I saw a report on Fox about Winnona Blevins and the house that was forclosed on by her homeowners' association. She and her attorneys were in court today trying to get her house back. According to her attornies, Champions HOA set up a $72 per year maintenance fee in 1966. According to their own by-laws, they are not allowed to raise that amount for 30 years. Well, they raised that to $400 in 1980 (only 24 years later) by a vote of their board and no vote of the general membership. Doing the math, it turns out that Champions HOA actually owes Ms. Blevins about $4000!!! Ah, justice is a beautiful thing. ------------------ The internet is about the free exchange and sale of other people's ideas. - Futurama
I heard about this story when I stopped by Houston for a visit a few weeks ago. I couldn't believe those morons would do that to this poor old lady. JUSTICE IS SWEET!!! WOOOOOOOOOOOOOOOOOOO HOOOOOOOOOOOOOOOOOOOOOOO!!! ------------------ "Light travels faster than sound, so some people appear to be bright until you hear them speak." -- Brian Williams (now Bison Dele) commenting on Isiah Thomas.
It appears that the HOA is now willing to get the home back (if they can) in order to give it to Blevens. The stumbling block appears to be the guy who bought the house at auction. I'm not sure there is a remedy under the law that allows for the house to be taken away from the new owner (there may be a legal way, of course. I just don't know how it will all work). Just think how much this will end up costing the HOA in total when all is said and done. The HOA will end up spending tens of thousands of dollars to settle a dispute over less than $1,000 (and was really a dispute over $14 since Blevins did give them a check for $800) that the HOA may not have been entitled to in the first place since they apparently failed to follow their own bylaws. ------------------ Houston Sports Board Film Dallas.com AntiBud.com
It sure as hell is -- that's awesome to hear. I still can't believe the stupid ass (and heartless) idiots sold her home off. I hope they get theirs bigtime. BTW, was this in Champions subdivision near Spring? Also, looks like they upped her cost only 14 years later, meaning they overcharged her for 16 years (I guess they could have legally raised it in 1996). 16 x overcharged amount ($328) = $5248 they owe her. Unreal. ------------------ NOTHING BUT .NET CLUTCHCITY.NET
Two things: 1)1980 is only 14 years after 1966. 2)Doesn't this mean that they owe money to more than Ms. Blevins? Wouldn't they owe money to everyone that lived there from 1980-1996? And another thing, since Ms. Blevins was actually owed money by the HOA doesn't that mean they had no legal right to take her house? Just another example of how doing something stupid comes back around to bite you in the ass. ------------------ "My name is Harold, and I live here all alone" [This message has been edited by Puedlfor (edited June 05, 2001).]
It all depends on whether or not he received the Trustee's deed & if it was recorded at the county clerks office. If Blevins & her lawyer filed the lawsuit in a timely manner, then the guy that bought it will have his money returned to him. If, however, she didn't file before the title was transferred, it's going to get real sticky. Also, if the title had been transferred & he resold the house, then her only option will be to sue the HOA for the value of the house, because no Judge is going to undue the resale of the house. I doubt that the guy that bought the house, ever got a clear title to it though. Either he or Blevins may very well end up sueing the HOA before it's all over. This could very well be a landmark case against the abusive powers of HOA's. ------------------
Not only them, but what about everyone in the subdivision. I'll bet they file bankruptcy before this is all settled. This HOA is screwed. ------------------ [This message has been edited by Hottoddie (edited June 05, 2001).]
Thats what I meant. Everyone who paid this maintenance fee will be owed $328 per year they paid it. And that's not even counting inflation, so it might be even more. This HOA is up **** creek w/o a paddle, and I don't feel sorry for them. ------------------ "My name is Harold, and I live here all alone"
And another thing - did this HOA forclose on another house in a similar manner to Ms. Blevin's? Cause if they forclosed on a house because the occupant owed them money, and it turns out the HOA actually owed the occupant money, thats another big lawsuit waiting to happen. If I were Ms. Blevin's attorney, I would've looked something like that up, as well as contacting all the people the HOA owes money to. As long as you have 'em by the short hairs, you might as well twist. ------------------ "My name is Harold, and I live here all alone" [This message has been edited by Puedlfor (edited June 05, 2001).]
