Texas Fishing Forum

HOA getting sued

Posted By: junbengreat

HOA getting sued - 02/09/19 03:25 PM

Our hoa is getting sued. They replaced the old board a year ago and that was a legal battle in itself. The new board is trying to fix all the mess they inherited. They passed one vote regardless of how many lots you owned. One guy owned 200 and had 200 votes at each election. He is suing our hoa because he says the deed restrictions for his lots say he only owed $1.25 in monthly hoa fees. The old board raised it to $25 without doing it properly and he wants backpay for the last 10 years to the amount of $200k. Now they are in a rush to update deed restrictions to reflect price increase so there are no other lawsuits. If they keep getting sued they will have to declare bankruptcy and hoa will cease to exist. What a hot mess
Posted By: Bigbob_FTW

Re: HOA getting sued - 02/09/19 03:29 PM

Never a problem here.
Posted By: Gitter Done

Re: HOA getting sued - 02/09/19 03:30 PM

popcorn2
Posted By: fishmagnet

Re: HOA getting sued - 02/09/19 03:32 PM

Some 'fuzzy' math going on here. hmmm
Posted By: bill oxner

Re: HOA getting sued - 02/09/19 03:37 PM

We went through a rough spot several years ago. All is now calm in our subdivision.
Posted By: CCTX

Re: HOA getting sued - 02/09/19 03:42 PM

Your HOA could easily lose this case if the individual has a good lawyer

The HOA in the neighborhood across the creek from us lost a big case against one of the landowners
The landowner wanted to expand all the way to the creek instead of 100ft short of it
They actually didn’t simply lose; they chose not to contest due to the expense of enforcing their deed restrictions

HOAs are like a big dog with a loud bark, but no bite

If challenged with a potentially expensive lawsuit, they will tuck their tails and whimper
Posted By: outfishdya

Re: HOA getting sued - 02/09/19 03:55 PM

I enjoy hearing about HOAs being sued. I hope they all fail
Posted By: WAWI

Re: HOA getting sued - 02/09/19 04:46 PM

Originally Posted by outfishdya
I enjoy hearing about HOAs being sued. I hope they all fail


The one in pecan plantation was a mess when I lived there. Our little 3 house development now with DNRs and a process to handle variances is great. We have been at total peace for 11 years.
Posted By: Nickbyrd

Re: HOA getting sued - 02/09/19 04:53 PM

Our hoa is pretty chill . Don’t live like trailer trash and ask before you build a structure . It gets hairy when the old men get into a squabble and it turns into a pishing match . Other than that no issues.
Posted By: junbengreat

Re: HOA getting sued - 02/09/19 05:00 PM

Originally Posted by fishmagnet
Some 'fuzzy' math going on here. hmmm


If I read the newspaper right they settled for $200k but other people started suing as well. They are trying to fix this before they go bankrupt.
Posted By: cob

Re: HOA getting sued - 02/09/19 05:01 PM

I live in Sun City Georgetown. Our HOA currently has about 8000 homes. Build out is 10,000. Been here 6 years; overall no problems. Everything is kept up and looks like a park. HOA owns the three golf courses inside the community.
Posted By: WAWI

Re: HOA getting sued - 02/09/19 05:19 PM

Originally Posted by cob
I live in Sun City Georgetown. Our HOA currently has about 8000 homes. Build out is 10,000. Been here 6 years; overall no problems. Everything is kept up and looks like a park. HOA owns the three golf courses inside the community.


When I was in pecan there was a lawsuit going on over RV parking. Different areas had different rules. Rather than read the restrictions for their area they would see someone else in neighborhood with one and assume it was ok. There is a similar bunch of bickering going on in the subdivision I back up to over out buildings. Some houses predated the annexation of the neighborhood and were exempt on their ridiculous looking stuff they put in their yard then new people move in and want to do the same. There is always that old Codger who figures he bought the place so he can do whatever neighbor be damned. In the case in the neighborhood we border it's a hippy who runs wild trashing up his place with all types of nonsense. I'm sure the neighbors to him will take a beating at sell time as nobody wants to live near it. Everyone hates HOA and cnr until a dirty slob moves next door.
Posted By: Ranger Z21

