Hoa restrictions not enforced but dues always enforced (San Antonio, Anton: for sale, lawyer)

[cablemom85]

I live in HOA community and the fee is pretty high for what we get. They hire tons of security who do nothing but drive around in their cars. If you need help they tell you to call 911, so what is the point? Deed restrictions include painting houses, altering exterior of home, extending fences, building carports, etc. Well, all these restrictions are being violated everyday. I am trying to sell my home as I am retiring and moving to my retirement home. It is embarrassing to see my new neighbors home. He extended his fence line to the edge of the sidewalk about 50 feet and he now keeps cars within the fence line to fix them for sale. This is a violation. He also planted 30 fruit trees right along the side walk in his front yard which I do believe is also an HOA violation and possibly an easement violation. He has cars parked all along side of his property as he has a corner house. All these car are auction purchases, he is fixing them at his home and selling them. This is an HOA violation. I have reported this numerous time and nothing is being done about it. I pay my dues on time and I am at my wits end. Trust me that is not the worst, they sit outside in front at night on their driveway and they leave their trash all over the place. It is an eye sore. Other neighbors have overgrown grass, one is a contractor and leaves his materials, ladders in front of his home on the driveway. This is not leaving my home with a good curb appeal since one would probably take not of the neighbors as they drive up to my home. What can I do? No one seems to listen to my complaint. I need help or advise.

[Paka]

Lawyer up!

[ged_782]

Are you inside San Antonio City Limits, by any chance? If so, some of what you complain of sounds like city code violations, regardless of whether there is an HOA or not. For example, operating an auto repair business on a zoned residential property, having inoperative vehicles on the property, in view of others. The city only enforces city codes and ordinances, not HOA deed restrictions.


If you are not inside the city, then you're at the mercy of the HOA.

[Charles22]

Sounds just like real life.

[TrapperL]

Real simple, call Code Compliance and have them come out for an inspection. The fence alone should be one hefty fine. If the cars are not sitting on a dedicated pad like gravel or concrete, there's another fine.

[Bo]

I have reported this numerous time and nothing is being done about it.

How do you know that nothing is being done about it? You would have no way of knowing whether the HOA has sent letters to another homeowner that are being ignored.

You also need to be aware that the state legislature has passed laws which severely limit HOAs' options for enforcing deed restrictions in the past 5 years. No longer can HOAs impose a lien on repeat or chronic violators. They must file lawsuits now. Lawsuits are far more expensive than imposing liens and your HOA may not be able to afford a lawsuit.

Since these issues are affecting your enjoyment of property, you still have the option to file a lawsuit against your neighbor. You received advice above to "Lawyer up," which is exactly what I would recommend, too. Don't be surprised if a lawsuit sets you back a few thousand dollars to file. But if you win, you can ask the judge to have your neighbor cover the cost of filing it.

Before doing that, see if Code Compliance can help. That remedy won't cost you anything to try. You can reach them by calling 311.

[Hedgehog_Mom]

Originally Posted by cablemom85

They hire tons of security who do nothing but drive around in their cars. If you need help they tell you to call 911, so what is the point?

That's what private security is able to do. It's limited by the state code. If they don't personally see something happening, they can't do anything about it. Your HOA could hire off-duty cops instead of private security and they would be able to do more, but they would cost twice as much.


I have a neighbor who's running a used car lot out of his house too...it's not a corner lot or I'd think we might be neighbors My HOA doesn't do anything either. They say that they'll send a letter and sometimes that works, but sometimes it doesn't. The only thing that my HOA is really excellent at is collecting dues.

Houses in my neighborhood still sell, even with the used car lot house and the unkempt lawns and trash that plagues my neighborhood, so maybe it won't affect your ability to sell your house as much as you might think it will.

[prim8]

This is why HOA's are a pointless pain in the behind.

The people that care, are fixing the issues with their property anyway.
The people who don't care about their property, don't care about what the HOA says either.

Nothing really changes, you just keep paying your quarterly taxes, and fees to make improvements and you get someone to complain to about issues and then get to complain that they're not doing anything about them.

[Bo]

Originally Posted by prim8

This is why HOA's are a pointless pain in the behind.

The people that care, are fixing the issues with their property anyway.
The people who don't care about their property, don't care about what the HOA says either.

Nothing really changes, you just keep paying your quarterly taxes, and fees to make improvements and you get someone to complain to about issues and then get to complain that they're not doing anything about them.

HOAs had a lot more options for enforcement 10 years ago, before the legislature overreacted to a few bad apples in other parts of the state by neutering them statewide.

If the legislature continues down this path and eliminates the ability to impose liens to collect fees, there are going to be a lot of neighborhoods in San Antonio with abandoned pools and playgrounds, because their HOA went bankrupt.

[need4speed2012]

Here's where you start on your own, once you've found all violations call code enforcement at 210.207.7881.

https://www.municode.com/library/tx/...velopment_code


Teams & Units

https://www.sanantonio.gov/ces/About/TeamsUnits.aspx