Homeowners Association: Homeowners Association Will Foreclose On Your House If You Don't Pay $267.58: "Adam Chavarria says his unpaid dues were the result of poor communication from the association as to his payment due date.
Chavarria, who bought his home in July 2004, said the association had sent a bill and coupon book in previous years to help in payments, but not last year.
'I didn't have a problem paying,' he said.
Chavarria says his next personalized written communication from the association was a 'formal notice' of default telling him to pay $267.58, including $100 in legal fees, or have his home auctioned off between 1 p.m. and 4 p.m. April 7.
'That was kind of a shock. For a couple hundred dollars, I thought that was a bit much,' Chavarria said."
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Mystery Reader sent this link to another story on the Texas HOA that is foreclosing on 84 homes. It appears that Mr. Chavarria's case doesn't fit the HOAs story of people who just refused to pay.
4 comments:
What a surprise.
i agree thats too much
What is unusual is that the legal fees are usually in the thousands. You know, $10,000 legal fees over an alleged $300 debt. The debts themselves are often generated out of thin air by the "professional" management company.
Other things that are unclear are whether this subdivision is under declarant control or homeowner control and who the management company is.
More news:
The subdivision is under declarant control (the declarant by the way is always exempt from having to pay assessments). The attorney being used by the "association" is judith gray (see graypllc.com)
If you visit her website, you will find that she is legal counsel to RGC Realty, Ltd AND that RGD Realty, Ltd is managing Mission Creek. One might question who her true client is, but perhaps the next statement will answer that.
If you visit the Texas Comptroller of Public Accounts to perform an entity search on RGD Realty, Ltd you will find that the registered agent for RGD Realty, LTd is a "Roger Gray". Wonder if Roger is related to Judith?
search at http://ecpa.cpa.state.tx.us/coa/Index.html
You betcha he is. In fact, it looks like RGD Realty Ltd is actually owned by Judith Gray. Here's the dirt published by the couple themselves on another real estate related website Capital Asset Properties
http://www.caprop.net/AboutRoger.html
Roger is a real estate broker as evidenced by the website. Wonder if we'll see Capital Asset Properties handing these lots after the HOA foreclosure. Keep in mind that the complaint of a number of people is that the management company (represented by Judith Gray and owned by Judith Gray) AND the association (represented by Judith Gray) is wholly unresponsive. Do you really think Judith Gray is representing the HOA or Judith Gray? Has the HOA already sold its "right to collect" to Judith Gray such that the is actually a debt collector and not really representing the HOA as the creditor itself?
This is just one reason why the Fair Debt Collect Practices Act must be made applicable to HOAs in Texas.
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