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Tuesday, September 30, 2008
Eminent Domain
Labels:
eminent domain
Monday, September 29, 2008
LANCO REAL ESTATE-TEXAS
"LANCO REAL ESTATE-TEXAS, et al., Defendant-Appellee." 876 F.2d 897
Continental Plaza
- [ Translate this page ]Lanco-Continental Plaza orginated between FM 1960 and Atascocita road in 1982. It was split into hundreds of sperate blocks (typically 50 X 100 feet) which ...
wikimapia.org/1616237/Continental-Plaza - 16k - Cached - Similar pages - Note thisProperty owners to clean up mess at Continental Plaza ...
Sep 28, 2008 ... As land owners clean up the trash and debris in Continental Plaza, the mess will still remain with Lanco-Continental Plaza, ...
humbletx.wordpress.com/2008/09/28/atascocita_1/ - 23k - 18 hours ago - Cached - Similar pages - Note thisOwners push to clean, build up Continental Plaza « Continental Plaza
Sep 28, 2008 ... “Lanco-Continental Land owners association collected millions of dollars fees to ... Property owners to clean up mess at Continental Plaza ...
humbletx.wordpress.com/2008/09/28/owners-push-to-clean-build-up-continental-plaza/ - 6 hours ago - Similar pages - Note this
More results from humbletx.wordpress.com »Humble, Texas (TX) Detailed Profile - relocation, real estate ...
LANCO CONTINENTAL PLAZA INC (Population served: 100, Groundwater):. Past monitoring violations:. PN Violation for NPDWR Violation - Between JUN-2006 and ...
www.city-data.com/city/Humble-Texas.html - 125k - Cached - Similar pages - Note thisCONTINENTAL PLAZA :: View topic - History
Lanco-Continental Plaza ( Humble,Texas 77346 ) originated between FM 1960 and Atascocita rd in 1982 on approx. 230 acres of land. It was split into hundreds ...
continental.10.forumer.com/viewtopic.php?p=3 - 36k - Cached - Similar pages - Note this- [DOC]
Page 4A, Atascocita Observer, August 27, 2008
File Format: Microsoft Word - View as HTML
Another property owner, Lola Nash, began lo suspect that Lanco-Continental Plaza , which was Shea Company when she purchased her land in 1985, ...
humbletx.files.wordpress.com/2008/09/obs2.doc - 17 hours ago - Similar pages - Note this Kingwood Continental Plaza - Sept 20 & 27
Lanco Continental Plaza wasn’t maintained according to the land owner’s expectations. • Status of the “Continental Land Owners Association” is unknown ( as ...
www.kingwood.com/message_board/view_message.php?message_board_parent_id=278409&message...id... - 82k - Cached - Similar pages - Note this- [PDF]
HALL REED GARNER UNCONTESTED AGENDA Wednesday, March 3, 1993
- 12:05pmFile Format: PDF/Adobe Acrobat - View as HTML
APPLICATION BY LANCO-CONTINENTAL PLAZA, INCORPORATED for. renewal of Permit No. ... Continental Plaza Wastewater Treatment Facilities. The plant ...
www.tceq.state.tx.us/assets/public/comm_exec/agendas/comm/marked/1993/930303.pdf - Similar pages - Note this ISSUE OF December 18, 1992" ve5="?"> In Addition The Texas ...
Lanco-Continental Plaza, Inc.; the Continental Plaza Wastewater Treatment Facilities; the plant site is approximately 250 feet north of Atascocita Road and ...
texinfo.library.unt.edu/Texasregister/text/1992/1218ia.txt - 61k - Cached - Similar pages - Note thisAll properties in Keymap 376D
0--AGEAN-DR--77346-HUMBLE LANCO CONTINENTAL PLAZA · 0--AGEAN-DR--77346-HUMBLE NGUYEN THAI Q · 0--AGEAN-DR--77346-HUMBLE SOROUR ASHRAF ...
