Clements' great transgression is that his business of choice — his method of earning a living in these lean times — is to sell firearms to hunters and law enforcement. It's a perfectly legal business. He has the right permits from the federal government. He has broken no state or federal laws and his business is protected by both the Second and Fourth Amendments to the Constitution. But none of that seems to protect him from the Falcon Point HOA which has passed a rule specifically prohibiting residents from buying and selling firearms in the neighborhood, a rule written specifically to target just one homehowner, Andrew Clements.
Clements' case is a classic example of a tyrannical majority persecuting a minority for actions which they find unacceptable, but which are by no definition criminal. Sadly it's not the only example of a HOA abusing its power and violating a resident's rights. Even more disturbing is the case of Captain Michael Clauer who returned from deployment in Iraq to find that his paid-off $300,000 home had been foreclosed on and sold at auction for $3500 by the company hired to manage his neighborhood by his Homeowners Association.
While Captain Clauer was in Iraq his wife Mae became depressed and didn't pay attention to responsibilities like opening mail and paying bills. She never saw notices from the HOA about outstanding fees or the lien on the property and ultimately the foreclosure which they lead to. Ultimately the $300,000 home, which was a gift from her parents, was foreclosed on and sold for barely a 100th of its value to cover $800 in fees and fines. This despite the protections of the Constitution, Texas law, and the Servicemembers Civil Relief Act which is supposed to protect the jobs and property of soldiers on deployment.
The Clauers' situation would be grossly unfair under the normal circumstances, which apply to hundreds of HOA foreclosures in the state every year, but it is doubly outrageous when the victim is a soldier who was fighting for his country during the proceedings.
Ironically, Texas is known for having one of the strongest Homestead laws in the country, as well as new laws making eminent domain seizures by government more difficult. But none of this blocks property foreclosure by a Homeowners Association under a 1987 court ruling which declared that no matter how small the amount owed and despite all protections under state and federal law, including the Constitution, HOA's may foreclose on property for outstanding fees.