[Quality of Life Committee ]
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HOUSTON CITY COUNCIL CHAMBERS.I'M CHAIR OF THE QUALITY OF LIFE COMMITTEE, AND I'M GONNA CALL THIS MEETING TO ORDER.
WE, IT APPEARS WE DO NOT HAVE A QUORUM, BUT, UH, WE CAN GO AHEAD AND HAVE AN INFORMATIONAL MEETING AND GET SOME GOOD ACCOMPLISHED, AND SO WE'RE GONNA DO THAT.
UM, JOINING ME, UH, TODAY IS COUNCIL MEMBER MARY ANN HUFFMAN FROM DISTRICT G.
WE ALSO HAVE STAFF FROM SEVERAL COUNCIL OFFICES.
UH, JORDAN FRAZIER, FROM COUNCIL MEMBER SALLY ALCORN'S OFFICE IS HERE TO MY LEFT, YOUR RIGHT, ALAN ROMAN.
FROM COUNCIL MEMBER AMY PECK'S OFFICE, UH, PURITA CHAVIS FROM COUNCIL MEMBER, UH, CASTEX TATUM'S OFFICE.
UM, AND WE ALSO HAVE NEXT SEATED NEXT TO ME, UH, JOHN MOSS, MY CHIEF OF STAFF, SONYA SOTO, UH, DIRECTOR OF, UM, EVERYTHING
SO THANK YOU ALL FOR BEING HERE.
UH, WE HAVE AN INTERESTING MEETING FOR YOU.
I THINK THE SUBJECT OF THE MEETING IS DEED RESTRICTIONS, AND WE HAVE TWO LEGAL EXPERTS HERE.
ONE FROM, UH, THE CITY ATTORNEY'S OFFICE AND ONE FROM PRIVATE PRACTICE WHO ARE GONNA TELL US ALL ABOUT DEED RESTRICTIONS, WHAT THE CITY HAS TO DO WITH THEM WHEN THE CITY CAN ENFORCE THEM.
WE'LL ALSO HEAR WHAT NEIGHBORHOODS AND RESIDENTS CAN DO TO TRY TO ENSURE QUALITY OF LIFE AND DEAL WITH SOME OF THE NUISANCES AND IRRITATIONS THAT WE SOMETIMES EXPERIENCE, UH, HERE IN HOUSTON, UH, AS A PRIVATE MATTER WHEN THE CITY CANNOT ACT.
AND SO WITH US TODAY, WE HAVE DAMON CRENSHAW FROM THE CITY ATTORNEY'S OFFICE WHO SPECIALIZES IN THESE SORTS OF ISSUES.
WE'LL HEAR A PRESENTATION FROM HIM, AND THEN WE'LL HEAR FROM, UH, SUSIE RICE, AN ATTORNEY IN PRIVATE PRACTICE.
SUSIE IS A PRINCIPAL IN THE LAW FIRM OF RICE AND RICE, AND, UH, HER PARTNER, GARRETT RICE IS HERE AS WELL.
AND, UM, UM, SUSIE RICE, WHO DOES A NUMBER OF, UH, THESE TYPES OF EVENTS FOR CITY OFFICIALS, WHICH ARE ALL OF GREAT BENEFIT TO HOUSTON RESIDENTS, HAS AGREED TO ANSWER QUESTIONS.
SO, WE'LL TAKE QUESTIONS FROM, UH, THE AUDIENCE, WHETHER YOU'VE SIGNED UP OR NOT.
ALSO, UM, IF ANYONE FROM THE PUBLIC WHO IS WATCHING WOULD LIKE TO ASK A QUESTION, YOU ARE WELCOME TO EMAIL US AT, AT LARGE, THE NUMBER1@HOUSTONTX.GOV.
SO, EMAIL YOUR QUESTIONS TO AT LARGE, THE NUMBER1@HOUSTONTX.GOV, AND WE'LL MAKE SURE YOUR QUESTIONS GET, UH, PASSED ALONG.
SO, UM, I'LL ALSO NOTE, UH, THAT SABRINA SALTS IS HERE ON BEHALF OF COUNCIL MEMBER CASTILLO STAFF HAS ARRIVED AS WELL.
SO, WITHOUT ANY FURTHER ADO, WE'LL GO AHEAD AND GET STARTED.
AND I'LL ASK OUR FIRST PRESENTER TO COME FORWARD.
THAT WOULD BE DAMON CRENSHAW WITH THE CITY ATTORNEY'S OFFICE.
SO, DAMON, I KNOW YOU HAVE A PRESENTATION, BUT WOULD YOU JUST TAKE A MOMENT TO SORT OF INTRODUCE YOURSELF AND A LITTLE BIT ABOUT YOUR BACKGROUND, AND THEN YOU CAN GO INTO YOUR PRESENTATION? CERTAINLY.
UM, MY NAME IS DAMON CRENSHAW.
I'VE BEEN A LAWYER FOR MANY YEARS.
UM, I'VE BEEN DOING DEED RESTRICTION ENFORCEMENT IN THE CITY ATTORNEY'S OFFICE, UH, I THINK ABOUT SIX YEARS.
AND, UM, I WORK WITH A TEAM IN THE CITY ATTORNEY'S OFFICE CALLED THE DEED RESTRICTION ENFORCEMENT TEAM, DRE, FOR SHORT.
AND I MIGHT SAYRE SEVERAL TIMES DURING THE PRESENTATION, SO JUST WANTED TO LET YOU KNOW WHAT THAT IS.
UH, I'VE DONE OTHER TYPES OF WORK.
I'VE, UH, AS I SAID, I'VE BEEN A LAWYER A LONG TIME, ALMOST 40 YEARS, AND, UM, DONE MOSTLY CIVIL LITIGATION TYPE WORK.
UM, I ALSO DO OTHER TYPES OF WORK IN THE CITY LEGAL DEPARTMENT.
DAMON, COULD YOU MOVE JUST A LITTLE BIT CLOSER TO THAT MICROPHONE? THE ACOUSTICS IN THE ROOM ARE NOT THE GREATEST, SO, GREAT.
AND, AND FEEL FREE TO, UH, MOVE INTO YOUR PRESENTATION WHEN YOU, WHENEVER YOU WANT.
AND, UH, WHAT I'M HERE TODAY TO DO IS TO TALK ABOUT WHAT THE CITY, UH, AND THE LEGAL DEPARTMENT IN THE CITY CAN DO AND CANNOT
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DO REGARDING ENFORCEMENT OF DEBT RESTRICTIONS.UH, WHEN I FIRST CAME TO THE CITY ATTORNEY'S OFFICE, I WAS FRANKLY SHOCKED THAT THE, UH, GOVERNMENTAL LAWYERS ARE ENFORCING DEED RESTRICTIONS BECAUSE DEED RESTRICTIONS ARE PRIVATE CONTRACTS.
IT'S A SPECIAL SITUATION THAT THE CITY OF HOUSTON AND A FEW OTHER CITIES AND THE COUNTY, FOR INSTANCE, HARRIS COUNTY HAS THE ABILITY TO DO.
UM, BUT IT WAS SURPRISING TO ME, EVEN WITH MY EXPERIENCE AND MANY YEARS AS A LAWYER, THAT, UH, GOVERNMENTAL LAWYERS WERE ENFORCING THESE PRIVATE CONTRACTS.
I THINK THE REASON THAT, UH, THE STATE DECIDED TO GIVE THE CITY THE AUTHORITY TO ENFORCE THESE PRIVATE AGREEMENTS, UM, WAS BECAUSE CITY OF HOUSTON DOESN'T HAVE ZONING.
AND, UH, IT'S IMPORTANT FOR SOME OF THESE ISSUES TO BE ABLE TO, UM, HELP THE CITIZENS ON CERTAIN ASPECTS.
UM, I WILL POINT OUT, UM, THAT WE'RE RESTRICTED IN WHAT THE STATE GAVE US AUTHORITY TO DO.
SO WHILE WE CAN ENFORCE DE RESTRICTIONS, WE CAN ONLY ENFORCE SOME DEED RESTRICTIONS.
SO THAT'S WHAT I'M GOING TO TALK ABOUT TODAY.
I'M GONNA TALK ABOUT GENERALLY WHAT DEED RESTRICTIONS ARE JUST TO, UH, YOU KNOW, TO SET IT UP.
UM, MS. PRICE WILL BE ABLE TO DISCUSS THAT IN MORE DETAIL LATER.
I'M GOING TO DISCUSS, UH, WHAT THE CITY DOES, UH, WHAT OUR AREAS OF AUTHORITY ARE AND WHAT WE'RE NOT ABLE TO DO.
I'M GOING TO DISCUSS, UH, SOME OF OUR PROCEDURES AND ENFORCEMENT, AND I WANT TO GIVE THE COUNCIL MEMBERS AND THE PUBLIC INFORMATION ABOUT HOW TO CONTACT US AND HOW TO MAKE A COMPLAINT FOR DE RESTRICTIONS.
DAVID, IF I COULD STOP YOU DEAR, UH, JUST, JUST IF YOU'RE IN THE AUDIENCE, UH, WE HAVE THE PRESENTATION UP ON THE TELEVISION SCREENS TO YOUR LEFT, IF YOU CAN CRANE YOUR HEADS AROUND, YOU'LL BE ABLE TO SEE, UH, THE PRESENTATION AS WE CAN.
ALRIGHT, UM, SO, UH, LET'S GO TO THE NEXT SLIDE.
FIRST OF ALL, DEED RESTRICTION IS A COVENANT.
IT RUNS WITH THE PROPERTY THAT SOMEBODY OWNS.
IT, IT IS, UM, IT IS A PROPERTY TYPE OF REGULATION.
IT AFFECTS OWNERS AND TENANTS OF REAL PROPERTY, AND IT LIMITS PROPERTY WITHIN A SUBDIVISION.
AND I WANT TO MAKE CLEAR AGAIN, THAT DEED RESTRICTIONS ARE PRIVATE CONTRACTS, JUST LIKE A LEASE OR CONTRACT TO PURCHASE A CAR, OR, YOU KNOW, WHEN YOU GET ONTO A WEBSITE AND THEY HAVE, YOU MUST AGREED ALL THESE TERMS AND IT JUST GOES ON FOREVER AND NOBODY READS THAT.
UH, THOSE ARE CONTRACTUAL AGREEMENTS THAT YOU MAKE WHEN YOU CLICK ON THAT.
RESTRICTIONS ARE CONTRACTUAL AGREEMENTS, AND FRANKLY, LIKE SOME OF THOSE LEASES AND CAR PURCHASES AND COMPUTER STUFF, THEY CAN BE VERY COMPLICATED.
IN SOME WAYS THEY SEEM STRAIGHTFORWARD, BUT IN OTHER WAYS THEY'RE COMPLICATED.
UM, THE CITY DOES DEED RESTRICTION ENFORCEMENT THROUGH LAWYERS FOR A REASON, IS BECAUSE THEY'RE LEGAL DOCUMENTS.
AND AS YOU KNOW, LEGAL DOCUMENTS CAN BE COMPLICATED.
THE CITY DOES NOT WRITE THESE PRIVATE, UM, CONTRACTS.
UM, THE PRIVATE CONTRACTS ARE NOT FILED.
THESE DEED RESTRICTION DOCUMENTS ARE NOT FILED WITH THE CITY.
THEY'RE FILED WITH THE COUNTY CLERK AND THE REAL PROPERTY RECORDS.
UM, THE PARTIES TO THESE PRIVATE CONTRACTS DO NOT LET THE CITY KNOW THAT THEY'RE FILING THESE THINGS.
THEY JUST FILE 'EM DOWN AT THE COUNTY CLERK'S OFFICE.
WE DON'T GET ANY NOTICE OF CHANGES THAT COME TO THEM.
UM, IF WE WANT TO KNOW WHAT THE DEED RESTRICTIONS SAY, WE GO TO THE COUNTY CLERK'S REAL PROPERTY RECORDS, WE GO TO THE COUNTY CLERK TO FIND OUT, UH, WHAT THE DOCUMENTS ARE AND WHAT THEY SAY.
AND FOR EVERY CASE THAT WE REVIEW, WE PULL THE DE RESTRICTIONS AGAIN.
AND THE REASON FOR THAT IS, AS I SAID, WE DON'T GET NOTICED IF THERE ARE CHANGES.
SO WE MIGHT HAVE RESEARCHED A PARTICULAR SUBDIVISION LAST YEAR, BUT WE DON'T KNOW IF IT'S CHANGED SINCE THEN.
SO WE START OVER, UH, AND PULL THE DOCUMENTS NEW.
UH, SO LET'S GO TO THE NEXT SCREEN.
UM, AS I SAID, UH, THEY'RE DOWN AT THE COUNTY CLERK'S OFFICE.
DE RESTRICTIONS CAN BE FOUND IN A PLAT MAP, WHICH IS KIND OF UNUSUAL.
NOW, EARLY ON, UM, THERE WERE SOME COVENANTS AND RESTRICTIONS PUT ON PLATS, BUT IT'S UNUSUAL TO HAVE THAT FOR ANYTHING RECENTLY DONE.
BUT WE STILL LOOK AT THE OLD DOCUMENTS.
WE'VE SEEN DOCUMENTS A HUNDRED YEARS OLD.
SO, UH, WE HAVE TO GO BACK AND, AND REVIEW ALL THOSE THINGS.
UH, AND THAT AGAIN, WAS THE OLDER WAY THINGS WERE DONE.
AND I THINK THE REASON WHY THEY'RE CALLED DEED RESTRICTIONS
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IS BECAUSE TYPICALLY WHEN DEVELOPERS WOULD DEVELOP A SUBDIVISION BACK IN THE EARLY 19 HUNDREDS, THEY WOULD PUT THEM IN THE INDIVIDUAL DEEDS TO THE FIRST OWNER OF THE PROPERTY.AND SO THEY BECAME KNOWN AS DEED RESTRICTIONS.
WELL, THAT PRACTICE, WHILE WE STILL DEAL WITH THOSE, THAT PRACTICE IS LESS COMMON, DEED RESTRICTIONS NOW ARE, ARE MOST OFTEN PUT IN SEPARATELY FILED DOCUMENTS THAT ARE CALLED DEED RESTRICTIONS OR COVENANTS OR SOMETHING OF THAT NATURE.
UM, THERE CAN BE AMENDMENTS TO THEM.
AS I SAID, CHANGES ARE MADE, UH, WE GET CHANGES, UH, THINGS THAT CHANGE, UH, ON A REGULAR BASIS.
SO WE CHECK ALWAYS TO SEE WHAT THE CURRENT STATUS IS AT THE TIME THAT WE OPEN UP A DE RESTRICTION FILE.
DAMON, IF I COULD JUST STOP YOU FOR, FOR A SECOND.
I WANNA WELCOME COUNCIL MEMBER WILLIE DAVIS, UH, TO THE, UH, D DAIS AS WELL AS STAFF FROM, UH, COUNCIL MEMBER FRED FLICKINGER OFFICE AND COUNCIL MEMBER TARSHA JACKSON'S OFFICE.
SO, SO WE HAVE THREE ABBY, ABBY CAMAN, I'M SORRY.
UH, SINCE WE HAVE, UH, THREE COUNCIL MEMBERS, WE TECHNICALLY HAVE A QUORUM AT THIS TIME.
UM, AND AS IT STATES ON THE SCREEN, A PROPERTY OWNER MAY GET COPIES OF THEIR DEED RESTRICTIONS, UH, DURING THE PURCHASE OF THEIR PROPERTY, BUT THAT DOESN'T ALWAYS HAPPEN.
IN FACT, UH, MY EXPERIENCE HAS BEEN THAT IT USUALLY DOES NOT HAPPEN THAT THEY GIVE OR THAT THEY RECEIVE A COPY OF THE DEED RESTRICTIONS.
UM, IT IS, THE DEED RESTRICTIONS ARE THEIRS, AND WHEN THEY BUY THE PROPERTY, THEY'RE SIGNING ON TO THE DEED RESTRICTIONS ON THAT PROPERTY.
SO IT'S IMPORTANT FOR BUYERS OF A PROPERTY TO KNOW WHAT THEIR DEED RESTRICTIONS ARE, UM, AND THEY HAVE THAT DUTY TO FIND OUT THEMSELVES.
UM, WE BELIEVE IT'S A VERY GOOD IDEA FOR CIVIC ASSOCIATIONS, HOMEOWNER, HOMEOWNERS ASSOCIATIONS, AND NEIGHBORS.
WHEN SOMEBODY NEW COMES INTO THE NEIGHBORHOOD, LET 'EM KNOW ABOUT YOUR DEED RESTRICTIONS.
WE ALWAYS, UH, THAT'S ONE OF THE VERY LITTLE THINGS THAT WE GIVE ADVICE ON.
THAT'S NOT LEGAL ADVICE, THAT'S JUST COMMON SENSE ADVICE.
UM, IT'S IMPORTANT FOR ENFORCEMENT FOR, UH, THE SUBDIVISIONS TO LET PEOPLE IN THEIR SUBDIVISION KNOW WHAT THEIR DEED RESTRICTIONS ARE.
NEXT SCREEN, UH, TYPICALLY IN THE PAST OR EVEN EVEN CURRENTLY, WHEN A DEVELOPER DEVELOPS A NEW SUBDIVISION, THEY TYPICALLY PUT IN DEED RESTRICTIONS.
THAT'S THE EASIEST WAY THEY GET, UM, UM, CREATED.
UH, DEVELOPER OWNS ALL THE PROPERTY IN THE SUBDIVISION.
THEY GET THE SUBDIVISION PLATTED, AND THEN THEY DO DEED RESTRICTIONS THAT APPLY TO ALL OF THOSE.
THERE ARE WAYS, HOWEVER, TO CREATE DEED RESTRICTIONS FOR SUBDIVISIONS THAT ALREADY EXIST.
UM, FOR INSTANCE, IF YOU GET 100% OF THE OWNERS OF THE PROPERTY IN THAT SUBDIVISION, THEY CAN GET TOGETHER AND CREATE DEED RESTRICTIONS, OR YOU CAN GO, UH, OF COURSE, A HUNDRED PERCENT IS NOT AN EASY THING TO DO.
AND SO, UH, WHAT HAPPENED THAT WAS THE HISTORICAL WAY THAT IT WAS DONE.
OR IF DEED RESTRICTIONS WERE ALREADY PUT IN BY THE DEVELOPER, UH, TYPICALLY THEY'D PUT IN LANGUAGE ABOUT CHANGING OR AMENDING OR CREATING NEW DEED RESTRICTIONS.
AND SO YOU CAN FOLLOW THOSE RULES THAT ARE IN THE EXISTING DEED RESTRICTION, OR YOU COULD GET A HUNDRED PERCENT OF THE OWNERS TO GET TOGETHER AND DO IT.
SO THE STATE LEGISLATURE DECIDED, UH, TO, UM, CREATE CHAPTER 2 0 1 IN THE TEXAS PROPERTY CODE.
AND, UH, I'M NOT GONNA GO INTO DETAILS ON THAT, BUT THERE'S A LOT OF DETAILS.
AND, UH, IN THAT PARTICULAR METHOD, UM, PROPERTY OWNERS HAVE AN OPTION TO OPT OUT OF BEING, UM, BOUND BY THE DEED RESTRICTIONS.
IT ONLY REQUIRED, UM, 50% PLUS ONE OF THE PROPERTY OWNERS OR OTHER, SOME OTHER MEASURES TO, UM, ENACT THOSE DEED RESTRICTIONS.
AND SO, UM, THAT MADE IT EASIER TO ENACT DEED RESTRICTIONS, BUT IT RESULTED IN A KIND OF CHECKER BOARD, UM, UH, ENFORCEMENT ABILITY WITHIN A SUBDIVISION.
'CAUSE NOT EVERYBODY WOULD SIGN ONTO IT, THEY WOULD OPT OUT.
SO THEN ABOUT 10 YEARS AFTER THAT, THE, UH, LEGISLATURE DID CHAPTER 2 0 4.
AND, UM, IN THAT PARTICULAR PROVISION, THERE IS NO OPT OUT.
IT WILL APPLY THE DE RESTRICTIONS CREATED UNDER 2 0 4.
AND AGAIN, THERE ARE A LOT OF DETAILS THEY WOULD APPLY TO EVERYBODY.
UH, IT REQUIRES THE CREATION OF A PROPERTY OWNER'S ASSOCIATION, PLUS A WHOLE LOT OF OTHER STEPS.
UM, BUT THOSE ARE GENERALLY THE WAYS THAT DEED RESTRICTIONS ARE CREATED.
NEXT SCREEN, UM, THEY CAN BE ENFORCED.
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DEED RESTRICTIONS CAN BE ENFORCED BY ANYBODY WHO IS A PROPERTY OWNER, UH, THAT IS SUBJECT TO THOSE DEED RESTRICTIONS, OR EVEN IN THE SUBDIVISION IF THEY OPTED OUT.UH, A HOMEOWNER'S ASSOCIATION OR CIVIC CLUB, OR THE CITY ATTORNEY MAY ENFORCE SOME DEED RESTRICTIONS.
AND AS I SAID, UH, THE KEY WORD THERE IS SOME, UH, WE ARE LIMITED IN WHAT WE CAN DO.
WE WERE GRANTED THE AUTHORITY TO ENFORCE D RESTRICTIONS IN THE TEXAS LOCAL GOVERNMENT CODE.
GIVES YOU A SITE THERE, 2 12, 1 51.
UM, AND THE REASON FOR THAT, OF COURSE, AS I SAID, UH, HOUSTON DOESN'T HAVE ZONING.
SO THEY FELT LIKE THEY, UH, HOUSTON NEEDED AN, AN ABILITY TO DO SOME KIND OF ENFORCEMENT.
AND, UH, THIS IS THE, THIS IS WHAT WAS DONE.
MOST CITIES REGULATE THEIR, UH, LAND USE THROUGH ZONING LAWS.
SO WE WERE GIVEN THE ABILITY TO ENFORCE DEED RESTRICTIONS, WHICH ARE VALID AND ALREADY CREATED PRIVATELY.
UH, COMMON THINGS THAT YOU SEE IN D RESTRICTIONS ARE, UH, LIMITING THE USE OF A PARTICULAR PROPERTY TO EITHER RESIDENTIAL USE OR COMMERCIAL USE, OR SOMETIMES EVEN A COMBINATION OF BOTH.
