HomeLatest NewsFeatured HomebuildersHome Buyer ResourcesBinding ArbitrationResource LinksSubmit ComplaintsView ComplaintsTake Action 101!Report Mortgage FraudMortgage Fraud NewsForeclosure NewsConstruction DefectsHome DefectsPhoto GalleryFoundation ProblemsHomeowner Website LinksHOA Reform
Main Menu
Home
Latest News
Featured Homebuilders
Home Buyer Resources
Binding Arbitration
Resource Links
Submit Complaints
View Complaints
Take Action 101!
Report Mortgage Fraud
Mortgage Fraud News
Foreclosure News
Construction Defects
Home Defects
Photo Gallery
Foundation Problems
Homeowner Website Links
HOA Reform
Featured Topics
Builder Death Spiral
Report Mortgage Fraud
Foreclosure Special Report
Mold & New Home Guide
Special News Reports
Centex & Habitability
How Fast Can They Build Them?
TRCC Editorial
Texas TRCC Scandal
Texas Watch - Tell Lawmakers
TRCC Recommendations
Sandra Bullock
People's Lawyer
Prevent Nightmare Homes
Choice Homes
Smart Money
Weekly Update Message
News
Latest News
HOBB News
Editorials
New Jersey
New Jersey & Texas
Write Letters to the Editors
TRCC in the News
Texas TRCC Scandal
Survey
Fair Use Notice
HOBB Archives
About HOBB
Contact Us
Fair Use Notice
Legislative Work
Your House

 HOBB News Alerts
and Updates

Click Here to Subscribe

Support HOBB - Become a Sustaining Member
Who's Online
We have 8 guests online
ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration
The Quorum Report: Senator West - may be best possible in this political environment
Tuesday, 26 January 2016

HOA REFORMERS SAY WEST'S BILL STILL NEEDS TWEAKING
The latest iteration of what has become a perennial effort to reform homeowners’ associations (HOAs) has hit a bit of a speed bump – the would-be reformers themselves... “If it passes the way it is, it’s not good for us,” said Janet Ahmad of the Texas HOA Reform Coalition. “It legitimizes a private government. We don’t need another government in our lives. It’s a funded mandate.” See March 23, 2011 hearing on SB142 Part II

HOA REFORMERS SAY WEST'S BILL STILL NEEDS TWEAKING
West has said bill may be best possible in this political environment

The latest iteration of what has become a perennial effort to reform homeowners’ associations (HOAs) has hit a bit of a speed bump – the would-be reformers themselves.

             

A key stakeholder group is withholding support for 
CSSB 142 in hopes that an amended version now in the works will be more to their liking. The omnibus bill by Sen. Royce West (D-Dallas) addresses most of their issues but, in their view, does not go far enough.

“If it passes the way it is, it’s not good for us,” said Janet Ahmad of the Texas HOA Reform Coalition. “It legitimizes a private government. We don’t need another government in our lives. It’s a funded mandate.”

HOAs are semi-autonomous entities that charge dues to pay for facilities and maintenance and various fees to enforce deed and covenant restrictions and rules designed to preserve the integrity of subdivisions. Some HOAs are alleged to be dominated by overreaching developers and builders and overzealous property owners whose boards cede authority to management companies and delegate fee and fine collection to attorneys on a contingency basis. 

The reformers accuse them of improperly profiting by pyramiding fees and using their unique power of foreclosure to pressure homeowners into payment with little or no due process. HOA and builder representatives counter that  HOAs reduce infrastructure costs for cities and counties and protect property values. They say that most HOAs are well run, claiming that abuses seldom occur in HOAs where developers and builders are involved.  

Senate Intergovernmental Relations, which West chairs, kicked out his substitute Wednesday. He termed it the best bill possible in the current political climate. 

Among other things, SB 142 would do away with non-judicial foreclosure; diminish the foreclosure threat by prioritizing payments owed such that dues are paid off first; require HOAs to offer payment plans; make records available on request; provide notice of meetings; void provisions that disqualify homeowners from voting or running for HOA boards; and lower the requisite majority to amend HOA constitutions. 