www.voxproperty.com/keymap_list_376D.html - 118k - Cached - Similar pages - Note this
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APPLICATION BY LANCO-CONTINENTAL PLAZA, INCORPORATED
UNCONTESTED AGENDA
Wednesday, March 3, 1993
TEXAS WATER COMMISSION
RENEWED, PG/PR
Item 21. APPLICATION BY LANCO-CONTINENTAL PLAZA, INCORPORATED for
renewal of Permit No. 12591-01 which authorizes a discharge of
treated domestic wastewater effluent at a volume not to exceed
an average flow of 100,000 gallons per day from the
Continental Plaza Wastewater Treatment Facilities. The plant
site is approximately 250 feet north of Atascocita Road and
300 feet northeast of the crossing of Williams Gully by
Atascocita Road in Harris County, Texas.
Wednesday, March 3, 1993
TEXAS WATER COMMISSION
RENEWED, PG/PR
Item 21. APPLICATION BY LANCO-CONTINENTAL PLAZA, INCORPORATED for
renewal of Permit No. 12591-01 which authorizes a discharge of
treated domestic wastewater effluent at a volume not to exceed
an average flow of 100,000 gallons per day from the
Continental Plaza Wastewater Treatment Facilities. The plant
site is approximately 250 feet north of Atascocita Road and
300 feet northeast of the crossing of Williams Gully by
Atascocita Road in Harris County, Texas.
Public opinion about Continental Plaza
Atascocita Anyone Going To The Continental Plaza Cleanup - Atascocita Forums
Owners purchased the land in 1984 from the developers Jim and Dennis Wilkerson,however they were was not able to build up ( Note : there is no deed restrictions).Since 1984 Harris County Permitting office( and the Association ) was rejecting all building permit applications.
Continental Plaza Association Inc did not want any structures in this area. They were investing landowners association fee money elsewhere.That is why there is no sewer,no water lines and no maintenance service.
So-called” Continental Land Owners Association Inc. “ was established on October 25, 1985 ,under the address P.O box#4028,Humble TX 77347(as per Texas State Comptroller’s office :file #0077192501, tax ID #17602049862,registered agent: Donald Knobloch, 15311 W. Vantage Parkway, Ste. 315, Houston, TX 77032,officers: Don Knobloch, Jim Tynan, Tami Barnett, 18 Augusta Pines Dr, Spring, TX 77387).The Continental Land Owners Association Inc. officials were not elected by the land owners.
• The Continental Plaza land owners and a taxpayers, who attempted to contact Continental Land Owners Association ,discovered that :
1. The office address is not accurate
2. The phone number is blocked.
3. The P.O. Box 4028, Humble, TX 77347 was set up only to collect the association fee money from approximately 450 land owners of approximately 229 acres of land .
4. According to documentation, send by the T. Barnett to some to the land owners, annual maintenance is $0.02 per square foot of land.
5. All officers that established Continental Land Owners Association Inc. were never located by the land owners
• Continental Land Owners Association Inc never disclosed a balance of the account to the land owners and no annul meetings were held. All certified letters that were sent by land owners to the Continental Land Owners Association Inc were returned.
• The maintenance fee money ($0.02/square foot of the land per year) collected during over 20 years was never used to clean up, repair roads, and to install sewer and water system. Lanco Continental Plaza wasn’t maintained according to the land owner’s expectations.
• Status of the “Continental Land Owners Association” is unknown (as per Texas Comptrollers office:” not in good standing”).Went out of business or bankrupt.
• “Lanco Continental Plaza” developer’s status is unknown to the land owners and no record to be found
• There are about 450 land owners in the Continental Plaza area.
• This area has become a wasteland, where many residents and surrounding businesses dump their trash (auto/mechanical shops ).
Harris county officials lost interest in this area,however they area collecting very high property taxes.They own over 10 lots in the Continental Plaza.
High profile Texas authorities and politicians are ignoring landowners requests to have this case investigated. They have been ignoring landowners requests for several years.
On 01/01/2001, the land owners submitted a fraud report to the Attorney General of Texas,John Cornyn . This case was never investigated.Land owners did not receive any feedback.
