Enforcement of C&R Violations

COVENANTS & RESTRICTIONS ENFORCEMENT

Dear Steeplechase Homeowner,

As most of you know, the Board of Directors has successfully collected thousands of dollars of delinquent homeowner dues via Foreclosure Proceedings. Texas State Law permits foreclosure procedures to be instigated on homeowners for delinquent dues and assessments. These proceedings were filed on homeowners who exceeded three years delinquency. All foreclosure proceedings exceeded three years in delinquency, some up to 10 years and a couple who had never paid dues. Hundreds of attempts have been made by the Board in the past 20 years to collect past dues with little success. The Board will continue to instigate foreclosure proceedings as they exceed three years delinquency. All delinquencies will incur ten percent interest.

The Board has received numerous complaints over the years about homeowners who ignore the Covenants & Restrictions even after warning by the Board and by the City of Kennedale. Rules and Laws are ineffective if there are no consequences for violations. As a result, the Board plans to set up procedures to access automatic fines for those who ignore warnings of violations. Texas State Law permits fines in the same category of late dues and assessments regarding interest. A schedule of fine assessments will be published within a few days. A residence cannot be sold, conveyed or transferred until the debt is cleared.

In addition, the following will be adopted by the SHOA as per Texas State Law: Payment plans will range from 3 months to 18 months and will be filed along with the Real Property Records. Failure to adhere to an agreed plan will negate another payment plan. An administration fee will be assessed to handle the plan retroactive to August 2019.
Please review Article II, Section 1-C and Article VI, Section 2 of your C&R and 2019 Texas State Law regarding HOAs for verification of the above.

Your Board is dedicated to maintain the beauty and attractiveness of our community. These enforcement proceedings will serve to ensure our community is well maintained. We appreciate your cooperation and concern regarding its maintenance. Please report any thing that degrades the beauty and serenity of our community to the Board.

Sincerely,

SHOA Board of Directors

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August 19, 2019

FINES FOR C&R VIOLATIONS

Attention Steeplechase Homeowners: Pursuant with the August 15 posting, the Board of Directors has set fines for C&R violations in the amounts of $20 to $50 per month until cleared. Residents will be given 30 days notice to correct the violation. Chronic and Repeat violations will be subject to Fines immediately upon discovery.

Many residents may wonder why the Board has decided to assess fines after years of apparent ignoring the violations. Actually, they were not ignored as hundreds of letters, many certified, were mailed but ignored by the resident. With no enforcement method, the Board was somewhat helpless. Recent State Laws has given HOA Boards more latitude to encourage all residents to abide by the C&Rs.

Consequently, those residents who have been in violation for years claiming “grandfather privilege” will no longer be allowed to do so.

Again, please cooperate with our community Board of Directors and report what you deem a C&R violation.

18 thoughts on “Enforcement of C&R Violations

  1. Grady, I cannot locate any such Texas Law that was signed into place in 2019 on the capital.texas.gov Texas legislature Online website giving authorization to Texas HOA’s to allow fining the homeowner if they are in violation of the C&R and allowing the HOA to establish such fines without it written into the bylaws. If you could please provide and as you know to get our bylaws changed requires 2/3 of our neighborhoods vote, per our bylaws.
    I am also not sure you are aware of a law commonly known as “Mailbox Restriction”.
    As you have been driving to some homes in our neighborhood (mine included) and placing unstamped mail from the SHOA in our mailbox’s. Below is the Information regarding the law and how much you/SHOA board can be fined. A report has already been filed with the Kennedale Post Office.

    The U.S. Code for crimes and criminal procedure prohibits the placement of unstamped flyers in any mailbox. Title 18, section 1725 states that any person who knowingly deposits “mail-able matter” without postage in an established letter box shall be subject to a fine.

    The Government Accountability Office reports that fines may be as high as $5,000 per occurrence for individuals and $10,000 per occurrence for organizations.

    This law is commonly known as the “mailbox restriction.”

    The restriction also includes anything placed upon, supported by, attached to, hung from, or inserted into a mail receptacle.

    1. Katrina,
      Look under the legal tab on the home page. It is posted there. You know what else it says? This is copied directly from the document:

      o If the board is presented with written, documented evidence from a database or
      other record maintained by a governmental law enforcement agency that a board
      member has been convicted of a felony or crime involving moral turpitude, the
      board member is immediately ineligible to serve on the board.

