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MPCA Snopes Report

Memorial Parkway Snopes Report - This page was created to combat false/misinformation posted on various social media sites such as NextDoor. We believe that such postings obscures the truth and homeowners don't know what to believe. This page is in it's initial creation and we anticipate will naturally evolve. We will investigate each comment and provide evidence-based responses

April 29, 2019 "I know that with cars parking on both sides of Park Mist right at the stop sign at Park Brush, I have seen three near head on collisions. WHY doesn’t HOA do something???? They double park and closer then legal to the stop sign." 

MPCA Response - MPCA runs articles reminding homeowner and residents of the traffic laws in the news letter most months depending on space available. MPCA has a contract with Harris County Constables to patrol our streets. If you see cars parked on the street, that you believe are illegally parked or posing a safety issue, please report to the Constables on their non emergency number at 281-463-6666. A Constable will be dispatched to the location to investigate the matter. This information goes to the other comments in the same thread. 

April 28, 2019 "and I’m always shocked that with as strict as our HOA is with silly little things, they don’t seem to enforce this, when it makes a massive difference with how our neighborhood looks." 

MPCA Response - We agree that freshly power washed driveways make a big difference in curb appeal. We do not write for silly things and can only imagine if we requested that everyone power wash their driveways how many complaints we would get. 

April 27, 2019 "homeowners usually out of town and renters not able to attend board meetings nor supposedly ultimately responsible for things like violations (which fall back to owners), accountability to renters seems quite low" 

MPCA Response - We would disagree that most homeowners that rent out their properties live out of town. If they do, most have property managers that are in town to look after their property. If there is a violation at a property, MPCA will send violation letters to both the resident and to the homeowner. We also will send notices to the property manager if there is one on file with the association. Therefore renters are held to the same standard and accountabillity. 

April 27, 2019 "we have had a high rental rate for years" 

MPCA Response - In Memorial Parkway there is a rental rate of 20%. Meaning 80% of the homeowner's actually reside at the property. 

April 27, 2019 "The community would do well to begin developing a history of board members who don't go around attacking the residents who pay the money they handle."

MPCA Response - The HOA Board are all residents who own properties in Memorial Parkway. MPCA is not associated with Nextdoor.com nor has an account on Nextdoor.com. MPCA cannot censor any statements on Nextdoor.com. A former Board member that is still a homeowner and lives in Memorial Parkway has the same right to comment as any other resident.

April 22, 2019 "Isn’t it odd they are out spraying for mosquitoes in April? I once heard a rumor that they only spray when West Nile is detected?" 

MPCA Response - MPCA budgets every year for weekly mosquito fogging for the subdivision for the months of March through October. The contract is with Northwest Pest Control. The Harris County will fog when West Nile is detected. There is also additional fund set aside in the MPCA budget for extra foggings if we experience a lot of rains and mosquitos are exceptionally bad. When that occurs we will request additional foggings with Northwest Pest Control.  

April 17, 2019 "...once I received a letter that I could not have 2 different colors of drapes..." 

MPCA Response - The guidelines for Window Treatment states h) Window Treatments must be kept in good condition. i. Broken window blinds or damaged curtains must be replaced or removed from the window.ii. Drapes, linings, blinds, and all other types of window coverings, which are visible from a street in the Subdivision or a neighboring Lot, must be white or beige.iii. No blankets, sheets, or any other window coverings are allowed. If there are no window coverings on the front windows of a home and you can see stored items from the street you will be required to install blinds.

April 16, 2019 "The example pictures of what constitutes violations at the meeting were of things like basketball goals hung on roofs and siding where over a third of the siding was mold covered or a bush/tree-arch less than 10 feet from the street blocking the neighbor's view of the street entirely. Comically bad. Are they/"you" really saying any reasonable portion of letters they send out are about cases even half that severe? As for the inevitable "have you asked about such exaggerated violations?" and indeed I did in part of my question above. Not yet have I heard a response akin to "we will be more careful about/against sending out exaggerated notices" but rather something more akin to "the inspectors are educated and well trained, there is no problem"

