Why no sidewalk from driveway to backyard (Austin, Fort Worth: home builders, landscaping)

[motherofthree]

Here's a picture of a decomposed granite one here in Round Rock.

[XLadylawX]

Originally Posted by motherofthree

Here's a picture of a decomposed granite one here in Round Rock.

Exactly what we have in mind only in concrete. That would be a viable alternative should the HOA balk at our plans.

This would prevent a well worn dirt path in the grass and keep our refuse can from getting muddy gummed up wheels. Also, no tracking dirt in after taking out the trash.

Thank you.

[XLadylawX]

Second attempt. Here is what we have in mind. Very similar to the DG walk posted by motherofthree.

[centralaustinite]

All I can say is check your impervious cover limits!

[achtungpv]

You can always to pervious concrete. That should get you around the impervious cover limits.

[eichlerfan]

Originally Posted by XLadylawX

The sidewalk should look the same as the walkway leading to the front door only it will go under the fence and will have landscaping on either side. The lawn mower will pass over it the way it would over the driveway or the walkway to the front door.

From an aesthetic point of view, I think it looks more attractive than a dirt path worn into the grass. I suppose as an alternative we could use flagstones which look nice but unfortunately shift and buckle over time.

I have also seen crushed granite which looks really nice and won't shift like flagstone will. Actually in our old house back in CA, we put in a side patio which was flagstone filled in with crushed granite. Just some of your options.

[10scoachrick]

Those walkways look like they are creating some water-holding areas next to the house. If properly filled in, there shouldn't be a problem but if the grade is lower than the walk, they'll have a large bathtub effect, holding the water that can't drain away. Another reason for DG or something similar, IMO.

BTW, our ~18" diameter flagstones haven't shifted in the 2+ years we've been here. They are bordered by the grass.

[IC_deLight]

If this is HOA-burdened property, then what is the name of the HOA corporation and who is the managing agent?

The managing agents typically file a "management certificate" with the county clerk. You may be able to find out who the managing agent is (if any) by checking the county clerk records. While you are there, you should also check to see if a "resolution" purporting to allow the HOA corporation (or its managing agent) to re-characterize assessment payments has been filed. This document purports to allow the HOA corporation (or its managing agent) to extort monies wholly unrelated to assessments from you under threat of foreclosure on your home. That is in fact the purpose of the document. You may also find this listed under "fining resolution". The documents frequently purport to also create a private fining power for the HOA corporation (and its managing agent).

The re-charcterization typically purports to allow the HOA corporation (and therefore the managing agent) to apply your payment to a number of things OTHER THAN ASSESSMENTS without the homeowners consent and "notwithstanding any notations on checks or transmittal letters". So after you pay the assessment, they recharacterize the payment to something else and proclaim you to be in arrears on your assessments. You see the purpose of fining and this scheme is to entange your assessment payments with other items to drum up junk fees benefitting the management company and HOA attorney. This invites "late fees" from the management company and "attorney fees" from the aligned HOA attorney. These fees will "prioritized" above your assessment to enable these entities to continue extracting money from you under threat of foreclosure on your home. If such a document has been recorded for the subdivision - you may want to reconsider your purchase decision.

You may want to consider getting a resale certificate PRIOR to closing for the following reason: If the resale certificate has no mention of monies owed or an alleged violation of restrictive covenant and such a condition existed at the date of preparation of the certificate, then the HOA corporation (or its agents) cannot raise that issue after you purchase the property. Of course they will demand $200-$300 to provide the resale certificate that has such information prior to the sale. Be wary of what the management company delivers - some will not actually sign the resale certificates they are selling and resale certificates are only valid if signed. It is not uncommon for a management company to proclaim that the buyer owes money to the HOA corp (the managing agent being the collector of course) by claiming that the previous owner owed money and the house is security for payment.

If you are buying a new house, the builders do not warranty that the property is in compliance with restrictive covenants - and the builders are usually immune from action by the HOA corporation because the builders either control the HOA corporation or have contracts with the developer controlling the HOA corporation. However, the buyer is a sitting duck for the HOA management company which profits from accusations of violations. The resale certificate is an estoppel certificate against alleged breaches of restrictive covenants that existed as of the date of preparation of the certificate but are not disclosed on the certificate.

