A technical question

[Sonoran Silkies]

Quote:
State statutes are often changed due to incidents like this. Check your latest version of statutes relating to HOAs (often called "planned communities" or some similar term), and see what protections you do/do not have. Failure to make required disclosures often has draconian repercussions (to prevent "deliberate" failure to disclose).

 

[Hen Mistress]

Indeed, aftter many years of effort there was a last minute reform effort back in June 2011 preventing the pure outright sale of a home for just nonpayment like this incident. Several other reforms were approved but the wheels of Texas government grind slowly if it doesn't "benefit" those in power. It will be a while before it filters down to the general populace. Even the legal firms are scrambling to discuss the implications. In the meantime, I am gathering as much information as possible.

 

[Sonoran Silkies]

Arizona law disallows foreclosure based upon fines entirely, and only allows foreclosure on non-paymen of REGULAR assessments if they are in excess of a specified VERY large amount over a fairly substantial period. Both criteria must be met. Fees and assessments owed to an HOA is secondary to a first mortgage, but ahead of all other leins and mortgages.

 

[Hen Mistress]

Texas HOA reform is long in coming. The reforms would be introduced and not approved or time would run out and the legislature would not get to it. Not surprising since one member owns one of the nation's largest HOA management companies.

I think the soldier's family's national media coverage shamed them into doing something. The soldier I mentioned was only one of many in recent years. His family's home was completely paid off. The family only found out it had been sold when they received a rental notice from the new owner. The HOA had sold it for payment, the $3000 to cover dues and costs, and that person turned around and sold it to an investor for 1000 times what they paid and who then sent the original owner/residents the rental notice. There are documented cases of HOA board members foreclosing on houses then buying the home they caused to foreclose and hugely personally profiting.

The corruption and greed are terrible and the bribe of fresh eggs is not enough for them, or certain homeowners who buy into the "protect my home values" mentality they promote, to change their minds. So I am thinking of any way possible to be a legal hen keeper within the spirit of the law. Thanks for contributing ideas.

 

[Sonoran Silkies]

Quote:
All too often legislators and those who support legislation want EVERYTHING or NOTHING, and make no real efforts to find common ground. I doubt that you will find a legislator who will publically own up to foreclosure by HOA as always being a good thing. Problem is, there ARE instances where it seems right and appropriate, but in most cases, it is not. Trying to find reasonable balance can be difficult. Voting it in is even harder. THere are organizations that are very anti-HOA, and they usually have attorneys they recommend. Knowing case law will help in determining how to proceed, but case law is far less easy to find than statutes.

 

[PaulaSB12]

Quote:
All too often legislators and those who support legislation want EVERYTHING or NOTHING, and make no real efforts to find common ground. I doubt that you will find a legislator who will publically own up to foreclosure by HOA as always being a good thing. Problem is, there ARE instances where it seems right and appropriate, but in most cases, it is not. Trying to find reasonable balance can be difficult. Voting it in is even harder. THere are organizations that are very anti-HOA, and they usually have attorneys they recommend. Knowing case law will help in determining how to proceed, but case law is far less easy to find than statutes.

As far as I can see being anti hoa is just sanity. You have ordinances that control what you do why do you need to let the local busy body tell you no chickens, no vegetable growing, only three types of tree. Why on earth would a hoa (despite letters from the girl's doctor) threaten to sue the family of a disabled child for having a service dog?

http://www.newjerseynewsroom.com/st...riminating-against-epileptic-with-service-dog

Why on earth in water scare areas are hoa's demanding green grass?
http://www.faircompanies.com/news/view/xeriscaping-why-brown-is-beautiful-and-makes-sense/

In spring of 2008 when Hillsborough County (Florida) resident James Lyle watered his yard once a week, his homeowners association fined him $1,000 for having a brown lawn. When he watered it twice a week he got fined $100 by the county water department for using too much water.

Lyle has since replaced his lawn, but his story is just one among many. One homeowners association is trying to impose mandatory landscaping requirements on vacant lots.

Another area resident, Diogenes Paula, has spent $4,500 replacing his brown lawn and is ready to vote with his feet: "I'm thinking about moving out of here and buying a house with no neighborhood association".

The cost of lawn upkeep may also help drive momentum for the anti-lawn movement. After spending $4,500 to replace his entire lawn to avoid community fees, Florida resident Diogenes Paula is ready to vote with his feet. "I'm thinking about moving out of here and buying a house with no neighborhood association".

Go native or be prepared to drink sewage

While a new Florida state law prohibits subdivisions built after 2001 from forcing homeowners to landscape only with grass, this regulation falls short, according to Steve Kintner, director of environmental management for Volusia County (Florida): "Many (homeowner associations) don't allow native plants, which require little water. A lot of people don't know what they're getting into."

The West Volusia Audubon Society has asked a local city commission to prohibit homeowner association covenants that penalize people for refusing to water their lawns during drought conditions. Audubon Society officer Karyn Hoffman calls this type of regulation ludicrous: "It goes against all the water restrictions.

I'd like to see a little more wiggle room for homeowners. Covenants that don't force watering and allow more creative landscaping with native plants. It's either going to be that, or people drinking treated sewage water" one day.


http://groups.yahoo.com/group/ConcernedHomeowners/message/1779
Albuquerque city councilors say they are looking after the public welfare by
encouraging water-saving xeriscaped lawns.

