Calling all members to participate in providing feedback and comments regarding the proposed update to the Architectural Control Committee Guidelines.
When: Tuesday, March 8, 2022 at the Community Center, from 7:00 PM to 9:00 PM
Click the download button below to download a copy of the Draft Guidelines document.
We understand everyone interested in this topic may not be able to participate in the meeting. We have posted the draft version of this document here and encourage you to read and provide your feedback in the comments below. Your constructive comments will be included in the meeting discussion and/or discussed here.
[Update: To be best prepared for the meeting be familiar with your deed restrictions that everyone accepted when they purchased their home and the current guidelines we had in place since 2012. The deed restrictions can be difficult to read, we don’t have better copies. One day we hope to have a reference copy that is searchable and easily read. If you don’t have a copy of your deed restrictions, there are links on the web site and at least one post in the comments below with it.]
You can find all of the Deed Restrictions here. https://mnwhoa.org/documents/deed-restrictions/+
If you are not familiar with the Bylaws of the HOA, you can view that document here
The current ACC Guideline document, last updated in 2012, can be found here https://mnwhoa.org/documentarchive//MNW%20Architectural%20Control%20Committee%20Guidelines.pdf
Thank you, Greg, for the effort you and the ACC committee have put into this document. It provides much greater clarification over the previous document and updates many areas of concern we have. It should be an interesting meeting and I hope many members attend the meeting.
I think the residence of the subdivision should vote on these proposals and not let a few people on the ACC determine how the residence should live in their own subdivision.
This is a guideline for the Architectural Control Committee to use. This is not a rule book and is a technical manual (educational) to help volunteers who serve on the committee. It also is informative for homeowners to anticipate how the ACC may decide on a specific improvement.
For example, take lighting; technology has changed significantly in the area of artificial light (lumens); various colors, intensity, wattage, etc. As an exaggerate example, I decide to install four poles on each corner of my lot 35 feet tall and install stadium LED lights. I think my neighbors may have something to say about that. How do you want volunteers to think, discuss, and finally decide (Approve/Deny) this application? This document is intended to help frame the discussion for those homeowners who make this important decision.
I am hoping to get comments back from architects, engineers, legal professionals, real estate agents, and all concerned homeowners to help build a modern educational document. Remember, our current document needs to provide more guidance given the available technologies and how we choose to live cooperatively in our community. Hope this helps.
I am a lighting designer and have owned a landscape lighting company for 20 years. The recommended conditions for exterior lighting don’t make sense and are the most restrictive I’ve ever seen. Anyone who has professionally installed landscape lighting would be in violation. The kelvin requirements are unrealistic and are the lumen restrictions. Whoever guided the ACC committee on this topic misled the members.
That is why this is a draft. We appreciate your feedback.
We certainly can use additional expertise. Please provide any proposed changes necessary. As previously stated herein, no intention to stop creativity. This process is about making a better mouse trap.
thanks, Rob, most of these new ideas are very restrictive, and not at all necessary. We could have a community garden as a hedge against food shortages in several places by the clubhouse. To me that is practical.
Yes fix the crime and we won’t need lighting as much! I will light up my whole house because crime is rampant.
Crime in MNW is among the lowest around. We have a crime report and analysis at almost every board meeting. Please attend and voice your concerns.
Greg,
I’m all for clarifying and bringing any outdated deed restrictions up to modern standards. However, some of these new “guidelines” seem quite arbitrary to me. For example:
All security/flood lights may be installed on the residence at a height no higher than eight (8) feet.
Is this something new or was it in the previous deed restrictions?
My front porch has an entry way that I would estimate is about 20 feet high. For security purposes, I want to have a floodlight with motion detector centered above my porch that turns on if someone walks up to my front door at night.
What purpose does it serve to have an 8 foot height restriction on floodlights?
Thanks, Tina
The flood light in the guideline is the type best suited for wall or under the first story eave, not the type used near a front door at 20 feet. I suspect there is a better architectural solution for the front door or porch. This technical difference in light fixture selection is to help a committee member understand the options when considering an application.
Your comments here provide much more context regarding the INTENT of the guidelines document. It would be valuable to add this to the guidelines document for future ACC volunteers. Otherwise, when this committee moves on and new volunteers come on, the WHY we created a guidelines document will get diluted over time and risks becoming a tool for enforcement.
There is a legal concept of hierarchy of documents. This document is the lowest form in the document hierarchy for local governance, for example: The Constitution, Federal, State, Deed Restrictions, Articles of Incorporation, Bylaws, policies and guidelines, etc. and further down the list. As with all documentation, the “intent” is decided by a court and the test is “reasonableness.”
Members participate in this process to help determining what is “reasonable” and what “guidance” we all want each committee member to consider when deciding the fate of an application.
Each person who serves may not be knowledgeable about all subjects. This document provides some “guidance” to think about before rendering a decision.
ROOFING
Roofing shall also include metal roofs in approved colors. Metal roofs are hail proof and more energy efficient. It may also reduce home insurance rates.
Thank you for putting this document together, as these are all volunteering activities.
With overwhelming responses/questions already, I am more interested in the meeting flow:
1) Are we going through ACC section by section or are we going to discuss the most contentious topics first?
2) Are we going to have subsequent discussions? I anticipated we are not going to finish the discussion in one section.
3) For those who have previous commitments on Tuesday nights, is there a “write-in” opportunity to participate?
Best regards,
Wei
We will go section by section at the meeting to discuss the intent of each word, sentence and paragraph. It is highly likely we will not get through the document so another session would be scheduled.
FENCES
I STILL don’t see anything mentioned about the imperative use of Ring Shank Nails or Screws to secure the pickets to the rails. Otherwise, the pickets start falling off within two years. The first thing I had to do was to add a 3rd rail, and RE-NAIL all of my pickets with Ring Shank Nails. No one should have to do this-EVER!
I also do not see any mention of how cement is to be mixed. Each post should be secured by 1 sack of concrete, mixed above ground and poured into the holes. No dumping of sackrete powder into holes should be allowed -EVER!
I think we need to remember that every time you create something that needs permission from ACC, it’s creating a bigger backlog in getting things approved, and approval or denial is supposed to happen in 30 days. Leave the ground level improvements to the homeowner, at least in the back.
I appreciate the clarification re lighting. I have 2 neighbors behind and one in front that have those industrial lights and / or super bright lights that shine right in my house and my bedroom. One person said, “Get black out curtains.” I don’t think I should have to purchase something because my neighbors break the rules re lighting.
