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I AM MARTHA CASTEX TATUM, THE MAYOR, PRO TE OF THE CITY OF HOUSTON, ALSO THE COUNCIL MEMBER OF DISTRICT K.
I'M SO EXCITED TO SEE ALL OF YOU HERE TODAY.
WE ARE GOING TO HAVE A VERY IMPORTANT DISCUSSION ABOUT DE RESTRICTIONS AND PROPERTY LAWS.
AND THIS IS AN IMPORTANT DISCUSSION BECAUSE WE ARE TALKING ABOUT SOMETHING THAT IS IMPORTANT TO ALL OF US, YOUR NEIGHBORHOODS.
WE WANT TO MAKE SURE THAT THE LEADERS IN OUR COMMUNITY HAVE THE MOST UP-TO-DATE INFORMATION TO PROTECT AND PRESERVE THE NEIGHBORHOODS THAT WE ALL LOVE.
SO TODAY FOR OUR POST LEGISLATIVE DISCUSSION, I'M VERY EXCITED TO HAVE SUSIE RICE, WHO IS THE FOUNDING PARTNER OF RICE AND RICE LAW FIRM.
SUSIE RICE IS A RESPECTED VOICE IN HOA LAW ACROSS THE STATE OF TEXAS.
SHE IS ALSO THE CO-AUTHOR OF CHAPTER 2 0 4 IN SECTIONS OF CHAPTER 2 0 9 OF THE TEXAS PROPERTY CODE.
SO WE WANTED TO MAKE SURE WE BROUGHT THE VERY BEST TO ANSWER YOUR QUESTIONS AND MAKE SURE YOUR DE RESTRICTIONS ARE UP TO DATE.
UM, TODAY WE WILL HAVE AN INTERACTIVE DISCUSSION.
UH, ATTORNEY RICE AND HER SON WILL, UM, GIVE US THE UP TO DATE LEGISLATIVE ACTIONS THAT JUST HAPPENED IN THE 89TH LEGISLATIVE SESSION.
AND THEN WE'LL OPEN IT UP FOR QUESTIONS.
SO WE WILL MAKE TIME TO ANSWER YOUR QUESTIONS, UH, AND THEN WE WILL, UM, MAKE SURE THAT ANY OTHER INFORMATION THAT YOU NEED, WE CAN SET UP SOME TIME TO MEET WITH INDIVIDUAL NEIGHBORHOODS, UH, AS WE NEED TO DO SO.
UH, SO WITHOUT ANY FURTHER ADO, I'M GOING TO TURN IT OVER TO THE EXPERT IN THE ROOM.
ATTORNEY SUSIE RICE, THANK YOU SO MUCH FOR BEING WITH US TODAY.
ALL RIGHT, Y'ALL, I'M USED TO WORKING WITH THAT, WORKING WITH A MIKE IN MY HAND.
SO I WANNA THANK MAYOR PRO TEM MARTHA KASIK TATUM.
UM, SHE'S HELPED SET THIS UP AND THIS IS A GREAT OPPORTUNITY FOR ALL OF Y'ALL.
AND SO WHAT WE'RE GONNA DO TODAY IS I'M GONNA GIVE YOU SOME OVERVIEW OF SOME CHANGES THAT WERE MADE BY THE LEGISLATURE, AND SOME OF 'EM ARE VERY BENEFICIAL FOR HOMEOWNER ASSOCIATIONS.
THEY KIND OF CLEANED A FEW THINGS UP.
AND FIRST OF ALL, LET ME ASK Y'ALL, IS THERE ANYBODY IN HERE WHO IS WITH A CONDOMINIUM? ANYBODY CONDOS? YES, MA'AM.
WELL, THEY MADE SOME CHANGES TO CONDOS WITH REGARD TO, THEY TOOK SOME OF THE AREAS OF 2 0 9 OF THE PROPERTY CODE AND MADE 'EM APPLICABLE TO CONDOMINIUM ASSOCIATIONS.
SO IF YOU'LL OPEN YOUR PACKETS, I HAVE GIVEN Y'ALL SOME OF THE STATUTES THAT ARE GONNA GO INTO EFFECT ON SEPTEMBER 1ST, 2025 THAT AFFECT NOT ONLY CONDOMINIUMS, BUT I'LL POINT OUT WHICH ONES ALSO AFFECT HOMEOWNER ASSOCIATIONS.
AND IF WE LOOK AT FIRST AT SENATE BILL NUMBER 7 1 1, IF YOU LOOK IN THE RIGHT HAND CORNER OF YOUR PAPER, IT'LL TELL YOU WHAT, WHETHER IT'S A HOUSE BILL OR SENATE BILL AND WHAT THE NUMBER IS.
THIS IS THE, UM, THE FIRST PART OF THIS PARTICULAR BILL AFFECTS CONDOMINIUMS FROM THE STANDPOINT YOU'RE GONNA HAVE TO HAVE AN INTERNET WEBSITE JUST LIKE HOMEOWNER ASSOCIATIONS DO, AND MOST CONDOMINIUMS HAVE THAT.
AND THEN YOU HAVE TO HAVE A MANAGEMENT CERTIFICATE.
SO THEY'RE ESSENTIALLY UPDATING THE UNIFORM CONDOMINIUM ACT AND INCORPORATING SOME AREAS OF 2 0 9 OF THE PROPERTY CODE, WHICH APPLIES ONLY TO TOWN HOMES AND SINGLE FAMILY RESIDENCES.
SO THIS IS BRINGING THE CONDOMINIUM ACT UP TO DATE.
IF Y'ALL GO TO THE SECOND PAGE OF THAT SENATE BILL AT THE VERY BOTTOM, THEY HAVE BASICALLY MADE A CHANGE TO 2 0 2 0.023 OF THE PROPERTY CODE.
NOW, YOU REMEMBER WHEN THE LEGISLATURE A FEW YEARS BACK SAID, HEY, PEOPLE CAN PUT FENCES IN THEIR FRONT YARD IF THEY WANT TO.
THEY CAN PUT 'EM ALL THE WAY AROUND.
WELL, THERE'S BEEN KIND OF AN UPROAR ABOUT THIS.
SO THEY CAME BACK THIS LEGISLATIVE SESSION AND THEY MADE SOME CHANGES.
AND SO ESSENTIALLY THEY SAID THAT YOU CAN'T PUT A FENCE IN AN AREA THAT IS DEFINED OR WRITTEN AS A LICENSE AGREEMENT, UH, A SEPARATE AGREEMENT, OR IF IT'S INDICATED THAT IN THE PLAT.
AND YOU CAN'T PUT A FENCE ACROSS A SIDEWALK IN THE PUBLIC RIGHT OF WAY OR OTHERWISE INSTALL FOR PUBLIC OR COMMUNITY USE OR IN A DRAINAGE EASEMENT OR DRAINAGE AREA.
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REQUIRES THAT A DRIVEWAY GATE TO BE SET BACK AT LEAST 10 FEET FROM THE RIGHT OF WAY IF THAT DRIVEWAY GOES INTO A STREET.SO IT'S, IT'S NOT LETTING PEOPLE BUILD THOSE THINGS RIGHT UP TO THE EDGE TO WHERE IT'S GONNA HARM YOU IF YOU'RE TRYING TO BACK OUT.
AND YOU CANNOT SEE IF THERE'S ONCOMING TRAFFIC.
NOW, WHAT THEY ALSO DID IS THEY SAID THAT IF YOUR RESTRICTIVE COVENANTS PROHIBIT THE INSTALLATION OF A FENCE IN FRONT OF THE FRONT MOST BUILDING LINE OF A DWELLING.
SO WHAT YOU'VE GOT TO DO IS CHECK YOUR RESTRICTIONS.
AND IF THEY PROHIBIT PEOPLE FROM PUTTING A FENCE IN FRONT OF THAT FRONT MOST BUILDING LINE, THEY'RE NOT GONNA BE ABLE TO PUT A FENCE THERE.
THE EXCEPTIONS TO THAT ARE IF THE POLICE COME OUT AND DETERMINE THAT FOR SECURITY REASONS, THIS PARTICULAR HOME NEEDS A FENCE AROUND THE FRONT YARD, OR IF YOU ALSO HAVE THE RIGHT TO NOT HAVE YOUR ADDRESS DISCLOSED IN THE PROPERTY RECORDS.
AND THAT IS FOR PEOPLE WHO HAVE BEEN VICTIMS OF SEXUAL ASSAULT, PEOPLE WHO, UH, HAVE, YOU KNOW, THEY'VE BEEN SUBJECT TO VIOLENCE IN THE HOME AND THEY'VE MOVED OUT.
SO THAT'S TO PROTECT THEM FROM NOT BEING, THEY DON'T RELEASE THEIR ADDRESS.
SO THEY HAVE THE RIGHT TO PUT A FENCE IN THAT FRONT AREA PROTECTING THEM.
SO THAT'S GOOD WHAT YOU, BUT WHAT YOU NEED TO DO IS YOU NEED TO CHECK YOUR RESTRICTIONS.
IF YOUR RESTRICTIONS HAVE FORBIDDEN, THAT YOU CAN FORBID THAT.
ALSO WITH REGARD TO THOSE EXCEPTIONS THAT WE JUST TALKED ABOUT, GO TO THE NEXT PAGE OF SENATE BILL 7 1 1.
AND THIS IS TALKING ABOUT THE A CC.
NOW, EVERYBODY RAN INTO PROBLEMS WHEN THE LEGISLATURE CAME AND SAID, YOU KNOW, IF YOU LIVE WITH OR YOU'RE RELATED TO, UM, SOMEBODY WHO IS ON THE BOARD, YOU CANNOT BE A MEMBER OF THE A CC.
WELL, THEY'VE CLEANED THAT UP A LITTLE BIT.
AND WHEN I SAY A CC, I'M TALKING ABOUT AN ARCHITECTURAL CONTROL COMMITTEE.
AND THIS IS IN MOST ASSOCIATIONS, THEY HAVE AN ARCHITECTURAL CONTROL COMMITTEE.
THIS IS WHO PEOPLE SUBMIT THEIR REQUEST TO WHEN THEY WANNA MAKE EXTERIOR CHANGES TO THEIR HOME.
SO NOW WHAT THE LEGISLATURE SAID IS, OKAY, HERE'S WHAT YOU CAN DO.
WE WANT YOU TO SEND OUT CANDIDATE FORMS JUST LIKE YOU DO WHEN YOU'RE TRYING TO SEE IF SOMEBODY WANTS TO RUN FOR THE BOARD, SEND OUT A CANDIDATE FORM AND SAY, HEY, WE WANNA KNOW, DOES ANYBODY WANNA SERVE ON THE A CC? YOU HAVE TO SEND IT OUT AND GIVE THEM AT LEAST 10 DAYS TO RESPOND BACK TO YOU.
THEN ONCE YOU'VE GOTTEN THOSE FORMS BACK, IF NOBODY'S RESPONDED, THEN YOU CAN SCHEDULE YOUR MEETING.
AND THEN IF NOBODY HAS RESPONDED, THAT'S WHEN YOU CAN CHOOSE A FAMILY MEMBER OR SOMEBODY LIKE THAT TO BE ON YOUR A CC.
THE REASON THEY MADE THIS CHANGE IS BECAUSE A LOT OF ASSOCIATIONS WERE LEFT WITHOUT A CC MEMBERS.
NOBODY COULD GET, YOU KNOW, IF YOU SENT OUT THESE FORMS, YOU DON'T GET A RESPONSE.
SO THIS IS A LEGISLATURE RESPONDING TO, WE DON'T, WE CANNOT FILL THE POSITIONS ON THIS A C, C, AND WE NEED TO, NOW YOU CAN.
SO NOW YOU CAN FALL BACK ON FAMILY MEMBERS AND PEOPLE LIKE THAT.
BUT WE'VE GOTTA MAKE SURE THAT YOU COMPLY WITH THE STATUTORY REQUIREMENTS OF DOING JUST LIKE YOU DO CANDIDATE NOMINATION FORMS FOR BOARD MEMBERS.
ALRIGHT, GO TO SENATE BILL 26 29 AND BA BASICALLY, WHAT THE LEGISLATURE DID WITH REGARD TO CONDOMINIUMS AND WITH REGARD TO, I'M GONNA CALL 'EM HOMEOWNER ASSOCIATIONS, IS THEY BASICALLY BROUGHT IT UP TO DATE WHERE WE CAN USE ELECT ELECTRONIC VOTING BECAUSE A LOT OF DOCUMENTS DIDN'T SAY IT.
AND THAT'S BECOME VERY POPULAR AND IT'S A LOT EASIER FOR PEOPLE TO VOTE.
SO THEY, THEY ESSENTIALLY INCORPORATED IT INTO THE PROPERTY CODE AND THE TEXAS UNIFORM CONDOMINIUM ACT THAT YES, YOU CAN DO ELECTRONIC VOTING 'CAUSE MOST PEOPLE HAVE BEEN DOING IT ANYWAY.
THEY FOUND IT A LOT EASIER TO DO.
GO TO HOUSE BILL NUMBER 5 1 7.
AND ESSENTIALLY WHAT THIS IS, THIS IS ADDRESSING THE DROUGHT SITUATIONS THAT, UH, A LOT OF AREAS IN TEXAS HAVE RUN INTO.
AND SO THEY'RE BASICALLY SAYING IF WE ARE IN A DROUGHT SITUATION AND PEOPLE CANNOT WATER THEIR LAWNS LIKE THEY WOULD LIKE TO, YOU CANNOT ISSUE A FINE TO THEM FOR GRASS DYING OR BUSHES DYING UNTIL THAT DROUGHT SITUATION IS LIFTED AND YOU'VE GIVEN THEM 60
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DAYS TO TRY TO REWATER THEIR LAWN AND THE BUSHES AND EVERYTHING ELSE.SO IT'S BASICALLY PROTECTING PEOPLE FOR WHEN WE CANNOT WATER LIKE WE WOULD LIKE TO.
THIS ESSENTIALLY DEALS WITH A SOLAR ROOF TILE.
SO YOU KNOW HOW PEOPLE CAN HAVE THE SOLAR ROOF PANELS NOW THEY CAN HAVE SOLAR ROOF TILES.
AND ACTUALLY I THINK THOSE LOOK BETTER THAN THE SOLAR PANELS.
'CAUSE YOU, YOU, YOU DRIVE BY THOSE YOU CAN'T EVEN TELL.
SO, UM, THEY'RE NOW ALLOWING THOSE, WHICH TO ME IS A, IS A THANKFUL RELIEF WITH REGARD TO THAT.
ALL OF THESE COME INTO EFFECT ON SEPTEMBER 1ST, 2025.
NOW AT THIS POINT IN TIME, I'M GONNA START TAKING QUESTIONS FROM ANY OF Y'ALL CONCERNS OR ANYTHING.
SO WHOEVER WANTS TO START IT OFF, Y'ALL COME ON UP TO THE MIC.
IF YOU WANT TO, YOU CAN LINE UP AND WE'LL ADDRESS ALL YOUR CONCERNS.
I'M THE PRESIDENT OF HEATHER CREST POST OAK VILLAGE CIVIC ASSOCIATION.
MY QUESTION DEAL WITH THE FENCING.
IF WE ALREADY HAVE RESIDENTS THAT HAVE THE FENCE, BECAUSE WE WENT THROUGH THIS, IT DOES STATED IN OUR DEED RESTRICTIONS NOT FORWARDING THE PROPERTY.
AND I WAS CONSTANTLY DISPUTED ON THAT.
I COULDN'T MAKE THEM TAKE THAT FENCE DOWN.
SO WE HAVE APPROXIMATELY ABOUT 470 HOMES IN MY SUBDIVISION.
SO WHAT CAN WE DO ABOUT THAT? SINCE THEY'VE BEEN THERE, THEY, THE, AND THE LEGISLATURE ADDRESS THAT WE CANNOT COME AND MAKE THEM TAKE IT DOWN JUST 'CAUSE THEY'VE CHANGED THE LAW.
UH, SO THEY'RE, YOU'RE GONNA HAVE TO LET THOSE PEOPLE KEEP THEIR FENCES UP.
THEY'RE NOT GONNA, THEY'RE NOT MAKING THEM TAKE 'EM DOWN AT THIS POINT.
BUT GOING FORWARD, YOU DON'T HAVE TO ALLOW ANYBODY ELSE TO DO IT.
SO WHAT I WOULD DO IS DOCUMENT.
WHICH ONES ARE ALREADY THERE? MM-HMM
SO THAT WHEN YOU DO REFUSE AFTER SEPTEMBER 1ST, 2025, WHEN YOU DO SAY TO SOMEBODY YOU CAN'T HAVE A FENCE, THEN THEY'RE GONNA SAY, BUT THESE PEOPLE HAVE ONE.
THEN YOU CAN SAY, HEY, THEY WERE THERE BEFORE THE LEGISLATURE CAME AND CHANGED THE LAW.
HOW ABOUT DURING A STORM? IF THEY FALL DOWN, CAN THEY REPLACE IT? DON'T WE NEED TO COME TO THE MIC? YEAH.
UM, I THOUGHT WE, IS THIS THE DECOR? WE COME TO THE MIC? CORRECT? YES, MA'AM.
YOU CAN COME TO THE MIC WITH REGARD TO, UH, WITH REGARD TO A STORM.
I THINK WITH, I THINK IF THEY ESSENTIALLY WANTED TO REPLACE IT AFTER A STORM, THEY'RE GONNA BE, I THINK A JUDGE WOULD ALLOW THEM TO DO THAT.
IT'S, LET'S SAY THEY HAVE A SITUATION TO WHERE THEY, THE FENCE IS ROTTING DOWN AND IT'S BEEN THERE FOR YEARS AND YEARS AND YEARS, AND THEY WANNA REPLACE IT WITH A NEW FENCE, AND THEY COME.
THAT'S WHEN YOU CAN THEN START CHALLENGING THEM.
BUT WITH REGARD TO A STORM, I THINK THE JUDGE IS GONNA LOOK ON THAT IN A TOTALLY DIFFERENT SITUATION.
AND THANK YOU TO MAYOR PRO TEM ARTHUR TATUM FOR HELP HOSTING THIS EVENT.
AND THANK YOU FOR BEING HERE TO PROVIDE YOUR EXPERTISE, UM, RESPONSES TO IT.
UM, YOUR TIME AND SERVICE IS, IS VERY, UH, VALUED.
HOWEVER, AS A HOMEOWNER NAVIGATING THE VERY REAL CONSEQUENCES OF HOA OVERREACH AND STATUTORY AMBIGUITY, I RESPECTFULLY SUBMIT THE FOLLOWING QUESTIONS.
ONE IS RELATED TO THE LACK OF ACCOUNTABILITY AND ENFORCEMENT FOR HOA VIOLATIONS.
GIVEN THAT CHAPTER 2 0 9 CONTAINS SEVERAL REQUIREMENTS DIRECTED AT HOA BOARDS TIMELY RECORDS, ACCESS FAIR ELECTION ADMINISTRATION, WHY DOES THE LAW LACK ENFORCEMENT TEETH SUCH AS MEANINGFUL CIVIL PENALTIES OR AUTOMATIC CONSEQUENCES WHEN BOARDS VIOLATE THESE MANDATES? SPECIFICALLY, WHAT IMMEDIATE REMEDIES EXIST FOR HOMEOWNERS WHO ARE DENIED ACCESS TO RECORDS OR HAVE THE RIGHTS OR HAVE THEIR RIGHTS REPEATEDLY VIOLATED? THAT'S MY NUMBER ONE QUESTION, AND I HAVE A SECOND ONE.
UM, THE, BASICALLY THE STATUTE YOU'RE TALKING ABOUT, IF YOU'VE FOLLOWED THE REQUIREMENTS, YOU'VE SENT YOUR REQUEST BY CERTIFIED MAIL, AND THEN THEY REFUSE TO RESPOND TO IT, THEN YOU CAN, AND THAT STATUTE PROVIDES YOU A METHOD TO FILE A LAWSUIT.
AND YOU CAN GO IN JUSTICE COURT, YOU DON'T HAVE TO GO TO THE DISTRICT COURT OR THE COUNTY COURT.
YOU CAN FILE A LAWSUIT IN JUSTICE COURT AND YOU HAVE THE RIGHT TO RECOVER YOUR ATTORNEY'S FEES AND EXPENSES AND COURT COSTS IN THAT JUSTICE COURT.
AND ESSENTIALLY, THAT JUDGE WILL HOLD A HEARING.
