Lakewood Civic

The following is a posting of questions from residents and the responses from the LCA board about the new proposed deed restrictions for Lakewood:

(you can ask you own questions via the “Contacts” button near the top of the website and they will be added to this posting)

The responses represent our best understanding of the questions and the law.

 

Q1: How will ballots be conveyed to property owners?

R1: [primarily by mail, but may also hand deliver in some cases]

 

Q2: Does each property parcel or address get one vote?”

R2: [Based on current understanding of TX law, the owner of each lot within an exiting Lakewood section will get a single vote on adopting the new restrictions for that specific section. There are about 20 sections in Lakewood.]

 

Q3: Does that vote have to be cast by a property owner listed with HCAD?

R3: [Based on current understanding of TX law, the property owner has the right to vote. HCAD is one way of identifying the property owner]

 

Q4: Does failure to return a ballot default to a “no” vote?”

R4: [See response “R6”  below on “percentage” question]

 

Q5: Who will count the votes and will the counting be public?

R5: [Based on current understanding, the attorney will file the new deed restrictions with the county/state when there are sufficient owner signatures. The attorney and the Harris county clerk will verify the ballots and record the new deed restrictions if the required percentage of owners is met]

 

Q6: Is the percentage required to be included based on a percentage of the total of parcels in a section or the total of ballots received from a section?

R6: [Each section of Lakewood (20+ sections) will independently vote on adoption in their specific section. Some existing sections require more than a majority (50+%) to adopt. Some sections do not have an amendment clause and these sections require 67+% approval per TX law. The required percentage is for all the lots within the section, not just the returned ballots. If there are insufficient owners in a section that vote to adopt the new deed restrictions, that section will continue to operate with the existing deed restrictions until such time as there are sufficient votes to adopt.]

 

Q7: Are lawn furnishings such as chairs, tables, swings allowed in the front yard or in sight of the road?

R7: [No specific restriction because this is a matter of taste. However, the “Storage of Personal Property” requirement might be used by neighbors seeking to have offensive “furnishings” removed]

 

Q8: Are sporting items such as volley ball nets or basket ball hoops allowed in the front yard?

R8: [We believe these fall into the “Storage of Personal Property”. The goal of deed restrictions is maintenance of property values in a residential neighborhood. We would think a basket ball hoop would not be an issue – do not think it detracts for property valve. A “permanent” volley ball net left in the front yard is not typical of a residential neighborhood and likely would not be acceptable.]

 

Q9: Are playground items such as slides or swings allowed in the front yard?

R9:[We believe these fall into the “Storage of Personal Property”. The goal of deed restrictions is maintenance of property values in a residential neighborhood. Any playground equipment should be in the backyard, out of sight. There is a grandfather clause that would allow current playground equipment to remain as long as it is not moved or modified. 

 

Q10: Are moon walks or bounce houses allowed in the front yard?

R10:[We Believe these fall into the “Storage of Personal Property”. The goal of deed restrictions is maintenance of property values in a residential neighborhood. Temporary use of bounce house or anything similar in the front yard should not be an issue. Extended installation of such property would be an issue.

 

Q11: What will be considered as a legitimate flower pot or container for flowers, some people have been know to use old toilets, tires, wheelbarrows, old barrels or other strange items?

R11: [No specific restriction because this is a matter of taste. However, the “Storage of Personal Property” requirement might be used by neighbors seeking to have offensive decorations removed]

 

Q12: Will the property owners in the sections approving the deed restrictions have to pay Lakewood Civic Association dues?

R12: [No – Lakewood Civic Association (LCA) is a volunteer organization (not an owners association) and dues are not mandatory]

 

Q13: Will there be a monetary penalty or fine assessed for violations of the deed restrictions? If yes how much?

R13: [No – either the LCA board or any property owner can sue to pursue compliance with the deed restrictions]

 

Q14: Is there a time schedule for how long a violation must exist before a complaint may be filed or does any existence justify a complaint?

R14: [No – The board has been reasonable in the past and I would not expect this to change. The goal of deed restrictions is maintenance of property values]

 

Q15: Is there any grace period or consideration for weather conditions that prevent mowing relating to the 6″ grass restriction?

R15: [No defined period – The board has been reasonable in the past and we would not expect this to change. The goal of deed restrictions is maintenance of property values]

 

Q16: As it is almost impossible to store a large recreational vehicle without being seen from the street does that mean they are not allowed?

R16: [The goal of deed restrictions is maintenance of property values in a residential neighborhood. Having large recreational vehicles visible in the drive way or lawn tends to give the neighborhood the appearance of a mobile home community and is believed to reduce the value of the nearby property. Recreational vehicles that are minimally visible from the road should not be an issue unless the neighbors complain or feel the presence is detracting property value especially when attempting to sell a home.]

 

Q17: Most large recreational trailers are goose neck since goose neck trailers are specifically not allowed does that mean these recreational trailers are not allowed?

R17: [The goal of deed restrictions is maintenance of property values in a residential neighborhood. Having large recreational trailers visible in the drive way or lawn is believed to reduce the value of the nearby property. Small utility trailers and boats have been a part of Lakewood since the beginning and are permitted in the proposed new deed restrictions but would be limited to one each per lot. ]

 

Congratulations to the 2015 winners!

The Lakewood Board of Directors have been working on proposed revisions to the about 20 different original deed restrictions of the various Lakewood sections. The new restrictions have been developed over several years. This is in response to issues and complaints on the conditions of some properties in Lakewood which the existing older deed restrictions do not clearly address.

 

There will be a hearing on January 21, 2016 for property owners to provide any feedback to the board concerning the proposed deed restrictions. This hearing will be for the board to receive comments but not to answer questions. All the questions will be collected and studied by the board for response afterwards via the website – We want to give careful consideration to each and every question and provide a well thought out response.

 

Please take time to carefully read the newsletter and the proposed deed restrictions via the link below:

https://lakewoodcivic.org/wp-content/uploads/2015/12/Lakewood-Update-Deed-Nov2015_web.pdf

Thanksgiving and Christmas are quickly approaching. With this time of year comes busier than normal schedules, unexpected stops, and other obstacles that alter our every-day routines. We are all creatures of habit. When we deviate from those normal routines we sometimes overlook safety precautions we would have typically done. So, as we start counting days ‘til Christmas keep a few things in mind;

• Would-be thieves and burglars are being extra vigilant for people who are not paying attention. Watch your surroundings.
• Do not leave things of value in your car.
• Thieves have already been seen in the Houston area following the UPS and FedEx trucks. Leaving packages on your front door is not a good idea.
• Report suspicious vehicles and persons to the police.
• Make sure door-to-door solicitors have a permit from the city. If they don’t, call the police. Many times these are burglars.
• Remember to lock your doors and windows at your home.

 

Your neighborhood continues to be relatively quiet. I have said this many times, there is a direct correlation between crime rate in an area and the number of suspicious persons/vehicle calls… the more the police are called to investigate suspicious activity, the lower the crime rate. Please continue to be diligent in your reporting things that you deem suspicious.

 

Stewart Beasley