2006-10-20 15:45:42 · 10 answers · asked by hambonz 1 in Business & Finance ➔ Investing
They can't foreclose on you, but they can fine you and put a lien on your home for the unpaid fines. Whenever you sell the home, they will get their money out of any profit you make off of it.
2006-10-20 15:47:55 · answer #1 · answered by Blunt Honesty 7 · 1⤊ 0⤋
An HOA in Houston cannot foreclose on a resident's home. However, they can place a lien on the property for the required dues as well as any fines for the resident not following the HOA guidelines.
Each homeowner that belongs to an HOA has to acknowledge, at their home closing, that they are aware they are guided by an HOA and that they have received a copy of the HOA covenants. It is the homeowner's responsibility to read the covenants and abide by the guidelines until such time as they are notified in writing from the HOA that modifications are in effect.
Generally modifications cannot be done without a member vote but if a resident is in a neighborhood currently under development the developer has the right to maintain a majority control of the HOA board. Again, that's all explained as part of the covenants. If you have a specific scenario where you feel the HOA did not abide by the published covenants then you should seek specific legal advice from a qualified real estate attorney in the Houston area.
2006-10-20 15:58:11 · answer #2 · answered by Newlungs2004 4 · 0⤊ 0⤋
I am not an attorney....and I am not in Houston, Texas....but I would think federal law would dictate that home owner's associations can put leans on property, but only a bank can foreclose....as foreclosure requires the calling of the loan, and I think only the bank can call the loan. You could call a local college and ask a legal instructor to get a better idea, without having to pay big bucks for a simple answer.
2006-10-20 15:50:19 · answer #3 · answered by freggs 3 · 0⤊ 0⤋
Not that I'm aware of. I lived in a subdivision like that in Kleinbrook in Houston for over a year and the only thing that they can do is fine you for not mowing your lawn and tell you what color you can or cannot paint your house! Foreclose has nothing to do with the the association of homeowners. Only the lender of the house does.
2006-10-20 15:59:34 · answer #4 · answered by soniaatcalifornia 5 · 0⤊ 0⤋
Homeowner association can foreclosure on residents homes. You would not believe how many paperworks I have to deal with homeowner association on residents homes into foreclosure.
2006-10-20 15:48:49 · answer #5 · answered by SweetBrunette 5 · 0⤊ 0⤋
I dobt if they can foreclose on the property, however, they can tell the property owner to keep up the maintenance of the property.
The lawn must be mowed, hedges trimmed, no trash in the yard, no barking dogs in the yard, etc., no vehicles on the front or back lawn, nor in the driveway. The house must be painted.
If the propery is an eye-sore, they may be able to take the propert owner to court to have to property cleaned and made presentable, so it looks presentable.
2006-10-20 15:50:51 · answer #6 · answered by newyorkgal71 7 · 0⤊ 0⤋
In Texas homeowner associations have great power. You will always lose.
2006-10-20 15:52:46 · answer #7 · answered by mary texas 4 · 0⤊ 0⤋
It does vary from state to state. In my state an association can place a lein on the home for unpaid association fees and can even force a foreclosure. Good luck
2006-10-20 15:48:49 · answer #8 · answered by mikeyc06010 2 · 1⤊ 0⤋
The word is foreclose, and only the bank or holder of the deed, or mortgage note can foreclose a loan.
2006-10-20 15:47:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No. they can only place a lein, since they are not the title of deed holder.
2006-10-20 15:57:24 · answer #10 · answered by dbqdawg 3 · 0⤊ 0⤋