AND IF THE ASSOCIATION HAS NOT PROVIDED YOU WITH ANY OF THE DOCUMENTATION YOU'VE REQUESTED, AND UNDER THE STATUTE THEY'RE SUPPOSED TO, THEN THEY'RE GONNA HAVE TO SHOW THAT JUDGE, WHY DIDN'T WE PROVIDE THIS INFORMATION? AND IF YOU'VE HAD TO HIRE AN ATTORNEY, THEN THAT JUDGE CAN BASICALLY AWARD YOUR ATTORNEY'S FEES AND ORDER THEM TO GIVE YOU THOSE DOCUMENTS.
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AND THEY DON'T WANNA VIOLATE A JUDGE'S ORDER.'CAUSE THEN THEY CAN BE HELD IN CONTEMPT OF COURT.
NOW KEEP IN MIND THAT IF YOU DO, ONCE A JUDGE RULES ON A CASE IN JP COURT, IN JUSTICE COURT, THE LOSING PARTY HAS THE RIGHT TO APPEAL UP TO THE COUNTY COURT.
SO THEY MAY APPEAL IT UP TO THE COUNTY COURT, AND THEN IT'S, IT'S WHAT WE CALL A TRIAL DE NOVO, MEANING IT STARTS ALL OVER AGAIN.
SO THAT'S GONNA DELAY IT EVEN MORE.
BUT HOPEFULLY IN THE MEANTIME, IN BETWEEN THAT TIME, THEY WILL HAVE SAT DOWN WITH YOU, WORKED SOMETHING OUT AND GIVEN YOU THE DOCUMENTS YOU REQUESTED.
THAT BRINGS ME TO MY EIGHTH QUESTION.
I'M GONNA SKIP NUMBER TWO AND GO TO EIGHT.
UM, WHY ARE THE JUSTICE OF PEACE COURTS, WHICH ARE MORE ACCESSIBLE TO LOW INCOME HOMEOWNERS, NOT GRANTED BROADER AUTHORITY TO ENFORCE 2 0 9, INCLUDING THE ABILITY TO ISSUE DECLARATORY AND OR INJUNCTIVE RELIEF? BECAUSE WHAT YOU JUST DESCRIBED TO ME, LIKE YOU SAID, THEY CAN APPEAL IT AT THAT POINT YOU'RE IN COUNTY COURT.
UM, WHICH IS HARD TO NAVIGATE AS A HOMEOWNER WITHOUT LEGAL REPRESENTATION.
SO THE MAJORITY OF THE, YOU KNOW, DISPUTES FROM MY EXPERIENCE AND WHAT I'VE NOTICED TENDS TO BE IN COMMUNITIES OF, OF, OF MINORITIES, DISADVANTAGED MINOR, SOCIOECONOMICALLY DISADVANTAGED MINORITIES WHO DO NOT HAVE THE MEANS, UH, FINANCIALLY TO GO TO HIRE ATTORNEYS TO DEFEND THEM IN THESE SITUATIONS WHERE THEIR OWN HOA DUES IN THIS SITUATION ARE BEING USED TO DISENFRANCHISE THEM, TO SUBJUGATE THEM.
IN MY SITUATION, I DIDN'T INTRODUCE MYSELF.
I AM A MEMBER OF TEAL RUN GENERAL MAINTENANCE ASSOCIATION, INCORPORATED.
AND THAT'S THE SITUATION WE FIND OURSELVES IN WITH OUR COMMUNITY IS PREDOMINANTLY SENIORS WHO HAVE BEEN THERE SINCE THAT COMMUNITY WAS BUILT.
THEY DON'T HAVE THE MEANS THEY ARE BEING SUBJUGATED, AND I AM TAKING ON THAT FINANCIALLY TO DEFEND THEM.
WHAT DO YOU DO IN THAT SITUATION? AND I, AND THAT BRINGS ME BACK TO NUMBER TWO, WHICH IS THAT THE ACT PROTECTION IN THE NAME IT SAYS 2 0 9 IS TITLED AS TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT, WITH PROTECTION BEING THE OPERATIVE WORD.
HOW DO YOU RECONCILE THAT TITLE WITH THE COMPLETE ABSENCE OF REAL PROTECTION FOR THE HOMEOWNERS WHEN HOA BOARDS COMMIT ACTS OF FRAUD, MISMANAGEMENT, OR BREACH OF FIDUCIARY DUTY, OFTEN INVOLVING COMMUNITY FUNDS? WELL, HERE, THE, HERE'S HOW THE COURTS OPERATE IS BASICALLY THE DISTRICT COURTS HAVE CERTAIN JURISDICTION COUNTY COURTS DO AND JP COURTS, AND WHEN I SAY JP, I'M TALKING ABOUT JUSTICE COURTS IN THE STATE OF TEXAS, YOU DO NOT HAVE TO BE AN ATTORNEY TO BE A JUDGE IN A JUSTICE COURT.
SO THEY ARE NOT GOING TO GIVE THAT COURT WHAT A COUNTY COURT OR DISTRICT COURT HAS WITH REGARD TO JURISDICTION BECAUSE THEY ARE NOT QUALIFIED TO LOOK AT THE LEGAL ISSUES THAT SAY A COUNTY COURT JUDGES OR DISTRICT COURT, BECAUSE THOSE JUDGES HAVE TO BE LICENSED ATTORNEYS IN THE STATE OF TEXAS.
SO THEIR, THEIR JURISDICTION IS ALREADY LAID OUT FOR THEM.
I'VE BEEN BEFORE THERE ARE SOME JUSTICE COURTS, THEY'RE GREAT JUDGES, AND THEN THERE'S SOME THAT, YOU KNOW, ARE NOT QUALIFIED TO LOOK AT DECLARATORY JUDGMENTS.
YOU KNOW, THEY'RE NOT QUALIFIED TO LOOK AT ALL THE ISSUES THAT GO INTO INJUNCTIONS AND TRYING THOSE TYPE OF CASES AND EVERYTHING ELSE.
SO THAT'S WHY THEY, THEY HAVE A LIMITED JURISDICTION.
THE LEGISLATURE EXPANDED IT A LITTLE BIT, BUT THEY'RE NOT GONNA GIVE THEM ALL THE POWER THAT YOU FIND IN A DISTRICT COURT OR A COUNTY COURT.
THANK YOU VERY MUCH FOR THAT RESPONSE.
THAT BRINGS ME QUESTION NUMBER FIVE,
WHAT TRAINING, IF ANY, IS PROVIDED TO THE JP COURTS, THE COUNTY, THE DISTRICT COURT JUDGES WHO HEAR HOA RELATED DISPUTES UNDER 2 0 9? HOW ARE THESE JUDGES EXPECTED TO APPLY THIS LAW FAIRLY AND EQUITABLY, ESPECIALLY IN CASES INVOLVING PROCEDURAL TECH TECHNICALITIES OR SYSTEMIC ABUSE? WELL, I KNOW JUSTICE COURTS, I BELIEVE IT'S, IT'S, IT'S EITHER 40 OR 60 HOURS WORTH OF WHEN THEY'RE ELECTED.
THEY GO TO TRAINING LIKE THAT.
AND AS ATTORNEYS AND JUDGES, WE DO WHAT WE CALL CONTINUING LEGAL EDUCATION.
AND WHAT A LOT OF THE JUDGES, LIKE IN COUNTY COURT AND DISTRICT COURT, THEY'RE GONNA RELY ON, 'CAUSE THEY'RE LOOKING AT ALL TYPE OF CASES, OIL AND GAS, EVERYTHING UNDER THE SUN.
AND THEY MAY NOT HAVE SPECIALTIES IN THAT, BUT AS
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ATTORNEYS, WE WILL WRITE BRIEFS.AND WHEN WE WRITE MOTIONS, THEY'RE VERY DETAILED.
THEY'RE SHOWING THEM HERE'S WHAT THE COURT, HERE'S WHAT THE COURT OF APPEALS AND SUPREME COURT HAVE SAID ABOUT DISTRICT, ABOUT, UH, SPECIFIC AREAS OF, OF A STATUTE AND EVERYTHING ELSE.
SO WE ARE EDUCATING THE JUDGES, THANK YOU.
AND BECAUSE WE'RE NOT GONNA MISLEAD 'EM, I WANT MY BAR LICENSE.
I'M NOT GONNA MISLEAD A JUDGE, AND I DON'T RELY ON JA G CHAT GPT EITHER, UH, BECAUSE YOU DON'T WANNA JUDGE SAYING, I LOOKED THIS CASE UP AND THIS CASE DOESN'T EXIST, YOU'RE GONNA LOSE YOUR BAR LICENSE OVER IT.
SO THEY HAVE, I MEAN, AND AND JUST FROM PRACTICING OVER 39 YEARS, I HAVEN'T FOUND AN ATTORNEY YET WHO'S WILLING TO MISLEAD A JUDGE IN WRITING A BRIEF OR WRITING A MEMORANDUM.
THEY WANT, THEY HAVE A REPUTATION, THEY WANNA BE RELIED UPON BY A JUDGE.
AND SO WE'RE NOT GONNA BE MISLEADING THEM.
I'VE HAD JUDGES, YOU KNOW, ASK YOU A QUESTION THAT'S GONNA BLOW YOUR CASE.
WELL, YOU'RE GONNA TELL 'EM THE TRUTH.
BUT HERE'S WHY YOU SHOULD STILL GO WITH MY, MY POINT ON THIS.
UM, SO THEY REALLY DON'T, THEY'RE, THEY'RE NOT, ATTORNEYS ARE NOT CONNIVING WHEN IT COMES TO DEALING WITH A JUDICIARY WHEN THEY'RE, WHEN THEY'RE CITING CASES OR TALKING ABOUT STATUTES WITH REGARD TO THE JUDGES.
THAT BRINGS ME TO QUESTION NUMBER NINE.
PROPERTY CODE 2 0 9 0.0057 C TWO B AND UNRESOLVABLE DISPUTES ON RECOUNT OFFICIALS RELATED TO UNRESOLVABLE DISPUTES ON RECOUNT OFFICIALS ALLOWS HOMEOWNERS AND HOAS TO AGREE ON A NEUTRAL RECOUNT OFFICIAL, BUT THE LAW DOES NOT EXPLAIN WHAT HAPPENS IF NO AGREEMENT IS REACHED.
DOES THIS NOT DEFAULT BACK TO 2 0 9 0.0057 C ONE, GIVEN THE HOA UNILATERAL CONTROL OVER THE RECOUNT, DESPITE THEIR SOLE CUSTODY OF THE BALLOTS, HOW DOES THIS PREVENT BALLOT TAMPERING AND PROTECT HOMEOWNERS VOTING RIGHTS? WELL, IF YOU THINK THAT MOST HOAS, AND I KNOW THE ONES I REPRESENT WHEN THEY'RE, WHEN THEY DO HAVE, ESPECIALLY IF THEY THINK THAT THERE'S, IF PEOPLE ARE REALLY UPSET AND THEY'RE CHALLENGING, UH, WHO'S THERE'S A HOT CONTEST IN THAT ELECTION, THEN THEY ARE EXTREMELY CAREFUL WITH THOSE BALLOTS.
THEY WILL SEAL THEM UP ALONG WITH THE PROXIES AND EVERYTHING ELSE.
AND THEN IF SOMEBODY DOES ASK FOR A RECOUNT, WE WILL GIVE THAT SEALED PACKAGE TO, IF THE PARTIES CANNOT AGREE ON A PERSON, THEN THE, THEN THAT PARTICULAR STATUTE TELLS YOU, HERE'S THE TYPE OF PEOPLE YOU CAN USE.
SO YOU CAN USE A, AN ELECTION, A COUNTY ELECTION OFFICIAL, AND I'VE USED THEM BEFORE.
THE ONES THAT, UM, WORK FOR SAY HARRIS COUNTY OR KENDALL COUNTY OR WHEREVER IT MAY BE, AND THEY COUNT THE VOTES FOR THAT PARTICULAR COUNTY.
THEY'RE IN CHARGE OF THE VOTING FOR THAT COUNTY.
I'VE USED THEM TO COUNT VOTES.
MOST OF THE TIME WE USE OTHER ATTORNEYS WHO ARE INDEPENDENT FROM THAT CASE.
AND WHAT'S GOING ON IN THAT WITH REGARD TO THAT ELECTION CONTEST.
IF BOTH PARTIES AGREE TO IT, YOU CAN USE A RETIRED JUDGE.
SO THE STATUTE PROVIDES YOU WITH PEOPLE THAT YOU GO TO IF THE PARTIES CAN'T AGREE TO A PERSON TO DO THE RECOUNT.
THAT DOESN'T ANSWER MY QUESTION.
UM, I'M AWARE OF WHAT YOU JUST, I'M AWARE OF THAT SECTION OF THE PROPERTY CODE THAT YOU JUST NAMED IN TERMS OF WHO'S QUALIFIED TO DO THE RECOUNT.
MY QUESTION IS, IN A SITUATION WHERE TAMPERING OR THERE'S A PATTERN OF TAMPERING, IF YOU HAVE A IN-PERSON ELECTION AND THERE'S AN OUTCOME FROM AN IN-PERSON ELECTION AND SOMEONE, AND IT WAS COMPLETELY TRANSPARENT AND SOMEONE REQUESTS A RECOUNT OF THAT ELECTION AND THOSE, THAT RECOUNT IS CONDUCTED, AND THERE'S A HUGE MARGINAL DIFFERENCE BETWEEN WHAT OCCURRED IN THE PERSON VERSUS WHAT HAPPENED AT THE RECOUNT, IT'S EVIDENT THAT THERE WAS TAMPERING.
HOW DO YOU ADDRESS THE FACT THAT THOSE BALLOTS ARE IN THE SOLE CUSTODY OF A MANAGEMENT COMPANY THAT IS IN CONFLICT OF INTEREST WITH THAT BOARD AND THEY'RE THE ONES IN FULL UNILATERAL CONTROL OF A ONE.
YOU, YOU MAKING THE HOMEOWNER PAY FOR THE RECOUNT, BUT YOU GET TO SELECT, BUT THE ASSOCIATION GETS TO SELECT THE JUDGE.
THE ASSOCIATION ALSO HAS CONTROL AND CUSTODY OF THOSE BALLOTS, THEREFORE THEY HAVE CONTROL OF THE ENVELOPE.
OBVIOUSLY THE ENVELOPE WAS OPEN AND IT WAS PADDED WITH ADDITIONAL BALLOTS THAT WERE NOT AT THE ORIGINAL IN-PERSON ELECTION.
WHAT DO YOU DO IN THAT SITUATION? AND YOU'RE GONNA HAVE TO END UP IN COURT WITH THAT.
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COURT.WE'RE TALKING ABOUT AGAIN, COMMUNITIES WHO DON'T HAVE THOSE KIND OF RESOURCES.
SO I'M, I I'M, I'M GONNA SIT DOWN 'CAUSE I KNOW IT'S OTHER PEOPLE WANNA ASK QUESTIONS, BUT THESE ARE SO IMPORTANT TO MY COMMUNITY.
WHAT NEIGHBORHOOD TILL RUN GENERAL MAINTENANCE ASSOCIATION IN FRESNO, TEXAS.
AND SO MY, THAT BRINGS ME BACK TO NUMBER SIX.
VOLUNTEER BOARDS WITH GOVERNMENT LIKE POWER CHAPTER 2 0 9 GRANTS VOLUNTEER BOARD.
WELL, YOU KNOW WHAT? I, I NEED TO GO BACK TO FIVE TO UH, TO NUMBER NINE 'CAUSE YOU DIDN'T ANSWER THE QUESTION.
WHAT DO YOU, YOU JUST TOLD ME GO BACK TO COURT.
RIGHT? I MEAN, AND THAT BRINGS ME BACK TO WHAT THE JUDGES DON'T KNOW WHAT TO DO.
'CAUSE THE JUDGE BASICALLY SAID, WELL, NO, YOU PROVE IT.
LIKE YOU DO ANY CASE, YOU'RE GONNA HAVE TO BRING IN WITNESSES.
OKAY? YOU'RE GONNA HAVE TO, YOU, WE, YOU HAVE TO PROVE IT LIKE WE DO.
ANY CASE WE GO, OKAY, IF YOU'RE GONNA END UP TRYING IT TO A JUDGE OR A JURY, YOU'RE GONNA HAVE TO BRING IN WITNESSES TO SAY, NO, THAT IS NOT MY SIGNATURE.
UH, THESE BALLOTS WERE NOT THERE ON THAT DAY.
BUT YOU'RE GONNA HAVE TO PROVE YOUR CASE LIKE ANYBODY ELSE WHO ENDS UP IN FRONT OF A JUDGE OR JURY.
CAN I GET ONE LAST BECAUSE I FEEL LIKE I'M ABOUT TO GET, SOMEBODY'S ABOUT TO TELL ME TO SIT DOWN
SO I'M GONNA SIT DOWN BEFORE YOU TELL ME TO SIT DOWN, I'M NOT GONNA TELL YOU TO SIT DOWN.
WHAT I AM GOING TO TELL YOU IS, UH, JUSTICE OF THE PIECE, WANDA ADAMS IS HERE AND YOU CAN, UH, SET UP A TIME TO CHITCHAT WITH HER.
AND SHE DOES HAVE A QUESTION TO TRY TO CLARIFY SOME THINGS.
SO, UH, WE'LL HEAR FROM JUDGE ADAMS NOW, AND THEN YOU CAN SET UP A TIME TO CHIT CHAT WITH JUDGE ADAMS. 'CAUSE WE DO WANNA MOVE ON TO SOME, SOME OTHER QUESTIONS.
BUT CAN I HAVE, I'M GONNA SIT DOWN, BUT BECAUSE SHE CO-AUTHORED THIS, I DON'T, NO DISRESPECT TO JUDGE, UM, ADAMS, BUT MS. RICE CO-AUTHORED SOME OF THIS, CORRECT? YES.
THAT BEING SAID, I, I HAVE THIS ONE LAST THING.
I'VE CONSULTED WITH YOU AND ASKED YOU VERY DETAILED QUESTIONS REGARDING THE HOA LAW.
YET AT NO POINT DID YOU DISCLOSE WHEN YOU AND I HAVE CONSULTED IN THE PAST THAT YOU ARE A CO-AUTHOR, WHICH I THINK IS A VERY QUALIFYING, QUALIFIES YOU TO BE A GOOD COUNSEL.
I'M JUST A LITTLE TAKEN BACK THAT YOU NEVER, IT WASN'T UNTIL THIS WAS ADVERTISED THAT I REALIZED YOU WERE A CO-AUTHOR.
WHY WAS THIS NOT DISCLOSED? IT'S ON MY WEBSITE.
DON'T I I DON'T EVER LEAD OFF WITH THAT WHEN, WHEN I'M TALKING TO CLIENTS INDIVIDUALLY, BUT IT'S ON MY WEBSITE.
UM, AND I DON'T, WHEN SOMEBODY CALLS ME UP, I SAY, HEY, GUESS WHAT I DID? I DON'T, I DON'T DO THAT.
UM, I'M GONNA STEP ASIDE 'CAUSE I KNOW Y'ALL TIRED OF HEARING ME ASK QUESTIONS.
BUT I HAVE, I HAVE SOME MORE VERY RELEVANT QUESTIONS TO EVERYBODY IN THIS ROOM.
'CAUSE I KNOW WE'RE NOT THE ONLY COMMUNITY IN THIS SITUATION.
BUT IF, IF ANYONE'S INTERESTED IN THE REST OF MY QUESTION, Y'ALL KNOW, I'M GONNA LET JUSTICE ADAMS, IF YOU WOULD JUDGE, JUDGE ADAMS GOOD.
FIRST OF ALL, I WANNA SAY GOOD MORNING.
UM, I'M NOT ALLOWED TO ADDRESS ANY OF THEIR QUESTIONS THAT THEY HAVE CONCERNING JP COURT BECAUSE THEY MAY COME IN FRONT OF ME, SO I CAN'T ADDRESS THOSE.
BUT I DO HAVE A QUESTION FOR YOU IF YOU WILL ADDRESS THEM.
I WANT TO THANK VICE MAYOR PRO TEM 'CAUSE I SENT HER ONE OF MY QUESTIONS IN ADVANCE TO, UM, ADDRESS SOME CONCERNS THAT WE HAVE IN THE COMMUNITY.
