The recall is nothing more than a blatant attempt to suppress the allegations against them and make the lawsuit quietly disappear by electing their hand selected nominees to the board of directors, he said.
The recall election is the latest move in a two-year battle between homeowners and developers in the community.in early Renroc abruptly disbanded the previous unelected board after homeowners questioned why Meritage and Renroc had never paid annual HOA fees and failed to hold any annual meetings as required under the governing documents of the HOA.in June the homeowners elected their own board whereupon Meritage announced it would not complete development of the community and the owners would have to finish the community amenities themselves.
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