Reply With Quote
If it happened to me I might actually do that.
I avoided buying a house anywhere with an HOA because I didn't want to get permission to plant a tree, paint my house etc. I had no idea they had that kind of power.
That sort of gets people killed.
If it happened to me I might actually do that.
I avoided buying a house anywhere with an HOA because I didn't want to get permission to plant a tree, paint my house etc. I had no idea they had that kind of power.
It should, but it won't. Raiding what's probably a man's life savings over $600 and a technicality should be punishable by death. The world ain't fair though.
Kill them and blame it on PTSD. What I do not understand is why the lady did not pay it off when the first notice came along. My guess is that there are notice requirements in the law where they have to spell out exactly what the HOA is going to do.
That said, the law has to change. People can argue that there needs to be less regulation but we have laws to protect us not make us homeless. If these people had gone a year without paying and a judgment is obtained I would give the HOA some la ude. But being able to sell property without a court order seems like a cons utional violation to me. Deprivation of property without due process of law if you ask me.
I had no clue HOA had that kind of power. I have no clue why anyone would want to live in that kind of neighborhood. They are all over Plano and Allen. I thought is was sort of a waste of money in the first place, you know for some kids to swim in a public pool, some cut grass, keep the poor folks out ( O,poor folks can't afford 300,000 homes) that sort of thing but now I am just floored! FLOORED!!!!!!!!!!!!!!!!!!!!!!!!It should, but it won't. Raiding what's probably a man's life savings over $600 and a technicality should be punishable by death. The world ain't fair though.
Are you familiar with adhesion contracts? These people don't sound like morons. They had paid off a 300,000 dollar house. I would bet most people on here have not paid off that kind of debt.
Sadly, most people can't afford to buy a nice home that is not a part of a neighborhood with a HOA. Like the article said, there are over 30,000 in 1100 municipalities.
On a side note, I have prevailed several times under the Servicemember Civil relief Act. It depends on venue but if you can get a promilitary judge, you are usually in pretty good shape. If not, try it to a jury.
How about we strive for fair contracts? Not contracts that stipulate that a $600 debt can foreclose a $300,000 house, and invite a scam where the house gets auctioned for $3,500 and some shark turns around and sells it for $100,000...
If you don't think there has to be some kind of regulation there, then you need to get yourself checked.
My god. You cannot mix emotion with law.
I agree it shouldn't happen. Problem is, you create other problems when you protect people from their own stupidity.
Tell me, how would you craft a law that would not encroach on other people's legitimate ventures?
I honestly thought he mistyped. It's really hard to fathom that there are s like him running around this world.
In a nuts , you don't know what an adhesion contract is...
Furthermore, if you agree it shouldn't happen, there's ways to prevent them, and that's called legislation. Both you and I know that much.
So are you implying they couldn't have bought a house in a different location under different rules?
I'm implying that swindling a serviceman of his life savings off a $600 debt should be catalogued as fraud by any sane person. And if that's not coded in law, then it should be. Legitimate venture my ass.
OK, I'm like the poster child for conservative/libertarian values but I'm calling bull on this one. They should get their house back. No question. They will when it goes to court but it should have never happened. THEN they need to find the connection between the buyer of the house and the HOA and put those suckers in jail. Maybe just a couple years of getting their assholes stretched but they need to set an example. That is just wrong.
Give me a break this is not emotion. There is no justice or equity in taking a $300,000 home for a $600.00 payment to the HOA.
Every citizen is en led to the protection of the 14th amendment which protects us from states depriving us of life, liberty and property without due process.
Do you believe that being able to obtain a lien and order to sell real property without a judge's signature doesn't violate the 14th amendment?
This is a stupid law that does not protect the people. This guy should be celebrated in his return from serving his country, not fighting to regain his property.
nevermind
If you Texans had one shred of political will to get something changed, this would be it.
Unbelievable.
For two ing months?!
Outrage, wouldnt roll anywhere else.
I'll tell you how I would draft the law governing a HOA taking a judgment against a homeowner.
1. If a HO does fails to pay monthly dues for 3 consecutive months, an action can be brough in the circuit court.
2. Notice must be given to the HO that an action for recovery of fees has been brought against them.
3. HO shall have the opportunity to pay the fees in full plus the costs of filing the pe ion (no atty fees).
4. If HO is unable to pay, judgment will be granted in favor of the HOA
5. Judgment in a civil court shall cons ute a lien upon the real property
6. Under the HOA Act, HOA cannot pe ion for a writ to sale real property until the lien has been in effect for one year.
7. If at the end of one year, if the dues have not been paid in full for each and every month, HOA can pe ion the court for writ to sale the real property of HO.
8. HO has until the date of sale to pay in full, all liens and court costs.
9. Atty fees will not be awarded for any portion of this action.
10. Any provision of the HOA contract that a judge rules to be invalid may invalidate the contract in its entirety.
How is that. Everyone can be happy.
WC is right. As sick as it makes me, you don't give someone the right to sell your $300,000 home so they can collect $600. I am disgusted by this but the dumbasses did sign on. I do hope someones gets thier ass killed over this though.
Read about this in the DMN last Saturday. Pretty sad. But Texas loves their HOA to be strong. Will of the people.
Luckily they have not kicked his family out on the streets (yet). And the muslim who bought their house and sold it for incredible profit allowed them to nix the sale provided he got his original money back IIRC.
That's not entirely true. HOA's can and will change their rules and regulations (cons utions) from time to time, determined solely by board members. To compound the problem, the vast majority of the boards are very secretive about their rules and votes. Even selling your house sometimes is very difficult, especially if you're in the middle of litigation with the HOA.
Here's a small primer from yahoo.com that should be mandatory reading...
Do you have an iPhone or any other similar device? Did you read through the entire contract before you accepted it? How about when they put out patches? Do you read through the entire contract before you accept? (Note: I believe last time Apple pushed a patch, the contract was roughly 64 pages.)
Right on! And couldn't those darkies all just move to Northern states if they were tired of Southern states using Jim Crow laws?
I'm not saying HOA's don't have some value if managed properly. I intentionally bought in an area without one. It's a little pocket area in north central SA surrounded by normal subdivisions but our lots are a lot bigger (one acre plus). A coyote bought a house/lot two doors down from me and moved in about a dozen travel trailers in his back yard for the s to lay over in. There wasn't a ing thing we could do about it. City of SA didn't give a . Feds/ICE didn't give a .
I think it sucks and, yes, I think if they can find a way to void the contract, they should...but:
1) Read every contract you sign. If you don't like the terms, don't sign it.
2) I heard the soldier was home the entire time letter were being mailed to the residence; they just weren't opened until after he was deployed.
WTF? I'm not familiar with African-Americans being willing parties to either the drafting, passing, or enforcement of Jim Crow laws.Right on! And couldn't those darkies all just move to Northern states if they were tired of Southern states using Jim Crow laws?
I guess we could have asked Senator Byrd but, alas, that's no longer possible.
There are currently 1 users browsing this thread. (0 members and 1 guests)
Posting Permissions