AND I WANT TO THANK STATE REPRESENTATIVE RON REYNOLDS FOR BEING PRESENT BECAUSE HE, UM, AUTHORED, UH, SOME OF THE BILLS CONCERNING, UM, PROPERTY RIGHTS AND EVICTIONS IN THE COMMUNITY AS WELL.
CONCERNING SQUATTERS, WE HAVE AN INCREASE IN SQUATTERS, WHICH, YOU KNOW, YES MA'AM.
UM, IN THE COMMUNITY, ESPECIALLY IN DISTRICT K, WHERE FOR WHATEVER REASON, WHETHER IT BE TENANTS AT SUFFERANCE OR TENANTS AT WILL, WHATEVER IT MAY BE, THAT PERSON REMAINS THERE OR A PARENT MAY HAVE PASSED ON AND THE CHILDREN REMAIN THERE.
AND OF COURSE THE HOMES BECOME FORECLOSED, WHICH YOU UNDERSTAND.
OR, UM, YOU HAVE SOME ILLEGAL THINGS THAT'S GOING ON IN COMMUNITY, WHICH IS FAKE LEASES, WHICH YOU ARE FAMILIAR WITH.
AND WHEN A HOUSE HAS SET VACANT FOR SO LONG AND YOU HAVE PEOPLE THAT ARE WATCHING AND THEY GET IN THEIR HOUSES ILLEGALLY, CAN YOU PLEASE IF YOU CAN, IF YOU HAVE THE INFORMATION TO INFORM US ABOUT THE NEW SQUATTERS BILL? I'M NOT SURE IF ABBOTT SIGNED IT YET.
UH, STATE REP RUN, I'M NOT SURE IF HE SIGNED IT AT THIS TIME, BUT I KNOW THAT THERE'S A NEW SQUATTERS BILL THAT WAS BROUGHT, I THINK IT'S SENATE BILL 38 THAT WAS BROUGHT FORWARD BY SENATOR BENING COURT CONCERNING SQUATTERS.
CAN YOU PLEASE ADDRESS THAT? AND ALSO LET EVERYBODY KNOW AS YOUR JP FOR PRECINCT SEVEN ONE, I HAVE NEARLY OVER 400 HOURS OF LEGAL STUDIES BEING JP.
UM, AND ALSO TO MAKE SURE THAT WHEN YOU ARE A PLAINTIFF, UH, HOA PLAINTIFF AND YOU WANNA BRING THE INFORMATION TO THE JP COURT, MAKE SURE THAT YOU HAVE ALL OF YOUR PROOF THAT YOU HAVE
[00:30:01]
TO DEFEND YOUR CASE.'CAUSE WE GET THEM ALL THE TIME.
AND ALSO, I JUST RECEIVED A TEXT FROM LONE STAR LEGAL, THE EXECUTIVE DIRECTOR.
AND IF YOU ARE A LOW INCOME COMMUNITY AND YOU CANNOT AFFORD AN ATTORNEY, LONE STAR LEGAL, DO HAVE A CONSUMER RIGHTS DEPARTMENT WITHIN LONE STAR LEGAL, STAR LEGAL, THAT WILL REPRESENT YOU FOR FREE.
SO IF YOU CAN ADDRESS THE SQUATTER'S INFORMATION, I REALLY WOULD APPRECIATE IT.
AND AGAIN, THANK YOU ALL SO MUCH FOR PROVIDING THIS DETAILED INFORMATION.
IT'S A REPRESENTATIVE THAT'S RON REYNOLDS.
UH, WOULD YOU LIKE TO ADDRESS THAT FOR US WITH REGARD TO THE SQUATTER'S RIGHTS? YES.
SO, AND THAT'D BE SOMETHING VERY IMPORTANT FOR YOU AS WELL.
BECAUSE YOU HAVE TO KNOW THAT BECAUSE, UM, IT TAKES ABOUT TO BE HONEST WITH YOU, I HAVE PLAINTIFFS THAT COMPLAIN ALL THE TIME BECAUSE THEY COME TO EVICT THEM AS SOON AS THEY EVICT THEM, THEY GET THE WRIT, THE PERSON BREAKS RIGHT BACK IN THE HOUSE.
THIS PROCESS STARTS ALL OVER AGAIN.
WE HAVE PEOPLE THAT COME AND COMPLAIN TO US AND WE REALLY CAN'T DO ANYTHING ABOUT IT BECAUSE THE PERSON'S BEEN THERE SIX AND SEVEN MONTHS.
BECAUSE THE LAWS ARE NOT STRINGENT ENOUGH.
BUT ALSO, WE WANT THE LAWS TO BE FAIR AS WELL BECAUSE T STATE DO HAVE PROPERTY RIGHTS AS WELL TO BE IN, IN THE STATE OF TEXAS.
SO WE JUST WANNA MAKE SURE, BECAUSE THE COMMUNITIES ARE DEALING WITH SQUATTERS AND THERE'S NO WAY TO GET THEM OUT.
UM, IT'S VERY HARD TO GET THEM OUT.
AND SO I JUST WANNA MAKE SURE WE CAN ADDRESS THAT TO THE COMMUNITY BECAUSE IT AFFECTS THE COMMUNITY AS A WHOLE WHEN THERE ACTUALLY ARE NOT THE HOMEOWNER.
STATE REPRESENTATIVE REYNOLDS, AND AGAIN, THANK YOU EVERYBODY FOR ALLOWING ME TO ADDRESS THE QUESTION TODAY.
WELL, I DON'T HAVE THE, THE, THE BILL IN FRONT OF ME, BUT WE DID PASS LEGISLATION THIS SESSION THAT DEALT WITH THAT.
AND I, AND I'M ALMOST CERTAIN SUNDAY IS THE DEADLINE FOR GOVERNOR ABBOTT TO VETO ANY BILLS.
UH, I HAVEN'T HEARD BUT VETO YET.
SO I'M CONFIDENT THAT THAT BILL WILL BE EFFECTIVE SEPTEMBER 1ST.
AND THAT WHAT THAT BILL PRETTY MUCH WOULD DO IS TO ADDRESS THE SITUATION THAT JUDGE ADAMS WAS JUST TALKING ABOUT.
UH, IT WOULD ALLOW FOR THE REMOVAL OF, OF THE, THE SQUATTER.
AND IT PRETTY MUCH GIVES MORE EMPOWERMENT TO A A, A HOMEOWNER.
AND, AND THAT'S ESSENTIALLY WHAT IT, WHAT IT DOES.
SO, UH, I HOPE THAT ANSWERS THE QUESTION.
I DON'T HAVE, I I CAN PULL IT UP ACTUALLY REALLY QUICKLY, BUT THAT STATE, STATE REPRESENTATIVE REYNOLDS YES.
WHAT WE'LL DO IS WE'LL PUT THAT AS ONE OF OUR NEXT COMMUNITY MEETINGS IS TO TALK ABOUT SQUATTERS' RIGHTS SURE.
AND WE'LL GET THE DEPARTMENT OF NEIGHBORHOODS AND WE'LL GET THE LEGAL FOLKS INVOLVED TO MAKE SURE THAT WE CAN ANSWER ANY QUESTIONS.
SO WE CAN KNOW THE HOMEOWNER'S RESPONSIBILITIES, WE CAN KNOW COMMUNITY RESPONSIBILITIES, AND THEN WE CAN GET SOME ADDITIONAL INSIGHT FROM OUR STATE LEGISLATORS SURE.
AND ANY JP COURTS THAT WOULD WANT TO PARTICIPATE.
AND I WILL TELL YOU THAT, UM, EVERYONE SHOULD KNOW THAT MAYOR PRO TEM MARTHA CASSICK TATUM WAS A REAL CHAMPION WORKING.
I KNOW BERNIE KELLY'S HERE FROM SENATOR ELLIOT.
UH, YOU DID GO TESTIFY THIS SESSION, AND SOME OF THOSE BILLS DID GET TO GOVERNOR ABBOTT'S DESK.
SO HE ALREADY SIGNED OUR BILL.
I I JUST WANTED Y'ALL TO KNOW THAT YOUR MAYOR PRO TEM DID DO SOME REAL HEAVY LIFTING.
AND I WAS PROUD TO SUPPORT THAT LEGISLATION IN THE HOUSE.
BUT SENATOR MILES, LET'S GIVE HIM A SHOUT.
AND COUNCILWOMAN MAYOR PRO TEM.
AND FINALLY, THE LEGISLATION THAT, UM, WAS INSPIRED, I CAN'T SAY SHE, YOU KNOW, THERE'S RESTRICTIONS, BUT JUDGE ADAMS DEFINITELY LOOKS OUT FOR THE COMMUNITY.
SHE BROUGHT SOME THINGS TO ME THAT WERE VERY, UH, UNFAVORABLE FOR TENANTS, UH, THAT, THAT FACE EVICTIONS AND, AND THINGS LIKE THAT.
WE FILED THAT LEGISLATION AND, AND HAD SOME PROGRESS WITH IT.
UNFORTUNATELY, IT DIDN'T GET PASSED.
UH, BUT, BUT, AND, AND THE, THE LADY FROM TEAL RON, SHE, SHE HAD SOME REAL CONCERNS AND WE FILED THOSE.
IT'S A VERY CHALLENGING PROCESS WHEN YOU FILE LEGISLATION TO GET IT PAST THE HOUSE, THE SENATE, AND THEN TO THE GOVERNOR'S DESK.
THIS IS A TIME WHEN WE WORK DURING THE INTERIM TO WORK FOR THE NEXT LEGISLATIVE SESSION.
SO, YOU KNOW, PLEASE CONTINUE TO WORK WITH YOUR MAYOR PRO TEM AND, AND ALL YOUR STATE REPRESENTATIVES AND STATE SENATORS BECAUSE AND IS AN ONGOING PROCESS.
AND WE WANT TO MAKE SURE THAT WE ADDRESS THOSE CONCERNS.
THERE ARE SO MANY GOOD BILLS THAT DIED.
UH, NOT BECAUSE WE DIDN'T FILE 'EM, BECAUSE THEY'RE, YOU KNOW, MS. RICE CAN TELL YOU IT'S VERY DIFFICULT TO GET BILLS PASSED.
IT'S EASIER TO KILL BILLS, MEANING DEFEAT BILLS THAN GET 'EM PASSED.
SO, WE'LL, WE'LL WORK WITH THE MAYOR, PRO TEM AND EVERYONE, ALL THE STAKEHOLDERS TO DO WHAT WE CAN TO CONTINUE TO PROTECT, UM, RESIDENTS.
STATE REPRESENTATIVE REYNOLDS.
AND DO THANK YOU, UM, BERTIE KELLY FOR BEING HERE.
[00:35:01]
INTERJECT HERE AND THEN WE'LL GET BACK TO YOUR QUESTIONS.OUR BANDIT SIGN LEGISLATION DID PASS.
AND SO MANY OF YOU KNOW, WE HAVE BEEN WORKING ON THIS BANDIT SIGN LEGISLATION FOR SIX YEARS.
UM, SO WE TOOK THIS TO THE, UH, LEGISLATURE THREE TIMES THIS TIME IT GOT OVER THE HUMP.
BUT I DO WANNA TELL YOU HOW IT GOT OVER THE HUMP.
UH, THE FIRST TIME, UH, WE HAD, UH, TWO DEMOCRATS TO TRY TO PASS THE BILL.
UH, IT DIDN'T PASS THE SECOND TIME.
WE ALSO HAD TWO DEMOCRATS THIS TIME.
WE SAID, Y'ALL, WE'VE GOTTA WORK ACROSS THE AISLE.
WE HAD, UH, REPUBLICAN PAT CURRY FROM WACO TO CARRY IT IN THE HOUSE.
UH, WHEN THERE IS GOOD LEGISLATION, IT HAS TO BE BIPARTISAN SUPPORT.
WE HAVE TO HAVE BIPARTISAN SUPPORT.
UH, AND WE DID, I WANT TO THANK ALL OF THE STATE REPRESENTATIVES.
I MEAN, LAUREN, UH, ASHLEY SIMMONS, WHO IS OUR STATE REP, UH, IN ONE OF THE STATE REPS IN DISTRICT CASE, SHE WAS A JOINT ARTHUR ON THE BILL.
UM, AND WE HAD BIPARTISAN SUPPORT.
AND WHEN YOU HAVE GOOD LEGISLATION, WE HAVE TO BE ABLE TO WORK ACROSS THE AISLE FOR THE PEOPLE.
UM, WE'RE GONNA PUT TOGETHER A, UH, A GROUP OF, UH, STAKEHOLDERS.
SO NOW WHEN YOU SEE THOSE SIGNS, AND I'M PROUD OF DISTRICT K, 'CAUSE Y'ALL PICKED THOSE SIGNS UP AND Y'ALL THROW 'EM AWAY.
UM, BUT NOW, INSTEAD OF ONLY BEING FINED $250 TO $500, THERE'S A WARNING AND THEN THERE'S $2,000 FINE.
AND NOW A $5,000 FINE FOR PEOPLE THAT ARE PUTTING THOSE PREDATORY SIGNS IN OUR COMMUNITIES.
WHEN YOU SEE SIGNS, THEY SAY, WE BUY DIABETIC STRIPS.
WHEN I CALLED THE NUMBER AND SAID, WHAT DOES THAT MEAN? I SEE THESE SIGNS ALL OVER MY COMMUNITY.
AND THEY SAID, WELL, WE DON'T BUY 'EM IF THEY, THEY ARE MEDICAID OR MEDICARE.
SO I IMMEDIATELY KNEW THEY WERE DOING SOMETHING, THEY DIDN'T HAVE ANY BUSINESS.
AND WHEN YOU SEE THE, WE BUY UGLY HOUSES, WE BUY, YOU KNOW, SOME OF THESE FOLKS HAVE BEEN FINED OVER $400,000 AT THE CITY OF HOUSTON, AND THEY CONSIDER IT A COST OF DOING BUSINESS BECAUSE IT WAS ONLY $250 FINE, A $500 FINE.
BUT WHEN WE START FINDING PEOPLE $5,000, THAT'S A DIFFERENT LEVEL OF COST OF DOING BUSINESS.
AND WE'RE HOPING TO DETER PEOPLE FROM BREAKING THE LAW AND PUTTING THOSE SIGNS IN THE CITY RIGHT AWAY.
THEY JUNK UP OUR COMMUNITY, IT'S COMMUNITY, IT, IT IS SPAM.
THEY'RE IN OUR WATERWAYS, THEY'RE IN OUR SEWAGE SYSTEMS. WE'VE GOT TO DO A BETTER JOB.
AND IT'S THE LOW HANGING FRUIT TO KEEP OUR COMMUNITIES LOOKING BETTER.
STATE REPRESENTATIVE REYNOLDS AND ALL OF, UH, THE FOLKS WHO SUPPORTED US ON THAT.
BUT LET'S PIVOT BACK TO, UM, PROPERTY RIGHTS AND DEED RESTRICTIONS.
MY NAME IS GEORGIA KOTIS AND I REPRESENT THE WESTRIDGE CIVIC ASSOCIATION.
UM, UH, THANK YOU FOR BEING HERE THIS MORNING.
I JUST HAD A QUESTION ABOUT, UM, ENFORCING DEED RESTRICTIONS.
SO LET'S SAY YOU HAVE ALREADY IN YOUR DEED RESTRICTIONS, UM, CERTAIN PROVISIONS REGARDING OFFENSE.
UM, YOU SEND THEM A LITTLE NOTICE SAYING, HEY, YOU KNOW, AND YOU CITE THE DEED RESTRICTION.
AND THEY'RE LIKE, WELL, SO WHAT? SO THEN WHAT ARE THE NEXT STEPS LEGALLY IN TERMS OF ACTUALLY ENFORCING THE DEED RESTRICTIONS AND GIVING IT SOME TEETH? UH, BUT BASICALLY WHAT YOU'VE GOTTA DO IS YOU'VE GOTTA THEN SEND THEM A 30 DAY NOTICE AND YOU TELL 'EM THAT YOU HAVE A RIGHT TO A HEARING BEFORE THE BOARD.
AND IF THEY WANNA SET UP A HEARING, THEY CAN COME AND TALK TO YOU OF THE BOARD ABOUT THEIR SITUATION.
IF THEY DO COME BEFORE THE BOARD, THEN THE BOARD HAS GOT TO PRESENT THEIR EVIDENCE.
SAY, OKAY, HERE'S OUR RESTRICTIONS.
HERE'S THE PICTURES, HERE'S YOUR VIOLATION, HERE'S THE NOTICES WE'VE SENT, YOU'VE GOTTA CORRECT THIS.
THEN THEY HAVE THE RIGHT TO TELL THE BOARD, WELL HERE'S WHY I DID THIS.
CAN I KEEP THIS? YOU KNOW, CAN YOU GIMME A VARIANCE IF THE BOARDS HAVE THE RIGHT TO DO THAT? IF THEY DON'T REQUEST A HEARING OR THEY WALK AWAY FROM THE HEARING, THEY STILL DON'T REQUEST A VIOLATION, THEN YOU CAN EITHER SEND THEM ONE MORE LETTER AND SAY, OKAY, WE'RE GONNA, WE'RE GONNA SEND YOU TO THE ATTORNEY AND SO YOU TELL 'EM YOU'RE GONNA INCUR ATTORNEY'S FEES BECAUSE OF THIS.
IF WE SEND YOU OVER TO THE ATTORNEY, YOU GOT 10 DAYS TO CORRECT IT, THEY DON'T CORRECT IT.
WE SEND THEM A DEMAND LETTER, THEN WE WILL SEND THEM ALSO WHAT WE CALL A LAST CHANCE LETTER WITH A COPY OF THE LAWSUIT.
WE'RE TELLING 'EM WE'RE GONNA FILE THIS AGAINST YOU.
IF Y'ALL, IF THE BOARD SAYS PROCEED WITH FILING IT, THEN WE PROCEED WITH A LAWSUIT AND THEN IT'S OFF AND RUNNING AT THAT POINT.
AND, UH, APPROXIMATELY, I MEAN IN TERMS OF FEES AND COSTS OF A SORT OF STRAIGHTFORWARD TYPE OF CASE LIKE THAT.
SO THE CIVIC ASSOCIATION HAS AN IDEA ABOUT HOW MUCH THAT COSTS AND HOW MUCH OF THOSE COSTS ARE RECOVERABLE
[00:40:01]
FROM THE OFFENDING PARTY.UH, I'VE NEVER MET A STRAIGHTFORWARD CASE YET.
BECAUSE YOU'VE GOT TO REMEMBER THAT, THAT EVEN THOUGH I MAY SAY I DON'T HAVE TO DO A LOT OF DISCOVERY ON THIS, I DON'T THINK I HAVE TO DO DEPOSITIONS.
THEY HAVE THE RIGHT TO, THEY HAVE THE RIGHT TO DO AS MUCH DISCOVERY AS, AS YOU HAVE THE RIGHT TO DO.
THEY HAVE THE RIGHT TO SEND INTERROGATORIES REQUESTS FOR PRODUCTION.
THEY HAVE THE RIGHT TO DEPOSE ALL THE BOARD MEMBERS.
THE MORE YOU DO, THE HIGHER THAT BILL COMES.
THEY HAVE THE RIGHT TO FILE A COUNTERCLAIM IF THEY'RE ACCUSING THE BOARD OF DOING SOMETHING.
SO THIS CAN GO FROM A $5,000 EASY SQUEEZY CASE TO A HUNDRED THOUSAND DOLLARS.
SO HOW MUCH, IF THEY LOSE THE CASE, ARE THERE ANY, WHAT PORTION OF THAT IS RECOVERABLE FROM THE OFFENDING PARTY? THAT'S ALL DISCRETIONARY WITH A JUDGE AND JURY.
THERE'S NOTHING SAYING YES, YOU HAVE THE RIGHT, IT'S A BREACH OF CONTRACT.
SO YOU HAVE THE RIGHT UNDER STATUTE TO ASK FOR ATTORNEY'S FEES, NOT ONLY UNDER CIVIL PRACTICE AND REMEDIES CODE, BUT UNDER THE TEXAS PROPERTY CODE.
YOU CAN, HOWEVER, WITH IT BEING DISCRETIONARY, A JURY OR JUDGE CAN GIVE YOU ZERO.
THEY CAN GIVE YOU HALF OR THEY CAN GIVE IT ALL TO YOU.
UM, USUALLY THE MORE OBNOXIOUS THE OTHER SIDE IS THE MORE YOU'LL GET AN ATTORNEY'S FEES.
SO, YOU KNOW, LOOK AT IT THAT WAY.
