05-15-2010, 06:39 AM
Location: Stone Oak
382 posts, read
386,535 times
Reputation: 216
You use the term "doing what the HOA wants" loosely. Boards need to be very aware of the verbiage in their contract. In at least one case I know Mr. Newton was granted the authority to move forward with the foreclosure process without a final (or any) notification to the board. Had the board known, they would have said no. Be wise. Regardless who your HOA employs, understand fully the power you are granting the attorney you hire.
05-15-2010, 07:34 PM
1,897 posts, read
1,867,667 times
Reputation: 797
Quote:
Originally Posted by
SAAggiemom
You use the term "doing what the HOA wants" loosely. Boards need to be very aware of the verbiage in their contract. In at least one case I know Mr. Newton was granted the authority to move forward with the foreclosure process without a final (or any) notification to the board. Had the board known, they would have said no. Be wise. Regardless who your HOA employs, understand fully the power you are granting the attorney you hire.
I could see where the option of Mr Newton proceeding without final notification to the board would be a good thing. Especially if they are foreclosing on a board member or friend/family of a board member. Kinda takes the politics out of it. Besides, it's not like he would be doing anything out of ordinary due process.
05-15-2010, 07:38 PM
Location: 281 north of 1604 - otherwise known as traffic hell
450 posts, read
919,753 times
Reputation: 169
problem is - some of the HOA contracts say that foreclosure cannot begin until the board is notified and signs off on it.
05-15-2010, 08:47 PM
Location: Stone Oak
382 posts, read
386,535 times
Reputation: 216
No resident has voting rights or can serve on the board if his account is in arrears so foreclosing on a board members house would not be happening. Personally I don't see notifying the board before the house is sold on the courthouse steps in the HOA's name, a problem. Some board members might want to double or triple check to make sure there are no alternatives before they move forward. Oh well, just my opinion.
05-16-2010, 08:06 AM
1,897 posts, read
1,867,667 times
Reputation: 797
I don't care who you are. Every family has a "Billy Bob" in-law, cousin or relative
05-16-2010, 08:18 AM
Location: San Antonio, TX
7,816 posts, read
9,469,372 times
Reputation: 3869
Quote:
Originally Posted by
SAAggiemom
You use the term "doing what the HOA wants" loosely. Boards need to be very aware of the verbiage in their contract. In at least one case I know Mr. Newton was granted the authority to move forward with the foreclosure process without a final (or any) notification to the board. Had the board known, they would have said no. Be wise. Regardless who your HOA employs, understand fully the power you are granting the attorney you hire.
That's good advice, people enter into a
legal contract with their HOA and all parties have obligations. Failure to abide by those obligations has ramifications for both sides, and legal action may be pursued by the party to ensure they keep up with their end of the commitment.
HOAs can be blessings or they can be the a royal pain. I am not particularly fond of ours as it fails to uphold the restrictions in our neighborhood. However, that doesn't give us any right to stop paying our fees; there are other avenues to address those problems and two wrongs don't make a right!
05-16-2010, 05:19 PM
2,734 posts, read
2,309,450 times
Reputation: 1482
Quote:
Originally Posted by
majormadmax
HOAs can be blessings or they can be the a royal pain. I am not particularly fond of ours as it fails to uphold the restrictions in our neighborhood. However, that doesn't give us any right to stop paying our fees; there are other avenues to address those problems and two wrongs don't make a right!
So true. I have paid my dues for 16 years straight. Our HOA has basically just given up on trying to enforce anything. We used to have an excellent HOA. Then they hired Procomm management and it has all gone downhill even more quickly. We still pay our dues and will continue to until I find the perfect piece of land (been looking for over a year now) for the new house, then I'm done.
05-22-2010, 11:10 AM
Location: San Antonio
2,208 posts, read
2,080,540 times
Reputation: 1131
05-23-2010, 08:11 AM
Location: San Quilmas, Tx
2,468 posts, read
2,630,960 times
Reputation: 8010
Look for the state to start cracking down on HOAs' especially since one in north texas foreclosed on a house valued at $300,000 owned free & clear by a military member (fighting in Iraq) because his wife "forgot" to pay the HOA fee. The house sold for $3,500.
05-23-2010, 02:48 PM
Location: San Antonio
2,208 posts, read
2,080,540 times
Reputation: 1131
Quote:
Originally Posted by
Deep Forest
Look for the state to start cracking down on HOAs' especially since one in north texas foreclosed on a house valued at $300,000 owned free & clear by a military member (fighting in Iraq) because his wife "forgot" to pay the HOA fee. The house sold for $3,500.
Holy........
That is awful. Horrible that nothing was worked out.
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