Do I have any rights against our HOA? (Roma, Post: sale, foreclosure)

[arat4]

We have lived in our neighborhood for about 8 years now, at the beginning we paid our HOA dues, but then eventually stopped because they weren't doing anything and not even holding any meetings. Recently, a new company took over our HOA and they sent me a certified letter saying I owed them $616 for past assessments and late fees. I never got any statements from the past company for late fees. When I ask to see an itemized statement of how they came to the $616 amount, all they say is I had a balance forward from the other company and the late fees they charged me. When I asked of they can give me a detailed statement of what months I have paid and what months I hadn't since I've lived in the property they can't give it to me. Do I have any rights here, shouldn't they be able to give me my full itemized statement of what I have paid? How do I know if that balance is accurate if they can't show me how they got it? Also, they said that I can pay the $616 in 3 month payments but it will cost me an additional $150 to do so, can they charge me extra to pay it out?

Btw the HOA does nothing in our neighborhood, we don't have any community areas so all they are in charge of is the front enterence that always looks like crap with dead flowers. Also, we have over $60,000 that they had to move in a money market account because they do nothing with our dues in our neighborhood.

Is this worth pursuing a lawyer or am I just gonna have to suck it up and pay it?

Thanks-

[CptnRn]

Yes they can offer you a payment plan. I thought that they could charge extra for it but have not been able to confirm that. The rest of your questions should probably be referred to a lawyer, but I'm not sure it would be worth consulting one when you clearly have not been paying your HOA dues. You admitted yourself that you owe them, therefore you owe the late fees too. It sounds like the HOA has sufficient funds to hire its own lawyers to go after you, do you really want to fight with them when you know you owe the money? I don't see you coming out on the winning end in this situation. You are likely to just incur more legal expenses and still have to pay your fees and late charges.

Edit to add: You are entitled to review the associations financial records and any file they have on you. They are required to retain file information on owners for 5 years. You can read the Texas laws yourself here http://www.statutes.legis.state.tx.u...htm/PR.209.htm

[sheaday]

You could press them for an itemized bill, but bottom line- you still owe. HOAs also have the right to foreclose on homes that don't pay. My neighborhood has done that for a few homes in which the homeowners haven't paid in years and made no attempt to do so.

[HappyTexan]

Not actually foreclose but they can put a lien on the property for the outstanding fees and continue to do so each year.
Then they get their money when the property sells.

[sheaday]

Interesting- our HOA board has said they start the foreclosure proceedings...but they may just be using that term to scare people.

[Trainwreck20]

I think they actually can foreclose to collect overdue fees, but not sure on the details, timelines, etc.

[Komeht]

Originally Posted by HappyTexan

Not actually foreclose but they can put a lien on the property for the outstanding fees and continue to do so each year.
Then they get their money when the property sells.

People, beware of incredibly dangerous and incorrect information on the Internet. Poster has NO idea what he is talking about.

[scm53]

Originally Posted by arat4

Is this worth pursuing a lawyer or am I just gonna have to suck it up and pay it?

DO NOT believe anyone who tells you they cannot foreclose. They will have to get a court order to do so. So they can - "will" is another matter. Unless your credit is already trashed, you should be more concerned they give it to a collections agency, and you have a collection on your record -- which could always go to foreclosure if you don't pay.

As far as your question, what are you going to hire a lawyer for? To get you out of paying $776? That won't happen, because as dissatified as you are with the managment of your HOA, you agreed to pay the dues. So, you are going to hire a lawyer for a minimum $1000 to get you out of the $150 payment plan fee?

I'd follow the second half of your plan.

[CptnRn]

On payment plans, I found this:

Gregory S. Cagle - Published Articles Regarding Texas HOA Law

Summary of the 2011 HOA Law Reforms Enacted by the Texas Legislature
Assessment Collection (Mandatory Payment Plans) - Subdivision HOAs consisting of more than 14 lots are now required to adopt guidelines for payment plans for delinquent assessments, and must record a copy of such guidelines in the Official Public Records of each county in which a portion of their community is located. Payment plans must be a minimum of 3 months, but cannot exceed 18 months. During the payment plan, the delinquent Homeowner may not be assessed monetary penalties, but may be assessed reasonable costs associated with administering the payment plan and interest.

[CptnRn]

Originally Posted by Trainwreck20

I think they actually can foreclose to collect overdue fees, but not sure on the details, timelines, etc.

Yes they can foreclose.

PROPERTY CODE**CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT
Sec. 209.0091. PREREQUISITES TO FORECLOSURE: NOTICE AND OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS. (a) A property owners' association may not foreclose a property owners' association assessment lien on real property by giving notice of sale under Section 51.002 or commencing a judicial foreclosure action unless the association has:
(1) provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record on the property whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust; and
(2) provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the recipient receives the notice.