AND THEN SECOND QUESTION IS, BECAUSE WE'RE, WE HAVE BEEN DISCUSSING IN OUR COMMUNITY AMENDING THE CURRENT DEED RESTRICTIONS, UM, OBVIOUSLY WE'LL HAVE TO HIRE A LAW FIRM, UM, FOR THEM TO BE ENFORCEABLE.
I IMAGINE THEY NEED, WHERE DO THEY NEED TO BE REGISTERED IN ORDER TO RUN WITH THE LAND? SO THEY CAN BIND SUCCESSIVE OWNERS? YES.
YOU PROPERTY OWNERS, YOU ALREADY, YOUR YOUR, YOUR RESTRICTIONS ARE ALREADY COVENANTS RUNNING WITH THE LAND.
WHEN YOU AMEND THEM, YOU'VE GOT TO FILE THEM IN THE REAL PROPERTY RECORDS.
SO, AND YOU'VE GOTTA FILE 'EM IN THE COUNTY WHERE THE PROPERTY'S LOCATED.
SO YOU NEED TO, LIKE, I HAVE ONE ASSOCIATION UP IN THE HILL COUNTRY.
THEIR SUBDIVISION IS IN THREE DIFFERENT COUNTIES.
SO WHENEVER WE AMEND, WE'VE GOTTA FILE IN THREE DIFFERENT COUNTIES FOR THAT PARTICULAR SUBDIVISION.
SO IF YOUR SUBDIVISION SITS ON A COUNTY LINE, YOU'RE GONNA HAVE TO FILE IN BOTH COUNTIES.
SO MAKE SURE IT'S FILED IN THE COUNTY WHERE THE PROPERTY IS LOCATED, WHERE THE SUBDIVISION IS LOCATED.
ONCE IT'S FILED THERE, THEN IT'S, IT'S ENFORCEABLE.
YOU'VE PUT EVERYBODY ON NOTICE.
BUT YOU ALSO WANT TO UPDATE YOUR MANAGEMENT CERTIFICATE.
SO IT REFERS TO YOUR AMENDMENT, PUT IT ON YOUR WEBSITE SO PEOPLE HAVE ACCESS TO IT.
SO YOU, YOU WANNA PUT IT OUT THERE.
SO EVERYBODY HAS NOTICE OF THIS.
WHEN YOU AMEND YOUR MANAGEMENT CERTIFICATE, YOU'VE GOTTA FILE A COPY OF THAT WITH THE TEXAS REAL ESTATE WEBSITE THAT'S SET UP FOR MANAGEMENT CERTIFICATES FOR HOAS.
SO FOR NEW HOMEOWNERS COMING INTO THE NEIGHBORHOOD, IF THEY DID NOT DO THEIR DUE DILIGENCE AND THEY HAVE NO AWARE THAT ARE NOT UNAWARE OF THESE DEED RESTRICTIONS, CAN THEY CLAIM THAT THEY DIDN'T GET NOTICE? NO.
OR THE FACT THAT THEY WERE REGISTERED IN THE PROPER COUNTY? THAT'S SUFFICIENT.
NOTICE WHAT, WHAT, WHAT THE COURTS LOOK ON IT AS, AND THIS WAS BEFORE, I MEAN I CAN GUARANTEE YOU IF THEY BOUGHT THAT PROPERTY THROUGH A TITLE COMPANY, THERE'S A DOCUMENT WHERE THEY SIGNED AND SAID, I GOT A COPY OF MY RESTRICTIONS.
AND THOSE RESTRICTIONS ARE RIGHT BEHIND THAT COPY OF THAT DOCUMENT.
HOWEVER, EVEN BEFORE THAT, THE COURTS SAY THAT ANYTHING FILED IN THAT PROPERTY RECORDS THAT AFFECTS YOUR PROPERTY, YOU HAVE CONSTRUCTIVE NOTICE.
EVEN IF, EVEN IF YOU'VE NEVER READ THAT DOCUMENT.
'CAUSE ANY OF US CAN GO NOW ONLINE AND LOOK AT EVERY PIECE OF PAPER THAT AFFECTS OUR PROPERTY.
PRO TEM MADE A, A REMARK EARLIER ABOUT PREDATORY SITUATIONS.
SPEAKING OF PREDATORY, UM, MS. RICE, YOU ARE AWARE OF THE PREDATORY SITUATION IN WHICH TILL RUN GENERAL MAINTENANCE ASSOCIATION IS IN.
SO IS REP REYNOLDS AND HE MENTIONED EARLIER THAT I HAD ASKED HIM TO INTRODUCE SOME, UM, SOME LAWS TO HELP US IN THE SITUATION THAT APPARENTLY DIDN'T GET PASSED.
I LIKE TO KNOW WHILE HE'S IN THE ROOM AND I LIKE HIM TO ADDRESS EXACTLY WHAT WAS THE PROBLEM WITH GETTING THAT PUSHED THROUGH.
AND WHAT SUPPORT DID YOU GET FROM MS. RICE OR ANYONE ELSE IS IN A POSITION OF INFLUENCE TO PUSH THROUGH SOMETHING THAT, SOMETHING OF SUBSTANCE.
BECAUSE WHAT I ASKED FOR WAS WITHIN REASON AND OF SUBSTANCE, NOT ONLY TO OUR COMMUNITY, BUT ALL COMMUNITIES.
[00:45:01]
UM, GOVERNED BY AN HOA THOUGH IT'S NOT A A, A QUASI GOVERNMENT, BUT IT'S GIVEN THE AUTHORITY OF A QUASI GOVERNMENT WITH NO OVERSIGHT WHATSOEVER OTHER THAN WHAT MS. RICE IS TELLING US IS THAT OH YEAH, WE KNOW YOU CAN'T AFFORD AN ATTORNEY, BUT IF YOU WANT RESOLUTION, YOU BETTER FIGURE IT OUT.SO HELP ME UNDERSTAND WHY Y'ALL HAVE, I I NEED YOU, I NEED YOU TO, I NEED YOU, JUDGE, BECAUSE WE'RE COUNTING ON YOU.
WE'RE COUNTING ON YOU AND ANY OTHER, ANY OTHER LAWMAKERS.
SO IF THIS IS A COL COLLABORATION BETWEEN LAWMAKERS, POLITICIANS, LAWYERS, WHAT COLLABORATION OCCURRED WHEN I ASKED YOU TO PUSH THAT BILL THROUGH TO HELP PULL MY COMMUNITY OUT OF THE BUNCHES THAT WE ARE IN RIGHT NOW, I'D LIKE YOU TO ADDRESS THAT IN DETAIL AND 'CAUSE SOME OF MY COMMUNITY IS HERE, ANYONE HERE FROM TILL RUN GENERAL MAINTENANCE ASSOCIATION, WOULD YOU MIND, COULD YOU PLEASE STAND UP OR RAISE YOUR HAND AND IS THERE ANYBODY IN THIS ROOM THAT'S AWARE OF WHAT'S GOING ON? BECAUSE I'VE BEEN VERY PUBLIC ABOUT IT ON NEXT DOOR.
'CAUSE THAT'S MY ONLY WAY OF GETTING THIS INFORMATION OUT BECAUSE OUR SITUATION IS SO PREDATORY, WE CAN'T USE OUR OWN CLUBHOUSE.
HE DON'T EVEN OWN PROPERTY IN OUR COMMUNITY.
WE HAVE LAWMAKERS IN THIS COMMUNITY WHO HAVE ATTENDED OUR MEETINGS IS VERY AWARE OF IT.
WELL, HERE'S ONE OF, HERE'S ONE OF THE PROBLEMS THAT ANYBODY RUNS INTO.
WE, BECAUSE THE LEGISLATURE ONLY MEETS EVERY OTHER YEAR, THEY'RE DEALING WITH HUNDREDS OF THOUSANDS OF ISSUES AND BILLS AND EVERYTHING.
AND I AGREE WITH MAYOR PRO TEM, IT'S HARD TO GET, YOU HAVE TO WORK YEARS TO GET THINGS PASSED EVEN WHEN THEY'RE BENEFICIAL AND SO GOOD FOR THE PEOPLE.
PEOPLE, THINGS GET LOST IN COMMITTEES AND, AND EVERYTHING ELSE.
AND THEY'RE ONLY UP THERE FOR A SHORT PERIOD OF TIME.
LOOK HOW MASSIVE OUR STATE IS.
THEY'RE UP THERE FOR A SHORT PERIOD OF TIME EVERY OTHER YEAR.
AND SO THEY HAVE TO DEAL WITH THE EDUCATION, TAXES, EVERYTHING.
AND, AND, AND IT'S NOT THAT THEY DON'T CARE, IT'S NOT THAT THEY'RE NOT CONCERNED, BUT IT WILL EVENTUALLY PASS.
IT MAY BE SIX YEARS, IT MAY BE SEVEN YEARS, EIGHT YEARS, BUT IT WILL GET THERE.
IT'S JUST WHEN A, WHEN A WHEN A PROBLEM COMES UP AND JUMPS IN FRONT OF IT, THEY CAN'T HELP THAT THEY'RE DOING, BELIEVE ME, THEY'RE DOING EVERYTHING THEY CAN.
I'VE DEALT WITH THE LEGISLATURE TRYING TO GET THINGS CHANGED.
THEY CAN, THEY'RE THEY'RE VERY CONCERNED ABOUT COMMUNITIES AND ABOUT PEOPLE.
BUT THEY CAN ONLY DO SO MUCH IN A SHORT PERIOD OF TIME.
I'M PROBABLY NOT GONNA, YOU CAN PULL THAT DOWN IF YOU NEED TO.
AND MR. SANDERS IS OUR HELPER.
SO I HAVE A FEW QUESTIONS, BUT I'M GONNA START OFF OF, AND THE FIRST ONE IS CONCERNING DIS DIS APPROPRIATION IMPACT ON BLACK AND UNDERSERVED COMMUNITIES, MANY HOA DISPUTES, INCLUDING ONE, UM, I'VE WITNESSED, UH, OCCUR IN PREDOMINANTLY BLACK OR SOCIOECONOMICALLY, UH, DISADVANTAGED COMMUNITIES.
WHY ARE THERE NO PROVISIONS IN 2 0 9 ACKNOWLEDGING AND ADDRESSING THE DESPERATE IMPACT THIS SYSTEM HAS ON PROTECTED CLASSES? AND THE OTHER QUESTION, SECOND PART OF THAT IS, IN YOUR OPINION IS 2 0 9 ENABLING, UH, MODERN AND SYSTEMIC FORM OF ECONOMIC AND HOUSING DISCRIMINATION.
YOU KNOW, UM, THE 2 0 9 IS MORE OF A BROAD STROKE WITH REGARD TO HOAS AND STUFF.
IT HAS NOT ADDRESSED THE SOCIO-ECONOMIC SITUATION.
AND I THINK YOU'VE GOT AGENCIES OUT THERE WHO DO HELP WITH THAT.
UM, I BELIEVE JUDGE ADAMS, THE AGENCY THAT YOU POINTED OUT WAS, UH, LONE STAR LEGAL.
AND THEN ALSO, LIKE THE HOUSTON BAR ASSOCIATION AND EVEN THE STATE BAR, UM, ALL OF THE, EVERY ATTORNEY IN THE STATE OF TEXAS HAS A TRUST FUND.
SO WHEN WE'RE HOLDING CLIENT MONEY OR SOMETHING, THERE'S INTEREST BEING MADE ON THAT TRUST FUND.
THAT INTEREST GOES TO THE STATE BAR ATTORNEYS ALSO.
EVERY YEAR WE HAVE TO PAY DUES AND WE ALSO CONTRIBUTE MONEY TOWARD THAT FUND.
AND THAT FUND IS USED BY THE STATE BAR TO HELP PEOPLE IN LEGAL SITUATIONS WHO CAN'T AFFORD AN ATTORNEY.
THEY USE THAT MONEY TO GET THEM ATTORNEYS SO YOU CAN REACH OUT TO THE STATE BAR BECAUSE
[00:50:01]
THEY HAVE, AND THEY HAVE MILLIONS OF DOLLARS THEY COLLECT FROM ATTORNEYS AND THAT AND, AND FROM TRUST FUNDS AND THE INTEREST ON THOSE TRUST FUNDS.AND SO IT'S TO BENEFIT PEOPLE WHO CANNOT AFFORD AN ATTORNEY, LOOK AT THEIR WEBSITE AND CHECK THAT OUT, CONTACT THEM ABOUT THAT.
AND, AND THEY CALL IT THE LEGAL JUSTICE FUND.
CAN YOU STATE YOUR NAME AND WHAT NEIGHBORHOOD YOU'RE FROM? WHEN YOU ASK A QUESTION, WILL YOU STATE YOUR NAME AND WHAT NEIGHBORHOOD YOU'RE FROM SO WE CAN FOLLOW UP AS WELL.
MY NAME IS TAMARA HUDGIN AND I'M FROM QUAIL BRIDGE, CIA.
AND, AND SO TAMARA, WHAT YOU CAN DO IS CHECK WITH THE HOUSTON BAR ASSOCIATION.
THEY OFFER, THEY, THEY HAVE, THEY BASICALLY HAVE, UM, ATTORNEYS WHO VOLUNTEER THEIR TIME.
AND SO THERE ARE AVENUES OUT THERE.
I DON'T THINK THE LEGISLATURE HAS EVEN ADDRESSED OR EVEN THOUGHT ABOUT, UH, PUTTING ANYTHING IN THE STATUTE WITH REGARD TO SOCIOECONOMIC.
AND, AND IT WASN'T PASSED ON THE BASIS OF ANYBODY BEING HARMED BY IT.
IT WAS JUST TRYING TO COME UP WITH LEGISLATION TO GOVERN HOMEOWNER ASSOCIATIONS.
BECAUSE BEFORE 2 0 9 AND 2 0 4, WE DIDN'T HAVE ANYTHING.
IT WAS JUST LIKE THE WILD WEST WITH IT.
UM, AND SO THIS WAS DONE TO TRY TO GOVERN AND GIVE PEOPLE SOME IDEA OF HERE'S HOW YOU RUN THESE HOAS.
SO I HAVE ANOTHER QUESTION AND I'M HOPING I PHRASE IT CORRECTLY.
SO I HAVE LIVE IN A COMMUNITY THAT'S OF 427 PROPERTIES, WHICH IS RELATIVELY SMALL.
I KNOW IN PROPERTY CODE 2 0 9, IT STATES THAT ALL HOMEOWNERS DO NOT HAVE TO RESIDE IN THE COMMUNITY.
BUT FOR OUR COMMUNITY, IT HAS CREATED A GREAT PROBLEM BECAUSE MAJORITY OF COMMUNITY ARE OWNED BY INVESTORS WHO ARE TAKING THE OPPORTUNITY AND TAKING ADVANTAGE OF THEIR SITUATION AND PUTTING THEMSELVES ON THE BOARD AND KEEPING THEIRSELVES ON THE BOARD FOR YEARS.
AND THEN PICKING WHO THEY WANT TO SIT NEXT TO THEM IN ORDER FOR THEM TO GET THE RESULTS THEY WANT.
AND WHEN THESE LAWS ARE BEING MADE, I UNDERSTAND THAT THEY'RE BEING MADE TO HELP THE HOMEOWNERS, BUT THE HOMEOWNERS NEED TO TALK TO ARE THE ONES WHO WILL GET IN THE LOOPHOLES.
THE ONES WHO THEY'RE SAYING, WELL, I DON'T HAVE TO LIVE THERE.
WE HAVE, YOU HAVE A BOARD OF FIVE, BUT THREE OF 'EM ARE INVESTORS AND THEN TWO OF THEM ARE FAMILY MEMBERS.
WELL, WE CAN BE ON THE BOARD TOGETHER BECAUSE WE DON'T LIVE IN THE SAME HOUSE
BUT WE ARE, BUT WE'RE, WE ARE.
AND THEY'RE USING OUR MONEY AGAINST US WHEN WE ARE STANDING UP TO THEM IN REGARDS TO THE THINGS THAT THEY'RE DOING TO US IN OUR COMMUNITIES.
SO WHO DO WE NEED TO GET WITH, UH, TO TRY TO GET SOME OF THIS PLACED IN FRONT OF THE NEXT LEGISLATURE? BECAUSE WE DROWN IN OUR COMMUNITY AND WE HAVE COMMUNITIES THAT ARE MADE UP.
I, I LIVE IN OLDER COMMUNITY AS WELL.
IT'S PROBABLY 10 PEOPLE AND I'M NOT YOUNG
AND THEY ARE JUST RAILROADING THEM ALL OVER THE PLACE.
AND THAT'S WHERE YOU NEED TO REACH OUT TO REP, LIKE REPRESENTATIVE RENTALS TO WHERE LET THEM KNOW THE ONLY WAY THAT THEY KNOW WHAT IS GOING ON IN THESE COMMUNITIES, WHAT'S GOING ON IN THE HOAS.
IF IF Y'ALL REACH OUT, EMAIL 'EM, TALK TO THEIR PEOPLE, THEY'RE GONNA HAVE ASSISTANCE WHO ARE IN CHARGE OF LEGISLATION AND EVERYTHING ELSE, TALK TO THEM.
AND THEN THEY WILL REACH OUT TO ATTORNEYS WHO REPRESENT AND ARE FAMILIAR WITH THIS.
AND WE HELP 'EM DRAFT THE LEGISLATION.
BUT IT MAY NOT GO THROUGH FOR YEARS AND YEARS AND YEARS.
EVENTUALLY IT MAY, AND IT MAY BE WATERED DOWN A LITTLE BIT, MAYBE STRONGER.
THAT'S THE ONLY WAY THAT THEY FIND OUT WHAT THE PROBLEMS ARE IS THEY'VE GOT TO HEAR FROM THE PEOPLE.
THEY GOTTA HEAR FROM THE GRASSROOTS.
I'M, UH, THE PRESIDENT FOR ALAMEDA PLAZA CITY CLUB.
AND THIS IS MORE OF AN ADVISORY TYPE SITUATION FOR YOU TO US YES, MA'AM.
UH, WE'RE AN OLD NEIGHBORHOOD FROM 1954.
WE ARE TALKING ABOUT THE WORD SERVANT DWELLINGS IS IN OUR OLD DEED RESTRICTIONS.
SO, UH, YEAH, IT'S IT'S PRETTY OLD.
THE THING ABOUT IT IS, IS THAT TWO IS THAT WE HAVE AN ELDERLY POPULATION IN OUR NEIGHBORHOOD AS WELL.
SO THE THING IS, IS THAT IT'S NOTHING FROM 1954 THAT FITS ANYTHING.
HARDLY ANYTHING THAT WE DO RIGHT NOW, NUMBER ONE.
NUMBER TWO, WE, WE CAN'T EVEN FIND OUR BYLAWS.
SO IS IT A WAY, WOULD OUR BYLAWS HAVE BEEN, UM, PLACED WITH OUR DEED RESTRICTIONS WHEN WE, UH, FILED THEM WITH THE COUNTY CLERK? OR I MEAN, ADVICE ON THAT? PROBABLY NOT.
'CAUSE THERE'S A LOT OF THINGS THAT WE NEED TO DO WITHIN OUR BYLAWS
[00:55:01]
TO SAY, FOR INSTANCE, RAISE OUR CIVIC CLUB DUES FROM $25 FROM 1954AND THAT'S WHY WE ARE KIND OF CASH POOR, WHEREAS MARTHA YEAH.
UH, SO, UH, TO WHAT WE COULD DO RIGHT NOW TODAY, UH, AS WELL AS SOME OTHER DIFFERENT THINGS SUCH AS, YOU KNOW, JUST INFRASTRUCTURE OF, OF THE BOARD OR THE OPERATIONS.
WE, UH, IT'S ALMOST LIKE SUPER NEIGHBORHOOD NUMBER 40.
WE, WE IMPLODE, WE NEED TO START BACK FROM SCRATCH AND DO SOME THINGS.
SO, UM, ANY OF, ANY ADVICE ABOUT ANY OF THAT? YES MA'AM.
AND IT'S A, IT'S GONNA BE A LONG, HARD JOB TO DO, RIGHT? YES.
WHAT WE, WHAT WHAT YOU WOULD FIRST AND FOREMOST NEED TO DO IS, UNFORTUNATELY YOUR BYLAWS WERE NOT FILED YEARS AGO WITH THE DEED RESTRICTIONS.
THE, THAT'S PART OF 2 0 9 REQUIRING THAT EVERYTHING BE FILED IN THE PROPERTY RECORDS.