UM, OTHER THINGS THAT YOU SEE IS THE HEIGHT OF BUILDINGS, THE NUMBER OF BUILDINGS, ALL THAT SORT OF THING.
AND MOST CITIES IN TEXAS, WE LIKE TO SEE A BIG FRONT YARD.
SO TYPICALLY YOU'LL HAVE A SETBACK FROM THE STREET, UH, THAT IS SUBSTANTIAL, BUT ALSO YOU MIGHT HAVE SETBACKS IN THE BACKYARD SO THAT YOUR NEIGHBORS BEHIND YOU ARE NOT BUILDING SOMETHING SO CLOSE TO YOUR BACKYARD THAT IT'S GOING TO AFFECT YOU IN YOUR OWN BACKYARD.
UM, YOU CAN SEE THINGS LIKE, UH, YOU CAN'T DO OFFENSIVE LEWD, UH, ACTIVITIES OR DO THINGS THAT CAUSE UH, OBNOXIOUS, UH, ANNOYANCES LIKE ODORS OR SOMETHING LIKE THAT.
UM, ARCHITECTURAL REQUIREMENTS.
UM, YOU CAN EVEN HAVE DE RESTRICTIONS THAT SAY YOU CAN'T PAINT YOUR HOUSE A CERTAIN COLOR OR YOU'RE RESTRICTED TO CERTAIN COLORS, THINGS LIKE THAT.
UM, THERE ARE DE RESTRICTIONS THAT SAY YOU HAVE TO MAINTAIN YOUR YARD.
UM, UH, THERE'S ALL SORTS OF THINGS.
PEOPLE GET TO PUT WHATEVER THEY WANT IN THEIR DEED RESTRICTIONS WITH SOME LIMITATIONS.
YOU CAN'T, YOU CAN'T DO SOME THINGS THAT ARE VOID AS A MATTER OF LAW.
ONE OF THE THINGS, UH, THAT ARE AGAINST PUBLIC POLICY IS USED TO BE THAT YOU HAD A LOT OF DEED RESTRICTIONS IN HOUSTON THAT REQUIRED CEDAR SHINGLE ROOFS.
WELL, WE FOUND THAT THAT'S A FIRE HAZARD, AND SO YOU CAN'T HAVE THAT ANYMORE.
UM, SO THAT'S AGAINST PUBLIC POLICY.
ALSO, RACE RESTRICTIONS ARE AGAINST, UM, PUBLIC POLICY.
SO WE DON'T HAVE THAT ANYMORE.
UH, CITY OF HOUSTON IS RESTRICTED, HOWEVER, TO CERTAIN AREAS.
AND WE LIKE TO SAY THERE ARE FIVE AREAS OF COVERAGE.
AND THAT'S SET FORTH IN, UH, CITY OF HOUSTON, ORDINANCE 10 DASH FIVE FIVE, UH, ONE.
AND AFTER THAT, UM, IT'S, UH, USE.
AND THE MOST COMMON USE IS RESIDENTIAL VERSUS COMMERCIAL BUILDING.
SETBACKS THE SIZE OF LOTS OR SIZE TYPE AND NUMBER OF STRUCTURES, ORIENTATION OF A STRUCTURE, UH, AND, UH, SOME ABILITY TO REGULATE FENCES.
UM, COMMERCIAL VERSUS RESIDENTIAL IS THE MOST COMMON, UH, DEED RESTRICTION ISSUE.
UH, PEOPLE DON'T LIKE BUSINESSES IN THEIR RESIDENTIAL NEIGHBORHOOD, AND THAT'S UNDERSTANDABLE, AND THAT'S PROBABLY ONE OF THE STRONGEST ONES WE HAVE.
SOMETIMES THE COMMERCIAL USE IS NOT ALWAYS EVIDENT.
AND ONE THAT COMES UP AND I'LL TALK ABOUT IN A SECOND, IS, UH, PARKING, UM, COMMERCIAL VEHICLES ON A RESIDENTIAL LOT, UM, THAT WE CONSIDER COMMERCIAL USE OF THE PROPERTY.
UM, TYPES OF STRUCTURES, UH, WHETHER IT'S MULTIFAMILY OR SINGLE FAMILY, UH, IS A COMMON THING.
THE NUMBER OF STRUCTURES, WHETHER YOU CAN HAVE A SECOND RESIDENCE OR AN ACCESSORY DWELLING UNIT, UH, WHICH IS GETTING TO BE A POPULAR THING THESE DAYS.
UM, ALL THOSE KIND OF THINGS COME INTO PLAY.
THAT IS AN AREA THAT WE CAN ENFORCE IN THE CITY.
UH, WE TAKE THE DEED RESTRICTIONS AS THEY'RE WRITTEN BY THE PRIVATE ENTITIES, AND SOMETIMES THEY'RE NOT WRITTEN THAT WELL, BUT WE DO THE BEST WE CAN TO ENFORCE IN TRYING TO GET WHAT THE NEIGHBORHOOD HAS STATED IN THEIR DEED RESTRICTIONS.
UM, I, AS I SAID, I WOULD TALK ABOUT COMMERCIAL VEHICLES.
UH, THERE'S A STATUTE THAT SAYS CERTAIN TYPES OF VEHICLES ARE COMMERCIAL BY DEFINITION, UH, 18 WHEELERS, FOR INSTANCE.
UH, BIG BOX TRUCKS, UH, THINGS
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LIKE THAT.FOOD TRUCKS, UH, COMMERCIAL BY NATURE.
AND THAT, UM, UH, CITIZENS CAN, UH, CANNOT VIOLATE THEIR DEED RESTRICTIONS, UH, IF THEY JUST PARK THESE VEHICLES.
UH, I'M NOT SAYING THIS, WELL, LET ME BACK UP.
IF AN OWNER JUST PARKS THIS VEHICLE ON A RESIDENTIAL LOT, THAT'S A VIOLATION OF A DEED RESTRICTION THAT SAYS YOU CANNOT HAVE COMMERCIAL USE.
SO WE ENFORCE THESE ALL THE TIME.
YOU SEE THE PICTURES HERE OF THE BOX TRUCK, THE 18 WHEELER, THE BIG, UH, DUALLY TRUCK.
UM, THOSE ARE TYPICAL, UH, ONES THAT ARE COMMERCIAL.
AND WE GET ALL THE TIME FROM OWNERS, WELL, I ONLY DID IT ONE NIGHT OR TWO NIGHTS, OR THREE NIGHTS, OR I ONLY DO IT ONCE A WEEK, UH, EVEN ONCE A WEEK, EVEN THOUGH ONE MIGHT ARGUE IT'S INCIDENTAL TO RESIDENTIAL USE, IT'S PROHIBITED AND WE WILL ENFORCE.
ON THE LEFT THERE, YOU SEE THE BOAT ON A TRAILER.
UM, THAT IS NOT A COMMERCIAL VEHICLE BY DEFINITION.
AND SO, UM, WHILE DEED RESTRICTIONS OFTEN SAY YOU CAN'T PAR PARK YOUR BOAT IN THE FRONT YARD, OR YOU HAVE TO PUT IT IN A GARAGE OR SOMETHING LIKE THAT, WE DO NOT HAVE AUTHORITY TO ENFORCE THAT.
UM, ON THE RIGHT YOU SEE A TRAILER THERE.
IF A TRAILER LIKE THAT IS, UH, MORE THAN 20 FEET, IT IS, UM, CONSIDERED A COMMERCIAL VEHICLE BY DEFINITION, AND WE WILL ENFORCE ON THAT.
SO SOMETIMES WHILE THAT BOAT TRAILER IS A TRAILER, THE OTHER TRAILER IS A DIFFERENT TYPE OF TRAILER, AND WE CAN ENFORCE NEXT ONE.
UM, IN ADDITION TO THE STRUCTURES, UH, THERE IS A USE PROVISION.
UM, USE CAN INCLUDE WHETHER IT'S RESIDENTIAL, WHETHER IT'S SINGLE FAMILY, WHETHER IT'S MULTIPLE MULTIFAMILY.
UH, THOSE ARE TYPE OF THINGS THAT WE CAN ENFORCE.
UH, IT SAYS HERE, CITY'S NOT AUTHORIZED TO ENFORCE ALL RESTRICTIONS.
AND WE GIVE SOME EXAMPLES HERE, I SHOULD SAY, ALL DEED RESTRICTIONS.
UM, THERE ARE DEED RESTRICTIONS THAT WILL SAY YOU CAN'T PARK ON YOUR GRASS.
THERE ARE ALSO ORDINANCES THAT SAY YOU CANNOT PARK ON YOUR GRASS IN THE CITY DEED RESTRICTION ENFORCEMENT, WE CANNOT ENFORCE THAT AS A DEED RESTRICTION ENFORCEMENT.
HOWEVER, UH, THE CITY IS ABLE TO ENFORCE THAT AS A VIOLATION OF AN ORDINANCE.
SO, UH, I NEED TO MAKE THAT DISTINCTION.
MANY DEED RESTRICTION DOCUMENTS SAY THAT THE, ANYBODY WHO WANTS TO BUILD SOMETHING HAS TO SUBMIT THEIR PLANS TO AN ARCHITECTURAL REVIEW COMMITTEE BEFORE THEY CAN DO, UH, THE BUILDING.
AND THE FACT OF THE MATTER IS, WE DON'T HAVE AUTHORITY TO MAKE THE OWNER SUBMIT THEIR PLANS TO THEIR ARCHITECTURAL REVIEW COMMITTEE.
UH, THE STATUTE DOESN'T GIVE US THAT ABILITY.
BUT, UH, IT IS IN THE DEED RESTRICTIONS AND THE HOA OR THE PROPERTY, A PROPERTY OWNER MAY ENFORCE THAT AGAINST SOMEBODY DOING BUILDING ARCHITECT CONTROL CONTROLS.
WE CAN'T ENFORCE THAT, AS I SAID, AUTOMOBILES PARKED ON THE GRASS.
WHILE WE DON'T ENFORCE IT AS A DEED RESTRICTION MATTER, IF THERE IS AN ORDINANCE THAT PROHIBITS THAT, WE WILL REFER IT TO THE PROPER DEPARTMENT.
SAME THING ABOUT INOPERABLE VEHICLES.
WE REFER, UH, JUNK MOTOR VEHICLES TO THE DEPARTMENT OF NEIGHBORHOODS.
UM, HIGH GRASS, AGAIN, DEPARTMENT OF NEIGHBORHOODS CAN DEAL WITH THAT UNDER ORDINANCES, UH, ANIMALS, UH, THE, UM, BARK CAN DEAL WITH THAT UNDER ORDINANCES, BUT WE CANNOT DO IT AS DEED RESTRICTION.
SO WHEN WE SAY IT'S, IT MIGHT BE ENFORCEABLE BY THE CITY IN OTHER MATTERS, EVEN IF IT'S NOT ENFORCEABLE AS A DEED RESTRICTION.
UM, THE CITY ATTORNEY'S OFFICE ASSIST IN ENFORCEMENT.
UM, WE CANNOT REPRESENT PRIVATE PROPERTY OWNERS.
SO WHEN THEY SEND A COMPLAINT TO US, WE'RE NOT REPRESENTING THEM.
AND, UH, SOMETIMES THAT'S DIFFICULT FOR RESIDENTS TO UNDERSTAND, BUT IT'S JUST THE WAY IT IS.
IT'S, IT'S WHAT'S REQUIRED OF US.
UM, THEY CAN CERTAINLY GO AND ENFORCE THE DE RESTRICTIONS THEMSELVES.
THEY CAN GET PRIVATE COUNSEL OR THEY CAN DO IT THEMSELVES.
UM, BUT WE CANNOT REPRESENT THEM.
SO, UH, THAT'S GENERALLY THE, THE BACKGROUND ON THE CITY'S ENFORCEMENT OF DEED RESTRICTIONS.
SO I WANT TO TELL YOU A LITTLE BIT ABOUT THE PROCESS.
THE FIRST THING THAT HAPPENS IS A COMPLAINT.
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GO OUT AND PATROL STREETS LOOKING FOR RESTRICTION, UH, VIOLATIONS.WE JUST DON'T HAVE THE RESOURCES FOR THAT.
BUT WE DO TAKE COMPLAINTS FROM THE NEIGHBORS AND WE TELL PEOPLE, BE VIGILANT ABOUT WHAT GOES ON IN YOUR NEIGHBORHOOD, AND LET US KNOW.
CAN WE ADVANCE THE SLIDE? THERE WE GO.
UM, SO WE TELL NEIGHBORHOODS AND WHEN WE GO IN, WE TALK TO NEIGHBORHOODS, WE TELL THEM, THIS IS WHAT YOU NEED TO DO, CONTACT US, AND WE GIVE 'EM THE CONTACT INFORMATION, WHICH I'M GOING TO PROVIDE LATER.
UM, SO ACTUALLY IT'S RIGHT HERE ON THIS SCREEN.
UH, THERE ARE MULTIPLE WAYS THAT PEOPLE CAN MAKE COMPLAINTS TO US.
PROBABLY THE BEST ONE IS THE, UH, HOTLINE WHERE THEY CAN CALL IN, OR IF THEY'RE GOOD ON THE COMPUTER, THEY CAN DO IT ONLINE.
AND THERE'S A FORM THERE, UM, THAT THEY CAN FILL OUT AND GIVE US ALL THE INFORMATION THAT WE NEED.
UM, ON THE WEBSITE, WHAT WE REALLY DO NEED ON INFORMATION IS WE NEED THE SPECIFIC ADDRESS OF THE PROPERTY.
UH, WE NEED THE TYPE OF VIOLATION THAT THEY ARE SEEING, UH, AND WE NEED TO KNOW WHETHER THEY WANT TO BE ANONYMOUS OR NOT.
NOW, AS IT TURNS OUT, WE DON'T REVEAL NAMES, EVEN IF THEY TELL US THAT THEY'RE WILLING, WE DON'T DO THAT UNTIL WE GET TO THE COURTHOUSE.
AND THEN WE ASK THEM IF THEY'RE WILLING TO TESTIFY.
AND ONLY THEN IF THEY'RE GONNA TESTIFY, DO THEY GET REVEALED.
SO THAT'S OUR GENERAL PRACTICE.
PEOPLE WILL STAY, UH, PRIVATE.
UM, WE URGE THE RESIDENTS TO KNOW WHAT THEIR VIOLATIONS ARE SO THAT THEY CAN TELL US SPECIFICALLY WHAT TO LOOK FOR, AND WE CAN MAKE A DETERMINATION WHETHER OR NOT WE HAVE ANY AUTHORITY TO HELP THEM.
WHAT WE'VE DONE ON OUR DEED RESTRICTION ENFORCEMENT TEAM IS WE'VE ASSIGNED THE, UH, VARIOUS, UM, COUNCIL DISTRICTS, UM, TO, UH, CERTAIN LAWYERS.
AND THERE'S OUR LIST RIGHT THERE.
SO, UH, I THINK MOST OF THE COUNCIL MEMBERS KNOW WHO THE LAWYER IS FOR THEIR PARTICULAR DISTRICT.
UM, 'CAUSE WE DEAL WITH YOU ALL, ALL THE TIME FOR YOU ALL THAT ARE AT LARGE, YOU'VE GOT THIS NOW, YOU'LL BE ABLE TO SEE, UH, WHO TO CONTACT.
NEXT SLIDE, ONCE WE GET A COMPLAINT.
AND, UH, FIRST THING WE DO IS WE DETERMINE WHETHER OR NOT THAT COMPLAINT FALLS WITHIN THE FIVE AREAS THAT WE CAN ENFORCE.
UM, AND THEN WE START AFTER THAT, UH, WE START, WE CREATE A FILE AND OUR FILES ARE DONE BY ADDRESS.
SO IF YOU DO CONTACT US, TELL US WHAT THE ADDRESS IS, AND WE'LL BE ABLE TO LOOK IT UP FASTER THAT WAY.
UM, WE GO TO THE, UM, COUNTY CLERK AND WE GET THE UPTODATE COPIES OF THE OFFICIAL DEED RESTRICTIONS.
AND, UH, WE GET INFORMATION ABOUT THE, UH, OWNER OF THE PROPERTY.
AND WE START LOOKING INTO SEVERAL THINGS.
PART OF OUR INVESTIGATION IS TO LOOK ONLINE FOR ANY INFORMATION.
FOR INSTANCE, IF THE COMPLAINT IS ABOUT COMMERCIAL USE OF A RESIDENTIAL PROPERTY, WE'LL LOOK ONLINE TO SEE IF THERE'S A BUSINESS REGISTERED THERE.
WE'LL GO TO DBA RECORDS, WE'LL GO TO SECRETARY OF STATE RECORDS.
WE'LL DO LOTS OF THINGS TO FIND OUT ABOUT WHAT COMMERCIAL ACTIVITY MIGHT BE HAPPENING ON A PARTICULAR PROPERTY.
UH, WE ASK THE COMPLAINANT, WHAT DO THEY KNOW? WE ASK THEM IF THEY HAVE NEIGHBORS THAT MIGHT KNOW MORE INFORMATION AND TO GIVE US THAT INFORMATION.
UM, IT'S JUST LIKE ANY LAWSUIT AND THAT ANY LAWYER WOULD HANDLE.
WE LOOK FIRST TO SEE WHAT THE ISSUE IS.
WE LOOK WHETHER IT'S SOMETHING WE CAN HANDLE AND WE INVESTIGATE TO GET FACTS.
WE ALSO INVESTIGATE AND TRY TO GATHER UP EVIDENCE THAT WE CAN USE SHOULD WE GO TO THE COURTHOUSE AND, UH, ENFORCE ON THESE DEED RESTRICTIONS.
ONCE WE'VE DONE ALL THE INVESTIGATION AND MAKE A DETERMINATION WHETHER OR NOT WE CAN ENFORCE, UH, WE START GOING INTO ENFORCEMENT ACTION.
AND, UH, TYPICALLY THE FIRST THING THAT WE DO WELL, TYPICALLY THE FIRST THING WE DO IS CONTACT TO THE OWNER.
SOMETIMES THAT'LL BE BY TELEPHONE CALL.
OFTEN THAT'S BY A WARNING LETTER.
AND IN THE WARNING LETTER, WE ASK THEM TO CONTACT US TO DISCUSS, UH, THE ISSUE AND WHAT THEY CAN DO TO COMPLY WITH THEIR DEED RESTRICTIONS.
UM, WE GIVE THE OWNER OF THE PROPERTY SOMETIME OUR TYPICAL, TYPICAL TIME IS 15 DAYS TO CONTACT US AND TO LET US KNOW WHAT THEIR PLANS ARE TO COMPLY.
UH, SOMETIMES, IN FACT, MOST OF THE TIME, TIME, UH, THE ISSUE GETS RESOLVED AT THAT TIME.
UM, PEOPLE GENERALLY WANT TO COMPLY WITH THEIR DE RESTRICTIONS.
MOST OF THE TIME THEY JUST DIDN'T KNOW.
UH, SOMETIMES WE GET, UH, PEOPLE WHO DON'T WANT TO COMPLY, THEN WE HAVE TO MOVE INTO FURTHER STEPS.
[00:30:01]
SITUATION AND DECIDE WHETHER OR NOT WE GO TO THE COURTHOUSE AND WE DO GO TO THE COURTHOUSE ON THESE.SO THAT'S KIND OF THE ULTIMATE RESULT.
BUT, UM, TYPICALLY MOST CASES SEES AFTER THE WARNING LETTER OR AFTER A FEW BACK AND FORTH, UM, CONVERSATIONS AT THAT POINT.
UM, WE DON'T GO TO LITIGATION ON EVERYONE.
WE COULDN'T POSSIBLY, AND FORTUNATELY, MOST PEOPLE ARE WILLING TO COMPLY.
SO THAT'S BASICALLY HOW WE HANDLE DE RESTRICTIONS IN THE CITY OF HOUSTON.
UM, WE'RE GONNA OPEN IT UP FOR QUESTIONS FROM COUNCIL MEMBERS AND STAFF.
AND WE'LL START WITH COUNCIL MEMBER HUFFMAN.
AND THANK YOU FOR YOUR PRESENTATION.
WE GET A LOT OF QUESTIONS ABOUT THIS, UM, FROM OUR NEIGHBORHOODS, YOU KNOW, WHAT THE CITY IS WILLING TO ENFORCE OR WHAT THEY'RE ALLOWED TO ENFORCE VERSUS, YOU KNOW, WHAT THE NEIGHBORHOOD HAS TO DO THEMSELVES.
YOU SAID THAT WHEN YOU DO THE INVESTIGATION PART OF IT TO SEE IF IT'S A COMMERCIAL USE IS LOOKING TO SEE IF THERE'S A DBA DOES.
THERE HAVE TO BE A DBA FOR IT TO BE CONSIDERED DOES NOT HAVE TO BE A DBA.
FACTS CAN, CAN SHOW COMMERCIAL USE.
AND SO WHAT CONSTITUTES COMMERCIAL USE? IT VARIES.
UM, WE HAVE TO, UM, UM, WEIGH ALL THE FACTS THAT WE CAN FIND AND SOMETIMES IT'S HARD TO FIND THE FACTS, UM, AND EVIDENCE.
AND WE HAVE TO CONSIDER WHAT WOULD A JUDGE THINK IS COMMERCIAL USE.
AND SO WE GATHER AS MUCH INFORMATION AS WE CAN.
AND SOMETIMES LOOKING ON THE OUTSIDE, IT'S NOT ALWAYS CLEAR.
THE NEIGHBORS HAVE A PRETTY GOOD IDEA WHETHER IT'S COMMERCIAL USE, AND SOMETIMES WE DO TOO, BUT WE DON'T HAVE ALL THE EVIDENCE WE THINK WE NEED FOR THE COURTHOUSE.
SO WE CONTINUE TO INVESTIGATE UNTIL WE DO.
SO WE RUN INTO A LOT OF PROBLEMS BECAUSE OF, YOU KNOW, THE ZONING AND SOME OF THESE NEIGHBORHOODS IN HOUSTON, YOU KNOW, WE KNOW THAT THEY DON'T HAVE HOMEOWNERS ASSOCIATIONS, BUT THEY MAY STILL HAVE DEED RESTRICTIONS.
UM, WHAT ABOUT WHEN IT COMES TO, YOU KNOW, WE'RE GETTING A LOT OF COMPLAINTS ABOUT THESE SHORT TERM RENTALS.
