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Legitimate Grievance?

Legitimate Grievance?

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by: Drekonix Active Indicator LED Icon 5 OP 
~ 9 years ago   Jan 26, '15 3:18pm  
There is an interesting story in the Tribune today about homeowners in the Royal Shores community that I wanted some opinions on. I'll give you a brief overview. The homeowners, the Curran family, chose a spot in Royal Shores to build their dream home which is located near a reserve area with access to Lake Houston. At the time of building the home the reserve area was maintained, ie. mowed by the Community Association. The Community Association has since changed their policy and stopped maintaining the reserve area allowing it to return to a more natural state, tall grass, brush and saplings. The Curran family argues that it depreciates the value of their home, limits access to the lake, and that when they built the home there was some explicit promise to maintain the area.The Community Association attempted to settle the matter by offering to mow a 5 foot wide strip of the area allowing lake access directly behind the families home. The family however refused and is now taking the matter in front of a judge. To muddle the situation further the Curran's neighbor, a Mr. Combs, is a member of the association and has expressed that he prefers the area to remain natural. The Tribune has promised to publish the outcome of the lawsuit when it's decided. Quoted from the article:"The outcome of this dispute is one that could easily affect the relationship of all homeowners and their associations throughout Kingwood and the state of Texas"Source: http://ourtribune.com/article.php?id=18094 4951
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elguapo Active Indicator LED Icon 15
~ 9 years ago   Jan 26, '15 3:29pm  
It should be written into law that if any member of an association fail to keep what they promise, we can strike their knee caps off with a blunt object of our choosing. 4951
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Francita Active Indicator LED Icon 17
~ 9 years ago   Jan 26, '15 3:30pm  
*eye roll* rich people.
 
Why couldn't they be happy with a five foot section?Keeping it mowed has nothing to do with property value. Its not like it's Bubba Smith's yard that lives next door to you. It's a natural area. If you have a home built on the lake you can afford to have your own landscapers mow it. Plus it's not their land. They have no say. It a nature reserve. 4951
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ProblemAgain Active Indicator LED Icon 10
~ 9 years ago   Jan 26, '15 3:31pm  
it's actually just a case of contract law"They want to return the reserve area in question to the condition it was
in when they bought and built their “dream home.” They believe that is
the way it was implicitly and explicitly promised to remain when they
chose to live there."If it was not EXPLICITLY stated that said property was to be maintained by the association, then the owners association is not on the hook. if they don't own the land a, they have no duty to maintain it. in fact if a piece of land is owned by another entity, that entity can tell others including associations seeking to maintian property that to do so is trespassing. the problem with all this crap is that often it devolves into a he said, she said  involving what promises are dimly remembered to have been made at the time of the sale thus the argument becomes about what is in the printed contracts. much the same as selling a property with an ocean view, there is no guarantee your view will remain the same 4951
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Stealth83 Active Indicator LED Icon 16
~ 9 years ago   Jan 26, '15 4:02pm  
Removed By Request 4951
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WskyTngoFxtrt Active Indicator LED Icon 10
~ 9 years ago   Jan 26, '15 4:05pm  
I mow the 50 foot wide easement next to my house every 3 weeks or so because the landscapers bring a tractor and mow it way too high. I'm not sure why these people can't maintain it to their liking or hire someone to do it. 4951
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Jake_Bob Active Indicator LED Icon 1
~ 9 years ago   Jan 26, '15 4:14pm  
When I bought my place, I was told that I wouldn't have to pay City of Houston taxes.   Who can I sue?? 4951
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ctl74 Active Indicator LED Icon 10
~ 9 years ago   Jan 26, '15 4:26pm  
First World Problems. *sigh*
  4951
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BooBear Active Indicator LED Icon 16
~ 9 years ago   Jan 26, '15 4:28pm  
This person used to be on here a lot talking about this..maybe before everything was deleted? I don't remember their name. 4951
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ProblemAgain Active Indicator LED Icon 10
~ 9 years ago   Jan 26, '15 4:38pm  
"I'm gonna sue cause your *** wasn't this big when we got married!"(and don't laugh....suits like that have been filed by both husbands and wives) 4951
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Fallon Active Indicator LED Icon 18
~ 9 years ago   Jan 26, '15 4:50pm  
Removed By Request 4951
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ProblemAgain Active Indicator LED Icon 10
~ 9 years ago   Jan 26, '15 4:59pm  
they are going to be very disliked by the other homeowners in that development because the odds are there will be a special assessment to pay for the legal defense to this lawsuit. and it may bite them in the *** since the hoa can countersue for a laundry list of accusations such as damage to reputation and they can also seek to recover all the hoa's legal fees and costs. 4951
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fcabanski Active Indicator LED Icon 16
~ 9 years ago   Jan 28, '15 3:08am  
They can take it to a judge, but if I were them I'd love it in a more natural state. 4951
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Love2Run Active Indicator LED Icon 9
~ 9 years ago   Jan 28, '15 7:33pm  
This 'fight' has been ongoing for some time. It's difficult for any of us to pass judgement...we aren't privy to the details of the homeowner's purchase details and/or what they were promised. 4951
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friday1 Active Indicator LED Icon 9
~ 9 years ago   Jan 28, '15 7:42pm  
Sounds like a snob prob. All in a tissy over mowed grass good God. I still remember people refusing to fish out of lake Houston its deemed the dirtiest in Texas. I know its the river on the map but to me its still the lake. 4951
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youwhosuz Active Indicator LED Icon  New Member
~ 9 years ago   Jan 28, '15 10:09pm  
If this natural area was deeded to the HOA, then the board of directors have the authority to maintain, or not. The owner can't force the HOA to maintain this. The HOA could, out of courtesy, budget for it next year. Likey was promised to the owner that it would be maintained by the sales person, they'll say anything to close the deal.
 
I manage on-site, an association with 3,300 homeowners, jurisdictional wetlands, and numerous amenities. Good luck. 4951
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