Advice needed re: HOA

ChesterAtkins :
Call
Dirty Deeds Done Dirt Cheap

SpaceCat : Incorrect. Those town homes and patio homes have had the same management company for years. The problem is the board.

ChesterAtkins :
Didn't they change some laws that apply to HOAs so their powers are more limited?

ChesterAtkins :
What village are you in. Texas state govt. made some changes to what HOA can control. As I remember we can now fence in our entire yard where as before you could not fence past the front setback of your house. some other changes were also made

bigcity : Just the top of the fence is visible from the street (none of the rot boards are). M&D Fencing came over earlier to explain why 2x12 rot boards were necessary. Structural integrity from wind events, the several juts in height, etc. Pretty much everything is advantageous about it as far as fence design/functionality/durability goes, so really the HOA is only talking about aesthetics here (which of course is also important). I'm scheduling a hearing for next week.

dac2010 : Trumpwon : WWdiver : jlc1938 : I believe that law still allows them to enforce the design part of the fence, though. So it doesn't appear that law would be on my side in this situation? I don't know though. I just Googled it

ChesterAtkins: Make sure you read your DCCR docs to get handle(ammunition) on fence specs. If the HOA Is insistent on the 6" rot board, I would ask them to show you the specs they're trying to enforce. Aesthetics? No one can see it but you.

ChesterAtkins : It could be that the real issue is that your fence is now higher that others around it. If thats the case and the fence doesn't require dog-eared pickets, you could cut off the top of the pickets to match the other fences.

As a former board member go to the next HOA meeting and present your fence with pictures and ask for a variance. Unfortunately you cannot change a deed restriction in Texas without a mail out vote and a 3/4 responses from the residents But the board can approve a variance's . We did all the time. A few years back the Texas legislator passed a law that said the HOA board cannot approve/disapprove of any improvements or work it is an independent committee that does this approval. They have to follow the deed restrictions to the letter even thought they are outdated. We use to look at all the proposals at the meeting and say ok (except for outrageous things). An example or the new garage doors that look really nice but they are not on the 1980's approval list. So they come the meeting and we say yes. Keep the letter that gives the approval because when you go to sell your house you have to show the HOA approved your improvements.

ChesterAtkins: Have a walk around and look at the fences of your neighbors....take pictures if you find any that have the same 12 inch rot board or are in need of replacing...and use this at your hearing...Good luck