Re: HOA getting sued - 02/09/19 05:29 PM

I would be very curious to take a close look at your covenants. I was our HOA president for 10 years and we were about as chilled as any HOA. In our covenants which you signed when you bought your house oh and by the way most don't read then when there is an issue they play dumb. Anyway ours said we were protected up to 2,000,000 and after that each homeowner were responsible for an equal share. I can tell you most covenants are boilerplate agreements so I would check yours to see if that clause is there because there is a good chance it is. I don't know if you are self managed or you have a management company but I would be checking what you signed.
Posted By: junbengreat

Re: HOA getting sued - 02/09/19 06:16 PM

We have a management company.
Posted By: Davedave

Re: HOA getting sued - 02/09/19 07:45 PM

I lived without one for fifteen years. It was awesome. I moved. I have one now. I don’t like them. They can kiss my arse.
Posted By: BCBassCat

Re: HOA getting sued - 02/09/19 08:17 PM

Within a month of living at our house we got a picture of our trashcans being on the side of the house, saying this wasn't acceptable. 2 years later every house has their trashcans on the side of house. And there still is no pool.
Posted By: HasBen

Re: HOA getting sued - 02/09/19 08:27 PM

I always lived in a HOA neighborhood in my 30 years in Dallas. Kept the neighborhood nice and helped keep resale up. Wouldn’t have had it any other way. When I moved to East Texas, did not move into an HOA and am fine with it, so far. No problem with any of the neighbors yet.
Posted By: patriot07

Re: HOA getting sued - 02/10/19 03:18 AM

Originally Posted by junbengreat
We have a management company.

Wish we did, but we can't afford it. 17 lots and $300 a year is only $5100 a year in total income.

Ours has become a joke. A couple of idiots took over just so one of them could build a shop that nobody wanted. A couple of years before the shop was built, one of them built a fence 15' over his property line. I was chair of the Architectural Committee and enforced on them. They've taken all HOA matters personally ever since then. When the shop stuff came up, I tried to ask them to at least follow the rules, and I've been ostracized, called a liar, etc. in public emails that include the entire community. I respond with kindness and facts and assume that most neighbors really don't care, and the few who do can see through the BS that the officers spew.

Just recently had another big issue - the neighborhood gate closed on my truck just before Christmas. It was damaged seriously a few months before but of course the officers got some unlicensed company to repair it and they jerry-rigged this thing up pretty bad. The damage is on the side of the bed of my truck and there is video evidence showing the gate closing on me. To avoid another public debacle, I offered to split the $1000 repair bill with the officers, but they told me that I ran into the gate and they wouldn't cover anything, and they wanted my insurance policy number so they could file against it for gate repair costs. I told them to give me the HOA insurance policy number, or I'd take them to small claims and make them look like the idiots they are. They eventually gave me the info, and of course the insurance company is paying for 100% of the truck repair costs.

Long story short - HOAs are fine so long as you have a management company, but I'll never live in a neighborhood with a homeowner-run HOA again.
Posted By: patriot07

Re: HOA getting sued - 02/10/19 03:28 AM

Originally Posted by junbengreat
Our hoa is getting sued. They replaced the old board a year ago and that was a legal battle in itself. The new board is trying to fix all the mess they inherited. They passed one vote regardless of how many lots you owned. One guy owned 200 and had 200 votes at each election. He is suing our hoa because he says the deed restrictions for his lots say he only owed $1.25 in monthly hoa fees. The old board raised it to $25 without doing it properly and he wants backpay for the last 10 years to the amount of $200k. Now they are in a rush to update deed restrictions to reflect price increase so there are no other lawsuits. If they keep getting sued they will have to declare bankruptcy and hoa will cease to exist. What a hot mess

To address the OP - this sounds like a real mess.

But the HOA can make special assessments to cover unexpected expenses. If I was a homeowner there, that's what I'd be worried about.
Posted By: Ranger Z21

Re: HOA getting sued - 02/10/19 01:25 PM

Originally Posted by patriot07
Originally Posted by junbengreat
We have a management company.

Wish we did, but we can't afford it. 17 lots and $300 a year is only $5100 a year in total income.

