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Homeowners' Associations; Help or Hurt?

By
Real Estate Agent with IRG Real Estate

 

house bill 8, homeowners associations

The majority of neighborhoods in areas of Collin County, such as Frisco, Plano, Prosper, McKinney and Little Elm are individually governed by homeowners’ associations (HOA’s).  Originally designed to protect homeowner’s HOA’s now seem to hurt them.  Some Frisco neighborhood residents are complaining that HOA’s are getting out of control. So much so that state leaders are saying they are regularly hearing stories of unrestrained HOA’s, not only in our local areas of Little Elm and Plano, but state wide and it has gotten their attention.  So much so that homeowners' associations were the target of some of the lawmakers in the latest Texas State legislative session. In this most recent session, Texas State representatives filed multiple bills that would limit the HOA's authority, including a measure that restricts their right to foreclose on homes.  Currently in Texas, an HOA can foreclose on a home owner when the home owner becomes delinquent with their association dues; this is because Texas is currently a non-judicial state when it comes to foreclosures.  Over the years we have heard stories of HOA’s purposefully aiming their foreclosure rights on homes that are free of mortgages in order to turn around and sell them for a nice profit.  One of the stories that made national headlines a few years back was of and HOA foreclosing on a military family while the husband was serving in Iraq, because his wife got behind on the dues.

Relief has finally come for home owner’s in Texas’ last Legislative session, several of the bills that were proposed have been passed and HOA’s will now find their power’s regarding foreclosure for failure to pay their association dues more limited.  In fact Texas passed 18 HOA reform bills; this is a huge win for home owners and very timely considering the Texas Legislature only meets every 2 years.  One of the bills that passed will now require an HOA to obtain a court order to foreclose on homes. However, it will take some time for these to be amended into the Texas property code and any “tweaking” that needs to be done will not be able to be addressed until the next session in 2013.  Until the property code is amended if you have any questions or curiosity about what changes were approved you can visit Texas Legislature Online and browse through them. 

Robyn Heathcock
www.irgrealestate.com

Robert Bob Gilbert
Berkshire Hathaway HomeServices Anderson Properties - Katy, TX
Your Katy TX ( West of Houston) Real Estate Expert

Well it is about time to take away some of the HOA power as many have gotten out of control as you point out in your blog. Thanks for the update as I usually don't read much about political items..

Jun 10, 2011 04:37 AM
David Shamansky
US Mortgages - David Shamansky - Highlands Ranch, CO
Creative, Aggressive & 560 FICO - OK, Colorado Mtg

There is a strong case on both sides but bottom line (as we see in our government) too much power yielded to to few ALWAYS results in some form of abuse and or corruption. Maybe not corruption in the level of an HOA but nowadays nothing would surprise me. Overall an HOA helps protect its neighbors values and surroundings to be neat clean well kept overall and you arent living next door to a smurf or princess pink home but I have seen judgments against homeowners for a 90 day past due HOA dues???? Ridiculous

Jun 10, 2011 04:45 AM
Robert Smith
Preview Properties, PC - http://www.RealEstateMich.com - Brighton, MI
SRES, Search for Homes Brighton-Howell-SE Michigan

Your HOA is only as good as the people elected as officers.  Most HOAs suffer from low interest by the majority of residents and a a vocal few 'complainers' who would never think of running for office - complaining is so much easier.  In my area, HOAs and COAs are suffering big time from the foreclosure epidemic.  They often are on tight budgets and a very small percentage of bank-owned homes that don't pay dues until a future closing hurts them severely. Some banks don't pay the whole outstanding amount of dues, either.  I'm seeing them only pay for dues from the date of the Sheriff's Sale, which means they can lose 6 months of income on a foreclosure property.

Jun 10, 2011 05:10 AM