SO THE BYLAWS, ARTICLE, ARTICLES OF INCORPORATION, ALL THAT HAS TO BE FILED NOW, WHICH IS GREAT 'CAUSE THEN WE CAN FIND IT.
HOWEVER, PRIOR TO 2 0 9, WE DON'T KNOW WHERE HALF OF IT IS.
AND, AND THAT'S HAPPENED, THAT'S WHY 2 0 9 CAME ABOUT IS BECAUSE TOO MUCH OF IT WAS SITTING IN SOMEBODY'S GARAGE AND THEY MOVED AND THREW IT AWAY.
SO, UM, WHAT Y'ALL ARE NEED TO DO IS YOU'RE GONNA NEED TO AMEND YOUR RESTRICTIONS AND, AND TO INCREASE THAT $25.
HOWEVER, BECAUSE YOU HAVE A NEIGHBORHOOD OF ELDERLY PEOPLE, WE NEED TO MAKE SURE THEY UNDERSTAND WE'RE NOT TRYING TO TAKE THEIR HOMES.
AND I KNOW, AND I UNDERSTAND THAT FEAR, AND SO WE'VE GOTTA SHOW THEM WE NEED THIS MONEY TO TRY TO KEEP THE PROPERTY VALUES UP, BUT WE GOTTA KEEP IT WITHIN REASON BECAUSE SO MANY OF THEM ARE ON FIXED INCOME AND I UNDERSTAND THEIR FEAR.
AND SO YOU'RE GONNA NEED TO, I, I WOULD RECOMMEND YOU HAVE MEETINGS OF THE HOMEOWNERS AS MUCH AS YOU POSSIBLY CAN EVEN DO IT BY ZOOM.
THAT MAKES IT EASIER FOR ELDERLY PEOPLE TO ATTEND.
THEY DON'T HAVE TO GET OUT, BUT THEY CAN DO IT AT HOME.
UM, AND IF THEY DON'T KNOW HOW TO DO IT, TELL THEM TO HAVE ONE OF THEIR KIDS COME OVER AND PUT 'EM ON ZOOM MM-HMM
AND THAT WAY YOU CAN TELL EVERYBODY, THIS IS WHAT WE'RE TRYING TO DO.
YOU CAN HAVE IT, YOU KNOW, START OUT AT A LITTLE BIT HIGHER, MAYBE $50 A YEAR, GO UP TO $75 A YEAR, JUST SLOW INCREASE MM-HMM
SO THAT THEY DON'T GET A FEAR OF LOSING THEIR HOMES.
WITH REGARD TO THE BYLAWS, YES, YOU CAN ADOPT NEW BYLAWS AND THOSE ARE MAINLY USED TO TELL YOU HOW TO RUN THAT CORPORATION.
IN THE MEANTIME, YOU HAVE THE TEXAS NONPROFIT CORPORATION ACT, WHICH WILL TELL YOU WHAT TO DO WITH REGARD TO ELECTIONS, HOW TO ELECT BOARD MEMBERS AND EVERYTHING ELSE.
AND THAT'S IN THE TEXAS BUSINESS ORGANIZATION CODE.
IF YOU GO TO THE TEXAS SECRETARY OF STATE AND CLICK THAT BUTTON THAT SAYS BUSINESS FORMS AND SHE'LL, YOU'LL SEE YOU GO DOWN THE LIST AND IT'LL SAY BUSINESS LAWS PUNCH THAT AND GO TO NONPROFIT CORPORATIONS AND GO ON THAT.
AND IT'S GONNA BE UNDER SECTION 22 OF THAT TEXAS BUSINESS ORGANIZATION CODE THAT DEALS WITH NONPROFIT CORPORATIONS.
SO THAT'LL GIVE YOU SOME GUIDANCE.
I LIVE IN BRADBURN VALLEY AND I'M JUST A HOMEOWNER.
I HAVE BEEN ON THE BOARD, UM, PREVIOUSLY AND MY FIRST QUESTION IS, I JUST WANNA VERIFY THAT HOUSE BILL SIX 14 EFFECTIVE, UM, JANUARY 1ST IS A LAW NOW, AND WHICH ONE IS THAT, MA'AM? OKAY.
HOUSE BILL SIX 14, WHICH REQUIRES HOAS TO PROVIDE HOMEOWNERS WITH A CATALOG OF PROHIBITED FI ITEMS, A FINE SCHEDULE AND DETAILS ABOUT HEARING.
THEY HAVE TO PRO, IF A HOA HAS THE RIGHT TO FIND PEOPLE, THEN WHAT THEY'VE GOTTA DO IS THEY HAVE TO HAVE ADOPTED A FINE POLICY.
AND THAT FINE POLICY HAS TO BE, HAS TO BASICALLY SAY, OKAY, IF YOU HAVEN'T, LET'S SAY MOVED YOUR TRASH CANS IN AFTER WE GIVE YOU NOTICE AND YOU HAVE TO DESCRIBE WHAT YOU'RE GONNA DO, THEN WE CAN FIND YOU $10 OR $50, WHATEVER.
SO THAT FINE POLICY HAS TO BE ADOPTED AND FILED IN THE REAL PROPERTY RECORDS? YES, MA'AM.
THAT WENT INTO EFFECT THE LAST LEGISLATIVE SESSION.
SO, UM, WE HAVE ISSUES WITH OUR HOMEOWNERS ASSOCI WITH THE BOARD.
I HAVE BEEN ATTENDING RECENTLY AND RECENTLY, I HAVE ACTUALLY, LAST MONTH I WENT TO THE BOARD AND I GAVE THEM DOCUMENTS AND SAID,
[01:00:01]
I AM EXTREMELY CONCERNED THAT THE HOME VALUES IN BRAVEN VALLEY ARE DETERIORATING.IT WAS MY UNDERSTANDING, THE REASON TO HAVE DEED RESTRICTIONS IS THAT YOU WANNA MAINTAIN YOUR PROPERTY.
AND I AM BEING TOLD BY THE, ESPECIALLY BY THE PRESIDENT IN OUR MANAGEMENT COMPANY, OH, IT TAKES MONTHS, YEARS TO RESOLVE ISSUES.
WE HAVE GRASS THAT IS UP TO HERE.
I ACTUALLY SENT AN EMAIL TO THEM WITH, WITH PICTURES MY CONCERNS, AND THEY'RE, THEY SAY, OH, THERE'S NOTHING WE CAN DO ABOUT THIS.
WELL, THERE WE ALSO HAVE A HOME THAT I KNOW HAS BEEN, 'CAUSE I WAS ON THE BOARD PREVIOUSLY, I KNOW THAT IT WAS, THERE'S QUESTIONS ABOUT IF THE MAN, IF THE OWNER DIED OR NOT.
AND I KNOW THAT THERE'S SOMEONE LIVING IN THAT HOUSE BECAUSE I HAVE DRIVEN BY THE HOUSE TWICE AND I HAVE TAKEN PHOTOS BECAUSE IT'S, IT'S, THE FENCE IS DOWN.
THE GRASS IS NOT MOWED AND I DON'T UNDERSTAND WHY WE'RE NOT HAVE YOU CHECKED, YOU KNOW, YOU CAN GO ON THE HARRIS COUNTY DISTRICT CLERK'S WEBSITE AND YOU CAN PUT IN NAMES AND YOU CAN SEE, LIKE YOU COULD PUT IN BRADBURN VALLEY AND IT'LL PULL UP ALL THE CASES THAT IT'S INVOLVED IN.
IF LAWSUITS HAVE BEEN FILED, THEN YOU CAN CLICK ON EACH ONE AND LOOK AT THEM.
SO WHERE DO I GO? YOU GO, YOU GO TO HARRIS COUNTY DISTRICT CLERK, AND THEN YOU CAN GO TO THE CIVIL SECTION AND YOU CAN PUT IN THE NAME OF YOUR ASSOCIATION AND IT SHOULD PULL UP ALL THE CASES OKAY.
THAT BRADBURN VALLEY'S INVOLVED IN.
AND IF THEY'RE ACTIVE, IT'LL PULL 'EM UP AND THEN YOU CAN CLICK, IF YOU GO TO THAT CASE, CLICK ON THE IMAGES, WHICH WILL BE THROUGH THE FUR FARTHEST RIGHT ON THE SCREEN, AND IT WILL PULL UP EVERY DOCUMENT THAT'S BEEN FILED.
SO I'LL BE ABLE TO TELL IF THEY'RE DOING ANYTHING.
AND YOU'LL BE ABLE TO READ THE PETITION, GO TO THE ORIGINAL PETITION AND YOU READ, AND THAT WILL TELL YOU WHAT THEY'RE SUING THAT PERSON FOR.
AND I ALSO, AND, AND YOU CAN ALSO, THERE'LL BE A DOCKET CONTROL ORDER.
I'M ALSO TOLD THAT, UM, THAT OUR HOA DOES NOT NEED TO DISCLOSE THE POLICY ABOUT CATEGORIES OF VIOLATIONS, FINES, AND PROCESS.
FOR HERE, I'VE ASKED FOR THAT.
IF IT, IF IT'S FINE, IT NEEDS TO COMPLY WITH THE PROPERTY CODE.
AND NOW WITH REGARD TO THE MOWING, WHAT YOU NEED TO LOOK IN YOUR DOCUMENTS AND SEE IF THEY HAVE THE RIGHT TO WHAT WE CALL FORCE MOW.
SO THANK YOU FOR BRINGING THAT UP.
I HAVE LOOKED AT THE, UM, DOCUMENTATION AND THE FIRST TIME THAT A PERSON EVEN GETS A MOWING ISSUE, IT SAYS, FORCE MOW AND THAT YOU HAVE 10 DAYS TO RESOLVE THIS.
BUT THAT'S, AND THAT'S, THEY SAY, OH NO, IT TAKES YEARS TO DO THIS.
WELL, IF THEY HAVE THE RIGHT TO FORCE MO, THEN IT, IT SHOULD ALSO HAVE LANGUAGE IN THERE THAT SAYS, IF YOU DON'T, THE ASSOCIATION CAN GO ON THERE, CAN CHARGE IT BACK.
AND THEY'RE NOT SUBJECT TO CRIMINAL TRESPASS.
SO A LOT OF ASSOCIATIONS WILL TO KEEP THE NEIGHBORHOOD LOOKING GOOD, THEY'LL FORCE MOW AND CHARGE IT BACK TO THE PERSON.
BUT THEY'RE NOT DOING THE FORCE.
WELL, YOU MAY NEED TO GET BACK ON THE BOARD.
NO, BECAUSE LET ME TELL YOU WHAT HAPPENED.
WE HAD IN THE GENERAL MEETING FOR ALL HOMEOWNERS, UM, OUR, OUR MANAGEMENT COMPANY AND OUR PRESIDENT DECIDED THAT THEY WOULD DO AWAY WITH RECYCLING IN A, WITH NO COMMUNICATION TO US AS HOMELESS.
SO I STARTED JUST LIKE HERE, I STARTED RAISING MY HAND AND ASKING QUESTIONS.
I ASKED ABOUT TWO OR THREE QUESTIONS AND THE PRESIDENT SAID TO ME, YOU'LL NEED TO LEAVE.
THERE WERE BOOZE FROM THE AUDIENCE, THANK GOODNESS.
I CONTINUED TO ASK MY QUESTIONS.
WELL IN THE AS YOU SHOULD KEEP, KEEP BEING VOCAL.
OTIS GRANDVILLE, GREEN VALLEY STATE'S, UH, COMMUNITY IMPROVEMENT ASSOCIATION.
MY QUESTION IS IN REGARDS TO PEOPLE WHO HAVE BOATS AND TRAILERS SITTING IN THEIR DRIVEWAYS, JUST LIKE WE DO, DO FORCE MORE IF, IF YOU DON'T CUT YOUR GRASS IN THAT SAME VEIN, ARE WE ABLE TO SEND A TOW TRUCK AFTER WE SEND MULTIPLE NOTICES OUT TO THESE HOMEOWNERS AND TOW THOSE TRAILERS AND ABANDONED THE VEHICLES OUT THE DRIVEWAY? IT WOULD HAVE TO OTIS, IT'S GONNA HAVE TO STATE IN THERE THAT YOU WOULD HAVE THE RIGHT TO, AND THAT'S A LOT MORE DANGEROUS THAN FORCE MODE BECAUSE THAT BOAT WILL BECOME AS EXPENSIVE AS A YACHT.
'CAUSE THEY WILL, THEY'LL, THEY CAN TURN AROUND AND SUE US FOR CONVERSION AND EVERYTHING ELSE.
[01:05:01]
GONNA SAY THAT, HEY, YOU KNOW, WE LEFT OUR ROLEX WATCH ON THAT BOAT AND IT'S GONE.AND THE SAME WITH THE VEHICLE.
IT HAD A PICASSO IN THE BACKSEAT AND NOW IT'S GONE.
IT'S GONNA NEED TO BE VERY SPECIFIC.
'CAUSE YOU'RE GOING ON SOMEBODY'S PROPERTY AND YOU'RE PULLING THAT VEHICLE AWAY.
USUALLY IN THOSE SITUATIONS, WE GET IT TO WHERE A JUDGE IS ORDERING THEM TO GET RID OF THAT.
AND IF THEY DON'T GET RID OF IT, THEN THEY CAN GO TO JAIL FOR SIX MONTHS MINUS ONE DAY.
SO I FEEL MORE COMFORTABLE GETTING A JUDGE AND THEY'RE ORDERS ORDERING THEM TO DO THAT THAN LETTING MY CLIENTS GO ON THERE AND DRAG AWAY A VEHICLE OR A BOAT.
'CAUSE WE'RE, WE'RE GONNA BE SUED.
AND IT'S GONNA BE AN EXPENSIVE VEHICLE OR BOAT.
LYNN KORN WESTRIDGE CIVIC ASSOCIATION.
THANKS SO MUCH FOR BEING HERE.
UH, ONE IS, IS IT JUST HOAS THAT HAVE TO FILE A MANAGEMENT CERTIFICATE WITH COUNTY CLERK? OR DO CIVIC ASSOCIATIONS ALSO HAVE TO DO THAT? WELL, THE, THE, THE SITUATION IS, IS USUALLY CIVIC ASSOCIATIONS DO NOT HAVE TO BECAUSE THEY DON'T FIT THE REQUIREMENTS UNDER THE STATUTE.
BUT I WOULD DO IT, I WOULD FILE ONE.
IT MAKES IT A LOT EASIER FOR THE PEOPLE IN YOUR NEIGHBORHOOD WHO ARE SELLING THEIR PROPERTY.
UM, 'CAUSE THEN A REALTOR TITLE COMPANY, ANYBODY CAN GO TO THAT MANAGEMENT CERTIFICATE.
AND IF THEY NEED TO CONTACT YOU, LIKE LET'S SAY Y'ALL HAVE ASSESSMENTS THAT YOU COLLECT, IF THEY NEED TO CONTACT TO FIND OUT HOW MUCH, WHAT'S OWED WITH REGARD TO ASSESSMENTS, THEY'VE GOT THE CONTACT INFORMATION.
SO I RECOMMEND EVEN FOR THE CIVIC CLUBS, I I REPRESENT DO IT.
IT'S JUST EASIER ON EVERYBODY.
AND SECOND QUESTION IS, WHAT'S THE PROCESS FOR BECOMING AN HOA IF YOU'RE A CIVIC CLUB, WHAT, WHAT YOU WOULD NEED TO DO IS, ARE Y'ALL INCORPORATED? UM, SO WE LOST OUR NONPROFIT STATUS, UM, LIKE MANY YEARS AGO WHEN THERE WAS THREE YEARS OF THEM NOT FILING TAXES.
AND WHAT, WHAT YOU, WHAT WHAT YOU WOULD WANNA DO IS WE WOULD NEED TO, UM, AMEND THE RESTRICTIONS.
AND SO THAT YOUR RESTRICTIONS GET A NAME FOR YOUR HOA INCORPORATE UNDER THAT NAME.
THEN GET YOUR RESTRICTIONS AMENDED.
SO YOUR RESTRICTIONS SPECIFICALLY REFER TO YOUR HOMEOWNER ASSOCIATION.
THAT WOULD GIVE YOUR HOMEOWNER ASSOCIATION THE RIGHT TO ENFORCE YOUR RESTRICTIONS.
IF YOU HAVE ASSESSMENTS THAT YOU COLLECT FROM PEOPLE, THEY CAN, YOUR HOA CAN COLLECT THE ASSESSMENTS.
SO IF YOU WANT 2 0 9 TO APPLY TO YOU, OR 2 0 4, YOU'RE GONNA NEED YOUR RESTRICTIONS TO REFER TO YOUR HOMEOWNER ASSOCIATION.
AND YOU CAN BE CALLED A CIVIC CLUB.
YOU CAN BE CALLED A PROPERTY OWNERS ASSOCIATION.
BUT YOU NEED TO BE INCORPORATED AS A NONPROFIT CORPORATION AND REFERRED TO IN YOUR RESTRICTIONS.
SO, UM, YOU CAN'T START A NEW NONPROFIT.
YOU HAVE TO REINSTATE YOUR OLD NONPROFIT.
IS THAT STILL CORRECT? YOU, YOU CAN REINSTATE IT IF YOU ARE CREATING A WHOLE NEW ASSOCIATION, THEN LET, LET'S SAY YOU'VE LOST YOUR NAME COMPLETELY.
LET'S SAY, LET'S SAY YOU GO BACK TO THE SECRETARY OF STATE AND THEY SAY, NO, YOU'VE LOST THAT NAME.
YOU CAN REINSTATE THAT WHAT YOUR OLD ONE YOU LOST AND THEN AMEND YOUR RESTRICTIONS.
SO YOUR RESTRICTIONS REFER TO IT.
DO YOUR RESTRICTIONS CURRENTLY REFER TO YOUR CIVIC CLUB? YES.
AS A CORPORATION, AS A NONPROFIT CORPORATION.
WELL, IT'S NOT, IT'S, IT'S NOT ACTUALLY LISTED AS THAT AT ALL.
HAVE Y'ALL LOOKED INTO REINSTATING IT? YES.
LIKE ATTORNEY FEES AND IT'S A BIG WHOLE THING.
AND AND MOST LIKELY YOU'RE GONNA HAVE TO PAY A LITTLE FEE, NOT BAD WITH THE SECRETARY OF STATE BECAUSE IT'S A NONPROFIT CORPORATION, BUT IT'S WITH THE FEDERAL GOVERNMENT THAT ALL THIS IS THE, THE MESS HAS TO BE CLEANED UP.
THAT'S A LITTLE BIT DIFFERENT WITH THEM.
SO YOU'RE SAYING CREATE A WHOLE NOTHER ENTITY THAT'S AN HOA, BUT, AND THEN JUST REFER TO THE, BUT YOU WOULD NEED TO AMEND YOUR RESTRICTIONS TO REFER TO THAT NEW ENTITY.
SO THEY NEED, THEY'RE GONNA NEED TO MESH.
SO WE CREATE THIS NEW ENTITY, THAT'S THE ENTITY WE WORK OFF OF THE RESTRICTIONS REFER TO THAT ENTITY.
AND THE ENTITY REFERS TO THE, THE OTHER, OTHER ENTITY BASICALLY.
BUT WE CAN CREATE A WHOLE NOTHER THING WITH NEW NONPROFIT STATUS.
[01:10:01]
BUT YOU'RE GONNA, AND, AND AS LONG AS YOU, YOU CREATE A WHOLE NOTHER, YOU CAN CREATE A WHOLE NOTHER CORPORATION AND THEN THAT NEEDS TO BE REFERRED TO IN YOUR RESTRICTIONS.SO OTHERWISE IT'S JUST SITTING OUT THERE.
AND IT DOESN'T HAVE ANY AUTHORITY UNLESS THE PEOPLE ASSIGN THEIR CAUSES OF ACTION TO IT.
IT'S POSSIBLE TO DO, CREATE A NEW THING, REFER TO IT IN THE CURRENT DEED RESTRICTIONS, THAT, THAT'S LIKE THE NEW MANAGING THING.
AND THEN WE CAN APPLY FOR NEW NONPROFIT FOR THAT NEW THING.
YOU WOULD, YOU WOULD FILE YOUR ARTICLES OF, WELL NOW CERTIFICATE OF FORMATION.
IT'S, SO THAT'S ALL YOU HAVE TO DO.
AND YOU'RE, THAT'S ALL YOU HAVE TO DO.
