Why do people put up with HOA's? (Fairfax: cul-de-sac, section 8)

[Fairfax Mom]

If the dog barks all you do is call the cops - what do you need an HOA for? Most towns have barking dog ordinances. I am constantly afraid someone is going to call the cops on my barking dog - even though I dont let them bark long.

[vanyali]

You know, dogs bark. Dogs bark, babies cry, cars rumble, TV's and radios yack and yack. . . But people get so worked up about the dogs. wtf? I personally find my neighbors' incessant leaf blowing way more annoying than any barking dog, but can I call the cops on them? Nope. But they can make all sorts of trouble over a fluffy little dog doing its thing.

[Isle_Gal]

I stumbled upon this thread in the Va. forum as the title caught my eye. And I'm not even in Virginia yet (we're headed to Charlotteville from Texas.) A couple years back, there was a story that made the news here about a woman in Houston (actually in the neighborhood I grew up in) who was not up-to-date on her HOA dues (I think that was the issue in question). If I remember correctly, her husband passed away and she simply didn't open her mail. Eventually, the HOA began proceedings to TAKE HER HOUSE AWAY! because of this oversight. (Can't remember how it ended...) Obviously, I was very anti-HOA hearing about that. Now, speaking from the perspective of someone who just put their home on the market, I can now (kind of) appreciate the value of a HOA. One of my neighbors grows tomato plants in Tidy Cat (cat litter) boxes adjacent to the front sidewalk (NICE!) Despite having a huge, grassy backyard, she takes her coffee/reads the newspaper on the front porch. Not a big deal -- except that her "table" is a rusty drawer from a metal file cabinet. She parks her old icky car in the backyard (fortunately we have a nice fence). She doesn't use power tools (told us so herself) so her "home improvements" are ... putting it nicely ... unprofessional. The neighbor on the other side isn't much better. He inherited his house (paid for already) from his mother who passed away. Apparently she raised REAL PIGS in the backyard. His wife sometimes climbs out the bedroom window (in the front of the house) to sit on the porch and smoke. I know, I know ... this was no surprise when we moved to our very diverse neighborhood (though Tidy Cat Lady was not yet here.) But it goes to show that without regulation, there is simply NO TELLING what you will end up living next to.

[scimitar12]

Originally Posted by Isle_Gal

I stumbled upon this thread in the Va. forum as the title caught my eye. And I'm not even in Virginia yet (we're headed to Charlotteville from Texas.) A couple years back, there was a story that made the news here about a woman in Houston (actually in the neighborhood I grew up in) who was not up-to-date on her HOA dues (I think that was the issue in question). If I remember correctly, her husband passed away and she simply didn't open her mail. Eventually, the HOA began proceedings to TAKE HER HOUSE AWAY! because of this oversight. (Can't remember how it ended...)

I do not doubt you but I am really surprised that any HOA has the legal authority to take someone's house away for non-payment of dues. I served on an HOA board back in K.C. some years back. The declarations stated that if back dues were more than 90 days in arears than the HOA would put a lien on that TH and services would be discontinued until the dues were paid up. Also, our HOA board would really try to work with the home owner before any such actions would take place.

[normie]

Originally Posted by scimitar12

I do not doubt you but I am really surprised that any HOA has the legal authority to take someone's house away for non-payment of dues.

That's correct, an HOA would not have that sort of legal authority.

[arctichomesteader]

Originally Posted by normie

That's correct, an HOA would not have that sort of legal authority.

Many of them do.

[normie]

Originally Posted by arctichomesteader

Many of them do.

I would like to see your proof that an HOA in Virginia would have such an authority.

[Isle_Gal]

Originally Posted by scimitar12

I do not doubt you but I am really surprised that any HOA has the legal authority to take someone's house away for non-payment of dues. I served on an HOA board back in K.C. some years back. The declarations stated that if back dues were more than 90 days in arears than the HOA would put a lien on that TH and services would be discontinued until the dues were paid up. Also, our HOA board would really try to work with the home owner before any such actions would take place.

(This is from an archived article in the Houston Chronicle)

Chris Camero, president of Nottingham Forest Homeowners Association in west Houston, believes that a new state law will provide an extra measure of protection for residents facing foreclosure on their homes by homeowners associations.

"It sounds to me like (Senate Bill 507) gives homeowners the right to hearings and the right of redemption, which provides a huge opportunity to get your house back," Camero said.

Senate Bill 507, passed in the recent Texas Legislative session, gives homeowners residing in neighborhood developments governed by homeowners associations a few more options when faced with punitive action or foreclosure. The legislation actually adds a new section to the Texas Property Code. The section - chapter 209 - refers only to homeowners associations that require membership of all who live in a designated neighborhood and assess dues for services provided to those residents.

