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.

3 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.

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