Thank you Greg and team for the hard work.
Did the very early (first) residents of MNW sign separate or different Guideline Documents according to the section number of the dwelling?
Where would I find the Guideline Document signed by current residents/buyers in MNW?
Shirley, you may be referring to the Deed Restriction. All MNW Deed Restrictions require all property improvements to be approved by the ACC committee. The Deed Restrictions were signed by the owners at time of purchase. The guidelines provide the membership and committees a framework to go by and is recorded with the county.
You can find all of the Deed Restrictions here. https://mnwhoa.org/documents/deed-restrictions/
The current ACC Guideline document, last updated in 2012, can be found here https://mnwhoa.org/documentarchive//MNW%20Architectural%20Control%20Committee%20Guidelines.pdf
Tina, you are listed in the email distribution list. For those who are not there is a signup form on the web site’s home page.
Shirley you are right, we signed additional or changed ACC guidelines that are on file with the state, I am not sure of the year but each section was filed separately. It would be nice to have a historian on deck LOL.
Two comments:
The guidelines say that cars should not be parked in view, though parking in driveways or at the curbside is not clearly prohibited in the document. Such a prohibition would not be accepted by many residents.
Also, color temperatures have changed over the years. Today, daylight (5000K) bulbs are much more common than they were in the 70s, and are seen as attractive. Perhaps the color temperature restriction could be relaxed.
My concern with the cars not being allowed to park in view is that its my understanding the HOA has no juristriction of the streets. So if the HOA wants to move cars out of driveways, more cars will end up in street and not the garages as the HOA intends. This in my opionion is a saftey issue – Personally I hate all the cars in the street and dont want to see more because of the guideline this document is addressing
https://guides.sll.texas.gov/property-owners-associations/ccrs
Pubic streets are used by the public yet a restriction is an enforceable contract for owners. All of us promised not to park in the street and signed the use agreement for our property. This provision was purposeful as the street is not conducive for safe parking considering no sidewalks, pedestrian use, bicycle use, etc. Keeping the street clear of obstructions and obsticles is a better use for all.
My home is a 5 bedroom home with a 2 car garage, where else am I to park my cards except in the driveway. This doesn’t make sense. What is a driveway for? To park cars! These are ridiculous assessments.
There is nothing in this document or anything ever proposed to not allow parking in driveways.
In my opinion, the document should refrain from including statements like the following: “Vehicle’s parking in public view like driveways and streets are considered attractive nuisances placing the community at risk.”
The above could be interpreted that homeowners won’t be allowed to park any vehicle at their home if it is in public view. If this is being proposed as a new deed restriction, I suspect you will get a lot of push back from members of the community. If not, then take it out. Either way, it’s unclear to me why this is here … Is it meant to be a deed restriction or just an editorial comment?
Completely agree. They need to take out the language calling vehicles parking in public view a nuisance. What happens when SCS who regularly doesn’t understand our HOA guidelines starts sending fines for vehicles parked in public view? So many things wrong with the proposed updates. The Holiday decor timelines. The banning of birdbath, fountains or benches in front yards. Stating fences have to be cedar 1 not cedar 2. The play equipment in the backyard needing to be put away when not in use. I could go on and on. Ultimately based on the many comments the proposed “updates” are not wanted.
Personally I feel vehicles in the street are more of a saftey issue for kids than anything – but I was with understandng the HOA had no juristriction to disallow cars parked in the street. Has this changed? Also if new rules readdress cars in driveway then wouldnt this then move more cars to street where HOA has no juristriction?
“Vehicle’s parking in public view like
driveways and streets are considered attractive nuisances placing the community at risk.”
This would suggest I can no longer put fall wreaths on my front door in Early October or any Easter displays other than Religious themed. This seems to ban the Easter Bunny and related decorations that typically adorn our yards. Perhaps their is a better way to define excessive as to still allow the the multiple holiday seasons to be celebrated while stopping the well… we all know whats driving this topic.
The one thing that seperates our community from others is that we are not cookie cutter and most homes will have a variety of yard displays to celebrate the multiple holidays
” Holliday decorations, temporary in nature, are permissible during the following periods:
1. Fall decorations may be installed and displayed on the Saturday two weeks prior to
October 31 and then removed by Sunday night after October 31; except when October 31
falls on a Sunday, then all decoration are removed by the following weekend.
2. Winter decorations may be installed and displayed starting on the day after Thanksgiving
Day until the seventh (7) day of January.
I am reading that to mean we can’t put up Valentine’s Day, Mardi Gras or St. Patrick’s Day wreaths either. What about a wreath during the summer time too? I enjoy seeing bright cheery wreaths/door decorations during those holiday periods. How can it be affecting the values of our homes when every other subdivision allows them as well? I agree – this is way too strict.
Excellent comments! This sounds like a good discussion for the meeting.
I love decorating my door, front porch and flower beds for the different holidays. I feel this is a rather large abuse of “authority”.
See Rebecca Talley post and the response for a proposed re-write for this section.
Are these the proposed updates or just a starting document? Can changes be highlighted from current deed documents in this document? I dont see much difference.
This is a draft document.
A Restriction is a contract having a provision requiring an Architectural Control Committee to review and approve all improvements. This document provides the guidelines (things to consider) for when applying the restrictions.
WAY to restrictive. This is VERY overbearing. So many things wrong with this, I don’t know where to start. Who actually owns these homes? This will breed more resentment and division. This will NOT unify the residents. Why can’t you just let us live our lives without feeling we need to ask permission to do anything to personalise our homes? Hard pass on nearly the entire thing.
Very much agree. No one wants to see abandoned cars on blocks in the driveway, or pieces of the façade falling off a house. I don’t think it’s okay to be so restrictive that I cant park my daily driver car in my driveway. Some of these houses are of a vintage that wont physically fit the newer SUV’s. Someone further down mentioned that our neighborhood is transitioning to the next, younger, generation and, it appears, the older guard of the HOA is trying to reassert their generational expectations of what the neighborhood should be.
There is nothing here about preventing parking in driveways.
Hope you come to the meeting to help in the conversation about this valid concern.
Hello, is there a map of different Sections of the neighborhood?
Lisa, we have a map of the Areas which define the areas your Area Directors represent. https://mnwhoa.org/homeowners-association/mwn-area-map/
The Section comes from your legal description of your property and is found on your Harris County Appraisal district records.