The law goes into effect in January and affects about 500 associations in the Houston area.

"It does give relief to the homeowner," Camero said. "However, in general I just can't imagine an instance where a homeowners association would foreclose on someone for not paying dues. That really is the exception rather than the rule."

That exception did prove to be the rule in a recent case involving Wenonah Blevins, an 82-year-old widow and northwest Harris County resident who lost her home in a foreclosure sale last April. Blevins was evicted from her home after the Champions Community Improvement Association pursued the homeowners association foreclosure process after she failed to pay $814.50 in association dues. Blevins is suing the association, claiming it was negligent when it foreclosed on her house. The case is pending in Harris County court. After learning of Blevins' case, several area legislators attempted to pass emergency legislation to aid her plight.

[normie]

I looked it up, it's an interesting story. It also happened 7 years ago, and as a result laws were passed in almost every state. Which would explain why our opinions differed--I only know what applies to Virginia in 2008, don't know much about how things might have been back in 2001.

By the way, here's the follow up story from the Houston Chronicle:

Evicted widow home for holidays
Blevins, homeowners' association settle suit
By ALAN BERNSTEIN
Copyright 2001 Houston Chronicle

With a stunned grin and a $300,000 lawsuit victory, the suburban Houston widow whose eviction in April became a rallying point for homeowners' rights got her house back Friday.

"Thrilled, delighted, glad to be back home," Wenonah Blevins, 83, said after placing a plastic Christmas wreath on her front door and a red bow on her mailbox.

Her homecoming was made possible by an out-of-court settlement of her lawsuit. She lived with a friend during months of legal wrangling with her homeowners association and the investor who paid $5,000 at auction for her $150,000 ranch-style home.

In 1986, Blevins paid cash for the house in the Champions subdivision on FM 1960. But in the last two years, she failed to pay $814.50 in fees for such services as trash collection to the Champions Community Improvement Association. The association's lawyers moved to have the house sold to pay the debt, which rose to $3,756 with legal fees and penalties.

After her check for about $800 was refused because the debt had mounted, deputy constables kicked Blevins out and had her furniture confiscated. The brick house, in a neighborhood shaded by towering pine trees, went to auction.

Blevins sued, saying her eviction stemmed from deception. Many of her fellow homeowners were aghast at her predicament, which led to a debate in the Legislature about protecting homeowners against such confiscations.

Blevins signed a settlement agreement Friday calling for Champions Community Improvement Association and its Houston law firm, Bartley and Spears, to pay her $300,000. Daniel Hilal, who bought the house at auction for $5,000, gets $95,000 in exchange for returning the house deed to Blevins, according to lawyers in the case.

The homeowners association started working several months ago to return Blevins to her home after realizing that its law firm had evicted an elderly women who may not have realized that she risked losing her home, said lawyer Jeff Roberts, who represented Champions Community Improvement Association in the negotiations. Roberts is not associated with the Bartley and Spears firm, which did not return a telephone call from the Chronicle on Friday.

"We wish Mrs. Blevins the best," Roberts said. "It's always been our goal to get her back in."

Roberts and Blevins' lawyer, Marian Rosen, said negotiations were delayed by Hilal's demands for more than the $50,000 originally offered to him for returning the house. Hilal will not comment on the settlement, according to a man who answered the telephone at his business, First Capital Interest.

The insurance policies of the homeowners association and the law firm will pay the money, Roberts said.

[arctichomesteader]

Foreclosure

POA Act.

The law states:

"
§ 55-514. Authority to levy special assessments.
A. In addition to all other assessments which are authorized in the declaration, the board of directors of an association shall have the power to levy a special assessment against its members if the purpose in so doing is found by the board to be in the best interests of the association and the proceeds of the assessment are used primarily for the maintenance and upkeep of the common area and such other areas of association responsibility expressly provided for in the declaration, including capital expenditures. A majority of votes cast, in person or by proxy, at a meeting of the membership convened in accordance with the provisions of the association's bylaws within sixty days of promulgation of the notice of the assessment shall rescind or reduce the special assessment. No director or officer of the association shall be liable for failure to perform his fiduciary duty if a special assessment for the funds necessary for the director or officer to perform his fiduciary duty is rescinded by the owners pursuant to this section, and the association shall indemnify such director or officer against any damage resulting from any claimed breach of fiduciary duty arising therefrom.
B. The failure of a member to pay the special assessment allowed by subsection A shall entitle the association to the lien provided by § 55-516 as well as any other rights afforded a creditor under law."


So yes, it can be done in Virginia by a HOA, and is perfectly legal.