Imagine being told that your property is no longer yours and that you have thirty days to vacate the premises. Texas Homeowner's Associations are proceeding to foreclose on hundreds of homes due to delinquent association dues and fines. This nightmare has become a reality for thousands of Texas home owners.
Due to the decline within the housing market, Texas is one of the worst ranking states, with among the highest record for HOA foreclosures. Texas is also one of the fastest foreclosure states with only a 180 day redemption period.
In Texas, Associations (HOAs) are allowed to foreclose on homesteads for something as minor as a homeowner falling behind on association dues or fines that lead to rule violations. Texas is one of several states that allow HOAs to foreclose on its members. The majority of other states follow a judicial approach, allowing HOAs to place a lien on the property for payment once the house is voluntarily sold by the owner.
In order for a Home Owners Associations to complete a foreclosure they are not required to go before a judge. They are only required to wait a minimum of twenty seven days before selling the property on the courthouse steps. this practice is for nothing other than the financial gain of the HOA's management company. This practice has been on the rise since many home owners have experienced financial difficulties during the recent economic downturn.
Tell your Texas State Legislature that this practice must be stopped and Home Owners Associations should not be allowed to foreclose on your home.
For the past twenty years homeowners associations have exploded across Texas with over 30,000 of them statewide. These homeowners associations have more power to take away a citizen’s home than either a city or a county do.
The state of Texas laws allows the homeowners association to file assessment liens on properties that have not paid their assessments, and they can also allow foreclosure on those liens. The process is called a nonjudicial foreclosure which means a house can be foreclosed on the steps of the courthouse without an arbiter or judge.
It is my position as a taxpayer, homeowner, and your constituent, that our government grants legal protection from foreclosure or property liens by Texas Homeowner’s Associations. As a hard working American with the right of property ownership, I seek Constitutional protection of my homestead from eminent seizure by non-government entities such as homeowners associations.
I am asking for your support in the fight for legislation that would prevent homeowners associations from owning our homes.