HOAs put homes with late feed up auction in TX

Learn something new every day!

 

Agreed!!!

 

I remember about 5 years or so ago South Riding attempted to do this. There was quite a public outcry about it.

 

I would also like to add that nowhere does it say what the HOA dues are. When my MIL was alive and living over at Lesiureworld. it would have only taken her 3 months to get $1000 behind in HOA dues

 

http://www.dallasnews.com/sharedcon...DN-HOAs_28tex.ART.State.Edition1.4a8a51a.html

Proposed constitutional amendment would prohibit HOA foreclosures

[SIZE=-1]12:00 AM CST on Saturday, February 28, 2009

[/SIZE] [SIZE=-1]By TERRENCE STUTZ / The Dallas Morning News
tstutz@dallasnews.com [/SIZE] AUSTIN – Homeowners associations in Texas would lose their power to foreclose on individual homeowners for nonpayment of dues and other fees under a proposed constitutional amendment filed Friday by a Dallas-area lawmaker.
The amendment and companion legislation by Rep. Burt Solomons, R-Carrollton, would provide more rights and protections for homeowners in HOA neighborhoods – including thousands in North Texas and across the state who have faced losing their homes for not paying dues.
"Things have gotten out of control with homeowners associations," Solomons said. "It's amazing that the courts have allowed them to foreclose on homesteads for something as minor as getting behind on association dues. ... We have to restore some balance."
There are an estimated 20,000 homeowners associations in Texas.
Solomons said the plight of many Texans in HOAs has been illustrated in news stories, such as when a Frisco homeowner was threatened with fines by his association in August for parking his Ford F-150 pickup in his driveway. HOA rules there required that nonluxury trucks be kept in the garage.
"Some of the requirements are excessive. Are you really going to fine somebody because their fence is six inches too high?" Solomons asked.
Rick Stopfer, an Irving City Council member and longtime board member for the Valley Ranch homeowners association, said the constitutional amendment would cripple the ability of HOAs to carry out their responsibilities.
"People agree to pay certain dues and fees when they become a homeowner in a community with an association. There has to be some type of penalty for those who are not willing to abide by the agreement," he said.
Solomons' proposal, which is expected to be opposed by HOA groups, would submit a constitutional amendment to Texas voters that would prohibit foreclosures by associations on homesteads within their jurisdiction.
That foreclosure authority dates to a 1987 ruling by the Texas Supreme Court. Texas is one of only a handful of states that allows HOAs to foreclose on members.
The amendment states that a homestead within an HOA would be "protected from forced sale for the payment of a debt" to the association. It would allow an association to place a lien on the property, which would entitle it to payment once the house is voluntarily sold by the owner.
A companion bill filed by Solomons would revamp the state's homeowners association laws, giving homeowners access to HOA meetings and records and requiring fair and transparent elections of homeowner boards.
His bill also would take aim at associations that prohibit use of solar panels by homeowners – a rule that Solomons said is out of step with current efforts to switch to more environmentally friendly types of energy.
Sen. Royce West, D-Dallas, is carrying similar legislation in the Senate.
Stopfer said he could not recall any instance where a Valley Ranch homeowner was forced to give up his home for nonpayment of dues or fees. Where there are problems, he added, a payment plan can typically be set up.
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As a former resident I can tell you that this is SO Texas! "HOA rules there required that nonluxury trucks be kept in the garage."

 

wow, just did some quick googling on this subject -- Texas is messed up on this issue. The state laws are all in favor of HOA management industry to make additional $$$ on this process. By Texas law the HOA can foreclose and sell your house without notifying you. There is no lower limit on the amount "due" and any amount due can be increased with lawyer fees that the owner does not have to be notified of (one story where a $200 amount due grew to $4k with lawyer fees so just paying the $200 does not wipe out the lien). One story of a homeowner being foreclosed for $100 -- sounds unbelievable but the HOA management company was owned by the person who ran the law firm that was "processing" the unpaid amount and foreclosure for additional fee/profit.

Its sooo out of whack it's amazing.

 

The moral of this story..

Broadlands HOA is fabulous!! (and I'm not just saying that b/c i am $1000 behind on my dues... ha!)

 

You will be expected to vacate by Monday.... didn't anyone give you the message?

 

Hell NO I won't go!!!

I rigged my house with buckets of hot water and stink beetles- it's all the rage around here...

AGRESSIVE HOME OWNERS REFUSE TO LEAVE

 

Yeah kind of like some of us in Southernwalk and live in a Courtyard home, who pay >$265 a month in HOA fees, but we share (not own) the Openband Infrastructure

 

I don't know Redon1, the new folks are moving in next Wednesday!

 

guess we'll have to go squat in a house that's being foreclosed on then... sigh.

 

ummm- we won't have to worry about me squatting since the thought of snakes will give me a deadly heart attack. :scaredeyes:

problem solved- my relatives can assume my debt.

 

So you are saying that it is a good thing to foreclose on someones home who may have lost their job in a crappy economy, instead of making sure you get paid once that person has a job again? Putting a family on the street for 1000 lousy bucks?

I think this is a ridiculous idea. The fact that the HOA can put a lien on my house if I break the rules is also ridiculous. There are other ways to enforce rules, it's what the legal system is all about. I am of the opinion that HOAs in general have way too much power, and this is just another example of it.

Marianne

 

Oh, like that's so easy to do. I really don't mean that in a snotty way but in this housing market that's easier said than done. Still, I do know someone who did just that. They had variable interest rate and a no payment type plan and when it all came due they simple hadn't saved the money to pay it - I have no idea why they were so unprepared. Luckily they were able to sell their house (at a loss) and find someplace less expensive to start over.

Whether or not you or I personally agree with them, many people see paying the electric and gas bills and feeding their families as WAY more important than paying some HOA dues for mowing the common area and providing a pool. I think that's the mindset, not that I agree. But I imagine that if I were in a similar situation that the HOA fees would be at the bottom of my list. When times get rough people have to make decisions that they would not normally make. You're on the HOA board (and that's a good thing) but outside of people active within the HOA system it just isn't as important to people.

I really do agree with you, though. You made the agreement to pay when you purchased the home. But then you also made the agreement to pay your credit cards when you got them but many many people don't do that either. It ain't pretty.