Cypress Village HOA

mfeidler · Joined: 13 Oct 2008 Posts: 7

When will the HOA be repairing the fence that was damaged along Harkey and righting the trees too?

Thanks
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Mike on Cypress Village Drive

Rob · Joined: 06 Jul 2007 Posts: 155 Location: CV Section 1

Mike,

We are currently consulting our lawyers to confirm whose responsibility the fencing bordering Magnolia and Harley is. I expect a determination to be made shortly.
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Rob Nunez

mfeidler · Joined: 13 Oct 2008 Posts: 7

I find it very interesting we need to pay a lawyer to interpret our own "Decleration of Covenants, Conditions and Restrictions for Cypress Village, Section 1"

Someone just needs to read Section 2.11 (f) Special Provisions.

The developer (or successor, the Association) has already excersised his right to install a fence on the perimeter. Furthermore, it clearly states "with said fences and/or walls to be maintained by the association."

It will be interesting to see a Lawyer's interpretation.

main·tain (mn-tn)
tr.v. main·tained, main·tain·ing, main·tains
1. To keep up or carry on; continue: maintain good relations.
2. To keep in an existing state; preserve or retain: maintain one's composure.
3. To keep in a condition of good repair or efficiency: maintain two cars.

Thanks,
Mike
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Mike on Cypress Village Drive

Rob · Joined: 06 Jul 2007 Posts: 155 Location: CV Section 1

Mike,

Thank you for your due diligence. We will investigate this and get back to you soon.
_________________
Rob Nunez

ChadHammons · Site Admin Joined: 07 May 2008 Posts: 127

While this is still being investigated, I wanted to add a note for anyone who reads this... I suggest they go back and carefully read sections 2.11 (d), and 2.11 (b).

Reading all of 2.11 may give better context than the selected bits quoted here.

mfeidler · Joined: 13 Oct 2008 Posts: 7

Ok, I called to follow up on this a month ago and was told by Houston Community Management that the perimeter fence on Harkey and Magnolia would be repaired by the POA / Insurance and the delay was they had to go out for bids.

Today I receive a letter in the mail saying it will be the Home Owner's responsibility to fix all perimeter fences.

Now I'm not happy. My fence has been setting at an angle for months and the wood is probably warped where it can no longer be dug around and straightened.

If this is in fact the case and the fence requires total replacement the POA will now owe me a check.

Thank you
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Mike on Cypress Village Drive

ChadHammons · Site Admin Joined: 07 May 2008 Posts: 127

Mike,

We (the board) understand your concern, but it would probably be best to clarify a few points.

The first thing to point out is that the deed restrictions list all fences, including the perimeter fences, as the responsibility of the home owner. This is the first time our association has encountered a loss like this, and the board was trying to find a way in which we could help the homeowners during this time. We were investigating the possibility of helping with the perimeter fence, but ultimately our decision that we couldn't help with the fence was based on our current insurance policies as well as the legal advice we received when looking into our options. Again, this is the first time we've had to deal with a loss like this, so there was a lot of learning we had to do as an association to get to this point.

Have you contacted your personal insurance carrier regarding your loss, and has payment been issued for repairs on your fence? Many of the homeowners on the perimeter have already received payment for such repairs, and there are many legal issues that would keep us from filing a duplicate claim on a single loss.

Regarding the fence leaning for an extended period of time, please realize that what did the most damage to the 4x4's and the 2x6's in the fence was the hurricane force winds. Even the fences that were repaired immediately after Ike had to have some of the wood replaced because of the warping the hurricane caused. It is likely that the hurricane would be the cause of any fence replacements that have to be made. Again, we recommend you discuss this with your personal insurance carrier.

Thanks,
The HOA Board of Directors

mfeidler · Joined: 13 Oct 2008 Posts: 7

Thanks for your replies. I have since straighten my fence and it came out ok.

Maybe we can have the landscapers revisit the perimeter trees as the fences are being fixed.

I certainly want our neighborhood to look the best it can.

