From your backyard you are tired of seeing your neighbor’s property slowly deteriorating. Shingles are falling off the roof, gutters are failing, water damage apparent, rotten wood and failing paint, yet your neighbor does nothing. Even worse, why is the HOA not doing something? I should not have to do their job!
We all forget as owners we are the HOA, each of us responsible to each other through a covenant. We promise to take care of our property and not be a nuisance to each other. A letter is sent hoping the neighbor acts, but unfortunately the only way to compel an owner is through a court order. Like all civil lawsuits, this takes time, money, and witnesses.
To file a lawsuit, we must have evidence and credible witnesses. If the picture above is evidence: When was the picture taken? Who took the picture? Who is the witness of this neglect? Are the witnesses credible? What is the address of the picture? Is this picture evidence of neglect? Who is the owner? A jury of our peers or a judge requires the facts prior saying “guilty of neglect” and force an owner to fix it.
Without your help as a credible witness, this process takes much longer. Whether the witness is the management company, an Area Director, another board member or a neighbor, the complaint must be perfected and filed with the court. This process goes much faster when several neighbors are the witnesses, the evidence collected and certified.
The reality of an owner losing a lawsuit is the Texas Property Code allows recovery of legal expenses and may award punitive damages. This is money better spent investing in the neglected property versus fighting in court. The laws concerning neglect are stacked against those who are negligent. Several judgements have already been awarded and many more cases scheduled in 2023. This is serious business as one owner may be sentence to jail for contempt of court by not making the necessary court ordered repairs.
It is up to you whether or not you want to participate or not. If you care about our community, please make every effort to know your Area Director or visit our Property Manager at the Community Center. You may be the one who makes the difference in our community.
As a resident, I fully agree that a standard should be supported. I appreciate that you will go case by case in understanding possible issues that may have caused the offense to the quality that this HOA and MNW standards set.
I also find that the protocol, although needed, of asking for permission to upgrade, change or address the needs may take a great deal of time. This leaves residents with a possible lost opportunity to financially address issues.
In a different vein, I am finding that other well-kept and high-end neighborhoods allow for one day/or weekend twice or quarterly a year to hold a yard/estate sale without having to go through a burden to the HOA committee with timely approval. The guidelines for holding such yard/estate sales are clearly stated and are to be followed. I ask that MNW HOA please consider this idea.
Last, I ask why are there no street lights or sidewalks in MNW to provide better safety to the residents.
I see no issues with the current rules on garage sales. One here or there doesn’t seem to be much of an issue, as long as the sign rules are adhered to and removed after the sale is over.
Streetlights were not installed initially and there is no infrastructure for them to be placed now. I believe it has been researched and it is frankly cost-prohibitive to do it now. Minimal sidewalks were installed about a decade ago along portions of Champion Forest and Theiss Mail, but that’s about it. Again, it’s a cost issue but probably also a private property issue. Many homeowners would not want part of their yards taken up by sidewalks.
Mr. Ganske, I appreciate that there are rules because it keeps the integrity of the neighborhood as needed. My point about yard sales is about the process of approval. I also understand the intrusion of taking private property for the use of the public.
In that same vein, I object that 15 square feet of my private property are used for an ugly telephone pole with a switch that hangs down and could prove dangerous, two metal boxes to hold whatever, and a second water hole cover. None of which belong to me.
I make this statement not to argue but point out that if there is a concern for taking up private yard space how would you equate that to sidewalks or street lights that would be a safety provision? We are not living in a time from a decade ago or even five years ago. Both Mr. Ganske, are invasive. Thank you for this opportunity to respond.
Peggy Sue, there is no process for approval for a yard sale. The only requirement that is enforced is the Texas laws concerning “GARAGE SALES AND OCCASIONAL SALES.” Some neighbors do not appreciate the traffic sales bring.
David, you are correct about the many investigations concerning street lights and sidewalks. The cost to install and maintain is beyond what homeowners would be willing to pay. The original Developers reqired in the Deed Restrictions no parking in the streets to allow pedstrians to walk in the street.
What a well-written article. I’ve spoken to so many people who are against HOA’s as a personal attack on their rights, but like the article said, we are the HOA. It takes a village, and this is our community collectively. What others do affects everyone. You wouldn’t want your property value to decrease because of my decisions, so please have the same respect for everyone. Thank you for this much-needed article. We are in this together, let’s keep our community looking great!
When we moved here 29 years ago, we liked the fact that the HOA had established homeowner guidelines regarding upkeep of property. It was thought of as a security to protect everyone’s home value. We knew this and agreed before making final purchase. Now it seems some people take offense to a reminder from the HOA to address upkeep. I am saddened that rules are blatantly disregarded (mobile homes stored and hidden in backyards, boat storages being built in the backyards, and small residences, etc.). These things aught not to be. It cheapens the neighborhood value.
One thing I noticed also about newer neighborhoods is a common fencing down the main entrance in and out of the Subdivision…….this would an enhancement to the Subdivision as a whole. Anyway, these are just my thoughts…..for what they’re worth. No malice towards any of my neighbors ❤
I have found, especially in the last few years that some people walk around with the word “me” on their shirts. They are all for the advantages of being in a “community,” but let something they don’t like done for the “overall good of the community”, they complain and complain and complain…For myself, I believe strongly in a solid community, and in most areas we still have one. But, society is changing and more and more folks are appearing that don’t agree. That is the world we live in, but I still think MNW is best subdivision in Harris County!
Gwen, we are working hard to obtain owner cooperation in the neighborhood. You are correct that some see getting a letter as harassment instead of understanding their neighbors requesting action. In the end, the offending neighbor receives a judgment against them, ordered to make repairs, pay al legal and court costs. What is not common knowledge in most all cases, the offending owner does not prevail in court. The better choice is always take care of your home and not pay the two lawyers.
I agree it takes a strong conviction to agree to be a volunteer member of any HOA. Many times said members are accused of using Gestapo tactics and end up turning neighbor against neighbor as tattletales etc.
Power in the wrong hands can be a disaster for any collective group. I am unsure that “offenses” are always based on ignoring the rules. I mention this in hope that the rules are clearly stated and can be addressed in a manner that agreements of corrections in each case can be made in a timely manner.
What is appreciated is the ability to address concerns and neighbors helping each other with viable responses. Thank you.
Guess what! 2023 is the 50th year in which I have paid the HOA yearly fee. But, I haven’t received my 50 year pin yet. LOL