They could wind up in court over their stand.

"They're going to get a lawsuit," says Ralph Rudolph, acting president of
the Sandia Heights Homeowners Association.

The council voted 6-3 Monday in favor of a bill that prohibits covenants
against xeriscaping from being enforced.

Land use attorney David Campbell said the ordinance is "clearly
unconstitutional."

"It's good politics for those guys, but it's irresponsible legislation,"
said Campbell, who represents the newly formed Albuquerque Coalition of
Homeowners Associations.

"I would expect that this will be challenged. There's too much at risk. When
government tries to impair valued property rights, it simply has to be
challenged."

Councilor Martin Heinrich, the bill's sponsor, says it simply gives property
owners the right to choose whether they want to xeriscape their lawns. In
recent years, at least two homeowners have been sued by property owner
associations for ripping out their turf to xeriscape for water conservation.

"This is good, reasonable and, above all, legal," Heinrich said.

City Attorney Bob White said the council can legally restrict covenants when
a greater public interest is involved. In this case, Heinrich said, the
interest is in protecting the city's water supply.

 

[Sonoran Silkies]

Quote:
All too often legislators and those who support legislation want EVERYTHING or NOTHING, and make no real efforts to find common ground. I doubt that you will find a legislator who will publically own up to foreclosure by HOA as always being a good thing. Problem is, there ARE instances where it seems right and appropriate, but in most cases, it is not. Trying to find reasonable balance can be difficult. Voting it in is even harder. THere are organizations that are very anti-HOA, and they usually have attorneys they recommend. Knowing case law will help in determining how to proceed, but case law is far less easy to find than statutes.

As far as I can see being anti hoa is just sanity. You have ordinances that control what you do why do you need to let the local busy body tell you no chickens, no vegetable growing, only three types of tree. Why on earth would a hoa (despite letters from the girl's doctor) threaten to sue the family of a disabled child for having a service dog?

http://www.newjerseynewsroom.com/st...riminating-against-epileptic-with-service-dog

Why on earth in water scare areas are hoa's demanding green grass?
http://www.faircompanies.com/news/view/xeriscaping-why-brown-is-beautiful-and-makes-sense/

In spring of 2008 when Hillsborough County (Florida) resident James Lyle watered his yard once a week, his homeowners association fined him $1,000 for having a brown lawn. When he watered it twice a week he got fined $100 by the county water department for using too much water.

Lyle has since replaced his lawn, but his story is just one among many. One homeowners association is trying to impose mandatory landscaping requirements on vacant lots.

Another area resident, Diogenes Paula, has spent $4,500 replacing his brown lawn and is ready to vote with his feet: "I'm thinking about moving out of here and buying a house with no neighborhood association".

The cost of lawn upkeep may also help drive momentum for the anti-lawn movement. After spending $4,500 to replace his entire lawn to avoid community fees, Florida resident Diogenes Paula is ready to vote with his feet. "I'm thinking about moving out of here and buying a house with no neighborhood association".

Go native or be prepared to drink sewage

While a new Florida state law prohibits subdivisions built after 2001 from forcing homeowners to landscape only with grass, this regulation falls short, according to Steve Kintner, director of environmental management for Volusia County (Florida): "Many (homeowner associations) don't allow native plants, which require little water. A lot of people don't know what they're getting into."

The West Volusia Audubon Society has asked a local city commission to prohibit homeowner association covenants that penalize people for refusing to water their lawns during drought conditions. Audubon Society officer Karyn Hoffman calls this type of regulation ludicrous: "It goes against all the water restrictions.

I'd like to see a little more wiggle room for homeowners. Covenants that don't force watering and allow more creative landscaping with native plants. It's either going to be that, or people drinking treated sewage water" one day.


http://groups.yahoo.com/group/ConcernedHomeowners/message/1779
Albuquerque city councilors say they are looking after the public welfare by
encouraging water-saving xeriscaped lawns.

They could wind up in court over their stand.

"They're going to get a lawsuit," says Ralph Rudolph, acting president of
the Sandia Heights Homeowners Association.

The council voted 6-3 Monday in favor of a bill that prohibits covenants
against xeriscaping from being enforced.

Land use attorney David Campbell said the ordinance is "clearly
unconstitutional."

"It's good politics for those guys, but it's irresponsible legislation,"
said Campbell, who represents the newly formed Albuquerque Coalition of
Homeowners Associations.

"I would expect that this will be challenged. There's too much at risk. When
government tries to impair valued property rights, it simply has to be
challenged."

Councilor Martin Heinrich, the bill's sponsor, says it simply gives property
owners the right to choose whether they want to xeriscape their lawns. In
recent years, at least two homeowners have been sued by property owner
associations for ripping out their turf to xeriscape for water conservation.

"This is good, reasonable and, above all, legal," Heinrich said.

City Attorney Bob White said the council can legally restrict covenants when
a greater public interest is involved. In this case, Heinrich said, the
interest is in protecting the city's water supply.

Not all HOAs cause problems; you only hear about the ones that DO. Locally, some cities have required HOAs in all new developments for the last 20 or so years. THese HOAs are required to provide and maintain things that otherwise the city would be required to spend $ on. To me, THAT is the source of many of the problems. Unless you wish to purchase an old home, you are unlikely to be able to find one that is NOT in an HOA.