Harris county Health and Environmental dept issued 29 major groundwater contamination violations and 17 other violations.
Continental land Owners Association did not correct the issue.
Did they penalize them ? I don't think so.
Sunday, September 28, 2008
New gate
Just to stop illegal dumpers
Kingwood Continental Plaza-The Observer: "Continental Plaza, which consists of approximately 450 property owners and 229 acres of land, contains no structures. Half of the properties are deemed for commercial businesses and the other half will be residential structures.They have this many owners and they can't clean it up themselves?"
Owners push to clean, build up Continental Plaza
Houston Community Newspapers Online - News Around Town > Archives > Kingwood Observer > News > Owners push to clean, build up Continental Plaza
Now that the property owners are no longer under an association and have the option to build on their land, there will be a clean up event Sept. 20 and 27.
“Our goal is to take the trash that has been dumped on the side of our roads and put them on the roads and bulldoze them towards FM 1960 into trash containers,” said Margaret Kopko, representing property owners in Continental Plaza.
The clean up event will take place 9 a.m.-6 p.m. Organizers are working with county officials to get a tractor to push and collect the trash. Businesses will also be asked to donate or help get 10 trash containers for the event.
“Once the cleanup is complete, we have plans to do surveillance and go to the businesses on FM 1960 and ask them to stop illegal dumping on the properties,” said Marianna Kopko, another property owner.
A gate is also an option to deter people from further tearing and trashing the roads and properties.
Continental Plaza, which consists of approximately 450 property owners and 229 acres of land, contains no structures. Half of the properties are deemed for commercial businesses and the other half will be residential structures. Owners began purchasing land in the 1980s; however, after deals were finalized, they began to realize the mistake they had made.
“Lanco-Continental Land owners association collected millions of dollars fees to maintain our properties and to enjoy the escalating value of land. Surrounding properties did increased their values but continental plaza became a the de-facto garbage dump, money was stolen for Lanco's greed,” said Paul Dalde, property owner in Continental Plaza. “Huge 18 wheelers make short cut through the main street of continental creating those big potholes. In the beginning, kids were drag racing at night too, until the pavement on those roads are gone to the mud it is today.”
Now that the Continental Land Owners Association went out of business in 2007, property owners are ready to build, develop or sell their property and first order of business is to clean it up. After Sept. 20 and Sept. 27, developers are going to start looking at the open land and begin developing it.
“We like to take back our land from the vandals, homeless and malicious people around, your brilliant story presentation would help other land owners who are disappointed and dismayed, and help us in making Continental Plaza unique as it was envisioned to be. We need community cooperation to do that,” Dalde said.
According to organizers of the cleanup, the event will help to remove garbage, reduce crime, reduce traffic and increase the beautification can development of the area.
For more information on the clean up event Sept. 20 and 27, e-mail coast567 AT yahoo.com or visit http://continental.forumer.com
By ROYCELYN BASTIAN
Driving past Continental Plaza on FM 1960, many have noticed graffiti on the sign and yellow caution tape warning many about the large pot holes and illegal dumping that has taken place for many years.Now that the property owners are no longer under an association and have the option to build on their land, there will be a clean up event Sept. 20 and 27.
“Our goal is to take the trash that has been dumped on the side of our roads and put them on the roads and bulldoze them towards FM 1960 into trash containers,” said Margaret Kopko, representing property owners in Continental Plaza.
The clean up event will take place 9 a.m.-6 p.m. Organizers are working with county officials to get a tractor to push and collect the trash. Businesses will also be asked to donate or help get 10 trash containers for the event.
“Once the cleanup is complete, we have plans to do surveillance and go to the businesses on FM 1960 and ask them to stop illegal dumping on the properties,” said Marianna Kopko, another property owner.
A gate is also an option to deter people from further tearing and trashing the roads and properties.
Continental Plaza, which consists of approximately 450 property owners and 229 acres of land, contains no structures. Half of the properties are deemed for commercial businesses and the other half will be residential structures. Owners began purchasing land in the 1980s; however, after deals were finalized, they began to realize the mistake they had made.
