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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default HOA Impingement of Civil Rights

    My question involves real estate located in the State of: Texas

    Recently my house passed final city inspection in houston. We had been accruing fines from the HOA because the house had taken longer than originally thought. Now, when I thought all this crap was over they are telling me to take care of random aesthetic stuff that frankly could be construed as part of the design. I have a large stained glass window with a crack that I am being told to replace. Can't I say that the crack is part of the design. Also, shouldn't the city inspection be sufficient to deem the house complete? Otherwise, it seems they could indefinitely come up with reasons and excuses as to why I should have to pay another month's fine (which btw is cruel and unusual at $2,000). Moreover, they are telling me to take curtains out of one of my windows and replace them with blinds. I find this ridiculous. there should be no rule that allows them to be that intrusive.

    Also, how do constitutional rights and general civil rights balance with HOA bylaws? That is, I surely can't sign away all my rights by opting to live in a HOA. So, could I hang a big "F*** you HOA" sign IN a window under freedom of speech? Please help. I want to take these SOBs to court and sue their pants off.

    Thanks

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,405

    Default Re: HOA Impingement of Civil Rights

    Quote Quoting mmdwhd
    View Post
    My question involves real estate located in the State of: Texas

    Recently my house passed final city inspection in houston. We had been accruing fines from the HOA because the house had taken longer than originally thought. Now, when I thought all this crap was over they are telling me to take care of random aesthetic stuff that frankly could be construed as part of the design. I have a large stained glass window with a crack that I am being told to replace. Can't I say that the crack is part of the design. Also, shouldn't the city inspection be sufficient to deem the house complete? Otherwise, it seems they could indefinitely come up with reasons and excuses as to why I should have to pay another month's fine (which btw is cruel and unusual at $2,000). Moreover, they are telling me to take curtains out of one of my windows and replace them with blinds. I find this ridiculous. there should be no rule that allows them to be that intrusive.

    Also, how do constitutional rights and general civil rights balance with HOA bylaws? That is, I surely can't sign away all my rights by opting to live in a HOA. So, could I hang a big "F*** you HOA" sign IN a window under freedom of speech? Please help. I want to take these SOBs to court and sue their pants off.

    Thanks
    I do agree with you about HOA's, I have a few choice words I could use myself. However, when we purchase in a HOA community we agree to abide by the rules.

    The HOA guidelines for building and or design are seperate from the local building departments codes. You actually have to conform to BOTH of them.

    A friend of mine who is in real estate always told me when I complained about the HOA, "Hey, you agreed to abide by the rules when you purchased a property which was covered by that HOA" The time to read that big book of rules and requlations was before we purchase.

    We all do most of the same thing, we never really read it fully. Then when things come back to haunt us we take it out on the HOA instead of ourselves for not reading the book before we purchased.

    Welcome to the club so to say

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