HOA nastygrams

[Peter]

We don't really do political signs in gardens in the UK.
Being outlandish with a house is not very British unless it's Christmas so we don't tend to have people with odd houses.

It's always seemed like it's just an excuse for people to be nosey and have some power to tell others what they can do which again British people aren't very good at.

 

[CaughtInThe]

Then why bitch about an $800 fine if you're making mad cash on top of it? Just pay the fine, use your extra $100 bills to dry your tears and move on.

I've never been fined.

 

[Roadvirus]

HOAs are crap and should be done away with.

Everytime i hear a HOA horror story, i can't help but think of that X-Files episode "Arcadia"

 

[mike2810]

Send a certified letter to the HOA with your information on when you took possession of the house. Tell them you expect a letter from them retracting the fine. Tell them if they do not they will be taken to small claims court.
If it goes to court I would imagine you would win and the court will toss the case

 

[bongsaway]

i've made major $$$$ by being part of HOAs (sold 4 properties in 4 different neighborhoods over 30+ years). they kept my neighbors from doing this...

What's the problem? Oh I see, the spilled blue paint on the walkway.

 

[Checkerboard Strangler]

Okay folks, hindsight is so very very 2020.
In 2006 when we moved in we were not savvy about HOA's.
Needless to say we learned quickly.
The point is, our house did not exist in 2005, which is when these "offenses" were lodged, apparently.
So my guess is, it would be a matter for the building contractors who built the house.

 

[trixare4kids]

Okay folks, hindsight is so very very 2020.
In 2006 when we moved in we were not savvy about HOA's.
Needless to say we learned quickly.
The point is, our house did not exist in 2005, which is when these "offenses" were lodged, apparently.
So my guess is, it would be a matter for the building contractors who built the house.

What exactly is the named offense? What are they fining you for?
Did you instruct the builder to alter your property, something that wasn't approved by the HOA?

 

[Common Sense 1]

You better get a laywer and do it now!

 

[Port & Starboard]

I belong to a HOA and I am glad that they stay on the property owners who would otherwise have broken down cars out front, and letting their properties look like shit.

 

[Taylor]

I don't think we have HOA in the UK or if we do it's super rare.
Why would you sign up for something that limits what you can do with your own home especially when they set silly rules about gardens and what can and can't be put in front of the house.

They come in all shapes and sizes. I'll gladly give up my right to pave over my front lawn to park a giant RV out there to keep my neighbors from doing the same. On the other hand, some are so strict that you have to get all painting and renovations approved, agree to not park pickup trucks outside the garage, agree not to rent your house out, etc. Always something to consider before buying.

 

[bomberfox]

You guys are gonna love this...
My wife Karen and I just received a notice from a law firm contracting for the City of Dallas Municipal Court.
They are demanding 819 bucks for two $409 offenses committed in 2005..."Failure to maintain premises" from the Remington Ranch Homeowners Association.
Only one minor detail:
Our home wasn't built until 2006...that is when we moved in.
And...we never received any nastygrams from the HOA about this WHILE we lived there 2006-2012.

This letter also advises that Karen and I might BE ARRESTED if we have contact with law enforcement anywhere in Texas if we ignore these fines.
So how did this come about? Did the Remington Ranch Homeowners Association go scrubbing around in their database and suddenly say "Oh look! Here's a couple of delinquent items we never pursued, let's run em through the hopper and squeeze some extra dough?"
Sounds like that's exactly what happened, and then they sent the notices to our old address whereupon the new homeowner looked at it, saw it was addressed to someone they didn't know and threw it in the trash, and then it went to court, unbeknownst to us and a Texas judge ruled on it and it went to collections.
All the while let's not forget: There wasn't even a HOUSE on the "premises" yet in 2005, it was a construction site!
Hmmmmmm....do I hire a lawyer to sue the homeowners association?
What do you think we should do?

Ill take your word for it but yeah probably time to sue. My own HOA was really out of wack.

 

[bomberfox]

I don't think we have HOA in the UK or if we do it's super rare.
Why would you sign up for something that limits what you can do with your own home especially when they set silly rules about gardens and what can and can't be put in front of the house.

Eh could be better than apartments because HOAs give you a say in the rules.

 

[joko104]

It's a scam. An HOA free is not a criminal offense. In theory, the HOA could have sued but that could not produce a warrant.

Call the court and ask.

 

[Mr Person]

You guys are gonna love this...
My wife Karen and I just received a notice from a law firm contracting for the City of Dallas Municipal Court.
They are demanding 819 bucks for two $409 offenses committed in 2005..."Failure to maintain premises" from the Remington Ranch Homeowners Association.
Only one minor detail:
Our home wasn't built until 2006...that is when we moved in.
And...we never received any nastygrams from the HOA about this WHILE we lived there 2006-2012.