Ours has become a joke. A couple of idiots took over just so one of them could build a shop that nobody wanted. A couple of years before the shop was built, one of them built a fence 15' over his property line. I was chair of the Architectural Committee and enforced on them. They've taken all HOA matters personally ever since then. When the shop stuff came up, I tried to ask them to at least follow the rules, and I've been ostracized, called a liar, etc. in public emails that include the entire community. I respond with kindness and facts and assume that most neighbors really don't care, and the few who do can see through the BS that the officers spew.

Just recently had another big issue - the neighborhood gate closed on my truck just before Christmas. It was damaged seriously a few months before but of course the officers got some unlicensed company to repair it and they jerry-rigged this thing up pretty bad. The damage is on the side of the bed of my truck and there is video evidence showing the gate closing on me. To avoid another public debacle, I offered to split the $1000 repair bill with the officers, but they told me that I ran into the gate and they wouldn't cover anything, and they wanted my insurance policy number so they could file against it for gate repair costs. I told them to give me the HOA insurance policy number, or I'd take them to small claims and make them look like the idiots they are. They eventually gave me the info, and of course the insurance company is paying for 100% of the truck repair costs.

Long story short - HOAs are fine so long as you have a management company, but I'll never live in a neighborhood with a homeowner-run HOA again.


While I agree with most of what you said I don't agree with the management company. Our self managed HOA had very few problems. The neighborhood next to us went from self managed to a management company and their dues tripled. The rules became stupid and had two assessments added in the first six months. They made a mistake and gave them a three year contract. Some people actually sold due to not being able to afford to live there anymore. With self managed you usually know most everyone personally so your more likely to work with your neighbors. At least that's how we ran ours and it worked well for us.
Posted By: Hard Rain

Re: HOA getting sued - 02/10/19 02:30 PM

Most decent towns have plenty of town ordinances so I will avoid any HOA like the plague.
Posted By: Ranger Z21

Re: HOA getting sued - 02/10/19 05:52 PM

Originally Posted by Hard Rain
Most decent towns have plenty of town ordinances so I will avoid any HOA like the plague.


So you live in Flower Mound and no HOA? Must be an older neighborhood. I felt like you at one time but changed my opinion when I looked at our old neighborhood in Lewisville and all the renters and junk laying around. We got out of there just in time and the neighborhood was only five years old at the time and no HOA.
Posted By: Moto-Moto

Re: HOA getting sued - 02/10/19 06:55 PM

HOAs are for folks that don't know how to communicate or lack the fortitude to be able to confront someone.
Posted By: patriot07

Re: HOA getting sued - 02/11/19 02:23 AM

Originally Posted by Ranger Z21
While I agree with most of what you said I don't agree with the management company. Our self managed HOA had very few problems. The neighborhood next to us went from self managed to a management company and their dues tripled. The rules became stupid and had two assessments added in the first six months. They made a mistake and gave them a three year contract. Some people actually sold due to not being able to afford to live there anymore. With self managed you usually know most everyone personally so your more likely to work with your neighbors. At least that's how we ran ours and it worked well for us.

I can fire a management company. I can't fire a neighbor. And my experience in this neighborhood versus my previous neighborhoods that were all company-managed is that neighbors take things personally, aren't reasonable, and will absolutely make your life awful if you don't get in line with what they want.

I'm sure it's possible to have a good experience with either, but you can end a bad experience with a management company a lot easier than with bad neighbors. We've had several folks leave because of the HOA Board idiots, and I know for a fact they won't be gone in 3 years.
Posted By: SteezMacQueen

Re: HOA getting sued - 02/11/19 02:34 AM

Suburbanites!

Buy land and quit pleasing your [censored] neighbors.
Posted By: junbengreat

Re: HOA getting sued - 02/11/19 03:04 AM

Looking for property as we speak. I’m outta this hoa and gonna build.
Posted By: Ranger Z21

Re: HOA getting sued - 02/11/19 12:56 PM

Originally Posted by patriot07
Originally Posted by Ranger Z21
While I agree with most of what you said I don't agree with the management company. Our self managed HOA had very few problems. The neighborhood next to us went from self managed to a management company and their dues tripled. The rules became stupid and had two assessments added in the first six months. They made a mistake and gave them a three year contract. Some people actually sold due to not being able to afford to live there anymore. With self managed you usually know most everyone personally so your more likely to work with your neighbors. At least that's how we ran ours and it worked well for us.