UH, IS THAT CONSIDERED A BUSINESS? WELL, THE, UH, SUPREME COURT OF TEXAS HAS STATED THAT, UH, SHORT TERM RENTALS ARE CONSISTENT WITH RESIDENTIAL USE.
SO, UM, THAT IS SOMETHING THAT WE HAVE TO CONSIDER.
AND, UM, IF DEED RESTRICTIONS, HOWEVER, ARE SPECIFIC ABOUT NOT ALLOWING SHORT TERM RENTALS, UH, THAT KIND OF USE COULD BE ENFORCED AND WE HAVE ENFORCED ON THAT.
AND WHEN IT COMES TO SHORT TERM RENTALS, YOU KNOW, I KNOW THERE'S DEFINITELY A DIFFERENCE BETWEEN SOMEBODY WHO RENTS SOMETHING FOR 90 DAYS VERSUS SOMEBODY YOU KNOW, WHO RENTS SOMETHING FOR A YEAR.
BUT WHAT ABOUT THESE SHORT TERM RENTALS WHERE IT'S JUST THESE ONE NIGHT STAYS? DOES, DO YOU KNOW OF ANY, DO THEY DIFFERENTIATE, UM, TIMELINES WHEN IT COMES TO BUSINESSES? YOU KNOW, IF THEY'RE USING IT JUST A ONE NIGHT STAY? IN THEIR OPINION, THE SUPREME COURT SUGGESTED THAT A TIMELINE WOULD BE A WAY TO, UH, OR SOMETHING TO PUT INTO A DEED RESTRICTION IN ORDER TO MAKE IT ENFORCEABLE.
UM, PARTIES ARE CONSISTENT WITH RESIDENTIAL USE.
I'VE HAD PARTIES I IMAGINE YOU HAVE TOO.
UM, SO, UH, THE SUPREME COURT SAID THAT'S NOT NECESSARILY COMMERCIAL.
WE HAVE, UH, COUNCIL MEMBER WILLIE DAVIS IN THE QUEUE AS WELL.
I THANK YOU FOR YOUR PRESENTATION.
UM, AND, UM, I HAVE A FEW QUESTIONS CONCERNING HEAT RESTRICTIONS.
UH, COUNCIL MEMBER HUFFMAN BROUGHT UP SOME VERY PERTINENT POINTS ABOUT WHAT WE GENERALLY HEAR COMING FROM THE CITIZENS.
WE UNDERSTAND HOUSTON'S NOT A ZONING CITY, WHICH CREATES QUITE A BIT OF, YOU KNOW, PROBLEMS. OF COURSE THERE HAVE THOSE WHO ARE FOR IT.
THAT'S THOSE WHO ARE AGAINST IT.
SO IT'S BENEFITS WITH IT, BENEFITS WITHOUT IT, BUT PERTAINING TO DEED RESTRICTIONS AND WHAT THE CITY ATTORNEY'S OFFICE IS QUOTE LISTED AS ENFORCEABLE AND WHAT'S NON ENFORCEABLE.
NOW, I APOLOGIZE IN MY GETTING IT LATER, BUT I MAY HAVE MISSED IT.
THE DEVELOPERS YOU STATED HERE IN YOUR PRESENTATION OWNS ALL OF THE PROPERTY.
SO WHATEVER ACREAGE AMOUNT OF LAND THAT DEVELOPER BUYS, THEN THEY OWN ALL THAT PROPERTY, CORRECT? YES.
[00:35:01]
IS, IS THE CREATION OF DEED RESTRICTIONS.AND IF YOU HAVE A DEVELOPER WHO OWNS ALL THE PROPERTY AND PLATS OUT A NEW SUBDIVISION MM-HMM
AND OWNS ALL OF THAT PROPERTY MM-HMM
THAT DEVELOPER T TYPICALLY GETS TO SET FORTH THE DEED RESTRICTIONS.
BUT IT'S GOTTA BE, IT'S GOTTA BE THAT THEY'VE PLATTED THE SUBDIVISION.
AND THAT THEY, UH, OWN ALL THE PROPERTY.
WELL, SOME OF THEM, SOME OF THEM IN COURSE, THE AREA WHERE I, IN WHERE MY CHURCH IS LOCATED AT, THERE'S A LOT OF AREAS BEING PLOTTED AND SUBDIVISIONS KIND OF COMING IN.
SO WITH THAT, THEY DON'T HAVE A RE THEY'RE NOT REQUIRED TO INTERACT WITH THE COMMUNITY THAT'S ALREADY AROUND THEM THAT MAY HAVE DEED RESTRICTIONS AND REQUIREMENTS WHERE SOME COMMUNITIES ARE NOT GATED AND SAYS A DEVELOPER COMES IN, THEY BUILD A SUBDIVISION, AND THEN THEY GATE IT.
WE HAD ONE PARTICULAR, UM, CIVIC ASSOCIATION CONTACTED, UH, OUR OFFICE ON THAT VERY, VERY ISSUE.
SO THERE ARE NO SAFEGUARDS, NO REQUIREMENTS REQUIRED.
A DEVELOPER, WHEN THEY COME INTO A A, YOU KNOW, A OWNED COMMUNITY, PRETTY MUCH THERE ARE NONE.
I ASSUME YOU'RE TALKING ABOUT WHEN THE DEVELOPER COMES IN AND IS DEVELOPING ON PROPERTY THAT IS NOT, SO, THAT IS NOT SUBJECT TO ALREADY EXISTING DEED RESTRICTIONS.
UM, THEY'RE OF COURSE SUBJECT TO CITY, UH, ORDINANCES REGARDING PLATTING AND ALL THAT SORT OF THING.
SO THEY'RE GONNA HAVE TO DO SOME OF THAT.
BUT ARE THEY REQUIRED TO, UM, COMPLY WITH WHAT THE NEIGHBORS WANT? YEAH.
I DON'T KNOW OF ANY LAW THAT REQUIRES THEM TO DO THAT.
WELL, MY TIME PROBABLY RUNNING OUT, BUT, BUT LET ME, LET ME ASK A A LAST ONE.
UM, WHEN MANY, MANY OF THE, THE COMMUNITIES THAT ARE CIVIC ASSOCIATIONS AND DON'T HAVE HOAS, THEY NO LONGER HAVE HOAS, THEY'LL HAVE ALL DEED RESTRICTIONS.
I HEAR ALL OF THE ENFORCEMENTS, I ALSO HEAR THE CITY ATTORNEY'S OFFICE CANNOT REPRESENT RIGHT.
CAN'T REPRESENT PROPERTY OWNERS THAT HAVE DEED RESTRICTIONS.
THE CITY ATTORNEY'S OFFICE, RIGHT? CORRECT.
SO, IS THERE ANY RECOMMENDATIONS BEING MADE TO THE CITY ATTORNEY'S OFFICE TO WORK WITH PRESIDENT CIVIC ASSOCIATIONS TO STRENGTHEN THEMSELVES TO BECOME STRONGER IF IT MEANS DOING ORDINANCE THAT THEY BRING BACK BEFORE THE COUNCIL AND OR THE MAYOR TO, TO HELP TO EMPOWER THEM? I MEAN, I'VE BEEN IN SEVERAL MEETINGS WHERE PEOPLE TELL THE COMMUNITY WHAT THEY CAN'T DO AND WHAT THEY CAN DO.
BUT IN REGARDS TO RESPECTING THE AGE OF A LOT OF CIVIC ASSOCIATIONS, BECAUSE MANY OF THESE PEOPLE HAVE BEEN THERE FOR MANY YEARS, THEY, IN THEIR RETIREMENT YEARS, YOU KNOW, THEY, YOU KNOW, IN THEIR COMMUNITIES HAVE GONE THROUGH, UH, YOU KNOW, A LOT OF CHANGES, BUT THEY GENERALLY CATCH AND CAUGHT THEMSELVES BETWEEN NO ABILITY TO ENFORCE SOME OF THE THINGS THAT'S GOING ON.
SO, IS THERE SOMETHING THAT THE OFFICE, THE CITY ATTORNEY'S OFFICE, CAN WORK OR MAKE RECOMMENDATIONS TO US, THE COUNCIL THAT WE CAN MAKE TO DISTRICT CIVIC ASSOCIATIONS AND NEED RESTRICTION OWNERS TO BETTER THEMSELVES? UM, ONE OF THE THINGS THAT WE'VE URGED COMMUNITIES LIKE THAT, THAT, UM, MAY HAVE LIMITED RESOURCES.
UM, AND NEED EITHER NEW DEED RESTRICTIONS OR, UH, MODIFICATIONS OF THEIR DEED RESTRICTIONS MM-HMM
UH, WE URGE THEM TO CONTACT SEVERAL OF THE, UH, SOCIAL SERVICE AGENCIES HERE IN THE CITY.
UM, LONE STAR LEGAL AID, UM, UH, SOME OF THE UNIVERSITIES ARE HELPING OUT WITH SOME OF THOSE MATTERS.
UM, AND SO WE URGE THEM TO DO THAT.
UH, PRIVATE COUNSEL, OF COURSE, LIKE MS. RICE WHO'S HERE.
WE ALWAYS URGE THAT THEY GET PRIVATE COUNSEL TO HELP THEM DEAL WITH THOSE THINGS.
UM, SO THAT, THAT'S TYPICALLY HOW WE RESPOND TO THOSE KIND OF REQUESTS.
WANT TO NOTE, UH, THAT COUNCIL MEMBER, UH, MARTINEZ IS PRESENT AS WELL AS STAFF FROM COUNCIL MEMBER POLLARD'S OFFICE.
UM, GAMING, UH, APPRECIATE THE PRESENTATION.
I WAS ON MY WAY IN AND LISTENING IN.
UH, I THINK FOR ME, ONE OF THE, THE QUESTIONS THAT I'D, YOU KNOW, LIKE TO SEE IF THERE'S BEEN ANY, ANY APPETITE FOR, UH, YOU KNOW, WE DON'T HAVE ANY ZONING.
SO TO ACTUALLY LOOK AT ZONING, I DON'T THINK IT'S BEEN ON THE CITY,
[00:40:01]
UH, VOTERS THREE TIMES HISTORICALLY.I, I'VE, I'VE LIVED IN THE CITY A LONG TIME,
AND, UH, I REMEMBER VOTING ON ZONING ISSUES AND IN THE SEVENTIES, I BELIEVE WAS THE LAST TIME THAT THE VOTERS HAVE SAID NO.
SO HAS IT, UM, UNDERSTANDING, RIGHT.
UM, VOTERS HAVE SAID NO THREE TIMES, BUT THE WAY THE CITY'S GROWN, UM, EXPONENTIALLY OVER THE LAST EVEN, YOU KNOW, 20 YEARS.
UM, AND AS COUNCIL MEMBER DAVIS ALLUDED TO, THERE ARE SOME NEIGHBORHOODS THAT DE RESTRICTIONS HAVE HAVE LAPSED.
UM, SO THERE THEY JUST, IT, IT BECOMES A BIT MORE DIFFICULT TO, UH, REALLY KEEP THE INTEGRITY OF NEIGHBORHOODS, BUT EVEN, EVEN JUST THE CITY AS, AS A WHOLE.
UM, AND SO, JUST, JUST A QUESTION, RIGHT.
HAS, HAS THERE BEEN, UH, CONVERSATIONS OR HAS ANYBODY, I DON'T KNOW OF ANY RECENT CONVERSATIONS ABOUT TRYING TO IMPLEMENT ZONING ORDINANCES.
THE REASON I ASKED, AND I BELIEVE, UH, I REMEMBER, UH, COUNCIL MEMBER RAMIREZ BEING THERE, UH, WE RECENTLY HAD GREYHOUND MOVING TO A MORE RESIDENTIAL NEIGHBORHOOD, EVEN THOUGH IT'S ON A MAJOR THOROUGHFARE.
UM, THE CONVERSATION THERE WAS FROM RESIDENTS.
UM, THEY WERE ASKING US, ARE YOU INTERESTED IN ZONING QUICKLY? I SAID, YES.
UM, 'CAUSE I THINK THAT THERE ARE SOME, SOME AREAS IN IN TOWN WHERE, YOU KNOW, WE SHOULD JUST DEFINITELY KEEP, YOU KNOW, BUSES OUT OF NEIGHBORHOODS, FOR EXAMPLE, GREYHOUND.
UM, AND SO, YOU KNOW, I, I THINK IT'S SOMETHING THAT I WOULD LOVE TO HAVE MORE CONVERSATIONS ABOUT SINCE IT HASN'T BEEN DISCUSSED, UH, RECENTLY, BUT JUST TO SEE WHAT THE APPETITE IS FROM THE ADMINISTRATION.
AND ALSO MY COUNCIL COLLEAGUES, I COULDN'T REALLY SPEAK TO THAT.
ZONING IS NOT MY AREA, BUT, UH, I'VE NOT HEARD ANYTHING ABOUT, UH, I KNOW PEOPLE CALL FOR ZONING, UM, BUT I'VE NOT HEARD ABOUT ANY KIND OF ACTIVITY GOING THAT WAY.
COUNCIL MEMBER CASTILLO, UH, DAMON, I'VE GOT JUST A FEW QUESTIONS FOR YOU.
AND SO, GOING BACK TO EARLY IN YOUR PRESENTATION, I THINK IT'S SLIDE NUMBER TWO, A DEED RESTRICTION, UM, AFFECTS THE OWNERS OR TENANTS OF REAL PROPERTY.
CAN DEED RESTRICTIONS APPLY TO, UH, RESIDENTIAL REAL PROPERTY AS WELL AS COMMERCIAL REAL PROPERTY, OR NOT? TYPICALLY, WE DON'T SEE DEED RESTRICTIONS ON COMMERCIAL PROPERTY, BUT THERE ARE DEED RESTRICTIONS WITHIN THE SUBDIVISION.
AND THEY'LL SAY, THIS PARTICULAR RESORT RESERVE IS KIND OF THE WORD THEY OFTEN USE IS RESERVED FOR COMMERCIAL ACTIVITY.
AND YOU'LL SEE A SHOPPING CENTER THERE OR SOMETHING LIKE THAT.
AND TO SOME DEGREE, THE, UH, SINCE IT WAS CREATED AS A COMMERCIAL PROPERTY, AND THE DEED RESTRICTIONS ARE SUBJECT TO DEED RESTRICTIONS, SO IT CAN BE ON COMMERCIAL, BUT TYPICALLY DEED RESTRICTIONS BENEFIT RESIDENTS AND RESIDENTIAL USE.
AND WE, AND WE TYPICALLY THINK OF, UH, DEED RESTRICTION ENFORCEMENT IN A NEIGHBORHOOD OR PROPERTIES WITHIN AN HOA.
UM, AND YOU TALKED ABOUT WHICH PARTIES WOULD HAVE THE LEGAL TERM WOULD BE STANDING, BUT WHICH PARTIES MIGHT BE ABLE TO LEGALLY, UH, ENFORCE DEED RESTRICTIONS.
SO IF, AND, AND, AND I THINK YOU, YOUR SLIDE HAD TALKED ABOUT IF YOU'RE IN AN HOA THAT HAS DEED RESTRICTIONS, IF YOU ARE A RESIDENT OR PROPERTY OWNER, THEN YOU WOULD HAVE THE AUTHORITY UNDER THE LAW, UH, TO TRY TO ENFORCE DEED RESTRICTIONS THAT, THAT APPLY TO A PARTICULAR PIECE OF PROPERTY.
IS THAT RIGHT? W WHEN YOU SAY YOU, YOU'RE TALKING ABOUT ME, THE CITY, IF YOU'RE, YOU'RE, I'M SORRY, A RESIDENT.
EVEN I, AS I UNDERSTAND IT, UH, EVEN A SUBDIVISION THAT HAS A HOA, THE INDIVIDUAL OWNER CAN STILL ENFORCE ON THEIR DEED RESTRICTIONS.
I I IMAGINE DEED RESTRICTIONS COULD BE WRITTEN TO PREVENT THAT, BUT, UM, I DON'T RECALL SEEING ONE THAT SAID ONLY THE HOA COULD ENFORCE IT.
HOW ABOUT A THIRD PARTY WHO DOESN'T OWN PROPERTY WITHIN THAT HOA, UH, THAT NEIGHBORHOOD? WOULD A THIRD PARTY BE ABLE TO SEEK TO ENFORCE DEED RESTRICTIONS OR NOT? WELL, IF YOU'RE TALKING ABOUT A THIRD PARTY SEEKING TO HAVE THE CITY ENFORCE DEED RESTRICTIONS, THE ANSWER IS YES.
WE'VE ACTUALLY HAD COMPLAINTS FROM PEOPLE WHO DO NOT LIVE IN A NEIGHBORHOOD, BUT IT IS A VALID COMPLAINT.
THE DATE RESTRICTIONS ARE VALID, THE VIOLATION IS THERE, AND WE HAVE ENFORCED, I DON'T THINK THAT THEY HAVE THE STANDING THEMSELVES TO ENFORCE.
AND LET ME ASK YOU ANOTHER QUESTION ABOUT ENFORCEMENT ACTIONS BY SOMEONE OTHER THAN THE CITY.
LET'S SAY YOU HAVE COMMERCIAL PROPERTY WITH SOME DEED RESTRICTIONS ON IT, WHO MIGHT BE ABLE TO SEEK TO ENFORCE DEED RESTRICTIONS ON A COMMERCIAL PROPERTY? AGAIN, I WOULD LOOK TO THE DEED RESTRICTIONS THEMSELVES TO SEE WHAT THEY SAY.
UM, SINCE YOU'RE SPECIFICALLY SAYING, UH, THAT THEY'RE NOT LOOKING TO THE CITY, I, I'M NOT SURE ABOUT THE ANSWER, BUT,
[00:45:01]
UH, I WOULD BET MS. RICE WILL KNOW THAT ANSWER SINCE SHE DEALS IN THE PRIVATE SECTOR.AND MOVING TO ANOTHER, ANOTHER TOPIC HERE, I, I KNOW YOU ALLUDED TO THE FACT THAT HISTORICALLY, UH, DEED RESTRICTIONS HAVE BEEN USED TO, TO ENFORCE DISCRIMINATION AND SEGREGATION.
UM, WHO HAS THE AUTHORITY TO, UM, I GUESS DO AWAY WITH THOSE TYPES OF DEED RESTRICTIONS? THE, UM, DEED RESTRICTIONS THEMSELVES MIGHT, UM, PROVIDE LANGUAGE FOR MODIFICATION OR CHANGE TO THE DEED RESTRICTIONS AND TO TAKE THAT OUT? UM, THERE HAS BEEN, THERE HAVE BEEN RECENT, UH, ACTIONS BY THE STATE, I THINK, UH, TO ALLOW THAT TO HAPPEN.
I'M, UH, NOT SURE EXACTLY HOW THEY'RE DONE.
WE DO NOT, WE, THE CITY DO NOT HAVE AUTHORITY BECAUSE WE ARE NOT PARTY TO THE DEED RESTRICTIONS.
AND LET ME ASK YOU ABOUT SLIDES, SOMETHING THAT'S IN SLIDE SEVEN AND 12.
SO SLIDE SEVEN, IF WE COULD MOVE TO THAT.
UH, THE LAST BULLET POINT THERE, COMMON RESTRICTIONS REQUIRE REGULAR MAINTENANCE OF HOMES AND YARDS.
SO THIS SLIDE INDICATES THE TYPES OF, UH, DEED RESTRICTIONS THAT THE CITY CAN SEEK TO ENFORCE THROUGH LITIGATION.
UH, THIS SLIDE IS SAYING WHAT'S JUST COMMON IN DEED RESTRICTIONS.
SO WE, AND THEN I THINK ON, UH, SLIDE 12 WE'RE SAYING HIGH GRASS AND THINGS LIKE THAT, WE CANNOT, SO I, I WAS JUST DOING SOME BACKGROUND THERE WITH SLIDE SEVEN.
NOW, UM, COUNCIL MEMBER HUFFMAN HAD ASKED ABOUT COMMERCIAL USE IN SITUATIONS WHERE THE CITY CAN TRY TO ENFORCE RESTRICTIONS AGAINST COMMERCIAL USE.
CAN YOU GIVE US SOME EXAMPLES OF WHAT YOU'VE SEEN, UH, WHERE THE CITY HAS SAID NO THAT'S INAPPROPRIATE, UH, AS A COMMERCIAL USE AND WE'RE GONNA GO AHEAD AND TRY TO ENFORCE THAT DEED RESTRICTION.
WHAT ARE SOME EXAMPLES YOU'VE SEEN? UM, WELL, PEOPLE, UH, OPEN UP BUSINESSES AND THEY START INVITING PEOPLE IN, UM, UH, OFFICE SHARES, FOR INSTANCE, UH, THAT HAVE BEEN DONE.
UM, THE MOST COMMON ONE, FRANKLY, IS THE PARKING OF COMMERCIAL VEHICLES ON THE RESIDENTIAL PROPERTY.
WE'VE HAD MANY LAWSUITS WHERE WE'VE ENFORCED THAT.
UM, IT CAN BE ALL SORTS OF THINGS.
AND ALSO IN THE QUEUE AT THIS TIME IS COUNCIL MEMBER HUFFMAN.
SO COULD YOU JUST, AND MAYBE THIS IS SOMETHING WE COULD TALK ABOUT LATER, BUT IF I'M ON THE HARRIS COUNTY CLERK'S WEBSITE AND I WANNA LOOK UP DEED RESTRICTIONS FOR A PARTICULAR ADDRESS, HOW DO I NAVIGATE THAT? IT'S NOT EASY, RIGHT? 'CAUSE I'M TRYING TO FIGURE IT OUT.
UM, YOU NEED THE, UH, LOT AND, UH, PROPERTY LOT NUMBER AND BLOCK NUMBER AND SUBDIVISION INFORMATION.
AND THE WAY TO GET THAT IS TO GO TO THE HARRIS COUNTY APPRAISAL DISTRICT AND LOOK YOUR PROPERTY UP BY ADDRESS.
AND THEN YOU'LL SEE A PROPERTY DESCRIPTION OVER THERE AND IT'LL SAY, LOT SOMETHING, BLOCK SOMETHING AND IT'LL SAY WHAT THE SUBDIVISION NAME IS AND THEN YOU PUT THAT INTO THE APPROPRIATE BOXES AT THE COUNTY CLERK'S OFFICE AND YOU'LL BE ABLE TO GET TO SOME DEED RECORDS.
