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.]