      So, say a board member pled guilty to repeatedly shoplifting from, say, WalMart, that would constitute a crime of moral turpitude, and therefore that board member would be ineligible to serve on the board.
      I wonder it that applies to any of our current board members?

  2. Skip and Katrina your on it!
    If you have evidence, then that person and anyone who knew on the board should be removed.
    This Board does not care one bit about you! Empathy from them, Forget it! All they know how to do is threaten. How Petty!

    I see that they selectively enforce the C&R’s., but fail to respect the rights of owners under the Law, more specifically other provisions of the Texas Property Code. They arrogantly fail to follow the advice of the law firm that they hired. That letter, even though it is flawed and leaves out other important provisions, spells out exactly what they can do and the procedure to do it. Still, they still wont follow the advice of their own lawyer.

      1. Thanks you James! Yes Victor I got the letter & info yesterday. That made my day! Thank you for all your research & work on that. I think 99% of the issues have been from Grady Fuller. In my opinion it has probably been Grady strong arming the rest of the board to do whatever he wants. But I cannot say for sure. Having him removed from the board due to the information you provided in the letter is a reasonable request & see no reason why they shouldn’t comply. But Grady will go to the board & complain about any & everything if someone is doing something against the bylaws or that he doesn’t like.
        Once he is officially removed that position will need to be filled. In the past it has been hard to find homeowners that want to be on the board. That is why these board members have been on the board so long.

        Thank you both
        Katrina Rivers

        1. Katrina, I was the one who mailed the information. Maybe if Grady is removed, more people will want to get involved. The only involvement I want is the dissolution of the HOA. It serves no purpose whatsoever. The city code is sufficient and we have no community property except for a few islands and they don’t even to a good job of managing those.

          1. Mr. Krieger, it was obnoxious to receive your trash in our mail.
            Send your gripes to someone else. You are the worst offender by far and You must have too much time on your hands. There is a correct process for these things. Not sure what your agenda is but hate. Please feel free to move. I don’t like some things on the HOA but your tactics stink. Who’s manipulative now? Are you going to investigate the whole neighborhood?

  3. Fellow SHOA member’s I originally posted this on “contact us” when
    I should have replied here, so I am cross-posting my comment here. I have also corrected a comment from my first post, you will see the correction and strike-through of my original comment.

    While I understand wholeheartedly the frustration of Steeplechase homeowner’s, the problem is the sender of the letter regarding the board member, only quoted part of the Texas Property Code.

    Therefore, I am going to quote subsection (b) in its entirety so EVERYONE can accurately determine if there is an issue, but first I would like to say I personally believe that this is a non-issue for the Board because…

    1. It must have been presented to the board within 20 years.
    a. Since this occurred in 1996, this is no longer actionable.
    and
    2. It must have been a felony OR a crime with moral turpitude.
    a. This is a “Class B Misdemeanor 50-500 theft” not a Felony.
    b. Or, the conviction would have had to have “with moral turpitude” attached.
    i. There is no “moral turpitude” conviction by itself in Texas from my research.

    09/05/2020 added. The sender of the letter states “the board member was convicted of theft and assault”. The only ‘’assault” comment I see is in the booking document under “Criminal History”. Assault is not a crime of moral turpitude, nor is there a charge of assault on this booking document. I AM NOT AN ATTORNEY, I just like to try and understand the facts for myself.

    Sec. 209.00591. BOARD MEMBERSHIP.
    (b) If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member was convicted of a felony or crime involving moral turpitude not more than 20 years before the date the board is presented with the evidence, the board member is immediately ineligible to serve on the board of the property owners’ association, automatically considered removed from the board, and prohibited from future service on the board.

    *************************************************************************************
    TO THE HOA BOARD:
    Obviously, this is a sign that you are still perceived in acting in a high-handed manner.
    In my opinion you are STILL misinterpreting the covenants… we have 7 covenants for our subdivision and only THE one in that homeowner’s deed / property address is enforceable for that homeowner.

    Unfortunately, because there are different requirements in each of the 7 covenants, the builder rendered some sections unenforceable because EVERY homeowner in our subdivision deserves the same right of property enjoyment under the law… and you should know this too!