“Lanco-Continental Land owners association collected millions of dollars fees to maintain our properties and to enjoy the escalating value of land. Surrounding properties did increased their values but continental plaza became a the de-facto garbage dump, money was stolen for Lanco's greed,” said Paul Dalde, property owner in Continental Plaza. “Huge 18 wheelers make short cut through the main street of continental creating those big potholes. In the beginning, kids were drag racing at night too, until the pavement on those roads are gone to the mud it is today.”
Now that the Continental Land Owners Association went out of business in 2007, property owners are ready to build, develop or sell their property and first order of business is to clean it up. After Sept. 20 and Sept. 27, developers are going to start looking at the open land and begin developing it.
“We like to take back our land from the vandals, homeless and malicious people around, your brilliant story presentation would help other land owners who are disappointed and dismayed, and help us in making Continental Plaza unique as it was envisioned to be. We need community cooperation to do that,” Dalde said.
According to organizers of the cleanup, the event will help to remove garbage, reduce crime, reduce traffic and increase the beautification can development of the area.
For more information on the clean up event Sept. 20 and 27, e-mail coast567 AT yahoo.com or visit http://continental.forumer.com
Wednesday, August 27, 2008
Tuesday, July 22, 2008
Tuesday, July 1, 2008
Sunday, June 29, 2008
Unions love Willets Point land grab
Unions love Willets Point land grab: "'It's just a big land grab,' says Dan Feinstein, whose family has run Feinstein Ironworks in Willets Point for more than 75 years.
'How in the world does the mayor justify what he's trying to do?' Feinstein says. 'He's nationalizing our property like we're in Venezuela or Russia, then determining which of his friends will get it.'"
'How in the world does the mayor justify what he's trying to do?' Feinstein says. 'He's nationalizing our property like we're in Venezuela or Russia, then determining which of his friends will get it.'"
Friday, June 27, 2008
Kelo decision
Kelo v. City of New London - Wikipedia, the free encyclopedia: "The decision was widely criticized by American politicians and the general public. Many members of the general public viewed the outcome as a gross violation of property rights and as a misinterpretation of the Fifth Amendment, the consequence of which would be to benefit large corporations at the expense of individual homeowners and local communities."
Texas House of Representatives
Texas House of Representatives: "In light of the 2005 Kelo decision by the United States Supreme Court, legislators have moved quickly to protect private rights from eminent domain procedures."
Thursday, June 26, 2008
Stop Texas HOA Foreclosures
About Us Stop Texas HOA Foreclosures: "An advocate movement started in 1990 by Johnnie and Harvella Jones, two years after they arrived from Ohio to Kingwood, Texas, and learned they were living in a homeowner association environment requiring annual maintenance fees that if not paid could cause foreclosure of your homestead."
Trafford Publishing: The Texas Homestead Hoax
Find out how Texas' dirty little secret began and how the judges, Community Associations Institute (CAI) attorneys, constable and even HUD are involved in the cover-up in this cottage industry; and it is just not in Texas.
Foreclosure due to fines loophole in TX property code? (Texas) - misc.consumers.house.homeowner-assn | Google Groups
Trafford Publishing: The Texas Homestead Hoax
Find out how Texas' dirty little secret began and how the judges, Community Associations Institute (CAI) attorneys, constable and even HUD are involved in the cover-up in this cottage industry; and it is just not in Texas.
