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Home Sweet Homestead? Not If You Are Subject To A Mandatory Homeowners' Association!, Bridget M. Fuselier

Bridget M Fuselier

While Texas homestead law has provided a great degree of protection for homeowners in the past, the rising power of the Homeowners' or Property Owners' Association is placing that protection in jeopardy. Over the past 20 years, associations have grown in number and power. Currently homestead property may be foreclosed on in a non-judicial foreclosure process for non-payment of HOA dues despite the fact that is not one of the liens constitutionally permissible to attach to homestead property. This problem must be remedied, especially in light of stories such as that of Captain Clauer who had his $300,000 home foreclosed …