I can fire a management company. I can't fire a neighbor. And my experience in this neighborhood versus my previous neighborhoods that were all company-managed is that neighbors take things personally, aren't reasonable, and will absolutely make your life awful if you don't get in line with what they want.

I'm sure it's possible to have a good experience with either, but you can end a bad experience with a management company a lot easier than with bad neighbors. We've had several folks leave because of the HOA Board idiots, and I know for a fact they won't be gone in 3 years.


Not as easy to fire a management company as you might think. They all have contracts that aren't easily voided. I would much rather deal with a neighbor than dealing with a corporation. Management companies are also more likely to add assessments anytime they feel like it. Most of the time for very stupid reasons. A self managed won't do it unless it improves the neighborhood property values and is truly needed as it effects their bottom line also. Usually a neighborhood vote is required unlike a MC who can do as they please. To each his own.
Posted By: PondFish

Re: HOA getting sued - 02/11/19 01:45 PM

When I was looking for my first house I knew to ask about HOAs, didn't want one. Finally settled on a house in a neighborhood that had a voluntary HOA, really more of a big garden club. Being in the compliance area of the mortgage business I went a pulled the deed restriction on the subdivision before I closed on the deal.
A couple months after we moved in I get a letter telling me dues are late, tossed it in the trash. Then the President of the HOA knocks on my door (this is the first time I ever met the guy) and tells me I need to sign up and pay dues. I pulled out my file on the house from closing and showed him my copy of the Deed Restrictions that clearly showed no mandatory HOA, told him no and told him good bye.
Word got around that there had been a big fight. I told anyone that asked that there wasn't any fight, I simply set him straight and he didn't like it. .
Posted By: ReelBusy

Re: HOA getting sued - 02/11/19 01:53 PM

Deed restrictions are a good thing if you are buying small acreage in rural areas. HOAs/POAs can give the busy-bodys authority to meddle if someone with brains and a backbone are not involved to keep them in check.
Posted By: Moto-Moto

Re: HOA getting sued - 02/11/19 02:43 PM

Originally Posted by junbengreat
Looking for property as we speak. I’m outta this hoa and gonna build.



How much is acreage in that area? It's 25 to 30k per up here
Posted By: junbengreat

Re: HOA getting sued - 02/11/19 04:01 PM

Originally Posted by Moto-Moto
Originally Posted by junbengreat
Looking for property as we speak. I’m outta this hoa and gonna build.



How much is acreage in that area? It's 25 to 30k per up here


We have been looking in the glen rose area. Acreage is about $8k-$15k. Been looking for 10-15 acres but it’s slim pickings. Trying to convince wife to move to mountain lakes in bluff dale.
Posted By: Stump jumper

Re: HOA getting sued - 02/11/19 06:21 PM

Originally Posted by Bigbob_FTW
Never a problem here.
nor here. HOAs has made up of a few that want to impose their beliefs on others.
Posted By: patriot07

Re: HOA getting sued - 02/11/19 06:57 PM

Originally Posted by Ranger Z21
Not as easy to fire a management company as you might think. They all have contracts that aren't easily voided. I would much rather deal with a neighbor than dealing with a corporation. Management companies are also more likely to add assessments anytime they feel like it. Most of the time for very stupid reasons. A self managed won't do it unless it improves the neighborhood property values and is truly needed as it effects their bottom line also. Usually a neighborhood vote is required unlike a MC who can do as they please. To each his own.
You don't even have to fire them. Just wait 3 years and they're gone. These idiots are gonna be around forever. That's my point.

No neighborhood vote is required for homeowner-run HOAs. That's why you have a Board - so they can manage the HOA without getting the entire community involved in every decision.
Posted By: Ranger Z21

Re: HOA getting sued - 02/11/19 08:11 PM

Originally Posted by patriot07
Originally Posted by Ranger Z21
Not as easy to fire a management company as you might think. They all have contracts that aren't easily voided. I would much rather deal with a neighbor than dealing with a corporation. Management companies are also more likely to add assessments anytime they feel like it. Most of the time for very stupid reasons. A self managed won't do it unless it improves the neighborhood property values and is truly needed as it effects their bottom line also. Usually a neighborhood vote is required unlike a MC who can do as they please. To each his own.
You don't even have to fire them. Just wait 3 years and they're gone. These idiots are gonna be around forever. That's my point.