COUNCIL MEMBER HUFFMAN, I DON'T SEE ANY OTHER COUNCIL MEMBERS IN THE QUEUE, SO IF WE HAVE QUESTIONS FROM COUNCIL STAFF, I'D BE HAPPY TO ADDRESS THOSE AT THIS TIME.
JUST TO ADD TO THAT LAST, UH, QUESTION BY COUNCIL MEMBER HUFFMAN, UM, I'VE CALLED THE COUNTY CLERK'S OFFICE AND ASKED IF I CAN GET HELP.
AND SO ESPECIALLY IF YOU GO IN, UH, THEY WILL HELP RESIDENTS TRY TO FIND THEIR DEEDS AND DEED RESTRICTIONS.
I THINK THAT'S ALL THE QUESTIONS WE HAVE FOR YOU, UH, DAMON.
SO THANK YOU SO MUCH FOR COMING DOWN AND UM, AND FOR WHAT YOU DO FOR THE CITY.
WELL, THANK YOU FOR YOUR INTEREST IN DEED RESTRICTIONS AND THANKS FOR HAVING ME.
ALRIGHT, SO FOR THOSE, UH, HERE WHO HAVE WALKED IN SORT OF IN THE MIDDLE, UH, WE DO HAVE A SIGN IN IF YOU'D LIKE TO SIGN UP TO SPEAK.
UH, GLORIA HERE TO MY, UH, LEFT.
GLORIA, WOULD YOU RAISE YOUR HAND AS A SIGN IN? SO IF YOU WOULD LIKE TO SIGN IN, THAT WOULD BE GREAT.
UH, SO THAT, THAT'S OUR FIRST PRESENTATION.
WE'LL GO AHEAD AND MOVE TO OUR SECOND
[00:50:01]
PRESENTATION FROM AN ATTORNEY, LOCAL ATTORNEY IN PRIVATE PRACTICE HERE, MS. SUSIE WRIGHT.SUSIE, WOULD YOU COME FORWARD AND ALSO PRESENT? WE HAVE GARRETT RICE.
SO WE HAVE BOTH ATTORNEYS FROM THE FIRM OF RICE AND RICE.
UH, WELL, SUSIE, I KNOW YOU HAVE DONE A NUMBER OF PRESENTATIONS FOR CITY OFFICIALS AND THANK YOU FOR DOING THAT AGAIN HERE.
IT'S, UH, CERTAINLY A SERVICE TO THE RESIDENTS OF HOUSTON.
WE APPRECIATE IT YOU TAKING YOUR TIME OUT FROM YOUR BUSY SCHEDULE TO HELP OUT.
SO IF, IF THE TWO OF YOU WOULD JUST SORT OF GIVE US A BRIEF INTRODUCTION, UH, AND THEN YOU CAN GO AHEAD AND GO INTO YOUR PRESENTATION.
I WANNA THANK Y'ALL FOR HAVING ME.
I, AS A MATTER OF FACT, I'VE BEEN PRACTICING AS LONG AS DAMON.
WE WENT TO LAW SCHOOL TOGETHER.
SO WE'VE KNOWN EACH OTHER FOR A LONG, LONG TIME.
BEEN PRACTICING THE SAME AMOUNT OF TIME.
I'VE BEEN REPRESENTING HOMEOWNER ASSOCIATIONS THAT WHOLE TIME AND WE'VE SEEN MAJOR CHANGES GO ON, ESPECIALLY WITH THE LEGISLATURE.
UH, BACK IN 1995, I CO-AUTHORED CHAPTER 2 0 4, THE PROPERTY CODE.
AND IF WE HAD KNOWN WHAT WE WERE DOING, WE OPENED THE DOOR AND IT WENT CRAZY EVER SINCE.
SO NOW WE'VE GOT ALL KIND OF LEGISLATION OF 2 0 9 OF THE PROPERTY CODE 2 0 7 OF THE PROPERTY CODE 2 0 2.
WE'VE GOT, THEY'VE, THEY'VE TRIED TO COVER EVERYTHING.
AND WHAT WE'RE GONNA DO IS, UM, I'VE HEARD, UH, WROTE DOWN SOME OF Y'ALL'S QUESTIONS AND CONCERNS THAT YOU HAVE.
SO I'M GONNA JUMP IN AND ADDRESS THOSE BECAUSE WE PLAY A LITTLE DIFFERENT PART THAN WHAT THE CITY ATTORNEYS DO.
UM, WE REPRESENT A LOT OF HOMEOWNER ASSOCIATIONS.
THEY'RE ALSO CALLED PROPERTY OWNERS ASSOCIATIONS.
THEY MAY BE CALLED CIVIC CLUBS AND CIVIC ASSOCIATIONS.
AND THEY, THE LEGISLATURE EVEN RECOGNIZED THAT WHEN YOU LOOK IN THE DEFINITIONS OF 2 0 4 AND 2 0 9 OF THE PROPERTY CODE, THEY SAID IF YOU MEET THESE QUALIFICATIONS, WHICH ARE, YOU HAVE MANDATORY RESTRICTIONS AND YOUR AND YOUR RESTRICTIONS STATE THAT THE HOA WILL BE ENFORCING THAT AND THEY WILL BE COLLECTING MANDATORY ASSESSMENTS THAN 2 0 9 AND 2 0 4 OF THE PROPERTY CODE APPLY TO YOU.
HOUSTON IS DIFFERENT THAN A LOT OF OTHER CITIES BECAUSE WHAT DALLAS AND AUSTIN AND EVERYBODY ELSE DID IS, AND THE SMALLER TOWNS AROUND THOSE LARGER CITIES, WHAT THEY DID IS THEY MADE IT MANDATORY THAT WHEN SOMEBODY DEVELOPED A PIECE OF LAND ANYWHERE IN THEIR CITY LIMITS, YOU HAD TO HAVE RESTRICTIONS.
THEY WANTED THEM TO BE RESTRICTED SO THAT THE PEOPLE HAD THE MONEY TO ENFORCE RESTRICTIONS AND PROTECT THEIR PROPERTY VALUES.
WE HAVE A LOT OF OLDER COMMUNITIES IN HOUSTON THAT MAY HAVE RESTRICTIONS.
THEY DON'T HAVE MANDATORY ASSESSMENTS, THEY'RE VOLUNTARY, THEY DON'T MENTION HOMEOWNER ASSOCIATIONS.
SO TO TRY TO ENFORCE THOSE RESTRICTIONS, I CAN TELL YOU RIGHT NOW, IF YOU GO UP AGAINST, LET'S SAY A COMPANY THAT IS BUYING HOMES IN A NEIGHBORHOOD TO PUT IN SHORT TERM RENTALS, YOU GO UP AGAINST SOMEBODY LIKE THAT, YOU BETTER HAVE THOUSANDS AND THOUSANDS OF DOLLARS.
AND EVEN IF YOU WIN AT THE DISTRICT COURT LEVEL, THEY APPEAL IT.
YOU'RE LOOKING AT A GOOD, ANOTHER 60 OR 70,000 BUCKS JUST FOR APPEAL.
AND YOU'VE PROBABLY ALREADY SPENT THAT OR DOUBLE DOWN IN THE DISTRICT COURT LEVEL.
SO IF YOU DON'T HAVE THE MANDATORY ASSESSMENTS, IT'S HARD, IT'S VERY HARD FOR PEOPLE.
THE GOOD THING IS, IS THE TEXAS SUPREME COURT AND NOW THE COURT OF APPEALS BASICALLY HAVE SAID THAT WHAT YOU CAN DO IS AS YOUR PRIVATE CITIZENS, YOU HAVE YOUR OWN HOMEOWNER ASSOCIATION.
OR EVEN IF YOU DON'T, IF YOU HAVE RESTRICTIONS, IF THEY WOULD GET TOGETHER.
AND WE'VE DONE IT ALREADY FOR NUMEROUS COMMUNITIES WHERE WE HAVE AN AMENDMENT AND WE LIMIT SHORT TERM RENTALS.
THEY SAID, YOU CAN DO THAT WITH REGARD TO CITIES.
THEY'RE MAKING IT HARDER FOR THE CITIES 'CAUSE THEY LOOK ON IT AS A TAKING.
SO THEY'RE REALLY CHALLENGING CITIES, BUT YOUR COMMUNITIES CAN DO IT AND GET AWAY WITH IT.
AND THEY CAN DO IT TO STOP THOSE, YOU KNOW, ONE NIGHT OR ONE WEEKEND PARTY THINGS.
WE'VE, WE'VE DEALT WITH THOSE TOO.
WE HAD A COMMUNITY OUT IN THE TOMBALL AREA.
WE GET A CALL AND WHAT THEY, WHAT THIS PERSON HAD DONE, RENTED OUT HIS HOUSE.
AND ON THE WEEKENDS THEY WERE BRINGING IN, I MEAN LIKE THE RICK'S PEOPLE AND THE WINDOW SHADES WERE OPEN AND THE KIDS WERE, AND WE GOT A
[00:55:01]
JUDGE TO SHUT 'EM DOWN.SO IF YOU HAVE IT IN YOUR RESTRICTIONS, IF YOU HAVEN'T AN AMENDMENT, WE CAN DO SOMETHING ABOUT IT.
SO THERE IS A WAY TO COMBAT THOSE KIND OF PROBLEMS. AND EVERYBODY'S DEALING WITH 'EM ALL ACROSS THE STATE OF TEXAS.
WE HAVE ANOTHER COMMUNITY UP IN THE DALLAS AREA.
AND WHAT WE'VE WRITTEN IN FOR THEM IS THEY STARTED SEEING, AND THEY WERE A LARGER COMMUNITY, THEY STARTED SEEING THESE BIGGER, UH, COMPANIES FROM A, THAT ARE ON NA, NATIONAL BASED COMING IN AND BUYING UP AS MANY HOMES LIKE ON A STREET THAT THEY COULD.
SO THEY THOUGHT, NO, WAIT A MINUTE.
'CAUSE THEY'RE GONNA DO THE SHORT TERM RENTAL STUFF.
SO WHAT THEY DID IS THEY PASSED AN AMENDMENT.
IT HAS NOT BEEN CHALLENGED YET, BUT IN THE AMENDMENT IT SAYS, ANY COMPANY OR INDIVIDUAL OR PARTNERSHIP CANNOT OWN MORE THAN THREE HOMES IN OUR NEIGHBORHOOD.
SO WE DON'T KNOW HOW THAT WILL HOLD UP.
HOWEVER, IT'S JUST LIKE ANY OTHER AMENDMENT THAT THESE PE IT'S A CONTRACT.
IF THE HO AND WE ARGUE IT AS IT'S A CONTRACT BETWEEN THE HOMEOWNER ASSOCIATION AND THE HOMEOWNERS, AND THEY HAVE THE RIGHT TO DO ANYTHING THEY WANT IN THAT CONTRACT.
THAT IS NOT AGAINST PUBLIC POLICY.
THAT'S NOT AGAINST PUBLIC POLICY.
AND THEREFORE IF YOU BUY INTO A HOME, EVEN IF YOU BOUGHT HOMES IN A NEIGHBORHOOD AND YOU MAYBE YOU'RE ONE OF THOSE COMPANIES, YOU BOUGHT TWO HOMES, YOU WANTED TO BUY A LOT MORE, YOU BOUGHT THOSE HOMES SUBJECT TO THOSE RESTRICTIONS.
AND PART OF THOSE RESTRICTIONS SAY WE CAN AMEND THOSE RESTRICTIONS, WE CAN AMEND THE CONTRACT, AND IF WE AMEND A CONTRACT PROPERLY BASED ON THE TERMS OF THE CONTRACT, YOU'RE STUCK WITH IT.
YOU'VE GOT TO LIVE UNDER THOSE RULES NOW.
SO THERE ARE WAYS TO ATTACK IT AND ATTACK THE PROBLEMS. STILL LET PEOPLE HAVE THEIR SHORT TERM RENTAL HOMES, BUT NOT BASICALLY TEAR UP THE NEIGHBORHOOD IN THE PROCESS.
UM, WITH REGARD TO PEOPLE NEEDING LEGAL AID, HAVE THEM CALL THE HOUSTON BAR ASSOCIATION.
THEY CAN REFER THEM TO INDIVIDUALS, THEIR ATTORNEYS WHO VOLUNTEER THEIR TIME.
GULF COAST LEGAL AID HELPS PEOPLE.
YOU CAN ALSO COUNCILWOMAN HUFFMAN, YOU WERE ASKING ABOUT HOW DO I FIND RESTRICTIONS.
THE TEXAS REALTORS ASSOCIATION HAS CREATED A WEBSITE.
THEY WERE BASICALLY, THE LEGISLATURE MADE 'EM DO IT.
AND ALL THE ASSOCIATIONS AND ALL THE NEIGHBORHOODS THAT HAVE RESTRICTIONS ARE SUPPOSED TO HAVE FILED THEIR MANAGEMENT CERTIFICATES WITH THAT WEBSITE.
SO IF YOU PUT IN THE NAME OF A NEIGHBORHOOD, THEY FILE A MANAGEMENT CERTIFICATE.
AND WHY THAT'S IMPORTANT IS IT LISTS OUT EVERY GOVERNING DOCUMENT THAT THEY HAVE.
SO IT WOULD LIST OUT FROM THE ORIGINAL RESTRICTIONS ON DOWN TO EVERY AMENDMENT.
IT LISTS THE BYLAWS, ARTICLES, INCORPORATION, WHO YOU CAN CONTACT FOR ANY INFORMATION ABOUT THAT ASSOCIATION.
SO WITH THOSE NUMBERS FROM THE MANAGEMENT CERTIFICATE, YOU COULD GO LOOK THOSE UP WITH THE HARRIS COUNTY REAL PROPERTY RECORDS.
MAY I ASK A QUESTION CHAIR REALLY QUICK? YES, MA'AM.
AND BUT IS THAT ONLY FOR LIKE HOAS AND POAS? SO IF I HAVE A NEIGHBORHOOD THAT DOES NOT HAVE A HOMEOWNER'S ASSOCIATION OR A CIVIC ASSOCIATION AND I'M JUST TRYING TO FIND DEED RESTRICTIONS FOR THAT NEIGHBORHOOD, YEAH, THEY MAY NOT HAVE FILED IT.
UM, BECAUSE BASICALLY TWO, IT'S UNDER 2 0 9 OF THE PROPERTY CODES, THERE'S GONNA APPLY TO THE HOAS POAS CIVIC CLUBS THAT FIT UNDER 2 0 9.
SO YOUR, SOME OF YOURS MAY NOT.
SOME OF THE REAL OLDER COMMUNITIES MAY NOT, BUT FOR ALL EVERYBODY ELSE YOU CAN CHECK THAT WEBSITE THAT'S TRYING TO MAKE IT EASIER FOR EVERYBODY TO FIND STUFF.
UM, I'M GONNA ADDRESS SOME OF Y'ALL'S OTHER QUESTIONS WITH REGARD TO COMMERCIAL PROPERTY.
AND THIS, THIS APPLIES TO COMMERCIAL PROPERTY AND ALSO RESIDENTIAL.
WHEN YOU HAVE HOMEOWNER ASSOCIATE, WHEN YOU HAVE DEED RESTRICTIONS, THE INDIVIDUALS THAT CAN ENFORCE IT WITH RESIDENTIAL PROPERTY IS YOUR HOMEOWNER ASSOCIATION, THE HOMEOWNERS.
AND ALSO UNDER 2 0 2 0.004, THE PROPERTY CODE, THEY ALLOW SOMEBODY TO ASSIGN A CAUSE OF ACTION.
SO BASICALLY, AND WE'VE HAD PEOPLE DO THAT, UM, IN NEIGHBORHOODS WHERE THEY, I EVEN HAD SITUATIONS WHERE WE DIDN'T HAVE A HOMEOWNER ASSOCIATION, BUT WE HAD HOMEOWNERS WHO WANTED TO GO AFTER ONE INDIVIDUAL WHO WAS MOVING IN TRYING TO BUY A PROPERTY TO DESTROY THEIR NEIGHBORHOOD.
SO, SO WE GOT THEM, WE CREATED A CORPORATION WITH A NAME LIKE A HOMEOWNER ASSOCIATION, NONPROFIT CORPORATION.
THEY ASSIGNED ALL THEIR CAUSES OF ACTION TO THAT CORPORATION.
THAT CORPORATION THEN SUED THAT INDIVIDUAL.
SO IT PUTS A SHIELD BETWEEN THE INDIVIDUAL
[01:00:01]
OWNERS AND THAT PERSON THAT WE'RE GOING AFTER.SO HE WON'T COME AFTER EACH ONE OF THEM INDIVIDUALLY.
SO IT STOPS THEM INDIVIDUALLY FROM BEING SUED.
SO THERE'S WAYS TO DO IT WHERE YOU'RE NOT PUTTING THAT INDIVIDUAL HOMEOWNER'S NECK ON THE LINE BECAUSE THEY'RE ALWAYS GONNA FILE A COUNTERCLAIM AND SAY, YOU PAY MY ATTORNEY'S FEES, BLAH, BLAH, BLAH.
WITH REGARD TO COMMERCIAL PROPERTY, UM, THE TENANTS NEED TO LOOK AT THEIR LEASE.
THEIR LEASE MAY PROVIDE THEM WITH A WAY TO FILE SUIT.
IF THERE'S ANY VIOLATIONS, IT MAY BE WRITTEN IN THE LEASE, AND IF IT IS, THEN THEY CAN ENFORCE IT.
YOU HAVE THE H THE MOST TIME IF THEY HAVE RES, IF THEY HAVE RESTRICTIONS ON COMMERCIAL PROPERTY, YOU CAN FIND IT LIKE OUT IN THE WOODLANDS.
UM, IT, AND, AND BIGGER NE BIGGER SUBDIVISIONS LIKE OUT IN THE DALLAS AREA, AND THERE MAY BE SOME LIKE IN KINGWOOD TO WHERE IF YOU HAVE A PIECE OF COMMERCIAL PROPERTY THAT IS LOCATED IN A LARGER RESIDENTIAL COMMUNITY, THEY WILL HAVE A SEPARATE RESTRICTIONS FOR THAT COMMERCIAL PROPERTY.
AND USUALLY WHAT THEY DO IS THEY MAY ALLOW THAT HOMEOWNER ASSOCIATION BOARD TO ENFORCE THOSE RESTRICTIONS AND TO MAKE SURE THOSE RESTRICTIONS ARE COMPLIED WITH BECAUSE IF THEY'RE NOT, THEY HAVE SUCH A DRAMATIC EFFECT ON THE RESIDENCES OUT IN THE NEIGHBORHOOD.
SO THE HOA THAT IS SET UP TO ENFORCE THOSE RESTRICTIONS WOULD BE ABLE TO OWNERS OF THE PROPERTY AND POSSIBLY TENANTS BASED ON WHAT'S WRITTEN IN THEIR PARTICULAR LEASE AGREEMENT.
UM, WITH REGARD TO COMMERCIAL USE A LOT, THE GOOD THING ABOUT IT IS, IS BECAUSE OF THE INTERNET NOW PEOPLE HAVE WEBSITES AND PEOPLE HAVE FACEBOOK AND PEOPLE HAVE INSTAGRAM.
SO YOU CAN FIND OUT REAL EASILY IF SOMEBODY'S RUNNING A COMMERCIAL BUSINESS BECAUSE THEY'LL BRAG ABOUT IT.
AND I'VE HAD PEOPLE SAY, I'M NOT RUNNING A BUSINESS, I'M SAYING I'M IN HERE LOOKING AT YOUR WEBSITE AND YOU'RE RUNNING IT OUTTA YOUR HOME.
AND SO, BUT MAKE SURE BEFORE ANYBODY CONTACTS THEM, MA THEY'LL TAKE THAT DOWN.
SO MAKE SURE YOU HAVE PROOF THAT THEY HAD THAT WEBSITE, THAT FACEBOOK OR ANYTHING ELSE.
I MEAN, YOU CAN MINE SOME GOLD THERE WITH REGARD TO WHAT PEOPLE ARE DOING.
PEOPLE WILL BAG BRAG ABOUT WHAT THEY'VE, YOU KNOW, IF THEY'VE BUILT A SHED IN THEIR BACKYARD AND THEY DIDN'T GET APPROVAL FROM THE HOA, THEY'LL PUT IT ON FACEBOOK.
IT'S LIKE, THANK YOU VERY MUCH.
YOU KNOW, YOU JUST SHOW THAT IN FRONT OF A JURY.
TELL YOUR CONSTITUENTS TO USE 'EM TOO.
COUNCIL MEMBER DAVIS HAS A QUESTION FOR YOU.
THANK YOU FOR, UH, THE INFORMATION THAT YOU PROVIDED BEEN PRETTY HELPFUL.
YOU SPOKE ABOUT DALLAS AND THE AREAS THERE ARE YES SIR.
IS ARE THEY, IS DALLAS A ZONING CITY? YES.
DALLAS IS A ZONE CITY AND THEY HAVE BEEN SO ADAMANT TOO, EVEN THOUGH THEY'RE ZONED, YOU KNOW, THEY'VE HAD SUCH DEVELOPMENT OUT THERE AND EVEN, AND EVEN THE SMALLER CITIES ARE ALSO MM-HMM
WELL, YOU KNOW, I-I-I-I-I JUST WANT TO KIND OF PIGGYBACK ON MY COLLEAGUE AND FRIEND, UM, UH, COUNCIL MEMBER MARTINEZ, BECAUSE I REMEMBER BEING IN THIS CITY COURSE ALL MY LIFE AND I REMEMBER THE TIMES WHEN THE ISSUES OF ZONING CAME UP AND THE PEOPLE WHO WERE PREZONING AND THOUGH IT WAS ANTI ZONING, BUT AGAIN, IT WAS A DIFFERENT TIME.
AND OUR CITY HAS TAKEN ON SO MANY DIFFERENT LOOKS.
SO MANY DIFFERENT OF OUR AREAS HAVE BEEN IMPACTED BY DIFFERENT, YOU KNOW, PEOPLE MOVING IN AND THAT TYPE OF THING.
SO LET ME JUST ASK THE QUESTION, AND I'M NOT TRYING TO INSINUATE THAT HOUSTON ALL TO GO TO ZONING, BUT I, I WOULD LIKE TO SUGGEST THAT WE HAVE SOME DISCUSSION, I BELIEVE, WITH THIS COUNCIL AND ADMINISTRATION AND INTRODUCE IT BACK TO THE CITY AS A WHOLE TO MANY OF THE DISTRICTS AND TO HAVE, TAKE A SURVEY AND THEN SHOW THE PROS, THE CONS TO EVERYBODY.
