Reply With Quote
A Muslim buying his house sounds kind of poetic.
Hey! I don't like what you're implying here. States rights, woot!!
A Muslim buying his house sounds kind of poetic.
This is the actual problem here...
In addition to representing Dallas, Carona owns the largest HOA management company in the country — Associa, which has more than 100 offices, 6,000 employees and 7,000 HOA clients in 30 states and Mexico.
I think that his wife was home when the mail was delivered but she was like depressed and worried about her husband overseas and did not check the mail and it just piled up on the table. She was too stupid of a frau to realize she had bills to pay.
In a sense.....its kinda their fault.
I agree with the others that the wife is dumb, but picture it this way:
What if he was a single captain, and had to deploy at short notice to a remote area? The HOA might not know, or the Capt might not have had time to contact them. 2 mos is not a lot of leeway, and then the Capt's house would have been sold all the same.
It's nearly the same situation, except in one instance there was someone capable of opening up the mail, and no one capable in the 2nd. The actions taken by the HOA are the same in both instances.
This was in regards to the idea that if homeowners don't like the prevalance of HOA, they can look somewhere else for a place to live.
Kind of a stretch, LnGrrrR; especially for you.
Anyway, I had no trouble finding a non-HOA subdivision. And, not all HOA's are as prickish as the one in the story. Otherwise, we'd be hearing about these cases all the time.
$3600 annually on a $300,000 home?
I'd like to see the list of amenities for that price.
Admittedly. I was trying for tongue-in-cheek; obviously missed the mark with some people. I just think the whole "If they don't like it, they can move/find another place" answer has its logical limits.
Thanks for this mention. To be honest, I wasn't aware how prevalent/evil these HOAs were. That's why my comment was purposefully snarky; needed some backtrack room.
Really? I hear about disputes with HOAs all the time over here. Not as serious as this one, but I know at least 3 people that are currently litigating their Condo Associations.
"Not as serious as this one..." was the point I was making. It's because of all the other nonsense HOA's bring to the table that I specifically avoided them.
Get. The. Law. Changed.
That's ed up. We actually have a very weak HOA, dues are $29 per year and basically the only rule is no trailers although the guy across the street from me has one on the back of his property for his pet illegal alien to live in but you can't see it from the road so nobody cares.
I don't understand why his house wasn't protected by the homestead law.
Texas homestead law exempts qualifying real property from forced sale by general creditors. In Texas, every family and every single adult person is en led to a homestead exempt from seizure for claims of creditors, except for en brances properly fixed on homestead property.(2) Traditionally, courts have liberally construed the homestead protections in the accomplishment of their objective....
2. A homestead may be subjected to forced sale only for debts for (i) purchase money, (ii) taxes due on the homestead, (iii) work and material used in constructing improvements made thereon, (iv) an owelty of par ion imposed against the entirety of the property by a court order or by a written agreement of the parties to the par ion, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding, (v) the refinance of a lien against homestead, including a federal tax lien resulting from the tax debt of both spouses, if the homestead is a family homestead, or from the tax debt of the owner, and (vi) a home equity loan meeting the conditions of Section 50(a)(6). Tex. Const. art. XVI, § 50 (Vernon Supp. 1999); Tex. Prop. Code Ann. § 41.001(b). ( Vernon Supp. 1999).
http://library.findlaw.com/1999/Oct/1/126857.html#N_2_
Because the HOA laws in the state allow the lien on the house and sale without an actual judge being involved, which precludes any kind of defense.
Well that's just beyond ed up. Hopefully his case forces the legilature to change the law. Luckily he has some legal recourse because of the federal Servicemembers Civil Relief Act.
The HOA has hired a public relations firm to defend their actions because they are recieving death threats...
http://www.thonline.com/article.cfm?id=287409
Their argument isn't getting any sympathy from me.
It's very sad that those pieces of have only received the threats.
No one would make money for nothing if the law changed...as WC so kindly pointed out these laws represent "legitimate ventures" by proper business folk. Why would you want to impose a law to stop them from getting money and property they are en led to not out of fairness or logic...but by finely worded black ink?
...?
I didn't say anything snarky.
I merely noted that there is a Republican state senator who just happens to run the largest HOA management company in the country.
If it will make you less butt-hurt that a Republican just *might* be corrupt and/or push legislation through that benefit his particular business interest over the public good, I would also note that the effort to reform the law noted in the article was also led by a Republican.
Here is one for ya.
More horror stories regarding HOA's and texas. Not seizures but fines and levies and so forth, causing all sorts of problems.
http://askinglaw.com/tag/texas-hoa-law/
Here is another for a non-profit organization put together to get reform:
http://www.texashoareform.org/
For those unfamiliar with where to find Texas state laws here is the link, and it includes a mildly useful search function.
http://www.statutes.legis.state.tx.us/Index.aspx
le 2, Chapter 5 of the Property Code deals with "Conveyances", i.e. required notices, and contains the first real mention.
Sec. 5.012 of the Property Code details the required notice:
le 11 of the Property Code deals with Restrictive covenantsNOTICE OF MEMBERSHIP IN PROPERTY OWNERS' ASSOCIATION CONCERNING THE PROPERTY AT (street address) (name of residential community)
As a purchaser of property in the residential community in which this property is located, you are obligated to be a member of a property owners' association. Restrictive covenants governing the use and occupancy of the property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk.
You are obligated to pay assessments to the property owners' association. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of your property.
PROPERTY CODE
LE 11. RESTRICTIVE COVENANTS
CHAPTER 204. POWERS OF PROPERTY OWNERS' ASSOCIATION RELATING TO RESTRICTIVE COVENANTS IN CERTAIN SUBDIVISIONS
http://www.statutes.legis.state.tx.u...htm/PR.204.htm
The crux of the powers do not seem to be specifically spelled out, but seem to be rather clearly implied.
Sec. 204.010. POWERS OF PROPERTY OWNERS' ASSOCIATION.
"any manner" here seems to include "nonjudicial foreclosure". This is not explicitly stated, but implied.(a) ... the property owners' association... may: (12) charge costs to an owner's assessment account and collect the costs in any manner provided in the restrictions for the collection of assessments; [emphasis mine-RG]
Further implication of this power is stated in the following section:
PROPERTY CODE
LE 11. RESTRICTIVE COVENANTS
CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT
The law does carry some limits to the covenants and powers though:Sec. 209.008. ATTORNEY'S FEES.(f) If the dedicatory instrument or restrictions of an association allow for nonjudicial foreclosure, the amount of attorney's fees that a property owners' association may include in a nonjudicial foreclosure sale for an indebtedness covered by a property owners' association's assessment lien is limited to...
http://www.statutes.legis.state.tx.u...htm/PR.202.htm
Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED.
and
One actual protection built into Chapter 209 is that foreclosure is NOT allowed in the even of fines from an association.
There may be more to it, but that is what I could find.
aha it's the evil corporations again.
What more do dumb people need if they aren't going to read and understand?
There are currently 1 users browsing this thread. (0 members and 1 guests)
Posting Permissions