MPCA Response - During the presentation there were pictures from violation letters for lawn maintenance, trees, sightlines, mailboxes, exterior lighting, basketball goals, flagpoles, trash recepticals, outdoor furniture, stored items, decorations, fencing, gutters, mildew, exterior repair and rotten wood, exterior paint, sidewalks, driveways, motor vehicle storage, trailers, and motor vehicle repairs. As to the basketball goals there were images shown of a basketball goal laying on the ground, broken backboards, broken rims, and off the post. Homeowners can have a basketball goal mounted to the roof of the garage, that was not the issue. We did state that the site inspectors do make mistakes. As to the education of the inspectors they it was stated that they are educated and hired based upon a business professional hiring process. As to the Community Manager, she has a Bachlor of Science from Texas A&M University, class of '99. Gig'em!! She has her certification in Certified Manager of Community Associations, CMCA, Association Management Specialist, AMS. She has 3 years experience in multi-family housing and over 15 years in community managment. 

April 16, 2019 "I will admit one of my concerns was "All the above, plus vague violation reports that leave homeowners looking between many possible subviolations e.g. grass length, trimming, street debris, stored items, and beyond for a "lawn violation"." Where the response was "Violation reports are not vague. There is a line on each letter/notice as to what needs to be done to cure the violation" Am I the only one who considers that "any one out of many" courtesy letter wording requiring the resident to guess which of the subviolations applies to his/her property vague?

MPCA Response - There is a difference between a report and a letter/notice to a homeowner stating the violation category and what action is needed to cure the violation. For example the letter states "During a visual inspection of the neighborhood this week, your property was allegedly in violation of the same deed restriction, for a third time, regarding lawn maintenance, more specifically edging and grass in seams. In order to cure the violation, you will need to take the following action: edge the lawn to maintain a neat appearance. Remove the grass growing in the seams of your sidewalks and driveway. Clean the street curb in front of the property. " All of our letters state this information and the courtesy notice has a picture on the letter. We believe that this is very clear on what is required to be done. The problem falls in the fact that most homeowners do not read the notice. If it is not clear enough for a homeowner to understand what needs to be done, they are encouraged to email or call the office for clarification. 

April 11, 2019 "We got a ticket for having a garage with 2 different colors. Grey and white. We got notices for having just 2 decorations outside. For having just a chair outside. They do it for profit. They make money out of it."

MPCA Response - When a homeowner replaces a damaged section/part of a grey garage door with a white panel, the entire garage door should be repainted to be one uniform color. In reviewing the record we have written for multiple stored items being kept out side the home not just because of 2 decorations. We do not send letters for profit. If a homeowner does not comply per the Deed Restriction Policy and Procedures, upon the 4th Notification and any possible additional notifications due carry a $50 charge/fee. All violation fees collected are put back into the operating budget of the Association. No one is making a profit. 

April 11, 2019 In regards to changing Section 6.19: LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose. 

MPCA Response - Per the Declarations, a declaration can be amended by an instrument signed by not less than 75% (seventy five percent) of the lot owners. Any amendment must be recorded in the deed records of Harris County. 

April 11, 2019 "HOA Deed Restriction Insanity" ...Then the 2nd notice came, this time Slackline is referenced instead of rope, meaning someone in the office is continuing to take good information and twist it. I attended the monthly HOA meeting on April 2nd, and brought to the table my concerns, and I left that meeting believing the board was, in my opinion, going to discuss and potentially rule in my favour. I have not heard back from the board, and I have now received my third violation.

MPCA Response - We are not twisting information but clarify what is wrapped between the trees in the front yard of the home. The courtesy and initial notice did state "remove the rope around the front tree" the next two notices were clarified and stated "remove the blue rope 'Slackline' around the trees in the front yard." The Board of Directors did mail a letter in regards to the request for an exception to the restriction on March 6, 2019. The letter stated "The Board kindly request that the blue 'Slackline' be put away when not in use."  We are not stating that the toy can not be used in the front yard. We are only asking that the toy/rope/Slackline be put away when not being used. 

