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Re: Judith Watkins comments on TUPCA on AHRC
Why do you keep promoting TUPCA_CAI laws on AHRC? Do you have a financial, political or social stake in CAI?
Your have not given any valid reason for promoting TUPCA-CAI bill other than , essentially telling AHRC readers that CAI promised has promised to return your constitutional rights and nobody has proposed anything better.
You ignore all arguments against TUPCA-CAI by veteran and informed pro-homeowner interests.
Would you support terrorists if they paid a politicians to pass a poison pen bill that affected your rights and your property if they also included an phrase it would give you back your constitutional rights?
If you really are for the homeowners rights as you purport, you would not be promoting poison pill bills by collection foreclosure lawyers.
There are several intelligent pro-homeowner groups who have already proposed good bills. If you are really pro-homeowner you should be making sure your lawmakers sponsor good bills not poison pill CAI bills.
e.g.
* TEXAS HOMEOWNERS FOR HOMEOWNER ASSOCIATION REFORM- New organization will work to protect homeowners from abuse of power by management companies and attorneys
Report on legal fees and foreclosure powers of Texas Homeowner Associations
Legislative Proposals to the Texas Senate
Posted Aug 2 2006 10:08PM CEST
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Username withheld
, California |
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There is actually a portion of a law proposed in Texas - Section D, that gives homeowners in associations the rights and privileges of the U.S. Constitution. Sad, we have to pass a state law to get them.
Posted Jul 30 2006 4:55PM CEST
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Judith Watkins
, Texas |
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Except in HOAs that do not follow the statues and laws of the state they are in, most HOA problems come from someone not following statutes , either out of ignorance (most) or direct fraud.
Try prosecuting under the deceptive trade practice. i.e. that will silence the ignorant that say "if you didn't want to live in an HOA why did you buy in one"
Most people that are disgusted with their HOAs are the ones that moved in being told that this is the way it is, either in writing or verbally, then by the Actions of a few "overzealous Board members, or tyranny by a management company, everything changes, or one or two persons personal preference is all of a sudden THE LAW OF THE CC&Rs.
If these people would simply follow what the statue, and laws actually say. There would be less problems.
Thus no one's Home should ever be able to be taken away by means other that "Due process of law".
Non judicial foreclosure should never be a means to collect a debt, either real or purported, without a day in court. If they cannot break into you garage and repossess your car why should they be allowed to break into your home and take it?
Posted Jun 11 2006 2:00PM CEST
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russell rye
(View Profile)
, Texas |
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If we do not stand up for the constitution, wherever and whenever it is broken, then we may loose our country altogether,,,and this time it will not be from some outside force but from our own complacency.
What kind of legislators do we have that allow Homeowner Associations to form their own governments regardless of the constitution! And it is happening. VERY scary!
One HOA I am a member of has just passed a rule and I quote, "Any material that an owner/tenant would like to distribute in the community must first be reviewed and initialed by a board member prior to being distributed. The material must contain name, unit number, and contact information."
Posted Jan 3 2006 3:50AM CET
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Username withheld
Seaford, Virginia |
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Response to #5 BW in Texas.
Mr. BW please stop spinning. I do not need you or any HOA to protect my property values!!! I do great on my own and I own the most valued home in our community worth more than 500K. Our home is in a HOA that we specifically sought out for it relaxed Covenants. If we wanted to live in dicatorship we would move to China or North Korea!! However, our HOA Board now has people on it who want to change those covenants and make our community something that I DID NOT PURCHASE into. They do it through Policies and Resolutions that way no vote from the homeowners is required. We just get the notice a month after it was done. And they change our HOA dues dates 3 days before due. Is that not changing the rules after the game. Next time you sign a contract or make a purchase and things do not go just right for you. Remember your comment!
Mrs. Le Velle
VA
Posted Dec 29 2005 6:40AM CET
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chris le velle
(View Profile)
winchester, Virginia |
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I knowingly got into this HOA. Wish I hadn't now.
The homeowners with the badges took over the HOA.
They drive the streets to see who's doing what.
They make up rules as they go along.
And - maybe worse than anything else - they don't follow the CCRs.
They tell us what they want them to mean.
I would think that even their attorney thinks they're nuts (but they pay him).
14th Amendment - arbitrary and capricious -
I didn't agree to let someone to constantly have their thumb on me when I got into this thing.
Don't they know they're hurting our property values by this attitude?
Posted Dec 13 2005 6:36AM CET
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Username withheld
Dyer, Indiana |
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HOA's are a symptom of a disease. The USA has been taken over by Attorneys and Judges that have become a cancer on our once great country. Constitution what Constitution?
Every time I read a newspaper their is an attempt to change the founding document to become some thing far different than the founders had intended.
It boggles my mind that HOA's in their current form have been allowed to exist. I think they are an UN-constitutional form of governance that legalizes dictatorship's by attorneys and for management companies.
How many times do we hear pundits and leaders say that we live in a Democracy? They obviously did not read the Constitution as we live in a constitutional Democratic Republic.
Posted Jul 22 2005 8:45PM CEST
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Scott Clark
(View Profile)
Banning, California |
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Our Property Owners Association states it is effectively a quasi-government.
Therefore, all constitutional, contractual and state and local statutes should apply.
Posted Jun 25 2005 3:06AM CEST
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Judith Watkins
, Texas |
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How do HOA's violate our constitutional rights?
Okay, so maybe maybe my neighbors who are board members VIDEOTAPING our houses as early as 5:00 am and until who knows how long into the evening, as we all come and go, trying to "look" for violations of the CC&R isn't violating a specific constitutional right, but our privacy is being violated.
And what are they doing with all these video tapes, and where are they storing them?
Posted Jun 22 2005 9:05AM CEST
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Candice Healy
(View Profile)
Canyon Country, California |
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I wonder if you didn't ask the wrong question.
The State, County, and City governments *are* subject to the 14th Amendment but it appears that if we have an HOA related issue that we don't receive the proper action by these governments. We are, therefore, being denied the equal protection of the law.
Where do we complaint about this?. Should we contact the FBI if a government entity has discriminated against us and in favor of our HOA?
Posted May 25 2005 10:33AM CEST
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James Tyrer
Green Valley, Arizona |
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