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An Article
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GENEVA BROOKS WINS TEXAS SUPREME COURT CASE AGAINST HER HOMEOWNER ASSOCIATION
Major Victory for Homeowners
June 25, 2004
By
Rich Cochran
Copyright AHRC News Services
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After reading Brooks vs Northglen carefully, I don't think that this particular case does much - if anything - to protect the majority of home owners. Clearly it has been displayed in the media as a "win" for home owners - but read the ruling carefully - the court did not prohibit foreclosures due to fines, but instead prohibited foreclosures in regard to fines that were issued without notice
(seeking alternate opinions)
The court did not cite the property code or any other law in regard to protection from foreclosure due to fines. Read the court opinion carefully. The court is specific in their reason why foreclosure was not allowed in this case. This is a very important point:
"Because the property owners did not have prior notice of the late fee, the court of appeals held that Northglen could not foreclose on any homesteads to collect those fees"
"But the restrictions did not provide any notice that a late fee would be imposed in addition to the interest charge. As a result, the property owners did not have notice of the late charge. Therefore, in light of Inwood=s notice requirement, foreclosure is not an appropriate remedy for a failure to pay the late charge."
Inwood actually helped protect the home owner in this case. The property code was not referenced! That stinks for us home owners!
Take a look carefully - there is no protection provided by that case in regard to home owners that receive notice. The court is very careful not to make a generic ruling. The court prohibited foreclosue in this case because the home owners were not given notice. Had them been given notice, who knows what would have happened!
Alternate (legal) opinion:
See attached file:
This opinion states that this ruling protected homeowners foreclosure based on fines that were not allowed in the deed restriction. The HOA in this case imposed fines based on section 204 of the Texas Property Code (only applies to Houston). Had the deed restrictions allowed fines (most do): zero protection.
Harvella, I'd suggest that you educate the groups you run in this regard. Brooks was a "win" - but it really doesn't do much for homeowner protection if homeowners are notified in regard to fines and if fines are allowed in the deed restrictions!
Posted Nov 23 2004 6:15PM CET
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Submitted Files
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Filename
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Description
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File Type
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File Size
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Click to download
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ForeclosureTexasDebate10.pdf
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Foreclosure by Homeowner Associations: Striking A Balance - A Texas Government Committee Discussion
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PDF document, version 1.4
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262KB
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Download
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Darin Ginther
Cedar Park, Texas |
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Go Geneva!! Still fighting from heaven!
We just spent a week in Austin and all it did was rain and rain and rain. It must have been the tears of her HOA board at their loss in the case!!
Posted Jul 1 2004 4:39PM CEST
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Username withheld
, ot |
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I don't know about Geneva Brooks. Why would she be smiling in Heaven? Has she passed away?
AHRC Response
Yes, Geneva has passed away. Click this link to read Tributes to Geneva Brooks.
Related articles will also give you some insight into the homeowner advocacy movement Geneva started in Texas.
Geneva's efforts and the stories she published through her News Bureau exposed the Texas homeowner association foreclosures and laws.
Days before she died she told fellow advocates that she had instructed and made financial arrangements for her lawyer. David Kahne, to take her case all the way to the Supreme Court so it could set a precedent to help others..
Posted Jun 28 2004 4:59AM CEST
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Username withheld
rochelle, Virginia |
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Date: Sun, 27 Jun 2004
To: AHRC
From: David Kahne
Subject: Cite to decision in Geneva's case
http://www.supreme.courts.state.tx.us/historical/2004/jun/020492.htm
Posted Jun 27 2004 8:22PM CEST
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AHRC Staff
(View Profile)
, California |
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