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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
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We Need Legal Advice Fast!
