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Compassion during tough times

As a residential and commercial landlord, I have the duty to be on the front line with my people who come to me with the information that they can't continue with their lease. Some due to job loss, some due to lack of business, but in EVERY case, the first response from me has an overriding tone of respect and compassion.

Thank you for being one of the good ones. I was in this situation just a small handful of months ago. Earlier in 2008 I had chosen not to renew a lease with an apartment complex due to not liking the terms of the lease (standard TX Apartment Association lease, very nasty document for the lessee if you read through it), and moved to a small house rented from a private landlord.

Later in the year I found myself getting financially desperate due to lack of work. Much as I hated to admit it, the possibility that I'd have to leave and move in with family was becoming more and more real.

When serious consideration of this became necessary, I carefully read the lease before I acted. Then with a good understanding of my rights, instead of telling the landlords that I may have to leave, I asked about doing so, stating that I would absolutely comply with the terms of the lease regarding advance notice in writing, etc. I explained the situation to them and they were very nice and understanding about it, and a few weeks later when I knew that I'd have no choice but to move out, I did notify them and all went well. I was excused from my lease and wished the best of luck, and we parted with them asking me to call them if I ever find myself returning to Dallas and needing a place to live.
The point of all that was that under the terms of the lease, they could have treated me much worse and still been within their rights. So maybe they lost a customer, but they lost me because of MY problems and not because of THEIR business practises. I would absolutely rent from them again if I moved back.

To all the good and compassionate landlords out there, thank you for your kindness and be assured that it does not go un-noticed.
 
I have been on both sides...having never bought a home with a HOA, but having one formed after being there many years...You had no choice but play by the rules...one rule was no pick up trucks in view... C'mon this is TX and every third house has a truck...no boat trailers in sight, even if someone stands on a bucket to look over your fence to see it!...after they had been allowed for 15 years. Some HOA's are mad dog in their approach to conformity...don't dare put up too many decorations or a yellow ribbon..How dare you?! paint your house the wrong shade of tan...by God, repaint it or we will sue! It's that crazy having been in city goverment in Austin to see the out of control HOA's.My Galveston property I took over from my parents is 45 years old and we had a HOA that had a minor maintenance fee for years...until some retired nitwits decided to control everything and rewrite and push for sweeping changes and increase the fees from $25 to $200 a year with heavy handed politics...I was amazed at the ugliness. I am still repairing from hurricane IKE and got a crappy letter about my yard not being to spec...a lien and a charge would be levelled if I did not do something in 10 days...I am headed there this week to see what is "out of spec"

San Antonio is no different than any other city in America, people are losing their jobs by the scores, military families are now also struggling with half the household overseas for a LONG deployment(s),whether male or female . The foreclosure rate near Ft Hood is high...don't think it's bad intent of owners!Gambling issues are prob very low on the reasons people are broke. I have been to closings where the HOA was NOT clearly discussed or presented at all...until asked. So yes, some folks are bad non compliance oriented...most have been impacted by this recession and are having to make tough decisions on what to pay for...food and clothing vs HOA yard maintenance police fees...HMMMM?
 
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I have been on both sides...having never bought a home with a HOA, but having one formed after being there many years...You had no choice but play by the rules...one rule was no pick up trucks in view... C'mon this is TX and every third house has a truck...no boat trailers in sight, even if someone stands on a bucket to look over your fence to see it!...after they had been allowed for 15 years. Some HOA's are mad dog in their approach to conformity...don't dare put up too many decorations or a yellow ribbon..How dare you?! paint your house the wrong shade of tan...by God, repaint it or we will sue!

Yep, all the pluses of owning your own house, with many of the minuses of renting too!
 
I even had to get their permission to repaint my house the same color. Some of this stuff is ridiculous, although I do want my property values protected. In this particular situation, none of us know why the homeowners have not paid up, so I will not participate in labelling them deadbeats. I just think foreclosure is a little harsh. I cannot see the HOA having a legal claim to any more than the dues they are owed on the foreclosure.......the rest of the proceeds from the auction would belong to the banks holding the notes, I would imagine (help me out 535is). So, they have decided to forclose on a neighbor for $130 (maybe times two or three). Incredible!
 
Conformity equals value

When you appraise a home, you can easily establish value if every home conforms to the next, and the next and the next. If you have a neighborhood with a prince purple color, then the next has a half built garage tucked behind the above ground swim pool, and the next one sort of has let the 6 ft. high weeds go dry in his front yard, and at last the appraiser comes on to your nice house...then your neighbors house with his 57 chev up on jacks in the yard...

Guess what that does to your value?

HOA rules are sometimes set up was too strict, but for the most part, they are there to protect your home's value.

