Lakewood Civic

The following is a  continuation of 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.

 

Q18: Proposal Article II, Section 10 requires a swimming pool in the rear yard. Will the wording be changed to reflect what I think is the intent? — if a yard has a pool it must be in the back yard.

R18: [Of course the intent was not to require a pool in every back yard. The restriction will be reworded to clarify.]

 

Q19: R6 previously on the web site discusses votes needed to pass the proposal as 50 or 67%. The last proposal in 2005 had opinion from lawyer Rick Butler that the laws of Texas required 75% for 8 sections of Lakewood. And the 75% was based on square feet of actual property. Are we now getting a different legal opinion? Has the law changed?

R19: [The TX law has changed: Now only 67% of property owners meet the requirement to approve new deed restrictions in the case where the exiting deed restrictions do not specify a percentage for amendments. Some sections in Lakewood only require more than 50%.]

 

Q20:  I am ok with existing deed restrictions in my Section of Lakewood. Seems to be a huge drawback in adoption of them is that anything existing is grandfathered by a yes vote. So I’m inclined to vote against the new proposal. Is there any benefit for me to vote for the new proposed deed restrictions?

R20:  [Every property owner has the right to vote to adopt new restrictions or remain with the existing restrictions. The board believes property values can be better maintained with the new restrictions for a couple of reasons:

1) TX case law would consider a violation to be not enforceable after existing for about 5 years, so the grandfather clause in the proposed restrictions is about the same situation as with the current deed restrictions for an existing issue that has not been worked. The grandfather clause applies to more permanent “features” – the grandfather clause does not apply to trailers, RVs, etc. that are mobile if they are moved. If deed restrictions are amended/changed, the grandfather clause is required by state law/case history so there is no choice if new restrictions are approved.

2) There are several issues that few, if any, of the existing deed restrictions address such as high grass, multiple trailers, boats and RVs in view on the property, vehicles within view and parked in the grass (a car parked with one wheel on pavement does not violate the City ordinance), not keeping the exterior of the house maintained, etc. These are a few of the issues that are thought to reduce the property value in the surrounding area and the current deed restrictions or city ordinances do not address but would be addressed by the new restrictions.]   

 

 

Q21:  Would all properties in Lakewood be required to have concrete paved driveways?

R21:  [If the proposed new deed restrictions were approved for an area, the existing conditions would be grandfathered unless they were in violation of the existing deed restrictions and the owner was notified and asked to correct the violation. To our knowledge, there is not a requirement that a driveway be concrete in the existing set of deed restrictions; therefore, there is no way (or intention) to force anyone to replace their “non-concrete” driveway. This provision in the new restrictions is there for all future driveways and to prevent an owner from adding a bit of crusted shell anywhere in the front yard and parking on it. (this has been done in the past in Lakewood to avoid violating the city ordinance).]

 

Q22: Can a lien be placed on a home/property if there are violations to the new deed restrictions if approved?

R22: [There is no direct provision for a lien on a property/home in the current or proposed deed restrictions. Our current understanding of the law: If the LCA (or another property owner) were to sue a property owner over a deed restriction violation and win, then the violator would be responsible for the reasonable legal fees. If the violator were to fail to pay these legal fees, a judgment lien could be pursued that would allow collection whenever the home/property was sold. In Texas, the property owner can not be forced from his home based on a judgment lien, so the collection would only come from the proceeds when the owner decided to sell the home.]

 

Q23: Was there a court ruling on some of the Lakewood section deed restrictions that make them null?

R23: [To our knowledge there has been never been a “court ruling” associated with Lakewood deed restrictions. Even when a specific clause in a set of deed restrictions is found to be invalid, that does not make the rest of the restrictions “null”, only the invalid clause.]

 

Q24: Why have Lakewood deed restrictions not been enforced?

R24: [The LCA board has been active in trying to enforce deed restrictions and in many cases successful. Where we are not successful in enforcing existing deed restrictions, the three biggest limits are a) they do not cover many of the more modern issues that can detract from property value (e.g. they do not limit number of boats, trailers, RVs, and “collected stuff” visible to the street, they do not require upkeep, etc.) b) some things were allowed to exist too long before reported, and c) the original review committees for new structures/external modifications have expired.]

 

Q25: Why were these proposed deed restrictions not addressed at the April 2015 annual meeting?

R25: [This issue was not addressed at the May annual meeting because the proposed deed restrictions were not ready. It was mentioned that the board was pursuing a proposal for new deed restrictions and we would roll out the proposal when ready. The currently scheduled hearing is that roll out. There are no state law requirements to have the hearing – the board decided to have a public hearing to get feedback to see what changes may be needed.]

 

Q26: Do the new deed restrictions apply to the Lakewood Pool and Boat Launch?

R26: [The pool is outside of the neighborhood sections and therefore outside the deed restrictions. The same is true of the commercial property the surrounds Lakewood (Mobil and Valero gas stations, El Toro, churches, schools, etc).  How these properties are maintained does affect the Lakewood property values, but deed restrictions do not apply. The Lakewood Boat Launch is currently inside one of the Lakewood sections and if approved for that section, the new restrictions would apply.]

 

Q27: Is consistency a primary goal of the new deed restrictions?

R27: [The primary goal of the new proposed deed restrictions is to maintain property value. Consistency across the sections would make it easier to manage but not a primary goal.  If some but not all sections in Lakewood approve the new restrictions, the LCA board will continue to enforce the original restrictions in the sections that did not “upgrade” but will have less “tools” to work the issues that our neighbors complain about.]

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