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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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