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Press Release
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TEXAS HOMEOWNERS FOR HOMEOWNER ASSOCIATION REFORM
New organization will work to protect homeowners from abuse of power by management companies and attorneys
August 01, 2006
By
Beanie Adolph - TexasHOAReform.org
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Homeowner Associations: The New Nazi Regime
Want to plant a tree in your yard or put together a playhouse for your kids? How about a basketball hoop for your teen or a doghouse in your backyard? Forget about it...unless you want to fill out a form describing the location, materials, size, height, planned start and expected completion date of the structure. Then you wait, if you're lucky, a month for the review board to let you know if they approve of, or deny, your intentions. It doesn't matter to them that you paid for your home and land, and you should be able to put a doghouse or children's entertainment in your backyard without their permission. If they don't want you to have it, you can't get it.
So what is the benefit of these obsessive homeowner associations on a power trip? According to the Certificate of Incorporation for The Trails of West Frisco Community Association their purpose is "to provide for the maintenance and preservation of, and to promote the health, safety and welfare of the residents." I don't have a problem with paying the association for the upkeep of the landscaping in the general areas, but I do have a problem paying the association to tell me what I can and can't do on my own property. I can understand regulating cars on the street or pink flamingos in the front yard, but it has definitely gone too far when another party has the right to dictate what you can and can't do with your own home and backyard. I may have to deal with a corporation at work, but I shouldn't have to deal with it at my own home, on my own time.
They say they are here for our safety, but in my neighborhood I can't build a fence that prevents children or my five pound dog from escaping and falling into the large storm drain directly outside my yard. The HOA tells me I can't replace the transparent iron fence because then people on the bike path can't see into my yard. Why do they need or want to see into my yard? If they wanted to "promote the safety of the residents" then wouldn't that include a protective fence so my dog and children can be allowed to safely play in my backyard? It is puzzling how others in my same situation were allowed to build this type of fence in their yard. The iron fence in no way deters intruders, yet another reason a wooden fence would be safer and more practical.
It is interesting how the rules only apply to some. They don't have a problem with the cars that line up in front of people's homes night and day, turning a two-way street into a one-way, but when a couple of weeds suddenly popped up in my neighbor's yard, he promptly received a threatening letter. It's not difficult to distinguish which of these events is a threat to the safety and welfare of residents. It is also quite inconsistent since the association doesn't mow or remove the weeds on their side of my property line nor will they fix the holes in the ground or their broken sprinkler.
There was a time when homeowner associations didn't exist, before the horror stories of people's homes being foreclosed over $350 in HOA dues. I grew up in a beautiful neighborhood with no homeowner's association, and it was still sought-after. If a kid in my neighborhood wanted a tree house, his dad built it. Now it's like passing a Supreme Court legislation to build a tree house in your own backyard. How much farther can this go, when corporations are developed to take advantage of the American homeowner? And try to take back your rights, good luck. When I spoke to Linda Stewart of The Trails of West Frisco HOA I was told "I don't have time for this." And many of these homeowner corporations hire a management company to enforce ridiculous rules and collect fees, an even colder corporation that will do whatever it takes to get your money even if that means taking your house over a couple hundred dollars! If you call them they tell you to call someone else or that they will return your call, but no one ever calls you back or tries to help. I have attempted to communicate with Select Management Company for almost three months, and to no avail.
Granted, there may be a few associations out there that don't make petty regulations and change the rules when someone finds a way to get what they want. If you don't agree with my views, fine, but you're the minority here; do your own research. All over the world people are trying to find ways to escape the grip of the dictatorship known as the homeowner's association. It's an epidemic; people are choosing not to buy or to buy in non-association neighborhoods to avoid the corporate environment at home. Soon the homeowner association will decrease the value of homes, contradicting why we pay them in the first place.
Thomas Jefferson once wrote "If we cannot secure all our rights, let us secure what we can." We have worked very hard to provide a home for our families and we should have the right to live in a democratic environment, after all, we are the ones paying for it.