Some of the stunts that managing agents engage in include:
a) charging you an additional fee to "consider" your application
b) threatening you for failing to submit an application (and payment) to them
c) delivering unsigned documents back to you
d) "denying" your application without any indication/signature from those actually tasked with making that decision


Also some of these HOA corporations are charging significant amounts of money for submitting "requests for improvement". You may want to take several pictures of the property just prior to closing so that you can prove up later on what the property looked like at time of purchase. If using a digital camera, make sure that the date on the camera is set correctly to accurately reflect the date. The camera will embed that date in the digital picture.

[10scoachrick]

Originally Posted by IC_deLight

If this is HOA-burdened property, then what is the name of the HOA corporation and who is the managing agent?

The managing agents typically file a "management certificate" with the county clerk. You may be able to find out who the managing agent is (if any) by checking the county clerk records. While you are there, you should also check to see if a "resolution" purporting to allow the HOA corporation (or its managing agent) to re-characterize assessment payments has been filed. This document purports to allow the HOA corporation (or its managing agent) to extort monies wholly unrelated to assessments from you under threat of foreclosure on your home. That is in fact the purpose of the document. You may also find this listed under "fining resolution". The documents frequently purport to also create a private fining power for the HOA corporation (and its managing agent).

The re-charcterization typically purports to allow the HOA corporation (and therefore the managing agent) to apply your payment to a number of things OTHER THAN ASSESSMENTS without the homeowners consent and "notwithstanding any notations on checks or transmittal letters". So after you pay the assessment, they recharacterize the payment to something else and proclaim you to be in arrears on your assessments. You see the purpose of fining and this scheme is to entange your assessment payments with other items to drum up junk fees benefitting the management company and HOA attorney. This invites "late fees" from the management company and "attorney fees" from the aligned HOA attorney. These fees will "prioritized" above your assessment to enable these entities to continue extracting money from you under threat of foreclosure on your home. If such a document has been recorded for the subdivision - you may want to reconsider your purchase decision.

You may want to consider getting a resale certificate PRIOR to closing for the following reason: If the resale certificate has no mention of monies owed or an alleged violation of restrictive covenant and such a condition existed at the date of preparation of the certificate, then the HOA corporation (or its agents) cannot raise that issue after you purchase the property. Of course they will demand $200-$300 to provide the resale certificate that has such information prior to the sale. Be wary of what the management company delivers - some will not actually sign the resale certificates they are selling and resale certificates are only valid if signed. It is not uncommon for a management company to proclaim that the buyer owes money to the HOA corp (the managing agent being the collector of course) by claiming that the previous owner owed money and the house is security for payment.

If you are buying a new house, the builders do not warranty that the property is in compliance with restrictive covenants - and the builders are usually immune from action by the HOA corporation because the builders either control the HOA corporation or have contracts with the developer controlling the HOA corporation. However, the buyer is a sitting duck for the HOA management company which profits from accusations of violations. The resale certificate is an estoppel certificate against alleged breaches of restrictive covenants that existed as of the date of preparation of the certificate but are not disclosed on the certificate.

Some of the stunts that managing agents engage in include:
a) charging you an additional fee to "consider" your application
b) threatening you for failing to submit an application (and payment) to them
c) delivering unsigned documents back to you
d) "denying" your application without any indication/signature from those actually tasked with making that decision


Also some of these HOA corporations are charging significant amounts of money for submitting "requests for improvement". You may want to take several pictures of the property just prior to closing so that you can prove up later on what the property looked like at time of purchase. If using a digital camera, make sure that the date on the camera is set correctly to accurately reflect the date. The camera will embed that date in the digital picture.

Just when you thought it was safe...

[thesonofgray]

Originally Posted by XLadylawX

Second attempt. Here is what we have in mind. Very similar to the DG walk posted by motherofthree.

Attachment 68641

Attachment 68642

To each their own, but I think that's really ugly. I'd much rather have a nice stone walkway. Sure, the stones shift, but that's actually a good thing - it helps prevent the stones from cracking. Plus, I like a more natural look.