Foreclosure due to fines loophole in TX property code? (Texas) - misc.consumers.house.homeowner-assn | Google Groups
Meetups
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 | In-POWER Real Estate Investing is designed to teach people new to real estate investing or expand your current knowledge base about the ins and outs of real estate investing . We invite guest speakers to cover topics that are necessary for investing in real estate and running a small business | 13 Real Estate Buyers & Investors | |
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 | Meet other local fans of the financial board game Cashflow 101 & 202 by R. Kiyosaki. All are welcome. The mission of this Meetup is to provide a mutually supportive and positive learning environment in which every member has the opportunity to learn about and develop investment strategies...and have FUN doing it! ******UPDATE****** (03Jun2… “ Truly awesome and I look forward to meeting again ” | 43 Cashflow Players |  |
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 | Now in it's 4th year! Get together and network with beginning and experienced investors near you, including Round Rock Wealthbuilders and IBD Meetup. All investors are welcome. Beginning investment strategies and Austin area real estate investing with the goal of financial independence are the monthly topics of discussion. You do NOT need to be an… | 257 Round Rock Wealthbuilder's |  |
 | This club is specifically focused on Real Estate investing and business ownership. The leaders are ALL investors and business owners that mentor on multiple streams of income through Real Estate and Business Ownership. Network with other Business owners and investors and have fun with the financial board game of Ca$hflow by Robert Kiyosaki. In… | 37 Cashflow Players | |
 | Meet fellow Real Estate Buyers and Investors near you! Come to a local Real Estate Buying & Investing Meetup to discuss properties on the market, contracts, mortgages and anything else about land and realty. All are welcome! www.moonlightcapital .com | 140 Real Estate Buyers & Investors |  |
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| | Meet fellow Real Estate Buyers and Investors near you! Come to a local Real Estate Buying & Investing Meetup to discuss properties on the market, contracts, mortgages and anything else about land and realty. All are welcome! www.moonlightcapital .com |
- Does Meetup cost any money?
Meetup doesn't charge you to create a Meetup account, join a Meetup Group, or attend Meetups.
Instead, every Meetup Group is responsible for paying a monthly Fee billed to the Organizer. Most Organizers treat the fee like a restaurant tab, sharing the fee with the Meetup Group members by setting membership dues or charging at individual Meetups.
There are currently 3 price plans:
- $12 a month for 6 months (a single $72 charge)
- $15 a month for 3 months (a single $45 charge)
- $19 a month
And each plan has a 30-day money back guarantee.
Wednesday, June 25, 2008
SAY NOA TO HOA
Blogs: "SAY NOA TO HOA --Let's explore HOA myths together"
Comments
JIM MCDONOUGH 120 weeks ago
Jim, I worked for two years in Latvia after the Soviet Union was out of there but had a chance to learn about what life was like under the Soviets. It was incredible that even school lunch menus had to be approved in Moscow for schools in small Latvian towns.
HOAs are report communities rather than support communities and that is all too similar to any police type government.-- Georgia
georgia hotton 119 weeks ago
Condominium and Homeowners Associations
Regenesis.net - Condominium and Homeowners Associations
Comments
Hi Danielle!
Well, since our HOA in Rancho Sahuarita is out-sourced to a property management company (Lewis Management), a more appropiate question may be,"How do you feel about Lewis Management?"
Unfortunately, this is a public forum so I will refrain from telling you how I really feel! LOL....
James Mulkins 120 weeks ago
Danielle,
I will be honest Danielle, I know we pay our dues to them, but frankly I have no idea what they exactly do or where our money goes. I wanted to know if they have a newsletter or meetings so that we know better about Rancho Sahuarita HOA. For now, for me it is just a phantom that eats my money.
Mona Darwich-Gatto 120 weeks ago
Well, your HOA dues pay for the clubhouse (and the gym) and the waterpark and the upkeep of the lake.
Sean Kay 120 weeks ago
Thanks Sean!
I thought that was included in the mortgage..., so nothing else is included?
Mona Darwich-Gatto 120 weeks ago
Buying into any HOA can be a "buyer beware" proposition.
Rancho Sahuarita appears to be a major HOA with several smaller sub associations all participating in it. It has fantastic recreation amenities and the present cost for using these is quite reasonable.
However, there seems to be major delay in the development of the proposed golf course and some of the early residents are wondering if the golf course will ever be an actuality.
Others are concerned that renters may have better access to the amenities than family visitors of actual owners.
Some questions arise as to the awareness of the buyers as to their ultimate responsibility for managing and financially supporting the great rec facilities once the developer moves out. There is some question as to whether the present monthly fees might be low ball figures.