'CAUSE I'M CERTAINLY ONE FOR ADVOCATING BUSINESS.
I, I CERTAINLY DON'T WANT TO, UM, SHORTCHANGE ANYBODY WHO WANTS TO START A NEW BUSINESS AND THOSE TYPE OF THINGS.
BACK IN THE YEARS AGO, SOME 20 YEARS BACK WHEN I REMEMBER THE DISCUSSION ON ZONING AND THEY, THOSE WHO WAS AGAINST IT, PUT THE FEAR INTO THE HEARTS OF PEOPLE ABOUT, IF YOU'RE ZONED, YOU'RE GOING TO DO THIS.
BUT WE TALK ABOUT NOISE LEVELS.
WE HAVE COUNCIL MEMBERS AROUND THIS TABLE,
[01:05:01]
YOU KNOW, WHO TALKS ABOUT NOISE IN OUR COMMUNITIES AND HOW MUCH NOISE THEY COMMIT.THEY TALK ABOUT DUMPS, YOU KNOW, PEOPLE DUMPING IN COMMUNITIES THAT ARE OUT OF CONTROL.
UH, NOT ON THE LAWS, BUT PEOPLE ALWAYS TALK ABOUT THE AIR CONTROL OF WHAT'S GOING ON IN OUR COMMUNITY.
SO I THINK THAT THE DISCUSSION NEED TO COME UP AGAIN.
SO LET ME JUST ASK YOU FOR YOUR OPINION, JUST FOR MY RECORD.
HOW DO YOU FEEL OF A CITY THIS SIZE AND THE MAGNITUDE THAT WE ARE, AND THE PROBLEMS THAT WE ARE HAVING? WE ARE HEARING FROM CIVIC ASSOCIATIONS ALL THE TIME.
ALL THESE COUNCIL MEMBERS, WE GET IT.
THEY CALL US AND CALL US AND CALL US.
SO WHAT IS YOUR LEGAL AND PROFESSIONAL OPINION ABOUT ZONING CITIES AND NOT ZONING? I THINK IT WOULD BE BENEFICIAL.
I MEAN, ACTUALLY I'VE HAD, AND I'VE USED REALTORS AS EXPERTS AND STUFF LIKE THAT, TESTIFYING ABOUT RESTRICTIONS AND STUFF.
AND I'VE HAD REALTORS TESTIFY THAT WHEN PEOPLE ARE MOVING IN FROM OTHER STATES AND STUFF AND THEY'RE TOLD HOUSTON DOESN'T HAVE ZONING, THEY'RE LIKE, WHAT? ARE YOU KIDDING ME? YEAH.
AND SO THEY, THAT'S WHY THEY WANNA MOVE TO A DEED RESTRICTED NEIGHBORHOOD THAT THE RESTRICTIONS ARE ENFORCED.
THEY, THEY WANT THAT BECAUSE THEY WANT TO PROTECT THEIR PROPERTY VALUES.
AND I HAVE TALKED TO, I'M SURE A LOT OF Y'ALL'S CONSTITUENTS WHO, THEY'RE OLDER, THEY'RE ON FIXED INCOME, THEY'VE LIVED IN THEIR HOMES FOR YEARS.
AND THEY'RE NOT, THEY WANT TO PROTECT THEIR HOMES.
BUT WHAT'S COMING UP AROUND THEM, IT'S IT, THEY CAN'T PROTECT THEM.
THEY'RE NOT RE, THEY MAY HAVE RESTRICTIONS, BUT NOBODY CAN ENFORCE THEM 'CAUSE THEY JUST DON'T HAVE THE MONEY.
AND SO WE NEED SOMETHING TO HELP THOSE PEOPLE.
LAST POINT YOU SPOKE ABOUT, UM, THESE, UM, SHORT TERM RENTALS.
SHE TALKED ABOUT THE SHORT TERM RENTALS AND WHAT THEY DO IN REGARDS TO THE COMMUNITY.
NOW WE DO KNOW PEOPLE WILL BUY PROPERTY, OWN THE PROPERTY, LEASE THE PROPERTY OUT, AND THEN MOST OF OUR CIVIC ASSOCIATION COMMUNITY IS TRYING TO CHASE THAT OWNER.
AND THAT OWNER COULD LIVE IN COLORADO, LIVE IN TIMBUKTU.
NOW YOU HAVE THE PROBLEM OF TRYING TO, UM, ENFORCE SOME THINGS UPON THEM.
'CAUSE THEY, THEY'RE NOT EVEN IN EXISTENCE.
SO, SO AGAIN, UM, IN THAT PROPOSAL THAT YOU BROUGHT OUT AS TO, WERE THEY LIMITED OR WAS IT LIKE THREE? UH YES SIR.
WHAT THAT, WHAT THAT, AND THAT'S A LARGE COMMUNITY.
THEY'RE PROBABLY A 3000 HOME COMMUNITY.
BUT THEY, THEY GOT FEARFUL OF WHAT WAS FIXING TO HAPPEN.
AND SO WHAT THEY SAID IS, WE'RE GONNA LIMIT IT TO THREE.
I SAID, THERE'S NO CASE LAW ON THIS.
AND THEY SAID, THAT'S ALL RIGHT.
SO WE MAY HAVE A TEST CASE THERE SOMEDAY AND BE ABLE TO TELL YOU THAT.
I MEAN, WE'VE EVEN GOT A CASE RIGHT NOW, WHICH WOULD ALSO HELP THE, SOME OF YOUR NEIGHBORHOODS THAT DON'T REALLY HAVE, UM, THE ABILITY TO ENFORCE THEIR RESTRICTIONS.
WELL, I KNOW PEOPLE HAVE A LOT OF PROBLEMS WITH PEOPLE PARKING ON PUBLIC ROADS IN NEIGHBORHOODS.
AND THAT MAKES IT TO WHERE IF YOU'RE PARKED ON BOTH SIDES OF THE ROAD, YOU CAN'T GET AN AMBULANCE IN THERE.
YOU CAN'T GET FIRE TRUCKS IN THERE.
WELL, ONE OF OUR COMMUNITIES UP IN THE DALLAS AREA.
AND WHAT'S SHOCKING IS THERE IS ABSOLUTELY NO CASE LAW IN THE STATE OF TEXAS AS LONG AS WE'VE HAD RESTRICTIONS THAT SAYS WHETHER OR NOT A HOMEOWNER ASSOCIATION CAN ENFORCE A RESTRICTION THAT DOESN'T ALLOW, BASICALLY OUR RESTRICTION IS WRITTEN LIKE THIS.
YOU MUST PARK YOUR CAR OR VEHICLE IN THE GARAGE OR ON THE DRIVEWAY.
SO WE ARE NOT FORBIDDING PEOPLE FROM PARKING ON THE PUBLIC STREET, BUT IF THEY ARE, THEY'RE IN VIOLATION OF THE RESTRICTION.
WELL, THE CITY OF ROCKWELL SAID, YOU CAN'T ENFORCE THAT.
THAT'S OUR JOB TO ENFORCE A PUBLIC ROAD.
BUT IF YOU LOOK AT THE TRANSPORTATION CODE, THAT'S NOT A VIOLATION OF THE TRANSPORTATION CODE THAT WAS WRITTEN BY THE LEGISLATURE.
SO RIGHT NOW WE'RE UP IN THE COURT OF APPEALS IN DALLAS.
WE'RE GONNA SEE WHAT THEY SAY AND IT WILL END UP IN THE TEXAS SUPREME COURT.
'CAUSE THEY'VE NEVER LOOKED AT THIS ISSUE OF WHETHER A HOMEOWNER ASSOCIATION CAN BASICALLY FIND PEOPLE FOR PARKING ON A PUBLIC ROAD IN A DEED RESTRICTED NEIGHBORHOOD.
IF THEY SAY THAT IT'S GONNA HELP EVERYBODY OUT.
NOW THERE'S TWO CASES, ONLY TWO OTHER CASES IN THE WHOLE UNITED STATES, ONE OUT OF MISSOURI AND ONE OUT OF NEW JERSEY, AND THEIR SUPREME COURTS BOTH SAID YES, A HOMEOWNER ASSOCIATION CAN ENFORCE THAT CONTRACT AGAINST THOSE RESIDENTS BECAUSE THAT'S A CONTRACT
[01:10:01]
THAT THEY AGREED TO.SO THEY COULD STOP IN THOSE STATES.
THEY COULD STOP PAR PARKING ON PUBLIC STREETS IN THEIR NEIGHBORHOOD.
UH, I'M JUST CURIOUS, WHAT SIDE OF THAT LAWSUIT DO YOU HAVE? THE GOOD SIDE? I'M REPRESENTING THE HOA
UM, COUPLE COUNCIL MEMBERS HAVE BROUGHT UP SONY, UH, WHICH HAS BEEN A CONTROVERSIAL TOPIC IN HOUSTON'S HISTORY.
LAST QUALITY OF LIFE MEETING, WE HEARD ABOUT SHORT TERM RENTALS AND WHY THE CITY CANNOT JUST BAN THEM ENTIRELY.
RIGHT? BECAUSE IT WOULD CONSTITUTE A TAKING AND THEN THE CITY WOULD OWE, YOU KNOW, COMPENSATION TO THOSE PROPERTY OWNERS HAVING REDUCED THE ECONOMIC VALUE OF THEIR PROPERTY.
SO JUST THINKING OUT LOUD, IF HOUSTON WERE TO ENACT SOME TYPE OF ZONING ORDINANCE, WOULD THAT INVOKE THAT TAKINGS DOCTRINE? I THINK WHAT WE NEED TO DO IS, IF HOUSTON EVEN WAS LEANING THAT WAY OF POSSIBLY LET'S DO SOME TYPE OF ZONING TO HELP THE PEOPLE OUT AND IN IT ADDRESS SHORT TERM RENTALS.
WE NEED TO TAKE THE CASES, THE APPELLATE CASES THAT HAVE RECENTLY COME DOWN WHERE OTHER CITIES HAVE TRIED TO DO THAT.
I KNOW AUSTIN IS TRYING TO DO IT.
DALLAS HAS ALREADY GONE UP TO THE COURT OF APPEALS LOOK AND SEE WHAT THOSE COURTS SAID, BECAUSE THERE'S GOING TO BE A HOLE SOMEWHERE.
AND SO IF WE CAN WRITE IT A STATUTE WITHIN THE BOUNDS OF WHAT THE COURT OF APPEALS ARE LOOKING AT AND SAYING, THEN WE'RE GONNA HAVE SOMETHING THAT'S ENFORCEABLE, THAT'S NOT GONNA BE A TAKING.
SO WE NEED REALLY TO DISSECT THE LANGUAGE IN THOSE COURT CASES.
LOOK AT THE STATUTES THAT DALLAS WROTE.
LOOK AT THE STATUTE THAT AUSTIN WROTE.
GET IN TOUCH WITH THOSE PEOPLE IN DALLAS AND AUSTIN BECAUSE THEY'RE TWEAKING THEIRS AGAIN, TO SEE WHAT THEY CAN DO.
EVERYBODY PUT THEIR HEADS TOGETHER AND SEE WHAT WE CAN COME UP TO.
'CAUSE WE DON'T WANNA STOP SHORT-TERM RENTALS COMPLETELY, BUT WE WANNA STOP WHERE THEY'RE BRINGING IN THE PARTIES FOR THE WEEKEND AND EVERYTHING ELSE.
SO ALL THE CITY, THEY CAN PUT THEIR HEADS TOGETHER AND COME UP WITH SOMETHING THAT THE COURTS WILL LIVE WITH.
AND THAT'S WHAT I WOULD RECOMMEND WE DO.
UM, I'M GONNA GO AHEAD AND LET YOU CONTINUE WITH YOUR PRESENTATION AND THEN WE'LL HAVE MORE QUESTIONS FOR YOU.
UM, I WANTED TO POINT OUT LIKE WITH GATED COMMUNITIES, IF ANY OF Y'ALL HAVE GATED COMMUNITIES IN YOUR NEIGHBORHOODS, GATED COMMUNITIES, THEIR ROADS ARE PRIVATE.
THAT'S THE ONLY REASON THEY GET TO GATE THEIR COMMUNITIES.
THEY'RE NOT CONSIDERED PUBLIC ROADS.
AND SO THEY'LL BE RESPONSIBLE FOR TAKING CARE OF THEIR OWN ROADS IN THEIR PARTICULAR COMMUNITY.
WITH REGARD TO, AND I KNOW HOUSTON HAS SOME VERY, VERY OLD RESTRICTIONS, LIKE DAMON POINTED OUT.
SOME OF 'EM WERE CREATED BACK LIKE IN THE TWENTIES AND, AND 1910 AND EVERYTHING ELSE.
IF THERE IS ANY LANGUAGE IN A RESTRICTION THAT TRIES TO DISCRIMINATE BASED ON RACE, BASED ON RELIGION THAT'S CONSIDERED VOID AND AGAINST PUBLIC POLICY, IT IS NOT ENFORCEABLE.
YOU WON'T HAVE A JUDGE IN THIS COUNTY THAT WOULD ENFORCE SOMETHING LIKE THAT.
YEARS AGO USED TO SAY YOU HAVE TO HAVE WOOD SHINGLES ON YOUR HOMES.
THE LEGISLATURE PASSED A STATUTE SAID NO MORE WOOD SHINGLES, YOU'RE BURNING UP THE WHOLE NEIGHBORHOOD.
'CAUSE THEY'LL LIGHT ON FIRE SO BAD.
SO IF ANYTHING'S IN THERE THAT'S AGAINST PUBLIC POLICY OR AGAINST THE US CONSTITUTION OR THE STATE CONSTITUTION, IT'S NOT GONNA BE ENFORCEABLE.
SO WITH REGARD TO THOSE, WE JUST, YOU KNOW, YOU MIGHT AS WELL WHITE 'EM OUT, THEY'RE GONE.
THEY'RE NOT GONNA, THEY'RE NOT GONNA ENFORCE THOSE.
AND THEN WITH REGARD TO WHEN A DEVELOPER OWNS A PIECE OF PROPERTY, UH, UH, COUNCILMAN DAVIS, YOU WERE POINTING OUT, DO THEY HAVE TO GO TO THE PEOPLE AROUND THEM? UNFORTUNATELY, THEY DON'T, UNLESS, LIKE DAMON POINTED OUT, IF THAT PROPERTY, WHAT WE COULD DO IS IF THE PERSON WHO OWNED THE PROPERTY BEFORE THEY SOLD IT TO DEVELOPER, IF THEY HAD A RESTRICTION ON THERE THAT SAID YOU HAVE TO GET APPROVAL FROM PEOPLE AROUND YOU, THEN THE DEVELOPER WOULD HAVE TO COME.
BUT OTHERWISE THEY'RE FREE AND CLEAR TO DO ANYTHING THAT THEY'RE ALLOWED TO DO UNDER CITY ORDINANCE OR WHEN THEY PLA THE PROPERTY AND EVERYTHING ELSE.
THAT Y'ALL HAVE ANY OTHER QUESTIONS OR ANYTHING? UM, I'VE, I'VE GOT YOU AND I HAD A NICE CONVERSATION BEFORE THIS MEETING.
UM, YOU'VE GOT, I THINK YOU TALKED ABOUT A CASE THAT YOU'VE HANDLED WHERE YOU GOT A TRO OR A TEMPORARY RESTRAINING ORDER, UM, IN JOINING OR PREVENTING A COURT COURT ORDERED, UH, ENJOINING OR PREVENTING, UM, HOMEOWNER OR A PROPERTY OWNER FROM, FROM
[01:15:01]
DOING SOMETHING.I THINK IT WAS, WAS IT A SHORT-TERM RENTAL SITUATION? YES, SIR.
CAN YOU TELL US ABOUT THAT, THAT CASE? YES.
UH, BASICALLY WHAT HAD HAPPENED IS THE INDIVIDUAL, HE WAS GONE OFFSHORE A LOT.
SO HE LET HIS FRIEND START LEASING OUT HIS HOME.
AND IT WAS ON A SHORT TERM BASIS AND IT WAS A NICE RESIDENTIAL SUBDIVISION.
AND WHAT HE WAS DOING IS HE STARTED AND HE WAS ADVERTISING IT ON SOCIAL MEDIA AND STUFF LIKE THAT.
AND THE NEIGHBORS STARTED COMPLAINING.
'CAUSE ON WEEKENDS IT WAS A SOLID PARTY AND THEY CLEARED OUT ALL THE FURNITURE IN THE HOME, DRAPES OPEN, PEOPLE DRINKING, GOING ALL NIGHT LONG, AND THERE'S KIDS AROUND AND EVERYTHING.
SO THE, THE HOMEOWNER ASSOCIATION WE REPRESENT CONTACTED US.
WE BASICALLY FILED A LAWSUIT FOR A TEMPORARY RESTRAINING ORDER, TOOK IT BEFORE JUDGE INGLEHART AND TOLD HIM, AND HE IMMEDIATELY SIGNED A RESTRAINING ORDER, SHUTTING THEM DOWN.
UH, AND BASICALLY IT WAS, AND THE RESTRICTIONS DIDN'T SAY ANYTHING ABOUT SHORT-TERM RENTALS OR ANYTHING.
WE WENT UNDER, BASICALLY THIS IS A JEOPARDIZING THE HEALTH AND SAFETY OF THE NEIGHBORHOOD, NOT ONLY BASED ON THE RESTRICTIONS, BUT UNDER COMMON LAW.
YOU HAVE THE RIGHT TO SUE SOMEBODY FOR JEOPARDIZING THE HEALTH AND SAFETY.
AND HE HAD TO PAY ALL THE ATTORNEY'S FEES THAT HAD BEEN INCURRED BY THE HOMEOWNER ASSOCIATION FOR THAT.
UNFORTUNATELY, IT TAKES MONEY UP FRONT TO DO IT, BUT WE CAN STOP PEOPLE FROM DOING THAT.
WE HAD ANOTHER GENTLEMAN THAT PUT IN, UH, COMMERCIAL JUNKYARD, YOU KNOW, WITH THE FLATTENED CARS AND ALL THAT AND THE REFRIGERATORS THAT YOU COULD OPEN.
AND WE, AND HE WAS, THAT PIECE OF PROPERTY WAS NOT RESTRICTED.
IT WAS RIGHT IN FRONT OF THE SUBDIVISION, NOT RESTRICTED.
WE WENT UNDER THE COMMON LAW NUISANCE AND WENT AFTER HIM AND GOT THAT SHUT DOWN AND GOT THAT CLEARED OUT.
THERE'S, BUT IT'S GONNA TAKE SOME MONEY TO, TO GET IT DONE.
AND HOW, HOW OFTEN WOULD YOU SAY WHEN YOU WIN A LAWSUIT LIKE THAT, IT'S POSSIBLE TO GET THE ATTORNEY'S ATTORNEY'S FEE PAID FOR BY THE LOSING PARTY? IT'S, UM, THE GOOD THING IS BECAUSE YOU'RE IN HARRIS COUNTY UNDER 2 0 4, THE PROPERTY CODE 2 0 4 0.010, AND THIS IS ONLY FOR HARRIS COUNTY, GALVESTON COUNTY AND MONTGOMERY COUNTY.
BUT BECAUSE 2 0 4 STATES IN THAT SECTION THAT ANY ATTORNEY'S FEES THAT ARE INCURRED FOR RES DEED RESTRICTION VIOLATIONS CAN BE TREATED LIKE AN ASSESSMENT.
WELL, THAT MEANS WE CAN ASK FOR FORECLOSURE FOR ATTORNEY'S FEES FOR DEED RESTRICTION VIOLATIONS.
SO IF WE GET A JUDGMENT AGAINST THIS PERSON AND THEY DON'T WANT TO PAY OUR ATTORNEY'S FEES IN THE JUDGMENT, THE JUDGE WILL GIVE US AN ORDER OF SALE.
SO WE CAN BASICALLY TAKE THAT TO THE CONSTABLE AND WE COULD FORECLOSE AND TAKE THAT HOME FOR THOSE ATTORNEY'S FEES BECAUSE OF THAT STATUTE.
SO IF THEY DON'T PAY IN HARRIS COUNTY, YOU'VE GOT SOME, YOU'VE GOT SOME TEETH TO IT.
THE, IN OTHER COUNTIES, THE PROBLEMS YOU RUN INTO IS IF YOU DON'T HAVE 2 0 4 AND IT'S NOT PROVIDED IN YOUR RESTRICTIONS, THEN TEXAS WAS CREATED BY A BUNCH OF DEBTORS.
YOU, YOU KNOW, WE CAN'T TAKE YOUR HOME, WE CAN'T TAKE YOUR CAR, WE CAN'T TAKE $60,000 WORTH OF HOME FURNISHINGS.
WE CAN'T TAKE YOUR RETIREMENT, WE CAN'T GARNISH YOUR WAGES.
SO YOU CAN, YOU KNOW, OWN A $10 MILLION HOME AND SAY IT'S MY HOMESTEAD AND I'M NOT GONNA TOUCH ANY OF THAT.
SO YOU CAN HIDE YOUR MONEY IN YOUR HOMESTEAD AND HIDE YOUR MONEY IN YOUR RETIREMENT AND SOMEBODY CAN HAVE A HUMONGOUS JUDGMENT AGAINST YOU.
SO WE, WE SAW THAT WITH, WITH WHAT A LOT OF PEOPLE DID WHEN ENRON WENT UNDER, THEY WENT OVER TO RIVER OAKS AND BOUGHT EXPENSIVE HOMES.
UM, SUSIE, WE HAVE, UH, A STAFF IN THE QUEUE AND WE'LL GO NOW TO, UH, PERDITA CHAVIS FROM, UM, UH, VICE OR MAYOR PRO TEM CASTEX TATUM'S OFFICE.
AND THANK YOU FOR HAVING THIS DISCUSSION AT THIS QUALITY OF LIFE COMMITTEE MEETING.
UM, AND SUSIE RICE AND GARRETT, IT'S GOOD TO SEE YOU.
YOU'VE WORKED WITH ME, I PRO TEM IN THE PAST ON DEEP RESTRICTION WORKSHOPS AND DISTRICT K.
AND, UM, THE INFORMATION IS VERY, UM, BENEFICIAL TO THE RESIDENTS.
