Homeowner associations are run by cats

[Oggie]

Because they are evil.

Especially in Texas, even if you own your home free-and-clear, a homeowners' association can foreclose on your house for unpaid association dues or fines.

Something to think about before you buy a house that has an association linked to it.

Capt. Mike Clauer was serving in Iraq last year as company commander of an Army National Guard unit assigned to escort convoys. It was exceedingly dangerous work — explosive devices buried in the road were a constant threat to the lives of Clauer and his men.

He was halfway through his deployment when he got a bolt from the blue — a frantic phone call from his wife, May, back in Texas.

"She was bawling on the phone and was telling me that the HOA [homeowners association] had foreclosed on our house, and it was sold," he says. "And I couldn't believe that could even happen."

Clauer had a hard time understanding what his wife was saying. His $300,000 house was already completely paid for. Could it be possible that their home was foreclosed on and sold because his wife had missed two payments of their HOA dues?

In many states it is not difficult for an HOA to foreclose on a member's home for past dues even if the amount owed is just a few hundred dollars.

"I was really in a hurry trying to get home before my family was living on the streets," Clauer says.

Sold For A Steal

But by the time he got back to Texas, it was too late. The Clauers' four-bedroom, 3,500-square-foot home had been sold on the courthouse steps for just $3,500 — enough to cover outstanding HOA dues and legal costs.

The new owner quickly sold it for $135,000 and netted a tidy profit.

More at the National Public Radio site: http://www.npr.org/templates/story/s...r---=128078864

[bergere]

The HOA's shouldn't be able to do that. That can't be legal!!

[Common Tator]

Boy, that is really awful!

[colourfaste]

Originally Posted by bergere

The HOA's shouldn't be able to do that. That can't be legal!!

It is quite legal, but not, as some would have one believe, immediate. First there is a late notice sent, then in 30 to 60 days (depends on state law, in FL it's 30 days for condo associations and 45 for homeowners assoc.) an Intent to File Lien is sent to the owner; then again 30 to 60 days from the ITL, the lien is filed with the court (with notice of the lien sent to the owner by the court); finally after ANOTHER 30 to 60 days, if the owner hasn't cleared up the issue at this point, the HOA files a motion to foreclose on the lien which takes another 60 to 360 days.

So while the OP's story makes for great sensationalised reading, there is MUCH missing.

[6e]

That's awful!!! Another reason I will never live in a subdivision or any place where an "association" decides what happens to your house and property.

[Oggie]

Originally Posted by colourfaste

It is quite legal, but not, as some would have one believe, immediate. First there is a late notice sent, then in 30 to 60 days (depends on state law, in FL it's 30 days for condo associations and 45 for homeowners assoc.) an Intent to File Lien is sent to the owner; then again 30 to 60 days from the ITL, the lien is filed with the court (with notice of the lien sent to the owner by the court); finally after ANOTHER 30 to 60 days, if the owner hasn't cleared up the issue at this point, the HOA files a motion to foreclose on the lien which takes another 60 to 360 days.

So while the OP's story makes for great sensationalised reading, there is MUCH missing.

Perhaps not in Texas.

From the story:

And in 33 states, an HOA does not need to go before a judge to collect on the liens.

It's called nonjudicial foreclosure, and in practice it means a house can be sold on the courthouse steps with no judge or arbitrator involved. In Texas the process period is a mere 27 days — the shortest of any state.

David Kahne, a Houston lawyer who advises homeowners, says that in Texas, the law is so weighted in favor of HOAs, he advises people that instead of hiring him, they should call their association and beg for mercy.

"I suggest you call the association and cry," he says.

[PhilJohnson]

Originally Posted by Oggie

Because they are evil.

I beg to differ, Raccoons are evil. They have the audacity to eat my cats food and then growl at me with the look of "what you gonna do about it" on their face. A cat would never be so brazen so I would argue that HOA's are ran by Racoons.

[Oggie]

Raccoons don't pretend to be nice. They're wild. Wildlife is wary and cunning, not evil.

[CherieOH]

If that's legal, then what's to keep them from raising the HOA fees until nobody can afford them causing everyone to be foreclosed upon? A person could make big bucks reselling those homes. Sounds like a great scam in the making.

[suzyhomemaker09]

I'd imagine that somewhere along the line they had to have given notice that due to late payments or non payments they were placing a lien or some-such.

[edzz]

I will take the other side. When you buy a house with a HOA, and there are dues, you pay them like any other bill. If you have a problem and you do not wish to pay, take them to court etc. You have to still pay the HOA dues to an escrow account. The HOA has bills to pay also, and they rely on the members to pay them on time. When I was involved with a board in south Florida we foreclosed on three properties. All were well aware months ahead of time what was happening. You bought the house you agreed to the conditions of the contract. You can make is seem terrible by telling the story of the hero soldier, but in the end he is just another dead beat not paying his bills. ((Exit soap box left))

[Joshie]

Solution is simple. Don't live in a neighborhood with an HOA.