“This will be the session we pass HOA reform,” West vowed at the hearing. He urged the parties not to publicly support it and then work behind closed doors to kill it. 

Coalition members fear that they are not getting adequate protection, however, and that the bill’s language appears to give something and then takes it away. They said they had a “wonderful” meeting Friday with members of West’s staff, who went over their concerns about the 39-page bill line by line.

Among them are two exceptions to the proposed priority of payments schedule. One would be invoked if a homeowner wrote instructions for applying a payment, which the reformers contend could be as innocuous as the memo line on a check. The other would nullify the priorities if a homeowner were in arrears on a payment plan. 

The coalition also wants to remove an exception that void notice requirements for foreclosures or temporary legal actions. 

Bill Davis, a litigant who lives in the La Ventana subdivision in Driftwood, said Thursday evening that he’s been fielding numerous calls from residents of various HOAs who are displeased with the bill. HOA and builder reps indicated Wednesday that they’re not entirely happy with the current product either, but they can live with it. 

“We all have bruises,” testified Susan Wright of the Texas Association of Builders. “That’s probably a sign of a bill that’s fair.” 

Nevertheless, coalition members said Friday that they have been told to expect a fight when the bill gets to the Senate floor, possibly next week. 

By Patrick Graves

 

 

 

 

 

 

 
< Prev   Next >
Search HOBB.org

Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
Economic Armageddon


Amazon
Barnes & Noble

 Feature
Rise and Fall of Predatory Lending and Housing

NY Times: Building Flawed American Dreams 
Read CATO Institute: 
HUD Scandals

Listen to NPR:
Reckless Endangerman
by
Gretchen Morgenson : How 'Reckless' Greed Contributed
to Financial Crisis - Fannie Mae

NPR Special Report
Part I Listen Now
Perry Home - No Warranty 
Part II Listen Now
Texas Favors Builders

Washington Post
The housing bubble, in four chapters
BusinessWeek Special Reports
Bonfire of the Builders
Homebuilders helped fuel the housing crisis
Housing: That Sinking Feeling

Texas Regulates Homebuyers
 
Texas Comptroller Condemns TRCC Builder Protection Agency
TRCC is the punishment phase of homeownership in Texas

HOBB Update Messages

Consumer Affairs Builder Complaints

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation
Knowledge and Financial Responsibility are still Optional for Texas Home Builders

OUTSTANDING FOX4 REPORT
TRCC from Bad to Worse
Case of the Crooked House

TRCC AN ARRESTING EXPERIENCE
The Pat and Bob Egert Building & TRCC Experience 

Builders Looking for Federal Handouts

Build it right the first time
An interview with Janet Ahmad

Bad Binding Arbitration Experience?
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or call 1-210-402-6800

Drum Major Institute
for Public Policy

Tort Deform
Report Your Arbitration Experience

Homebuilding Texas Style
And the walls came
tumblin' down

 Texas Homebuilder
Bob Perry Political Contributions

  The Agency Bob Perry Built
 TRCC Connection News
Tort Reform

NPR Interview - Perry's
Political influence movement.
Click to listen 

REWARD
MOST WANTED

ARIZONA REGISTRAR OF CONTRACTORS
Have you seen any of these individuals

 Feature: Mother Jones Magazine
Are you Next?
People Magazine - Jordan Fogal fights back
Because of construction defects Jordanís Tremont Home is uninhabitable
http://www.tremonthomehorrors.com/
You could be the next victim
Interview with Award Winning Author Jordan Fogal

Special Money Report
Big Money and Shoddy Construction:Texas Home Buyers Left Out in the Cold
Read More
Read Report: Big Money…
Home Builder Money Source of Influence

Letters to the Editor
Write your letters to the Editor

Homeowner Websites

top of page

© 2017 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.