No neighborhood vote is required for homeowner-run HOAs. That's why you have a Board - so they can manage the HOA without getting the entire community involved in every decision.


I am not going to argue this point with you. I was a board member and president of our self managed HOA for 14 years total. In that time we had a few minor issues and always the same person. He never got his way and out of 46 homes whenever a vote was taken it was always the same 45-1. Our covenants as is with most there is a clause that states any expense or major improvement over a certain amount (ours was 10,000 dollars) required approval of two thirds of the homeowners. The same was required to change a bylaw or a due increase. Your statement about no vote is required for a self managed HOA is absurd. If that was the case any board could do what they wanted with no say so from the homeowners. Now your speaking of a management company. We always ran major improvements by everyone first even when they were less than the 10,000 amount. The purpose of the board is to run day to day operations but when it comes to big changes or large expenses that's why you have the voting clause. This one individual always tried to threaten us and we just said go ahead and sue. If you don't like an HOA why did you buy your house in one? I am gone now but he is still causing problems with the new president. Each neighborhood has one individual that likes to cause an issue to be noticed. I hope that's not you. Have a great day.
Posted By: patriot07

Re: HOA getting sued - 02/12/19 02:15 AM

Originally Posted by Ranger Z21
Originally Posted by patriot07
Originally Posted by Ranger Z21
Not as easy to fire a management company as you might think. They all have contracts that aren't easily voided. I would much rather deal with a neighbor than dealing with a corporation. Management companies are also more likely to add assessments anytime they feel like it. Most of the time for very stupid reasons. A self managed won't do it unless it improves the neighborhood property values and is truly needed as it effects their bottom line also. Usually a neighborhood vote is required unlike a MC who can do as they please. To each his own.
You don't even have to fire them. Just wait 3 years and they're gone. These idiots are gonna be around forever. That's my point.

No neighborhood vote is required for homeowner-run HOAs. That's why you have a Board - so they can manage the HOA without getting the entire community involved in every decision.


I am not going to argue this point with you. I was a board member and president of our self managed HOA for 14 years total. In that time we had a few minor issues and always the same person. He never got his way and out of 46 homes whenever a vote was taken it was always the same 45-1. Our covenants as is with most there is a clause that states any expense or major improvement over a certain amount (ours was 10,000 dollars) required approval of two thirds of the homeowners. The same was required to change a bylaw or a due increase. Your statement about no vote is required for a self managed HOA is absurd. If that was the case any board could do what they wanted with no say so from the homeowners. Now your speaking of a management company. We always ran major improvements by everyone first even when they were less than the 10,000 amount. The purpose of the board is to run day to day operations but when it comes to big changes or large expenses that's why you have the voting clause. This one individual always tried to threaten us and we just said go ahead and sue. If you don't like an HOA why did you buy your house in one? I am gone now but he is still causing problems with the new president. Each neighborhood has one individual that likes to cause an issue to be noticed. I hope that's not you. Have a great day.

Goodness...

I am not saying that you as a Board member were a problem. I'm saying that homeowners can be a problem that is harder to get rid of than a management company. That simple.

I used to like HOAs. Always had experience with ones run by management companies - zero issues in all those years. My one experience in a homeowner-run HOA has been an absolute disaster wrought with bias, numerous ethical violations, and the neighborhood split in half between those who want the rules enforced and those who are buddies with the officers and just want to get their way. I get that your HOA had very few issues - my point isn't that your HOA was bad - my point is that not all homeowner-run HOAs are good, and when they do go bad, it can be impossible to remedy without leaving. We've had opposite experiences. I'm not discounting yours. I would appreciate the same courtesy from you.
Posted By: Ranger Z21

Re: HOA getting sued - 02/12/19 02:27 AM

My point is I don't understand why anyone would choose a corporation to make decisions about their properties over ones neighbors and the people who have a dog in the hunt. Have a good evening.
Posted By: cocodrie

Re: HOA getting sued - 02/12/19 02:42 AM

^^^^ This is usually how HOAs end up working. What a cluster.
Posted By: patriot07

Re: HOA getting sued - 02/12/19 03:56 AM

Originally Posted by Ranger Z21
My point is I don't understand why anyone would choose a corporation to make decisions about their properties over ones neighbors and the people who have a dog in the hunt. Have a good evening.

