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Press Release
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TEXAS GOP PLATFORM COMMITTEE REJECTS ANTI HOMEOWNER FORECLOSURE LANGUAGE
We are literally at war with the CAI lawyers and I am sure they hear us marching to Dallas
June 08, 2002
By
Ed Wendt
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Dallas, Texas, - The platform committee of the Texas Republican Party Friday night rejected proposed language that would have called upon Texas lawmakers to repeal all laws that allow homeowner associations to foreclose on homeowners for delinquent dues and legal fees.
The committee, in a voice vote, rejected a motion by conservative Harris County delegate Al Clements to add a pro-homeowner provision to the 2002 Texas Republican Party Platform. The platform will be adopted Saturday by the bi-annual Texas Democratic Party Convention meeting in Dallas."
Clements’ proposed language reads: "We urge the Texas Legislature to repeal all legislation restricting the rights of homeowners versus homeowner associations."
A bill sponsored by Democrat State Representative Kevin Bailey, D-Houston, and signed into law by then-Governor George W. Bush during the 1995 session of the Legislature, opened the door to a storm of home foreclosures by association lawyers in major Texas counties, including Harris and Dallas.
Clements pointed out that some Texas homeowners are losing their $120,000 and over homes when associations foreclose on them for owing as little as $800 in late dues and legal fees.
He told the committee: "The Texas Constitution only allows property foreclosures for unpaid taxes, unpaid mortgages, and unpaid improvement loans."
Two delegates urged the committee to oppose the propose language saying Texans should know what they are getting into when they buy their homes.
Ralph Harris of Senatorial District 4, and Greg Simmons, of Senate District 31, argued that lawmakers should not get involved in resolving disputes between associations and homeowners.
"That’s more of a contractual problem than legislative," said Simmons.
Harris said homeowners are bound by covenants that are already in place" when they buy their homes.
Homeowners’ rights activists Geneva Kirk Brooks, of Houston and her Texas Property Rights Foundation asked Clements to propose the language for the Texas GOP 2002 Platform.
"We thank Al (Clements) for having the courage to stand with us on this just cause," said Brooks.
Following what appeared to be a tied voice vote, platform committee chairman Jeff Fisher ruled in favor of opponents.
"That means the Republican Party leadership is not standing with homeowners in our battle against associations," said Brooks.
Lieutenants of President George W. Bush are reportedly leaning on Texas GOP leaders to block any controversial language in the 2002 platform.
"I guess the president does not want to be embarrassed by legislation that he signed into law that goes against the grain of what the Republican has long stood for," said Brooks.
"If that is the case, the politicians won this round but the people will be back for another fight."
Brooks says the Property Rights Foundation will take their cause to the TexasDemocratic Party, which holds its convention in El Paso later this month.
She said the group is sending all candidates running for key state offices a "questionnaire" asking them to commit to "repealing these statutes and returning to Texans their Constitutional property rights under both the Texas and United States Constitutions."
During a 30 minute overtime of the Texas Legislature in 1995, liberal State Representative Kevin Bailey, D-Houston, slipped through a "rider" on legislation that has allowed associations to foreclose on the homes of thousands of Texans for minor infractions and failing to pay association lawyers their legal fees.
Then-Governor George W. Bush signed the bill into law.
"It is time to rewrite homeowner association legislation and put restraints on the power of those associations that are getting out of hand," Brooks said.
"This was not a defeat," she of Friday night’s vote. "We intend to regroup and fight for similar language for the 2004 Texas Republican Party Platform when President George W. Bush is up for re-election."
Brooks said "all hell would have broken loose" should the convention have adopted the Clements language.
"You would have seen a blitz of lobbyists from across the country embarking on Dallas and urging delegates to vote ‘no" when the platform came up for a vote on Saturday."
A group called Community Associations Institute (CAI) out of Virginia contracts for management of many homeowner associations in Texas and other states.
"We are literally at war with the CAI and I am sure they hears us marching to Dallas," she said.
"We are still on the march and have only just begun to fight," Brooks concluded.
Brooks, who is suffering from bone cancer, was unable to personally attend the convention since she is undergoing chemotherapy.
"Once again, I thank Al Clements for taking his bold stand for our cause,: she said.
FOR MORE INFORMATION CONTACT GENEVA KIRK BROOKS AT 713-664-2717. |
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