March 7, 2019 "...The inspector goes out of his way to try and take pictures behind the gate even though by their own rules it met with their approval when I built in back in 1992. Their spy even went so far as to trespass on my property to take pictures behind it in 2011 until I reminded the HOA of the castle doctrine regarding protecting one's property. Now the driver doesn't leave their vehicle. but still goes out of their way to try and take pictures of the car behind my gate.

MPCA Response - Inspectors have always performed inspections from their vehicles. Inspectors have not ever gone onto properties. 

March 6, 2019 "...while others echoed issues about keeping chickens in a monotone voice." 

MPCA Response- At the March 5, 2019 monthly HOA Meeting, during resident's concerns portion of the meeting, a homeowner asked if homeowners were allowed to have chickens kept at their homes. The Association Representative stated that it was against the deed restriction to have livestock or poultry at a Memorial Parkway property. Per section 6.19 LIVESTOCK AND POULTRY of the deed restrictions, no animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, except dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose.

March 6, 2019 "...I feel that the opinion of "one" person driving the neighborhood instead of perhaps a few could be an issue as well. Where someone might think a violation is present others do not. All I want is a little common sense and consideration." 

MPCA Response- The subdivision is inspected by three (3) hired site inspectors who are using the governing documents to determine if a violation exist at a property. Each site inspector has a section of the subdivision that they are responsible for driving. Approximately every three months the inspectors rotate sections. Homeowners can find the documents that are used in the homeowner portal under the documents section. For each violation that is viewed a picture is taken, and attached to the homeowner's account. Homeowners may also view inspection photos in the homeowner portal under the compliance section by clicking on the camera icon. 

March 6, 2019 "...I get the feeling the issue is lack of training and/or firing of those who consistantly exaggerate rules, especially, for seasons/conditions combined with an antiquated and often vague rulebook full of rules unchanged since the 70s that appear mysteriously unchallenged/amended. All the above, plus vague violation reports that leave homeowners looking between many possible subviolations e.g. grass length, trimming, street debris, stored items, and beyond for a "lawn violation"."

MPCA Response- All three inspectors have worked for the Association for at least over a year. The inspectors are all properly trained. The inspectors do not exaggerate rules. The guidelines set for the subdivision or not vague or antiquated. Some guidelines are set by the State of Texas which can supersede certain HOA guidelines. Policies and guidelines have been updated over the years. Violation reports are not vague. There is a line on each letter/notice as to what needs to be done to cure the violation. For each violation that is viewed a picture is taken, and attached to the homeowner's account. Homeowners may also view inspection photos in the homeowner portal under the compliance section by clicking on the camera icon. 

March 6, 2019 "...That and violation rules that demand business owners tow their trailers completely out of site when they often need them available for on the spot hired job use to avoid losing jobs or even ultimately avoiding foreclosure." "...or faces foreclosure over violations related to business vehicles parked within owners' driveways."

MPCA Response- Per section 6.15 STORAGE OF AUTOMOBILES, BOATS, TRAILERS and OTHER VEHICLES trailers are not allowed to be permanently or semi-permanently kept at a Memorial Parkway residence. Homeowners can rent storage facilities to keep their trailers at so that they are close by. An HOA/Association cannot foreclose on a homeowner/property for such a matter. An HOA/Association does have legal recourse available to them but judicial foreclosure for compliance matters is not one of them. 

March 6, 2019 "...the same owners get hammered repeatedly for trivial issues (such as a small child's toy left on someone's porch or in one's window)" 

MPCA Response - The inspectors do not pick certain owners to pick on. Every home is inspected the same number of times and with the same standards. Per the ACC Guidelines, Window Treatments must be kept in good condition.i. Broken window blinds or damaged curtains must be replaced or removed from the window.ii. Drapes, linings, blinds, and all other types of window coverings, which are visible from a street in the Subdivision or a neighboring Lot, must be white or beige.iii. No blankets, sheets, or any other window coverings are allowed. If there are no window coverings on the front windows of a home and you can see stored items from the street you will be required to install blinds.

March 6, 2019 "...sending letters for flowers and lawns in winter is just pointless harassment."

