Dear Forest Creek HOA members,
Recently there has been a rise in reports from homeowners regarding vehicles and trailers parked in the street overnight, or, in a manner that creates traffic hazards.
While the Board of Directors has every intent to enforce the deed restrictions to the fullest extent allowable by the law, and address complaints received, it needs the help of the residents in order to be able to do so in deed restriction violation matters such as this. While it may seem like a lot of effort, this is what is legally required in the State of Texas. Your HOA must adhere to the process and requirements to minimize liability to all members of the association due to unlawful enforcement.
Also, the streets within Forest Creek are owned, maintained and governed by the City of Round Rock. If a vehicle is parked in a manner that creates a traffic hazard, blocks visibility, makes it difficult for you to get in or out of your driveway, etc. please call the police. They can address issues of public safety on the spot, as local law enforcement is not bound by the same policies and procedures as an HOA. In matters such as traffic safety, they can often achieve resolution to a problem in a much shorter time frame, and in a much simpler manner. For example, while they may not have a rule that says a vehicle can’t be parked overnight, they will have laws prohibiting parking in a manner that blocks ingress/egress or presents a safety hazard, and laws about the direction a vehicle must face, how far away from the curb it must be, etc. Additionally, vehicles parked in the driveway may not block or obstruct the public sidewalk and vehicles cannot be parked on the yard. If they come out and find a vehicle parked in violation of those laws, they can issue a citation on the spot.
Therefore, along with the Board of Directors, it seemed a good time to once again remind everyone of the rules, as well as what is required of the homeowners to enable the association to enforce this rule.
There are different types of deed restriction violations within a typical community:
If for example a homeowner reports a lawn that has not been mowed, the inspector can drive by and verify that on the next inspection, and the enforcement process can begin. Conversely, a vehicle reported to be parked overnight cannot be verified by the inspector, as they do not go out at night, nor can an inspector sit there for 8 hours to serve as a valid witness that the vehicle remained in the street overnight without being moved. Therefore, similar to matters addressed in a court of law, the burden of this proof falls to the person reporting the violation and requesting the association take corrective measures.
What the association needs from an association member in order to address these issues is
This is the evidence the Board of Directors needs in order to be authorized to send the owner(s) in question a notice of violation. Unfortunately, historically most people don’t want to get this involved, which is what makes this type of an issue difficult for any HOA to effectively resolve.
What may be seen as unfortunate by some, enforcement of this deed restriction is a bit more complex than may appear on the surface in order to meet legal requirements. It is our hope that by providing this information, we will help owners know the proper process to follow to report these issues so that the association can help resolve them. Improper complaints (ones that do not conform with the process) cannot be acted upon.
Please let us know if you have any further questions at this time. We will be glad to assist in helping to address these issues when the necessary information is provided. Thank you.