YOU GET A NEW NAME, Y'ALL CHOOSE THE NAME, FILE A CERTIFICATE OF FORMATION WITH THE SECRETARY OF STATE, GET A NONPROFIT CORPORATION, AMEND YOUR RESTRICTIONS.
SO YOUR RESTRICTIONS REFER TO THAT NEW NONPROFIT CORPORATION.
SO YOU DON'T HAVE TO WORRY ABOUT THE ONE THAT'S LOST THE STATUS.
YOU, YOU'VE JUST LET, YOU'VE LET IT GO.
'CAUSE YOU'VE AMENDED YOUR RESTRICTIONS AND EVERYBODY'S APPROVED OF THE AMENDMENT CHANGING THE NAME OF THE CORPORATION.
DID YOU GUYS DO THAT? YES, MA'AM.
UM, I DON'T ACTUALLY HAVE A QUESTION, BUT I'M A STAFF ATTORNEY AT LONE STAR LEGAL AID, AND I WISH I COULD FIGURE OUT HOW TO MAKE THIS TALLER.
LEON WILL HAVE YOUR CHECK READY FOR YOU LATER.
UM, I JUST WANTED TO SAY REALLY QUICKLY THAT, UM, IN TERMS OF YOUR DEED RESTRICTIONS, IF YOU, I THINK THERE WAS A QUESTION ABOUT THIS EARLIER.
IF YOU SEE LANGUAGE IN YOUR DEED RESTRICTION THAT IS A, UH, RACIALLY RESTRICTIVE COVENANT.
SO SOMETHING I THINK THE, THE QUESTION NOT NOT ENFORCEABLE.
UM, BUT IF YOU SEE ANYTHING THAT SAYS, UM, THE PROPERTY CAN'T BE LEASED OR SOLD TO, UM, SOMEONE BASED ON RACE, THAT PROVISION IS ACTUALLY REMOVABLE.
THERE'S A STREAMLINED PROCESS NOW THAT LETS YOU DO IT FOR FREE.
IT'S SOMETHING THAT MY OFFICE WORKS ON.
UM, IT'S SOMETHING YOU CAN DO YOURSELF AS WELL.
UM, I HAVE A LITTLE HANDOUT THAT I PUT ON THE RESOURCE TABLE IN THE BACK.
IF ANYONE IS INTERESTED IN MORE INFO, UM, PLEASE CONTACT US BECAUSE IT'S SOMETHING WE CAN HELP YOU WITH.
UM, LIKE YOU SAID, IT'S NOT ENFORCEABLE, BUT IT IS A REALLY UGLY THING TO READ IN YOUR DEED RESTRICTIONS.
SO THE REMOVAL PROCESS JUST PUTS A BLACK BOX OVER THAT AND IT'S NOT THERE ANYMORE.
SO IF THAT'S SOMETHING Y'ALL ARE INTERESTED IN OR WANNA LEARN MORE ABOUT, PLEASE LET ME KNOW.
UM, I'LL PUT MY CARD ON THE TABLE AS WELL.
ALSO, GENERALLY, UM, WE DO HELP A LOT OF GROUPS, UM, WITH THEIR BYLAWS, THEIR REINSTATEMENT, THAT KIND OF THING.
SO IF YOU CAN'T AFFORD LEGAL REPRESENTATION, UM, PLEASE CONTACT OUR OFFICE AND WE CAN POTENTIALLY HELP Y'ALL.
SO WHAT WAS IT, WHAT WAS YOUR ORGANIZATION AGAIN, MA'AM? I WORK WITH LONE STAR LEGAL AID.
THIS LADY WORKS WITH LONE STAR LEGAL.
SO SHE CAN SHE CAN HELP Y'ALL GIVE Y'ALL MORE INFORMATION.
UH, MY NAME IS KEITH TAYLOR AND I'M THE PRESIDENT OF THE HARM CLARK CIVIC CLUB.
AND MY QUESTION TO YOU IS, UH, WE HAVE AN ISSUE, UM, WITH REGARD TO OUR NEIGHBORS AND THEIR, UH, CONTRIBUTIONS FOR OUR ANNUAL DUES.
THE DUES ARE ONLY $50 A YEAR, BUT UNFORTUNATELY WE'RE ONLY GETTING ABOUT 35%.
UM, PARTICIPATION, YOU KNOW, THE OTHER 65% ARE WHAT I REFER TO AS FREELOADERS.
UM, ARE THERE ANY KIND OF, UH, POLICIES YOU WOULD RECOMMEND FOR US TO BE ABLE TO, TO STRENGTHEN OUR HANDS SO WE CAN GET MORE PEOPLE CONTRIBUTING? ARE, ARE THEY MANDATORY DUES? THEY'RE VOLUNTARY DUES.
SEE, THESE, THESE, UH, DEED RESTRICTIONS WERE PUT BACK IN PLACE WAY BACK IN 1965 I THINK IT WAS.
SO THEY'RE REALLY OLD BECAUSE IT'S, IT'S, YOU KNOW, THE NEIGHBORHOOD WAS, UH, A NEW, UH, MIDDLE CLASS NEIGHBORHOOD, UH, PRIMARILY AFRICAN AMERICAN DURING THAT TIME.
BUT THE, THE, THE CIVIC CLUB DOES A LOT OF IMPORTANT WORK IN TERMS OF PROTECTION OF THE COMMUNITY.
BUT NOW WE HAVE A LOT OF RENTERS, UH, AND THE HOMEOWNERS WHO ARE RENTING THOSE PROPERTIES ARE NOT PAYING THEIR, THEIR ANNUAL DUES.
UM, IS THERE ANY WAY Y'ALL COULD AMEND YOUR RESTRICTIONS? WE POSSIBLY COULD, BUT HERE'S THE PROBLEM.
WE HAVE TO HAVE AT LEAST 51% RIGHT.
OR MORE TO MAKE THOSE KINDS OF, OF AMENDMENTS.
[01:15:01]
WE HAVE A LOT OF, I HATE TO USE THIS TERM TRIFLING, BUT WE HAVE A LOT OF TRIFLING NEIGHBORS WHO DON'T EVEN WANT TO PAY THE $50 A YEAR FOR THE BETTERMENT OF THE COMMUNITY.I WAS JUST WONDERING IF YOU HAD ANY IDEAS.
YEAH, UNFORTUNATELY, IT'S, WE GOTTA AMEND YOUR RESTRICTIONS AND MAKE IT MANDATORY.
THAT'S, THAT'S, IF WE COULD DO THAT, THEN YES.
THEN YOU COULD HAVE SOMETHING YOU COULD ENFORCE AND, AND USE AGAINST THEM.
BUT YEAH, I, I, A LOT OF, A LOT OF ASSOCIATIONS ARE IN THE SAME POSITION AS YOU.
HI, HOW ARE YOU DOING? OH, I'M PRETTY GOOD.
HEY, I'M, UH, WILLIE RAINWATER AND I'M THE PRESIDENT OF QUAIL RUN, HOA AND ALSO THE SUPER NEIGHBORHOOD 41 PRESIDENT TOO.
UM, MY QUESTION TO YOU IS WHAT YOU WERE JUST SAYING TO THAT GENTLEMAN ABOUT AMENDING THE BYLAWS AND STUFF, IS IT POSSIBLE THAT 2 0 9 OR THAT SOME TYPE OF LEGISLATION CAN BE DEVELOPED WHERE IT'S EASIER FOR AN HOA OR TO AMEND THEIR BYLAWS AND STUFF? BECAUSE, UH, WHEN IT TAKES 51%, WHEN IT TAKES A CERTAIN PERCENTAGE, THAT'S ALMOST A HEEL THAT A PERSON CANNOT CLIMB.
WHEN COMMUNITIES BUILT IN THE SIXTIES, FIFTIES, SEVENTIES, EIGHTIES, NOW YOU'RE IN 2025, YOU'RE EXPECTING THOSE COMMUNITIES TO, TO TAKE CARE OF THE RESIDENTS TO KEEP A CERTAIN PROPERTY VALUE.
BUT YET WE'RE, OUR HANDS ARE TIED AS FAR AS TRYING TO, UM, MAKE INVESTORS AND THINGS LIKE COMMUNITIES HAVE CHANGED.
OUR COMMUNITIES AREN'T THE SAME AS THEY WERE IN THE SIXTIES.
YOU KNOW, NOW YOU'VE ALLOWED, AND WHEN I SAY YOU, I MEAN THIS STATE, THE STATE ALLOWS, UH, COMMUNITIES TO BE TURNED INTO BUSINESSES BECAUSE YOU GOT AIRBNBS, YOU DIDN'T HAVE THAT IN THE SIXTIES.
RIGHT? YOU GOT HALFWAY HOUSES.
NOT THAT IN THE SIXTIES, YOU GOT ALL THESE THINGS THAT YOU'VE BROUGHT TO US LEGISLATIVELY.
YOU GUYS HAVE MADE THE LAWS, THE CITY ORDINANCES AND STUFF, BUT YET YOU DON'T ADJUST YOUR ORDINANCES OR LAWS TO MAKE IT ANY SIMPLER FOR THESE PEOPLE TO, UH, YOU KNOW, MAKE THE PEOPLE THAT'S MAKING MONEY OFF OF THEM TO TAKE CARE OF TAKE, TO TAKE CARE OF THE NEIGHBORHOOD.
BECAUSE YOU GOTTA AIRBNB RIGHT NEXT TO YOU.
YOU CAN'T EVEN CONTROL WHAT THAT PERSON DOES.
I MEAN, IF, IF, IF THE CITY HAD AN ORDINANCE THAT SAYS YOU CAN ONLY HAVE RENTALS FOR LET'S SAY 30 DAYS OR MORE, WELL THEN THAT WOULD ELIMINATE SOME AIRBNBS.
HOWEVER, GETTING A CITY TO DO AN ORDINANCE LIKE THAT IS ANOTHER PROBLEM.
BECAUSE THE BIGGER PROBLEM WITH LAWS AND THINGS, LIKE, I HEARD YOU GUYS TALKING WITH STATE REPRENS.
LOOK, THE THING, AND THIS JUST TO ALL OF YOU HERE, THE THING ABOUT LAWS AND THINGS OF THAT NATURE, THE REASON THAT YOU'RE NOT EVER GONNA GET THINGS LIKE THAT DONE, BECAUSE SEE, YOU HAVE LOBBYISTS, YOU HAVE PEOPLE THAT'S MAKING MONEY, THANK YOU.
AND THOSE PEOPLE THAT ARE MAKING THAT MONEY, THEY'RE NOT GOING TO VOTE TO LET YOU DO NOTHING.
AND PEOPLE GOING TO TELL YOU THAT, HEY, YOU KNOW WHAT, UH, WE GONNA FIGHT FOR YOU.
WE'RE GONNA TRY, WE'RE GONNA TRY, WE'RE GONNA TRY.
BUT YOU CAN TRY ALL YOU WANT TO.
BUT I'M TELLING YOU, MONEY TALKS AND THE MONEY, WHEN YOU HAVE THESE LOBBYISTS, WHY DO YOU THINK THEY HAVE LOBBYISTS? THE LOBBYISTS CONTROLS A LOT OF THE THINGS THAT GO ON, AND THAT'S JUST THE WAY LIFE IS.
I WISH IT WEREN'T THAT WAY, BUT IT IS.
AND WE JUST GOTTA BE FOR REAL ABOUT IT.
SO WHAT I TRY TO DO IN MY COMMUNITIES AND STUFF IS THAT WHAT WE TRY TO DO IS WE TRY TO, UM, UM, COME UP WITH AWARD CHEST SOME WHERE WE CAN HAVE SOME MONEY SO WE CAN HIRE A LAWYER SO WE CAN DEAL WITH THIS IN A DIFFERENT WAY.
BECAUSE SOMETIMES GOVERNMENT IS NOT GOING TO HELP YOU.
YOU'RE GONNA HAVE TO HELP YOURSELF, YOU KNOW, AND THE ONLY WAY YOU'RE GONNA HAVE TO HELP YOURSELF IS YOU'RE GONNA HAVE TO GO THROUGH THE SAME PRIVATE LAWS THAT ANYONE ELSE WOULD IF YOU JUST LIVE NEXT TO SOMEBODY.
SO AS A COMMUNITY, WHAT I WOULD ADVISE ALL OF Y'ALL TO DO IS TO START PUTTING SOME MONEY ASIDE IN SOME WAY TO TRY AND HAVE A WAR CHEST FOR ATTORNEYS LIKE MS. RICE OR SOMEBODY THAT YOU CAN CALL AND YOU CAN HIRE TO HANDLE YOUR PROBLEMS. BECAUSE WAITING ON SOMEBODY TO WRITE A LAW FOR IT, I'M TELLING YOU THAT'S NOT GONNA WORK FOR YOU.
BUT IF YOU THINK IT WILL, YOU CAN SIT AROUND AND WAIT.
BUT YOUR COMMUNITY IS GONNA GO WAY TO THE BOTTOM IF, IF, IF YOU'RE SITTING AND WAITING ON JUST THAT.
SO, UH, MY, UH, UH, QUESTION IS IN THAT, THAT IS, IS IS THIS TOO, TO, TO ALL OF YOU IN HERE, IS THAT, LOOK, WHAT YOU NEED TO BE DOING IS IF YOU LIVE NEXT TO ME, AND WHEN I SAY LIVE NEXT TO ME, I MEAN, IF I HAVE A COMMUNITY AND SOMEONE ELSE HAS A COMMUNITY NEXT DOOR AND SOMEONE HAS A COMMUNITY NEXT TO THAT,
[01:20:01]
WE NEED TO JOIN FORCES.THAT'S THE ONLY WAY THAT WE GONNA MAKE ANY OF THIS STUFF POSSIBLE AND MAKE IT WORK.
BECAUSE JUST LIKE ANYONE ELSE, WHEN THEY RUNNING FOR AN OFFICE, WHAT DO THEY NEED? THEY NEED VOTES.
RIGHT? SO THEY NEED VOTES IN VOLUME.
AND THE SAME THING IS ANY KINDA LAWS YOU WANT CHANGED.
IF FIVE COMMUNITIES GO DOWN AND TELL THE MAYOR THEY WANT SOMETHING DONE, I BELIEVE THE MAYOR MIGHT MAKE THAT WORK FOR YOU.
BUT IF ONE COMMUNITY GOES AND SAYS IT, YOU ARE NOT GONNA GET ANYTHING DONE.
SO ANYWAY, I'M JUST SAYING WE GOTTA WORK FOR OURSELVES AND WE GOTTA STOP THINKING THAT SOMEBODY ELSE GONNA COME RIDE IN AND SAVE US.
SO MY OTHER QUESTION IS CONCERNING, UH, VOLUNTEER BOARDS WITH GOVERNMENT LIKE POWERS CHAPTER 2 0 9, GRANTS VOLUNTEER BOARD MEMBERS WHO ENJOY QUA, UM, QUALIFIED IMMUNITY AND CANNOT BE, CAN CANNOT BE PAID.
THE POWER TO IMPOSE FINES, SUSPEND ACCESS, HIGHER LEGAL COUNSEL CONTROL HUNDREDS OF THOUSANDS OF DOLLARS IN DUES WITH SUCH BROAD QUASI-GOVERNMENTAL POWER.
WHY IS THAT? THERE ARE NO STATE OVERSIGHT AUDIT MECHANISM OR ETHICS BOARD FOR HOAS.
'CAUSE THIS HAS BEEN GOING ON FOR YEARS.
SO TO ME, IF THIS HAD BEEN ADDRESSED YEARS AGO BY NOW, IT SHOULD BE PASSED.
BECAUSE THE ISSUES AGAIN THAT WE ARE RUNNING INTO, AND I KNOW MAYBE NOT EVERYBODY, BUT FOR THOSE OF US WHO HAVE THESE ROGUE BOARDS, THEY ARE DOING WHATEVER THEY WANNA DO.
AND THERE'S NO ONE FOR US TO COMPLAIN TO.
BUT AN ATTORNEY, WHICH AGAIN, COSTS MONEY, WHICH AGAIN, MOST OF US DON'T HAVE EXTRA MONEY TO PAY.
UM, I, YOU KNOW, YEARS AGO I REMEMBER IT WAS A ADDRESSED MAYBE GIVING THE ATTORNEY GENERAL THEIR OFFICE MORE POWER.
BUT THAT DIED IN ONE OF THE COMMITTEES AND IT HAS NOT EVEN BEEN MENTIONED.
AND SO, 'CAUSE I DON'T KNOW IF THE AGS OFFICE IS LIKE, WHAT? TAKE ON SOMETHING ELSE.
SO I I, NOTHING'S BEEN BROUGHT UP SINCE THEN OF CREATING SOMETHING WITHIN THE AGS OFFICE OR EVEN A SEPARATE COMMITTEE.
'CAUSE THAT'S GONNA TAKE MONEY.
AND THAT'S, YOU KNOW, THE LEGISLATURE, LIKE EVERYBODY HAS GOT LIMITED FUNDS.
SO THEY'RE GONNA PUT THEIR FUNDS TOWARD WHAT THEY CONSIDER A PRIORITY.
AND THEN THE ATTORNEY GENERAL'S OFFICE, THEY'RE GONNA BE CONSULTING THEM AND THEY'RE GONNA SAY, WE DON'T HAVE THE MANPOWER EVEN FOR WHAT THE JOB WE HAVE TO DO RIGHT NOW.
SO THAT'S SOMETHING THAT I KNOW YEARS AND YEARS AGO IT WAS BROUGHT UP AND HAS NOT BEEN MENTIONED SINCE THEN.
AND THOSE, AND THAT IS WHAT THESE ROAD BOARDS ARE WORKING ON.
NO ONE'S GONNA CARE WHAT WE DO UNTIL THEY CAN PROVE THAT WE ARE STILL IN THOUSANDS AND THOUSANDS OF DOLLARS, WHICH WE CAN'T PROVE BECAUSE THEY, THEY DON'T WANT TO GIVE US DOCUMENTS.
THEY HOLD THEM, THEY GO TO JP COURT, THE JUDGE SAYS GIVE THEM, THEY STILL DON'T GIVE THEM, THEY GET PENALIZED.
THEN THEY SAY, WELL WE JUST GONNA GO AHEAD AND APPEAL IT, BUT WE STILL DON'T GIVE YOU THE DOCUMENTS.
WELL, YOU KNOW, THE THING IS, AND WHAT YOU WANNA MAY LOOK AT IS, AND I'VE GOT SOME ASSOCIATIONS WHERE WE'VE GOT ROGUE DEVELOPERS WHERE THEY'RE STILL IN CONTROL, BUT NOTHING'S BEING DONE.
WE DON'T KNOW WHERE THE MONEY'S BEEN SPENT OR ANYTHING.
THEY'RE JUST INCOGNITO AND STILL DEMANDING MORE MONEY AND DOING NOTHING.
SO WHAT IN THOSE NEIGHBORHOODS, I'VE HAD HOMEOWNERS WHO HAVE GOTTEN TOGETHER AND THEY POOL THEIR MONEY TOGETHER AND HAVE HIRED US.
AND SO ESSENTIALLY YOU'VE GOT 30 AND 40 HOMEOWNERS WHO ARE SAYING, I'M NOT PUTTING UP WITH THIS ANYMORE.
AND IT MAKES IT TO WHERE THEY CAN AFFORD IT BECAUSE THEN THEY ALL CONTRIBUTE JUST A SMALLER AMOUNT.
AND THEY'VE GOT REPRESENTATION, WE'VE GOT LAWSUITS FILED, WE'RE CLEARING UP WHAT'S BEEN GOING ON.
TALK TO YOUR NEIGHBORS, GET YOUR NEIGHBORS TOGETHER.
'CAUSE I'VE GOT A COUPLE OF CASES TO WHERE WE'VE GOT NEIGHBORS WHO ARE BANDED TOGETHER TO WHERE THEY COULD AFFORD TO GO AFTER THIS AND TRY TO CLEAN UP A SITUATION.
BUT AGAIN, WE ARE A COMMUNITY OF 427 PROPERTIES WITH THE MAJORITY OF OUR PROPERTIES ARE BEING OWNED BY INVESTORS.
SO IT'S LITTLE LEFT LITTLE TO THE, THE HOMEOWNERS.
'CAUSE INVESTORS DON'T, THEY DON'T WANT CHANGE.
YOU UNDERSTAND? AND SO NOW WE'RE STILL WITH THIS SMALLER GROUP
[01:25:01]
THAT ARE SENIOR CITIZENS THAT ARE ON FIXED INCOME.SO THEN IT TAKES UPON MYSELF AND OTHERS WHO ARE MAYBE IN A LITTLE DIFFERENT POSITION.