As with any HOA, it is important that the prospective buyer read the CC&Rs, the rules and regs that govern the HOA, and perhaps even more importantly talk to residents who have been there at least one year.
If feasible, rent there for several months or a year before actually buying. Right now it may be a buyers market and you might be well advised not to move too quickly.
-- georgia hotton
georgia hotton 120 weeks ago
10 HOA Myths
Ten Homeowner Assocition (HOA) Myths
In the United States of America
Copyright 2007 Citizens for Constitutional Local Government
By Jan Jackson
February 25, 2008
Florissant, Colorado
1. MYTH: The HOA attorney represents you, and will assist you in your claims of wrongdoing against the board.
REALITY: The attorney represents the HOA as reflected by the board. He defends the board.
2. MYTH: In spite of your contractual CC&Rs, your civil and fundamental rights are still protected by the Constitution.
REALITY: As a private contract, your CC&Rs have priority over the Bill of Rights, unless those particular rights are so enumerated by the US Supreme Court, such as the Fair Housing Act. People have the freedom to contract and can surrender their rights as happens, many times unexpectedly, as stated by the CC&Rs.
3. MYTH: Disputes are resolved by an independent tribunal with an opportunity to examine witnesses and the charges.
REALITY: Generally, the board issues complaints and decides the issue.
4. MYTH: You can file a complaint with the local government for enforcement of state law violations by the board.
REALITY: HOA disputes are treated as private disputes, and local police / attorneys do not get involved. Filing a civil suit is generally required, even in the case of a state law violation.
5. MYTH: If unhappy with the board, homeowners can vote the board out in any election as elected public officials can be voted out.
REALITY: There are no protections against violations of the election process, nor oversight of fair elections since the incumbent board, like a corrupt political machine, controls the elections and hears any claims of voting irregularities.
6. MYTH: The HOA fosters vibrant, healthy communities with the general welfare of the homeowners as an important goal.
REALITY: HOAs are created to maintain property values, and to exercise police powers to regulate the use and operation of the common areas and amenities. There is no equivalent Bill of Rights to protect homeowner fundamental rights as with public government. HOAs do not have to be fair, reasonable or competent.
7. MYTH: Not actually having read, actually signed, or acknowledged the provisions within the CC&Rs invalidates its legality.
REALITY: Just the mere posting of the CC&Rs at the county clerks office is sufficient to create a binding agreement when you accept your deed.
8. MYTH: As in the case of a dispute with your credit card company, in a dispute with your HOA you can send a certified letter to your HOA and no action can be taken until the dispute is resolved.
REALITY: You must always make your payments regardless of any dispute. Buying in an HOA is equivalent to pledging your home as collateral for the timely and continuous payment of assessments. Your home can be foreclosed and sold at auction by the HOA.
9. MYTH: The home you buy in an HOA is your private property to do and act in any manner as you please that is not contrary to municipal ordinances.
REALITY: The CC&Rs represent a surrender of your property rights to the HOA, granting it broad, discretionary powers not envisioned at the time of purchase nor clearly stated within the CC&Rs.
10. MYTH: As with any other contract, you are protected by the version of the CC&Rs in effect at the time of purchase.
REALITY: The courts have upheld subsequent amendments to be binding on all homeowners regardless of when they bought their homes, and these amendments can have far reaching financial consequences beyond the reasonable expectations of the purchaser. In other words, those CC&RS can be a meaningless piece of paper.
--------------------
Copyright 2007 Citizens for Constitutional Local Government
This document may be freely copied and distributed only if proper credit is given Citizens for Constitutional Local Government.
In the United States of America
Copyright 2007 Citizens for Constitutional Local Government
By Jan Jackson
February 25, 2008
Florissant, Colorado
1. MYTH: The HOA attorney represents you, and will assist you in your claims of wrongdoing against the board.
REALITY: The attorney represents the HOA as reflected by the board. He defends the board.
