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. ]