How Goodwin & Co. Lies About Its Supposed, Legal Authority

Not long ago, we the homeowners in Peachtree Village should have all received a letter from Goodwin & Company, Inc. which had on it's cover page this image to the left, which begins with the stern wording "In accordance with Texas State Law..." Sure sounds very serious, doesn't it? The idea is to give the impression that all which follows is what we had better do OR ELSE get in big trouble with TEXAS STATE LAW!!!

Well, here's the problem--Goodwin and Company has NO AUTHORITY from the State of Texas! They are NOT a state law enforcement agency! All they're really saying is that everything in the following pages is NOT a violation of Texas State Law...of course, that doesn't include using words that, unless read very carefully, make it APPEAR FALSELY as if G&C do have POLICE AUTHORITY when they do not!!!

On the next page of what is typed out using the same format used in a criminal court filing (which is no accident), we read the very INTIMIDATING WORDS, "Enforcement and Fining Policy for Peachtree Village Homeowners Association." Once again, when you see words like "enforcement," what does that make you think? How about LAW ENFORCEMENT! But is all that follows a list of Texas State laws? NO! Are they a list of Local state or county ordinances? NO! Are they even LAWS, as in, the sort of rules that, if you break them, you could end up in front of a judge to be fined or sent to jail? NO! NO! NO!

What you see in the following pages are what the Home Owners Association claims to be their rules, and if not followed, you may be subject to a "violation"!!!

Yeah, "violation," which has that "break the (real) Law (Federal, State, local city or county)" sound to it. However, these "violations" are just what someone thinks is wrong, as in, "violating" a fashion trend!

Of course, they follow this up with what sort of "fines" you'll get if you don't do what you're told, with what is supposed to be YOUR house and YOUR property! So, when you get to page 4, you can see a list of all the "fines" you could be subjected to, up to $500.00!!! Very scary, right, especially considering that most every homeowner in Peachtree Village is not carrying $50 to $500 in their wallets or purses! And true to form, the LANGUAGE used is specifically designed to make it seem like Goodwin and Company is some sort of house decoration police that can give you a ticket, just like a real cop does when he pulls you over for speeding, with the message, "You better do what your told, or you too will have to come up with this money!"

But is this right? Can the HOA really drag you in front of a judge, put a lean or garnish your wages unless you pay? NO!

Please look at the sentence highlighted in yellow. If you don't OBEY the HOA management company, and if you don't pay the "fines" they issue, what can the HOA actually do? Well, they can submit a "Notice of Fine" to the County Clerk's office and have it recorded...after first hiring a lawyer to draw up the document and paying $25 for the first page and $4 for every subsequent page and, then, sure, it gets put in an electronic (now a days) folder...where it will sit for, well, maybe a long time...BUT THAT'S IT!!!

Of course, the HOA could, as could anyone, file a civil lawsuit against you, and hope to convince a judge that you owe them x amount of money in what they call "fines," that is, IF they want to hire an attorney to take you to court. But just so you know, ANYONE can do the same to ANYONE else in this country for just about ANY complaint ANYONE may have...but it doesn't mean a civil judge will rule in their favor and, by the way, when we're talking about fines in the $100s of dollars, anyone attempting such a lawsuit will have to expend $1000s, if not $10 of 1000s just in legal fees alone, not to mention court costs!

So, the first thing we, as sovereign home owners and lessees need to realize is that these BARKS are a LOT louder than Goodwin and Company's BITE, and let's not forget, this company is doing the biding of the current HOA Board!