2. MYTH: In spite of your contractual CC&Rs, your civil and fundamental rights are still protected by the Constitution.
REALITY: As a private contract, your CC&Rs have priority over the Bill of Rights, unless those particular rights are so enumerated by the US Supreme Court, such as the Fair Housing Act. People have the freedom to contract and can surrender their rights as happens, many times unexpectedly, as stated by the CC&Rs.
3. MYTH: Disputes are resolved by an independent tribunal with an opportunity to examine witnesses and the charges.
REALITY: Generally, the board issues complaints and decides the issue.
4. MYTH: You can file a complaint with the local government for enforcement of state law violations by the board.
REALITY: HOA disputes are treated as private disputes, and local police / attorneys do not get involved. Filing a civil suit is generally required, even in the case of a state law violation.
5. MYTH: If unhappy with the board, homeowners can vote the board out in any election as elected public officials can be voted out.
REALITY: There are no protections against violations of the election process, nor oversight of fair elections since the incumbent board, like a corrupt political machine, controls the elections and hears any claims of voting irregularities.
6. MYTH: The HOA fosters vibrant, healthy communities with the general welfare of the homeowners as an important goal.
REALITY: HOAs are created to maintain property values, and to exercise police powers to regulate the use and operation of the common areas and amenities. There is no equivalent Bill of Rights to protect homeowner fundamental rights as with public government. HOAs do not have to be fair, reasonable or competent.
7. MYTH: Not actually having read, actually signed, or acknowledged the provisions within the CC&Rs invalidates its legality.
REALITY: Just the mere posting of the CC&Rs at the county clerks office is sufficient to create a binding agreement when you accept your deed.
8. MYTH: As in the case of a dispute with your credit card company, in a dispute with your HOA you can send a certified letter to your HOA and no action can be taken until the dispute is resolved.
REALITY: You must always make your payments regardless of any dispute. Buying in an HOA is equivalent to pledging your home as collateral for the timely and continuous payment of assessments. Your home can be foreclosed and sold at auction by the HOA.
9. MYTH: The home you buy in an HOA is your private property to do and act in any manner as you please that is not contrary to municipal ordinances.
REALITY: The CC&Rs represent a surrender of your property rights to the HOA, granting it broad, discretionary powers not envisioned at the time of purchase nor clearly stated within the CC&Rs.
10. MYTH: As with any other contract, you are protected by the version of the CC&Rs in effect at the time of purchase.
REALITY: The courts have upheld subsequent amendments to be binding on all homeowners regardless of when they bought their homes, and these amendments can have far reaching financial consequences beyond the reasonable expectations of the purchaser. In other words, those CC&RS can be a meaningless piece of paper.
--------------------
Copyright 2007 Citizens for Constitutional Local Government
This document may be freely copied and distributed only if proper credit is given Citizens for Constitutional Local Government.
Position Statement On Common Interest Developments
Approximately 60,000,000 United States citizens now live in what are loosely defined as CIDs. While the earliest mention of an “Association of Property Owners” goes back to 1826 in Boston, these types of developments really started to propagate in the 1970s. Real estate developers faced a problem, especially in the urban and suburban areas surrounding large cities. Land was becoming scarce. In addition, most local governments had very strict zoning requirements with regard to lot sizes, setbacks, etc. In order to get around these problems, the developers turned to the CID. By creating a Not-For-Profit Corporation, the “Homeowners Association” (HOA), not only did they find a way around the zoning issues, but they also created a framework, which would let them exercise total control over a project until it was finished. Furthermore, they discovered a very seductive tool to entice the local governments to give their approval. That tool is this. The developers, through the HOA, would provide basic services such as snow removal and trash collection for a fee charged to the homeowners. The local governments for their part would get to tax the residents at the full rate, without providing any services. A true “Quid Pro Quo”.
http://www.texashoareform.org/PositionStatementOnCommonInterestDevelopments.doc
http://www.texashoareform.org/PositionStatementOnCommonInterestDevelopments.doc
Austin
City-Data Forum - View Single Post - Trip Report and Question about HOA: "For your own financial security, don't even think about buying a home in an HOA. You've raised great points. Unfortunately, the attitude in many of these HOA areas is to extend the restrictions far beyond what you agreed to through the use of 'rules' and 'regulations' adopted by the Board without your approval or agreement. Their philosophy is that the CCRs don't say that they can't do that. The problem of course is that Board members and Architectural Committee members are talking about YOUR property, not their property or HOA property.
