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A Letter
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Texas Court System refuses to uphold laws
Senator John Carona and his company Principle Management Group are involved in our homeowner association foreclosure nightmare
March 23, 2007
By
Jerry Flores
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While I would like to applaud the realtor that wrote, let me say this. It does not matter what the deed restrictions say, a POA/HOA CAN and WILL DO WHAT EVER THEY WISH TO DO AND NO ONE IN THE STATE OF TEXAS CAN OR WILL STOP THEM.
The laws in Texas are only written for the POA/HOA's, courtesy of Senator John Carona and the rest of our State's legislators, who do NOTHING to help the homeowners of this State.
We have a POA that paid the president of our association $20,000 for "work" he did in the performance of his duties. Now they want to raise our dues to recover those costs......and they can and they will....
If a small group of people do not like a home owner for ANY reason they will pick on that one person until their health and finances are ruined.
Lynda Fontana
(another ruined property owner)
Posted Oct 15 2007 2:50PM CEST
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Lynda Fontana
(View Profile)
, Texas |
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My goodness, what a horrible situation! I'm not a lawyer, but I am a Realtor in the area. I can't believe something like this was allowed to happen. Was this home listed with a Realtor, or just sold by the county? Does Pledged Property have a valid deed as well? If not, I would think their claim would be completely void. If they do, you may want to check with your title insurance company to see if this is grounds to be reimbursed for the purchase price of your home. They insure you against flaws in the title that were undiscovered at the time of closing.
I can tell you that liens that are filed illegally can be removed from the property by a court. I highly recommend a real estate attorney in Corinth named Fontaine Laughlin of Laughlin Law and Title. She and an associate of hers named Chris Raesz, a Denton litigator, got a client of mine out of a legal nightmare with their property. Good luck with your situation! I hope it is resolved soon!
I just want anyone who stumbles on this message, as I did, to know that not all HOA's are bad! There are covenants and restrictions, so tell your Realtor about how you intend to use the property. That way if the HOA forbids certain uses (ex. parking your RV in front of your home), your Realtor or title company can notify you before you purchase the home.
If you put it in the contract, (at least in Texas, there is a designated section) you can back out of the purchase without penalty. I think a lot of the problems between homeowners and associations are caused by people buying properties in them without reading the restrictions before purchasing the home. With a home purchase, you absolutely must know exactly what you are getting into. Read every document you are given and ask questions if you don't understand! The only stupid question is the one you never ask.
Posted Jun 25 2007 8:00AM CEST
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Username withheld
Denton, Texas |
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I believe it would be prudent for you to file upward in Superior Court after researching the Superior court justices relative to their past dealings with miscreant state senator's and homeowner associations.
Past case filings and findings should be available via your county and district court system.
I would also research the previous judges and any court dealings with that senator's cases involving the management company or any other hoa.
One only needs to read AHRC frequently to learn that this type garbage occurs in every state of the union including Alaska and Hawaii.
Unless and until the residents of every state demand the return of properties to the citizenry and associations are dissolved....the garbarge will continue to pile up and suffocate us all.
Good luck to you and to us all.
Posted Apr 5 2007 10:54PM CEST
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Username withheld
sun city, California |
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Your story just proves, once again, what many of us learn thru bitter experience, unfortunately, when we buy a home in a homeowners association (HOA). And that hard-learned lesson is this: If you are a normal, freedom-and-liberty-loving kind of American, never -- EVER -- buy or rent a house in an HOA. Because if you do, the power-and-money-seekers who control it will try to physically and financially ruin you. It's just what they always try to do to those they cannot control.
Jan Jackson
Colorado Homeowners Association News Forum
Posted Mar 25 2007 10:22PM CEST
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Jan Jackson
Florissant, Colorado |
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