This letter also advises that Karen and I might BE ARRESTED if we have contact with law enforcement anywhere in Texas if we ignore these fines.
So how did this come about? Did the Remington Ranch Homeowners Association go scrubbing around in their database and suddenly say "Oh look! Here's a couple of delinquent items we never pursued, let's run em through the hopper and squeeze some extra dough?"
Sounds like that's exactly what happened, and then they sent the notices to our old address whereupon the new homeowner looked at it, saw it was addressed to someone they didn't know and threw it in the trash, and then it went to court, unbeknownst to us and a Texas judge ruled on it and it went to collections.
All the while let's not forget: There wasn't even a HOUSE on the "premises" yet in 2005, it was a construction site!
Hmmmmmm....do I hire a lawyer to sue the homeowners association?
What do you think we should do?

I'm not sure what the suit would be for. Not defamation: they only sent you the letter, not published it. Defamation? It was sent to you, not published, and nothing has happened to you yet because of it. Intentional Infliction of Emotional Distress? Been a while, but I'm pretty sure that first word gives them a powerful out: "oops" or blame the intern.

And what would be your damages if you sued? If there are punitive damages for whatever this is classified as, then those will be set out in statute.



This is a weird one. It sounds like they're lying as a pressure tactic. For one thing, they don't claim there is a warrant out for you, nor can I imagine why there would be - this is a private contract dispute. I can't think of anything legitimate that threat about being arrested relates to. (But if there were a warrant, you'd have to check at the relevant trial court).

You might at the very least call a real estate attorney that offers free consultation, which has got to be virtually all of them. I hesitate to say "call the Dallas PD" because law enforcement lies to often. I've been told some whoppers and have heard others.

That said, it should be relatively easy to find out if there's a warrant out. Apparently there are three types of warrant-like things in TX, and the last one sounds like it might actually line up with what you say here: "Sounds like that's exactly what happened, and then they sent the notices to our old address whereupon the new homeowner looked at it, saw it was addressed to someone they didn't know and threw it in the trash, and then it went to court, unbeknownst to us and a Texas judge ruled on it and it went to collections. All the while let's not forget: There wasn't even a HOUSE on the "premises" yet in 2005, it was a construction site!"

https://www.abernathyroeder.com/arrest-warrants-capias-capias-pro-fine-whats-difference/

(Depending on the circumstance, you might contact the HOA and point out the problem with the notice. But I would only do that if they wouldn't have an opportunity to blame the intern, "update" the demand, and change the date.

Did they actually send you copies of the alleged original "failure to maintain" notices, or do they just claim they exist?

(Note: if they didn't send them, requesting them might provide an opportunity to fabricate them with the correct date))

 

[Mr Person]

@Checkerboard Strangler But yeah, really, talk to a real estate lawyer. Leaving things hanging is generally bad, and I don't know real estate law apart from long-remembered tidbits

 

[Court Jester]

You guys are gonna love this...
My wife Karen and I just received a notice from a law firm contracting for the City of Dallas Municipal Court.
They are demanding 819 bucks for two $409 offenses committed in 2005..."Failure to maintain premises" from the Remington Ranch Homeowners Association.
Only one minor detail:
Our home wasn't built until 2006...that is when we moved in.
And...we never received any nastygrams from the HOA about this WHILE we lived there 2006-2012.

This letter also advises that Karen and I might BE ARRESTED if we have contact with law enforcement anywhere in Texas if we ignore these fines.
So how did this come about? Did the Remington Ranch Homeowners Association go scrubbing around in their database and suddenly say "Oh look! Here's a couple of delinquent items we never pursued, let's run em through the hopper and squeeze some extra dough?"
Sounds like that's exactly what happened, and then they sent the notices to our old address whereupon the new homeowner looked at it, saw it was addressed to someone they didn't know and threw it in the trash, and then it went to court, unbeknownst to us and a Texas judge ruled on it and it went to collections.
All the while let's not forget: There wasn't even a HOUSE on the "premises" yet in 2005, it was a construction site!
Hmmmmmm....do I hire a lawyer to sue the homeowners association?
What do you think we should do?

Since property owner names are generally public record, this message you received wreaks of a scam. The part about "might be arrested if you contact law enforcement" is a bridge too far, you should see that clearly. That type of threat isn't even legal to make, not even in Texas.

My guess is this scam originated in China as the tactic seems similar to most Chinese scams. Call the local law enforcement and report the scam, or call the HOA directly and verify if they sent the letter.

I'm surprised that you jumped to automatically assume it was from the HOA. Rules for HOAs are pretty clearly established, not that they may not turn over unpaid fines to collection agencies--- who you never know what kind stupid shit a collection agency may say to scare people. But a HOA usually just attaches a lien to properties with unpaid fines, and if you are no longer the homeowner, why would they be contacting you in the first place? When you sell a house there is title search for any fines or taxes owned, and after it sells the new owners are either responsible, or the Title Insurance Company who they may have a policy with.

 

[Checkerboard Strangler]

Since property owner names are generally public record, this message you received wreaks of a scam. The part about "might be arrested if you contact law enforcement" is a bridge too far, you should see that clearly. That type of threat isn't even legal to make, not even in Texas.

My guess is this scam originated in China as the tactic seems similar to most Chinese scams. Call the local law enforcement and report the scam, or call the HOA directly and verify if they sent the letter.