HOA laws in Texas are awful for the homeowners. There is quite an industry that feeds off of and bilks homeowners living in HOAs. 'Private fining' is one significant example. Indeed, you will find an older neighborhood that has an HOA will suddenly endow itself with fining powers and adopt a 'priority of payment' to apply your assessment payments to fines, management company fees prior to being applied to your assessments - once a 'professional' management company gets involved. The other side will say 'hey you just have to follow 'the rule' ', but as I stated earlier they tend to create new rules that you never agreed to as well as interpret restrictive covenants unreasonably or even unlawfully."
HOA laws in Texas are awful for the homeowners. There is quite an industry that feeds off of and bilks homeowners living in HOAs. 'Private fining' is one significant example. Indeed, you will find an older neighborhood that has an HOA will suddenly endow itself with fining powers and adopt a 'priority of payment' to apply your assessment payments to fines, management company fees prior to being applied to your assessments - once a 'professional' management company gets involved. The other side will say 'hey you just have to follow 'the rule' ', but as I stated earlier they tend to create new rules that you never agreed to as well as interpret restrictive covenants unreasonably or even unlawfully."
Sunday, June 22, 2008
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TEXAS HOMEOWNERS FOR HOA REFORM, INC.
1114 Shillington Drive
Katy, Texas 77450
Phone: Fax:
http://www.TexasHOAreform.org/
Rank: No ranking.
Summary: Organization began in August 2006. Objectives:
1. To eliminate the HOA foreclosure threat to all homeowners in Texas.
2. To correct Property Code Chapters 204 and 209, restoring homeowners' control of their own property and associations as opposed to HOA boards having "all powers." (Those statutes subjected homeowners to HOAs without consent, to deed restrictions without consent, to arbitrary and often secret rules, and to the threat of the loss of home because of all these changes.)
3. To seek justice and equal treatment for Texas homeowners under the Constitutions of Texas and of the United States.
4. To correct Property Code Section 5.006 enabling a homeowner to have an equal opportunity in any HOA suit to receive an award of attorney fees.
5. To make all Texas HOAs subject to The Open Records Act and The Open Meetings Act.
• Beanie Adolph - HOAdata.org is a founder of TexasHOAreform.orgOther Information: Barbara J. Gatlin- President, Kathy MacInnes- Vice-President and Secretary
Directors:Beanie Adolph, Charles Lenert, Robin Klar Lent, Neil MacInnes, Mary McGarr, Judy Robinson, Betty Smith- Tips for Homeowners
Texas Homeowners for HOA Reform, Inc. 501(c)(4)
President: Robin Klar Lent
Secretary: Lynn Walshak
Treasurer: Betty M. Smith
Directors: Irene "Beanie" Adolph, Gwen Gates, Kathy MacInnes, Charles Lenert
Texas Homeowners for HOA Reform Education Fund, Inc. 501(c)(3)
President: Robin Klar Lent
Secretary: Lynn Walshak
Treasurer: Gwen Gates
Directors: Irene "Beanie" Adolph, Kathy MacInnes, Charles Lenert, Betty M. Smith
Regional Representatives:
North Texas
Dallas - Ft. Worth area: Sherry Terry
Central Texas
Austin: Ken and Malu Hamburger
San Antonio: Richard Craig
Houston Metropolitan Area
THHR Board
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FROM 1958-1963 I SERVED IN THE US ARMY STATIONED IN BERLIN DEFENDING AGAINST COMMMUNISM. PEOPLE WOULD TURN EACH OTHER IN TO THE GOVERNMENT, THE SAME WAY AS THE HOA ACTS. HOA= COMMUNISM. JM