UM, MY QUESTION IS, I KNOW THAT TRANSITIONAL HOUSING IS NEEDED, YOU KNOW, IN THE CITY.
UM, BUT SOME CONCERNS WERE BROUGHT FORTH RECENTLY.
UM, AS FAR AS THE ACTIVITY THAT HAPPENS IN THE NEIGHBORHOOD BY SOME OF THE RESIDENTS, UM, IN THOSE TYPE OF HOUSINGS LIKE, UM, BOARDING HOUSES OR UM,
[01:20:01]
HALFWAY HOUSES, WHAT RECOURSE WOULD AN ORGANIZATION HAVE TO ADDRESS THAT, IF ANY? WELL, WHAT THEY CAN DO, 'CAUSE A LOT OF 'EM RUN INTO THAT KIND OF PROBLEM.THE HOUSES THAT HOUSE PEOPLE WHO HAVE LIKE PHYSICAL PROBLEMS, PHYSICAL DISABILITIES OR MENTAL DISABILITIES, UM, THOSE HOUSES SHOULD BE LICENSED WITH THE STATE OF TEXAS.
SO IF YOU'RE, IF PEOPLE ARE HAVING PROBLEM, THEY SHOULD FIRST FIND OUT ARE THEY LICENSED, AND THEN IF THEY ARE, THEY'RE, EVEN IF THEY'RE NOT, THEY'RE SUPPOSED TO HAVE SOMEBODY THERE 24 HOURS A DAY WATCHING THOSE PARTICULAR INDIVIDUALS SO THAT THEY'RE NOT ABLE TO, YOU KNOW, GET OUT OF THE HOME BY THEMSELVES AND EVERYTHING.
'CAUSE IT CAN BE HARMFUL TO THEM TOO.
SO CHECK AND SEE IF THEY HAVE A LICENSE, IF THEY DON'T TURN 'EM INTO THE STATE AND TELL 'EM THEY ARE RUNNING A HOME HERE AND THEY'RE NOT LICENSED.
AND THEN TELL THE PEOPLE TO KEEP ON THAT STATE INVESTIGATOR.
KEEP AFTER THEM TO DO SOMETHING ABOUT THIS HOME BECAUSE IT'S PUTTING THOSE RESIDENTS IN JEOPARDY A LOT OF TIMES.
AND IF THEY'RE NOT COMPLYING WITH THAT, THEN THEY MAY NOT BE COMPLYING WITH THE FIRE CODE OR ANYTHING ELSE.
AND THAT'S WHAT YOU MAY WANNA DO.
CONTACT, TELL 'EM TO CONTACT THE FIRE MARSHAL AND SEND THEM OVER THERE BECAUSE THEY MAY HAVE TOO MANY PEOPLE IN THAT HOME WHO ARE NOT, WHO ARE NOT RELATED WITH REGARD TO KEEPING IT AS A HOME FOR THE PEOPLE WHO ARE DISABLED, TURN 'EM INTO THOSE PARTICULAR AGENCIES.
LOOKING AT NOTES FROM A PRIOR PRESENTATION YOU MADE AND YOU, AT THAT PRESENTATION, YOU SPOKE TO THE STATUTE OF LIMITATIONS FOR ENFORCING DEED RESTRICTIONS.
COULD YOU TALK ABOUT THAT? YES, SIR.
UH, BASICALLY SINCE IT'S A CONTRACT DEED RESTRICTIONS ARE A CONTRACT.
THERE'S A FOUR YEAR STATUTE OF LIMITATIONS AND THE STATUTE OF LIMITATIONS COMES UP WHEN THE VIOLATION BEGINS.
NOW, THERE IS AN EXCEPTION TO THAT WITH REGARD TO, THERE'S A, WE WHAT WE CALL A DISCOVERY RULE.
NOW, IF SOMETHING'S OPEN AND OBVIOUS, THEN IF CAN'T SAY, OOH, IT'S BEEN SIX YEARS AND I JUST DISCOVERED IT WHEN IT WAS RIGHT THERE IN THE FRONT YARD.
BUT LIKE WHERE THERE'S A CASE OUT THERE WHERE THE COURT OF, AND IT WENT UP TO THE COURT OF APPEALS WHERE THE, THESE PEOPLE HAD BUSHES THAT WERE GROWN UP IN FRONT OF THEIR FRONT DOOR SO NOBODY COULD SEE WHAT THEY HAD DONE TO THE FRONT DOOR AND THE WINDOW AND EVERYTHING ELSE.
SO THEY DECIDED TO CUT IT DOWN AND THE OA IS LIKE, WHAT? WAIT A MINUTE, YOU MADE ALTERATIONS AND YOU DIDN'T GET APPROVAL.
SO THEY FILED SUIT AGAINST THEM.
THEY TRIED TO SAY, HEY, IT'S BEEN THERE EIGHT YEARS, YOU DIDN'T DO ANYTHING.
THE PEOPLE DIDN'T WIN THE HOA WON BECAUSE OF THE DISCOVERY RULE.
IF IT'S HIDDEN, THEN THE DISCOVERY RULE SAYS ONCE YOU TAKE IT DOWN, THAT'S WHEN THE CAUSE OF ACTION BEGINS.
WHEN THE HOA COULD FINALLY SEE IT.
AND IT BECAME OPEN AND OBVIOUS TO 'EM.
SO THERE'S ALWAYS A FOUR YEAR STATUTE OF LIMITATIONS.
YOU'VE GOTTA KEEP THAT IN MIND WITH REGARD TO RESTRICTIONS.
OTHERWISE, IF YOU GO BEYOND THE FOUR YEARS, YOU'RE DEAD IN THE WATER.
EXCEPT THERE'S ONE INTERESTING CASE AND THERE'S ALWAYS AN EXCEPTION IN THE LAW.
YOU KNOW, IT
UH, THERE WAS A LADY WHO WAS RUNNING A BEAUTY SHOP OUT OF HER GARAGE AND SHE HAD HAD IT FIVE YEARS IN THE HOA SUIT HER, THE LADY WON FIRST TIME AROUND BECAUSE IT HAD BEEN FIVE YEARS AND THE COURT OF APPEAL SAID, IT'S BEEN FIVE YEARS, YOU CAN'T DO THAT.
SO SHE THEN, AFTER SHE WON, SHE SHUT IT DOWN, WENT THREE WEEKS TO VISIT FAMILY IN MINNEAPOLIS, CAME BACK, OPENED UP HER BEAUTY SHOP AGAIN.
THEY SUED HER AGAIN AND THE COURT OF APPEAL SAID, OOPS, YOU STARTED A NEW CAUSE OF ACTION, SO NOW THEY CAN SHUT YOU DOWN.
SO IT'S, IT'S IMPORTANT TO KEEP AN EYE OUT ON THAT.
ONE LAST TOPIC BEFORE WE OPEN IT UP TO QUESTIONS FROM THE AUDIENCE.
AND THAT'S THE TOPIC OF SQUATTERS.
UH, PEOPLE WHO MOVE INTO HOUSES WHEN THE OWNER IS AWAY RIGHT.
MY UNDERSTANDING IS THAT THE DISTRICT ATTORNEY'S OFFICE LOCALLY WON'T DO ANYTHING IN REGARDS TO FILING, UH, UH, UH, AN OFFENSE IN THAT SORT OF SITUATION.
WHAT ADVICE WOULD YOU GIVE A HOMEOWNER OR AN HOA WHEN YOU HAVE A SQUATTER IN A RESIDENCE? THE, THE HOMEOWNER NEEDS TO DO SOMETHING IMMEDIATELY.
AND ESSENTIALLY THEY CAN FILE A LAWSUIT AGAINST THIS SQUATTER AND THEY'LL GET RID OF THEM, BUT THEY WILL SPEND MONEY IN ORDER TO DO IT.
YOU'RE NOT GONNA GET THAT BACK.
YOU'RE, I MEAN, THEY, WHAT ARE YOU GONNA GET ATTORNEY'S FEES OUTTA? THEY'RE ALREADY SQUATTING IN YOUR HOME.
YOU KNOW, THEY DON'T HAVE, THEY CAN'T EVEN AFFORD TO PAY FOR A HOME.
[01:25:01]
YOURS, BUT THEY HAVE TO FILE SUIT.SO ACT IMMEDIATELY GET A LAWYER AND FILE SUIT WOULD BE THE ADVICE OF THAT SITUATION.
UM, WHAT I'D LIKE TO DO NOW IS IF, IF YOU'RE IN THE AUDIENCE AND YOU WOULD LIKE TO ASK A QUESTION OF, UH, MS. RICE, WOULD YOU RAISE YOUR HANDS? OKAY.
THEN WHAT I'LL, WHAT I'LL DO AT THIS POINT, UH, WE'LL GET TO YOUR QUESTIONS IS, SUSIE, IF YOU WOULDN'T MIND, I'LL ASK YOU TO MOVE OVER.
TO THE SEAT, UH, WHERE OUR CITY ATTORNEY ARTURO MICHELLE NORMALLY SITS.
YOU'LL BE ON CAMERA OVER THERE AND, AND GARRETT WILL ACCOMPANY YOU.
AND, UM, THIS IS NOT TECHNICALLY THE PUBLIC COMMENT, UH, PORTION.
THIS IS THE QUESTION AND ANSWER.
WE WILL HAVE PUBLIC COMMENT, SO YOU'LL GET THE, A CHANCE TO, TO SPEAK.
BUT IF YOU HAVE A QUESTION OF ATTORNEY RICE, THEN UH, PLEASE COME FORWARD, UH, TO THE MICROPHONE AND SHE'LL BE HAPPY TO ANSWER YOUR QUESTION.
AND IF YOU WOULDN'T MIND STATING YOUR NAME AND THEN ASKING YOUR QUESTION.
MY NAME IS GWEN RANSOM AND I WANNA JUST THANK UH, YOU ALL FOR HAVING THIS, UH, DISCUSSION TODAY.
UH, 'CAUSE THIS REALLY IS IMPORTANT.
UH, THERE'S A LOT OF INFORMATION THAT'S BEEN GIVEN.
UM, I LIVE IN A TOWN HOME COMMUNITY.
WE HAVE A HOMEOWNERS ASSOCIATION.
AS AN OWNER, I FEEL LIKE I HAVE, I JUST HAVE NO SAY SO IN ANYTHING.
UM, THE BOARD IS MADE UP OF FIVE MEMBERS.
THREE CAN DECIDE OUT OF THE FIVE TO DO WHATEVER.
SO IT'S GOTTEN TO A POINT WHERE YOU LOOK AT, IF YOU LOOK AT THE ORIGINAL COVENANT THAT WAS, UM, MADE WHEN THE PROPERTY WAS BUILT, UM, THERE WERE THINGS, YOU KNOW, EVERYBODY WAS RESPONSIBLE FOR.
YOU HAD OWNERS RESPONSIBLE FOR THINGS, BUT YOU ALSO THEN HAD THE BOARD RESPONSIBLE.
SO AS TIME HAS MOVED ON, 'CAUSE I'VE BEEN THERE A LONG TIME, UM, IT'S THOSE THINGS THAT WERE COVERED BY THE BOARD, THEY'RE SLOWLY BECOMING NOW THINGS THAT THE OWNERS ARE RESPONSIBLE FOR.
AND, UM, WE HAVE, ANOTHER PROBLEM THAT WE HAVE IS LACK OF TRANSPARENCY.
WE DON'T KNOW, WE HAVE A MONTHLY MAINTENANCE FEE, UM, THAT WE'RE PAYING, BUT WE DON'T, THERE THERE'S JUST PROBLEMS WITH, UH, EQUITY AND FAR AS, UM, MAINTENANCE AND, AND, UM, YOU JUST HAVE NO DECISION MAKING BECAUSE THEY DON'T, WE YOU, THEY DON'T ASK US TO VOTE ON ANYTHING THAT'S REALLY AFFECTING, THAT'S SIGNIFICANT, UM, AS FAR AS DECISIONS THAT THEY'RE MAKING.
SO, UM, ONE, SO ONE SPECIFIC QUESTION THAT I HAVE, BECAUSE I THINK A LOT OF THIS IS GONNA HAVE TO BE DONE, JUST ALL THE PROBLEMS THAT, THAT I WE'RE HAVING, I THINK WILL HAVE TO BE DONE WITHIN, UH, THE COMMUNITY, THE PROPERTY COMMUNITY AS FAR AS PEOPLE SHOWING UP AND HAVING A QUORUM TO CHANGE THINGS.
BUT I WANTED TO ASK YOU ABOUT, UM, IS THERE, IS THERE A REQUIREMENT BY LAW, UH, FOR PROPERTIES SUCH AS TOWN HOME COMMUNITIES, CONDO COMMUNITIES, TO HAVE A BLANKET PO INSURANCE POLICY? IS IT A REQUIREMENT BY LAW? NO, IT'S NOT A REQUIREMENT BY LAW, BUT IT WILL BE BY YOUR RESTRICTIONS.
USUALLY IF YOU'RE A CONDOMINIUM OR TOWN HOME COMMUNITY, THERE WILL BE SUCH, THERE'LL BE A SECTION IN THERE ABOUT INSURANCE.
THAT'S WHAT YOU NEED TO LOOK AT TO TELL YOU WHAT KIND OF INSURANCE THE HOA IS SUPPOSED TO HAVE ON THE BUILDINGS AND THE STRUCTURES VERSUS WHAT THE HOMEOWNERS ARE SUPPOSED TO HAVE.
IF Y'ALL ARE DISENCHANTED WITH YOUR BOARD, THERE IS A WAY TO ADDRESS THAT.
AND YOUR RESTRICT, USUALLY YOUR BYLAWS WILL COVER THAT YOU HAVE THE RIGHT TO THE HOMEOWNERS, IF IT'S USUALLY ABOUT 10% OF THE HOMEOWNERS CAN CALL A SPECIAL MEETING AND Y'ALL CAN BASICALLY REMOVE BOARD MEMBERS.
THERE'S WAYS TO DO THIS, WAYS TO ADDRESS IT.
IT'S GONNA TAKE A GRASSROOTS EFFORT, IT'S GONNA TAKE BEATING ON THE DOORS, TALKING TO OTHER HOMEOWNERS, BUT THERE'S A WAY TO GET CONTROL OF YOUR COMMUNITY.
I HAVE OTHERS THAT I'M WORKING WITH.
I'M WORKING WITH SOME RIGHT NOW WHERE WE'VE GOT, THEY SIGN THE PETITION, THE NUMBER OF INDIVIDUALS WE NEEDED, SIGN THE PETITION, THEY'RE GONNA HAVE A SPECIAL MEETING AND THAT'S TO REMOVE TWO BOARD MEMBERS THAT ARE NOT DOING WHAT THEY SHOULD BE DOING.
SO THERE'S A WAY TO GET YOUR COMMUNITY BACK AND GET IT ON TRACK
[01:30:01]
TO MAKE SURE EVERYTHING IS BEING DONE RIGHT, TO BE TRANSPARENT, TO KNOW WHERE YOUR MONEY'S GOING.IT'LL JUST TAKE SOME GRASSROOTS EFFORT.
IF YOU AND SOME OTHER INDIVIDUALS ARE INTERESTED, CONTACT OUR OFFICE AND WE'LL TELL YOU WHAT YOU NEED TO DO.
I'LL LOOK AT YOUR DOCUMENTS, YOU CAN EMAIL 'EM TO ME AND I'LL LOOK AT 'EM AND TELL YOU, HERE'S WHAT YOU NEED TO DO TO GET CONTROL OF YOUR BOARD.
UH, JUST ONE MORE, ONE MORE QUESTION ABOUT, UH, PROPERTIES.
WHAT, WHAT IF THERE'S, FOR EXAMPLE, RIGHT DOWN THE STREET, A PROPERTY THAT, UH, IS OWNED BY THE HOUSING AUTHORITY AND, AND ALSO THEN A NEIGHBORING PROPERTY.
I DON'T BELIEVE THEY HAVE, UH, HOMEOWNERS ASSOCIATION OR DI DON'T KNOW.
THEY PROBABLY HAVE DEED RESTRICTIONS.
I KNOW NOW THAT THAT WOULD BE SOMETHING I WOULD HAVE TO RESEARCH AND SEE.
ARE THEY IN YOUR NEIGHBORHOOD? YEAH.
AND THEY'RE NOT COMPLYING WELL, THERE'S JUST A, UH, IF YOU DON'T HAVE RESTRICTIONS, IT'S OBVIOUS BECAUSE YOU HAVE PILES OF, OF STUFF ON THE CURVE ALL THE TIME.
YOU HAVE PROPERTY THAT LOOKS LIKE IT'S BEEN ABANDONED AND WE, AND STUFF GROWING UP, THE HOUSING, WHO IS RESPONSIBLE FOR, FOR ENFORCEMENT OF, UH, ANYTHING HAVING TO DO WITH, UH, THE HOUSING AUTHORITY, THE HOUSING AUTHORITY, WHO YOU'RE GONNA, IT'S GONNA BE HARD TO FIND SOMEBODY WHO'S GONNA ADMIT THAT THEY COULD EVEN MAKE A DECISION.
BUT I WOULD START CONTACTING THEM AND TRY TO FIND OUT THERE'S GOTTA BE SOMEBODY IN THE HOUSING AUTHORITY BECAUSE THEY'RE SUBJECT TO WHAT YOU MAY WANNA POINT OUT WITH THEM.
AND THIS IS WHAT WE'VE DONE WITH MORTGAGE COMPANIES IN THE PAST WHEN, YOU KNOW, YEARS AGO AND WHEN WE, WHEN WE WENT THROUGH PERIODS WHERE THERE WAS A LOT OF FORECLOSURE AND MORTGAGE COMPANIES WOULD FORECLOSE AND THEN DO NOTHING AND KIDS WOULD GO BUST OUT THE WINDOWS AND, AND THEN THEY STARTED HANGING OUT THERE.
SO WE WROTE LETTERS TO THE MORTGAGE COMPANY AND SAID, HEY, HERE'S A PICTURE OF YOUR HOME.
JUST WANNA LET YOU KNOW KIDS ARE HANGING OUT THERE.
SO IF ANYBODY GETS HURT IN THERE, ANY CHILDREN DO GUESS WHO'S GONNA BE RESPONSIBLE? WELL, THEY CLEANED IT UP REAL QUICK.
THAT'S HOW I WOULD ADDRESS THE HOUSING AUTHORITY.
THANK, AND, UH, OTHER FOLKS, IF YOU'D LIKE TO ASK A QUESTION, COME ON UP.
HELLO? I YES, PLEASE STATE YOUR NAME.
I'VE BEEN HERE SEVERAL TIMES ABOUT ST AND, UM, A COUPLE OTHER THINGS.
BUT MY QUESTION IS QUICK AND I'VE SENT THIS INFORMATION TO SEVERAL COUNCIL MEMBERS VIA EMAIL OVER THE PAST YEAR.
SO MY QUESTION IS THIS REGARDING THE, UM, TEXAS PROPERTY CODE AND, UH, CHAPTER 92 ABOUT RESIDENTIAL TENDENCIES WHERE THE RULE IS THREE ADULTS PER BEDROOM, THAT'S THE MAXIMUM NUMBER OF ADULTS YOU COULD HAVE PER BEDROOM.
HAVE YOU EVER HAD TO ENFORCE THAT OR BE INVOLVED IN A CASE LIKE THAT OR HAVEN'T EVER, HAVEN'T EVER HAD THAT BROUGHT UP IN A CASE BECAUSE USUALLY WE ADDRESS THEM IN OTHER MANNERS AND GET RID OF THEM A LOT QUICKER.
THAN USING THAT PARTICULAR STATUTE.
I KNOW WHAT STATUTE YOU'RE TALKING ABOUT.
IT'S, IT'S, IT'S ON THE REAL ESTATE TEST IF ANYBODY'S A REALTOR TOO
BUT I ONLY BRING THAT UP BECAUSE EVEN THOUGH I DON'T, THIS ISN'T ALL ABOUT SHORT TERM RENTALS.
UM, AND I WANT TO, I'LL SAVE MY COMMENTS FOR LATER, BUT THERE'S OTHER, I KNOW OF OTHER DEED RESTRICTIONS THAT EVEN HAVE A MORE RESTRICTIVE, UH, KIND OF SLIDING SCALE HOW MANY ADULTS ARE ALLOWED PER BEDROOM.
AND WE KNOW THAT, UH, THESE PROPERTIES ARE HOSTING SHORT-TERM RENTALS AND THEY'RE STUFFING IN A LOT MORE ADULTS THAN WHAT'S ALLOWED BY THE DEED RESTRICTIONS OR THE TEXAS PROPERTY CODE.
AND I KNOW AUSTIN, THE CITY OF AUSTIN HAS RECENT, UH, I GUESS IT'S ABOUT A YEAR, YEAR AND A HALF AGO, SO IT'S PRETTY RECENT.
THEY ACTUALLY PASSED A STATUTE TO WHERE THEY'RE GETTING CONTROL OF THAT.
AND A LOT OF THE OWNERS THERE WERE UPSET BECAUSE IT'S A COL BIG COLLEGE TOWN.
AND SO THEY LIKED RENTING OUT INDIVIDUAL ROOMS, BUT THE CITY ACTUALLY PUT A HALT TO THAT.
THERE ARE A LOT OF RESTRICTIONS THAT DON'T ALLOW THAT.
INCLUDING THAT'S A TEXAS, THAT'S A STATEWIDE PROPERTY CODE THAT, UM, I HAVEN'T HEARD ANYBODY TALKING ABOUT LIMITING THE NUMBER OF WARM BODIES ACTUALLY ALLOWED IN A RENTAL PROPERTY, WHETHER IT'S FOR A DAY OR SIX MONTHS OR A YEAR.
AND THAT'S JUST, UH, SOMETHING I WANTED TO KNOW IF YOU'D EVER BEEN INVOLVED WITH ENFORCING THAT PARTICULAR CODE.
WE HAVEN'T HAD TO ADDRESS THAT ONE.
ANYONE ELSE WHO WOULD LIKE TO ASK
[01:35:01]
A QUESTION OF, UH, ATTORNEY RICE? ALRIGHT.HOW ARE YOU? I'M BLESSED AND STIFF.
COULD YOU STATE YOUR NAME AND THEN YOUR QUESTION PLEASE? SANDRA MASSEY HINES.
I HATE TO BE REDUNDANT, BUT I'M KIND OF PIGGYBACKING OFF OF HER.