DH was the treasurer for our suburban neighborhood. It irked me to no end that people would move into the neighborhood and then complain about the rules. If you don't like the rules, don't live in the neighborhood. Can't tell you how many people complained that you couldn't have fences or sheds. It was a very nice suburban area with huge lots (1-12 acres). Fences and sheds would have ruined the park-like nature of the neighborhood. I totally understand why people don't like those rules. The solution is simple though. Don't live in such neighborhoods. If you're already in a neighborhood like that and you don't like it... move.

[dancingfatcat]

Here the HOA sets out traps for cats and sends em away to the big house!!!!!!

Yes, it is true...........they can and will take your place over unpaid fee's, I've seen it done here!!!

[hippygirl]

Precisely why I would never live in such a neighborhood. Don't much care for being told what I can/cannot do on or with my land.

I've been told that there are some HOAs that dictate what colors you can paint your house, what you can plant in your yard, the outer appearance of window treatments, what cannot be on your porch, and a lot of other things.

Why anyone would choose to live in such a place is beyond me, but to each his/her own.

[foxtrapper]

Originally Posted by bergere

The HOA's shouldn't be able to do that. That can't be legal!!

Perfectly legal and part of the documents you as the new home owner signed when you bought into that particular community. Pay attention to the documents you sign and the contracts you agree to.

Far more interesting is when a HOA goes bankrupt or into tax default themselves. Makes life quite interesting for the homeowners of the now defunct association. We've had more than one community or condo building get sold at tax auction as a result.

[Jan in CO]

Even mobile home parks can have rules like this. My mom lives in one, and the couple across the street are fanatics at keeping their yard up. Now they have to remove the lattice around their porch, also kept up and looks nice, because the owner has decided he wants all the mobiles to look the same. DUH. They AREN'T the same, so no way will they look the same, and no one that has the lattice has let it get nasty looking. Of course, all they can do is make you move your mobile out if you don't comply. Jan in Co

[bergere]

I have been looking at places in VA... seems to be a lot of HOA's over there. After seeing this, I won't even think of buying a place that has a HOA, no matter how much land it has or how nice it is.
I want to be able to build fence for my horse's, want to plant what I want and so on and do not want to deal with a lot of power hungry Nimrods, having control over everything I do. I don't find living in a Communist community appealing.

[Patt]

Originally Posted by colourfaste

It is quite legal, but not, as some would have one believe, immediate. First there is a late notice sent, then in 30 to 60 days (depends on state law, in FL it's 30 days for condo associations and 45 for homeowners assoc.) an Intent to File Lien is sent to the owner; then again 30 to 60 days from the ITL, the lien is filed with the court (with notice of the lien sent to the owner by the court); finally after ANOTHER 30 to 60 days, if the owner hasn't cleared up the issue at this point, the HOA files a motion to foreclose on the lien which takes another 60 to 360 days.

So while the OP's story makes for great sensationalised reading, there is MUCH missing.

I don't think you read the whole article it only takes 27 days and no judicial action at all in Texas.

That is absolutely horrible! And I hope the constituents of Republican state Sen. John Carona, who represents Dallas, run that you know what out on a rail! Talk about using your office to line your own freaking pockets. Scumbag!

[Wolf mom]

As a former HOA President in AZ. - it's very legal. You have monthly dues to maintain the common areas where you live. Pool maintance, grounds maintenance, sometimes street maintenance, electricity bills....yawn.

After giving notices, they can and do put a lien against the property for the the delinquent monthly dues plus court and attorney costs.
As far as raisng dues - that's usually voted upon at a yearly association member meeting where the budget is presented. And yes, some associations do get power mad with unreasonable rules.

Knowing what you are buying into is part of being a responsible buyer. As for me, I'd never ever live in a HOA again.

[TexasAggie]

Originally Posted by colourfaste

It is quite legal, but not, as some would have one believe, immediate. First there is a late notice sent, then in 30 to 60 days (depends on state law, in FL it's 30 days for condo associations and 45 for homeowners assoc.) an Intent to File Lien is sent to the owner; then again 30 to 60 days from the ITL, the lien is filed with the court (with notice of the lien sent to the owner by the court); finally after ANOTHER 30 to 60 days, if the owner hasn't cleared up the issue at this point, the HOA files a motion to foreclose on the lien which takes another 60 to 360 days.

So while the OP's story makes for great sensationalised reading, there is MUCH missing.

The Army NG CPT needs to see the JAG as soon as possible. The revised Soldier's and Sailor's Act should be in play and the HOA may be out a lot of money and he may end up owning the HOA President's house.