Texas Homeowners Association Legal Questions

In texas the hoa runs with the land, meaning its attached to the home. But this is directed by the hoa declaration that establishes the hoa itself. If you inherited the home, keep in mind it is subject to the debts attached on the home If the amount is to large to pay back or pay back on the terms of the hoa, you may also want to consider a chp13 bankruptcy to spread the amount owed to 3-5 yr. Also you could get rid of any other debts you may have depending on your income. Consult a local bankruptcy attorney to further assist you... Read More

Short answer is yes. If they have provided you a payment plan and you default, they now can proceed to file a lawsuit to foreclose on your home for that incidental amount. The biggest cost will be that once the HOA hires an attorney the HOA atty will probably tag on 2-3 thousand dollars that will now require you to pay that amount when you only originally owed 10 dollars The best way to proceed is to contsct the HOA and see what the fees were for specifically and go forward from there. You do not want to ignore the sitution because it will only get worst when dealing with the HOA.   Hope this helps and if you have any specific questions or need clarification please let me know    Min Kim (Peter), Attorney   ... Read More

Good afternoon If the HOA has filed a lawsuit for unpaid HOA dues to foreclose on your home, they can do so with or without an attorney. Keep in mind it' similar to if you were to file a lawsuit, you can do so with or without an attorney If you are currently facing a HOA lawsuit for unpaid dues, you may want to either get in contact with the HOA and resolve the issue or even proceed to file a chp13 bankruptcy to give you essentially 60 months to pay off the HOA dues Contact an attorney in your area who is familiar with HOA and bankruptcy law like my firm which offers a free consultation  Hope this helps. If you have any questions or need clarification please feel free to contact me  Min Kim (Peter), Attorney... Read More

Good afternoon Short answer is yes. However under the Texas property code their is a certain time period to "redeem" the property. Typically depending on who purchased the home in the HOA foreclosure different standards apply. If it was the HOA, then the cost to buy back your property maybe alot higher then what the home was forelosed for use to certain fees being allowed to be charged. The same is generally the same for 3rd party purchaser, but is more exclusive as which fees are allowed. Nonetheless, contact the buyer and set up a payment plan asap during your redemption period. If you need an attorney here in Houston, tx please feel free to contact me for further assistance  Min Kim (Peter), Atttorney Phone 713 259 3929  ... Read More