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Phuck Denton county and our HOA.

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  • TJjerry

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    Magnolia, tx
    I would be surprised if the County had anything to say about it at all, especially the ability to add a fine. The State does however and I have never heard about the State posting a mandatory fine. State does set limits on things an HOA can do and often make them change their restrictions to reduce the burden on homeowners and tame the HOA's power. Then there is Preemption law that might render a County rule moot.
    Most DCCRs contain a non-rental clause, however your owner has some ground if that restriction would put him in a "confiscatory" situation. HOA's can't take homes away by creating a financial burden, or from a person in bankruptcy, an active VET, or likely during this Covid thing.
    Have any idea the owner is getting anxious to sell it? I have not seen a provision allowing a County to include fines in the Texas Property code 209, but one should seek professional advice in this regard. Also these provisions (County fine rule) would have to be incorporated in the actual covenants and registered by your HOA with the County deeds and land to be relevant.
    It might be possible to get your landlord to offer a contract to "sell" you the home on a pay as you go basis, therefore your are buying the property and not renting. This too should be checked with a pro for your area. Hope this input helps.
     

    benenglish

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    It might be possible to get your landlord to offer a contract to "sell" you the home on a pay as you go basis
    A contract for deed is dangerous unless things have changed a lot in the last few decades. The buyer builds no equity and can be removed instantly the first time they're a day late with a payment.

    Note: IANAL and I also haven't lived in a house that was under a contract for deed for decades. Things may have changed so consult with a legal pro.
     

    benenglish

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    HOA's can't take homes away by creating a financial burden
    Depends on state law. I think (I'm not sure) that you're right in Texas. However, there have been plenty of HOAs in other jurisdictions whose entire business model was loading up the homeowners with fines and fees until they can file liens. Those liens turn into cash for the HOA. That cash, somehow, always manages to wind up in the pockets of board members or their relatives.
     

    Coiled

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    Depends on state law. I think (I'm not sure) that you're right in Texas. However, there have been plenty of HOAs in other jurisdictions whose entire business model was loading up the homeowners with fines and fees until they can file liens. Those liens turn into cash for the HOA. That cash, somehow, always manages to wind up in the pockets of board members or their relatives.
    Call me weird but that's a seriously f'kd up income stream. :(
     

    candcallen

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    Little Elm
    Well it started in California, shocker, with HOAs charging 5 ten or 15 thousand dollars surcharges to homeowners who rent out their property without living in it first.

    Sounds discriminatory to me to but so far I haven't been able to find any court cases about them.

    It will work out. Some way.
     

    xdmikey

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    cypress, tx
    I never had this crap in Dallas but we did have the Al & Diane show, with guest appearances by JW!

    Harris county and surrounding has it along with mud tax(wtfit!)and driveways that stop an inch above the street. This is killing my vette(gone)and Beemer!
     

    bullgator

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    Got a call from the land lord today telling us they cant renew our lease another year because The HOA is adding huge penalties to rental homes if the owner didn't live there a year before renting. Starting with 1500 dollar a month fee. Apparently Denton county approved this.

    We were going to buy in a year anyways, July 2021, possibly even this house, but now have to move now on making decisions and packing. Packing and moving is the worst. I'm sure we can figure something out depending on how the great wuhan retard pandemic leaves us financially.

    I guess I know why all the homes around the general area aren't selling, first time investors who want to buy to build a portfolio can't. They have to live in them or basically pay double the first year. I wonder how many HOAs are doing this.

    Another reason to hate HOAs.


    ETA, the shitty thing is we had just asked the owner this and was told no problem cause we've been here almost a decade and then made a couple financial decisions based on that time frame.

    Oh well, I'm sure it will work out. Wy might even come out a couple thousand dollars ahead. I just needed a year to save another sum of money.
    I don't think that's legal. Sounds like bs to me from the landlord / hoa. I believe his are all a bunch of self rightous idiots and I was one once and they care for no one other than their egos. (HMFWIC)
     

    candcallen

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    Had a knock at the door a couple days ago, the land lords are pissed. This rule was pushed thru at a poorly advertised meeting, against the rules, where only 5 home owners showed up and no renting property owners. Meetings are supposed to be advertised thru the mail.

    Anyways they are planning on suing the HOA and will probably win. Still that will take time.

    Still, were finally approved for enough to buy this home, and I pulled together enough cash to do so, if we can make a deal. We've been here 10 years so the obvious stuff like soft goods on the floors paint etc need done. Not to mention the cost to prepare it for market so were optimistic we can make a deal by saving here that money. Prices are dropping a bit and times on market are in months now instead of days so I guess we would be buying at the right time, not to mention interest rates sub 4 percent.
     

    F350-6

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    I'm thinking you should ask the landlord to add your name to the lawsuit so it's the both of you suing them. This way if you buy the house, they can't dismiss the lawsuit because the landlord no longer has a vested interest.

    Your position can be, we want to be able to rent this one day, possibly soon (like if you hit the lotto next month and want to buy a big mansion)
     
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