MPCA Response - We live in a very mild climate where the grass still grows in the winter months. While we understand that it does not grow as fast but it still does grow. We have many pictures of lawns with unkempt high grass in the winter months, therefore it is not pointless harassment. 

February 25, 2019 "...I’d rather pay a little more for professional management company than having someone with an agenda bc of friendships with certain residents in the neighborhood."

MPCA Response - We do have a professionally managed community. There is not an agenda due to friendships of certain residents. We are not sure of the basis for such a statement but it is not true. 

February 25, 2019 "...It’s trash day and they fussed at a neighbor about his trash cans."

MPCA Response - Inspectors do not verbally tell homeowners to do something, they send letters. The inspector did not tell a homeowner to put away their trash can, Monday morning before trash was even collected. Notices are not sent to homeowners in regards to putting trash cans away on trash collection days. Per the ACC Guidelines, Trash cans must be set out no earlier than the night before trash pick-up day. Trash cans must be pulled in by the night of trash day. These are the guidelines inspectors use to determine if a homeowner send be sent a notice about a trash can. 

February 25, 2019 "We keep getting warnings left and right for the smallest things that have never been an issue before out the 2yrs we’ve lived here. All to do with the lawn."

MPCA Response - In checking the account, there have been three letters, two being courtesy letters, sent in two years. One for pallets being kept on side of the home and two for lawn maintenance. All were taken care of in a timely manner. 

February 25, 2019 "...I can leave rotten front porch columns laying on the side of my driveway for 6 months (on purpose) Yet I get a notice for leaves on my garage roof."

MPCA Response - The reason a letter was not written in regards to the porch column in November, when the notice was sent in regards to the leaves on the roof, is because the homeowner had submitted an ACC Request Form for exterior work to be done on the porch columns. Thus we put the matter on hold to give the homeowner time to dispose of the columns. A letter was sent in regards to the porch columns being kept on the driveway in January. At the nex inspection it was viewed that the columns had been removed and the matter was closed out. We count two months that the columns were there. 

February 25, 2019 "...the last board member election meeting while the board noted how many proxy (where a person they select votes in place of those who do not attend or vote online) votes they got. They essentially vote themselves (back) in."

MPCA Response - The HOA Board of Directors is a Board comprised of 5 members who serve 3 year terms. The members are staggered and each year at least one Board member's term is up for election. In the annual letter mailed out in October, a proxy is included for the upcoming election. Every homeowner has the opportunity to vote for the person they would like to be on the Board via the proxy. The proxy is counted for whomever the Homeowner voted for. Basically the same as early voting. No one can select votes in place of members who do not attend the meeting. Homeowners also have the opportunity to vote in person at the Annual Board Meeting held in November of each year. The Board cannot vote themselves back in. It is not possible. 

 February 25, 2019 "...It seems like how the TAE (pool management) has been handled, there seems no correction or reprimand if/when they repeatedly make mistakes, as if they have a monopoly year after year,..."

MPCA Response - We believe that overall Texas Aquatic Enterprises (TAE) does a good job keeping the pools clean, maintenance, and lifeguards. Anytime we have a complaint upper management within the company has immediately responded and corrected the matter. We get weekly clean reports with pictures year round. We have worked with 5 companies previously and we received inferior service to TAE. We have no affiliation or connection with TAE. We are not using them because they are the cheapest. MPCA and TAE have a good working relationship and are hoping for a very smooth upcoming summer. We would like homeowners to hit the reset button on past experiences at the pools. If there are complaints or issues this summer then we will be happy to go out for bids to other pool management companies. 

February 25, 2019 "...Since the original deed restrictions were drafted at the time of development this subdivision has not had a vote to update the deed restrictions. What were currently have are layers of architectural control committee rules that have just been shoved at us." 

MPCA Response - The deed restrictions were drafted and recorded when each of the 14 sections were created. Per section 6.2 ARCHITECTURAL CONTROL,  the Association has the right to develop guidelines and restrictions. An association may impose additional restrictions than those contained in the CC&Rs, but cannot circumvent CC&R provisions. Rules concerning architectural standards and guidelines are enforceable based on the contractual relationship between the homeowner association and its members. All governing documents must be filed with the State of Texas. 

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