The sidewalks in Memorial Northwest were provided by Harris County and the Municipal Utility District. These sidewalks were placed to serve Theiss Elementary and Doerre Intermediate Schools providing access along Champion Forest Drive and Theiss Mail Route Road. Pedestrians are required to use the sidewalk when it is accessible.
When there is no sidewalk, pedestrians are required to utilize the roadway facing oncoming traffic, unless the roadway is obstructed or unsafe. An obstruction is usually a parked vehicle requiring a pedestrian to either go further out in the street or take their chances walking on the grass. This is the primary reason the Deed Restrictions (contract) limit owners from parking vehicles in the street.
Most of the neighborhood does not have sidewalks, thus adults and children may be present. The average breaking distance for a vehicle traveling at 30 mph is 89 feet. At this speed, avoiding a child when the roadway is obstructed may be difficult. The driver is required to use DUE CARE when pedestrians are present. Due care may include driving below the posted speed limit.
References:
Sec. 552.006. USE OF SIDEWALK. (a) A pedestrian may not walk along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian. (b) If a sidewalk is not provided, a pedestrian walking along and on a highway shall walk on the left side of the roadway or the shoulder of the highway facing oncoming traffic, unless the left side of the roadway or the shoulder of the highway facing oncoming traffic is obstructed or unsafe.
Sec. 552.008. DRIVERS TO EXERCISE DUE CARE. Notwithstanding another provision of this chapter, the operator of a vehicle shall: (1) exercise due care to avoid colliding with a pedestrian on a roadway; (2) give warning by sounding the horn when necessary; and (3) exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway.
Yet streets remain littered with parked cars. Walking my son has become increasingly risky given school traffic. Parents rushing to drop kids off a regularly observe over the speed limit.
This is a deed restriction violation. Take a picture and send it to the management company and your area director to enforce it. The inspectors can’t monitor the daily movement of cars, you can help. The contract of the HOA that homeowners agreed to with the purchase of their home is enforceable by law and is NOT void because the county doesn’t enforce parking. Case law shows that in the state of Texas, if a tenement calls the contract party to a higher standard than the local governing body it is enforceable, only if the standard is lower and allows actions that violate the local codes is the tenement void.
We have deed restrictions that limit parking in the street? Then, why are they not enforced and exactly what are the rules about parking in the street?
Please advise and thank you.
The inspectors can’t monitor the daily movement of vehicles. When you see these violations, you should take pictures with your phone so they have the meta data and time stamp. Send those to your area director and the management company and demand enforcement of the deed restrictions. The rules state that the car must be running if it is parked in the street. Case law shows that the contractual obligation to the homeowners tenements supersedes the counties lack of enforcement. In other words, just because the county allows you to park there doesn’t mean that the contract you agreed to with the homeowners association to follow the restriction of NOT parking in the street is void. Contract law is enforceable.
The Association does ask owners not to park in the street by sending the required letters. Inspectors may not catch this situation as most inspections are done during the day. You may have to help by providing documentation (court evidence) over a period of time. Eventually, with evidence file a lawsuit to enforce the deed restriction (contract obligation). Sometimes just talking to your neighbor may be quicker to achieve the desired result. If you have a bad neighbor, document, document, document. The judges will rule in favor (with lots of evidence) when the witnesses are compelling. Judges do not like bad neighbors either.
So let me get this correct. There are to be no cars parked on the streets? I hope this is the case!!! But my Area Director and Management company may not want my daily emails. I have a car that routinely parks in front of my mailbox or on the curb on both sides of the street in front on my house.
Leave a note on the car to please not block the mailbox or call the owner. The US Postal service does not exit the vehicle to place mail in the box. Our US postal lady for 30 years before she retired would bring mail to the front door. You can’t find good people who go above and beyond anymore.
Smiranda@criptext.com
Our neighborhood seems to have many rules and regulations, that are never enforced. Too many cars parked on streets, moving trucks parked in neighborhood every night, people conducting business from their homes (rental car), fences down, broken cars on driveways, and the list goes on. If you are sending this email with a new rule that many of us were not aware of, why don’t you tell us what is your plan to resolve these situations, some of us always comply but what about the rest?
“Never enforced” is an inaccurate statement. Homeowners may get as many as three letters requesting compliance. Once the certified letter (required by State of Texas) is sent, then legal proceedings may begin. Only a judge may compel an owner to cooperate (enforce the deed restrictions) should the Association prevail in a lawsuit. It may take as long as 4 years to achieve compliance through the courts. If everyone would cooperate on the first or second letter, the assessment may be as much as $50 less expensive.
perhaps getting the school kids to walk on the proper side of Hidden Trail going and coming from Theiss Elem. It would take coordination with the Klein ISD crossing guards and Klein PD.
Hope you can get this done. It would improve the safety of all kids.
This article was intended to emphasize the rules-of-the-road for pedestrians and drivers. It seems schools do not teach our children how important it is to be seen when using the roadway, especially when there are no sidewalks.
The article also points out sidewalks were not part of the development as the roadways were intended to remain clear of visual obstructions. No visual obstructions in and around the roadway means greater safety for pedestrians and bicyclists.
Lastly, this is an appeal to those owners who regularly park vehicles in the street to consider the safety impact to others. Park in the garage and if you must, use the driveway. Keep the roadway clear.