Any reasonable shade of paint can usually get through the architectural approval process with a little ass kissing and a plate of warm cookies! Seriously, just volunteer to do sumthin for the Association, it'll be clear sailing through the approval process!..

If not throw them out via vote and run for a spot on the BOD
 
I have been on both sides...having never bought a home with a HOA, but having one formed after being there many years...You had no choice but play by the rules...one rule was no pick up trucks in view... C'mon this is TX and every third house has a truck...no boat trailers in sight, even if someone stands on a bucket to look over your fence to see it!...after they had been allowed for 15 years. Some HOA's are mad dog in their approach to conformity...don't dare put up too many decorations or a yellow ribbon..How dare you?! paint your house the wrong shade of tan...by God, repaint it or we will sue! It's that crazy having been in city goverment in Austin to see the out of control HOA's.My Galveston property I took over from my parents is 45 years old and we had a HOA that had a minor maintenance fee for years...until some retired nitwits decided to control everything and rewrite and push for sweeping changes and increase the fees from $25 to $200 a year with heavy handed politics...I was amazed at the ugliness. I am still repairing from hurricane IKE and got a crappy letter about my yard not being to spec...a lien and a charge would be levelled if I did not do something in 10 days...I am headed there this week to see what is "out of spec"


San Antonio is no different than any other city in America, people are losing their jobs by the scores, military families are now also struggling with half the household overseas for a LONG deployment(s),whether male or female . The foreclosure rate near Ft Hood is high...don't think it's bad intent of owners!Gambling issues are prob very low on the reasons people are broke. I have been to closings where the HOA was NOT clearly discussed or presented at all...until asked. So yes, some folks are bad non compliance oriented...most have been impacted by this recession and are having to make tough decisions on what to pay for...food and clothing vs HOA yard maintenance police fees...HMMMM?

I'm confused, Steve. In the laws of the land were created in many states, MN,CO, WY, MA NY, OR, CA NV, AZ, and about two dozen others that I know, you can only adjust the assessment a small percentage every year without 2/3 majority changing the by laws, same goes for rules and regs; the changes to the basic constitution of an HOA dicatets a vote BY THE PEOPLE requiring 2/3 minimum to institue sweepoing changes as you describe. Is The "republic"immune from the laws of the land? Possible, but not probable...

Sounds like it could be disputed if enough disagree with the changes in assessment, and the rules sound like the Board has overstepped their authority granted to them in Roberts Rules of Order. I object!:whistle
 
Of the 5 houses I have owned, two were in developments but there was no HOA or anything set up to make one possible. Each time I had to move and go house shopping, the first thing I checked on was the presence of a HOA or deed restrictions. If there was a HOA or deed restrictions, I didn't even look at the house. I'm an independent hillbilly who doesn't want anyone telling me what I can and can't do with my property. I have never done anything with my house that would be objectionable to my neighbors but I want to be able to do so if I want. Where I live now, the cows don't seem to care what I do.
 
As a lawyer, I have about a year of formal training and a handful of state and federal bar admissions that indicate I do.

I'm still looking for that here. The extraordinarily compassionate person would explore the possible favorable resolutions for this situation instead of essentially saying, "Tough. You signed a contract."
I doubt that the initial remedy under this contract is foreclosure. Further, I doubt that foreclosure without prior multiple notices and efforts to accommodate the homeowners' particular situations is the sole remedy. Finally, if the homeowners entered a contract with such Draconian terms without consulting an attorney, well, I guess they've pretty much given up most of their rights to the HOA, property-wise.

I think it was stated elsewhere in this thread that the HOA dues in question are on the order of <$200/year. So, for possible $400, people are choosing to let their homes be foreclosed upon. I contend that they made that choice willingly.
 
I'm confused, Steve. In the laws of the land were created in many states, MN,CO, WY, MA NY, OR, CA NV, AZ, and about two dozen others that I know, you can only adjust the assessment a small percentage every year without 2/3 majority changing the by laws, same goes for rules and regs; the changes to the basic constitution of an HOA dicatets a vote BY THE PEOPLE requiring 2/3 minimum to institue sweepoing changes as you describe. Is The "republic"immune from the laws of the land? Possible, but not probable...

Sounds like it could be disputed if enough disagree with the changes in assessment, and the rules sound like the Board has overstepped their authority granted to them in Roberts Rules of Order. I object!:whistle

We got lobbied from both sides and I thought it had been scrapped to be rewritten prior to last summer..I missed the annual meeting as I was in Gilette and cannot believe it passed if it did...was blown away with last weeks letter and a note my new dues were also "late".The subdivision infrastucture not maintained by the city of Galvez took quite the blow from the hurricane and I wonder if they played an emergency condition clause card or something? I am riding down Thursday to "inquire"! Granted the 1962 original fee schedule I had grown up with and inherited needed tweaking, but GEEZ!
 
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