Homeowner Wins Court Battle With HOA
Resident Sued By HOA Over $390
Brian Mylar, KSAT 12 News Reporter
A San Antonio homeowner said he has won a rare victory with his homeowner's association and its attorney.
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What started as a fight over a few hundred dollars escalated into a courtroom showdown, Ken Hern said.
Hidden Forest off of Bitters Road looks quiet, but for more than three years, it's been the center of a legal battle over the rights of homeowners associations.
"They were suing to foreclose on my home over $390," said Hern.
Hern said he was late on his association dues but objected to the added fees and decided to fight. Over the years, he said the attorney's fees kept adding up.
"They were asking for a little over $25,000 in fees," he said.
But a jury ruled in his favor, agreeing he should pay his HOA $900 and that the HOA attorney should get $700. The jury decided that the HOA engaged in unreasonable collection practices.
HOAs shouldn't be able to foreclose on and sell at public auction a property for just a few hundred dollars in assessments," said Peter Kilpatrick, Hern's attorney. "They just can't be run over with overly aggressive collection tactics."
Kilpatrick said this should send a clear message that HOAs and their attorneys can't simply keep piling on the fees.
"They should not assert fees on top of fees on top of late fees on top of interest fees on top of statement fees and other mystery fees," he said.
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