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Subdivision Horrors--Is This Happening In Your Subdivision?
CCFJ.net ^ | 2001 | Tom Marshall

Posted on 06/24/2002 9:54:19 AM PDT by Barbara14

 

Easy investment not meant to be
Article Courtesy of Houston Chronicle


 

Easy investment not meant to be

Easy investment not meant to be 
By THOM MARSHALL 
Copyright 2001 Houston Chronicle 

Maybe you can relate to this: I hear about other people reaping spectacular rewards on investments, but when I get wind of some amazing deal in the works, something always happens. 

For example, I recently got a lead on a house scheduled for public auction that might have been an amazing deal. You could move into it or rent it out like the current owner has been doing. The only hitch was that it might have required a bit of fixing up. 

Whoever got it would have to clean up an oil spot on the driveway, if it hadn't already been taken care of satisfactorily. 

I know, that doesn't sound like much of a problem. Somebody says fixer-upper and you think cracked foundation or mold growing in the walls or termite damage. Something serious. 

Spot considered an eyesore
Heck, the house I'm living in had a stained driveway when we moved here. It has since been washed a few times but you can still see it. To the best of my knowledge, none of my neighbors have complained that the stain diminishes their quality of life. It just didn't seem important. I don't even recall mentioning it to the real estate agent during negotiations. 

But the neighborhood I live in now is not run by the Glencairn Community Improvement Association, as is the house I got the investment tip on. That association does not permit oil-stained driveways. 

"This was not a few drops of oil on the driveway," explained the association's lawyer, Cliff Davis of the firm Butler and Hailey, who filed suit against the owner of the house. "This was a stain that measured, at a minimum, five feet by five feet." 

The wheels of justice rolled on and eventually the owner of the house owed, in expenses, legal fees, court and constable costs, a total of $2,463. To force payment, the house was scheduled to be sold on Dec. 4. 

Probably the house would have brought more than $2,463. But maybe not very much more. These quiet little sales are not conducted in a way to realize the best possible price. 

Remember the fellow who picked up Wenonah Blevins' home when it was sold to recover some back homeowners association dues and legal fees? That elderly widow's home was valued at close to $150,000, and yet it brought a mere $5,000 when sold at one of these official auctions. 

You may be thinking that, so close to Christmas, you would feel a little uncomfortable about buying a house under such circumstances. But hey, business is business. The fellow did, after all, have a spot on his driveway. And before the judgment stage he was sent letters telling him to clean off his driveway and then more letters telling him to pay those legal fees generated by the spot on his driveway. It's all perfectly legal. 

"This oil stain was severe enough that the judge found it to be a violation of the restrictions," said Davis. "It has been charged by those pushing their own personal agenda in this matter that an oil stain could be nothing but trivial. That allegation insinuates that the judge in this case is a rubber stamp for associations. As any attorney practicing in this area will tell you, there are no judges that are rubber stamps for homeowners associations." 

Perfectly legal maneuvers
While I share the lawyer's obvious scorn for anyone who would push their own personal agenda and try to take advantage of a situation like this, I repeat: Business is business. And since it's all perfectly legal, I was thinking about bidding a few bucks on that house with the severe oil stain on the driveway. 

But Davis said he got a call on Tuesday, informing him that the owner had paid off the judgment, so it won't be auctioned after all. 

I asked Davis whether that severe stain had been cleaned up satisfactorily, thinking that if it hadn't maybe the process would start all over again. Maybe there'd be another chance at this house. He said he checked with the management company people who drive around looking for maintenance problems for the association, and they reported that the last time they checked the address, a car was parked in the driveway so they couldn't see whether the severe stain was still there or gone. 

No matter. I'm going to keep my eyes open for other investment opportunities. Homeowners associations in Harris County foreclose on at least 1,000 houses a year, according to one recent estimate. 


 



TOPICS: Crime/Corruption
KEYWORDS: acmp; butler; chronical; glencairn; hailey; hoa
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1 posted on 06/24/2002 9:54:19 AM PDT by Barbara14
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To: technochick99
BTTT
2 posted on 06/24/2002 9:56:05 AM PDT by Lazamataz
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To: Barbara14
Stupid Lifelong Apartment Dweller Question: How hard is it to clean up such an oil stain?
3 posted on 06/24/2002 10:01:11 AM PDT by NativeNewYorker
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To: Barbara14
These housing developments are a nightmare. I wish people would stop buying into them, so they would stop building them. Here is Phoenix we have half million dollar houses with ten feet of space between them, you walk into someones backyard and it looks like a mini version Manhattan skyline...
4 posted on 06/24/2002 10:02:16 AM PDT by riri
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To: riri
You don't even have to read the covenants to know what's in them. Just take a stroll down the block and take note of the oneness of it all. I don't get it.
5 posted on 06/24/2002 10:06:22 AM PDT by Trust but Verify
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To: NativeNewYorker
Depends on what the driveway is made out of. If concrete, easy: just power-wash it, or even scrub it. If macadam, you're out of luck. Asphalt is just another petroleum compound, motor oil bonds chemically to it. Easiest fix is re-pave the sucker.

