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Texas lawmakers hear testimony on homeowners associations

by Ron Trevino / 11 News

khou.com

Posted on April 7, 2010 at 5:47 PM

Updated Thursday, Apr 8 at 6:04 AM

HOUSTON -- State lawmakers are looking into the current law pertaining to foreclosures by homeowners associations and met Wednesday on the campus of Texas Southern University for a public hearing on the matter.

In their last session, they got close to passing some changes to that law, but the legislation failed by one vote.

The lawmakers heard from Adriana Camacho, of southeast Houston, who says she's fighting to keep her home from being foreclosed by her homeowners association. She claims it all stems from an overhang her husband built in the back of their house that violated the association rules. The fine for that violation, plus being overdue on her homeowners dues, has all turned into a legal fight that resulted in the threat of foreclosure.

"You know, I’ll work a little harder, but I don't want to lose my house," said Camacho.

Texas is one of the few states in the country that allows homeowners associations to foreclose on houses.

But those who represent the homeowners associations say they need to the right to foreclose. Otherwise, they say there's no way to ensure homeowners pay their dues or follow the rules.  But they also say the groups should not be abusing their power.

"If the homeowners saw that their boards were not doing the will of their people in their homeowners association, and there was a mechanism that those bad players could be removed, we think that would solve a lot of the problems," said Roy Hailey, of the Community Associations Institute.

Lawmakers will most likely take up the issue again in the next session in Austin.

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