Wednesday, May 23, 2012

Outside Forces Factor in HOA’s Planning

Planning for the Future

HOA leaders work with town to plan for growth and community improvements

Our community near the lake lies in the path of growth and change, like many other associations in our area.  Besides managing the HOA day-to-day, the BOD has a number of situations on our radar that may develop in the future.  Our long-range plan considers potential challenges that could affect many areas, such as these three:  the creek and pond, a retention pond, and future use of some green space.

A mostly south-bound creek flows along the eastern edge of our neighborhood before it turns west and flows through the pond, and then ultimately on to Lake Lewisville.  Most people don’t realize how the creek affects our community because it is a largely “wild,” unseen area.

The creek erosion and past trash dumping in the creek affect our pond.  At some point, a governmental agency such as the Environmental Protection Agency or the US Army Corps of Engineers could force the HOA to take some type of corrective action.

The BOD has contracted with a company to do our reserve study, something we are required to do periodically, and asked them to estimate how much we might need to set aside to fund any needed corrective action in the natural areas, such as the creek.  I doubt we’d try to keep enough for such a large project in reserve, especially when the chance of an agency requiring action is pretty low and might never happen.

As for the pond, the Town of Little Elm did our association a huge favor by fixing the very worst of the drainage, silt build-up, and flooding issues we had coming in from the creek, perhaps pushing out any additional required action by not just years, but maybe decades.  Among many improvements, the Town created a clean-out area so that with small equipment, the area just east of our pond can be easily cleaned periodically.  However, the BOD, is still making contingency plans for pond maintenance needed in the future.

Our neighborhood also has two retention ponds.  The town has started discussions with the BOD about a possible joint project to improve the more public retention area.  Town engineers believe they could make that area more attractive and usable.  Beyond expressing a willingness to look at something, we aren’t committed to anything.  Generally joint town/HOA projects have been good for our association, so I’m excited to see what they may come up with.

The Town has also approached the BOD about how some of our green space is used.  Parts of our walking trail are not well-maintained.  The Town is interested in making some public walking trails available that it would maintain.  Our Board is open to ideas and understands the benefit of working together with the community.

That’s just part of a long-range plan that is complicated by several years of road construction and a major shopping area on the horizon.  It is hard to say how all these outside forces and changes will affect our association, but our BOD keeps looking ahead and making proactive plans to stay ahead of the curve.

Rex Hogue is President of the Villages of Woodlake Association in Little Elm. 
He has served on the HOA board for  7 years. This article was adapted from his column in the HOA’s newsletter.

Mr. Hogue is a practicing attorney specializing in estate planning, including estate and gift tax planning, tax planning, business planning, asset protection planning, charitable planning, and probate matters.

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