Neighbors Take Gardening Seriously

Community gardens are a fast-growing rite of spring, satisfying the urge to plant and nurture a crop of tasty vegetables or homegrown bouquets.  HOAs are finding ways to creatively cultivate common areas and encourage homeowners to “dig in.” 

These cooperative ventures can be done with style, as illustrated by a recent article in the Dallas Morning News.   SpringPark neighbors take gardening seriously.  Tending a plot in the community garden is a fine way to enjoy the outdoors, harvest the fruits of your labor, and a crop of new friends as well.  Would you like to see this idea take root in your neighborhood?  Here’s how SpringPark HOA did it.

Click here to view the full article.

Flower Mound HOA Organizes Fence Co-Op

Did you read the Dallas Morning News article about this cost-saving idea for HOAs?

Lower owners’ costs to replace aging fences

“Taking a cue from the business word, Roy Oteo is using the power of bulk purchasing to spruce up homes and help homeowners save money at the same time." 

 Read the article that ran in the Dallas Morning News and see if this bright idea can be applied in your neighborhood.

For a copy of the full article, click here.

Drip Systems Make the Most of Precious Commodity

When it comes to irrigation, drip is one of the most effective and efficient ways to water.  It helps deliver water directly to the target, with very little waste.  What a great new idea, right? Great idea? Most definitely!  New?  Not really.

Drip irrigation dates all the way back to 1866.  In Afghanistan, researchers began experimenting with drip using clay pipe in irrigation and drainage systems.  The theory of targeted watering was brought to the United States when, in 1920, water was successfully applied to plant root zones without raising the water table.  Modern-day drip systems have become much more sophisticated and efficient but utilize many of the same, original principals.

A properly designed and operating drip irrigation system can save up to 80%  in water usage, in comparison to other irrigation methods.  This savings comes from the ability of drip to deliver water directly to the root zone, coupled with a very low evaporation rate. Basically, it allows you to put the water “where it’s needed” in the “amount needed”.  Pretty cool stuff!

In addition to water savings, installing a drip system may also qualify for a tax credit or rebate on your water bill.  In areas, such as the San Lorenzo Valley Water District , installing drip irrigation can earn homeowners up to $500.00 in water bill credit.

Another consideration is the ongoing water restrictions many of us are facing across the country.  While many businesses and homeowners struggle to keep their landscape investments alive under ever-increasing water rationing, drip can be a very real solution.  Numerous city governments are providing drip irrigation exemptions.  The City of Plano , a  large Texas suburb, allows drip watering during Stage 1, 2 and 3 of their drought contingency plan.  You’re certainly not a drip if your landscape is alive and your neighbor’s is not!

While drip can be a serious tool in your sustainability toolkit, there are some special considerations.  It is imperative that drip systems be properly designed.  Since drip delivers its water payload directly to the plant root zone, the tubing must placed correctly within the landscape.  Poorly designed or installed systems can result in too little or too much water being applied.  Additionally, drip systems operate utilizing lower water pressures and require low or pressure regulating control valves.  It’s also important to consider the water source and type of filtration which is needed.  Even small impurities, within the water supply, can derail a drip system. Therefore, proper filtration is critical.  Finally, as opposed to standard irrigation systems which operate in terms of “gallons per minute”, drip zones are measured in “gallons per hour”.  System controls and programs must be able to address these increased application times.

The days of being able to just add more water to solve a landscape problem is over.  Water is a finite resource and expensive resource.  Drip systems can help make the most of this costly and precious commodity.  I think Leonardo De Vinci may have said it best, “Water is the driving force of all nature”.  Drip irrigation can help bring this force into focus.

Contributed by Mark Hopkins, National Sales Operations/Texas Regional Sales Leader, of ValleyCrest Landscape Companies.

Boost Owner Turnout for Annual Meetings

“Attend my HOA’s annual meeting” doesn’t often turn up on an owners’ top 10 list of things to do.

Our association of some 1200 homes in Frisco faces the challenge so many HOAs do—how to entice owners to attend their yearly meetings where we must conduct neighborhood business—board elections, budget discussion, and other concerns.

In the past, we’ve tried building attendance by inviting local officials, such as the mayor and city council members, to appeal to a variety of neighborhood interests.   We’ve offered incentive drawings, awarding a lucky owner to have his assessments paid for half a year.  Giveaways of a tree or flowers donated by the landscaper --nice, but only 30-50 homeowners would show up.

Offer a convenient service to owners - what’s in it for me?  Scratch something off my To Do list!    We tried a new approach this year by tying it in with a drive to educate owners about new pool and fitness center rules and to reactivate all pool cards for the coming pool season.  To sweeten the deal, we discounted the fee owners pay to obtain extra pool cards, if they did so at the meeting.   Owners had to sign forms acknowledging they had read the new pool rules.  They could drop these off at the meeting, and reactivate their cards at the same time.

Try a change of venue -  We held the meeting at our local elementary school to handle what we expected to be a larger crowd.  An added benefit, the school offered better acoustics, AV equipment and meeting space than we have available in our clubhouse.  Plus, the mayor and assistant superintendent of schools attended as guests.

Volunteer Tables – We also had a chairperson from each committee present to educate owners about volunteering.

Special Project Boards – We had display boards set up that showed plans of all future major projects surrounding our community with timelines for completion.

When the Thursday evening of the meeting arrived, cars started filling the parking lot.  We were thrilled when 200 owners turned out for the meeting.  What brought them in?  Some were there to learn more about the assessment increase; others had children who would be attending the new elementary school and wanted to hear from the assistant superintendent. Hands down, the long queues at the pool card tables told us this was the right place, and the right time to get folks to turn in their forms and activate their pool cards.