AND SO TO COME UP WITH 20 OR $30,000 FOR 10 OR 15 PEOPLE IS KIND OF A LOT OF MONEY.
SO THAT'S, THAT'S AN, THAT'S AN ISSUE.
SO, OKAY, YOU'VE ANSWERED THAT QUESTION.
AND PERTAINING TO THE A C AND PERTAINING TO THE A CC COMMITTEE.
NOW I KNOW THAT IN 2 0 9 IT OUTLINES ALL OF THE GUIDELINES.
CAN A BOARD THEN CREATE THEIR OWN A CC COMMITTEE GUIDELINES AND INTERJECT OTHER THINGS THAT THEY REQUIRE OF A-A-A-C-C COMMITTEE MEMBER? HERE'S WHAT THE COURTS WILL DO.
WHEN THEY LOOK AT SOMETHING LIKE THAT.
THEY'RE GONNA LOOK AT WHAT YOUR RESTRICTIONS SAY WITH REGARD TO ARCHITECTURAL CONTROL COMMITTEE.
WHAT KIND OF THINGS THAT THEY CAN LOOK AT.
WHAT THE BOARD, WHAT THE COURTS WILL ALLOW A BOARD TO DO IS, LET'S SAY THE ARCHITECTURAL CONTROL COMMITTEE, YOU HAVE TO GET IT APPROVED.
IF YOU WANNA PAINT YOUR HOUSE OR IF YOU WANNA PUT ON A NEW ROOF.
WHAT THEY ALLOW HOMEOWNERS ASSOCIATIONS TO DO, WHICH I THINK IS A GOOD IDEA, THE HOA WILL PUT ON THEIR WEBSITE AND SAY, WE APPROVE THESE KIND OF COLORS.
THIS FOR, YOU KNOW, THE TRIM AND THIS FOR THE COLOR OF THE HOUSE.
SO IF YOU SUBMIT THIS, IT'S AUTOMATICALLY APPROVED.
THIS TYPE OF ROOF IS AUTOMATICALLY APPROVED, JUST SUBMIT IT.
THAT'S WHAT THE COURTS WILL ALLOW THEM TO DO.
IF THEY START WRITING IN, IN MORE RESTRICTIONS, NO, THEY'RE GONNA HAVE TO AMEND THEIR RESTRICTIONS TO MAKE IT MORE STRICT ON PEOPLE.
SO MINE IS MORE IN REGARDS TO COMMITTEE MEMBERS.
SO IT SAYS IN 2 0 9, YOU KNOW WHAT A COMMITTEE MEMBER COULD BE, CAN YOU KNOW, AND, AND ALL THE NEW CHANGES.
SO WHAT OUR BOARD HAS DECIDED, THEY'RE GONNA CREATE AN A CC COMMITTEE, A C, C COMMITTEE GUIDELINE TO NOW STREAMLINE THAT MORE.
OKAY, YOU CAN'T DO THIS, YOU CAN'T DO THAT.
YOU CAN'T HAVE NOT RECEIVED A LETTER LIKE WHO'S NOT GONNA POSSIBLY ONE DAY RECEIVE A LETTER, BUT YOU CAN'T BE ON THE A CC COMMITTEE IF YOU RECEIVED A DEED VIOLATION.
'CAUSE YOU DIDN'T CUT YOUR GRASS.
YOU CAN'T GET, SO BASICALLY, SO THEY CAN PICK WHO THEY WANT TO BE ON THE A CC COMMITTEE AND YOU HAVE TO WORK IN HAND WITH THE BOARD.
CAN THEY DO THAT? BECAUSE WE SHOULDN'T BE WORKING IN HANDS WITH EACH OTHER.
WHAT I'M SUPPOSED TO DO, IF YOU'RE ON A CC COMMITTEE, I'M SUPPOSED TO GO THROUGH WHATEVER OUR GOVERNING DOCUMENTS SAY PERTAINING TO ANY REPAIRS OR REQUESTS.
IF THEY DIDN'T, IF I, IF IT'S APPROVED OR DENIED.
IF IT'S APPROVED, YOU'RE HAPPY, YOU'RE GONNA GO BY YOUR WAY.
IF IT'S DENIED, THEN YOU'RE SUPPOSED TO BE ABLE TO GO BEFORE THE BOARD AND SUBMIT AN APPEAL.
BUT IF YOU'RE WORKING HAND IN HAND WITH EACH OTHER, THAT MEANS THAT THEY'VE, YOU'VE ALREADY DISCUSSED WITH THE BOARD WHAT'S NOT, WHAT'S GONNA HAPPEN.
SO ARE THEY ALLOWED TO CREATE THEIR OWN SEPARATE A CC COMMITTEE GUIDELINES FOR, FOR A CC COMMITTEE MEMBER? I GUESS I GUESS WOULD BE BETTER.
WELL, BASICALLY THEY'RE GONNA HAVE TO FO FOLLOW THE STATUTE.
THEY'RE GONNA HAVE TO FO NOW YOU'VE GOT A NEW SECTION OF THE 2 0 9 DEALING WITH THAT.
AND THEY'RE GONNA HAVE TO FOLLOW WHAT 2 0 9 ALREADY SAYS WITH REGARD TO THE A CC.
SO ONCE SEPTEMBER 1ST, 2025 COMES IN, IF THEY'VE GOT AN EMPTY POSITION ON THAT A CC, YOU SHOULD PUT IN YOUR CANDIDATE FORM FOR IT AND SAY, I WANNA BE ON THE A CC.
I CAN'T BE ON THERE BECAUSE MY GRASS WASN'T CUT AND I HAD A VIOLATION.
WELL, AGAIN, AGAIN, ROGUE BOARD.
MY GRASS GET CUSSED EVERY TWO WEEKS.
THEY CAME IN THE MIDDLE WEEK AND TOOK THE PICTURE.
I AM THE CHAIR OF THE ARCHITECTURAL COMMITTEE FOR, UH, WINDSOR VILLAGE CIVIC CLUB.
UH, IF ANYBODY HAD EVER TOLD ME I WAS GONNA BE DOING THIS, I WOULD'VE SAID, OH NO, NO WAY.
UH, AND NOW THAT I'M IN THE MIDDLE OF IT FOR THE LAST TWO YEARS, OH, I KNOW SO MUCH MORE THAN I DIDN'T KNOW BEFORE.
UM, AS FAR AS, AND I LOVE MR. RAINWATER.
HE GETS UP AND HE JUST SPEAKS TRUTH.
UM, AND REGARDING THE AMENDMENTS TO THE DEED RESTRICTIONS, IT'S A NIGHTMARE.
BUT DEED RESTRICTIONS ARE A NIGHTMARE.
I'M BEGINNING, AND YOU HAVE TO UNDERSTAND, I'M 75, MY FATHER VOTED AGAINST ZONING.
I HAVE VOTED AGAINST ZONING 'CAUSE MY DAD DID
BUT I'M BEGINNING TO THINK WE NEED SOMETHING OTHER THAN DEED RESTRICTIONS.
UH, AND AS FAR AS THE STATE LEGISLATURE IS CONCERNED, I'M READY TO,
[01:30:01]
YOU KNOW, BURY ALL OF THEMUM, AND WHEN IT COMES TO MONEY, DO NOT LET ANYBODY TELL YOU THEY DON'T HAVE ENOUGH MONEY.
IN THE STATE OF TEXAS, THIS PASSED BIENNIUM, WE HAD 24.
IT'S EITHER MILLION OR BILLION DOLLARS IN SURPLUS BILLION.
SO, UM, YOU KNOW, THEY HAD SO MUCH MONEY, THEY DECIDED TO INCREASE GOVERNMENT WITH IT.
SO, UH, AND I I HAVE TO SAY, UNFORTUNATELY, THERE ARE BAD REPUBLICANS.
AND THEN THERE'S, THERE'S, THERE'S SOME BAD DEMOCRATS.
AND THEN THERE'S SOME PEOPLE IN THE MIDDLE THAT THEY, THEIR HEART'S IN THE RIGHT PLACE, BUT THEY COLLABORATE ON THE WRONG THING FOR THE WRONG REASON.
SO ALL TO SAY WE, WE'VE GOT TO, UH, WE, WE HAVE TO HOLD THEM ACCOUNTABLE.
AND THE ONLY WAY I KNOW TO DO THAT IS TO JUST KEEP THROWING THEM OUT OF OFFICE EVERY ONCE IN A WHILE.
UM, THIS IS VERY SIMPLE QUESTION.
UM, BECAUSE OF THE FACT THAT WE ARE STILL MANEUVERING FROM INFANCY, OLD AGE OR WHATEVER, UM, WE SOMETIMES GET REQUESTED, UH, TO SEND IN A W NINE FORM.
OUR ISSUE OR PROBLEM IS, AND WHAT I NEED TO KNOW IS, ARE WE CLASSIFIED AS A 5 0 4 C FOUR OR A 5 0 4 C3 FOR IRS PURPOSES? 'CAUSE WE, WE A CIVIC CLUB, BUT YEAH.
YOU WOULD HAVE TO SEE HOW YOU'RE DESIGNATED WITH THE IRS.
WE DO NOT, I I DO NOT KNOW WHAT NOBODY'S DONE ANYTHING WITH THE IRS.
WE, UH, I WANTED TO GO AHEAD ON AND, UM, SIGN UP FOR A EIN NUMBER SAID THAT WE DON'T HAVE TO HAVE ONE.
THAT, UM, THE EMPLOYER IDENTIFICATION WE HAVE, WE CAN GO ON AND FIND ONE.
UH, WE CAN GO AHEAD ON AND JUST APPLY FOR ONE.
JUST GO AHEAD ON AND JUST SEND THEM, YOU KNOW, THE, UH, INFORMATION OUT AND THAT WE'LL GET THE NUMBER LATER.
HAVE YOU TALKED TO AN ACCOUNTANT? NO.
YOU NEED TO CALL ME ON MONDAY AND I'LL GIVE YOU THE NAMES OF SOME ACCOUNTANTS THAT DEAL WITH HOAS.
THAT'S WHO YOU NEED TO ASK ABOUT.
YOU DON'T WANT TAX ADVICE FROM ME.
WELL, WE DON'T, I KNOW WE DON'T PAY TAXES.
I JUST WANTED TO KNOW WHAT WHAT WE WERE THE STATUS.
BUT CALL ME AND I'LL REFER YOU TO SOME.
I'M PRESIDENT OF ROBINDALE CIVIC CLUB AND A MEMBER OF THE BRAVER SUPER NEIGHBORHOOD AT DISTRICT J.
BUT I STILL COME TO THE PIP MEETINGS HERE AND WE ARE REPRESENTED BY RICE AND RICE AND SHE IS A TREMENDOUS HELP.
SO, UM, IF ANY OF YOU, UH, FEEL THE NEED, AT LEAST GIVE HER A PHONE CALL.
'CAUSE SHE'S, SHE'S REALLY KNOWLEDGEABLE.
UM, YOU AND I TALK A LOT, BUT I HAVE A QUESTION TODAY THAT I THINK MIGHT HELP SOME PEOPLE.
UM, RIGHT NOW WE HAVE 612 HOMES THAT, RIGHT NOW ROBINDALE IS 30% TENANT RENTAL OUTSIDE INVESTORS.
AND SOME OF THESE PEOPLE OWN 10 HOMES.
WHAT WE'RE TRYING TO FIGURE OUT, WE'VE BEEN TOLD, OUR UNDERSTANDING IS THAT IF YOU WERE MORE THAN 50% INVESTOR IN YOUR NEIGHBORHOOD, THAT UM, UH, FINANCIAL INSTITUTIONS AFTER 50% OR ABOVE WILL NOT LOAN WILL GIVE A MORTGAGE TO A BUYER.
UM, WE'VE HEARD THAT'S HAPPENING IN DALLAS.
WE'VE HEARD IT'S HAPPENING IN A COUPLE OF, UM, TOWNHOUSE, UH, UH, COMMUNITIES, GATED TOWNHOUSE COMMUNITIES HERE IN HOUSTON.
SO THAT MEANS THAT IF YOU'RE A SELLER, YOU HAVE TO FIND SOMEBODY WITH CASH TO BUY YOUR HOME, WHICH WILL ULTIMATELY DEVALUE DEVALUES THE NEIGHBORHOOD.
UH, THE HOME PRICES START GOING.
IS THIS TRUE? AND IF SO, IS THERE ANY WAY THAT YOU CAN, IS THERE ANYTHING THAT CAN BE DONE TO LIMIT THE NUMBER OF PROPERTIES SOMEONE CAN OWN IN A NEIGHBORHOOD? YOU KNOW THAT, THAT'S AN INTERESTING QUESTION.
UM, WHAT'S, WHAT I'M SITTING HERE THINKING
[01:35:01]
IS HOW WOULD THEY KNOW HOW MANY INVESTORS ARE IN A NEIGHBORHOOD? 'CAUSE A MORTGAGE COMPANY, THEY'RE NOT GOING TO, THAT, THAT INFORMATION IS REALLY NOT OUT THERE.UM, AND, AND IT WOULD BE HARD FOR THEM TO KNOW BECAUSE EVEN HOMEOWNERS, THEY MAY HAVE, THEY MAY BE LIVING THERE OR THEY MAY HAVE A FAMILY MEMBER LIVING THERE AND IT MAY BE IN A TRUST OR IT MAY BE IN AN LLC OR SOMETHING LIKE THAT.
SO IT WOULD BE VERY HARD FOR THEM TO FIGURE IT OUT UNLESS SOMEBODY VOLUNTEERED THAT INFORMATION TO 'EM.
AND I DON'T HAVE ANY BOARDS WHO WOULD VOLUNTEER THAT, UH, TYPE OF INFORMATION.
I KNOW WITH REGARD TO LIKE CONDOS, YOU'VE GOTTA HAVE SO MUCH MONEY IN YOUR RESERVE.
AND THEN THEY'LL LOAN MONEY WITH REGARD TO A MORTGAGE.
BUT I HAVE, I, I WILL CHECK INTO THAT GINA AND SEE IF THERE, IF, IF MORTGAGE COMPANIES ARE DOING THAT.
AND I DON'T SEE IT, TO ME IT'S LIKE, WHY WOULD YOU DO THAT? BECAUSE, YOU KNOW, IT, THE, THE, IT'S NOT LIKE THE PROPERTIES ARE BEING ABANDONED.
YOU'VE GOT INVESTORS AND THEY'RE GONNA KEEP THAT PROPERTY UP AND 'CAUSE THEY CAN BE SUED.
BUT IN A LOT OF CASES THEY'RE NOT.
I MEAN, WE'VE GOT, WE'VE GOT A, WE'VE GOT TENANTS IN OUR NEIGHBORHOOD THAT, UM, AND WE'RE A SINGLE FAMILY NEIGHBORHOOD.
SO WE'VE GOT A LOT OF TENANTS IN OUR NEIGHBORHOOD THAT HAVE EIGHT 10 CARS OUT IN FRONT OF THE HOUSE.
THERE'S NO WAY TO PROVE THAT THAT IS A SINGLE FAMILY.
AND THE STATE DEFINES SINGLE FAMILY DIFFERENT THAN OTHER, THAN OTHERS DO.
SO THERE'S SOME CONFUSION THERE ON HOW DO YOU PROVE THAT IT'S SINGLE FAMILY.
AND IF THEY'RE NOT SINGLE FAMILY, HOW DO YOU GET 'EM OUT? YOU KNOW, GET 'EM OUT AND HOLD THE OWNERS RESPONSIBLE.
BECAUSE A LOT OF CASES, THESE OWNERS ARE COMING IN AND THEY'RE NOT GIVING THE DEED RESTRICTIONS A COPY OF THE DEED RESTRICTIONS.
AND YOU CAN'T FORCE 'EM TO, TO GIVE A COPY OF THE DEED RESTRICTIONS TO THE TENANT.
SO THEREFORE THE TENANT IS NOT FOLLOWING THE DEED RESTRICTIONS.
THEY DON'T KNOW IF THEY'RE COMING FROM OTHER COUNTRIES.
LIKE A LOT OF OUR, OUR, UM, UH, RESIDENTS ARE NOW, THEY'RE NOT, THEY DON'T EVEN KNOW WHAT NEED RESTRICTIONS ARE.
THEY'RE NOT FAMILIAR WITH THEM.
THEY DON'T HAVE THOSE LAWS IN THEIR COUNTRIES.
SO THERE'S AN EDUCATION SYSTEM THAT NEEDS TO BE TAKING PLACE AS WELL.
AND TRYING TO FIGURE OUT THE BEST WAY, I GUESS, TO PROTECT THE NEIGHBORHOOD OVERALL.
BUT I THINK THAT PROBABLY WE ALL HAVE QUESTIONS ABOUT THIS BECAUSE WE'RE ALL TRYING TO DO THE SAME THING.
AND WITH REGARD TO SHORT TERM RENTALS, UM, I KNOW THAT THE CITY HAS BEEN WORKING ON IT.
YOU GUYS HAVE DONE A GREAT JOB WITH SOME NEW REGULATIONS AND SO FORTH.
BUT WE WENT AHEAD AND FILED AN AMENDMENT WITH THE COUNTY JUST IN CASE THAT SAYS WE LIMIT OUR SHORT TERM RENTALS.
UH, THAT YOU CANNOT, UH, RENT OUT YOUR HOME WORTH, UH, LESS THAN 28 DAYS.
BECAUSE IF YOU'RE RENTING A HOUSE THAT IS A YEAR LEASE AND YOU DECIDE TO GO MONTH TO MONTH, THE SHORTEST MONTH IS FEBRUARY.
SO WE WENT AHEAD AND FILED THAT AMENDMENT.
NOW I DON'T KNOW IF THAT'S GONNA HOLD UP IN COURT.
WELL, YOUR AMENDMENTS DO, LET ME TELL YOU, THE CITIES HAVE BIGGER CHALLENGES BECAUSE THEY ARE A GOVERNMENT TRYING TO LIMIT SHORT TERM RENTALS.
I KNOW DALLAS HAS DONE IT AND DALLAS HAS ALREADY BEEN SUED.
AND THAT'S GONNA GO, THAT'LL GO ALL THE WAY UP TO THE TEXAS SUPREME COURT.
EVENTUALLY YOU HAVE A BETTER CHANCE AS AN ASSOCIATION IN ENFORCING YOURS BECAUSE WE'VE ALREADY GOT CASE LAW OUT THERE TO WHERE OTHER ASSOCIATIONS PASSED AMENDMENTS SAID NO SHORT TERM RENTALS.
YOU KNOW, YOU CAN'T BE LESS THAN 30 DAYS OR WHATEVER THEY CHOSE.
AND THE COURT OF APPEALS HAVE ALREADY SAID, YEP, WE ARE, WE WILL ENFORCE THAT.
Y'ALL DO NOT HAVE THE, YOU DON'T HAVE THE SAME GUIDELINES AS A CITY.
'CAUSE A CITY IS A GOVERNMENT.
SO THEY'RE HELD TO STRICTER STANDARDS WITH REGARD TO WHEN THEY ARE TRYING TO LIMIT PEOPLE ON WHAT THEY CAN DO WITH THEIR PROPERTY RIGHTS.
WE CAN ENFORCE SOMETHING A LOT EASIER THAN A CITY CAN WHEN IT COMES TO SHORT TERM RENTALS.
SO THEY'RE, THEY'RE THE COURT OF APPEALS ARE UPHOLDING THEM.
Y'ALL PASS YOUR AMENDMENTS, YOU ENFORCE 'EM, THEY'RE SAYING, YEP, YOU'RE GOOD.
WELL I GUESS THE BOTTOM LINE WAS THE, THE QUESTION REALLY NEEDED TO ANSWER WAS, IS THERE ANYTHING THAT WE CAN DO WITH THESE OFFSITE OWNERS TO, UM, STRENGTHEN OUR NEIGHBORHOOD AND, UH, PREVENT THEM FROM OWNING MUL MULTIPLE 10 HOUSES? I MEAN, MY GOD, THAT'S A LOT.
YOU KNOW WHAT, I'VE GOT AN ASSOCIATION UP IN DALLAS THAT THEY HAVE ACTUALLY TWO, TWO ASSOCIATIONS UP THERE THAT THEY'RE LARGER ASSOCIATIONS.
