One more reason why I hate homeowners associations. The sad but true story of Army Reserve Captain Michael Clauer, his wife May, and the Heritage Lakes Homeowners Association in Frisco, Texas. The HOA foreclosed on and sold the Clauer's home because of $800 in unpaid dues, and while Michael was on active duty in Iraq.
I would guess these fine Texans on the HOA board probably have magnetic ribbons on the back of their vehicles proclaiming their support for the troops.
Yep, that sounds like our governor. He must have been busy shooting coyotes at the time.
"In May 2008, the HOA sold the Clauers' home for a pittance--$3,500--although its appraisal value was $300,000, according to court documents. The buyer then resold the house to a third person.
[...]
It wasn't until June 2009 that May realized what had happened. Around that time, the new owner started demanding rent from the Clauers. She told Michael, who was still in Iraq. "At first I didn't believe it," he says. "I didn't understand how someone can take your house and not give you anything for it.
[...]
At no point did anyone from the HOA--which is, after all, composed of the Clauers' neighbors--appear to have tried to visit May Clauer's house to talk to her about the problem. "The HOA board members...don't live very far from me at all," Michael Clauer says. There were "neighbors owing much more than us [who] were notified in person of pending foreclosures, but my wife only received a few letters."
[...]
There are a bevy of laws that are supposed to protect servicemembers from losing their homes or jobs while they're on active duty, including the Servicemembers Civil Relief Act (SCRA). The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer."
I would guess these fine Texans on the HOA board probably have magnetic ribbons on the back of their vehicles proclaiming their support for the troops.
"When Texas Gov. Rick Perry visited Iraq in July, Michael says he told him about the problem. According to Michael, Perry called May and put lawyers in touch with the Clauers' attorney, but couldn't do much to alleviate the situation. (Perry's office didn't respond to calls seeking comment.)"
Yep, that sounds like our governor. He must have been busy shooting coyotes at the time.
I can appreciate them some, but while some people appreciate HOA's that tell them what and how many trees to have and what color their flowers can be, I prefer a less restricted neighborhood.
Also, I see at least one property a month in my job where someone has lost their house to an HOA for less than $3K in HOA fees. The banks aren't the only ones screwing us.
I'm no fan of Rick Perry, but what else would you expect him to do in this situation, other than help the homeowners get a good lawyer? It's not like the Governor of Texas can wave a magic wand and reverse a legal action. Any Governor would have been as powerless.
I know you guys are "venting", and justifiably so. But, HOA boards do a lot of good. Yes, these people get on their "high horse" sometimes and some develop a "Napoleon complex". But you DON'T want an inactive, complacent HOA. I managed several HOA's where the Board of Directors were inactive or impotent. That'll whittle away at your property value something fierce.
A good set of deed restrictions and an active HOA Board of Directors will protect your property values and your way of life. Do these people screw up? Yes. But you'd rather them make mistakes overreaching than sitting around on their butts eating catered lunches from Murphy's once a month.
I hate HOA's. When I was house hunting, I looked at restrictions before we would consider putting an offer on a house. Let a few really good houses go because I was not pleased with the restrictions in that neighborhood.
The worst are ANY subdivision with "Sienna" in it. Some of the property I am examining out there has 50+ documents filed in restrictions alone (a lot have 30+ filed in the past month). It is ridiculous.
Of course, my question was more rhetorical. Of course, the tax angle makes sense because the national, state, and local government cannot realistically take you to small claims court. It just seems that HOAs have lost all common sense like Shortstuff suggested. Hassle the guy with his car on blocks, parked in the yard, or the yard with grass up to my head. In my mind, HOAs serve two purposes (one legitimate):
1) Pooling resources for neighborhood projects like improving the park, pool, or other common areas.
2) Snooping on neighbors
I leave you to figure out which one is legitimate. I don't know my neighbors. They are leasers and they keep to themselves. We say hello when we see each other. I think I know one across the street enough to know their name. This is sad and one major reason why the snooping is necessary. We knew our neighbors growing up. Heck, one of them became my godparents. For many of us, those days are gone. It's a sad commentary really.
(Special effects - get a rolled up newspaper)
BAD lawyer!
BAD HOA!
I served on my HOA board for 9 years and later managed HOA's profesisonally for 4 years. This should not have happened. OTOH, you would be surprised how many people simply throw away letters and notices from the HOA and the lawyers without even reading them.
Also your house can be foreclosed on for not paying your county or city taxes. If you take out a deed of trust to pay for ad valorem taxes, they become first position and can foreclose on your home as well, screwing the first lien mortgagor as well.
Scott, that calls for common sense. That is a quality that HOAs totally lack.
That, and empathy.
How in the hell did HOAs get the power to sell a home anyway. Why can't they go to small claims court like anyone else. Let People's Court handle the 800 dollars. Maybe Judge Judy could weigh in.
Actually, this foreclosure can be easily overturned in court since the Soldier and Sailor Relief Act prohibits foreclosure in the event that the homeowner is on active duty.
"A foreclosure in violation of subsection (3) may render the action voidable, and might also subject the mortgagee or trustee to criminal prosecution." (that includes the trustee for the HOA)
They have to file an affidavit saying that the owners were alive and not on active duty at the time. They filed this affidavit fruadulently. This will be overturned and they will get their home back.
Following Ike, the local HOA decided to be nice and trim everyone's trees but did not arrange for their pick up. Houston trash would not pick them up so we got a nastygram. I came this close to dropping it at the HOA office door.
I see some HOA Nazis going to jail sometime soon. Not to mention the ultimate judge and jury. Enjoy your ice while you still can.
This is why I despise HOA's. They are comprised of a group of nosy busybodies with nothing better to do than spy on their neighbors. How could anyone foreclose on anyone's house without the homeowner being legally notified? Certified letters, subpoenas, etc. come to mind. But for a lousy $800 in unpaid dues? Sickening.
And I utterly, completely and totally loathe and despise Rick "the hair" Perry. He is such a total waste of oxygen. He doesn't give a flip about anyone; it's all pandering for votes for him.
Mr. Perry was only visiting the troops for a photo opp in an election year. You didn't expect him to actually do anything did you? He has not done anything since he has been in office I don't expect him to start now.