Posted on 06/01/2010 9:07:42 PM PDT by Dr. Marten
Michael Clauer is a captain in the Army Reserve who commanded over 100 soldiers in Iraq. But while he was fighting for his country, a different kind of battle was brewing on the home front. Last September, Michael returned to Frisco, Texas, to find that his homeowners' association had foreclosed on his $300,000 house—and sold it for $3,500. This story illustrates the type of legal quagmire that can get out of hand while soldiers are serving abroad and their families are dealing with the stress of their deployment. And fixing the mess isn't easy.
(Excerpt) Read more at motherjones.com ...
Oh man, that was sweet. My first car was a ‘67 Mustang that my dad bought me in 1987. Loved that car.
Thank you so much for posting, and I agree with you 100% and laud your actions. That’s my dream someday, don’t want to have to move to Alaska to realize it.
“BTW, I did not buy this place as an investment, I bought it to live in.”
That’s the kicker, and something I was going to mention and forgot. A home is a (wo)man’s castle. It’s his or hers to do with pretty much as (s)he pleases. It’s about a space to stake out and live on, and it’s no one’s business what you do their (Well, threats to national security and the individual rights of other excluded, of course).
A home is not an investment, a house is. A home is where you can have freedom, and that’s what this country, and I’d say this world is founded upon. Freedom to choose and grow, and learn and make mistakes, to have sucess and failure. Not to dictate to others how they will live for ANY reason, it’s up to them, but leave me alone! (Metaphorically, not engaging your post, lol).
Just wanted to say thanks for posting that.
I’d love to have you as neighbors!
I would never want to live in an HOA community either.
I don’t need a babysitter telling me what I can and can’t do with my property. I’m intelligent enough to take care of it myself. My neighborhood gets along just fine without one!
But you are incorrect in one assumption: the HOA does have a say in the land. Here in Texas, most associations are set up before the first house is ever built on it. So the encumberances run with the title (the way the State may have a utility easement on your property, even though you own the land). When you buy into an HOA, you buy a set of rights - but also of responsibilities. One of those responsibilities it to pay your fair share of the assessments needed for the association to function.
I appreciate your desire to offer alternatives; this is something boards struggle with to avoid foreclosure (the horrible last resort). In some cases, though, particularly condominiums and townhomes where the association is responsible for the parking lots, elevators, the HVAC and water systems, the "opt out" feature you suggested would be unworkable.
The answer, then, is simple. Some folks shouldn't buy into an HOA. There are plenty of regular single family homes or voluntary neighborhood associations where people can join if they want to, or not.
We usually only hear about the problems a person is having with their bills when there's an HOA involved, because HOAs are a convenient "bad guy." But the reality is that the HOA is obligated to provide certain services ("shall" and "must" being the operative terms in the covenants) on behalf of the residents, and the residents are obligated to fund the association and live by the governing documents.
You and I are alike, in that we read everything in detail, and understand what we are signing before we sign. If only more folks were like us! (Then we wouldn't have such ignorant ninnies in Congress writing laws they don't read!!)
It will be interesting to see how this unfolds in court. It’s my understanding (based on the news articles) that the soldier has representation and is trying to get his home back.
"The homeowners' association's lawyer filed an affidavit wrongly claiming that neither of the Clauers was on active duty, says Barbara Hale, the couple's lawyer."
I'll give Mother Jones credit on this one, they are up to speed on the Soldiers and Sailors Relief Act and it appears that the HOA lawyer didn't do his homework.
I hope the soldier gets the home back and goes after the HOA and its attorney. The attorney may claim negligence but the Bar should consider exemplary discipline. The HOA is entitled to a deduction for the assessments but the HOA can also be "assessed" damages and attorneys' fees by a federal court or probably a state court.
Hildy: May you be blessed.
See #108.
I had not noted #33 before posting #109. Sorry.
Thank you for enlightening me on how the HOA’s (principles, foundations), etc carry over with the land. In light of that, I will concede that aside from this issue (Which I feel has been pretty well hashed out as illegal), that HOA’s are operating within their contractual right to inhibit/restrict activities on land, if the contract signer agreed to them.
Shoot, until recently I lived in an apartment where I could not own a charcoal BBQ, but I knew that when I signed the 14 page lease. (Like I said, I read everything). Over time, it got annoying, and I got out, but I accepted it as a term of living there. As far as fee’s go, I’d still say to follow the judicial process, but that’s my soapbox ;)
In any event, thank you, because that one piece of information, has helped change my understanding. My parents bought some land that has a gas/oil well on it, and they get free gas (but someone else has the mineral rights), but have to clean up if the well breaks (they don’t get the oil, the former party sells it). I don’t like such an arrangement, then again I didn’t buy the land. To each his own, but if I want a green house, I guess I’ll read my contract first.