First I applaud the efforts our HOA board members have contributed in keeping MNW a great place for all, tough tasks, I appreciate y’all.
Our neighborhood is certainly shifting from first generation of ownership to next, while we try to continue its very value that attracted us to be part of this great neighborhood we may also consider the changes in our time. I think any attempt to dictate home owners taste to the teeth is going to face great deal of challenge, just saying, the update draft can be more structure oriented that leaves creative space.
Excellent comment. The goal is to maintain the architectural characteristics of the neighborhood. If there is something hindering creativity towards that goal, what do we need to remove or provide better guidance. This is not intended to be a rule book but a guideline.
Thanks!
There seem to be a lot of “assumed” authority granted to the HOA. I would like to know what grants the HOA with the authority to make some of these restrictions.
The houses within our Neighborhood should also be considered an “Attractive Nuisance” correct? If someone can afford a home in this neighborhood it stands to reason they must have other items that “Attract others subjecting the community to risk or harm.” Doesn’t our new community center and pool facility attract attention?
If items in a backyard are not within “Pubic View” how does the HOA have authority over them? This power leads to a very slippery slope. What’s to stop the HOA from telling me I cant have Green walls inside my house if they can see the walls through an open window from the “Public View”.
Why does the ACC need Technical specs on everything you want to do? Energy star rating is for owner cost and has no visible characteristics what gives HOA authority to regulate what the owner puts in house as long as the aesthetics are maintained.
The terms like “Aesthetically pleasing” and “Deemed Offensive” are too vague to be enforced. What I find aesthetically pleasing or offensive are different that other opinions.
This seems like a major power grab to make our community in the image of a small few rather than a diverse neighborhood filled with people from different backgrounds and interests. Some items make sense but most are overt attempts to control other peoples lives and property.
I periodically present a class at the community center on the fundamentals of governance of an HOA.
Please keep an eye out for the next class as your comments concerning HOA authority are all addressed.
Please come to the meeting to address any specific items you may have about the content within the guideline document.
As a realtor that shows many homes in our neighborhood, the negative feedback I consistently receive is –
1. Too many cars parked in the streets.
2. The neighborhood is too dark at night, not enough lighting.
3. The fencing along Champion Forest, Theiss Mail Rt and Louetta should be uniform.
The positive feedback is the –
1. Mature Trees and large lots.
2. The homes have character, not cookie cutter.
3. The amenities are spectacular.
4. The low tax rate and low HOA dues.
Thank you to the board for starting this dialogue.
Great feedback helping us stay abreast of what future homeowners (families) are looking for in a community. I am hopeful the guidelines provide helpful guidance to the Architectural Control Committee as we maintain and improve our homes from the inevitable deterioration and decay.
Great comment regarding the fence wall. I ave lived here for 28 years. I would like to see the fence walls coming down Champion Forest Dr. be more uniform; actually I think it would upscale our neighborhood if we could have a uniform brick wall like the newer neighborhoods. Or at least a more uniform wood fence. I agree to remove the cars off the street; not talking about visitors who come temporarily for events such as parties.
The parking in driveway i have lived here just over 20years and as such as long as exterior of garage was not changed it was noted in ACC guidelines we could convert our garage as we would like. In doing so some have work areas, gaming areas and so on. In these guild lines your are asking residents to change their garages to now accommodate possibly 2 cars. It doesn’t seem right if we were adhering to previous guidelines. Also a resident that has a teenager may not be able to own a car if they have no where to park it according to these guidelines if it cannot be kept in garage?
I am not sure I understand this comment.
Section 20 of the existing guidelines state the following: “Garage conversions are not permitted unless they are done in conjunction with the construction of another garage approved by ACC. Exterior finishes must complement the existing residence.”
This is a great comment as there is no intention to change the intent of the existing guidelines. This document is intended to enhance the current guidelines by considering the changes in technology, materials of construction, etc.
When coming to the meeting, it is helpful to reference the existing text of the current guidelines and discussing the merits of the new text within the proposed guidelines. This method is extremely helpful to determine if the proposed text reads as intended.
Thank you Greg and the other volunteers. I just feel you can’t limit people parking in their driveways. Most families have more than 2 drivers if anyone has 2 kids you will eventually have more than 2. Some residents do use their garages for work areas for woodwork and to store recreational vehicles. You are now making changes to what residents can use their garages for.
On holiday decorations this now allows for no Thanksgiving, and Easter decorations? I would hope we could allow a 2 week span for these holidays also.
Thank you for opening this and allowing for comments.
All things to discuss.
See Rebecca Talley post and response for a revised version of the holiday section.
I am a lighting designer and have owned a landscape lighting company for 20 years. We’ve installed well over 2,000 lighting systems. The recommended conditions for exterior lighting don’t make sense and are the most restrictive I’ve ever seen. Anyone who has professionally installed landscape lighting would be in violation. How would you address those residents who have professionally installed landscape lighting which likely cost the homeowner thousands of dollars, which would be in violation?
The kelvin requirements are unrealistic as are the lumen restrictions. Whoever guided the ACC committee on this topic misled the members.
Regarding “Fences” on page 12 of the draft document and the accompanying illustration:
Why the restriction of #1 cedar pickets only and not #2 cedar pickets? I’m sure there would be a nominal cost difference between the two when getting bids or purchasing for a DIY project. Isn’t the goal with the present guideline to not have pine pickets as a wood choice? Why make the new guideline even further restrictive?
Great question Gregg. I am sure many would not even know there is a difference between the 2 types of cedar.
The restrictions already require only cedar as a fence picket. This document is a guideline to help committee members know there is a difference. The goal is to recognize the different quality of materials and what is acceptable.
I am getting ready to replace my 16 year old fence. 3 highly rated contractors bid and none of them quoted No 1 grade western cedar pickets. I checked local retailers and none of them advertise No 1 grade western cedar pickets. And material prices are very high. So I’m thinking a shift to a No 1 grade picket limitation is a bit of a dream. How many fences in MNW in the last few years have been built with No 1 grade western cedar pickets? What is the price premium on a 300 ft fence? I’m guessing almost all are No 2, and that is what the contractors quote.
Hello, I will definitely be attending!! I love this neighborhood and my home. I am very concerned about the rising crime and we need to be allowed more privacy allowance for our driveways. I currently have an iron gate but that did not stop the burglars. We need to be allowed more coverage on the gates and metal fences. Wether it be metal , wood , or decorative Ivy. Please!!!!!
Looking forward to meeting you.
