Home Owners Association for Texas Residence

[John Bryant]

Jurisdiction

Texas

Can the HOA take my home (foreclose), if I don't pay their high dues. They do nothing I can see. Maybe cut grass at a small park that few uses and I never use. I just want to quit paying them. I am retired and live on a fixed income. I know, I know....should not have moved in here in the first place. Name: Lonesome Dove HOA. A subsidiary of a huge money making racket with no added value and an over bloated bureaucracy. What does Texas law have to say?

 

[adjusterjack]

The HOA can file a lien on your home and, ultimately, foreclose on the lien.

However, foreclosure is a time consuming and expensive process and HOA's generally don't do it.

But the lien is enough to prevent you from selling or refinancing if you have to.

The HOA can also sue you in small claims court, get a judgment and attach personal property, like a car if it's worth enough.

You also put a burden on your heirs (if you have any). Your estate has to pay your debts before any of your assets go to your heirs. If you wanted them to have the house they would either have to come up with the cash (which could be a BIG debt by then) or sell the house.

If you don't want do pay HOA fees, then sell your house and find someplace to live that doesn't have an HOA.

 

[army judge]

Can the HOA take my home (foreclose), if I don't pay their high dues. They do nothing I can see. Maybe cut grass at a small park that few uses and I never use. I just want to quit paying them. I am retired and live on a fixed income. I know, I know....should not have moved in here in the first place. Name: Lonesome Dove HOA. A subsidiary of a huge money making racket with no added value and an over bloated bureaucracy. What does Texas law have to say?

Texas offers residents and homeowners many protections.
Those protections are enumerated in our constitution.
An HOA can place a lien on your home, but foreclosure for back dues won't allow anyone, including the IRS (in most cases) to cause your home to be foreclosed and you kicked to curb.

Your property rights are protected not in law (as in statute), rather in constitutional rights and founding principles of our republic.

There is also the Texas Homestead Protection Act.

However, you're right about ANY HOA.

There is no reason on God's earth why I'd ever own any property under the nazi-like governance of any HOA.
Heck, its enough to live under the jack boots of most governmental entities these days.
Home ownership under an HOA is doubling down on some unusual desire to be controlled.

However, don't just take some nutball on th einternet telling you about these protections research them yourself.
Then on Monday meet with two of my Texas licensed brethren and sistren at the bar to hear it straight from the mule's mouth, not the anus.
Those consultations run 15-30 minutes often provided at no charge allowing you to ask specific questions and receiving proper legal advice.
There are a few variables which could impact my information, which means you want to know definitively.

Good luck....

 

[hrforme]

They can also file liens for late fees, interest and any attorney fees on said lien. It will in the end add up to much more than just the annual dues.

that said, run for the board...become a voting member...attend annual meetings...get involved to see how the money is being spent if you disagree with where it goes now.

Not all HOAs are the type that army judge describes...some are, others are not. But in the end you agreed to pay the HOA annual assessment/dues and abide by the rules when you bought into the community. There will be consequences for not doing so, even in Texas (my most beloved state -- just drove over 1000 around the state this last week)