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Owner uses HOA amenities and facilities, but won't pay dues.

Posted on Thu, Nov 04, 2010 @ 08:16 AM

I'm on the board of a small HOA in Texas. We have this individual who funded several mortgages here (not all) you see like most of us have regular home loans/mortgages through our banks. With the economy tough some people got behind on their mortgage payments to this person (to top it off the ones I know say they pay hefty interest like 12% and make big house payments to this guy). Long story short he told borrowers to either pay up or move, so a few took him up on his offer.

Now, when he originally sold them their condos, he did put the deeds in their names, so he has to go through the foreclosure process in order to sell the units. My complaint is he is going in the units right after they vacate, without the title being in his name, making renovations, pulling up carpet, trash and filling up our dumpsters, then he lists them for sale and selling them often closing a day or two after the deed is put back in his name. He REFUSES to pay HOA dues in the meantime because the unit is not in his name. Yet he feels free to use our dumpsters and take up spaces in our parking lot with his various workmen ie; painters etc. How can he have it both ways? Something seems wrong here. Anyone have any suggestions?



I suggest you call the state attorney's office right away. He's a loan shark ! Seriously and find out if you have a condo ombudsman or HOA ombudsman in the state of Texas. Call the police too when you see him in there, if he cant prove the titles and deeds are in his name they'll arrest him for trespassing. Get on it right away!

posted @ Thursday, November 04, 2010 8:38 AM by Katerina

download the Texas Property act sec 82. You'll find your answers in this law.

posted @ Thursday, November 04, 2010 10:23 AM by Charles Adler

There may not be anything you can do about it if he isn't breaking any laws. And, he's right, as long as his name is not on the title, he cannot be made to pay HOA assessments.  
BTW, with regard to calling the police saying he's trespassing; if he has a right to be on the property, even if he doesn't own it, then he isn't trespassing. I would be very careful about accusing him of being a loan shark or anything else.  
Perhaps you could look at his actions this way. By making the renovations immediately, once title is in his name he is able to sell the units right away meaning the HOA can start collecting assessments sooner. If he had to wait to make the renovations until after he takes title it would be that much longer b/4 the unit sells and the HOA starts collecting assessments.

posted @ Thursday, November 04, 2010 10:52 AM by mary

My only comment is on the "commercial use" of the facilities. Most HOAs will allow for "non commercial" use of their dumpsters, etc. but it sounds a bit like he is orchestrating commercial renovations, which should not be alolowed to unduly burden the HOA facilities. Licensed contractors in theory should haul their refuse away as they are not typically "authorized" to use the community dumpsters. Best you could hope for is they agree to haul the stuff away. It sounds clear that your private lender knows his rights and has no reservations also pushing the envelope a little. I think you are fortunate he is proactive in renovating the units and reselling them, as that should get the dues flowing sooner. Many forclosed properties these days languish in an unsellable condition which helps no one.  

posted @ Thursday, November 04, 2010 1:59 PM by John D.

place a lien on all properties that 
are not paying dues. 
If he is not a homeowner and he is  
working unauthorized on private property.......HE'S TRESSPASSING!!  

posted @ Thursday, November 04, 2010 2:29 PM by BOB

I am Mr Daniel White,I am sorry to just sent you an email without your 
notification..I am just a busenessman.I offer loan to those that need loan 
and willing to pay me back..If you want a loan do email me but if you know 
you have any friend willing to get a loan do tell him to contact me.I mean 
Copy my email don't Click Reply to okay. Via... Email: 
Full Name:............ 
Contact Address:............ 
Loan Duration:............. 
Monthly income............ 
Amount Needed as Loan:.......... 
Have you applied before?........... 
All you need to do is copy my address and reply me with it 
Mr Daniel White 
Loan Processing Officer 

posted @ Saturday, November 27, 2010 4:06 AM by Mr Daniel White

I live in a condo of 28 units, there is one guy who whas the original builder and he owns 13 units. The problem is he refuses to pay his condo dues unless we play by his rules. We do vote on items but even if the majority approves, by him holding a significan amount of dues from us, we have only the bare minimum to pay our normal monthly/yearly bills (i.e., insurance, grounds maintanence, parking lot electricity, refuse). We have gone to a lawyer in the past with no success as we don't have the money to pay a lawyer without negleting payment on our regular bills. We are in a tight bind and since I have been at the condo there have been three presidents, each one gets frustrated and steps down. He basically has us in a choke-hold and we don't know what to do.

posted @ Thursday, July 28, 2011 8:31 AM by Celena

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