With the advent of drones, perhaps modify the definition of “Public View.” I understand views from the street outside of the property line, however a drone in a public way could look down into the backyard. Current wording states “from any vantage point.”
The use of the term “public view” has a specific meaning within the intent of the guidelines. It is from any vantage point outside of the property line. There are several guidelines to apply to a proposed improvement in order to preserve architectural line of sight principles.
This is not to be confused with enforcing a restriction. Neighbors always have a right to enforce a deed restriction violation from the vantage point like their second story window. The HOA is required to pursue all valid complaints regarding any restriction violation brought forth by any owner; even those in view from the adjoining property.
You all are way off base on most of this. As an example I don’t decorate for Halloween I do fall decorations, so I keep this up in November and remove to put Christmas up. I firmly believe power is gone to some peoples head! If you want to improve values of the homes get the cars of the street, so you can drive both ways down Theisswood, get the parked cars out of driveways that have been there years. And let’s not forget we have that new pool so all is really good!
See Rebecca Talley post and response. This is an example of a re-write to clarify the intent. Every word and paragraph must be scrutinized to ensure the intent is clear.
Remember, this is not a restriction or a rule book. It is a guideline to interpret the restrictions.
Thank you for all of your hard work on this. Thank you for being willing to volunteer your time to make our neighborhood safe and beautiful.
I love holidays. All of them. I love to see so many creative displays and believe they add to the beauty of our community. I’d love to encourage our neighborhood to be even more festive and have the ability to decorate for more holidays. I’d like to see fewer restrictions on holiday decorations.
I agree that parked cars on many of our streets pose safety concerns. I wish we had sidewalks. However, I think it’s overly restrictive to not allow homeowners to park in their own driveways. Some families have more than 2 drivers or may have additional vehicles and I believe they should be allowed to park in their own driveways.
Based on all the comment regarding decorations, below is a proposed rewrite. The intent is not to limit any decorations in support of a holiday celebration. The intent is not to provide a detailed list of approved holidays. The guideline is attempting to address the appropriate time when a holiday decoration should be removed. The restrictions require an ACC application for all landscaping articles displayed. This is attempting to remove the requirement to send in an application for a temproary decoration that is an obvious holiday supported event.
Holliday decorations, temporary in nature, are permissible:
1. Fall decorations may be installed and displayed on the Saturday two weeks prior to October 31 and then removed by Sunday night after October 31; except when October 31 falls on a Sunday, then all decoration are removed by the following weekend.
2. Winter decorations may be installed and displayed starting on the day after Thanksgiving Day until the seventh (7) day of January.
3. All other times no longer than a week after the holiday.
Any other thoughts on this section?
Yes many thoughts on this. Dictating when people can put up and take down fall decorations or holiday decorations is absolutely not going to work. I put out Halloween starting October 1st. We keep our house well maintained and tastefully decorated for each holiday. This one is a slap to the many festive residents who live here and enjoy the yard decorations our neighbors work hard to put out.
Isn’t is currently 30 days, rather than 2 weeks? I think that’s what’s causing issues with this particular section. 2 weeks is such a limited time and, depending on weather, could prohibit people form being able to display decorations.
I think we need to clarify this document, as in what purpose does it serve? It’s for the ACC committee to train them? But is it also the basis for violation letters? If people decorate more than two weeks prior to a holiday, will they receive a violation letter? Someone posted they got a violation letter for a wreath hanging on their door because the “holiday season” was over. But it was a Valentine’s wreath and this was a couple of days after Valentine’s.
As far as holiday decorations, can’t we make it uniform? 30 days prior and removed within 30 days of the holiday? And remove “holiday season” because the seems to indicate people can only decorate their yards and homes during the fall. People like to decorate for all the holidays. No one wants to get a violation letter for making their home festive.
As an aside, I’d love to see MNW compete with Prestonwood Forest for most festive neighborhood at Christmas.
I think the lead time to install decor needs to be longer. Some of our neighbors have AMAZING displays that take a long time to install. I think Oct 1st would be reasonable.
Also, I think the standard take down time needs to be at least 7 days after the holiday regardless of which day the holiday falls on. For example, if Halloween is on a Sunday they get until the next weekend (7 days). But, if Halloween is on a Saturday, then they have to be removed by the next day, Sunday Nov 1st.
I think allowing winter decorations all through the month of November is also reasonable. Lots of folks now use their Christmas/winter decor to make their house festive for Thanksgiving. It’s a joyous happy time and we should welcome people making their houses festive.
It seems the whole holiday decoration issue is trying to solve something that just doesn’t exist. Is there really a problem with people decorating too early or leaving stuff out too long?
Excellent question David. One of the hardest things a volunteer has to wrestle with is this very question.
Providing guidance helps lessen the burden to what is considered reasonable. We may have 0.5% of homes with Christmas decorations still up right now. Is this too many?
When you read your restrictions, you are required to get an ACC approval for things in your front yard. We are defining in the guideline the definition of “things” and a grace period to minimize the burden of this process.
Fall is not just Halloween you are saying fall has to come down before its even Thanksgiving and Halloween should be able to be up all of Oct. Fall technically starts in Sept. so fall should be able to go up when fall starts. Fall and Halloween are separate and should be stated that way.
A tremendous number of these proposed changes are ludicrous, violate law, are absolutely not in the best interest of MNW homeowners, and will result in more baseless HOA harassment of owners. These are the existing Architectural Guidelines:
https://mnwhoa.org/documentarchive//MNW%20Architectural%20Control%20Committee%20Guidelines.pdf
We hope you will attend the meeting to discuss. All constructive feedback is appreciated. Thank you for posting the link for the existing Guidelines.
Verbal feedback in a limited time meeting is not an effective method for good faith asks for owner feedback, especially when there are sweeping inappropriate changes proposed.
Then we may have to have several meetings. We also accept written comments if you prefer that method. There is no rush for this document as it is not a restriction. A guideline is a training manual for ACC members and is useful for all members.
Excellent points Meg. If there are areas you feel “are ludicrous, violate law, are absolutely not in the best interest of MNW homeowners” please help us identify these things by participating in the process. We can capture all your thougts at the meeting.
Can you just post what the updates are?
I have been in MNW since 1983. Section5 which was changed to something else many years later.