AND WHAT THEY HAVE DONE IS THEY'VE ACTUALLY PASSED AN AMENDMENT TO WHERE THEY SAY YOU CAN'T OWN MORE THAN THREE HOUSES IN OUR NEIGHBORHOOD.
THAT'S WHAT I WAS LOOKING FOR.
'CAUSE WE'RE IN, AND IT HAS NOT BEEN CHALLENGED YET.
PEOPLE HAVE BALKED ABOUT IT AND EH, CRIED ABOUT IT, BUT NOBODY'S CHALLENGED IT AND THEY'RE ENFORCING IT AND THEY'VE BEEN ENFORCING IT FOR ABOUT FIVE YEARS NOW.
SO WE'RE IN THE MIDDLE OF CHANGING OUR DATA RESTRICTIONS.
THAT WAS THE QUESTION I NEEDED TO ANSWER.
[01:40:03]
YES, MA'AM.MY NAME IS BARBARA BLUE AND I AM A HOMEOWNER IN THE BRI GATE SUBDIVISION, WHICH YOU'RE FAMILIAR WITH.
FIRST AND FOREMOST, I WANNA SAY TO EVERY PERSON THAT'S ON THE BOARD, GET EDUCATED.
NOT ALL BOARD MEMBERS ARE EDUCATED.
THERE'S TRAINING FOR BOARD MEMBERS.
WHEN A HOMEOWNER SENDS YOU DOCUMENTATION OR COMPLAINTS ABOUT A VIOLATION, DON'T IGNORE THEM.
BECAUSE WHEN A PERSON CONSISTENTLY VIOLATES YOUR DEED RESTRICTIONS AND YOUR VI UM, IT, IT, IT, IT CAUSES HAVOC IN A NEIGHBORHOOD.
UM, AND IT'S CAUSED A LOT OF HAVOC IN OTHER AREAS.
SO FOLLOW THROUGH AND GET BACK WITH THE PERSON THAT HAS SENDING THAT INFORMATION TO YOU.
IT COULD BE THE DIFFERENCE BETWEEN SOMEBODY'S, UM, WAY OF LIVING.
AND I KNOW IT'S NOT BEING DONE.
PEOPLE DON'T TAKE THE TIME TO FOLLOW THROUGH, LEARN WHAT YOU'RE SUPPOSED TO LEARN.
IT, IT TAKES A LOT OF TIME TO KNOW WHAT YOU'RE SUPPOSED TO DO AND WHAT THE VIOLATIONS ARE.
DO YOU HAVE QUESTION? I I'M MAKING A COMMENT AND I HAVE A QUESTION.
AS FAR AS YOU DOING, WHAT ARE YOUR PRIORITIES TO YOU? THIS IS MY QUESTION TO YOU.
WHAT ARE YOUR PRIORITIES TO YOU IN YOUR SUBDIVISION? DO YOUR, DO YOUR DUE DILIGENCE AS TO WHAT YOUR PRIORITIES ARE? OKAY.
AND WE ALL HAD THE MONEY THAT WE CAN CHIP IN A LITTLE BIT WITH IF WE REALLY WANT TO.
AND MR. RAINWATER, YOU KNOW HOW I FEEL ABOUT YOU.
I'M YOUR NUMBER ONE SUPPORTER.
MY NAME IS SANTEL FRAZIER AND I'M THE PRESIDENT OF THE CAMBRIDGE VILLAGE CIVIC CLUB.
AND I WANT TO THANK YOU GUYS FOR BEING HERE AND THANK YOU.
UM, CASTEX TATUM, MARTHA CASTEX.
THE QUESTION I HAVE, MS. RICE IS UNDER DEED RESTRICTIONS.
HOW WOULD YOU DEFINE A BUSINESS AND HOW WOULD ONE GO ABOUT ENFORCING OR MAKING CHANGES TO BUSINESSES THAT ARE EXISTING OR WANTING TO START IN OUR NEIGHBORHOODS? BECAUSE WE HAVE SOME THAT ARE, THAT ARE EXISTING AND CURRENTLY THEY ARE NOT FOLLOWING ONE.
ALL OF THE CITY REQUIREMENTS, EVEN THOUGH WE HAVE STATED TO THEM THAT WE, OUR, OUR DEED RESTRICTIONS STATE, THERE ARE NO BUSINESSES ALLOWED, BUT IT'S REALLY GETTING AN UNDERSTANDING OR A DEFINITION OF HOW IT'S INTERPRETED BY THE GOVERNMENTAL AGENCIES OF WHAT A BUSINESS WOULD BE CLASSIFIED AS.
THAT'S THE PERSON WHAT THE, WHAT THE COURTS ARE GONNA LOOK AT.
LIKE YOURS SAYS, ABSOLUTELY NO BUSINESSES.
RIGHT? SO WHAT THEY'RE GONNA LOOK AT IS VERY IMPORTANT IS WE WANNA BE ABLE TO PROVE, LOOK AT THEIR WEBSITE, DO THEY HAVE PEOPLE COMING AND GOING? WHAT TYPE OF BUSINESS ARE THEY ACTUALLY RUNNING AND DO, ARE THEY AFFECTING THE CURB APPEAL IN YOUR NEIGHBORHOOD? MM-HMM
UM, AND, AND WE, THERE ARE EVEN COURT OF APPEALS CASES TO WHERE THE COURT OF APPEALS HAVE SAID, UM, THAT NEIGHBORHOOD LIKE YOURS, NO BUSINESSES.
AND WHAT THEY DID ALLOW IS LIKE AN INSURANCE MAN TO WORK OUT OF HIS HOME, TAKE CALLS AND STUFF OR YOU KNOW, SOMETHING WHERE NOBODY REALLY EVEN KNEW WHAT WAS GOING ON UNLESS YOU'D TALKED TO THE INDIVIDUAL.
AND SO THAT NEXT THING THEY KNEW, A GENTLEMAN BOUGHT, PURCHASED A HOME AND OPENED A MECHANIC SHOP, STARTED HAVING ENGINES IN HIS YARD AND ALL THAT.
SO THEY FILED SUIT AND THEY SAID, HEY, YOU WAIVED YOUR RESTRICTION BECAUSE YOU'VE ALLOWED ALL THESE OTHER BUSINESSES.
WELL THE COURT OF APPEALS DISAGREED WITH THE MAN WITH THE MECHANIC SHOP.
'CAUSE THEY SAID THOSE BUSINESSES YOU DON'T EVEN KNOW THEY EXIST.
YOU COULD DRIVE THROUGH THAT NEIGHBORHOOD AND NOT SEE 'EM, BUT THIS, YOU CAN SEE AND IT HARD HURTS THE CURB APPEAL.
SO LOOK AT IT THAT WAY, BUT MAKE SURE YOU'VE GOT TO ENFORCE THOSE RESTRICTIONS
[01:45:01]
BECAUSE YOU DON'T WANNA GIVE THE COURT A WAY TO SAY YOU HAVE WAIVED THAT RESTRICTION BY NOT ENFORCING IT IN YOUR NEIGHBORHOOD.SO IF YOU LET BUSINESSES GO ON THAT AFFECT YOUR CURB APPEAL AND YOU DO NOTHING ABOUT THEM, YOU ARE DIMINISHING YOUR CHANCES OF ENFORCING THAT RESTRICTION.
SO THAT'S WHY YOU GOTTA JUMP ON IT AND STOP IT BEFORE IT GETS OUTTA HAND.
IT AND THAT'S WHERE YOU HAVE TO GET CAREFUL WITH THE TAR VERSUS TIMBERWOOD CASE IN TAR VERSUS TIMBERWOOD.
THAT'S WHEN WE GOT INTO THE AIRBNBS AND STUFF LIKE THAT.
AND THIS GUY EVEN HAD A HOTEL LICENSE IN THE CITY OF SAN ANTONIO.
AND THE SUPREME COURT SAID, UHUH, THAT'S NOT ENOUGH TO STOP THAT.
AND THEY SAID, SO THAT'S WHERE WE CAME UP WITH, YOU SPECIFICALLY HAVE TO STATE YOU CANNOT HAVE SHORT-TERM RENTALS.
SO WITH A BOARDING HOUSE YOU CAN, YOU, YOU GOTTA LOOK AT YOUR RESTRICTIONS WITH REGARD TO THAT.
ARE THEY RENTING OUT, YOU KNOW, LIKE SEPARATE INDIVIDUAL ROOMS WHICH HAS BECOME POPULAR WITH A HALFWAY HOUSE THAT'S DIFFERENT IF THEY'RE LICENSED IN THE STATE OF TEXAS AND THEY'RE A HALFWAY HOUSE FOR LIKE PEOPLE WHO ARE PHYSICALLY HANDICAPPED OR MENTALLY HANDICAPPED, WE'RE NOT GONNA DO ANYTHING ABOUT THEM.
THE STATE IS GONNA ALLOW THEM, HOWEVER, THEY HAVE CERTAIN RULES THAT THEY HAVE TO COMPLY WITH UNDER THE STATE.
THEY'VE GOTTA HAVE, YOU KNOW, 24 HOUR ADULT THERE WITH THOSE INDIVIDUALS HELPING THEM OUT.
UM, THEY'VE GOTTA BE SUPERVISED.
THEY DON'T, CAN'T LET THE INDIVIDUALS JUST, YOU KNOW, ROAM AROUND THE NEIGHBORHOOD FREELY.
AND TO WHERE IF I DROVE BY THERE OR ANYBODY, WE COULDN'T TELL IT'S A HALFWAY HOUSE.
SO THOSE ARE TREATED DIFFERENTLY FROM SHORT-TERM RENTALS AND FROM BOARDING HOUSES.
BUT I WOULD ADDRESS THOSE BOARDING HOUSES QUICKLY AND WE NEED TO LOOK AT THE RESTRICTIONS AND SEE IF THERE'S SOME WAY BASED ON THE TAR VERSUS TIMBERWOOD CASE, WE CAN STOP THOSE BOARDING HOUSES.
IF I CAN GO BACK TO, AS YOU MENTIONED ABOUT THE CURB APPEAL HAPPENS TO BE A BUSINESS, THEY ARE PAINTERS, THEY DRIVE ACROSS THE CURB OVER THE SIDEWALKS AND INTO THEIR BACKYARD.
THEY CONVERTED NO OPEN UP THE FENCE AND BASICALLY DROVE IN AND THEY STORE ALL OF THEIR WORK VEHICLES THERE.
WE'VE CONTACTED THE APPROPRIATE LINES OF 3 1 1 AND DAWN AND PUBLIC WORKS THEY'VE COME OUT AND LOOKED AT AT THE SITUATION.
UNFORTUNATELY, THE ASPECT OF WHAT THEY'RE DOING CONTINUES TO HAPPEN.
WE'VE INFORMED THEM THAT, WELL, WHEN THEY SHOW UP THEY SAY, WELL WE DON'T SEE ANYTHING, EVEN THOUGH THEY'RE BEING COMMUNICATED TO THAT THEY NEED TO SHOW UP BETWEEN THE HOURS OF SIX AND SEVEN WHEN THE WORKERS ARE, ARE SHOWING UP TO WORK OR BETWEEN THE HOURS OF EIGHT OR NINE WITH THE SUMMERTIME HOUR CHANGES WHEN THEY'RE RETURNING TO PARK THE TRUCKS THERE.
AND THE ANSWER IS, WELL THAT'S OUTSIDE OF OUR HOURS
SO THAT'S WHY YOU HAVE TO DO SOMETHING DIFFERENT.
THAT'S WHY YOU HAVE TO DO DO, IF YOU'RE GONNA ENFORCE 'EM, IT'S DIFFERENT.
YOU'VE GOT, YOU HAVE PICTURES, YOU CAN, YOU CAN SHOW THE COURT CORRECT.
THIS IS WHAT THEY'RE DOING SO THAT THE, WE CAN DEAL WITH ALL THE DIFFERENT HOURS.
UM, AND THAT'S WHY IT'S DIFFERENT FROM WHAT THE CITY DOES.
MY LAST TWO QUESTIONS ARE VERY SIMPLE.
UH, THE TEXT IS RIGHT TO FARM ACT AND IT'S, IT'S CON CONFLICTION WITH DEED RESTRICTIONS.
IF OUR DEED RESTRICTIONS SAY NO, BASICALLY NO ANIMALS OUTSIDE OF A DOG OR A CAT.
THE CITY OF HOUSTON SAYS CHICKENS ARE OKAY, BUT ROOSTERS ARE NOT OKAY.
AND NOW THE STATE OF TEXAS SAYS THAT, OKAY, BASICALLY IT WAS WRITTEN FOR ACTUAL FARMERS AND RANCHERS, BUT SOME INDIVIDUALS ARE INTERPRETING THAT THAT GIVES THEM FREE RIGHTS TO RAISE WHATEVER THEY WOULD LIKE IN THEIR YARDS.
THE SECOND ONE WOULD BE THE ACTUAL SAFE ACT.
THAT WAS TO LURE SPEED LIMITS IN NEIGHBORHOODS FROM 30 MILES AN HOUR TO 20 MILES AN HOUR FOR THE SAFETY OF, UH, UNFORTUNATELY CARS JUST SPEEDING THROUGH.
WE WE'RE NOT TRYING TO ADD MORE SPEED BUMPS, THOUGH.
WE WOULD LOVE TO HAVE THEM, BUT HOWEVER, WHEN KIDS ARE NOT PAYING ATTENTION AND A SPEEDING CAR IS COMING THROUGH, THERE'S THAT POTENTIAL FOR, YOU KNOW, SOME MISHAPS TO OCCUR.
SO IF YOU COULD SPEAK ON JUST THOSE TWO AND THEN I'LL GET OUTTA YOUR HAIR.
'CAUSE I APPRECIATE YOUR TIME.
WHAT I'LL DO IS I'M GONNA LOOK AT THAT FARM ACT 'CAUSE I KNOW THERE ARE PEOPLE GONNA TRY TO USE THAT MM-HMM
UM, AND AND WHAT YOU WANNA DO IS WHEN WHEN YOU HAVE A POTENTIAL ACT LIKE THAT, THAT WAS MEANT FOR FARMERS AND EVERYBODY ELSE, MAYBE IN RURAL AREAS, LOOK AT THE STATUTE SPECIFICALLY AND READ IT FROM
[01:50:01]
A STANDPOINT OF, OKAY, COULD SOMEBODY TRY TO INTERPRET THIS MM-HMMUH, WITH REGARD TO BEING IN A PARTICULAR URBAN AREA.
'CAUSE SOMETIME THOSE STATUTES, AND I HAVEN'T LOOKED AT THAT ONE MAY SAY IT APPLIES TO AREAS IF YOU DON'T HAVE, YOU KNOW, A MILLION PEOPLE LIVING IN THAT COUNTY OR SOMETHING LIKE THAT.
AND SO THAT AUTOMATICALLY BUMPS IT OUT OF THE URBAN AREAS.
SO, BUT I'M GONNA LOOK AT IT BECAUSE BELIEVE ME, WE FOUGHT CHICKENS ALREADY.
YOU KNOW, I EVEN HAD PEOPLE WHO CHICKENS ARE THEIR EMOTIONAL SUPPORT ANIMALS.
SO WE, WE'VE SEEN IT ALL RIGHT.
UM, I'M ANGELA RI AM ON THE BOARD OF TEMPO THREE HOMEOWNER ASSOCIATION, CARPENTRY HOMEOWNER ASSOCIATION.
AND MY QUESTION IS, WE ARE HAVING PROBLEMS WHERE OUR TOWN HOME COMMUNITY AND DONNA IS WITH ME.
IT'S PART OF OUR DEED, UM, FEES.
SO WHAT THE PROBLEM WE ARE HAVING IS THAT HALF OF THE PROPERTY, UM, THE WATER BILL IS BEING BILLED TO THE HOA NO, NO, NO, NOT THE WATER BILL.
DRAINAGE FEES IS BEING BUILT TO THE HOA AND THEN THE NORTH SIDE OF THE PROPERTY, THE DRAINAGE FEE IS BEING BILLED TO THE INDIVIDUAL HOMEOWNERS.
AND DONNA AND I WENT TO THE CITY OF HOUSTON, UM, PUBLIC WORKS AT WATER DEPARTMENT AND THEY SAID THAT IS HAPPENING BECAUSE THE BUILDERS DIDN'T PLOT.
THEY PLOTTED ONE SECTION AS ONE ENTIRE SECTION AND THEN THEY PLOTTED HALF OF THE PROPERTY AS INDIVIDUAL HOMEOWNERS.
AND TECHNICALLY THAT'S NOT FAIR BECAUSE YOU HAVE HALF YOUR PROPERTY THAT ARE NOT PAYING DRAINAGE FEES THAT ARE COMING OUT, OUR MAINTENANCE FEES AND THEN HALF OF THE PROPERTY ARE HAVING TO PAY DRAINAGE FEES.
AND OUR QUESTION AND CONCERNS WERE THAT IF YOU CAN FIND INDIVIDUALS TO PAY PROPERTY TAX, 'CAUSE EACH INDIVIDUAL PAY PROPERTY TAX, HOW COME YOU CAN'T RESOLVE WHERE THAT NORTH SIDE OF THE PROPERTY ARE PAYING THEIR SEARCH FEES? SO LET, LET ME TALK TO THE DIRECTOR OF, UH, PUBLIC WORKS.
AND WE'LL SET UP A MEETING WITH YOUR NEIGHBORHOOD SO THEY CAN LOOK AT THE PLANS.
AND THEY CAN DETERMINE IF Y'ALL NEED TO REPL, UH, THE ENTIRE, UH, DEVELOPMENT SO THAT EVERYBODY'S PAYING A FAIR AMOUNT, FAIR PLOT.
SEND ME AN EMAIL 'CAUSE I'M ASLEEP TONIGHT AND OKAY.
AND ONE AND ONE MORE QUICK QUESTION.
UM, ON THE OTHER TOWN HOME THAT I WE'RE IN, WE HAVE AN INDIVIDUAL THAT, UM, OWNS A LAWN SERVING BUSINESS AND HE'S BEEN STORING HIS LAWNMOWERS IN THE PATIO.
I KNOW THE CITY AUDIENCE WHERE AS FAR AS YOU'RE NOT ABLE TO BARBECUE WITHIN SO MUCH, MANY FEATS OF A BUILDING.
BUT MY CONCERN IS THAT GASOLINE IS STORED IN THAT LAWNMOWERS AND THAT IS A SHARED COMMUNITY.
IS THAT ANYTHING THE CITY DEN THAT WE CAN, UM, ADDRESS HIM WITH AS FAR AS NOT ALLOWING HIM, UM, TO STORE HIS LAWNMOWERS IN THE PATIO? WELL, BESIDES THE CITY, YOU MAY BE ABLE TO USE YOUR RESTRICTIONS.
SO IF YOU, IF YOU SEND YOUR RESTRICTIONS FOR ME TO LOOK AT AND SAY, HEY, THIS GUY, THIS IS THE QUESTION ABOUT THE MAN STORING HIS LAWNMOWERS AND, YOU KNOW, GAS CAN LEAK AND OIL AND EVERYTHING.
I'LL LOOK AT YOUR RESTRICTIONS AND TELL YOU, 'CAUSE MOST LIKELY YOUR RESTRICTIONS ADDRESS THAT MORE SPECIFICALLY THAN THE CITY.
I APPRECIATE YOU COMING TODAY.
IF YOU ARE A NEIGHBORHOOD PRESIDENT, WILL YOU STAND UP? Y'ALL GIVE IT UP TO THESE NEIGHBORHOOD PRESIDENTS.
IT'S NOT EASY WORK AND YOU'RE DOING THIS WORK WITH NO COMPENSATION, BUT YOU'RE DOING IT BECAUSE YOU CARE ABOUT YOUR NEIGHBORHOODS.
THANK YOU ALL FOR, UH, BEING HERE TODAY.
WE ARE GOING TO, UM, END OUR CONVERSATION WITH, UH, RICE AND RICE.
SUSIE, THANK YOU FOR BEING HERE.
WE THANK YOUR SON FOR BEING HERE.
WE THANK YOU FOR ALWAYS BEING HERE.
THEIR CONTACT INFORMATION IS ON THE SCREEN.
AND, UH, FINALLY, UH, I'LL MAKE A COUPLE OF COMMENTS, UH, ONCE WE CLOSE OUT.
BUT THANK YOU ALL FOR BEING HERE.
AND DON'T FORGET THAT HTV IS RECORDING THE SESSION THAT YOU CAN USE FOR FUTURE USE.