HOAleader.com - Tip of the Week - June 27, 2014
Published: Fri, 06/27/14
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HOA to Owner: No Cleanup? Then We Tear Down
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Thinking of demolishing an owner's property to teach a lesson about
complying with HOA rules? A Texas appellate court in Evans v. Davis and Happy
Hide-A-Way Civic Club says that's a very bad idea.
Evans starts with a tale common at HOAs. In April 2010, the Happy Hide-A-Way
cited Russell and Terrie Evans for various deed restriction violations,
including using their property as a "dumping ground," improperly storing
vehicles on their grounds, and failing to remove weeds and care for grass,
according to the appellate court.
Then On May 20, 2011, the HOA sent a letter to the Evanses saying the buildings
on the property would be demolished the week of June 6, and the couple would be
billed for the costs. The letter didn't notify the couple of their right to a
hearing. The Evans claimed they never received the letter. The buildings
were demolished about June 16, 2011, according to the opinion.
The Evans sued, and the HOA countersued for more than $80,000, or $200 per day
in fines while the owners were in violation, along with the $3,000-plus demo
fees. The trial court sided with the HOA and awarded it more than $80,000 in
damages.
The appellate court, however, took apart the trial court's decision,
essentially giving the HOA hell for taking matters into its own hands. Find
out why, and read about a more common example-a real-life case of an HOA's
efforts to tear down a nonconforming deck-in our new article:
http://www.hoaleader.com/members/1026.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Does "Self-Help" for Your HOA Include Demolishing an Owner's Home?
We really don't think you'll ever do something like this. But on the off
chance that you're thinking of demolishing buildings on an owner's lot to
teach a lesson on upkeep, we suggest you don't.
Case in point: Evans v. Davis and Happy Hide-A-Way Civic Club, a November
2013 opinion from a Texas Court of Appeals reminding HOAs that they can't
demolish an owner's property for failure to maintain it without following
some basic rules. Here's the skinny.
Click here to read full article:
http://www.hoaleader.com/members/Does-Self-Help-for-Your-HOA-Include-Demolishing-Owners-Home.cfm
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Let's Make a Deal! Putting Owners to Work to Pay Off HOA Fees
In this week's tip, we lend some advice to a kind-hearted reader who's
considering proposing a barter arrangement to allow struggling
homeowners to work to pay for association fees.
Click here to read full article:
http://www.hoaleader.com/members/Lets-Make-Deal-Putting-Owners-Work-Pay-Off-HOA-Fees.cfm
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Who Fixes What in HOA Units After a Disaster?
Sadly, your residents are bound to eventually face damage from natural
disasters like earthquakes, tornadoes, and storms. The question is who
pays for repairs to the interior of units? For example, if an earthquake
creates cracks in owners' walls, is that considered the responsibility of
those owners or the HOA? Here our experts lay out some answers.
Click here to read full article:
http://www.hoaleader.com/members/Who-Fixes-What-in-HOA-Units-After-Disaster.cfm
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Can You--and Should You--Help HOA Owners in Dire Financial Straits?
Here our experts discuss whether a barter arrangement can work for
homeowner association fees.
Click here to read full article:
http://www.hoaleader.com/members/Should-You-Help-HOA-Owners-in-Dire-Financial-Straits.cfm
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When HOA Owners Say, "Those New Rules Don't Apply to Me!"
In this week's tip, we answer a reader's question about whether a new
$500-per-pet deposit--when there was none before--is enforceable
without exception.
In some instances, depending on your state law, your governing documents,
and your past practice, you may be required to "grandfather" in existing
owners. That means you exempt them from new rules that may cause a hardship
for a period of time or until some event happens.
Click here to read full article:
http://www.hoaleader.com/members/When-HOA-Owners-Say-Those-New-Rules-Dont-Apply-Me.cfm
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