Understood, and makes sense.

My point is that if a company makes decisions you don't like, you can wait them out for a year or two. If a neighbor starts making decisions you don't like, that might be a couple of decades before they're gone. All they need is 51% of the neighborhood to be in on the good ole boys club mentality and they never really have to do anything that's fair or ethical or in the best interest of the community. And there's not a darn thing you can do about it.
Posted By: DavidWhatley

Re: HOA getting sued - 02/12/19 04:40 AM

Originally Posted by junbengreat
Originally Posted by Moto-Moto
Originally Posted by junbengreat
Looking for property as we speak. I’m outta this hoa and gonna build.



How much is acreage in that area? It's 25 to 30k per up here


We have been looking in the glen rose area. Acreage is about $8k-$15k. Been looking for 10-15 acres but it’s slim pickings. Trying to convince wife to move to mountain lakes in bluff dale.


Look at the lots in Ridgeview if Glen Rose is a consideration. It's got one of the best schools in TX.
Posted By: Ranger Z21

Re: HOA getting sued - 02/12/19 01:07 PM

Originally Posted by patriot07
Originally Posted by Ranger Z21
My point is I don't understand why anyone would choose a corporation to make decisions about their properties over ones neighbors and the people who have a dog in the hunt. Have a good evening.

Understood, and makes sense.

My point is that if a company makes decisions you don't like, you can wait them out for a year or two. If a neighbor starts making decisions you don't like, that might be a couple of decades before they're gone. All they need is 51% of the neighborhood to be in on the good ole boys club mentality and they never really have to do anything that's fair or ethical or in the best interest of the community. And there's not a darn thing you can do about it.


Yes I guess you could wait them out but what happens when that letter comes that says you are being assessed $5000.00 for an improvement and you have 14 days to pay? What do you do then? You pay or they lien your property. You have zero say so. That's what management companies do. Also dues are higher with a management company as somebody has to pay their fee and salary. They don't do it for free. With self managed you don't have any of that. I seriously doubt that your HOA covenants say that only a 51% majority is all it takes. I would love to read them and if that's the case no way in **** I would have ever bought property there. I guess what I really don't understand is did you read the agreement before you bought? If you don't like self managed why did you buy there? Have you ever ran for a board position so you could bring positive change on what you perceive to be wrong? Like I said before there is always one that is an issue and I am starting to think that's you. I mean no disrespect on that last statement it's just how I see it.
Posted By: patriot07

Re: HOA getting sued - 02/12/19 02:59 PM

Originally Posted by Ranger Z21
Originally Posted by patriot07
Originally Posted by Ranger Z21
My point is I don't understand why anyone would choose a corporation to make decisions about their properties over ones neighbors and the people who have a dog in the hunt. Have a good evening.

Understood, and makes sense.

My point is that if a company makes decisions you don't like, you can wait them out for a year or two. If a neighbor starts making decisions you don't like, that might be a couple of decades before they're gone. All they need is 51% of the neighborhood to be in on the good ole boys club mentality and they never really have to do anything that's fair or ethical or in the best interest of the community. And there's not a darn thing you can do about it.
Yes I guess you could wait them out but what happens when that letter comes that says you are being assessed $5000.00 for an improvement and you have 14 days to pay? What do you do then? You pay or they lien your property. You have zero say so. That's what management companies do. Also dues are higher with a management company as somebody has to pay their fee and salary. They don't do it for free. With self managed you don't have any of that. I seriously doubt that your HOA covenants say that only a 51% majority is all it takes. I would love to read them and if that's the case no way in **** I would have ever bought property there. I guess what I really don't understand is did you read the agreement before you bought? If you don't like self managed why did you buy there? Have you ever ran for a board position so you could bring positive change on what you perceive to be wrong? Like I said before there is always one that is an issue and I am starting to think that's you. I mean no disrespect on that last statement it's just how I see it.
I can't imagine if they issued a $5k assessment with 14 days to pay...unimaginable.