Through out the years when I’ve dealt with HOA attorneys I was told that once the HOA allowed an ARC variance it became legally part of the ARC guidelines for all MNW homeowners for the future and no court would back the HOA changing that variance. Additionally if the “violation” was NOT approved but not challenged by the HOA. That violation became an acceptable variance in a court of law
The cars in a driveway has been allowed since 1983 and it would be costly for the HOA trying to enforce this change
George, you may be confusing Sections and Areas. Sections are part of the legal description of the house and would be found on your HCAD documents and your title. Areas were created as “political” boundaries to assign an Area Director to represent you on the board. You are in Area 3. Area boundaries could have changed when the number of members on the board changed.
Cars in the driveway are not being prohibited at all in this document. There seems to be a bit of an uproar about it. An architectural guideline would not enforce parking in any way. That said getting the cars off the street would be a good thing and would improve the appearance of the commnuity and improve safety.
I think there needs to be clarification about cars in driveways. If they are an attractive nuisance, does that mean we’ll get violation letters for having our cars in the driveway? If the answer is no, can we rewrite this so it’s clearer?
I know you’ve all put a lot of time and thought into this document. I also know that you all love this neighborhood and want to keep it safe and beautiful. I’m grateful for all of you who serve on the HOA board and take the time to do this and I think it’s good to clarify and update some of these guidelines to keep them in line with newer technology.
Guidelines written in shall language are no longer guidelines, they are now effectively restrictions without being part of the legal deed restriction. This language needs to be changed. The committee will have very little ability to use good judgement if required to follow such restrictive language in a guideline. Zero tolerance language rarely produces the desired outcome.
In the interests of neighborhood safety in the absence of street lights, the light temperature should be raised to allow daylight.
I would like to see less restrictions on homeowners and not more. Many of these guidelines feel like “overreach”.
When you come to the meeting, please bring your list of items you would like to have changed or to discuss concerning the intent.
Was this document emailed to the residents? I only saw this because of a comment on the FB site. Some of these “proposed changes” are over stepping and ridiculous.
Not being able to park my car in my own driveway is going too far. First of all, it is my driveway and as long as the car is not on cinder blocks or posing any harm to others, the HOA has no right to say anything. Times have changed since having 2 cars was a luxury. I have a 3-car garage but I also have no storage in this home. So guess where I store things? This makes my 3-car garage a 2-car garage.
I surely hope you listen to the homeowners and what they want for their neighborhood
Denise, this was sent via the neighborhood email system. I see you have been on that mailing list since 2014. I think that is when we started using that system.
There have been many comments here about not being allowed to park in driveways. I don’t believe the document states that anywhere in it. It does suggest it is an attractive nuisance. That does not mean it is prohibited.
From deed restrictions – MNW Sec 8 – Amended:
“These covenants and Restrictions may be amended, altered or modified at
any time by an instrument signed by the owners of a majority of the lots in
Memorial Northwest, Section Eight (8), which instrument shall be effective upon
being recorded in the Official Public Records of Real Property of Harris County,
Texas.”
This seems to me to say that if you can get at least half of the residents in your section to agree to discard/modify over-reaching restrictions, then you can make that happen fairly easily…
Joe, that is correct for the restrictions for each section. We are not modifying any restriction documents.
We are revising the ACC guideline documents. These are updated periodically to incorporate changes in law, technology, or available materials. The last time we revised this document was in 2012.
If there are clarifications need in this document, comments are greatly appreciated. The more individuals that participate the document reads as intended.
Hi My name is Mike and I love this Neighborhood, but this draft shows nothing more than a willingness of the HOA to make things easy to fine homeowners instead of taking care of homeowners. Here are my direct comments and I do contracts for a living so I can in fact read what you are trying to accomplish:
Statement: The development of Memorial Northwest Subdivision began in 1970. The homes were
constructed for single-family use. Each home featured a two or three car garage providing a secure place to store a personal vehicle out of public view. Vehicle’s parking in public view like driveways and streets are considered attractive nuisances placing the community at risk.
Answer: I have a 5 bedroom house with a two car garage, where else to park my vehicles than in MY driveway! It is MY driveway!!!!!! You have no jurisdiction regarding parking my car in my driveway.
Statement: Street lighting was accomplished by a six-foot post light fixture either electric or natural gas. Each post light fixture provided up to 800 lumens of warm light. The post placement on each property was aligned uniformly from the street. This provided a warm uniform lighting along the street for pedestrians, bicycle, and vehicle use.
Answer: If you require lighting, then you should provide. We are not required to purchase a home without lighting and then put in lighting. You greenlighted the sale and therefore the new owner is required to keep property as is. If you want to pay off my mortgage, and then I’ll make the updates you want.
Statement: Addition of a storage area does not qualify as a room addition (See Outbuildings and Structures)
Answer: So I am to fit 4 cars in a two car garage but can’t build a larger garage to comply with your first point? Then you should pay to build a bigger garage for me
Statement: Room additions must be air-conditioned space for heating and cooling; window units are not allowed. Split systems are allowed provided the condenser and evaporator unit are not visible from any external (public) view.
Answer: If I have to make room additions to fit my cars that are in MY driveway then you will pay for the air conditioning and the additional space since you state window units are not allowed.
Statement: The room addition may not exceed in size one-third (1/3) of the remaining backyard and may be denied for other reasons such as architectural suitability.
Answer: Lay out the other reasons or you appear a dictator, not acceptable legal language. I will have to file if you reference me for trying to comply with your mandates.
Statement: A room addition beyond single-family use shall be denied.
Answer: What does this mean, no office, no storage space, no carport? This needs elaboration
Statement: Play equipment when not in use must be stored so they can’t be seen from any street and/or from the adjacent property at ground level.
Answer: This is not feasible and you know it, removing large equipment each time as a requirement is a bad faith effort to not have it in the first place. You do not get to dictate what I have in MY backyard or driveway!
Statement: Only Energy Star rating for Southern climates is acceptable. The energy performance of all ENERGY STAR qualified windows, doors, and skylights must be independently tested, certified, and verified according to test procedures established by the National Fenestration Rating Council (NFRC).
Answer: Are you paying for the testing? I don’t have to test my upgrade so you can get more money from me, this is draconian. If it is an upgrade and meets the energy starr requirement with paint schemes matching home already then I will not be testing anything.
Statement: In ground swimming pools and spas are great additions to a home provided the installation is done in a professional workmanship like manner and exceeds all federal, state, and local codes and regulations.
The ACC application must contain the technical specifications of the pool or spa to be installed and must delineate the location and size of the pool including all equipment on a survey.
