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OH SHOOT! I'd be very frightened / worried also! Your handful of
owners need to ALL meet together and decide how you would like to proceed,
IMHO. Perhaps you will have to seek legal counsel, as you are up against a
corp with big $$$.
If it were me, I'd request the county to be put on the agenda and bring
it out into the open. ALL residents will have to be there and be prepared
to speak.
Yeah, you all need a good lawyer ASAP, as it appears that you are being
steamrolled.
On 11/3/05 9:13 AM, in article
1131038023.527261.115580@z14g2000cwz.googlegroups.com, "Advocate"
<bwsowell@compuwise.net> scribed:
> We Need Legal Advice Fast!
>
> We live in a small non-HOA development on a very rural lake in North
> Texas. There are about 40 lots and a handful of owners, some of whom
> own multiple lots. We have some minimal deed restrictions such as no
> commercial enterprises, minimal housing size, no building within 5 feet
> of a property line, and if someone wants to do something else on their
> lot, such as putting in a road etc., they have to get permission of 2/3
> of the other property owners.
>
> A giant new gated community has come in right next to us. It purchased
> the gated community, about three months ago, from the original
> developer who started it about two years ago. No one lives there yet,
> but several lots have been sold. It is now owned by a large national
> corporation that has many such gated communities around the Sunbelt
> states. They have just bought up several vacant lots in our
> development. Even so, they still don't own a majority of the property
> in our development. They didn't contact any of our neighbors. We
> found out that they plan on using those lots to re-route one of their
> major roads. They may even use one of the lots as an alternate entrance
> to their gated community. That would most likely cut across a lot right
> in the middle of our development.
>
> We fear that this will destroy the integrity of our development, which
> is only one long road. In addition, their plat revisions went before
> the County Commissioner's court last week. One of our lake residents
> was present. The resident said that the commissioners didn't even
> bother to unroll the plats - just passed it without any discussion. I
> assume it was discussed in a private session earlier. None of our
> property owners were contacted or notified.
>
> This is very disheartening. When one of our residents needed to combine
> two lots to build their house, it took them 6 months of haggling with
> the county before the Commissioners would agree to combine the lots and
> remove the utility easements. Yet, this new corporation just comes in
> and rolls over everything!!!
>
> In addition, this gated community has numerous and repugnant CC&R's,
> and they are purchasing their water from a nearby city. We fear that
> once they take hold of our development, they could force us to buy
> their water and/or force us into paying assessments. We also fear that
> once they have violated our own deed restrictions, that will set a
> president that other property owners could use to do just about
> anything on their property.
>
> We need legal advice as to how to proceed and what our rights are. Is
> there a Texas attorney in this group, who could put their contact info
> here so we can make contact? If not, does anyone out there know of a
> good Texas attorney, with experience in dealing with giant gated
> communities, that they can recommend???
>
> If you have any ideas as to how to proceed, please share them today.
>
> Thanks
>
___________________
Claudia Satori
ESP Estate Planners
www.ESPplanners.com
805-376-8070
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Re: We Need Legal Advice Fast!
