This lawsuit against a home owners association in Bexar county reminded me of a grievance my father had against a HOA when we lived on SunnyGrove Drive in University Gardens in Ector County. The HOA wanted all residents to be a member of a country club and Dad did not like being forced to pay the club dues.
You are better off usually moving into a subdivision, like Sorrento Estates in Roswell,NM, that does NOT have an HOA. This French brother’s enclave does have CC and R which stands for conditions, covenants, and restrictions which are very loosely enforced. Homeowners are not supposed to park their cars on the street at night, play loud music, or traffic blocking basketball in the street.
A homeowner in the Hidden Forest neighborhood has won a legal fight against the homeowners association that tried to foreclose on his home for unpaid annual dues.
Kent Hearn said he has been battling his HOA since 2007, when it filed to foreclose on his North Side home because he owed the organization about $270.
Hearn said he was working out of the country at the time, and had offered to pay the HOA in advance, but it refused to take the payment. He was told he could pay later.
A years-long battle ensued when the HOA instead tried to foreclose. Hearn said the HOA was asking for requesting $26,000 in attorney’s fees and fines.
A Bexar County jury instead said that the HOA should receive $946.71 and that the HOA’s attorney should get $728 in fees. But the jury awarded Hearn $11,000 in legal fees.
HOAs file hundreds of lawsuits each year against residents.
As previously reported in the Express-News, the HOA in Mission Creek last year threatened for foreclose on more than 80 homes ? more than 20 percent of the neighborhood ? for unpaid dues. But the HOA did not follow through.
And in 2004 HOAs filed to foreclose on 370 properties, and 53 went forward to a county auction. In most cases, the houses became the property of the homeowner association.
If a homeowner association does foreclose, Texas homeowners have a 180-day right of redemption.