restrictive covenants

[Sonoran Silkies]

This is the way this neighborhood/HOA has been since its beginnings 38 years ago.

 

[pufferfish]

What a nice neighborhood that you have there.
Our neighborhood was like this before, but now....if those "board members'" expense is out of our property tax, I think we have right to make sure they don't abuse our tax dollars. Beside, we have pay additional "MUD" tax just to get water, plus additional fee on our monthly water bill. Not only that, our school district recently canceled a school bus in our neighborhood. Many middle school kids had to walk along dangerous road to go to school. I think that's wrong. Instead using $8000 a year for a private company to enforce CC&R, they should hire a part-time school driver for our neighborhood.

 

[mom'sfolly]

I think Sonoran Silkies comment that choosing not to enforce a restriction or enforcing it selectively invalidates the restriction. I think you should write a certified letter to your MUD board, letting them know that you will be willing to comply with the deed restrictions if they can show that the document is universally enforced; including restrictions for cats and dogs. Site the laws that pertain to the restrictions. They cannot pick you out of the crowd to enforce restrictions, it is illegal.

If they really cared about home values, they would enforce the look and feel kind of issues, and take care of the common areas. Milwood certainly isn't the highest valued area between Parmer and 183. And I know that there are feral chickens within a couple of miles of Milwood.

Here are some links that might help. This one has specific reference to the laws in Texas

http://www.laborlawtalk.com/showthread.php?t=113161


http://www.ccfjedu.net/HOASELENF.htm

 

[ranchhand]

pufferfish, I wish you luck. Everyone has given you good advice, and it looks like digging and questioning are your tasks. Might I suggest dragging in a couple TV stations and the Statesman? They love a good story, especially when a MUD and a Bill Milburn neighborhood are involved. Maybe get John Kelso in on it? He's easy to reach via email. I lived in South Austin for many years, and Kelso used to get fresh eggs from me!

That was a while ago, hope he's still at the paper!

Good luck and

(all this Austin talk is making me homesick...)

 

[mom'sfolly]

I just looked at Austin's ETJ stuff, and you are due to be annexed in December of this year. I know twelve months sounds like a long time, but I'm guessing that when Austin annexes the MUD, the MUD board gets dissolved and viola, you get city of Austin rules. I think you should call someone with the city of Austin, and see what happens to MUDs when the city annexes. Ask if things like CC & Rs get thrown out if they are MUD not homeowner's rules. This is something that the people downtown should know how to answer, since the city has been growing ameoba-like for quite awhile.

Considering some of the issue when that neighborhood was being built, the board members should be glad their house's are still standing.

Good Luck.

 

[pufferfish]

mom'sfolly :

I just looked at Austin's ETJ stuff, and you are due to be annexed in December of this year. I know twelve months sounds like a long time, but I'm guessing that when Austin annexes the MUD, the MUD board gets dissolved and viola, you get city of Austin rules. I think you should call someone with the city of Austin, and see what happens to MUDs when the city annexes. Ask if things like CC & Rs get thrown out if they are MUD not homeowner's rules. This is something that the people downtown should know how to answer, since the city has been growing ameoba-like for quite awhile.

Considering some of the issue when that neighborhood was being built, the board members should be glad their house's are still standing.

Good Luck.

I did notice few changes on MUD's website. It said "MUD is changing to Clearwater Utility company" Does it mean MUD is taking over by Clearwater Utility?
I also asked my teenager daughter rally some of her school newspaper friends to go to next board meeting. Only if they allow them to get in.​

 

[pufferfish]

Quote:
I am a long time Austin American statesman subscriber and a fan of Kelso. We did send an e-mail to Austin American-Statesman but they did not respond. I also wrote a letter to MUD's manager but since I didn't get anyone in Austin to respond last week, I got depressed and didn't send it.
I thought about Kelso at first, but didn't think he would interest in my story. Another thing, since English is not my first language, it usually take me a while to write.

 

[mom'sfolly]

Legally, they would be in very big trouble if they refused to let someone in a meeting. Texas has an open meetings law, and you can't keep the public out of something like this.

You might be able to get Kelso interested with a fun angle: poultry, pigs and politics, life in an unincorporated area. Why would someone find a few chickens offensive, but not a pig. I think you might have an in with the uneven enforcement with just that issue.

 

[pufferfish]

mom'sfolly :

Legally, they would be in very big trouble if they refused to let someone in a meeting. Texas has an open meetings law, and you can't keep the public out of something like this.

You might be able to get Kelso interested with a fun angle: poultry, pigs and politics, life in an unincorporated area. Why would someone find a few chickens offensive, but not a pig. I think you might have an in with the uneven enforcement with just that issue.

Thanks! I e-mailed Kelso and he is going to call me. I almost gave up all my hopes yesterday....Now I might have chance to take my hens back!!​

 

[mom'sfolly]

Cool, I hope he does your story.