McKinney HOA files liens on 80 homes

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by By STEVE STOLER / WFAA-TV

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Posted on August 15, 2009 at 4:43 PM

Updated Friday, Oct 16 at 11:44 AM

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Steve Stoler reports

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MCKINNEY - A McKinney homeowners association is trying to force its members to pay their dues by filing liens against the homes falling behind payments.

The dozens of liens placed on homes within the Eldorado Heights II neighborhood has pitted people on two sides of the debate - those who think it's right and those who think the HOA has gone too far.

Debbie Schimek is one of the many homeowners who had a lien placed on her house. She owes the HOA more than $5,000 in fines and fees.

"I think in this subdivision what is happening is not right," she said.

Since January, the Eldorado Heights II HOA filed liens against 80 homeowners who haven't paid. According to the county clerk, hundreds of similar cases were filed over the last five years.

"I think the initial concept of a homeowners association - take care of the pool, take care of the flowers and things like that - is a good concept, initially," Schimek said. "But, that's not what's happening up here."

Dan Kiser's company laid him off. The homeowers association allowed him to pay his dues in several payments. He is one of 50 homeowners on a payment plan.

"We're not talking about an exorbitant amount of money," he said. "You know, it's $270 for the year. It's not like it's a $1,600 bill you're paying."

Eldorado Heights II HOA President Lee Davison said the high amount of people who haven't paid their dues is very frustrating for the HOA board.

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Homeowners in the Eldorado Heights II neighborhood in McKinney are in a battle with their HOA.

"We have gone above and beyond to work with our neighbors who have not lived up to their obligations," he said in a statement.

Kiser said he believes there is no excuse for those who haven't worked with the board.

"The board is willing to work with the neighborhood," he said. "They're neighbors like us."

The president said the association doesn't want homes; they just want homeowners to pay their dues.

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