Answer: Why does the ACC need an application if it meets all federal, state, and local codes and regulations. Are you above the law?
Statement: If Cedar is approved but #2 is not and the looks like #3 is not approved, are you paying the difference because Cedar cost more than the other
options? You will need to pay the difference if all look acceptable but would cost us more money.
Statement: Yard and Holiday Decorations
All decorative embellishments must be aesthetically pleasing and conform to the predominant landscaping architecture within the Association.
There shall be no decorative accessories such a sculpture, birdbath, fountain, bench seating, tree swing, hammock, or any other decorative embellishments placed on any lot visible to any public street unless approved in writing by the ACC.
Holliday decorations, temporary in nature, are permissible during the following periods:
1. Fall decorations may be installed and displayed on the Saturday two weeks prior to
October 31 and then removed by Sunday night after October 31; except when October 31
falls on a Sunday, then all decoration are removed by the following weekend.
2. Winter decorations may be installed and displayed starting on the day after Thanksgiving
Day until the seventh (7) day of January.
All temporary decorations deemed offensive, obscene, or displayed beyond a reasonable time
period must be removed when requested in writing by the ACC
Answer: State a local law for us not to be able to display these things in our yards, is it also a local law stating when we can have holiday decorations? If this is not covered under a local law, you have no jurisdiction to decide timeframes of when or what we put in our yards. Your jurisdiction is to ensure it is tasteful. A bench is tasteful and I can take you to court for religious reasons if you try and dictate the time frames I have my holiday decorations up.
Statement: Exterior Lighting Light Pollution is the inappropriate or excessive use of artificial light perceived as a nuisance by neighbors or disrupts the natural rhythms of the ecosystem of nature. Owners are required to control all artificial lighting sources at all times. The following provides guidelines are intended
to achieve a harmonious balance. Color Temperature All general-purpose lighting used for continuous use from dusk till dawn shall be less than 3,000 Kelvin.
Answer: When you get the crime out of our neighborhood then you will have standing with this, but you can’t stop crime so we will light our house as we see fit to avoid the crime. Hire more security or remove this incredibly wrong requirement.
Statement: Renewable Energy Sources – Solar, Wind, Generators
Renewable energy projects or additions are encouraged and considered on a case-by-case basis and may be approved. The application must contain the technical specifications, color selection, exact location of all equipment either/or on a survey, aerial view, or plat plan. All wiring, conduits and structural attachments must be of a material or coated/painted to blend harmoniously with the roof or siding, installed straight and square to all building lines. Generators shall not exceed 65 decibels when running. Additional sound attenuation may be required to meet this requirement.
We live in hurricane prone area, I will run as big of a generator as I need and provide power to my neighbors. Are you saying taking care of you family and your neighbors is discouraged because too big of a Generator is bad? Again your language doesn’t have any lawful standing.
Statement: Flags No flag may be permanently displayed other than the flag of the United States, State of Texas, or a branch of the United States Armed Forces in accordance with the Texas Property Code. All flags permanently displayed requires an ACC approval to be on file with the Association for the property. Flags, flag staff and flagpoles shall always be always maintained in excellent condition as determined by the ACC or the Association. The Association reserves the right to determine if all aspects of this standard are being adhered to. The ACC or the Association may request in writing for an owner to correct any defect of these
standards and require the removal if corrections are not made within 3 months of notice. The following flags may be displayed permanently:
1. The United States flag may be displayed in accordance with all provisions of 4 U.S. Code §§ 1 – 10. 2. The Texas State flag may be displayed in accordance with Texas Government Code – Section 3100. 3. A branch of the United States armed forces may be displayed provide not in conflict with 1 and 2 above and in accordance with the branch of service.
Answer: I will fly my American Flag and not get your approval and not remove it or you will see me in court, no questions! Even if it is bigger than you draconian size requirement
Statement: A garage conversion to livable space is prohibited. Livable space may be constructed above a garage provided architectural plans and specifications are submitted for approval. Exterior finishes must complement the existing residence as determined by the ACC. Porte Cochere conversions are not permitted unless approved by the ACC. Exterior finishes must complement the existing residence. Porto Cochere must be an integral part of the residence. A Porte Cochere may not be used to store or park vehicles. Carports structures are prohibited.
So I can’t extend my garage to house my cars and trucks, but I also can’t build a carport to protect them. So you now need to buy my extra vehicles from me in order to comply. That is the only way to get out of your mandates, is to sell my cars. Not feasible
Statement: Window Air Conditioning Units
Window units whether mounted in windows or a wall are prohibited regardless of whether it may be seen.
Answer: This is also unreasonable, we live in Texas. So you are more concerned about a window unit you can’t see than people dying of heat exhaustion?
Strange stance to take
Trash and Recycling Vendor
The Association negotiates reduced rate contract for trash and recycling services for all owners within the Association at a reduced rate. Owners are required to contact this vendor to apply for services or may seek alternative means for trash service.
Answer: Do better or you will pay for our trash pickup. I’ll take you to court to have this enforced.
Staging Period for Trash and Recycling Trash and recycling containers must always remain out of site from public view at all times except during the staging period. The trash and recycling staging period is from dusk (evening twilight) the day before and by 8 PM the day of pickup.
Answer: I’ll put out my trash the day before at anytime, what if I am going out of town? You are more concerned with appearance than doing the right
thing, I see your pattern.
Statement: Storage Prohibited All unapproved storage of any kind on a lot including, but not limited to, vehicles, boats, trailers, campers, trash, trash cans, rubbish, toys, furnishings, storage containers of any kind, dumpsters of any kind, materials of any kind, etc. is strictly prohibited.
Answer: You can’t see it, why does it matter? The HOA seems to want to fine for everything. After reading this I will be getting a lawyer as you have
set your pattern.
A lot of great comments to add to the discussion. All of your comments will be addressed. Reminder, this is a guideline and not a restriction document. It is used for a different purpose.
I suggest becoming familiar with the Deed Restrictions in Section 18. Here is the link:
http://mnwhoa.org/wp-content/uploads/2016/01/MNW-SEC-1825COUNRTY-EST.pdf
Trash company is in the neighborhood today working to collect what was missed yesterday.
That is great. We look forward to your attendance.
I own an RV and when preparing to leave on a trip bring it to my home and park it in the driveway for a short period of time to get it ready and load for the trip or unload after the trip. Previous guidelines allowed me to do this as long as it was not parked for more than 60 hours in any 72 hour period. This new guideline removes this wording and appears to require me to get HOA approval each time before bringing my RV which is unacceptable. I believe this section should be left as it was previously.