Thanks,
Mike
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Mike on Cypress Village Drive

Rob · Joined: 06 Jul 2007 Posts: 155 Location: CV Section 1

Mike,

The landscapers will return to straighten out the remaining trees once all the fences are repaired.
_________________
Rob Nunez

mseducator · Joined: 03 Dec 2008 Posts: 6

Ok... as the letter from the HOA has stated, we as the residents are responsible for the fence within the inside of the perimeter of our home. I for one and as many have finished replacing their fence. Now, I would like to know when the HOA is going to do their part. Because it sure is taking them a LONG time to replace their part. I think with these nasty HARRASSING letters the management company sends, they should also do their part LIKE FIX THE FENCE. I am really tied of seeing the fence in my community all bent out of shape.

Rob · Joined: 06 Jul 2007 Posts: 155 Location: CV Section 1

Please note our reply on Dec. 09, 2008 quoted here:

We (the board) understand your concern, but it would probably be best to clarify a few points.

The first thing to point out is that the deed restrictions list all fences, including the perimeter fences, as the responsibility of the home owner. This is the first time our association has encountered a loss like this, and the board was trying to find a way in which we could help the homeowners during this time. We were investigating the possibility of helping with the perimeter fence, but ultimately our decision that we couldn't help with the fence was based on our current insurance policies as well as the legal advice we received when looking into our options. Again, this is the first time we've had to deal with a loss like this, so there was a lot of learning we had to do as an association to get to this point.

Have you contacted your personal insurance carrier regarding your loss, and has payment been issued for repairs on your fence? Many of the homeowners on the perimeter have already received payment for such repairs, and there are many legal issues that would keep us from filing a duplicate claim on a single loss.

Regarding the fence leaning for an extended period of time, please realize that what did the most damage to the 4x4's and the 2x6's in the fence was the hurricane force winds. Even the fences that were repaired immediately after Ike had to have some of the wood replaced because of the warping the hurricane caused. It is likely that the hurricane would be the cause of any fence replacements that have to be made. Again, we recommend you discuss this with your personal insurance carrier.

Thanks,
The HOA Board of Directors

mseducator · Joined: 03 Dec 2008 Posts: 6

Fixing the fence is not a problem. But if you haven't seen West Oaks, I suggest you cruise on by to see just how tacky their fence looks. Their fences all look different some higher then others. Now, if I have to get my insurance company to come out just for the fence it is not worth the 1% deductible. Fixing the outer fence along Magnolia and Harkey, I am sure that residents will face their fence inward and outward some higher than others making our community look kind of tacky, too. Sorry, I paid too much for my house and I do pay my dues on a very timely manner, therfore, I suggest you do something worth while with our dues and not waste it on planting dead trees and expensive landscapers.

stevehill · Joined: 14 May 2008 Posts: 9

I agree with concerns that our fences need to be uniform from the outside looking in. West Oaks looks bad. We need to be better than that. WE also need to lookat the fences that have been turned around in the right of ways. I flipped the fences that only effect me and my neighbors. I read my restriction before doing the outside like I wanted to. This has had a very negative appearance of our neighborhood. Also, I've seen at least two houses that have rot boards. This is also something that I wanted to do. But for the sake of not changing the outward appearance of my fence I did not. Yes, the board needs to move forward with fixing its portion of the fence. It has been long enough. The board also needs to take action NOW on section of the fence that could easily fall at any time and hurt somebody walking by. Even if the fence belongs to the homeowner the HOA could be sued for negligence. This is something that should happen TODAY.

mseducator · Joined: 03 Dec 2008 Posts: 6

Speaking of which, I know my neighbor turned the fence toward them. When in first place it should have been toward my house. They didn't even ask, we would have been delighted to go in with them or do it our selves. But we were given no notice and they hired someone and BAM it was done. I do not have a copy of the deed restrictions therefore I guess I am a stuck duck. I GUESS?

Rob · Joined: 06 Jul 2007 Posts: 155 Location: CV Section 1

The deed restriction was reviewed and the board discussed this matter at length. It was determined as this particular fence is not veiwable from the street it is not an HOA matter, but between the effected home owners only. It is our understanding that an acceptable arrangement has been worked out between the home owners.
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Rob Nunez