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Old 10-27-2015, 04:02 PM
 
2,898 posts, read 3,600,342 times
Reputation: 3191

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One of the most common schemes is to provide for multiple classes of membership: "A" and "B" classes. One for the developer the other for everyone else. These places are designed so that the developer controls everything for as long as the developer wants to. The restrictive covenants are meaningless because the developer has the ability to unilaterally challenge them so long as the subdivision is under declarant control. If there is a date certain - then the developer can amend before that date to extend the date. If it is a percentage of lots - the developer can up the percentage or add land to the subdivision. If there is a vote multiplier - the developer can increase the multiplier.

Bottom line is there is no right to vote initially. Your vote is then mathematically irrelevant for a long period of time. Until the law was changed in 2011 you didn't have a right to vote or run in board elections even after that point. It wasn't the "developer" doing that to you it was your fellow homeowners. Eventually the "homeowner" votes will exceed developer votes. However, it is not uncommon for this to take many decades. Mueller, for example, is controlled by Catellus until at least 2060 as I recall.

The purpose of the HOA corporation is to shift control away from the homeowners and to shift liability on to the homeowners. It's a problem for the individual homeowner regardless of who is "in charge".

But in the end, aside from concerns about being saddled with developer liabilities, what do you care? An individual homeowner is in no better position when the "homeowners" are in charge. Arguably the individual homeowner is in a worse position. The developer isn't interested in petty squabbles or making your life particularly difficult. There will be fellow homeowners, however, that seek out those positions because they enjoy holding a position of control over you. They will readily "volunteer" for the position and an opportunity to threaten other homeowners.
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Old 12-29-2015, 04:42 PM
 
Location: Sun City Texas
55 posts, read 110,025 times
Reputation: 53
Quote:
Originally Posted by Trainwreck20 View Post
If there is nuisance dust, report it to the TCEQ, Region 11 (Austin Region).

Does the mining operation own the trucks?......Independent truckers are much more difficult. If spilled gravel really is a problem (and truck tires), the sheriffs dept. should be notified.

And finally, there is really no need to notify anyone that there is a quarry across the street - it is visible and at some level the prospective buyers are still responsible for vetting their purchase.
The dust created by the mining is not the biggest issue, although some residents have complained about it.

The trucks are a concern. Just yesterday one overturned at SH195 and Shell Road. Most of the gravel was dumped onto the shoulder of the roadway. Mercifully, no one was hurt. If the truck had flipped over onto the adjoining lane, when it was occupied by a vehicle, it could have been a bad scene.

I raised the issue of the truck weights with the Department of Agriculture, which is responsible for making sure that the scales for weighing the trucks are calibrated properly. They have not responded. I don't expect a response from them.

The mines cannot be seen from Sun City. The most visual indicator of their presence is the trucks as well as the gravel and shredded tires along the aforementioned roadways.

Last edited by JPS1; 12-29-2015 at 05:18 PM..
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Old 01-11-2016, 04:02 PM
 
Location: Sun City Texas
55 posts, read 110,025 times
Reputation: 53
Unhappy Home Owner Association Records

If you are a resident or property owner (member) in an Texas HOA, you can look at and, if necessary, obtain a copy of most of the association's records, e.g. financial data, operational data, etc. The HOA's employee records, as well as any records associated with litigation, are off limits. By the same token a resident cannot delve into the personal information of another resident.


Getting the records requires a resident to complete a written request stating the records desired and a reason for wanting to look at them. The request must be submitted by certified mail.


Detailing the records requested and the reason for wanting them in writing makes sense. But requiring the requestor to send the request via certified mail to the appropriate official, as opposed to regular mail or an email, makes no sense. It is just one more example of how the state legislature helps HOA's create unnecessary barriers for their members.
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Old 01-11-2016, 05:39 PM
 
2,898 posts, read 3,600,342 times
Reputation: 3191
Quote:
Originally Posted by JPS1 View Post
If you are a resident or property owner (member) in an Texas HOA, you can look at and, if necessary, obtain a copy of most of the association's records, e.g. financial data, operational data, etc. The HOA's employee records, as well as any records associated with litigation, are off limits. By the same token a resident cannot delve into the personal information of another resident.


Getting the records requires a resident to complete a written request stating the records desired and a reason for wanting to look at them. The request must be submitted by certified mail.


Detailing the records requested and the reason for wanting them in writing makes sense. But requiring the requestor to send the request via certified mail to the appropriate official, as opposed to regular mail or an email, makes no sense. It is just one more example of how the state legislature helps HOA's create unnecessary barriers for their members.
The purpose of the certified mail was twofold - one to create an additional cost for homeowners and two to force proof that a request was made. Keep in mind there is a trade lobby group known as Community Associations Institute that vehemently opposed voting rights, records access, open meetings, etc. for many, many years. The organization lobbies every legislative session (and in between sessions) to keep homeowners in HOAs as soft targets.