I'm surprised that you jumped to automatically assume it was from the HOA. Rules for HOAs are pretty clearly established, not that they may not turn over unpaid fines to collection agencies--- who you never know what kind stupid shit a collection agency may say to scare people. But a HOA usually just attaches a lien to properties with unpaid fines, and if you are no longer the homeowner, why would they be contacting you in the first place? When you sell a house there is title search for any fines or taxes owned, and after it sells the new owners are either responsible, or the Title Insurance Company who they may have a policy with.

The law firm is actually a well known national firm which contracts WITH the City of Dallas.
It's Linebarger, Goggan, Blair and Sampson LLC, and they're a legit firm.
I think that the DEBT itself is not legit, but the law firm is, and I know of them from the past because they also do collections on speeding tickets as well.
So, this isn't a Chinese scam, it's just what it shaping up to be some kind of a zombie debt.

I didn't "jump to conclude" anything. We lived IN Mansfield, IN the Remington Ranch neighborhood, IN 2006 to 2012.
We were the first owners of the home and it was still under construction in 2005.

 

[Allan]

This letter also advises that Karen and I might BE ARRESTED if we have contact with law enforcement anywhere in Texas if we ignore these fines.

It seems strange that you could be arrested for a private debt. Reminds me of debtor's prisons in Victorian England.

 

[Demon]

Since property owner names are generally public record, this message you received wreaks of a scam. The part about "might be arrested if you contact law enforcement" is a bridge too far, you should see that clearly. That type of threat isn't even legal to make, not even in Texas.

My guess is this scam originated in China as the tactic seems similar to most Chinese scams. Call the local law enforcement and report the scam, or call the HOA directly and verify if they sent the letter.

I'm surprised that you jumped to automatically assume it was from the HOA. Rules for HOAs are pretty clearly established, not that they may not turn over unpaid fines to collection agencies--- who you never know what kind stupid shit a collection agency may say to scare people. But a HOA usually just attaches a lien to properties with unpaid fines, and if you are no longer the homeowner, why would they be contacting you in the first place? When you sell a house there is title search for any fines or taxes owned, and after it sells the new owners are either responsible, or the Title Insurance Company who they may have a policy with.

Well, regarding this:

"This letter also advises that Karen and I might BE ARRESTED if we have contact with law enforcement anywhere in Texas if we ignore these fines."

I think they meant if they were stopped by cops they could be arrested, not if they contacted law enforcement themselves about this matter.

But I still probably wouldn't do anything. This was from 16 years ago.

 

[Lutherf]

You guys are gonna love this...
My wife Karen and I just received a notice from a law firm contracting for the City of Dallas Municipal Court.
They are demanding 819 bucks for two $409 offenses committed in 2005..."Failure to maintain premises" from the Remington Ranch Homeowners Association.
Only one minor detail:
Our home wasn't built until 2006...that is when we moved in.
And...we never received any nastygrams from the HOA about this WHILE we lived there 2006-2012.

This letter also advises that Karen and I might BE ARRESTED if we have contact with law enforcement anywhere in Texas if we ignore these fines.
So how did this come about? Did the Remington Ranch Homeowners Association go scrubbing around in their database and suddenly say "Oh look! Here's a couple of delinquent items we never pursued, let's run em through the hopper and squeeze some extra dough?"
Sounds like that's exactly what happened, and then they sent the notices to our old address whereupon the new homeowner looked at it, saw it was addressed to someone they didn't know and threw it in the trash, and then it went to court, unbeknownst to us and a Texas judge ruled on it and it went to collections.
All the while let's not forget: There wasn't even a HOUSE on the "premises" yet in 2005, it was a construction site!
Hmmmmmm....do I hire a lawyer to sue the homeowners association?
What do you think we should do?

If I can be responsible for supporting slavery even though I wasn't born until roughly 100 years after it was abolished then you damned well can be responsible for not having the right paint scheme on your house a year before it was built!

 

[Mr Person]

If I can be responsible for supporting slavery even though I wasn't born until roughly 100 years after it was abolished then you damned well can be responsible for not having the right paint scheme on your house a year before it was built!

You really had to try to make his thread about your agenda, huh?

 

[Roadvirus]

i've made major $$$$ by being part of HOAs (sold 4 properties in 4 different neighborhoods over 30+ years). they kept my neighbors from doing this...

Did Pee Wee Herman or Bozo the clown do the paint scheme?

 

[Checkerboard Strangler]

If I can be responsible for supporting slavery even though I wasn't born until roughly 100 years after it was abolished then you damned well can be responsible for not having the right paint scheme on your house a year before it was built!

Hmmmmm...was this the part where I'm supposed to zOMG teh colurred peepul libtards is attacking me agin?

 

[Checkerboard Strangler]

It seems strange that you could be arrested for a private debt. Reminds me of debtor's prisons in Victorian England.

Yeah, I have to call bullshit on that, plus I think a sixteen year old debt like that could be considered well into zombie territory, best if ignored.

 

[Allan]

Interesting article from the AARP on the measures HOAs take to collect debts and the costs that can be incurred. HOAs farm out the collection to law firms who add their fee to the debt. Costs can get pretty high.