Additionally we enjoy decorating for all holidays not just Halloween and Christmas. We like to put up our decorations at the beginning of the month of the holiday. I understand the need to have a deadline for removing decorations but to stipulate the day you can put them up and what holidays you can decorate for is way to restrictive.
Robert, the Restrictions have not changed that state 60 hours in a 72-hour period as this is a guideline for the ACC. Please let me know what section of the guideline that concerns you? Your interpretation is not the intent.
My humble opinions….
1) these are “GUIDELINES” but use a lot of “shall” language. “Shall” language implies mandatory action, while a “guideline” is a guide. It would be good to clarify how mandatory these are…. and how will “guidelines” be enforced?
2) School spirit signs are inclusive of Doerre, Klein, and Theiss only (page 16). What about the kids on the other side of Champions Forest that go to Klein Cain? Or the ones that go to the IB program at Klein Collins? Or that go to a Harmony school? Or private school? Are those kiddos and parents not allowed to also display their school pride? …..
3) “Operating a business within the subdivision is specifically prohibited within the covenants and restrictions.” (page 23) – is this still relevant in a post-pandemic era? what is meant by “operating a business”? If I work from home, am I operating a business? If I side hustle on poshmark, am I operating a business? If I bake cookies and sell >$3k per year, am I operating a business? How would the HOA know and if I’m paying all my taxes (and on the up and up), why the cease & desist and copy to the state? It is legal to have a home food business in the State of Texas (https://texascottagefoodlaw.com)
New Wording
Storage Prohibited
All unapproved storage of any kind on a lot including, but not limited to, vehicles, boats, trailers, campers, trash, trash cans, rubbish, toys, furnishings, storage containers of any kind, dumpsters of any kind, materials of any kind, etc. is strictly prohibited.
Storage on a lot may only be permitted by approved ACC to facilitate maintenance or renovation for a specific period of time.
Old wording in section 9 stated
No boats of any type, trailer(s) of any type, camper(s), and or mobile home(s) of any character may be permanently parked or stored on any lot or street except in a closed garage or in such a manner that it is not visible from any street. Any such vehicle so parked or stored for a period of time in excess of sixty (60) cumulative hours during any seventy-two (72) hour period shall be deemed to have been parked or stored in a permanent manner.
The last sentence was left off the new and replaced with the need for ACC approval.
Thank you Robert for bringing this excellent point forward. This is a great example pointing out the difference in the hierarchy of documents (See previous post remark). The restrictions are used to determine if a violation exist. The guidelines provide guidance on how to achieve compliant storage.
Because the restrictions limit storage to “60 hours or not visible from the street,” the guidelines point out the dilemma for homeowners and committee members to consider. The guidelines provide the means to build an improvement to accommodate storage while meeting the restrictions.
My 2 cents:
Holiday decorations: I think Thanksgiving decorations should be permitted after Halloween.
Lighting color temperature: Recommend less than or equal to 4100K for all exterior lighting (versus 3000K).
Post light fixture: 800 lumens isn’t bright enough to see front yard at night; I recommend 1600 lumens since MNW has no street lights.
Generators: I recommend changing limit from 65 decibels to 70 decibels. Case in point: Generac standby generators are 67 dB. Also, portable generators are 70-100 dB and I’d much rather a neighbor installed a 67dB Generac than use a 100dB portable (which is >8X louder).
Concrete: I think a strip of concrete on the side of the garage, and walkway from the garage to the back door should be permitted.
Roofing Materials: I think Atlas Storm Master (Weathered Wood, Majestic, etc) and Atlas Pinnacle (Weathered Shadow, etc) should be added to the approved list. I would also like to see a “recommendation” to use Algae Resistant shingles since so many MNW roofs are covered with black mold & algae. The ones I listed are algae resistant.
Staging Period for Trash & Recycling: I presume that some exception shall be made for trash bins that Texas Pride fails to pick up so frequently; maybe OK to leave out until 8pm the next day if not picked up?
Siding: No mention of rotted siding or which replacement types are allowed?
Yard: No mention of yards with overgrown weeds?
Security Cameras: No mention of security cameras, e.g. saying they’re approved?
Great feedback. Siding and Yard would be deed restrictions not ACC guidelines. No one has ever been written up for garbage cans out waiting on a pickup.
Security cameras are covered by law. The exceptions would be they are installed property, wires hidden, etc. That would be a good add.
I’d like to withdraw my recommendation to increase the lighting color temperature after reading this AMA paper recommending 3000K. Our melatonin production & circadian rhythm are apparently adversely impacted by higher color temperature lighting.
https://www.ama-assn.org/sites/ama-assn.org/files/corp/media-browser/public/about-ama/councils/Council%20Reports/council-on-science-public-health/a16-csaph2.pdf
Thanks for participating in furthering the research to help in the decision process concerning appropriate lighting.
How do owners submit written feedback to the HOA? The HOA has been asked a few times in this discussion how to submit written (email or fax) comments, and has been told that we are welcome to write, but no method has been given.
Send email to info@mnwhoa.org and I will forward to the committee.
I have been a resident of this neighborhood for 49 years. During the first 25 years this neighborhood was a warm and friendly place to live. Unfortunately, ever since the publication of the Memorial Northwest Residential Directory was discontinued our neighborhood entered a downward spiral and has become a cold and unfriendly place to live with the HOA continually sending out complaint letters to residents.
In these letters the HOA demands a particular repair be made to your property in 20 days. However, they lack the ability to provide the names of contractors to help you accomplish what they demand. It seems that the money residents pay to the HOA does not serve them very well.
The directory was published by volunteers and Eleanor Naremore was a significant contributor. We certainly miss her as she was the welcome committee of the community. The character of a neighborhood was significantly shaped by those who volunteer to participate.
I am in agreement with you Lou. We have been here 28 years and our neighborhood is nothing like it used to be. We never got a notice to fix something until the last few years and it was always mildew on the siding I the middle of winter. Well, that stuff comes about in winter! It is always taken care of in spring cleanups. We have always been “allowed” to decorate for holidays with no restriction. Just common sense to take down your decorations at the appropriate time is needed. And flying our great nations flag is a must. Now they want to limit it to a 2.5×4 size on a 20 foot pole, ugh. This is too much over policing of OUR homes, especially the back yards unless it is a health hazard exists ie green pool, dead tree.
