Aluminum patio covers and Above Ground Pools?

Aluminum patio covers and Above Ground Pools?
These were not permitted when we moved in our house in 2001. The oldest house in our subdivision is no older than four years old. The builder put restriction on what building materials could be used to protect property valves. All houses are 200 K plus.
What he didn’t know was some of the people that sign on to the board wanted to change things to suit their needs. The board members decided that Aluminum patio covers would be ok if they matched the colors of the house they were installed on. But they DO NOT go back and check to see if this is followed. There are NO white houses here, but we do have white patio covers now. They do not match the paint color of the houses.

They also changed the restriction on above ground pools. These pools are to have the plumbing tied into the sewer systems of the houses and they can not be build on any of the easements. BUT no ones goes back and check to see if this is done. It would seem some of the board members wanted a pool, but didn’t want to spend the money to install an in ground pool. So they just changed the rule to suite their needs. They said these were ARC rules and they could change them if they wanted. I called around and found out there are no other HOA’s that allow this anywhere near me.

What steps should be taken to put a stop to these and changes? Dose anyone thing any of these are good for property valve?

Here is a link to our HOA guideline before it was changed. This is what is posted on our management’s website. They didn’t even list the changes they have made on the above ground pools or the patio covers.
Take a look and tell me if you think it was ok to make the changes with the way the builder wrote this.

http://www.associawebsites.com/files_docs/ACF4399.pdf?CFID=59948&CFTOKEN=51853050

There are some houses down the street you could buy if you like these kinds of things. They are not too far from a trailer park. I did not buy one of these houses.
I even put in an in ground pool and wooden patio cover. I paid around 50k for theses add ons. There are over 20 others home owners that have added wooden patio cover or in ground pools that followed the rules.
No one knew the trailer park HOA members on the board would change these kind of rules.
Ask me if I would have spent the money if I would have knew what was ahead with these hillbillies?
It is easy for you to say it is no big deal, because it is NOT your money.

Right after the rule changes I sent a letter to every house, all 144 of them. Forty of us showed up at the next meeting and none of us were happy. I found that one of the board members had been breaking the rule in regards to the above ground pool and that is why the rule was changed. We asked the board members to change these ideams back to the it was. We asked if we could vote on it at that meeting. They said no we could not.

They decided to sent out a flyer instead that looked like junk mail. It was a vote written saying it would not change property prices so it is really no big deal. Almost like why even bother mailing this card back to them. I found out later they only got about 18 flyers back out of 144 homes.
There were forty of us ready to vote NO at the meeting. Guess would has won so far?

I’m thinking of setting up a web forum on Turtle Creek so we can keep up with all the changes the hillbillies want to change. At least they can not lie about how people are voting. And you are right about using it to remove the board members. Do you know of any free websites to start one of these?

They did ask for three volunteers to serve on the ART board. Two home owners on my steet and I said we would serve but they did not choose us for some reason? They already knew how we feel about these rule changes.

I have often wondered if the wall entering my subdivision should be changed from “Turtle Creek” to “Hillbilly Creek“.

No, I would have to link you there. I dont think any of this is top secret, so here you go.

http://www.associawebsites.com/files_docs/TrtlCrk_ArtInc.pdf?CFID=59948&CFTOKEN=51853050

http://www.associawebsites.com/files_docs/TrtlCrk_ByLaws.pdf?CFID=59948&CFTOKEN=51853050

http://www.associawebsites.com/files_docs/TrtlCrk_Dec.pdf?CFID=59948&CFTOKEN=51853050

You didn't say anything about the forty home owners NOT liking the changes? What about the web forum, good idea?

I see I failed to comment on the 40 disatified attentees. That's probably enough to replace one or more board members if you have willing candidates. But it's a long way from enough to mount a recall.

Roger, As a matter of fact, I have.
They need 25% of the membership to call a members meeting. He probably has that. But he needs a majority of the units (73 by my calculation) to effect the recall. Basically, twice the number that showed up.
I just don't think it's worth the effort to call a recall meeting without at least 80 proxies in hand.
And then there is another little "hooker" to deal with. That is what happens to the vacancy if a recall is effective? In the event of removal, successors are not elected by the membership. They are appointed by the remaining board members. And there is no provision for an election in the event of total removal. -- LD

Roger, I failed to find a provision allowing an election to replace a board in the event of total removal. The ONLY mechanism I could find for replacement of recalled directors is appontment by the remaining directors. But I'll look again. I obviously overlooked the amendment trick. -- LD

Roger, I failed to find a provision allowing an election to replace a board in the event of total removal. The ONLY mechanism I could find for replacement of recalled directors is appontment by the remaining directors. But I'll look again. I obviously overlooked the amendment trick. -- LD

Roger, I failed to find a provision allowing an election to replace a board in the event of total removal. The ONLY mechanism I could find for replacement of recalled directors is appontment by the remaining directors. But I'll look again. I obviously overlooked the amendment trick. -- LD

Of course, if you amend the bylaws to make it easy to remove the current board, then the opposition is entitled to apply the same mechanism to remove the new board.
Perhaps that is why it is supposed to be extremely difficult to remove a board.

sorry for the type errors I should not be typing soooo early.

Do you know where I can find proof about tanking property values I can show other owners here. I tried to Google property values with the above, but could not find what I needed. All you need to do is look at the prices of houses with the following, and homes without them or not allowed, to see what we already know.

I think some may think I'm just making waves, but they don't understand the reason for these rules. I have even talked to a few lawyers about this. If I can find proof about property valve lost, I could take action again the board. This is not what I really want, but they will not listen to reason. I paid 50k upgrading my property following the rules. Then the rules were changed 6 months later. Now the guy behind me can put up a 2000 dollars white patio cover which I could see from my back yard.

NOW, lets say I want to sell my house. I put an in ground pool in and know I will NOT get all my money back on it. I was willing to take that lost, but what is going to happen if buyers start looking at these white patio covers?
HOW much of a lost are we talking about now?

There are 3 others areas of homes in the same price range as mine. Take a guess if the above is ok at any of them?

NO.
NO.
NO.

I just joined this web site and would love to know the trespassing laws in Texas. Is there a law that gives rights to HOA officals to come into your back yard without invitation and check to see if you have anything in the way of a, say above ground pool, that isn't seen from the road, and they have no way of knowing you have one unless they look over your fence or enter your backyard? Just curious. When we moved in our community in 2001, I told the builder that I was planning on putting in an above ground pool, he said nothing about rules that say it's prohibited. We didn't know anything about the rules until we had already paid up and moved in and finally got our regs, (they didn't have copies before). I'm not planning a aluminum sided pool that will look tacky in a year, I plan to spend some money and get a good one and make it look special. I just don't have the funds for an inground pool. I don't think that what I do in my backyard should be a concern to anyone else. My neighbors on both sides don't care why should anyone else. And why should it be the HOA's concern what I do as long as I don't have anything tacky over the fences showing, (like I might add do some of the other homes out here with there faded children's toy canopies).

Karen - read your documents very carefully. Many times there is a clause which gives the HOA permission to enter your property at any time and it could be that you waived your privacy rights by signing and accepting those conditions. Some past posts on here have even talked about using helicopters to survey back yards for violations. When you think about it, even the police can not enter your property without your approval or a court order (except only under very specific conditions.) Harold

Don't forget that your backyard can be seen from many places. A nearby second story window, a neighbor’s yard, through your fence at certain angles, etc… If you are knowingly in violation then it is only a matter of time before you are found and you can’t argue the method of being caught.

Wow, those documents are specific...

Our says No [insert banned item here] without board approval. Regardless of how it was seen if you have it you are in violation.

A couple things I'd like to comment on here.

First, our By-laws allow for us to adjourn a meeting that has less than a quorum and reschedule for no less than 3 days or more than 10 days later, at which meeting we do NOT need a quorum and the majority of whatever number attends is enough to carry an amendment or any other vote.

Second, I used to live in a community that did NOT have deed restrictions and my husband and I had an above-ground pool. Ours was not a cheapie aluminum one, but rather a very expensive and well made high-end pool. We also had landscaping around it. We moved into a newer subdivision some years later and above-ground pools are not allowed. Even though I HAD one, one of the reasons we moved here is because of this restriction. Even though WE had a nice one, others around us did not. And while they really weren't in disrepair, they were still ugly tin cans (including ours if you think about it) sticking up out of the landscape and marring the view. Most have horrible winter covers that need to be kept on with weighted down objects, such as water jugs. AND they are there ALL year round, even though the swimming season is at best 3 and half months in our area.

Third, if you put one up and you later find out it is against rules, you have no other recourse but to remove it. We just had a similar incident in our neighborhood. A family moved in and within a year had installed an above-ground pool. It was a very nice one, but it was still not allowed. They refused to take it down and instead tried to rally the neighborhood to get them approved. That is certainly their right to do that, and it is something you might want to consider. In the end, they had 9 votes out of 275 homes. The vote meeting was the largest turnout we had had in years. Over 123 homes voted it down.

MicheleD, is this true? My husband and I did a drive thru of our neighborhood, (we'll he does it on a regular basis) and we found lots of things that are against our deed restrictions but are getting dismissed or someone is just not doing their job. Mostly edgings around trees and gardens made from the wrong materials and looking tacky, basketball courts that are in the front yard, garbage cans in the front of the house, fences leaning or in disrepair, outbuildings and playhouses well above the restricted 8' limit, boats, trailers and a couple of business trucks and trailers, all against the restrictions. These things have been there since we moved in 4 years ago and have never been moved or adjusted. I did find a section on Enforcement in our deed restrictions that goes something like this: "The Assocation, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter." Does this mean they don't have to act on the precedence they have already set by ignoring other conditions restricted?

Karen:
Have you checked your covenant documents which cover rules on erecting an above ground pool, even one which 'won't look tacky in a year'. Your documents should clearly state what is allowed and what is not allowed.

Do you have an Architectural Control Committee which oversees architectural requests from residents? Be sure you follow the appropriate procedure in place, and be cautious if you must have approval prior to your installation of the pool.

Further, is the ground around the home units considered 'common ground' for which the community pays to have mowed and maintained? If it is common ground, and not your own personal private backyard, this is why the HOA officials are not only able, but should monitor all that the residents are doing on the common ground within each unit.

Please post further details so we can be of more help.