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Discussion in 'Rants and Raves' started by candcallen, Apr 7, 2020.
So you're the one ...
Yes! It's a very private and exclusive HOA with only two members and one house!
The dogs are other board members and they are easily manipulated with treats!
I think you might have the rank of the officers reversed ...
But at least I am head groundskeeper!
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.
Or better yet, don't buy a house that's in an HOA.
That's the answer.
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.
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.