Board Problems

Started by KimR3 • 11 replies • 1862 views

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KimR3 (Texas)
Posts: 6

Posted:

I am new to this forum and would really like some advice. Our community is on a major lake in Dallas. We have 113 homes in our community and about 29 of these homes are adjacent to the lake. Like most HOA restictions, boats are not allowed to be parked in the driveway. I happen to be one of the homes on the lake. I went door-to-door and asked all of my neighbors how they would feel if the HOA allowed boats parked in the driveway from Memorial Day to Labor Day. The majority of the homeowners signed a petition stating they did not have a problem with the HOA allowing boats in our driveway. This was submitted to the board at our annual meeting in November. Everyone thought it would be a great way to say that we are a boat friendly community. The board said they would address this and get back to us as soon as possible. The board decided to make other changes to our restrictions and use the boat thing to get them passed. At the board meeting, I was told it was all of these issues or none. Since the homeowners petitioned to have the boats in the driveway, can they include a bunch of other changes at the same time?

Kim

TimB4 (Tennessee)
Posts: 21,059

Posted:

Kim,

The short answer is yes. The Board is proposing to the membership changes to the rules which also include the boat issue.

I would like to point out that if the Covenants say no boats in the driveways (vs. just a guideline) then the Board would need to actually amend the covenants to allow the boats during the time frame you want.

Tim

KimR3 (Texas)
Posts: 6

Posted:

Tim,

Thank you for your input. The board is amending our convenants to include this time frame. I will be going door-to-door to help get this passed. I don't have a problem with the other changes but I wanted to see if they could include other changes.

One more question:
I submitted a complaint regarding two new fences in the neighborhood. Our bylaws state that every fence facing a street must have boards, not fence post facing the street. These two fences face a major road in our community and it's an eye sore. My question is how did the board approve this and do they have to respond to my complaint? I brought it up at a board meeting and was told they did not have time to discuss that problem so I sent an email. Do they have to respond to my complaint or can they ignore it?

Kim

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Kim:

Depending on your state statutes … was it a legal petition following the statutes for associations when petitioning the board? If so, then they potentially should not change as the signatures were received for what was stated on the legal petition. In some states homeowners can call a special meeting to discuss/vote on potentially amending CCR’s, etc. Generally the meeting to be held can only be for the purpose stated in the petition. I have not looked at your state statutes, but that might be something to investigate.

Kind of sounds like our current government in trying to add extra pork to everything they try to pass through the legislature.

WillR (Michigan)
Posts: 68

Posted:

True that your covenants are your controlling document, however, you may have a variance clause that may allow you to just request a variance to the "no boat in driveway" if so that might be simpler then making changes. Check your restriction. Good luck and happy boating.
Willj

KimR3 (Texas)
Posts: 6

Posted:

Janet,

Our Bylaws/Convenants do not address petitions. I need to check our state laws to find out.

Thank you for the information.

Kim

KimR3 (Texas)
Posts: 6

Posted:

Will,

It would be easier to take out the "boat" issue but the board decided to put many restrictions regarding this issue. Ex: boats covered, no empty trailers, boat height, length, etc. The main reason for the covers is they don't want fishing poles hanging off the side of the boat.

Kim

KimR3 (Texas)
Posts: 6

Posted:

Ok, this is what I found regarding the Property Code laws in Texas. Does this mean the petition is binding?

PROPERTY CODE

TITLE 11. RESTRICTIVE COVENANTS

CHAPTER 204. POWERS OF PROPERTY OWNERS' ASSOCIATION RELATING TO RESTRICTIVE COVENANTS IN CERTAIN SUBDIVISIONS

Sec. 204.005. EXTENSION OF, ADDITION TO, OR MODIFICATION OF EXISTING RESTRICTIONS. (a) A property owners' association has authority to approve and circulate a petition relating to the extension of, addition to, or modification of existing restrictions. A property owners' association is not required to comply with Sections 201.009-201.012.
(b) A petition to extend, add to, or modify existing restrictions approved and circulated by a property owners' association is effective if:
(1) the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 75 percent of the real property in the subdivision or a smaller percentage required by the original dedicatory instrument; and
(2) the petition is filed as a dedicatory instrument with the county clerk of the county in which the subdivision is located.
(c) If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, the approval requirement may be satisfied by obtaining approval of at least 75 percent of the owners on a section-by-section basis or of the total number of properties in the property owners' association's jurisdiction.
(d) If approved, the petition is binding on all properties in the subdivision or section, as applicable.
(e) A property owners' association that circulates a petition must notify all record owners of property in the subdivision in writing of the proposed extension, addition to, or modification of the existing restrictions. Notice may be hand-delivered to residences within the subdivision or sent by regular mail to the owner's last known mailing address as reflected in the ownership records maintained by the property owners' association. The approval of multiple owners of a property may be reflected by the signature of a single co-owner.

Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.

PamelaM5 (Florida)
Posts: 85

Posted:

Quote:

Posted By JanetB2 on 04/15/2011 2:53 PM
Hi Kim:

Depending on your state statutes … was it a legal petition following the statutes for associations when petitioning the board? If so, then they potentially should not change as the signatures were received for what was stated on the legal petition. In some states homeowners can call a special meeting to discuss/vote on potentially amending CCR’s, etc. Generally the meeting to be held can only be for the purpose stated in the petition. I have not looked at your state statutes, but that might be something to investigate.

Kind of sounds like our current government in trying to add extra pork to everything they try to pass through the legislature.

Regarding the fence, check your town and/or state ordinances. They might have some guidelines as to whether the posts face the property or the street. Having the posts facing the property is more traditional, especially when it's facing a neighbor.

PamelaM5 (Florida)
Posts: 85

Posted:

I just checked my local ordinances and they say this. See # 5.

1. Property pins must be exposed
2. Permit board and approved/reviewed drawings (site plan) must be on site
3. Fence must not exceed 6’ – 0” in height
4. No part of the fence or the concrete can encroach onto other properties
5. The finished side must be facing the outside
6. Chain link fence line posts set at a maximum of 10’ – 0” apart and set 24” deep 4”
around post
7. All surrounding lots must be cleaned of all debris and dirt mounds leveled

SusanW1 (Michigan)
Posts: 5,202

Posted:

Also check our your local municipality for storage ordinances.

There's no way we could park a boat in our driveway during the off season.

KimR3 (Texas)
Posts: 6

Posted:

The city does not require the finished fences to have boards on the outside, the HOA does.
The HOA does not allow boats parked in the driveway, but the city doesn't have a problem with this, as long as it's in your driveway.

Kim

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