Posted Oct 12 2006 4:11PM CEST
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laura anderson
, Texas |
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Good for you! Keep up the good work.
Only when such organizations as yours, act as watch dogs to HOAs's and their attorneys will there be any kind of democracy in HoA's.
Posted Aug 7 2006 7:14PM CEST
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Pat English
Mission Viejo, California |
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This is a great example of the abuse going on directed at a former customer of the below listed development company. This same development company has had their HOA developer run board attorney (Marc Markel) send harassment letters too:
John Keville of Howry LLP, a Johnson Development Co. Lawyer Representative continues file various motions against the homeowner.
In a recent court filing through Judge Pedro Ruiz's 240th District Court here in Fort Bend County the ongoing harassment of Sienna Plantation homeowners continue in this SLAPP-suit.
Just a few weeks ago the committee of homeowners (CRD) were removed from the lawsuit by Keville and JDC after nearly a year of litigation whereby they were unsuccessful at gaining the full list of homeowners who participated in the petition drive against their proposed, up to, 2700 apartment units allowed for this community through an unpopular 5-2 city council vote lead by their developer-backed Mayor Allen Owen during '05 (see campaign contributions list for Mayor Owen by searching the MissouriCityChatter blog site).
In the court papers Johnson Development Ccompany is also requesting that legal expenses be billed to the homeowner.
Related City Ordinance
Missouri City Council wants all rental properties registered with them except developer's rentals
In a somewhat related piece, it has been reported, by reliable MCC sources, that a controversy is brewing at Missouri City Council over an ordinance to register rental properties within the city boundaries.
According to these sources, a Houston development company, with apartment interests in this city, and a major contributor to several council members, is requesting that apartments be exempt from this rental registration requirement, thus reducing the effectiveness of such an ordinance in protecting the public.
We will update this release as it develops. . . . .
Stay informed and keep in touch!
Posted Aug 3 2006 6:21PM CEST
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Username withheld
, Texas |
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Dear Beanie,
How may I help? I am aware of the efforts you have made on our behalf.
TUPCA strongest supporter is State Senator John J. Carona .
What can we really do to fight off? I live in an HOA run by his Company and it's a mess.
At our annual meeting last Thursday evening, July 27th, one man made a motion to kick his Cut Throat Company out of here. I seconded the motion.
The BOD was so adled by this motion that they didn't call for a vote (trickery again). At the end of the meeting they didn't have a motion for adjournment and just walked away. My contention is, the meeting is still in effect because they left a motion unvoted for and never did call for an adjournment.
Beanie, I wish I could help out financially but we can't afford the massive contributions to the Senator by the Lawyers and Lobbyist and the Real Estate Lobby.
The Lawyers and Lobbyist contributed over 46% of his campaign funds in 2004 and the Real Estate kicked in another $56,000.
He is making them rich so they will support him. I am retired on a relatively fixed income and a rigid budget. I have written to our Congressman, carried this issue to the Texas Secretary of States office and was virtually ignored.
Our small town doesn't recognize that we exist although we compromise over 25% of their population. We don't exist even though we pay county, school, and city taxes. I knew long ago, that they were cutting what's left of Section 204 to pieces.
They have made three assaults before and succeeded due to our former Governor (W"), who sided with them. Our Congressman send the usual boiler plate" reply to us.
They just don't get it. We voted them in and we will vote them out. Y
ou may print every word of my comment but excuse the errors. It is 5 AM in the morning and I have worked through the night trying to get support.
Regards,
Gary R. Price
Hunters Ridge Homeowners Association
Melissa, Texas
Response from Beanie
Dear AHRC:
Thanks for printing letter regarding our new organization. Could Gary R. price please e-mail to : Texans 4HOAreform
Thank you so much.
Beanie
Posted Aug 2 2006 12:21PM CEST
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Gary R Price
(View Profile)
Melissa, Texas |
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