HOA Forcloses On Home For Not Paying Fees Eventhough The House Was Fully Paid For.

[Obama 2012 1,714]

BURLESON Time is running out for Sherre Mueller to get her house back.

She lost it to foreclosure; not because she didn't pay her mortgage or her property taxes, but because she fell $1,200 behind on her homeowners' association fees.

Mueller faces eviction in July. "I'm homeless," she said. "I have no where to go."

She lives in a $150,000 Burleson home that is paid for, but says she fell on hard times after losing her job and dealing with her husband's death.

"I woke up in the middle of the night and found my husband dead," she said. "That will mess you up real bad."

Mueller used insurance money to pay off the mortgage. She sold her jewelry and tapped her 401K account to help pay the bills while she wasn't working.

But she let the $300 annual HOA fees go unpaid for four years.

"I wasn't taking care of business; it's my fault I'll say that right up front, I know it's my fault," Mueller said.

She thought the Mistletoe Hill homeowners' association would just put a lien on her house not sell it.

The HOA fees go to take care of the community pool and common grounds. The association sent her numerous warnings over the years and finally foreclosed on the home in January.

"The foreclosure is the final step," explained HOA attorney Charles Spencer. "It's like what war is to diplomacy it's as far as you can go, but you'd rather not."

The $150,000 property was sold to a company in Dallas for just over $3,100 that's the $1,200 Mueller owes plus legal fees.

She has until July 6 to match the price or be evicted, but Mueller is still unemployed and says she is still financially devastated.

"I don't know what to do," she said. "I'm at a loss right now; I'm terrified."

Last year, State Rep. Burt Solomons (R-Carrollton) pushed for a bill that would tighten the reigns on homeowners' associations. The legislation passed the House but not the Senate.

http://www.wfaa.com/news/local/HOA-forecloses-on-Burleson-woman-for--93650764.html

[Usui Takumi 1,562]

Wow I never knew they had the power to take the house like that. Sure its a contractual requirement, but I always figured that the route for recovery would be a lien or lawsuit.

[Obama 2012 1,714]

Wow I never knew they had the power to take the house like that. Sure its a contractual requirement, but I always figured that the route for recovery would be a lien or lawsuit.

nope. always a part of the original contract you sign when you buy your home.

It's why I'll never move into a neighborhood where some association can dictate what the hell i do on my property and charge me a fee to do so.

[Usui Takumi 1,562]

So I guess when you are in a community like this, you never fully own the property? IE. The HOA is a co signer on the title?

[Peikko 1,575]

I'm confused - does hating an HOA take precedence over hating a women who is failing to take responsibility for herself by not paying the fees she owes?

[Usui Takumi 1,562]

I'm confused - does hating an HOA take precedence over hating a women who is failing to take responsibility for herself by not paying the fees she owes?

There are two halves to this story. One is the extreme power HOAs appear to have and of course the other is that the woman had FOUR years to pay.

I'm definitely not saying the HOA are being unreasonable here, but the story does highlight the excessive power they hold. Of course the counter argument is why would anyone buy property with such a fascist organization in control. (IE it takes a group of fascists to perpetuate these organizations.)

[w¡n9Nµ7 §£@¥€r 123]

... why would anyone buy property with such a fascist organization in control. (IE it takes a group of fascists to perpetuate these organizations.)

The increasing ubiquity of HOAs is part of this. If my wife and I had a child and if we wanted to buy a home that didn't cost an arm and a leg, is in an actual neighborhood (i.e. new urbanist style) with younger families, good schools and near amenities like train stations, we'd be hard pressed to find that around here outside of an HOA. Most non-HOA communities here tend to be older communities, in the boonies, run-down or extremely pricey.

Edited May 13, 2010 by w¡n9Nµ7 §£@¥€r

[Peikko 1,575]

There are two halves to this story. One is the extreme power HOAs appear to have and of course the other is that the woman had FOUR years to pay.

I'm definitely not saying the HOA are being unreasonable here, but the story does highlight the excessive power they hold. Of course the counter argument is why would anyone buy property with such a fascist organization in control. (IE it takes a group of fascists to perpetuate these organizations.)

I think you have a totally appropriate response to the problem. It's Paul that I can't fathom. Normally, something like not paying your dues would necessarily demand some draconian action in order to 'show' the culprit how irresponsible their actions are - but yet when it's an HOA taking the draconian action, Paul goes all girly about it.

[w¡n9Nµ7 §£@¥€r 123]

I think you have a totally appropriate response to the problem. It's Paul that I can't fathom. Normally, something like not paying your dues would necessarily demand some draconian action in order to 'show' the culprit how irresponsible their actions are - but yet when it's an HOA taking the draconian action, Paul goes all girly about it.

*GASP* PERSONAL. RESPONSIBILITY.

or something.

[Peikko 1,575]

*GASP* PERSONAL. RESPONSIBILITY.

or something.

I think Paul's a schizophrenic. He can't seem to stick to one ideal for any length of time.

[Dan J 277]

There are two halves to this story. One is the extreme power HOAs appear to have and of course the other is that the woman had FOUR years to pay.

I'm definitely not saying the HOA are being unreasonable here, but the story does highlight the excessive power they hold. Of course the counter argument is why would anyone buy property with such a fascist organization in control. (IE it takes a group of fascists to perpetuate these organizations.)

Unfortunately, they need some sort of power, or they would fall apart. At least in Minnesota, bylaws and documentation for the HOA are required to be provided up front before a real estate transaction can be completed.

But in the end, an HOA is an organization that is owned by the homeowners. If you don't like how something is done, get on the board and change it.

[w¡n9Nµ7 §£@¥€r 123]

But in the end, an HOA is an organization that is owned by the homeowners. If you don't like how something is done, get on the board and change it.

Often, those boards are full of old people who have no lives. It's better where I live because this is a young community, you can tell because in the day the parking lot is almost empty.

[Obama 2012 1,714]

Where did I disagree with what they did?

I simply don't like HOAs because they can do it.

The woman signed a contract. It's in her contract.

It's really that simple.

I'm just saying I wouldn't ever put myself in that situation.

[Peikko 1,575]

You don't like them because they can do what they did, even though you approve of what they did? That's flaky.

[w¡n9Nµ7 §£@¥€r 123]

You don't like them because they can do what they did, even though you approve of what they did? That's flaky.

I read it as he doesn't like them because they can do what they did, but he acknowledges that they have the right do to.

It's kinda like saying I have a problem with AZ po-po pullin' over po' brown folk driving around in beat up cars, but I do acknowledge they (will soon) have the right to do it. I just wouldn't go to Arizona once the right kicks in, is all.