AND MY CONCERN IS THAT, UH, YOU HAVE IN DEED RESTRICTED AREAS AND NON DEED RESTRICTED AREAS.
THOSE, UH, PERSONS WHO PURCHASED THE UM, TWO STORY COMPLEX AND WHATEVER.
UH, I JUST REALLY WANNA KNOW LIKE HER, HOW MANY PEOPLE ARE ALLOWED TO LIVE IN THOSE FACILITIES.
THERE ARE SOME WITH FIVE AND UP BEDS AND THE THING ABOUT IT IS THEY'RE CHARGING $800 PER BED.
AND I THINK THE REASON, UH, I'VE COME HERE SEVERAL TIMES ABOUT THE HOMELESS VETERANS ASKING ME TO COME AND SPEAK ON THEIR BEHALF.
AND THAT IS ONE OF THE REASONS WHY THEY DO NOT WANT THE LITTLE QUICK, UM, THE GOVERNMENT TO PUT THEM IN THE QUICK FACILITIES BECAUSE THEY'RE IN THERE WITH ALL THESE OTHER PEOPLE AND ALL THEY'RE DOING IS BUYING A BED FOR $800.
AND THE ROOMS, LIKE I SAY, A 5, 10, 12, YOU KNOW, I THINK THAT SHOULD BE LOOKED INTO MORE.
AND I JUST WANTED TO SEE IF THERE'S A LIMIT.
BUT I DO KNOW ON THE ORDINARY HOUSE, THAT WAS A ORDINANCE THAT SAID YOU CAN HAVE NO MORE THAN FIVE ADULTS IN ONE HOUSE OR THREE KIDS, TWO ADULTS, SOMETHING LIKE THAT.
BUT NOW IN THE NEIGHBORHOODS ALL OVER, I'M IN SUNNYSIDE.
IS THAT RES, IS THAT AREA RESTRICTED ALSO? SOME PARTS ARE, SOME AREN'T.
WELL, I MEAN, UNFORTUNATELY TO ENFORCE ANY TYPE OF STATUTE, IT'S GONNA TAKE MONEY.
AND I MEAN THOSE CAN, YOU CAN ENFORCE THOSE, BUT IT'S GONNA TAKE MONEY TO PAY AN ATTORNEY TO ENFORCE 'EM.
AND I HEARD THAT'S, THAT'S WHERE YOU RUN INTO PROBLEMS. I HEARD YOU SAY TO IF YOU SEE AN ISSUE WITH THEM WITH PERSONS THERE AND SOME MAY BE MENTALLY CHALLENGED OR WHATEVER, THAT THEY SHOULD BE MONITORING THEM, BUT THEY DON'T.
IF THEY'RE TRYING TO RUN BASICALLY LIKE A HOME THAT SHOULD BE LICENSED, THE STATE OF TEXAS WILL HAVE REQUIREMENTS ON WHAT, IF YOU'RE GONNA RUN A HOME FOR THE MENTALLY HANDICAPPED OR PHYSICALLY HANDICAPPED, THERE ARE REQUIREMENTS THAT YOU HAVE TO MEET.
AND SO IF THEY ARE RECEIVING ANY TYPE OF AID FROM THE STATE OF TEXAS BECAUSE THEY SAY THAT THEY'RE RUNNING THIS HOME OR THEY'RE GETTING PAID BY PRIVATE INDIVIDUALS FOR, AND THEY'RE REPRESENTING TO THEM, WE'RE RUNNING A HOME AND WE WE'RE TAKING CARE OF YOUR FAMILY MEMBER, THOSE PEOPLE NEED TO BE REPORTED TO THE STATE OF TEXAS.
THEY NEED TO BE REPORTED TO THE FIRE MARSHAL.
AND THAT'S WHAT YOU MAY WANNA DO WITH SOMEBODY, LIKE YOU WERE TALKING ABOUT THEIR RENTING OUT BEDS FOR $800.
I'D CONTACT EXACTLY THE FIRE DEPARTMENT OUT, CONTACT THEIR FIRE MARSHAL AND SEE IF THEY CAN HELP YOU IN THAT AREA.
CONTACT THE STATE OF TEXAS, THE HEALTH DEPARTMENT, SEE WHAT THEY CAN DO FOR YOU BECAUSE THEY MAY BE REPRESENTING THEMSELVES TO PRIVATE FAMILIES GETTING PAID AND THEY SHOULD BE LICENSED BY THE STATE OF TEXAS AND FOLLOWING THOSE REQUIREMENTS.
AND I HAVE ONE MORE QUESTION ON THAT.
I HAVE A WHOLE LOT OF QUESTIONS, BUT I'M JUST, I'M NOT GONNA TIE YOU UP, BUT, UH, INSURANCE, ARE THEY REQUIRED TO HAVE INSURANCE ON, ON THE, ON THE FACILITY AND WHAT THEY'RE DOING? THAT'S A LOT OF PEOPLE IN THOSE FACILITIES, RIGHT? IF THEY'RE PROPERLY LICENSED, YES MA'AM.
THEY SHOULD, THE, THE STATE OF TEXAS WOULD MAKE THEM HAVE INSURANCE AND I MEAN THEY SHOULD HAVE SMOKE ALARMS. I MEAN THEY'RE GONNA HAVE TO BE COMPLYING WITH A LOT OF THINGS THAT THEY PROBABLY AREN'T.
I MEAN EVEN THE CITY, THEY'RE WITHIN THE CITY, THE FIRE DEPARTMENT, THERE'S CODES THAT THEY GOTTA COMPLY WITH.
IF YOU ARE DOING THAT TYPE OF SERVICE FOR PEOPLE, JUST LIKE RESTAURANTS HAVE CODES, THEY HAVE CODES FOR THAT TOO.
I HAVE SOME CONCERNS ABOUT SOME OF THEM TOO.
ALRIGHT, ANYONE ELSE IN THE AUDIENCE WHO'D LIKE TO ASK UH, ATTORNEY RICE A QUESTION? ALRIGHT,
[01:40:01]
IF YOU COULD STATE YOUR NAME AND THEN ASK YOUR QUESTION.MY NAME IS LYNETTE MASK AND MY QUESTION IS, WE HAVE A NEIGHBORHOOD THAT'S ON THE MAJOR THOROUGH FAIR THAT WAS ONCE OF HOMEOWNERS ASSOCIATION.
THEY DISSOLVED IT DISMOUNTED AND NOW, UM, THEIR COMMON ERROR DETENTION AREA.
I KNOW, UM, EVERY YEAR YOU'RE SUPPOSED TO HAVE AN, UH, LICENSE ENGINEER COME AND INSPECT YOUR DETENTION ERROR, UM, AND PULL A PERMIT WITH STORM WATER.
THAT HASN'T HAPPENED IN ABOUT 10 YEARS.
I WANNA KNOW IF THERE'S ANYTHING THAT WE CAN DO BECAUSE IT CAUSED FLOODING MOSQUITOES AND WITHOUT THEM HAVING A HOMEOWNERS ASSOCIATIONS AND IT BEING THE FIRST THING THAT YOU SEE WHEN YOU ENTER OUR COMMUNITY, UM, THERE'S NO DE RESTRICTION ENFORCEMENT.
IS THERE ANYTHING WE CAN DO IT.
LET ME ASK YOU MA'AM, UM, IN YOUR RESTRICTIONS, DID Y'ALL HAVE MANDATORY ASSESSMENTS? DID Y'ALL HAVE TO PAY ASSESSMENTS? THEY DID.
DO YOU KNOW IF THE INDIVIDUALS WHO LIVE IN THE NEIGHBORHOOD, WOULD THEY BE IN INTERESTED IN RESURRECTING IT THE HOA SO THAT YOU CAN GET THE ASSESSMENTS IN ORDER TO CLEAN UP THAT RETENTION POND AND KEEP IT UP SO YOU DON'T HAVE POTENTIAL FLOODING AND MOSQUITOES AND EVERYTHING? I DO NOT.
I MEAN, YOU MAY WANNA CALL THE CITY, THE CITY HEALTH DEPARTMENT.
I MEAN, THEY'D BE CONCERNED ABOUT THE MOSQUITO PROBLEM AND THEY MAY TRY TO DO SOMETHING.
THEY CAN'T REALLY MAKE THE PEOPLE RESURRECT THE HOMEOWNER ASSOCIATION.
BUT IF YOU KNOW PEOPLE THAT LIVE THERE ASK 'EM WOULD THEY BE INTERESTED? 'CAUSE THERE'S A WAY TO RESURRECT IT AND START ENFORCING THE RESTRICTIONS AND START COLLECTING ASSESSMENTS IF FOR NOTHING ELSE, JUST TO KEEP THAT CLEANED OUT.
BUT IF THEY DISSOLVE THEIR HOMEOWNER'S ASSOCIATION THERE WITHIN THEIR RIGHTS, WELL THE RESTRICTIONS ARE STILL PROBABLY ON THE PROPERTY.
I I THAT WHAT THEY WOULD HAVE TO DO IS, IS JUST BECAUSE YOU DISSOLVE A COURT AND THEY MAY MAY NOT HAVE EVEN DISSOLVED THE CORPORATION.
IT MAY HAVE BEEN, IT MAY HAVE JUST BEEN FORFEITED FOR THEM NOT PAYING SOME TIME, YOU KNOW, CON FILLING OUT THE DOCUMENTATION FOR THE TEXAS COMPTROLLER.
BUT THERE ARE WAYS TO RESURRECT A NONPROFIT CORPORATION IN THE STATE OF TEXAS.
THEY MAY STILL HAVE THEIR RESTRICTIONS BECAUSE YOU HAVE TO DO AN EXTRA STEP TO GET RID OF RESTRICTIONS.
YOU WOULD BASICALLY HAVE TO PASS AROUND AN AMENDMENT AND GET, AND USUALLY IT'LL STATE IN THE RESTRICTIONS IF YOU WANNA DISSOLVE THEM, THIS IS THE PERCENTAGE YOU NEED TO DISSOLVE THEM.
THEY WOULD'VE HAD TO HAVE PASSED THAT AROUND, GET THE PEOPLE TO AGREE TO DISSOLVE IT AND THEN FILE THOSE AND THEN THEY WOULDN'T BE RESTRICTED.
THEY'RE PROBABLY STILL RESTRICTED.
'CAUSE MOST PEOPLE DO NOT DO THAT.
ANYONE ELSE IN THE AUDIENCE WHO'D LIKE TO ASK A QUESTION YOU WANNA ASK? GOOD AFTERNOON.
IF YOU COULD STATE, TELL US YOUR NAME AND ASK YOUR QUESTION.
I HAVE A, A FEW I GUESS HELPFUL TIPS AND THEN A QUESTION FOR YOU.
SO WE HAVE NO HOA OUR DEED IS SILENT.
IT'S FOR SINGLE FAMILY HOMES ON A LOT WITH A SHARED DRIVEWAY.
SO TO MY UNDERSTANDING, IF YOU BUY A HOME AS AN INVESTMENT, YOU'RE MORE OR LESS GONNA HAVE IT APPRECIATE IN VALUE.
BUT IF IT'S A BUSINESS, THEN YOU BUY IT AND IMMEDIATELY TURN IT INTO, SAY, AN AIRBNB OR SHORT TERM RENTAL.
COULD A SHORT TERM RENTAL BE CONSIDERED A COMMERCIAL PROPERTY IF IT WAS IMMEDIATELY BOUGHT AND TURNED INTO THAT WITHOUT EVER LIVING IN IT OR ANYTHING? WHEN, WHEN YOU PURCHASED THE PROPERTY, WAS IT RESIDENTIAL AND THEN YOU TURNED IT INTO A BUSINESS? OR WAS IT A BUSINESS? THE
[01:45:01]
NEIGHBOR BOUGHT IT AND IT WAS A RESIDENTIAL.AND SO YOU, YOU SAID THERE WERE FOUR HOMES YES, MA'AM.
Y'ALL SHARE A DRIVEWAY AND YOU WANT, DO YOU WANNA KEEP IT RESIDENTIAL OR DO YOU, OH, AND SOMEBODY ELSE IS TRYING TO USE ONE FOR BUSINESS AS A SHORT TERM RENTAL.
AND, AND IT'S RESTRICTED, ARE THOSE FOUR HOMES RESTRICTED JUST AMONGST THEMSELVES OR IS THERE OTHER PARTS OF THE NEIGHBORHOOD? THAT'S ACTUALLY WHAT I'M TRYING TO FIGURE OUT MYSELF.
SO YOU'RE TRYING TO FIGURE OUT IF YOU HAVE RESTRICTIONS ON YOUR PROPERTY, IF YOU HAVE ANY GUIDANCE TO GET RESTRICTIONS IF IT'S SILENT, ARE YOU IN HARRIS COUNTY? YES, MA'AM.
UM, LIKE DAMON POINTED OUT, YOU CAN CONTACT THE HARRIS COUNTY CLERK'S OFFICE.
YOU COULD, YOU CAN EITHER GO ON THERE ONLINE, IF IT'S TOO CONFUSING, YOU CAN CONTACT THEM, GIVE THEM YOUR ADDRESS AND THEY'LL HELP YOU PULL UP THAT INFORMATION IF YOUR PROPERTY IS RESTRICTED.
FIND OUT IF IT'S RESTRICTED AND ONCE YOU FIND THAT OUT AND IF THEY'RE RESTRICTED, CALL ME AND I CAN TELL YOU WHAT YOU CAN DO THEN, BECAUSE MOST LIKELY IF IT'S RESTRICTED, IT PROBABLY DOESN'T MENTION STR SHORT TERM RENTALS.
SO, AND IF IT'S JUST FOUR OF YOU, THEN WE WOULD NEED TO SEE HOW MANY WE NEED TO AMEND THE RESTRICTIONS.
AND LET'S SAY YOU JUST HAVE ONE PERSON WITH A BUSINESS AND THREE OTHERS.
THE OTHER THREE, LIKE YOU ARE VERY CONCERNED ABOUT STR WE COULD PROBABLY GET AN AMENDMENT PASSED TO SHUT THAT ONE DOWN.
IF YOU HAVE RESTRICTIONS, THEN YOU CONTACT ME.
ONE QUESTION FROM, UH, MAYOR'S STAFF, SUSIE, WHO IS RESPONSIBLE FOR PROVIDING A COPY OF THE CURRENT DEED RESTRICTIONS TO A NEW HOMEOWNER IN AN EXISTING OR ESTABLISHED SUBDIVISION.
IS IT THE REALTOR TITLE COMPANY, FORMER HOMEOWNER OR SOMEONE ELSE? I CAN ANSWER? THAT'S THE TITLE.
COMPANY TITLE COMPANY'S RESPONSIBILITY.
AND I TELL YOU WHAT, AND AND THEY WILL HAVE PEOPLE SIGN, IT'LL BE A LITTLE BITTY PARAGRAPH.
I RECEIVED A COPY OF THE DEED RESTRICTIONS AT MY CLOSING WHO THAT'LL BE SIGNED AND THAT'LL BE IN THAT FILE.
UM, SO IT, IT, THEY, THEY'VE BEEN PROVIDED COPIES.
'CAUSE YOU'RE, YOU KNOW, YOU'VE GOT A STACK THAT'S TWO INCHES TALL.
SO, UM, BUT THEY, THEY HAVE BY LAW, THEY HAVE TO.
IS ANYONE ELSE IN THE AUDIENCE WHO WOULD LIKE TO ASK A QUESTION OF ATTORNEY RICE? OKAY.
UH, THANK YOU SUSIE AND GARRETT FOR BEING HERE.
I APPRECIATE Y'ALL HAVING US HERE.
SO Y'ALL ARE WELCOME TO SIT IN THE AUDIENCE OR LEAVE OR WHATEVER YOU'D LIKE TO DO OR STAY.
SO WE'LL NOW MOVE TO THE, UH, PUBLIC COMMENT PORTION OF THE MEETING, THE LAST PORTION OF THE MEETING.
AND SO A NUMBER HAVE SIGNED UP.
SO WE'LL GO THROUGH THAT LIST.
UH, IF YOU ARE WATCHING ONLINE, AND BY THE WAY, I UNDERSTAND THERE ARE A NUMBER OF PEOPLE WATCHING ONLINE.
UH, UM, YOU, YOU'RE ALWAYS WELCOME TO SEND US COMMENTS AT, AT LARGE, THE NUMBER1@HOUSTONTX.GOV.
SO ON THE PUBLIC COMMENT LIST WE HAVE LAURA GALLIER.
IS LAURA GALLAGHER HERE? PHILLIP COMB.
UH, I LIVE OVER HERE IN MONTROSE.
I'VE BEEN LIVING THERE FOR ABOUT 20 YEARS.
AND WITH REGARD TO THE SHORT TERM RENTALS, WE HAVE SOME IN, SOME, UH, TOWN, SMALL TOWN HOMES THERE ALONG THE STREET THAT I LIVE ON.
AND THE, UH, THE PERSON THAT IS, UH, SORT OF IN, IN CHARGE OF THOSE, UM, THEY, THEY, THEY HAVE SOME BAD PRACTICES, YOU KNOW, AS FAR AS BEING, BEING NEIGHBORLY SUCH, SUCH AS THE, THE PEOPLE THAT RAN IT WILL PULL UP IN THE DRIVEWAY AND, AND PARK ACROSS THE SIDEWALK, WHICH IS ONE OF MY PET PEEVES BECAUSE A LOT OF PEOPLE USE THESE SIDEWALKS FOR WALKING AROUND.
AND I BELIEVE IT'S AGAINST THE LAW TO BLOCK A SIDEWALK.
SO IF YOU CAN IMAGINE A TOWN HOME, IT'S GOT A GARAGE DOOR RIGHT NEXT TO THE SIDEWALK.
PEOPLE JUST PULL UP TO THE GARAGE DOOR AND PARK THERE OVERNIGHT.
[01:50:01]
WALK ON THE, UH, WALK ON THE SIDEWALK.UM, THE OTHER THING THAT THIS PARTICULAR UNIT DOES IS THEY DON'T TAKE THEIR TRASH CANS IN AFTER THE TRASH GETS PICKED UP.
SO IT'LL SIT THERE OUT, OUT THERE ALL WEEK, OR THEY'LL FILL IT UP, YOU KNOW, AND OVERFLOWING.
AND WE TRY TO KEEP OUR STREET LOOKING NICE.
AND I THINK IF, IF WE COULD GET MORE, UH, ATTENTION FROM, UH, THE, UH, AUTHORITIES IN OUR CITY, THE POLICE, ET CETERA, I KNOW THEY'RE VERY BUSY.
IT'S, IT'S, IT'S HARD TO GET THEM WHEN YOU, WHEN YOU, WHEN, WHEN YOU HAVE AN EMERGENCY.
SO THESE KIND OF THINGS ARE DOWN ON THE LIST.
BUT IF THERE'S A WAY TO GET THE, THE, YOU KNOW, OUR, OUR CITY, UH, MORE, UH, INCENTIVIZED TO, TO FOLLOW UP ON THESE SMALL, THEY'RE, THEY MAY BE CONSIDERED SMALL THINGS, BUT IN TIME IT TAKES AN IMPACT ON THE NEIGHBORHOOD IF YOU, IF YOU NEGLECT IT.
AND MYSELF, I I CALL 3 1 1 ONCE IN A WHILE AND, UH, IT'S, IT'S NOT THE, THE RENTERS THAT ARE REALLY AT FAULT BECAUSE THEY'RE NOT BEING TOLD, HEY, DO NOT PARK ACROSS THE SIDEWALK.
AND, UH, SO IF, IF WE COULD GET MORE ACTIVE LEASING OF THESE, THESE SMALL REGULATIONS THAT, THAT THE SHORT TERM RENTALS HAVE TO OPERATE UNDER, UM, THAT I THINK THAT WOULD BE A GOOD STEP.
AND, UH, ONE, AS YOU POINTED OUT, IT WOULD BE A GOOD IDEA TO CALL 3 1 1.
SO THE COMPLAINT IS LOGGED IN.
ADDITIONALLY, WHEN SOMEONE PARKS TO BLOCK THE SIDEWALK, THEN PARKING MANAGEMENT SHOULD COME OUT AND ISSUE A TICKET.
AND SO IF YOU COULD MAKE THAT CALL AS WELL, THAT WOULD PROBABLY BE YOUR BEST AVENUE.
PROPERTY MANAGEMENT, IS THAT WHAT YOU SAID? PARKING? I'M SORRY.
UM, WE HAVE ON THE LIST, UH, DEBORAH ERO, IF YOU WOULD LIKE TO OFFER COMMENT, YOU'RE WELCOME TO COME FORWARD.
I JUST WANNA THANK Y'ALL FOR LETTING ME SPEAK AGAIN.
UM, I KNOW JORDAN KNOWS ME WHEN SALLY ALCORN WAS COLLECTING THE INFORMATION LAST YEAR FOR THE NEIGHBORHOOD ASSOCIATION, UH, FOR THE, UH, FOR THE ST FOR, AGAIN, IT'S, UM, PEOPLE HEAR ABOUT HOUSTON, OH, THERE'S NO ZONING.
THEY THINK IT'S THE WILD, WILD WEST.
I REMIND PEOPLE, EVEN THOUGH WE DON'T HAVE ZONING, WE HAVE ORDINANCES AND WE STILL HAVE LAWS, WE HAVE PARKING LAWS, WE HAVE, I HAVE SENT TO SHORT-TERM RENTAL OWNERS THAT LITTLE PDF SEVERAL TIMES HOW TO PUT OUT YOUR GARBAGE BIN WHEN YOU'RE SUPPOSED TO BRING IT BACK IN.
UM, AGAIN, I JUST WANNA STRESS, WHEN PEOPLE TALK ABOUT THESE PARTY HOUSES, IT'S BECAUSE THEY'RE LARGE NUMBERS OF PEOPLE THERE.
AND WHAT I'VE BEEN TRYING TO STRESS TODAY IN, TO RELATE THIS TO THE ENFORCEMENT OF, UM, DEED RESTRICTIONS, IS THE NUMBER OF PEOPLE THAT ARE ALLOWED TO STAY IN A PROPERTY.
AND THAT'S WHY I BROUGHT UP THAT, UM, THE TEXAS PROPERTY CODE.
IT COMES UNDER LANDLORD TENANT RIGHTS IN OUR NEIGHBORHOOD.
UM, IN MONTROSE, THEY RENEWED THAT, THEY DID NEW DEED RESTRICTIONS.