Owners left feeling they had crossed off an important task on their To Do lists—get pool card activated, learned of volunteer opportunities, plus they learned more about their community and made new friends!!

Debbie Pasha is the Board President of Lone Star Ranch HOA in Frisco, TX.

CASE LAW UPDATE 2

By: Marc D. Markel and Brady E. Ortego
Roberts Markel Weinberg P.C.
Houston • Dallas • Austin • San Antonio • Sugar Land

A few recent judicial decisions relating to community associations have both solidified longstanding principles of covenant interpretation and changed the landscape of community associations.  The principles that are affirmed provide great case law for use in courts that may be reluctant to rule in favor of a community association.  With the rulings that have created change, community associations may be left with more questions than answers. 

Following is the second in a series CMA will post of Texas HOA case law summaries.  In rendering opinions to community associations, covenants and case law must be read together to formulate the best strategy for action.  With counsel, management, and directors working closely in this regard, challenges may be avoided and the resources of the community association are better protected.  Please consult your HOA’s attorney for legal matters pertaining specifically to your association.

Hollis v. Gallagher
2012 WL 3793288, Tex.App.-Austin, August 28, 2012

Hollis involved a subdivision of 45 lots with two streets with one side facing Lake Travis.  The covenants of the association required consent of the two initial developers to construct two story homes.  Both initial developers were deceased.  Hollis sued the Gallaghers for construction of a two story home absent approval.  Judge Gisela Triana-Doyal, of the 353rd District Court in Travis County, ruled in favor of the Gallaghers based on impossibility of performance due to the death of the developers.
 
In a memorandum opinion, the appellate court upheld Judge Triana-Doyal’s ruling.  Hollis argued that after the death of the initial developers, the covenants prohibited two story homes in perpetuity.  The intent of the covenant was to protect views and values on the non-lakeside lots; two story homes were inconsistent with this intent.  The Gallaghers argued to the appellate court that to enforce the covenant would amount to a complete ban on two story homes.  Additionally, the Gallaghers pointed out to the court that the covenants made no mention of view and/or protection of same.
 
The appellate court narrowed the issue to whether the Gallaghers conclusively established the affirmative defense of impossibility of performance as to the covenant related to developer approval of two story homes.

Depending on the circumstances that a particular community association is facing, impossibility of performance of a particular covenant could be either a positive or a negative for a community association.  By way of example, if the ratification of an amendment was dependent on an action that was impossible to perform, Hollis may be relied upon to effectuate said amendment. 

Marc D. Markel

Brady E. Ortego

For over thirty years Roberts Markel Weinberg PC has represented developers, builders, community associations, and non-profit corporations throughout the State of Texas. We have an established reputation as an industry leader in the field of community association law.

Our firm enjoys the distinction of being AV rated and being listed in the roster of Preeminent Law Firms by Martindale-Hubbell.

CASE LAW UPDATE

By: Marc D. Markel and Brady E. Ortego

A few recent judicial decisions relating to community associations have both solidified longstanding principles of covenant interpretation and changed the landscape of community associations. The principles that are affirmed provide great case law for use in courts that may be reluctant to rule in favor of a community association. With the rulings that have created change, community associations may be left with more questions than answers.

Following is the first in a series CMA will post of Texas HOA case law summaries. In rendering opinions to community associations, covenants and case law must be read together to formulate the best strategy for action. With counsel, management, and directors working closely in this regard, challenges may be avoided and the resources of the community association are better protected. Please consult your HOA's attorney for legal matters pertaining specifically to your association.

Candlewood Creek v. Gashaye

2012 WL 3135721, Tex.App.--Dallas, August 02, 2012
The association's covenants provided that the assessment obligation was secured by a lien. Additionally, the covenants secured attorneys fees, late fees and interest. The owner fell into arrears with the association and it filed a motion for summary judgment seeking $1,545 in assessments and late fees and $2,500 in attorneys' fees and expenses. The owner failed to file an adequate response. Judge Craig Smith, presiding over the 192nd District Court in Dallas County, declined to provide an order for foreclosure and awarded a mere $50.00 despite the owner's failure to file an adequate response. The association appealed the summary judgment as to the denial of the foreclosure remedy and award of attorney's fees.

The appellate court, in a memorandum opinion, noted that the covenants provided for payment of a monthly assessment, a foreclosure of the lien if the assessment was not paid, and recovery of attorney's fees for such action. The appellate court stated that "the trial court's award of $50 under these circumstances was so contrary to the overwhelming weight of the evidence that the award is clearly wrong and unjust." Further, the appellate court reaffirmed the notion that an association covenant is a contract between the parties, and Texas law permits the recovery of attorney fees on a breach of contract action.

Marc D. Markel

Brady E. Ortego

For over thirty years Roberts Markel Weinberg PC has represented developers, builders, community associations, and non-profit corporations throughout the State of Texas. We have an established reputation as an industry leader in the field of community association law.

Our firm enjoys the distinction of being AV rated and being listed in the roster of Preeminent Law Firms by Martindale-Hubbell.

Shorter HOA meetings can improve efficiency, lower costs

A recent article in the Chicago Tribune offered simple solutions to reduce HOA management fees.  Resolve to spend less time in board meetings.

HOAs that want to increase efficiency, lower costs and attract new, young members in the coming year should consider holding shorter meetings in a formal business space, such as a library or community room. "The largest variable in management fees is the number and time of meetings," says Michael Baum of Baum Property Services. "Reducing the number of meetings and scheduling daytime meetings will reduce your management fee and cause less wear and tear on everyone."

Read the article.