Villages of Westcreek (Center, Van: senior, fishing, liability)

[guyo]

[quote=Steel Man;10884857]The HOA has not seized houses before. Do the research on BCAD and you find out that:

The house on Point Summit was transferred to the HOA on 7/8/2008. The owner purchased the house on 6/14/2006. Now, why would you transfer a house that is behind only 3 years of dues (current rate would be $840 plus misc. fines) on a house worth at least $159,000?

The house on Barkston Drive was transferred to the HOA on 6/11/2009. The owner purchased the house on 5/17/2005. Again, why would you transfer a house that is behind only 4 years of dues (current rate would be $1120 plus misc. fines) on a house worth at least $155,000?

Something just doesn't sit right. There is more to these transactions and may be why the BOD is evading questions on these houses.[/quote)

house0001.pdf

Please look at the attached PDF file

[guyo]

Please check my latest post and I don't think you'll be a skeptic

[rd2007]

so what happens to the bank lien on the house when the HOA seizes it? Does one trump the other? and could the HOA actually end up spending money to pay off the residual on the house? that is assuming the house was financed. It seems like someone just abandoned it. There is no way I would let my house go just for some relatively inexpensive HOA dues.

[guyo]

PROPERTY CODEÂ*Â* CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT

Here is your answer I think.

[codeblue]

Originally Posted by rd2007

so what happens to the bank lien on the house when the hoa seizes it? Does one trump the other? And could the hoa actually end up spending money to pay off the residual on the house? That is assuming the house was financed. It seems like someone just abandoned it. There is no way i would let my house go just for some relatively inexpensive hoa dues.

these questions need to be asked of the board. No one but them have the legal documentation.

codeblue

[codeblue]

WE ARE ONLY A FEW PEOPLE AND WE CAN'T DO EVERYTHING. COULD SOMEONE CHECK THIS WEBSITE OUT AND SEE IF IT IS USEFUL.
Homeowners Associations: Texas Legislative Update – Homeowner Association - Property Owner Association Bills (http://www.ahrc.se/new/index.php/src/news/sub/legis/action/ShowMedia/id/2142 - broken link)

THANKS, CODEBLUE

[guyo]

What do you think of this

Sec. 209.0055. VOTING. (a) This section applies only to a property owners' association that:
(1) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and
(2) is a corporation that:
(A) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;
(B) does not require membership in the corporation by the owners of the property within the defined area; and
(C) was incorporated before January 1, 2006.
(b) A property owners' association described by Subsection (a) may not bar a property owner from voting in an association election solely based on the fact that:
(1) there is a pending enforcement action against the property owner; or
(2) the property owner owes the association any delinquent assessments, fees, or fines.

Are we covered by some of this?

[BamaSailor]

Originally Posted by guyo

What do you think of this

Sec. 209.0055. VOTING. (a) This section applies only to a property owners' association that:
(1) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and
(2) is a corporation that:
(A) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;
(B) does not require membership in the corporation by the owners of the property within the defined area; and
(C) was incorporated before January 1, 2006.
(b) A property owners' association described by Subsection (a) may not bar a property owner from voting in an association election solely based on the fact that:
(1) there is a pending enforcement action against the property owner; or
(2) the property owner owes the association any delinquent assessments, fees, or fines.

Are we covered by some of this?

I have looked at the same thing and no, we aren't covered Bexar County does not have a population of 2.8 million, nor do any one of the surrounding counties. Why this was legislated this way is a mystery to me.

[BamaSailor]

I just sent a note to Senator Kay Bailey Hutchison via her webpage at United States Senator Kay Bailey Hutchison (http://hutchison.senate.gov/contact.cfm - broken link) but we all need to send similar notes to all of the STATE congressional officials. I included the Texas Property Code 209 quote in the above post.

Below is a quote from Texas Property Code 209. Why was this written so that it only applies to property owners' associations that are located in a county or are adjacent to a county with a population of 2.8 million or more people? What does the size of the county population have to do with such an association located anywhere in the state? The two seem totally unrelated. I live in Bexar County in a deed restricted community that has over 3,200 homes but we are not protected by this rule because our county does not have the required population. Please push to have this changed to apply to every property owners' association across the state.

[BamaSailor]

These are the people that we need to send notes to... I'm doing it right now.

Texas State Senators

Senate District 19--Senator Carlos I. Uresti
Capitol Office: EXT E1.810
Capitol Phone: (512) 463-0119
Capitol Address: P.O. Box 12068, Capitol Station
Austin, TX 78711
District Address: 2530 SW Military Drive, Suite 103
San Antonio TX 78224
Phone: (210) 932-2568
State District Offices

Senate District 26--Senator Leticia Van de Putte
Capitol Office: EXT E1.704
Capitol Phone: (512) 463-0126
Capitol Address: P.O. Box 12068, Capitol Station
Austin, TX 78711
District Address: 700 N. Saint Mary's St., Suite 1725
San Antonio TX 78205
Phone: (210) 733-6604
State District Offices

Texas State Representatives

House District 117--Representative David Leibowitz
Capitol Office: EXT E2.410
Capitol Phone: (512) 463-0269
Capitol Address: P.O. Box 2910
Austin, TX 78768
District Address: 9107 Marbach Rd.,, Suite 111
San Antonio TX 78245
Phone: (210) 372-0759

House District 124--Representative Jose Menendez
Capitol Office: EXT E2.204
Capitol Phone: (512) 463-0634
Capitol Address: P.O. Box 2910
Austin, TX 78768
District Address: 7121 US Hwy. 90 West, Ste. 240
San Antonio TX 78227
Phone: (210) 673-3579

House District 80--Representative Tracy O. King
Capitol Office: EXT E1.304
Capitol Phone: (512) 463-0194
Capitol Address: P.O. Box 2910
Austin, TX 78768
District Address: 1995 Williams Street
Eagle Pass TX 78852
Phone: (830) 773-0860