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TLR Limiting Liability Illusion of Loser Pays
Saturday, 09 April 2011

Texas May Consider a Bill Forcing Losers in a Suit to Pay Opponents’ Legal Fees
Loser pays; everyone wins. It is the perfect sound bite in what could be the next tort reform battle in Texas: a push to require the losing parties in litigation to pay their opponents’ legal fees. Legal scholars also question whether frivolous litigation is even a significant problem, said Charles M. Silver, a professor at the University of Texas School of Law. No serious academic study outside of the context of securities class actions has found it to be an issue in the United States, Mr. Silver said. And in Texas, since the enactment of the Legislature’s 2003 tort reform package, which included a $250,000 cap on compensation for noneconomic damages in medical malpractice cases, the idea that plaintiffs are now filing suits that are not overwhelmingly meritorious is “just ridiculous,” he said.

HOA Board Business as Usual
Sunday, 03 April 2011

How Your Board Talks To Its Members
Last year a significant number of our members sent their payments to the address we’ve had for years.  The result was we had a significant amount of money piling up at the Scroggins post office.  One member volunteered to get them.  The board’s response was: Don’t worry they will get a late notice with a $30 bill in May if they can’t get the payment in without using an address that is 12 months old.   Ignorance is only excusable for so long.  We can just let the USPS follow their own regulations and return the mail to the sender and make the sender responsible for getting their payments to Pine Valley like every other business in the developed world.   Are you kidding me – Where the hell is Nurse Ratchet.

Homeowner Protection One Step Closer to Approval in the Indiana Senate
Thursday, 31 March 2011
HOA Bill Passes Senate Committee
Legislation authored by State Rep. David Cheatham (D-North Vernon) that would protect the rights of families against illegal activities committed by homeowner’s associations has moved one step closer to approval in the Indiana Senate... “Through this bill, the attorney general will be able to respond to complaints about alleged criminal activity committed by a homeowner’s association or any member of the group’s board of directors,” Cheatham said. “These complaints could include misappropriation of funds, some type of fraud or other criminal activity.”
HOA Reform Hot Issue At Capitol
Saturday, 26 March 2011

HOAs could be crubed by Legislature
Some Texas legislators seem to think so, given that legislators have filed numerous bills this session to curb homeowner associations, including legislation that would, for example, limit associations’ ability to prohibit solar panels and to foreclose on homes, and require associations abide by the Texas Open Meetings law...  On Feb. 15, hundreds of people attended a rally at the state Capitol organized by a nonprofit group, Texas Homeowners for HOA Reform, to ask lawmakers to stop HOAs from foreclosing on homes even if homeowners don’t pay maintenance fees. The group’s website, www.texashoareform.org, has links to dozens of stories about HOA disputes between HOAs and homeowners: such as homeowners flying the American flag on a flagpole, installing burglar bars, placing solar panels on rooftops and keeping their homes despite unpaid HOA dues.

HOA Reform Like An Elephant
Saturday, 26 March 2011

House committee passes first batch of HOA bills
A House committee passed a host of homeowners association bills this morning, as members showed an increasing readiness to tackle HOA concerns... "As someone who has sat on this committee the longest, this is one of the most difficult for us," said Rep. Giddings, D-Desoto, referring to fees affecting HOAs. "It's sort of like an elephant. Our approach this time around is eat it like you eat an elephant and that is one bite at a time."  Plan for equally fiery testimony this afternoon as members take up a bill that would restrict HOAs from regulating homeowners' American flag displays.

HOA Reform Coalition Press Release Freehold and HOA Private Transfer Fees
Sunday, 13 March 2011
Home Owner Associations Face Increasing OppositionFrom Homeowners to End “Transfer Fees”

Homeowners and Realtors have fought for years to end the controversial Home Owners Associations (HOA) and Freehold Capital Partners private transfer fees charged each time a home sells. Business & Industry Committee will hear House Bill 8.   The bill is an enabling act that opens the door to mandatory transfer fees and substantially increases the number of gratuitous administrative fees and fines the HOA management industry can charge.  If passed, HOA governments can impose not only transfer fees but unlimited others: entry fee, resale certificate fees, certificates of compliance fees, capital Improvement fees, special assessment fees, covenant compliance inspection fees and even contribution fees.

California Court of Appeal in Sacramento Rules Against CC&Rs Brinding Arbitration Clause
Sunday, 06 March 2011

CC&R Provisions Mandating Binding Arbitration of Construction Defect Claims Ruled Unenforceable
"CC&Rs are not an effective means of obtaining an agreement to arbitrate a homeowners association's construction defect claims against a developer." "Treating CC&Rs as a contract such that they are sufficient to waive the right to trial by jury does not comport with the importance of the right waived." 
The Villa Vicenza Declaration of CC&Rs was recorded unilaterally by Nobel Court Development, the developer, and was, thus, imposed on the Association and its members. The Association was never given the opportunity to accept or reject the terms of the CC&Rs and did not sign them.

HOA Syndrome: Living in an HOA was the worst
Wednesday, 23 February 2011

Judith L.  MD:  Living in an HOA was the worst
Living in an HOA was the worst thing that ever happened to me - that I could have avoided. As a physician, although not a psychiatrist or psychologist, I absolutely believe in the validity of 'HOA Syndrome'.   Lost sleep, extreme stress and anxiety that permeates every aspect of your life and harms your family repeatedly...if you find yourself in the crosshairs of a vicious, dishonest and greedy Tyrant on the Board , then you can  pretty much kiss life as you know it 'goodbye' for up to a decade. I'm in my 6 th year of HOA Helll and there's  still no end in sight.

HOA Reformers Take Their Big Message to Texas Capitol
Thursday, 17 February 2011

People rally for and against HOA reform
While one group said it's time for change, members of another group said they're happy with their homeowners' association and stand up for HOA rights. Coalition for HOA Reform held the first rally to encourage state lawmakers to stop various HOAs, or what they call "abusive mini-governments." "We need our rights back and that's all there is to it," said Spring resident Wesley Crouch.Reformers said they support the rights of Texas homeowners and not unregulated mini-governments. They said HOAs have broad powers with little oversight and infringe upon homeowner freedom. They also said HOAs cause a lot of burdens for homeowners, including tax hikes, fees, fines and threats of foreclosure.

HOA Reform Heats Up at Texas Capitol
Thursday, 17 February 2011

Fight over HOA power heads to Austin
The debate over how much power should be given to neighborhood homeowners associations is heating up again at the Texas state capitol.  On Tuesday, Houston-area groups, both for and against HOA reform, traveled to Austin to give lawmakers an earful.  It’s part of a national push to regulate HOAs, which critics say have way too much power.

FOX News Special Report: Have HOAs become too powerful?
Thursday, 10 February 2011

Home Owners Association Takes Home Over Legal Fees
The HOA's payment ledger shows Hillary was trying to pay. In fact, by April of last year, her balance was zero. But Hillary fell behind again. 
In September of last year, Hillary got a letter from the Butler/Hailey Law Firm which represents Wildflower Green Homeowners Association. The letter tells Hillary her delinquent payments have caused legal fees to incur. She needs to pay $921 or face foreclosure.

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