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 ...
I am President of my HOA. And being of Jewish persuasion, I take offense to that remark.
Tough.
...isn’t Soros Jewish too?
Your particular HOA may have been quite a good one. Ours is and I’ve found them to be quite pleasant to deal with when some of the neighborhood Nazis get their dander up (self-appointed community busybodies who love nothing better than to stroll the neighborhood and report any possible offender who might have left his Christmas lights up longer than a week past New Year’s).
However, there are plenty of HOA in our county that have quite the opposite reputation. I haven’t heard of one as egregious as this particular story sounds, but they are staffed by the Barney Fife type, jumping on the homeowner over every single neighborhood Nazi’s complaints and sending out letters, fines, and nastygrams.
I’m sorry your experience with HOA’s has been negative. But there are so many people who just don’t want to follow the rules. I’m not a tyrant, which is why I’m the President, but if people don’t pay their dues, I go ballistic. This effects EVERYBODY and EVERYBODY ends up paying. You have a choice when you buy a home to buy into a HOA community, or not. YOU SIGN AN AGREEMENT. Once you do...you have to abide by the rules and if you don’t like the rules, there are ways to change them. HOA’s, like governments, are just people. If you don’t like it...VOTE THEM OUT. But like governments, people would rather complain than actually do something. Being on a Board is a thankless job, believe me.
Further down I use the same word - please forgive. In place of “neighborhood Evil Word” insert “Barney Fife.”
I now return you to your regular programming.
He didn’t pay his dues....he suffers the consequences....that’s how we evaluate it here on FR usually...too bad...so sad.
Never again will I buy into an HOA. These people are as crazy as any Democrat in office, POWER is all that is about.
OH, it’s ok..I understand the context. I lived in a community in San Diego and I thought the same thing...they were more like bullies. When I moved into my new place, I decided to become involved and seeing things from the other side is very enlightening. The Bull people come up with is astounding and everyone is so angry all the time. We just want to keep a nice place, that’s all. Again, I don’t know why people agree to live in a community then get all miserable about it. Again, VOTE THEM OUT.
Hoa’s should not have the power to foreclose on a home. Period. Normal credit collection, yes. Report dilinquencies to credit beareaus, yes. Take someone home, nope.
Actually, after reading the story, it seems to me the problem is a mentally ill spouse.
I’ve been there, and seen this many times in other’s lives. When your spouse is truly mentally ill, the devastation that can be wrought in your life is unbelievable. He’s lucky all his kids are still alive, that all he lost was a house.
A spouse like this has to be watched like a hawk - and he was in Iraq, so he couldn’t do it. For stuff like this compassionate leave of some sort is necessary.
Jail, bankruptcy, losing custody of your kids, death, injury - common things in families with a mentally ill parent.
Harpies going after the troops... tsk, tsk...
But, getting back to the issue at hand, again, assuming this story is true, you don't see anything even remotely resembling tyranny in selling a 300,000 dollar home for 3,500 dollars to collect an 800 dollar debt?
I still think there is more to this story than meets the eye.
Headaches come with any leadership position. There HAS to be a more level-headed approach to resolving issues.
Shalom.
Sounds mighty leftist to prohibit the lawful right to contract.
I beg to differ....HOA budgets are based on a number of people paying a certain amount every month. When that number changes, SOMEONE HAS TO PAY...and lest you say cut the budget..you go tell other homeowners who have been paying religiously every month that they no longer will get their cable because so and so won’t pay up...what do you think is going to happen? It’s like saying that if you stop making your payments on your car you car should not be repossessed. Sorry...again...most HOA’s just want you to come forward and make arrangements. That’s all we ask. But there are people who ignore us over and over and still use all the facilities like they own the place (We have pool, jacuzzi’s and boat docks.) So why should I pay for them? We don’t foreclose here. But I might if I could. We take them to civil court and if they don’t show up a bench warrant goes out for their arrest. And you know what? I don’t mind. By that point, they have done everything to avoid their obligation and it’s time to pay.
You have my sympathy. We’ve been very fortunate that our HOA folk have endless patience. I dealt with one particularly nasty individual (not part of the HOA but the one making the noise to them) who called me and berated me for over half an hour about my dad’s car in front of our home. This occurred on my father’s birthday, the first one I’d dealt with after he passed away. The next day I called the HOA in tears, still upset by the jerk. She was very kind and we came to an agreement about what to do with the car (it was still in probate). I gathered she’d dealt with the jerk on numerous occasions from the pained tone she took when discussing him. ;-)
Especially a home that's PAID FOR.
That's not foreclosure. That's theft.
I call BS. I am a lawyer in Joisey. While I don’t do collections, I am 99.9% sure parties have to file an Affidavit of Non-Military Service before defaulting someone.
Just because one CAN do something doesn’t mean one SHOULD do something.
There’s probably reason that the good Captain can’t quite “follow the rules”...There is a war on, after all.
Yes, I suspect there is a lot more to this story. We don’t foreclose here...it would be the absolute last case. And for 800????? I have a homeowner who owes us $9K. He was here this weekend. (I live in a resort community and most are second homes, so you know we’re last on the list). They have lied to me so many times I don’t even pay attention to what they say. But he’s going to be very sorry when he gets served next week with a civil judgement. And he’ll pay. The worst is when you know the people have the money. He actually asked us if we’d take 30%. Can you imagine? That’s a deal I’d like..Don’t pay for two years and then give 30 cents on the dollar? I was very naive until I had this job. I’ve learned the hard way that some people are just unethical, immoral and crooks and will do or say anything to avoid paying a bill.
Thanks for letting me vent!
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