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1106 Trowbridge
Houston, Texas 77062
April 4, 2000


The Honorable John Cornyn
209 West 14th & Colorado St.

P.O. Box 12548
Austin Texas 78711-2548

Dear Mr. Cornyn:

My husband and I are senior citizens. We have worked very hard and have a beautiful home in Clear Lake City, Texas. We try to maintain that home above the community standards in our neighborhood. We received a letter from the Clear Lake City Community Association, Inc. about an "apparent" deed restriction violation on our part saying that we needed to paint our house, remove the mildew from our gutters, and repair our driveway in one section. In their last letter, they threatened legal action unless we complied with their demands within thirty days. In reviewing our restrictive covenants of record, we have found no reference to any such "apparent" violations.

Our Board of Trustees has instituted and are trying to enforce "maintenance guidelines" above and beyond those contained in our original deed restrictions under the auspices of the Texas Property Code, Title 11, Chapter 204. We believe they that have over-stepped their authority. Our deed restrictions provide for a legal method for modification. It may well be that the Board has been influenced by their attorney and the Association general manager to prosecute "apparent" deed restriction violations beyond their legal authority. If so, that is truly unfortunate for the residents of this community.

We try to maintain our home above community standards. It is obviously in our best interests and those of our neighbors to maintain property values. We fully understand this and will do so within our own budget and circumstances. We do not need our community association to try and enforce arbitrary standards crafted at the whim of any Board of Trustees, general manager, or lawyer beyond our recorded deed restrictions. We are in the process of correcting our "apparent" deed restriction violations, although we believe they are really not violations under current Texas law. We do not believe Chapter 204 applies in our case. We are making repairs to our home at our own volition, and not because someone threatened us!

Community associations are the most powerful political entities in our daily lives, and yet they are the most unregulated. We need strong oversight of community associations beyond what the average citizen can provide. Often times the Board of Trustees listens to their lawyer and the general manager instead of relying on their own common sense or input from the citizens to judge what is right for our community. That is a very dangerous situation. Trustees are uncompensated and should serve only as a result of civic responsibility. Lawyers and general managers or property management companies are "hired guns" and may serve only for their own special interests. There is absolutely no room for special interests at the "grass roots" political level. We implore you to see that community associations are regulated, have appropriate oversight, and are totally responsive and accountable to those they are supposed to serve!

The Clear Lake City Community Association, Inc. is one of the largest community associations in Texas. It may deserve your special attention. We are tired of being abused by those elected to serve us.

 

Sincerely,

 

John and Evelyn Curtiss

 

 

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