Dear George: "I have a homeowner in our subdivision who is always trying to start trouble. The latest event involved a copy of the minutes of the homeowner association posted on the bulletin board. Included in the minutes is the date and time of the next meeting. The meetings are every other month. I had a conflict on the date of the next meeting. I polled the board members. We agreed to change the date to 2 days earlier than the date on the bulletin. I then posted a notice of the meeting the day before the meeting on the bulletin board. This homeowner was furious! He stated that according to Texas Law I have to post a change of notice more than 72 hours before the meeting. Is he correct?" -- HOA Prez

Dear HOA Prez: I served as the president of a condominium homeowner association for nearly five years. Generally, the association documents provide the notice requirements pertaining to board meetings. In my situation it was to Condominium Declaration as well as the by-laws of the association that were the governing documents.

A Declaration of Covenants, Conditions and Restrictions might govern other associations, together with association by-laws. If the association is a "civic club" or "opt-in" membership, there may be a different set of rules. I do recommend, however, that you (as well as the other officers) fully familiarize yourselves with any and all documents dealing with association by-laws, organization, and any declarations. Your association attorney should advise you regarding the requirements for conducting the association's business.

Dear George: "My husband and I are selling our home in Detroit. It is located approximately two miles from the Detroit River. We received two offers on our home. We accepted one. Then came the inspection. We were told we had 'toxic black mold.' Needless to say, the deal fell through. I spoke with my city inspector. There was no mold noted in his report. He suggested that I contact the city health department. I plan to do that. I've also done some research on the Internet. The 'toxic' mold the private real estate inspector reported was in our basement. The basement is painted concrete block walls. The floor is poured concrete. Can a private inspector be sued for malpractice or misrepresentation? Any information you can provide will be much appreciated." -- Distraught in Detroit

Dear Distraught: "Black Mold," also known as "Stachybotrys chartarum," has caused quite a national stir in the past two years. However, it has been around for a much longer time. Molds containing certain mycotoxins have been blamed for "...unique or rare, health conditions such as pulmonary hemorrhage or memory loss." According to the Centers for Disease Control and Prevention ("CDC"), "...a causal link between the presence of the toxic mold and these conditions has not been proven." For additional information, you might wish to check out the following Internet Sites: CDC, EPA, and FEMA.

It should be noted that molds may cause severe allergic reactions in certain individuals.

As to your possible rights and remedies, please consult an attorney or legal clinic in your community.

Dear George: "I am trying to sell my home in Brazil. Do you have any ideas as to where I can get assistance? Are there any real estate pages that are international?" -- Property in Brazil

Dear Property in Brazil: Try the Certified International Property Specialist ("CIPS") site. CIPS is an affiliated group of the National Association of Realtors.

Dear George: "I've paid off the mortgage on my house. The mortgage company sent my original promissory note back to me. Is this all the paperwork I need when I sell the house?" -- Debtless But Doubting

Dear Debtless: A promissory note marked "paid" by the mortgage lender is a good thing. However, someone needs to verify that the release of lien document has also been filed. Such documents are filed in the Real Property Records of the county in which your property is located. The Title Company or your attorney should advise you regarding the filing process.

Dear George: "My mother-in-law has owned her home for more than 56 years. A few weeks ago we received a notice from the railroad. It stated it was selling the portion of my mother-in-law's lot that it owns. She has used that portion as a driveway for more than 7 years. Isn't she entitled to have full ownership through the adverse possession law? I know that I'll need a lawyer. I'm not sure how to locate the right lawyer who can 'spell things out for me.' Can you help me understand the Texas adverse possession law?" -- Daughter-in-law

Dear Daughter-in-law: Only an attorney can "explain" the Texas adverse possession statutes. My attorney tells me there are three, five, and ten-year Texas statutes dealing with adverse possession. He also informs me that to accomplish ownership through adverse possession is a fairly complicated procedure.

The Real Estate Center at Texas A & M provides many useful publications. Among them is an article by a staff attorney dealing with adverse possession, "Fences and Adverse Possession" by Judon Fambrough. It is a free download. To locate an attorney, access the website of the State Bar of Texas. This site is especially helpful. It provides information about lawyer referral services. It also lists legal services organizations that can help if a person has a very modest or low income.

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George Stephens welcomes your questions by e-mail. Because of the volume of mail received, questions cannot be answered individually. Mr. Stephens is not a lawyer and this column does not contain legal advice. If you wish to obtain legal advice, please consult with an attorney or legal clinic.

Published: November 23, 2001

Use of this article without permission is a violation of federal copyright laws.

George C. Stephens, CRB is the Broker of deRaat Stephens, Inc. dba ERA Stephens Properties and the Director of Compliance for eRealty, Inc. Stephens served as 1998 Chairman of the 13,000+ member Houston Association of REALTORS® and is the Vice Chairman of HAR’s wholly owned subsidiary, e-Har, Inc. He is the 2001 Secretary/Treasurer of the 50,000+ member Texas Association of REALTORS® and TAR’s 2002 Chairman-Elect. Stephens holds a Texas Real Estate Broker license as well as a Texas Mortgage Broker License.