Which is why **I** am glad MY townhouse is a next-to-the corner unit, and has neither a drivewat or a garage. I prefer having my library/office downstairs (g)

6 posted on 06/24/2002 10:14:37 AM PDT by Salgak
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To: NativeNewYorker
Stupid Lifelong Apartment Dweller Question: How hard is it to clean up such an oil stain?

If the concrete is porus enought, the oil soaks in deep enough you can't just wash it out. If it's not too deep sandblasting might get it out. Otherwise, get a new driveway.

7 posted on 06/24/2002 10:16:47 AM PDT by Ford Fairlane
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To: Barbara14
Do not purchase homes with HOAs, ever.
8 posted on 06/24/2002 10:21:36 AM PDT by Wm Bach
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To: Trust but Verify
These are most likely the kind of people that believe we consume too much energy, and global warming spells our doom...

Try substituting a clothesline for a high watt dryer - see how quickly you get a note from the association.

9 posted on 06/24/2002 10:23:25 AM PDT by NEJake
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To: Ford Fairlane; Salgak
...another reason I'm glad I live in "the city".
10 posted on 06/24/2002 10:24:50 AM PDT by NativeNewYorker
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To: Ford Fairlane
If the concrete is porus enought, the oil soaks in deep enough you can't just wash it out. If it's not too deep sandblasting might get it out. Otherwise, get a new driveway.

Why not just oil stain the whole driveway. Maybe oil is against the covenants and restriction, but I am sure some other dark substance could do the trick.

11 posted on 06/24/2002 10:25:56 AM PDT by Always Right
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To: Always Right
My Grandpa painted his every year - that helped when there was a leak because the oil would sit on top of the paint & not soak in as quick. Of course, I think he just used the hose then to wash it into the street. The enviro-whackos would go nuts if you did that today, even though the street was paved with cinders held down by OIL!!
12 posted on 06/24/2002 10:30:32 AM PDT by Ford Fairlane
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To: Ford Fairlane
If the concrete is porus enought, the oil soaks in deep enough you can't just wash it out.

Actually, a technique called "poulticizing" works really well. Mix an absorbent material like diatomaceous earth (swimming pool filter powder) with a solvent to a consistency of peanut butter. Plaster it onto the stain about 1/2" thick. Cover with plastic for one hour, then remove and allow to dry. Generally removes entire stain, alto several treatments may be needed.

13 posted on 06/24/2002 10:38:53 AM PDT by Restorer
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To: Ford Fairlane
The big downfall with painting is the drive can get too darn slippery.
14 posted on 06/24/2002 10:38:56 AM PDT by Always Right
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To: Always Right
I agree, if you have too much slope you dont want to paint the drive - especially if you get snow in the winter
15 posted on 06/24/2002 10:44:06 AM PDT by Ford Fairlane
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To: Restorer
I might have to try that, I know DE will soak up vegetable oil pretty well
16 posted on 06/24/2002 10:45:16 AM PDT by Ford Fairlane
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To: NativeNewYorker
No thanks, I **like** living out of the reach of excessive amounts of do-gooders . . . .
17 posted on 06/24/2002 11:02:22 AM PDT by Salgak
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To: Barbara14
If I found myself in the situation, I would consider hiring a nice fellow with a jackhammer to dig out a hole in my driveway (roughly 5 x 5).

Lots of noise. Ugly hole. But no more oil stain. No rules broken here! Costs less than the $2400 these poor folks parted with. When time and money allowed, I hire someone to patch the hole or re-pave or whatever. But I'd do it 'cause I wanted to, not the neighbors.

18 posted on 06/24/2002 11:08:22 AM PDT by ClearCase_guy
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To: Wm Bach
I disagree, I will not buy a home without a HOA and covenants. It protects your home value. I want my neighbor's yard and home to be maintained to keep up my property value. I don't want to live next to a yard with cars on blocks or dogs tied to trees. Just MHO!
19 posted on 06/24/2002 11:26:04 AM PDT by sibb1213
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To: sibb1213
You 'like' living in an area where everyone's mailbox is the same. Everyone's got a 'streetlamp' that is precisely like the one next door. And across the street. And behind you. You 'like' not being able to put up a basketball hoop. Or have to buy a specific type of playset for your children. Or maybe you 'like' not being allowed to put up a fence to keep in the kids or the dogs, or to keep out unwanted visitors. You really 'like' all that?
20 posted on 06/24/2002 11:36:45 AM PDT by Trust but Verify
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