Thank you, I’m sorry if I’ve been unduly harsh. And I appreciate the enlightening. Have a good night, and God Bless.
P.S. “If only more folks were like us! (Then we wouldn’t have such ignorant ninnies in Congress writing laws they don’t read!!)” My vote for post excerpt of the day!
The attorney for the HOA is an agent of the HOA. That attorney’s negligence or fraud (as the case may be) in filing a false affidavit claiming that the soldier was not on active duty can be imputed to the HOA as well as to the attorney. That’s how.
You let a guy berate you on the phone for over half an hour? Man...I would’ve hung up on him in about 30 seconds flat.
The federal relief act places an affirmative obligation upon plaintiff’s attorney to prove that no defendant is in military service and upon the Court to make a factual determination. This is not a mere technicality and the filing of a false affidavit, negligent or intentional, ought not be tolerated by Bench or Bar, much less to strip an active duty soldier in a war theater of his fully paid $300,000 home over $800. That is without looking into the identity of the “buyer” and that buyer’s relationship to HOA or management or HOA attorney or whatever.
Someone did call the law when we were bump-firing the Beretta. They thought it was a machine gun. Can't hit anything that way, but I can keep them all in the backstop, and, DANG it, it sure is FUN!!
The cops saw what we were doing, and just told us to have fun. They said they were to busy to join us.
I’ll call BS on you. HOA’s ARE a bunch of thieves. The Board directors use members’ money to make damn sure repairs are made to the buildings they reside in while other parts of the development go without roof repairs, landscaping, siding falling off, lack of drainage, dry rot, termite problems, roofs and gutters stuffed with leaves and debris for 2 or more years even though there’s a contract for cleaning, and so on and so forth ad infinitum. The property manager runs roughshod over the Board who are mostly a bunch of dumb sheeple who are perfectly happy to let the property manager make all the decisions and lie her ass off all day long with claims that such and such has been taken care of when the truth is she hasn’t lifted a finger or made one phone call to rectify the problem. Even though the board shirks its duties under the CC&R’s for years on end, they’ll foreclose non-judicially in a heartbeat for as little as 2 months unpaid dues.
These bastard organizations are even more Gestapoesque than the federal government.
YOU have CC&R’s to follow. Follow them and quit being so quick to hammer a homeowner until your own house is in order.
It is a thankless job, most often deservedly so.
HOA boards all lack the ame zeal in fulfilling the association’s duties under the CC&R’s as they do enforcing dues payments.
HOAs are tyrannical little fiefdoms run mostly (not always) but easily led, dummies with leftist tendencies. They think just like the typical rat - pay your money and STFU. “We’ll do what we want when want to with YOUR money, chump.”
Agree 100%.
Moral of this story......never, ever, ever buy a home that is in a Home Owner Association. Nobody, and I mean NOBODY, is going to tell me when to take out the garbage, how many dogs I can have, when to mow my yard, what color I can paint my house, if I can put up a fence, etc.ect.etc. That’s why I live in the County on a farm with NO neighbors, few services and NO rules other than to obey the local laws and there aren’t many of those. I have sense enough to take care of my own property and I don’t give a fig what my neighbors, even if I don’t have any close enough to see, do with their property.
While I feel sorry for the serviceman and I really hope he gets his home back along with compensation, I hope he remembers this lesson and doesn’t buy another home with one of these associations. I can’t believe people don’t read contracts or would even consider buying property anywhere that allows a group to tell them what they can do on their property.
Living in the middle of nowhere away from people has it’s perks. :-)
Wrong. That’s not how we evaluate it here. A bunch of festering, money-grubbing tyrants aren’t given the regard you seem to think they’re due just because they have a past-due bill in their hand.
This guy was a soldier. He lost his home over $800 while serving his country keeping, the fat dumb asses of the HOA board safe. They stepped in with their grubby little hands and converted his equity, and I will bet you $100 one of those board members silently ended up with the property after having a proxy middle-man the deal. The equity is what the lawyers and certain board members are after. When there’s no equity, they don’t want to foreclose, especially if the property needs repairs that are the association’s responsibility.
So don’t give me this crap that how we look at such a case is typical of FR. BS on you.
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