Texas HOA screwing over a soldier

Shamantaco · Joined: 14 Jul 2007 Posts: 903 Location: Michigan

Now, I understand this really isn't completely Texas' fault, but it was still something done by people in Texas. It does not seem fair at all that because somebody missed home-owners-association (HOA) dues twice, that their house is auctioned off for barely 1% of what it is worth, even though it is fully paid off. Despite some efforts in the Texas House to reform this problem, the Senate is not passing any proposal.

What this specific HOA did was illegal, but the same scenario could still happen to somebody who has to leave the country for business, or somebody who takes a long mission trip somewhere or something (a doctor doing pro-bono work in africa for example) and there would be absolutely nothing that they could do about it.

I'm not arguing against HOAs (though they do seem a bit silly), I am however arguing against the amount of power they have. Some people in Texas fear big government? To me, the power of home owners associations is a more pressing concern. Article in the link.

http://www.npr.org/templates/story/story.php?storyId=128078864

Allen · Joined: 22 Aug 2009 Posts: 324

The captain is going to win the house back because there is a nice sheet of paper we sign before deployments that states any foreclosure towards your home is waved if you are serving over seas and the hoa had to let him pay off his debts to them, just another example of how the government doesn't care about anyone but themselves and their buddies in the hoa

Dicerollr · **Posted:** Wed Jun 30, 2010 8:06 am

If you knew you were going to go, why not either:

a: Notify the association and make arrangements
b: Pay in advance
c: Have someone you know/trust make the payments.

I'm sure the guy had some disposable income seeing as though he didn't have a mortgage. I'm not saying what happened was right, but did he take any responsibility?

Belatucadros · **Posted:** Wed Jun 30, 2010 9:45 am

Even though you can blame the HOA, I know that when I got my townhouse, the condominium association was part of the sale agreement and if I don't pay them, it's considered the same as not paying my mortgage and they can take the necessary steps. Not sure about how it is in Texas, but by this it seems similar. Even so, 2 months and that happens? That seems a bit odd, unless there's a much longer history of it. There was a woman who lived in a condo below some relatives of mine who hadn't paid her condo fees in about a year and they still hadn't done anything to her. But like I said, the laws I guess are different and much stricter in Texas. The fact that it's a soldier I feel has nothing to do with it. They still need to pay their bills like everyone else. That said, 2 months and taking your home seems a bit harsh to me.

Kylee · Joined: 16 Jul 2007 Posts: 264

This smells fishy.

I know for sure this cannot happen in Georgia. Here, all the HOA can do is put a lien on your house. Basically that just means you cannot sell the property until the debt is paid.

I'll have to send this to my buddy who is on his subdivisions HOA. Still looks like a load of crap though...

Shamantaco · Joined: 14 Jul 2007 Posts: 903 Location: Michigan

Well it's not so much that the HOA was outside of their rights, but that they shouldn't be allowed to take their house. I think they should absolutely be allowed to fine him or something, but foreclosing on a $300,000 dollar home for $3,500 in dues and legal fees is absolutely absurd.

If he just recently bought the house, and he had a huge debt, I might understand their actions, but this guy paid off his house. That they did this to a soldier especially enraged me, but that they would be allowed to do it to anyone for such a small offense is infuriating.

Lrah · **Posted:** Wed Jun 30, 2010 4:32 pm

Moral of the story.... DONT BUY A HOUSE IN A COMUNITY WHERE THERE IS A MANDATORY HOA... I would NEVER let anyone have that kind of control over my proprety... When I was house hunting it was an automatic pass if the proprety had a mandatory community or HO association...

Nuyawka · Joined: 21 Jul 2009 Posts: 231 Location: Virginia Beach, VA

Lrah wrote:

Moral of the story.... DONT BUY A HOUSE IN A COMUNITY WHERE THERE IS A MANDATORY HOA... I would NEVER let anyone have that kind of control over my proprety... When I was house hunting it was an automatic pass if the proprety had a mandatory community or HO association...

I agree with Ray 100%. The community where I live has an optional HOA for stuff like pool memberships and use of the clubhouse. I decline and they have zero say over what color my house is, how tall my fences are or whether I mow my grass.

I see how HOA's can be useful in certain situations, but Ray is right...mandatory HOA means on to the next listing for me.