Tag Archives: Texas HOA

Another HOA Flag Lawsuit

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Texas has legislation that prevents HOAs from harassing homeowners over their display of the American flag. But that hasn’t stopped the Forrest Lake Townhouse Association from suing homeowner Billy B. Martin over his flag. Martin says the HOA’s flag at the clubhouse was tattered. The board members wouldn’t do anything about it. So he put up his own. That’s when the HOA started fining him $200 a day.

The president of this Houston HOA, Jim Elswick, refuses to comment to reporters. Get used to it, folks. These guys are trained by their HOA lawyers to never respond. Still, as a lifetime investigative reporter I can tell that the phrase, “No comment,” most often means “liar, liar, pants on fire.” I used to love it when the bad guys turned to my TV camera and said, “No comment.” Just loved it.

In any event, this neighborhood is so torn up by nastiness right now, that Houston Police had to be called to preserve the peace at an HOA board meeting.

The board argues that Martin’s flag will lower property values in the Forrest Lake Townhouse Association.

Tell me this: Would you buy a home in the Forrest Lake Townhouse Association?

Nope. Not after this.

And THAT lowers property values!

http://tinyurl.com/omkerlw

original source:

http://www.houstonchronicle.com/news/houston-texas/houston/article/HOA-resident-go-to-court-in-flagpole-disagreement-4527260.php?t=21f5fae81db928bf52

 

On Hiring the Cops to be Cops

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Houston’s Oak Forest Homeowners Association is discussing hiring off-duty sheriff’s deputies to patrol their neighborhood.

There’s an obvious and historic conflict-of-interest in hiring off-duty cops to perform the exact same duties in the exact same neighborhoods that they patrol during on-duty hours. And over the years there’ve been plenty of scandals involving off-duty police work.

Additionally, hiring police officers will not give the Oak Forest HOA immunity from any lawsuits in lawsuit-happy Texas. In fact, it may even be even more tempting for the litigious to sue for excessive force or other alleged ‘bad cop’ behavior. They get to sue the cop, AND the police department, AND city/county government, AND the HOA. Each entity has insurance to ‘buy off’ the lawsuit. Nice!

That being said, it would sure be comforting to know that someone providing neighborhood security was a real professional and not a private HOA security guard who suddenly finds himself being given police powers. The Illinois Supreme Court ruled recently that private HOA guards have the power to ‘arrest’ motorists. In other parts of the country, private security guards pull over speeding motorists and order them to write a check to the local HOA. How absolutely scary! In one Colorado HOA, security guards even use a police radar gun to ‘arrest’ and ‘fine’ speeders.

Given a choice, I’d sure be tempted to hire the professionals.

http://www.theleadernews.com/?p=9124

 

Texas Tort Reform Sadly Insufficient

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Governor Rick Perry talks frequently about how tort reform in Texas has turned around a medical malpractice crisis.

Possibly it did work. But after reading the article linked below, ask yourself if deceptive HOA fines, liens and foreclosures in Texas shouldn’t attract the same kind of reform?

Texas is one of the top states where the HOA system has deprived homeowners of fundamental Constitutional rights.

I used to live in Texas. In fact, I grew up with the ‘Blue Book’ which was required reading for all Texas elementary school students. It taught Texas kids to be proud of their state’s revolutionary heritage and to question authority. Back then it was a thing of pride to be a Texan. But that was before the HOA Movement put millions of Texas homeowners in a death grip.

If you know someone who lives in a Texas HOA, ask him or her if they’ve observed out-of-control HOA boards and ridiculous fines and lawsuits. Or give them to link to my blog from last night about the San Antonio man who’s facing $200,000 in fines and legal fees for not keeping his grass short enough.

Come on, Governor Perry. Do the right thing! Get your HOA lawyers under control, too!

http://tinyurl.com/bqrf5ya

original source:

http://www.statesman.com/news/news/opinion/rollins-tort-reform-sparked-texas-miracle/nWzRP/

 

Just the Daily Tragedy

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Another American homeowner is about to lose his home to his HOA.
 
David Moore has lived in the Huntington Place Homeowners Association in San Antonio, Texas, for eighteen years. But two years ago the neighborhood’s management company began assessing fines against Moore that added up to more than two hundred thousand dollars for alleged covenant violations. Among the violations, not keeping his grass short enough, and for a cat door built in his garage nearly two decades ago.
 
Moore will eventually learn that very few homeowners win this kind of fight. HOAs in Texas and elsewhere are being taught to taunt homeowners into expensive legal confrontations. Moore’s assets will end up in the hands of law firms and HOA management companies.
 
It’s just another example of a tort system that’s wildly out of control.
 
 
(original source)
 

Words of Great Wisdom

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These words were once penned by one of the mightiest men in our movement. Understand, of course, there are still miles to go before we sleep. But read, Dear Friend, and take heart.

And the  Land Shall Be Made Good Again

George K. Staropoli

copyright 2006 George K.  Staropoli

 In the  beginning

There was  the land,

And the  land was good

And the  people were happy.

 

Soon upon  the land

Came the  moneychangers

In the  guise of builders

Of the  community.

 

And the  moneychangers said

Behold,  the covenants, conditions and restrictions

Were  sacred and holy works,

And the  people shall flourish and prosper.

 

And the  legislature looked upon these CC&Rs

And said  they were sacred and holy,

And that land values shall multiply ten-fold,

And the  people shall flourish and prosper.

 

But the  moneychangers were not content,

Seeking  laws that forced the people

Against  their judgment and wishes

Into mandated planned communities.

 

Soon, the  multitude became angry at their plight,

Yet the  moneychangers and legislature

Cast the  people into involuntary servitudes

With  continued tithes while disputes went unresolved.

 

The  child-like people, seeking paradise

on earth and the gates of heaven,

Were not permitted audiences

With the  magistrates.

 

And so  the multitude suffered

A long  and terrible time,

Praying  for a savior one day

To  deliver them from their existence.

 

One sect  sought the accommodation

With the  ruling powers and moneychangers.

Another  sought a cleansing

Of an  unworkable oppression upon the people.

 

Those  seeking accommodation held fast to their desires

To see  their fortunes on earth multiply ten-fold,

And that  all such plans were good and just,

For the  land values increased for all the community.

 

But many  saw the desecration of the beliefs, values and ideals

Of the  founders of the Great Nation that covered the land,

Saying  behold the society that thou hast created,

Where Me First has replaced Love Thy Neighbor.

 

A babble  of communities arose

By the  followers of the moneychangers,

With  beliefs, values and ideals of the Old Ways,

Once  rejected by the Founders of the Great Nation.

 

Woe unto the followers of the  moneychangers

For the  sins of the fathers shall be cast upon the sons.

Repent  now and restore the beliefs, values and ideals

Of the  Great Nation and make the land good once again.