WE HAVE THAT CHECKERBOARD SITUATION WHERE SOME PEOPLE COULD OPT IN, SOME PEOPLE COULD OPT OUT, AND SOME PEOPLE DIDN'T RESPOND AT ALL.
UM, IT'S FUNNY, SOME PEOPLE WHO DIDN'T RESPOND AT ALL OR MAYBE OPTED OUT ARE PROBABLY SOME OF THE BEST NEIGHBORS WITH THE BEST MAINTAINED PROPERTIES.
BUT WE HAVE FOUND SEVERAL PROPERTIES THAT ARE RUNNING SHORT-TERM RENTALS AND PARTY VENUES THAT, UM, ACTUALLY SIGNED IN, SIGNED OFF, AND ACCEPTED THE DEED RESTRICTIONS WHEN THEY BOUGHT THEIR HOUSE.
AND I HAVE GONE TO THE COUNTY WEBSITE AND PULLED UP THEIR SIGNATURE.
SO I, YOU KNOW, I DON'T, I'M NOT A LAWYER, I DON'T KNOW HOW TO ENFORCE THESE THINGS.
AND I KNOW, UM, WE ARE ALL HAMMERING DOWN ON THE HOTEL ORDINANCE CODE THAT LEGAL'S NOT REALLY INTERESTED IN PURSUING.
BUT WE'RE ALSO SAYING, BUT WAIT A MINUTE, WE HAVE THESE DEED RESTRICTIONS.
WE HAVE A, A TEXAS PROPERTY CODE STATEWIDE THAT CAN AT LEAST DRILL DOWN ON THE NUMBER OF PEOPLE ALLOWED TO STAY IN THESE PROPERTIES AND HOPEFULLY MINIMIZE THIS WHOLE PARTY ATMOSPHERE THAT'S GOT EVERYONE UP IN ARMS. THANK YOU.
AND BEFORE YOU LEAVE, WE HAVE COUNCIL MEMBER DAVIS IN THE QUEUE.
MAY I ASK YOU, HOW WOULD YOU, UH, FEEL ABOUT IF ZONING WAS PUT ON THE TABLE IN THE CITY FOR AGAINST? I AM FOR ZONING.
JUST BECAUSE LAWS ARE MEANT TO PROTECT PEOPLE.
AND I FIND THAT WHEN WE DON'T ENFORCE LAWS, PEOPLE AREN'T PROTECTED AND THEY KIND OF, WHEN THEY DON'T GET ENFORCED, IT TILTS THE SCALE IN FAVOR OF BIG BUSINESS.
AND I FEEL LIKE WE'RE TO A POINT NOW WHERE IT'S PROFITS ARE PEOPLE, AND I THINK PEOPLE ARE GETTING REALLY TIRED OF BEING, OF HAVING SEEN THAT
[01:55:01]
PROFITS ARE BEING CHOSEN OVER PEOPLE AND QUALITY OF LIFE.AND THAT'S WHY SO MANY OF US, ESPECIALLY, UH, IN, UH, I THINK THE MONTROSE AREAS, WHO, AS WE ALL KNOW IS ONE OF THE MOST DENSELY POPULATED AREAS OF SHORT-TERM RENTALS IS HERE EVERY TIME THERE'S A MEETING BECAUSE WE WANNA BE HEARD, WE WANT, UM, WE'RE NOT AGAINST BUSINESS.
I'M ALL FOR, UM, UH, BUSINESS, YOU KNOW, PRIVATE BUSINESS OWNERS AND THINGS LIKE THAT.
BUT, UM, I THINK THERE'S GOT TO BE SOME SORT OF CONTROL.
I MEAN, WE HAVE ISSUES WITH PARKING.
I'VE BEEN HERE FOR PARKING VARIANCE, UM, UH, TALKING ABOUT THAT BECAUSE THE, YOU KNOW, BUSINESSES WANNA OPEN UP A NEW BUSINESS AND SAY, OH, IT'S OKAY.
THEY CAN JUST PARK ON THE STREET.
AND WE'RE LIKE, WAIT A MINUTE.
YOU KNOW, IT'S, IT'S VERY, IT'S GETTING VERY DENSE AND SOMETHING HAS GOT TO BE DONE ABOUT THAT.
NEXT ON THE LIST, WE HAVE BERT RUIZ, THEN WE HAVE GWEN RANSOM.
UH, I WANTED JUST A COUPLE OF, WELL, A COUPLE OTHER THINGS.
I'M A LITTLE, THERE'S A LITTLE, A LITTLE BLUR AS FAR AS WHAT THE CITY, UM, ENFORCES.
AND, UH, SO I GUESS I WANTED TO KNOW WHAT WEBSITE THAT WE PUT UP, A WEBSITE WHERE WE COULD GET THAT INFORMATION ON WHAT'S, UH, WHAT OTHER CITY ORDINANCES AS WELL AS FAR AND AS, AND THEN THE THINGS THAT THE, UH, CITY ENFORCE FORCES.
I WAS SURPRISED WHEN HE PUT UP THE SLIDE THAT SAID THAT THEY DON'T ENFORCE TALL GRASS OR, OR TRASH, YOU KNOW, HEAVY TRASH TREES, OVERGROWN TREES AND THINGS LIKE THAT.
AND AS FAR AS THE ZONING, I WOULD BE IN FAVOR OF ZONING AS WELL BECAUSE, UH, YOU KNOW, AND YOU SAID, I WAS SURPRISED WHEN YOU SAID IT'S BEEN UP THREE TIMES AND IT WAS, UH, THE PUBLIC DENIED IT.
I DON'T THINK THE PUBLIC REALLY UNDERSTOOD WHAT THEY WERE VOTING FOR, BECAUSE A LOT OF TIMES WHEN YOU ALL HAVE THINGS ON THE BALLOT AND IT HAS TO DO WITH ZONING OR ALL THESE OTHER LITTLE, UH, THINGS, YOU'RE, UH, ENTITIES THAT ARE TRYING TO PASS SOMETHING, UH, THEY'RE KIND OF COMPLICATED TO READ.
I THINK WE NEED TO SIMPLIFY THE LANGUAGE, UH, ON THE BALLOTS SO THAT PEOPLE CAN READ IT.
I MEAN, I REMEMBER BEING THERE ONE TIME AND JUST READING SOMETHING OVER AND OVER AGAIN, YOU KNOW, TRYING TO FOLLOW WHAT WAS BEING SAID.
SO, UM, I, I HOPE THERE'S A DISCUSSION.
'CAUSE THAT WAS ONE OF THE NOTES THAT I HAD MADE WHEN THE LATEST DISCUSSION ON ZONING.
UH, AND, UH, BECAUSE IT, IT IS EVIDENCE, YOU KNOW, WHEN YOU GO TO DALLAS AND YOU COME INTO HOUSTON, IT IS DEFINITELY EVIDENCE THAT WE DON'T HAVE THE SAME ZONING AS FAR AS COMMERCIAL VEHICLES ON CITY STREETS.
IF THOSE COMMERCIAL VEHICLES ARE, UH, ARE MAKE WHERE THEY PARK ON THE CURVE AND YOU CAN'T SEE AROUND THE CURVE AND ONLY ONE CAR CAN PASS, AND YOU ARE ON A, YOU KNOW, YOU'RE IN A TWO WAY, TWO WAY SITUATION WHERE YOU HAVE CARS COMING IN THE OPPOSITE DIRECTION.
UM, IS THAT ENFORCEABLE, YOU KNOW, BY THE CITY? CAN THAT, THAT'D BE SOMETHING THAT, UH, IS RESTRICTED? UH, BECAUSE IT, UH, AND GOING BACK TO THE, WHAT I ASKED WAS ASKING ABOUT THE, UH, HOUSING AUTHORITY, UM, YOU KNOW, IT'S JUST, UH, WE ARE, IF YOU, YOU'RE SURROUNDED BY, UM, PLACES THAT ARE, THERE'S JUST SEEM NOT TO BE ANY ENFORCEMENT BECAUSE OF HOW THE PROPERTY LOOKS.
IT BRINGS, IT'S, IT AFFECTS YOUR PROPERTY VALUE.
OUR VALUES HAVE BEEN
AND SO EVEN WHEN THERE WAS, UM, A REBOUND IN THE REAL ESTATE MARKET, UH, WE SAW VERY LITTLE INCREASES IN OUR PROPERTY VALUES.
BUT I'M SITTING THERE AND, UH, AGAIN, JUST HAVING JUST THESE OVERWHELMING COSTS.
I MEAN, YOU HAVE, I HAVE A, AS I SAID, TOWN HALL COMMUNITY WHERE I'VE LIVED FOR A NUMBER OF YEARS AND I'VE PAID OFF MY MORTGAGE A LONG TIME AGO.
HOWEVER, I'M LOOKING AT PAYING A MORTGAGE COMP, UH, UH, PAYMENT EVERY MONTH AND YOU JUST FEEL STUCK.
AND I KNOW YOU, YOU MAY NOT BE RESPONS YOU, YOU'RE NOT, DON'T HAVE ANYTHING TO DO WITH THAT.
BUT IN THE ABSENCE OF NOT HAVING ZONING, UH, MAYBE WE COULD HAVE MORE ORDINANCE PAST ORDINANCES PASSED THAT, UH, THEN COVER, UH, RESTRICTIONS THAT ARE NOT COVERED BECAUSE WE DON'T HAVE ZONING.
[02:00:01]
THANK YOU MA'AM.AND, UH, GWEN, WE HAVE YOUR CONTACT INFORMATION.
SO WE, WE WILL REACH OUT TO YOU AND SEE WHAT QUESTIONS, UH, WE CAN GET ANSWERED FOR YOU.
WELL, CLARITY AGAIN ON THE WHAT IS, UH, THINGS THAT ARE COVERED BY THE CITY AND WHAT OTHER CITY, UH, ORDINANCE THAT WE GO TO.
NEXT ON THE LIST IS MAYOR SANDRA MASSEY HINES TO BE FOLLOWED BY LYNETTE MASK.
THANK YOU AGAIN FOR THIS OPPORTUNITY.
YOU KNOW, THE SCRIPTURES SAY SOMETIMES YOU GET DOUBLE FOR YOUR TROUBLE.
UH, I JUST HAVE TWO THINGS TO ASK.
UH, AND I GET CONCERNS FROM ALL OF SUNNYSIDE AND, YOU KNOW, THAT ENTAILS CLO LAND SOUTH, UH, SOUTH PARK, UH, BLUE BONNET EDITION, THE OLD SUNNYSIDE, UH, KENNEDY HEIGHTS AND WHATEVER.
AND THEY'RE MIXED ZONED, AND NONE ZONE, NOT ZONE DEED RESTRICTED AND NONE DEED RESTRICTED.
OKAY? SO THERE HAVE BEEN A NUMBER OF CITIZENS MAKING COMPLAINTS, AND THESE ARE SENIORS AND, YOU KNOW, THEY COMPLAIN, UH, REGARDING COMMERCIAL USE AND, AND COMMERCIAL VEHICLES IN DEED RESTRICTED AREAS.
THE LAST ONE WAS DEED RESTRICTED AND NONE DEED RESTRICTED AREAS.
AND THEY WANT TO REMAIN ANONYMOUS.
HOWEVER, UH, THEIR NAMES ARE SOMETIMES DROPPED TO THE PERSON THEY COMPLAINING ABOUT.
UH, THE LAST ONE, I'LL JUST SHARE THAT WITH YOU, WAS AN 18 WHEELER PULLED UP TO THE DRIVE, THIS DEED RESTRICTED AREA, AN 18 WHEELER PULLED UP TO THE, TO THE GARAGE.
AND ON SIDE OF THE 18 WHEELER, THERE WERE CARS THEY WERE WORKING ON AND ON THE STREET ON BOTH SIDES.
THERE WERE CARS THEY WERE GONNA WORK ON, AND THE CITIZEN REPORTED IT, AND AGAIN, THEIR NAME WAS DROPPED AND SO THEY CANCELED THE COMPLAINT.
YOU KNOW, WHAT, WHAT CAN WE DO ACTUALLY ABOUT THAT? THEN THE SECOND ONE, I JUST WANNA EXPRESS THAT.
WELL, LET'S, LET'S ADDRESS THAT ONE.
UM, I BELIEVE FROM DAMON'S PRESENTATION, THE CITY CAN ENFORCE IF IN FACT THERE'S A DEED RESTRICTION, THE CITY CAN ENFORCE DEED RESTRICTED AREA AGAINST COMMERCIAL USE.
AND SO IF YOU COULD REFER TO THE SLIDE THAT, THAT WAS IN HIS PRESENTATION ABOUT CONTACT INFORMATION, YOU CAN REACH OUT AND SEE IF THEY CAN HELP YOU WITH THAT.
SO THE PRESENTATION, WE CAN GET YOU A COPY IF YOU NEED ONE, BUT IT'S ALSO AVAILABLE ONLINE, ON THE WEBSITE FOR THIS COMMITTEE MEETING.
AND AS I SAID, THE CITIZEN, BECAUSE SHE'S A SENIOR AND A LOAN, SHE WAS WATCHING, YOU KNOW, WHAT THEY WERE DOING, THEY CALLED HER FROM THE, THE PERSON'S HOUSE THAT SHE COMPLAINED ABOUT.
AND THEY SAID THAT THAT PERSON HAS THE RIGHT TO WORK, BUT THIS IS DEED RESTRICTION.
THEY'RE PAYING MONEY, YOU KNOW, FOR THE DEED RESTRICTIONS.
BUT ANYWAY, SHE DOESN'T WANNA DO IT.
THE NEXT ONE IS, UH, I, I JUST WANNA EXPRESS THAT THE DEVELOPERS IN THE COMMUNITY ARE JUST REALLY DOING TOO MUCH, UH, BOTH IN DEED RESTRICTED, IN NON DEED RESTRICTED AREAS.
THEY'RE PLACING CEMENT, THEY'RE PLACING FURNITURE, THEY'RE PLACING TRASH AND CONSTRUCTION MATERIALS ON INDIVIDUAL'S PROPERTIES THAT HAVE NOTHING TO DO WITH THEM TRANSFORMING LAND.
THE PROBLEM IS WHEN THEY DO THAT, THE HOMEOWNER, THE CHURCH, THE SENIOR IS THE ONE BEING TICKETED.
AND, UH, SO FAR WE HAVEN'T BEEN ABLE TO CHANGE ANYTHING FOR THOSE INDIVIDUALS.
THE TICKET STAND THAT THE PERSON WHO RECEIVED THE DUMPED ITEMS THEY HAVE TO PAY, AND THOSE ARE LARGE AMOUNTS BECAUSE OF THE CEMENT MATS AND, AND, AND, UH, FURNITURE AND HUGE TREES.
UM, THOSE PERSONS ARE TAKEN TO COURT.
SOME ARE SENIORS AGAIN, SOME ARE CHURCHES.
THEY'RE TAKEN TO COURT AND WHEN THEY DON'T PAY, THEY FACE FORECLOSURE.
UM, UM, SANDRA, IN, IN THOSE INSTANCES, MAYBE YOU COULD REFER THEM EITHER TO OUR
[02:05:01]
OFFICE OR TO THE OFFICE OF, UH, COUNCIL MEMBER EVAN SHABAZZ.AND WE WILL TAKE A LOOK AT THAT.
'CAUSE I REALLY WANT SOMETHING DONE ABOUT IT.
THE, THE SENIORS ARE NOT ABLE TO PAY THOSE TICKETS.
SOME OF THEM NOT EVEN ABLE TO GO DOWN AND GO TO THE COURT TO DEFEND THEY SELVES.
AND THESE CONTRACTORS, I KNOW THE, UH, FORMER MAYOR WHEN, WHEN, AFTER THOSE PERSONS, BUT NOTHING WAS DONE TO WHERE, YOU KNOW, IT WAS ENFORCED THAT, YOU KNOW, THEY SHOULD NOT BE DOING THAT.
I WANTED THAT, THAT MENTIONED HERE TODAY.
OH, I'M SORRY IF YOU HOLD ON A SECOND, UH, COUNCIL MEMBER DAVIS IS IN THE QUEUE.
UH, AND THE WORK YOU DO IN THE COMMUNITY.
AND I LIKE TO JUST ADD TO WHAT, UH, COUNCIL MEMBER CHAIRMAN RAMIREZ STATED, AND, AND I JUST WANTED TO ADD TO THAT IS ACTUALLY, OF COURSE YOU HAVE SIX REPRESENTATIVES.
I THINK THAT'S THE MINDSET THAT WE NEED TO INCLUDE.
NOT ONLY DO YOU HAVE A DISTRICT COUNCIL MEMBER, BUT THERE, THERE ARE FIVE AT LARGE PEOPLE MM-HMM
AND I KNOW WE GENERALLY TEND TO FOCUS ON ONE.
WE, AND, AND I'VE ALWAYS MADE IT CLEAR THAT IN MY PERSONAL OPINION ABOUT THE CITY, AND I'VE BEEN IN THIS CITY ALL MY LIFE, AND THE, THE, THE MAIN THING IS WE JUST CAN'T WORK IN SILOS.
I THINK THE MORE PEOPLE YOU HAVE THAT JOIN TOGETHER, THE MORE THE POWER OF GETTING STUFF DONE HAPPENS.
'CAUSE IF WE KEEP WORKING IN SILOS, WE TEND TO NEVER GET MUCH DONE.
IT'S NOT A THING ABOUT WHO GETS THE CREDIT OR WHATEVER.
IT'S WHO CAN GET THE SOLUTION.
AND THAT'S THE MAIN OBJECTIVE.
SO I JUST WANNA LET YOU KNOW, WE ALL HERE TO, UM, EVEN WITH SOME OF THE OTHER DISTRICT COUNCIL PEOPLE WILL LEND THEIR VOICES TO THESE ISSUES.
'CAUSE THAT'S WHAT IT'S GOING TO TAKE.
BUT THOSE ARE SOME VERY IMPORTANT ISSUES THAT WE ALL NEED TO GET BEHIND YOU ON.
AND YOU KNOW THAT I'M NOT SILENT AND, BUT I WOULD LIKE TO VOICE AS BEING ECHOED FROM THIS BODY OF GOVERNMENT YEAH.
I'M NOT GONNA STOP FIGHTING FOR THE PEOPLE.
AND RIGHT NOW PEOPLE ARE GETTING FRUSTRATED BECAUSE THEY'RE NOT RECEIVING THE HELP.
AND I'VE HAD THE CHURCH THAT THIS WAS DONE TO, THE GUY WAS VERY UPSET.
UH, THE CONTRACTOR DROPPED ALL AT CEMENT IN HIS DITCH.
AND THEY'RE MAKING HIM PAY AND THEY SAID THEY'RE NOT GONNA GO AFTER ANYBODY ELSE 'CAUSE IT'S IN ON HIS PROPERTY.
AND SO I JUST THINK THAT NEED TO BE FOCUSED ON.
BUT I APPRECIATE YOU ALL SO MUCH FOR HEARING ME ON TODAY.
NEXT ON THE LIST IS LYNETTE MASK TO BE FOLLOWED BY BRITTANY PERNELL.
I MENTIONED THIS EARLIER, BUT I HAVE ANOTHER QUESTION, UH, ABOUT THE COMMUNITY THAT, UH, DISSOLVED THEIR HOA.
UM, HOW IS IT POSSIBLE STORM WATER IS SUPPOSED TO PERMIT DETENTION AREAS? YOU'RE SUPPOSED TO GET A LICENSED ENGINEER INSPECT A DETENTION AREA AND THEN STORM WATER IS SUPPOSED TO APPROVE IT OR NOT.
IS THERE A WAY THAT STORM WATER DEPARTMENT CAN ENFORCE THIS LAW? I, I DON'T HAVE AN ANSWER FOR YOU.
UM, ANYONE AT THE COUNCIL TABLE WHO, WHO DOES, WE CAN LOOK INTO THAT FOR YOU.
IT MIGHT BE, MIGHT BE PUBLIC WORKS, UM, MIGHT BE ABLE TO DO SOMETHING, BUT, UM, WE'LL LOOK INTO IT FOR YOU AND, AND CONTACT YOU.
I THINK WE HAVE YOUR CONTACT INFORMATION IF YOU'VE SIGNED IN.
MY MAJ MAJOR CONCERN WITH THAT IS THE FLOODING AND THE MOSQUITOES.
MAY I ASK, I, I'M SORRY, BUT CHAIR, WHAT DID, WHAT SHE WAS ASKING, WAS IT CONCERNING FLOOD, UM, IN A PARTICULAR DETENTION? YOU SAID DETENTION AREA HAS NOT BEEN CUT OR MAINTAINED IN OVER 10 YEARS? OH YEAH.
IN THE RETENTION, UH, NEW YORK RESIDENCE.
NOT IN MY NE NEIGHBORHOOD, BUT A NEIGHBORHOOD THAT'S NEAR MY NEIGHBORHOOD.
[02:10:01]
TRIED CALLING 3 1 1 AND PUTTING IN AUH, WE'LL REACH OUT TO YOU AND SEE IF WE CAN HELP YOU WITH THAT, OKAY? OKAY.
UH, PITA WITH CASTEX TATUM, UH, MS. YES, GO AHEAD.
UM, I JUST WANTED YOU TO KNOW THAT, UM, WE CAN LOOK INTO THAT, UM, WITH PUBLIC WORKS 'CAUSE I BELIEVE YOU'RE REFERRING TO AN AREA ADJACENT TO YOUR NEIGHBORHOOD IN DISTRICT K.
BRITTANY PURNELL, IF YOU, IF YOU WOULD LIKE TO OFFER COMMENT, YOU DON'T HAVE TO.
IS THERE ANYONE ELSE PRESENT WHO WOULD LIKE TO OFFER PUBLIC COMMENT WHETHER YOU'VE SIGNED UP OR NOT? OKAY.
I THINK THAT CONCLUDES OUR AGENDA FOR TODAY.
I APPRECIATE EVERYBODY COMING OUT AND, UH, ESPECIALLY OUR PRESENTERS, DAMON CRENSHAW, AND SUSIE AND GARRETT RICE, EVERYBODY WATCHING ONLINE.
AND WE WILL HAVE ANOTHER, UH, QUALITY OF LIFE COMMITTEE MEETING SCHEDULED NOW FOR MONDAY, SEPTEMBER THE NINTH AT 2:00 PM THANK YOU ALL.