March 2010

We are headed into spring and have several events planned or in the works. In addition, there is a serious challenge being directed at our HOAs which, if successful, may do more to destroy the investment you have in your home than an army of termites.

First, the one event that is far enough along to talk about. The Greater Mission Bend Area Council began three years ago with a community meeting held at the Community Volunteer Fire Department on Bellaire. It was a typically warm summer evening in June and the bay of the fire station was full of citizens eager to get an update on security issues in the neighborhood. Speakers included Fort Bend County Judge Bob Hebert and numerous officials from local police departments, including the Harris County Sheriff’s Department, Fort Bend County Sheriff’s Department and area constables. Neither of our local school districts chose to send representatives from their respective police agencies.  Since much of the gang activity in our area comes from students in Alief and Fort Bend ISDs, that would have been very helpful to our cause.   It was an interesting and informative meeting and, as noted above, was actually the beginning of what has gone on to become the Greater Mission Bend Area Council.

Well, as they say, the time has come to do it again. Plans are as yet incomplete, but some time this summer, we will again hold a community meeting at the fire station to provide an update on security matters in the Greater Mission Bend Area. Stay tuned, and pass the word on to your friends and neighbors.

HOAs Under Attack

On another front, we must talk about a challenge facing our homeowners associations. We all know that disasters such as fire, wind, water, or even termites can destroy our homes. That is why we have homeowners insurance and pay for a fire department – to protect our biggest investment from such unpleasant events. But, there may be a challenge we as homeowners are facing, which has the potential to be just as devastating to our homes and our communities.

In the last legislative session, over 100 bills were introduced to weaken or destroy the ability of your homeowner’s association to protect your community, and in doing so, protect your home. Now I understand that no one likes paying your HOA assessment each year. I know I don’t like to write that check, but I do so willingly because the alternative is too scary to fathom. Let’s remind ourselves what an HOA does to earn the money we pay each year. And let’s begin by remembering that the HOA isn’t “them”. The HOA is “us.” We are the HOA. We contract with the HOA to provide services which benefit our community such as maintenance of common areas, pool maintenance and upkeep and the operation of many of the street lights in our various neighborhoods. In addition, the HOAs are charged with the responsibility of enforcing deed restrictions, which keep our neighborhoods from sliding into the ghetto.

If that last statement offends anyone, then ask yourself what would happen to your neighborhood if your neighbors could do anything they choose with their house. Anything! Would you like to have your neighbor’s house turned into an auto repair shop? We have just such a problem with a house on Winkleman right now. I won’t give an address but for over a year, one HOA has been working with a local resident who operates an auto repair shop in his driveway each weekend. For the moment, the HOA has prevailed and this activity has stopped. But what would happen if the HOA had not stepped in to address this problem on behalf of all the homeowers in the community? Would you want this happening on your street? There are many such activities which the HOAs address regularly. If the volunteers on your HOA board did not dedicate their time and energy to this thankless task, what do you imagine the outcome would be to our community.

Space does not allow me to list all the many challenges these HOA boards face routinely. Suffice it to say they are our last defense against the process of urban decay, which stands just outside the boundary to our community. In order to function, the HOA necessarily assesses a fee, which is collected annually. If a homeowner does not pay this assessment, then the HOA begins a process of attempting to collect the money owed. For the most part, this is not a heavy-handed process. From my experience, the HOAs bend over backwards to work with property owners who might be facing a financial hardship and are not able to write a check for the money owed. It is only after extended efforts to collect this money are unsuccessful that the HOA reluctantly turns to the legal process and files a lawsuit.

No one wants to file a lawsuit against a neighbor. Remember the board members are our neighbors who volunteer their time and serve without compensation. So when the decision is made to file a lawsuit to attempt to collect the money owed the HOA, it is a serious decision and a responsibility the board members do not take lightly. In essence, it becomes neighbors suing neighbors, and no one enjoys that process.

Once a lawsuit has begun, the HOA will file a lien against the property in question. This lien protects the interests of the HOA, and ultimately your interest as a homeowner. If matters are not resolved then eventually this process can end up in a foreclosure proceeding in which the property is sold to settle the debt. This is an extreme outcome and happens very rarely; but it is an essential part of the process to ensure that the fees which allow the HOA to operate are collected.

This is exactly the same process used by other taxing districts such as school districts and counties. There are legal safeguards built into the process to protect homeowners against abuse by an HOA (or a school district). In the end, it is the power to foreclose on a property which protects the interests of the community and ensures that your property values do not become victim to the destructive processes of urban decay. We did not move into this community to end up living in a ghetto; and it is the HOA which protects our interests as homeowners.

Thank goodness the process exists and is available to the HOAs by virtue of state law. Remember, we do not have any kind of zoning in the counties wherein our community lies.  Were it not for this power, imagine what would happen to your neighborhood.

Enter the State Legislature

Do not take that power for granted because it is under assault in the Texas Legislature. During the last legislative session, as noted above, over 100 bills were introduced to remove or severely restrict the power of HOAs to protect your investment in your home. If the power of the HOA to levy and collect assessments is taken away by the legislature then it will only be a matter of time before Mission Bend and surrounding communities decline to the point where few of us would want to live in this community.

PLEASE NOTE, this legislative onslaught is not only directed at Mission Bend. It is directed at HOAs around the state. Where will you move, assuming you can sell your property once this all begins?  And make no mistake about it, if this legislative agenda starts up in the next legislature, it will very likely succeed on the next try. Forewarned is forearmed, indeed.

Our local legislator, The Honorable Hubert Vo introduced a bill in the last legislative session which would have the effect of prohibiting your HOA from foreclosing on properties when owners do not pay their HOA assessment. We were shocked to find out about this initially.  It is unthinkable that Mr. Vo, who has stood shoulder to shoulder with us as we stared down TxDOT, would introduce a bill which could destroy the very fabric of our community.  Our shock turned to incredulity when we saw the tidal wave of legislation proposed by Mr. Vo’s pals in the Texas House.

For his part, Mr. Vo has not responded to requests to address our community’s concerns. You might say we have been stonewalled. We remain eager to discuss this matter with Mr. Vo, but to do so he must respond to our requests for a meeting. We have no interest in talking to Mr. Vo through his legislative assistants.  Mr. Vo has not responded to us as of the date of this publication.

There is so very much more which we need to say about this matter. We will do so in subsequent postings and newsletters. You will be shocked to find out just how this is already playing out in our local courts, where judges are already refusing to hear suits filed by local HOAs attempting to collect money owed. As they say, stay tuned and we will have more information for you shortly. And hopefully by then we will have heard from Mr. Vo. It is much better to get information first hand than to have it relayed by staff members. Again, stay tuned.

Mike Martin, President                                                                                                                Greater Mission Bend Area Council