The article in the Chron said that the new owner of the house has already filed suit against the HOA. And Blevins had already filed suit against the HOA trying to get her house back. The Chron article said the HOA offered $50,000 to the new owner, but he turned down that offer. The judge set a September 4th trial date for the case to determine who will get the home, etc. ------------------ Houston Sports Board Film Dallas.com AntiBud.com
Man that sure sounds like an easy class action / joinder suit. $328 x 21 years x however many houses are in that subdivision. Of course, the argument could be that the homeowners consented to the increased rate by paying it yearly even though the by-laws didn't allow it, and statute of limitations may also limit damages for both Blevins and the other homeowners. Plus, the HOA is almost certainly not a deep pocket. Still, they are screwed! ------------------ Bingbong was set up, led to an untimely death in the prime of his life for no other reason than pure malice. Things like that do not go unavenged. Sometimes it spills out onto the field of play.
Has anyone read the novel House of Sand and Fog by Andre Dubus III? Basically the same plot, except Miss Blevins didn't have a cop harass the new people. ------------------ www.swirve.com "Pre-born, you're fine, pre-school, you're f*****."-George Carlin
The problem is that when the homeowners sue the HOA, then they are effectively suing themselves. They will need to raise their association rates in order to pay any judgements. The interesting thing would be to look in the bylaws to see if the officers share in any responsibility. ------------------
In this case, however, it is "what's good for the goose..." ------------------ The internet is about the free exchange and sale of other people's ideas. - Futurama
Rocketman95: I read that, and my was it depressing . Hope the real life situation ends happier... ------------------ A few years back on the Senate floor... Phil Gramm: "If Democrats could, they'd tax the air we breathe." Ted Kennedy (jumping up): "By God, why didn't I think of that sooner!" Boston College - NCAA Hockey National Champions 2001
Does it indicate what he paid for the house? If he paid $50,000 & his lawyer feels that he has a clear title, then I can't blame him for turning it down. I heard on one of the news channels that the house is valued at over $100,000. At this point, he has nothing to lose by holding out. Even if the Judge rules that Blevins gets the house back, then the buyer will get his money back & should have a pretty strong case against the HOA for fraud(selling something that wasn't their's to sell). Since the guy hasn't resold the house, I'd say that it's a pretty safe bet that Blevins gets the house back. The one thing that I question is, why did Blevins move out so quickly? As long as she has possesion of the house, the new owner can't take possesion. The eviction proceedings take a minimum of 6 weeks & can be drug out literally for years. ------------------
The owner paid $5,000. That is FIVE THOUSAND for the house. ------------------ The internet is about the free exchange and sale of other people's ideas. - Futurama
She moved out because the Constables came and forced her out. They also had (In)Security Storage there to take away all her possessions and put them in storage (possibly never to be seen again knowing Security Storage's history). Personally, the $50K offer seems pretty fair to me. He gets what? 1000% (well, 900%) return on his investment. And he doesn't have to worry that he'll end up with only what he paid for the house and can save whatever legal fees he's piling up now. Granted, he can make three times the $50K if he holds on to the house and is able to sell it for market value, but there are times when attempting to maximize profit is not the best way to go. (Of course, I don't know what the law is in this case. From what we've seen reported in the Chron, the guy seems to have a pretty solid claim to the house. It has yet to be proven that the HOA didn't have the authority to foreclose). ------------------ Houston Sports Board Film Dallas.com AntiBud.com
Also, if you saw the story on Fox, when they went back to her house to see what was still there and what had been hauled off, the place was an absolute wreck. Shelves were torn out. Some of her collectibles and nic nac's were broken. Portions of her carpet had been ripped up and there was dirt everywhere. According to neighbors, Ms. Blevins kept and immaculate home. ------------------ The internet is about the free exchange and sale of other people's ideas. - Futurama
The man who paid for the house should just take the $50 grand, thats quite a profit percentage wise. I can't think of a better ending to this story. ------------------
