HOA said I was in violation d/t peeling paint on siding. They filed a suit and I received notice from the court regarding the matter in July 2008 and responded that month saying it would be fixed after hurricane season.
The problem was corrected on schedule in October 2008 as stated in my letter dated July 2008 despite the actual hurricane (Ike - this is in Galveston). I replaced all the siding on the house at a cost of $ 25,000.
Apparently, since HOA and lawyers are in Houston and could not see the siding had been replaced, they went ahead with lawsuit in March 2009.
Apparently, a court date was set in March 2009 but I, the defendant, was never notified (I live in another state). Court said it was plaintiff's responsibility to notify and it appears as though rather than using the address specified in my July 2008 letter. Court said they don't send notice certified mail (!) Because I received no notification of the court date, I did not appear and did not respond and a decision was made in absentia for the plaintiff. Fine is $ 1000 - OK but legal fees are over $ 2000. I'm not paying that. They have threatened foreclosure. I'm gonna talk to a lawyer (was going to even before the foreclosure threat d/t never being notified of court date) but is it possible to have a friend or relative just buy the property for the outstanding mortgage amount so the HOA doesn;t get their pound of flesh? I am in a different position than most since I have about 100K of equity in this place (currently rented out). Should I suck it up since legal fees for me would probably add up to the same as just paying the whole d***ned amount?
I have had the same address since I left the state (2006). In fact, the last notice I have from the HOA is from Jan 2009 and is to the same address. I'm reading up on some very shady dealings of TX HOAs regarding foreclosure for small sums.
Answer by teran_realtor
If you sell the house, you cannot get clear title until the HOA is satisfied.
What is the address that the HOA has for you? I don't mean the address on the letter you sent from out of state, I mean the address you last filed with them? That's where they had to notify you - so if you were originally occupying the house, and never told them you moved, then they were supposed to notify you at the house.
Answer by OldJimmy
I feel your pain with TX HOAs. Hopefully the legislature will be able to get them under some sort of control. But that won't help you right now.
You may end up having to pony up the legal fees too, but I was under the impression that before they could get a default judgment they would have to provide some proof of service (or attempt thereof). I could be wrong, and hopefully the judge would not let an error like that get by, but might be worth asking them to provide to you.
Or, because the process was so sloppy ask them if they will accept the fine plus half the legal fees just to put this all to bed.
Selling quickly to a friend isn't going to keep them from collecting; they'll have a lien filed almost certainly.
Good luck.
What do you think? Answer below!
Orignal From: HOA trying to foreclose after winning judgment regarding maintenance and I won't pay court costs. What now?
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