Are you for or against SCA's proposed Uniform Deeds? How are the current deed restrictions satisfactory?

By susie sharpstown

Mandatory Membership





Not only do the proposed amended deed restrictions lack foreclosure but they require mandatory membership.




On this website the Association says the following: ''We are trying to add mandatory SCA membership. Newer subdivisions have mandatory dues. At the time SCA was being developed, there was no need for mandatory dues. Times, they are a changing! '' What the Association is leaving out is that newer subdivisions have a foreclosure provision for the non-payment of deed restriction fines.




An association that requires mandatory membership is subject to Chapter 209 of the Property Code. Chapter 209 prohibits foreclosure for the non-payment of deed restrictions fines. Below is a link to Chapter 209.




http://www.capitol.state.tx.us/statutes/docs/PR/content/htm/pr.011.00.000209.00.htm

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The MOST important part of Chapter 209 is the following:




209.003. APPLICABILITY OF CHAPTER.




''(b) This chapter applies only to a property owners'
association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association's dedicatory
instruments.''

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Enforcing the deed restrictions is more important than membership. Enforcing the deed restrictions is more important than deputy patrolling and mosquito spraying. The greatest concern of a homeowner is the neighbor-from-hell and the lowering of property values.




With foreclosure we can recover court costs, attorney fees, and fines. The fines can be used to pay for mosquito spraying and other things.




The proposed deed restrictions are obsolete. They were drafted in the 1990's. Chapter 209 was passed on January 2002.




Under Chapter 209 we can not have both mandatory membership and foreclosure for deed restriction violations. The Association MUST drop mandatory membership requirements.






By Sharpstowner Section One

What's Needed





I am not familiar with the proposed amended deed restrictions. The GENERAL INFORMATION SHEET is vague.




Below I list what I think should be in the amended deed restrictions. Most of the stuff is copied from other Houston area deed restrictions. I added some of my own ideas. Basically we need foreclosure to stop deed restriction violations from occurring. Also the Association needs the authority to enter a property and correct deed violations at the owner's expense.

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''Each and every resident or lot owner in this subdivision shall comply strictly with each and all legal, sanitary, health and police laws, ordinances and regulations as the same may now exist or may hereinafter exist.''




Comments: This covers junk cars, parking on sidewalks, heavy trash placed too early/late, etc.

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''If an Owner or occupant of a lot defaults in any of the restrictions, and the default continues for 10 days after written notice thereof to the Owner by certified mail (or by attaching a sign to the front door), the Association may:




.01. cut the weeds, grass and dead, damaged or diseased trees;

.02. remove the garbage, trash and rubbish;

.03. repair, demolish or alter any improvement that is destroyed or damaged; or

.04. do any other thing necessary to secure compliance with the restrictions, so as to place the lot and the house in a neat, attractive, healthful and sanitary condition.





The Association may sue the Owner personally to pay the charge or foreclose the lien against the lot. Interest, costs and attorney's fees will be added to the charge. The lien on a lot may be foreclosed by non-judicial foreclosure.''

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''The area in the street between the pavement and the property line shall be kept clean and free of unsightly obstacles at all times.''

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''Authorizes the Association, after written notice (or after attaching a sign to the front door), to go upon a lot and perform necessary maintenance work and charge reasonable costs incurred to the owner of the lot.''




Comment: We can mow someone?’s lawn or remove junk cars when they are not at home.

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Please click on ''Part 2'' below to continue. Thanks!






By Sharpstowner Section One

Part 2

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''.. the Association and/or its agents shall have the right, but not the obligation, to go upon the lot and cause the lot to be mowed, trimmed, and cleaned, remove any dead, diseased or infested trees, shrubs, vines and plants, and paint or otherwise repair .... ''




''... the owner of the lot agrees by the purchase of the lot to pay the reasonable expenses incurred by the Association, plus an amount equal to fifty percent for overhead and supervision, immediately upon receipt of a statement.''




''owner and occupant .... hereby release the Association and its officers, directors and agents from liability for trespass, theft, and any other tort in connection with any maintenance work ....''

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random drug testing



We should require residents to undergo random drug testing. The money that is being used for the patrol program can be better spent on drug testing.




I got the idea from a Supreme Court case. The federal government wanted to test federal low-income housing tenants for drugs. The government claimed that crime and drug dealing were out of control in the projects. A large number of crimes are drug related. Tenants that are found to use drugs are evicted. The Supreme Court sided with the federal government. Drug testing by the government of citizens is much more restrictive than is testing among private parties. We should have no problem in implementing a drug testing program.




Polls show that the majority of people approve of drug testing. Over 70% of people approve of drug testing for people in their own profession.




The majority of the Fortune 500 require drug testing. Most parents approve of schools testing students for drug use. US presidents are required to undergo random testing. So is the mayor of Houston and our own deputies! So why not Sharpstown residents?




Homeowners that fail the test will be required to pay a fine which will be used to pay for the testing and be subject to more frequent testing. The federal government recommends that people be tested at random with an average selection rate of 2 years.




Publicity from around the world will put Sharpstown on the map. Families will want to live in Sharpstown and our property values and taxes will soar.




On the esplanades we can place the following sign,




SHARPSTOWN: A deed-restricted AND drug-free community.

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Please click on ''Part 3'' below to continue. Thanks!





By Sharpstowner Section One