    09/05/2020 – I am striking through the following section because while the SHOA website says “EXISTING CNR’s (7 sets broken down into two sets each for size management)” they actually have a confusing mishmash of complete and partial covenants linked. Giving an incorrect impression of the CNRs for your property. The HOA can only enforce the covenants attached to your property. You should be able to find them on the Tarrant County website where your deed was recorded.

    discovered I cannot strike-through on a comment. I will mark with double angle brackets the original comment to ignore… <>

    It looks as if you are trying to make the covenants read the way you want to enforce them. It could get the HOA sued.

    Also, you keep trying to make parking an issue… it is more than likely unenforceable due to the multiple differences in the covenants… it has been a long time since I looked but I believe the only probably enforceable parking rule is for trucks of more than 3/4 tonnage – not they weigh more than 1500 pounds but they can handle a payload greater than 1500 pounds. That is my opinion from my research. If you want to be sued then fine people for parking, that would be the true test of the parking issue.

    Kennedale only has requirements for public property / public streets, not a homeowner’s private driveway. So quit quoting Kennedale ordinances incorrectly. The euphemism you use “large vehicles” in your post, PARKING OF LARGE VEHICLES July 18, 2020, is not a definition found in the city codes.

    Sec. 22-46. – Parking of trucks, trailers, commercial vehicles.
    (a) It shall be unlawful for any person to park or remain standing on any public street or public parks or parking lots or public property within the city limits or within any recreational area (including lots) any truck tractor, semitrailer, trailer or commercial motor vehicle.

    Please do your research correctly and quit making up what you want to fine on… Have an attorney review your communications… believe me someone could end up suing the HOA. Which could force all of us to reach into our pocketbooks to pay the Attorney fees for someone on the HOA Board’s desire to have the rules the way they want them.

    1. Misdemeanor theft involves moral turpitude. See Milligan v. State, 554 S.W.2d 192 (Tex. Crim. App. 1977). “It is observed that a misdemeanor conviction for theft involves moral turpitude and can be used for impeachment. Poore v. State, 524 S.W.2d 294 (Tex.Cr.App. 1975); Avilla v. State, 493 S.W.2d 233 (Tex. Cr.App.1973).”

  4. Apparently my attempt to let you see the original comment I corrected by using a strike-through font, then double angle brackets is getting handled by the HTML encoding and making the comment disappear. I will list the original comment here that I consider invalid…

    You cannot create 2 legal covenants from the 7 actually attached to each homeowners deed. Please quit combining the legal covenants into 2 documents on the SHOA website.

  5. In case the rest of the HOA home owner and members do not know, Mr. Krieger had all the the HOA board members investigated with the intent of finding enough “dirt” so he could leverage the info to get us to resign from the HOA board. I suspect if he does it to the board, then he would do it to anyone else he has an issue.

    1. I just searched for public information on the board members to make sure that they are eligible to serve. I found that Grady Fuller is a confessed criminal by submitting a Freedom Of Information Act (FOIA) request to the applicable law enforcement agency and I was provided with his public information (dirt). Anyone could do the same.

      According to the information that the HOA posted on this website as justification for assessing fines against members and possibly foreclosing on their homes, it states that Grady Fuller is ineligible to serve on the board. I felt that all the members have a right to know this information. I also included the demand I letter I sent to the SHOA. As of today, I have not received a response. The document I am referring to is here: http://steeplechasehoa.us/index.php/legal/ under HOA Statutory Update.

      Grady Fuller is dirty. There is quite a bit of other information about him that I could have disclosed. I feel that what I provided is enough to disqualify him from serving as an officer of the board. As for your suspicion that I would “investigate” anyone else, if you want to serve on the board you should be prepared to show the members that you are not a criminal. If you won’t, I will.

  6. Why does such a small HOA have so many meetings and issues? I’ve seen higher end HOA’s where they meet once a year. No bickering, etc.
    Do we even need an HOA? Even with an HOA there are house offenders, yard offenders, speeding offenders, parking offenders, etc. Did having an HOA help with these? No.

    1. I have been to the meetings. My husband attends all of them. They discuss the things you mention. Plus the budget & any other issues. Not many usually attend. 10 or less most of the time from what my husband tells me. I wish they would just have at the end of a street or cul-de-sac. Would be more convenient for some & more inviting to the community. Especially when there is beautiful weather. We used to have them in the Presidents back patio or house.

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