I was under the impression that architectural covered architecture ie roof, paint, windows, fences, not when to decorate, what size flag to fly, or what is in your private backyard. The old ACC rules are much more pleasant and neighborly.
Sounds like a little mis-understanding or missed -information. The 2012 guideline already defines flags as nothing materially has changed. Texas law did change and the new guideline addresses this.
Concerning decorations, the 2012 guidelines require getting permission. The new guideline is attempting to define a reasonable grace period.
Remember, this document is guiding the committee in their decision. This is where your input is important. If the subject is not covered, the committee decides as they see fit.
The old guidelines have no mention of the size of the flag to be used. The new proposed guidelines say 1. The maximum flag size shall be no larger than two and a half (2.5) feet by four (4) feet. I do believe the flags that KHS puts out have 3×3 flags attached to them. The flag store on Louetta recommends a 4×6 flag size for a 20 ft. pole.
I’ve been trying to research the guidelines on holiday decorations but can’t seem to find the information. I’ve read the 2011 ACC guideline document. It mentions decorations but that seems to be limited to birdbaths and benches. A few years ago, I received a letter for Christmas lights still being on my house and in that letter it said that the holiday season was over and that decorations could only be put up within 30 days of the holiday. But I can’t find that anywhere. If you could point me in the right direction, I’d appreciate it so I can read the guidelines. Thanks!!
The 2012 guidelines require approval for all decorative embellishments. The Board, 3rd VP or ACC may determine the reasonable period for any holiday decorations.
Windows and Doors
I take exception to the phased project approach, as this is what the ACC previously approved for my home. I first replaced the four front windows with Energy Star rated windows. This provided a uniform appearance from the street. I later replaced all other visible windows (either side of house or second story in the back visible from the neighbors) before replacing the lower back windows. I am not suggesting so many phases but believe a phased approach first doing all windows visible from the street and then all remaining windows at a later date should be considered. Replacement of windows is a large investment and homeowners wishing to improve their home should not be penalized if they cannot afford all changes at once.
Yard and Holiday Decorations
I notice quite a few benches and a couple swings in the front yards of homes in my area. I do not understand why these must be approved by the ACC and want to ensure approval is not unreasonably withheld. I know many of the houses with benches in front have young children and the parents sit on the benches while their children play and it seems first gaining ACC approval might be seen as burdensome.
With regards to holiday decorations:
1. “Fall decorations” to me are scarecrows and other items related to harvest, which a homeowner should be able to display during the harvest season of September-November.
2. I believe you are specifically referring to “Halloween decorations” to be displayed the Saturday 2 weeks prior to October 31 to the Sunday following October 31. This wording correction should be made in the guidelines.
3. I believe by “winter” decorations you mean “Christmas” or “Hannukah” decorations which may be displayed from the day after Thanksgiving to January 7. However, Christians of an Orthodox Religion do not celebrate Christmas until January 7, not December 25 as other Christian religions. To be more inclusive, I propose Christmas decorations should be allowed to be displayed until the weekend following January 7 to allow for Orthodox Christians to fully celebrate their holiday.
4. These holiday decorations ignore other religions, like Hindus who often decorate their houses with lights for Diwali. This year, Diwali falls in October. These residents should be allowed to put what to us are “Christmas” lights on their house even though it might be considered a “Winter” or “Christmas” decoration in accordance with the freedom of Religious Display. I only raise this as I do not want to pay the Management Company’s sending of letters for things that should not be violations.
5. Speaking of the management company, as there have been notices for wreaths on doors past holidays, I think we need to address other holidays. To many residents, including myself, a Valentine’s Day wreath is appropriate for the entire month of February. St. Patrick’s Day is appropriate for the entire month of March, and patriotic decorations on a house (to include wreaths and red/white/blue bunting I think it’s called) are appropriate from before Flag Day in June through the month of July. This should be clarified or the Guidelines should distinguish yard displays from wreaths on the door.
Mailboxes
With regard to brick mailboxes, brick should “match or compliment” the home. Many homes have existing brick mailboxes utilizing brick that matches the home. However, as we have seen, these mailboxes can be destroyed in an auto accident or by someone creating mischief. It might be impossible for these homeowners to now find an exact match to their brick decades later, so brick that compliments the existing home brick should be considered.
Flags
First, why are flags on a flag staff or flagpole considered “permanent display” when the flag itself can be removed?
Second, with the neighborhood being home to immigrants, why the limitation to the US Flag, the Texas flag, or a branch of the US Armed Forces? These residents should be allowed to display the flag of their home country. This could be limited to be inconjunction with display of the US flag or to only be on days significant to their home-country (i.e. Australian Flag on ANZAC Day) but the ACC should be more inclusive.
Third, on Temporary Flag Display, you are missing: Flag Day in June and Patriot’s Day in September. These should be added to the list.
Finally, what about decorative flags for the holidays?
Driveway and Sidewalks
As residents are rightfully required not to park on the grass, I wonder why driveways cannot exceed the width of the garage. Shouldn’t a resident be allowed to add a parking pad (easement permitting) to park a car on instead of parking on the street if there is not enough room in the garage?
Storage Prohibited
I find this section confusing. What is unapproved storage of items like trash cans? If it’s behind a little fence to not be visible to the street, is that approved or unapproved? I think this section is abused by the management company in their drive-bys, where families are penalized for a kid who left their bike in the driveway or in the yard. It may not be a routine occurrence but it does not seem the management company is reasonable in thinking about the time of day, if there is a logical reason, etc. when issuing violation notices.
You’re changing Paragraph 21.1 in the 2012 guidelines from allowing window air conditioners that are not visible from the street or shielded from public view (page 17 in 2012) to not allowing them at all on page 21 of the draft?
I like the elaboration of roofing materials in the draft, but what happens if technology changes? As I read, you will approve something of superior quality?
Re Yard Waste: I am assuming that the large leaf bags are considered a “closed container” for this purpose? Certainly, you do not mean a closed trash can for bags of mowed grass?
I do like the trash cans being stored out of sight other than trash day or the “staging” time.
Finally, how is parking in one’s driveway an attractive nuisance? Are you referencing the car break-ins occurring in the driveways being the “attractive nuisance”? If so, does such an attractive nuisance only become a cupable nuisance in the instance if someone is injured? (I can see cars parked on the curb being an “unattractive” nuisance in so many respects, not to mention line-of-sight obstruction, a danger to pedestrians or bicyclists, especially children, and cars trying to enter or exit their driveways.)