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Old 11-23-2018, 06:47 PM
Location: The Outer Limits
1,432 posts, read 1,791,666 times
Reputation: 2324


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Old 11-23-2018, 06:48 PM
Location: The Outer Limits
1,432 posts, read 1,791,666 times
Reputation: 2324
Originally Posted by NekkidFish View Post
We are getting ready to put an offer in a house that is in a HOA community. Its not a Neal or other very tight HOA community, but I have never lived in a community where they can tell me what to do.

The realtor sent me all of the HOA docs and in reading them, I noticed that where last year they stated that you could have at least (maximum) 20% of your landscaping ground cover as decorative rocks, with the rest being black or brown mulch ... that is not allowable now. After their last change to the rules, you now can only have black or brown mulch, and nothing else. No soup for you!!! I mean, no decorative rock for you!

Why? I just dont get people wanting to tell people they cant use a small amount of decorative rock ... or what about red mulch, which I wouldnt use, but I think it looks pretty with the right landscaping.

Can someone please tell me that I need to chill out and it wont be that bad.

I know that a bazillion people live in HOA communities, and most people like them, but I am terrified of the rules changing ... or getting a neighbor from hell, that wants to put their agenda onto everyone else.

I realize that we have moved here and this is the norm for the most part, but Im just afraid we will regret not holding out for one of the very few properties that are in an older area where there are no HOAs. The house we are possibly making an offer on is in a very relaxed, almost country kind of area, but that could change in a heartbeat if someone wants change bad enough.

Please, please give me your advise and/or assure me we will be okay.

Thanks and HUGz!

If you want to live under a dictatorship go for it.
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Old 11-27-2018, 06:39 PM
2,818 posts, read 3,333,777 times
Reputation: 3015
Originally Posted by macrodome2 View Post
I don't believe you. You would know that HOA Bylaws are not all the same. You would also know the Federal Fair Housing laws and not have made that ridiculous statement.
Your belief is irrelevant to reality.

The Fair Housing Laws do not address the HOA voting scheme. There is no "right" to vote.

Bylaws may not be identical but any created by a developer will ensure absolute developer control (i.e., no vote for homeowners) initially, then mathematically irrelevant votes, and even when homeowners have voting "privileges" (i.e., not rights) the bylaws (or your state's nonprofit laws) will virtually always have a provision permitting the board to "suspend" voting privileges if the member is not in "good standing". Guess who determines whether the member is in "good standing" - the incumbent board. This is used routinely by boards and vendors to discard votes or even preclude voting for property owners.

Feel free to provide a copy of your bylaws (after redacting any location-specific information) and we'll see just what kind of voting "rights" any of the involuntary members of your organization have. To my knowledge the only state which has adopted legislation to void bylaws which would deny property owners a vote is Texas - and even then it only voids such provisions with respect to some voting, not all.
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Old 11-29-2018, 12:44 PM
Location: South-Western USA , desert
489 posts, read 369,918 times
Reputation: 634
Originally Posted by CuriousGirl2018 View Post
I fileg Chapter 7 & my case was dismissed in aug. My sent me a information about a case filed in Nov 2017 asking the court to retain the case bc the court sent notification to dismiss due to no activity.

I received an invoice from the hoa and paid it but the law firm said that was the wrong amount & I need to pay more legal fees. They went and filed a continuance after I sent the court info regarding the payment & invoice paid in full requesting dismissal.
I got a letter from the hoa saying that I was required to enter into a payment arragement after I told them I was not interest in the extra fees.They returned the payment as well

Then they file for continuance lying to the court stating that we were in the process of working out some deal that I knew nothing about.
how do I adress this I don't have money for an atty.aren't they in violation of Tex. Prop. Code 209.0063.

IF you aren't getting any help in this thread, start a new thread with it at the top. (:
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