Like I said though, the neighborhood has been split in half. It's not just me. There are 5 or 6 of us that just want the rules followed and all homeowners treated fairly, about 7 or 8 that are in the "wine club" that the officers run and will go along with whatever they say, and about 5 more that don't care enough to take a side.

I moved to the neighborhood with a homeowner-run HOA having had zero experience with one. But I imagined that neighbors would treat each other with respect, common courtesy, and fairness. I had no idea that people would treat those who live across the street with hatred, disdain, etc. just because their buddy wants to build a fence/shop/etc and I expect them to follow the rules.

I was the chair of the architectural committee for 2 years when we moved in. Appointed by the old board, who was fine. New board was elected 1 year into my term and they are the ones who took it personally against me when the ACC enforced against a fence built way, way over a property line. The board removed me from my position because I asked them to follow their own rules, and ever since then the neighborhood has been split between the good ole boys and the people who just want everyone to play by the same rules that we all agreed to.
Posted By: patriot07

Re: HOA getting sued - 02/12/19 03:01 PM

You may be starting to think I'm the only problem in my neighborhood (just comical), but I'm starting to think that you were the head of the good ole boys club and didn't know it...
Posted By: WAWI

Re: HOA getting sued - 02/12/19 03:05 PM

The problem with not being in an hoa or having good cnr is eventually some low budget s hole people move in and start acting like idiots. It's for sure to happen it's just a matter of when and how close do the live to you. Lots of trashy people in the world, it's hard to fight them off alone.
Posted By: Ghost4BH

Re: HOA getting sued - 02/12/19 03:16 PM

What in the H E double hockey sticks is going on here?
Posted By: 1WithTXFish

Re: HOA getting sued - 02/12/19 03:20 PM

HOAs suck unless you have the time and drive to become a board member. Most of the time they are very competitive positions but its all about politics and "friendships". Personally I looked for an established neighborhood without an HOA when we purchased our home.
Posted By: RayBob

Re: HOA getting sued - 02/12/19 03:28 PM

I might could use a homeowners assoc.

About a mile down the road there's a bunch living a travel trailer with a built over and add-on. They are building 2, 2-story houses, 1 covered with sheet metal (siding and roofing) . One of the "houses" has been under construction for 2.5 years and the other is just a frame that has been standing for 6 months. This little village is encapsulated within a 300 ft radius and also has a dog pen out front, 3 dog houses (outside the pen), an A-frame with a complete 5.3L cheby hanging on it (for over a year), 4 assorted "dead" vehicles (2 out in the woods "out back"). All 5 of the dogs are free ranging. Oh, I forgot the minner pond they dug out by the county road with the borrowed backhoe ... it never filled up with water ... just several old bicycles, a window A/C unit, and a couple of old 55 gallon rusted drums.

We call the place Joe Sh!t the Ragman's .
Posted By: Hard Rain

Re: HOA getting sued - 02/12/19 03:40 PM

Originally Posted by 1WithTXFish
HOAs suck unless you have the time and drive to become a board member. Most of the time they are very competitive positions but its all about politics and "friendships". Personally I looked for an established neighborhood without an HOA when we purchased our home.


^^^Yup
Posted By: MBradford

Re: HOA getting sued - 02/12/19 04:15 PM

Originally Posted by RayBob
I might could use a homeowners assoc.

About a mile down the road there's a bunch living a travel trailer with a built over and add-on. They are building 2, 2-story houses, 1 covered with sheet metal (siding and roofing) . One of the "houses" has been under construction for 2.5 years and the other is just a frame that has been standing for 6 months. This little village is encapsulated within a 300 ft radius and also has a dog pen out front, 3 dog houses (outside the pen), an A-frame with a complete 5.3L cheby hanging on it (for over a year), 4 assorted "dead" vehicles (2 out in the woods "out back"). All 5 of the dogs are free ranging. Oh, I forgot the minner pond they dug out by the county road with the borrowed backhoe ... it never filled up with water ... just several old bicycles, a window A/C unit, and a couple of old 55 gallon rusted drums.

We call the place Joe Sh!t the Ragman's .



