TEXAS Family COUNCIL: San Antonio Homeowner Loses Home to HOA for Exorbitant Attorney Fees

February 10, 2015

Updated: Tuesday, February 10 2015, 08:21 AM CST SAN ANTONIO — Richard Miller says he served in the United States Navy for 14 years, before being honorably discharged in 2011. Miller says, in 2011, he was serving in Japan as part of the U.S Navy’s assistance as the country recovered from an earthquake. Miller tells News 4 San Antonio during the time he was serving overseas, his Monte Viejo Community Association was in the process of foreclosing on his Southeast Side home.  Miller says he owed outstanding dues of $45 dollars a month over a period of several years. “I never received any notices saying that I’m late; I never received anything saying I’m a year late. I just got something back in 2011, like 8 years later, saying you’re behind,” said Miller.Miller says things got out of control when the HOA tacked on interest from the HOA dues and attorney’s fees. “Now attorney fees are $15,000 dollars.” Unable to pay the thousands of dollars in attorney’s fees, Miller said he moved out of his home on January 7th. “The home was built for my family. We’re the only tenants that have ever been in it,” said Miller. Miller said he and his family had been living in the Southeast side home for 14 years. The Monte Viejo Community Association sent a statement to News 4 San Antonio saying in part: “Monte Viejo Community Association takes the rights of our service members very seriously and makes every effort to ensure SCRA compliance before taking any legal action in matters like these. In this case, the Association searched 3 different times in 2011, 2012 and 2014 to ensure Mr. Miller was not active duty.  Read more: