Please Help!

Started by EduardoA • 8 replies • 1991 views

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EduardoA (Texas)
Posts: 1

Posted:

I am a homeowner in a new subdivision, Greensbrook in North East Houston. The builders, are currently building another subdivision across the street from ours. Since the builder has not finished building the new subdivision we do not have a home owners association. We currently pay our dues & refer any questions to the former owner of the land on which our home was built.

The problem that I have is the entrance light into the subdivision has been out for months. This is the light that shines on the subdivision name "Greensbrook." I have contacted the builder on several occasions to get this light turned on & they tell us to contact the former owner of the land. I contact the owner & he tells us that it is the responsibility of the builder. Basically, we get the run around. Several homeowners have tried to get to the bottom of this but they are given the run around as well.

This is a huge problem since we are in a newly built section of Houston there is no street lighting leading into the subdivision. If there were ever an emergency I do not know how emergency vehicles would even find our subdivision since you cannot see the subdivision from the street this sign needs to have a light shining on it at all times.

I am looking for help and answers. Please Help.

Thank you,

M. Armas
[email protected]

LisaS (Illinois)
Posts: 341

Posted:

I don't know who to/why you pay dues if there is no association. What does this money go to (reserve funds? repairs? improvements?) when it is paid?

I may be wrong, but I would think that whomever you pay your dues to is responsible for the light. Afterall- it would make sense that repairs are made with money paid by the homeowners.

If your concern is for safety, approach your town with this information and perhaps they can make a phone call. I assume that there is some approved plan for the construction that includes lighting.

Best of Luck!
Lisa

CarolB (Arizona)
Posts: 9

Posted:

Generally, when a subdivision is in the process of being built, it is under developer control. Once the home ownership reaches a certain percentage (specified in your CCRs), it will be turned over to homeowner control and you'll elect your HOA board members. When you purchased your home you should have received a copy of all the governing documents for your community and these should specify who the developer is - they are responsible for fixing the light (assuming it doesn't belong to the city).

StevenB (Pennsylvania)
Posts: 7

Posted:

You probably do have a homeowners' association that should have been formed by the builder who should also appoint homeowners to the association board.

Did you get any legal documents when you bought your house, like Declations, Covenants, By-Laws, and/or a Public Offering Statement?

Are you sure your community has or is supposed to have an association? Is there common property? Is there a club house, tennis court, etc.?

The builder had to have purchased the land from the previous owner, so the previous owner should be out of the picture.

You may need a lawyer!

FritzR (Washington)
Posts: 8

Posted:

I don't know Texas Law but I would call your local county permit office and find out, who submitted the request for your building permit. Then call and see if the Texas Sectry of State's Office incorporated an association for your development.
If you can't get a straight answer be gutsy and call the developer, mention the local prosecuting attorney's name with the magic words "Fraud", Local Newpapers, Fire Marshal and the Local Investigative TV Reporter's Name.

PS You sound like You might have a 911 Code Violation-PLAY IT UP-IT ALWAYS WORKS. NOW DO IT !!!!!!

FritzR (Washington)
Posts: 8

Posted:

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By EduardoA on 10/25/2005 5:07 AM
I am a homeowner in a new subdivision, Greensbrook in North East Houston. The builders, are currently building another subdivision across the street from ours. Since the builder has not finished building the new subdivision we do not have a home owners association. We currently pay our dues & refer any questions to the former owner of the land on which our home was built.

The problem that I have is the entrance light into the subdivision has been out for months. This is the light that shines on the subdivision name "Greensbrook." I have contacted the builder on several occasions to get this light turned on & they tell us to contact the former owner of the land. I contact the owner & he tells us that it is the responsibility of the builder. Basically, we get the run around. Several homeowners have tried to get to the bottom of this but they are given the run around as well.

This is a huge problem since we are in a newly built section of Houston there is no street lighting leading into the subdivision. If there were ever an emergency I do not know how emergency vehicles would even find our subdivision since you cannot see the subdivision from the street this sign needs to have a light shining on it at all times.

I am looking for help and answers. Please Help.

Thank you,

M. Armas
[email protected]

Eduardo,

First of all, why would the former owner of the land be the person to go to with any complaints? If he no longer owns the land and is not the declarant, what interest does he have in the s/d? I presume the declarant is the person who is resp. for the lighting problem and any other problems arising in the s/d. Are you certain an HOA has not been formed. Usually the HOA is formed by the declarant who is in control until turnover to the members which traditionally occurs when a certain % of the lots have been sold.

You state you are currently paying (dues) assessments. To whom are the checks made out? This should tell you whether or not an HOA has been formed, as the checks would be made out to XXX HOA. Have you received copies of bylaws, articles of incorporation and CCRs (declaration)? These would be the governing documents of the HOA, wherein resides a wealth of information that would behoove you to thoroughly read and understand.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Entrance light - what do you mean?

Is it on a pole?

Is it part of the signage (on the ground and shines up on the face of the sign0

Whoever placed (installed) the sign would be responsible, if it is a sign light.

If it's a sign on a pole, it may be the local municpality.

KirkW1 (Texas)
Posts: 1,665

Posted:

From my understanding of the Texas laws, if you are paying dues, there is an HOA in operation. Having said that, it is common that the operation of the HOA consists of a management company that deals with all the day to day stuff and a quarterly meeting with the board which is a puppet of the developer. And the board meetings go rather quickly.

The person you need to contact is the manager assigned to your property. Unfortunately, it would seem that there is no easy way to find this person. And even if you do, the person might not really care to deal with the problem.

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