It's East Texas.....nothing more needs to be said.
Posted By: Donpilot

Re: HOA getting sued - 02/12/19 04:30 PM

My last house. House across the street had a 15 year old car in the front yard ( not on the street) for 5 years. No engine, no hood, during summer it had 4 wheels, during the winter it had 2 cement blocks under the front (snow tires were put on the truck). The driveway had a stripped to the frame old pick-up that sat for 6 or 7 years. My new house has a HOA.
Posted By: Hard Rain

Re: HOA getting sued - 02/12/19 06:08 PM

Originally Posted by Donpilot
My last house. House across the street had a 15 year old car in the front yard ( not on the street) for 5 years. No engine, no hood, during summer it had 4 wheels, during the winter it had 2 cement blocks under the front (snow tires were put on the truck). The driveway had a stripped to the frame old pick-up that sat for 6 or 7 years. My new house has a HOA.


Any decent towns have ordinances against such do you live in a rural area?
Posted By: Ranger Z21

Re: HOA getting sued - 02/12/19 07:06 PM

Originally Posted by WAWI
The problem with not being in an hoa or having good cnr is eventually some low budget s hole people move in and start acting like idiots. It's for sure to happen it's just a matter of when and how close do the live to you. Lots of trashy people in the world, it's hard to fight them off alone.


This excatly.
Posted By: Ranger Z21

Re: HOA getting sued - 02/12/19 07:31 PM


[/quote]I can't imagine if they issued a $5k assessment with 14 days to pay...unimaginable.

Like I said though, the neighborhood has been split in half. It's not just me. There are 5 or 6 of us that just want the rules followed and all homeowners treated fairly, about 7 or 8 that are in the "wine club" that the officers run and will go along with whatever they say, and about 5 more that don't care enough to take a side.

I moved to the neighborhood with a homeowner-run HOA having had zero experience with one. But I imagined that neighbors would treat each other with respect, common courtesy, and fairness. I had no idea that people would treat those who live across the street with hatred, disdain, etc. just because their buddy wants to build a fence/shop/etc and I expect them to follow the rules.

I was the chair of the architectural committee for 2 years when we moved in. Appointed by the old board, who was fine. New board was elected 1 year into my term and they are the ones who took it personally against me when the ACC enforced against a fence built way, way over a property line. The board removed me from my position because I asked them to follow their own rules, and ever since then the neighborhood has been split between the good ole boys and the people who just want everyone to play by the same rules that we all agreed to.
[/quote]

Well I know of multiple incidents where those types of assessments were made and it does occur all the time. I guess this is where I am having a problem with what your saying (again would love to know this HOA and read their bylaws) the reason being is most of what you claim to be happening is illegal. You say you were chair of the ACC board and they didn't like your decision on a fence so they removed you. How many were on this committee? Did they remove the whole committee or just you? How can they remove you or the committee if what your saying is true? A fence built over a property line is an encroachment and would be illegal to do anyway. Is your board and ACC elected positions because they should be and should have term limits. I guess what I am really saying is most of the things your saying just don't add up as being probable. As far as me being one of the good old boys that's laughable. In fifteen years that I was involved we made tons of valuable improvements to our neighborhood that not only improved our property values but also the enjoyment of living there. The neighborhood is twenty years old now and in that entire time there have been only 6 houses that have changed ownership, three being in the last two years. All sold over asking price and in three days or less. We must have been doing something right.
Posted By: ZX-250

Re: HOA getting sued - 02/15/19 01:13 AM

Just curious. I have heard if an HOA goes bankrupt, then so do the homeowners that live in the HOA. Anybody know if that has any merit in it?
Posted By: patriot07

Re: HOA getting sued - 02/15/19 01:39 AM

Originally Posted by ZX-250
Just curious. I have heard if an HOA goes bankrupt, then so do the homeowners that live in the HOA. Anybody know if that has any merit in it?
No
Posted By: Ranger Z21

Re: HOA getting sued - 02/15/19 12:03 PM

Originally Posted by ZX-250
Just curious. I have heard if an HOA goes bankrupt, then so do the homeowners that live in the HOA. Anybody know if that has any merit in it?


Depends on what your covenants say. In most cases no. Most homeowners are so excited when buying their home they don't read what they are signing and agreeing to.
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