The trade lobby groups members (HOA attorneys, HOA management companies) often promulgate some pretty onerous 'records charges' policies to keep a cost barrier in place. Here's a tip: If you make a records request, include the 10 day litigation notice required by statute into the very first record request.
Tex. Prop. Code §209.005
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Old 01-18-2016, 09:36 PM
 
15 posts, read 15,219 times
Reputation: 21
WE were really interested int the Sun City community but after reading the posts we are concerned. Are the residents happy living in Sun City or do they spend their time complaining about the developers, HOA etc?
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Old 01-19-2016, 12:55 PM
 
788 posts, read 476,033 times
Reputation: 3001
Okay. I'll chime in here after reading all this hoopla about developers, HOA, etc. I bought a house and have lived in SC several months. I like it even more than I expected to. It's quiet and peaceful. It's beautiful. People are friendly and helpful. Wildlife is amazing. Lifestyle is relaxed and active. Honestly, it feels like I live in a park. Age range is quite diverse. I am not retired and am on the young side of the people who reside here, but no one cares about my age. I fit in as well as I want to and haven't seen snooty cliques (although like anywhere else, I'm sure they must exist somewhere).

No issues with the HOA or it's fees. If I golfed, this would be a paradise with two gorgeous courses. But even not being a golfer, the courses are lovely to pass by and see everyday. This feels like a real community, the likes of which I haven't seen since I was a kid. People interact, wave at each other when they pass by, stop to chat for a few minutes when they walk, and offer to help out if needed.

So if you're just looking for a perspective of an average resident in SC, I can honestly say that I have been very pleased with my experience living here. Never having lived in an over-55 community, I can tell you that I was nervous about how it would go, especially since I'm relatively young. I came here just for the prospect of having a quiet, peaceful place to live. But it has turned out to be a very good decision. You can get too many perspectives reading these forums and get confused. At some point you just have to make your own decision based on your needs and priorities, and do it.. or not.. It's not the end of the world if it doesn't work out. I've bought into a neighborhood before in my life that turned out to be not such a great experience. But I couldn't have known beforehand that it wouldn't be a good fit. Luckily, this one hasn't disappointed me so far!

...my .02 worth...
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Old 01-19-2016, 02:30 PM
 
181 posts, read 363,115 times
Reputation: 66
I rented in Sun City for 3 months while my house was being finished in Georgetown. It is beautiful and the people are friendly. Everyone talks and waves to the other residents. Someday I hope to move back.
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Old 01-19-2016, 07:34 PM
 
Location: Leander
222 posts, read 469,510 times
Reputation: 92
Quote:
Originally Posted by caad View Post
WE were really interested int the Sun City community but after reading the posts we are concerned. Are the residents happy living in Sun City or do they spend their time complaining about the developers, HOA etc?
My parents have lived there since 2009 and they love it.
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Old 01-19-2016, 07:53 PM
 
104 posts, read 128,881 times
Reputation: 66
I have lived here 5 years and agree 99% with what BijouBaby said. I love it here and I love Georgetown and all the new growth and stores and restaurants that are coming here.

I can, however, say I have experienced some cliques, disgruntled men and women and people that don't have anything nice to say about anything. But……that is everywhere. I have experienced so many warm hearts and thoughtful folks and I am so happy every time I drive in that front entrance and see all the ponds, trees, landscaping and lovely homes that I am part of this growing community.

I have never experienced any bad moments with the Community Assoc. management or staff. They do an excellent job of keeping us happy.

If you asked what was my favorite thing (I don't golf), my answer would instantly be the wonderful bus trips they arrange for us. We go on day trips, all the performance theaters in Austin, restaurants, fairs, antique venues, etc. Then we have events all year round in our big ballroom that keep us entertained. I don't like to drive outside SC at night, but I only have to drive one mile from my cottage to the Ballroom for any event and that is perfect, even in winter when it's cold.

This is the best decision I ever made in my entire life.
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Old 01-20-2016, 08:29 AM
 
2,898 posts, read 3,600,342 times
Reputation: 3191
Quote:
Originally Posted by BijouBaby View Post
... Age range is quite diverse. ...
Interesting definition of "diverse" considering it is an "age-restricted" subdivision.

Quote:
Originally Posted by BijouBaby View Post
This feels like a real community, the likes of which I haven't seen since I was a kid.
Maybe your idea of a "real community" is one where you are not welcome? The irony in your statement is incredible considering the intentional exclusion of children from the subdivision. Pretty sad if that's what you viewed as a "real community" when you were a kid.

You probably did not see a place like this when you were a kid unless you were only visiting without the knowledge that you were not welcome there. You wouldn't have thought highly of it because it was created with the objective of excluding you.
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