Memorial Parkway Snopes Report - This page was created to correct 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. The Board of Directors and community management strive to provide transparency. This page is in it's initial creation and we anticipate will naturally evolve. We will investigate each comment and provide evidence-based responses.
July 17, 2019 "...the HOA also made them pay to fix the sidewalk that had buckled due to roots. I could have sworn that we had a discussion a while back about the sidewalks being public property and not actually belonging to the home owners (as we can’t block them with our cars)."
MPCA Response - Per section 6.16 Sidewalks of the Declarations, before the dwelling unit is completed, the lot owner shall construct a sidewalk four (4) feet in width parallel to the street curb. The sidewalks are the responsibility of the homeowner. In that, if the sidewalk is damaged or uneven it is the responsibility of the homeowner to repair the sidewalk. We have had homeowners tell us they were not able to get homeowners insurance policies due to uneven sidewalks on their property. We have also had homeowner's sued by pedestrians who were walking on their sidewalk trip and be awarded damages due to tripping hazards. If there is damage to a sidewalk due to wash out from a county manhole or street drain, Harris County and/or Mud will make the repair. If a homeowner has such a situation, please go to www.pct3.com to report. Per Texas State traffic laws, it is illegal to block a sidewalk with your vehicle.
July 17, 2019 "...I had a tenant cleaning out her car. Her trash can was against the car and she was standing there throwing things in. She was written up for having her trash can in public view on a non trash day."
MPCA Response - In reviewing the inspection pictures for the couple of trash can notices that were sent to the property over 2018 and 2019, there no one out side at the time of inspection. All inspection pictures can be viewed under the compliance section in the homeowner's portal. Inspectors are instructed to write a trash can notice on trash collection days or if a person is in use of the can.
July 16, 2019 "HOA send them threatening letters about re-sodding an area around a huge tree in their front yard where grass no longer grows because of the shade. They have sodded twice already but the grass won’t grow. There really isn’t anything they can do to make it grow. I suggested to her that they just put down mulch or rocks and maybe a bench and birdbath but she says that’s not allowed."
MPCA Response - We believe one of the most attractive aspects of Memorial Parkway is the large mature trees. Sometimes the large tree roots and shade from the tree canopies can make growing grass a challenge. We also find growing grass in high traffic areas also hinders growth. We do allow for some of the newer types of more shade tolerant grass. The guidelines also allow alternative landscape choices such as mulch, river rock, and ground cover (ivy, jasmine, monkey grass) to be used in areas that grass will not grow. In addition to a mailbox, two other free standing structures or decorative appurtenances, such as bird baths, swings, fountains, benches etc. are allowed in the front yard. We are happy to work with homeowners to find the best solution. We do not want to see trees cut down.
July 6, 2019 "They are renters so I would like to think the HOA could tell the actual homeowner to evict them due to the dangerous dogs running in a pack and breeding."
MPCA Response - The property in question is not a rental property.
July 5, 2019 "one of the office ladies is related to the HOA attorney and the office lady gets kickbacks"
MPCA Response - Memorial Parkway is represented by Hoover Slovacek, Attorneys at Law, whom are among the select few in Houston experienced in community association law. There is NO ONE in the association related to any attorneys or legal professionals at Hoover Slovacek. This statement is defamation and libel as it a written and published statement that could end up causing harm to the reputation and livelihood of the law firm and/or Association employees.
July 5, 2019 "the HOA isn't thinking at all of the general populace of Memorial Parkway.They seem only interested in the lining of personal pockets at the expense of citizen safety.
MPCA Response - MPCA takes everyone, the entire general populace into consideration. Three constables are budgeted for every year at a cost of $236,000 to ensure citizen safety. There is a complete audit of our accounting every year. Every expense is accounted for. It would be illegal for a board member or employee to personally line their pockets. No such activity is happening.
July 5, 2019 "We need new HoA members they honestly are just sitting upon golden thrones upon ivory towers without regard to the real situations going on. If someone and their dog being attacked by a citizen doesn't illicit a response what does?!?"
MPCA Response - MPCA did illicit a response and take action. The matter is being handled and investigated. The Board members are your neighbors and live in the subdivision also. Each Board member is elected to a three year term. There is an election every year as the expiration of term are rotating on a three year cycle.
July 5, 2019 "...MPHOA Covenants it states no breeding. In which it was SEEN that these irresponsible dog owners with 5 pit bulls ARE breeding!! That was witnessed! And ALL the MPHOA is doing is sending a letter to keep them on a leash!?!"
MPCA Response - Homeowners are allowed to have dogs and a litter of puppies. Section 6.19: LIVESTOCK AND POULTRY of the Declarations does state, "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." We do not have any knowledge that the dogs are being maintained for commercial purposes. It is our understanding they are family pets.
July 5, 2019 "...our MP neighbor’s dog being attacked by 5 pit bulls on Westgreen and more saddened that the MULTIPLE people that live their didn’t apologize nor take any ownership of the 5 pits that live there. And again more saddened that the police, animal control and the MPHOA won’t do anything either."
MPCA Response - MPCA did receive a report from a resident that while walking down Westgreen, her dog was confronted by two pit bulls and bitten by one of the dogs. The homeowner came out and brought the dogs back inside the home.MPCA was saddened to hear that this happened, but relieved to hear that the dog would make a full recovery. The resident had already filed a police report and notified Harris County Animal Control of the attack and the dangerous dog. The Harris County Animal Control and Constables are the agencies in place that are to handle investigation and take further action if needed. MPCA did follow up with a letter to the homeowner, stating that all pets must be confined to the home, fenced yard, and/or leashed. There is a process already in place for such matters and the proper steps are being taken.
June 26, 2019 "I seem to get a lawn maintenance letter ever month for grass in seams I drive by the board members houses and they have the same issues. Are they getting letters themselves?"
MPCA Response - MP Board members do get notices if an site inspector has noted a issue.
June 26, 2019 "891 notices. ASININE. I have glanced on line about Restrictions. What I read to amend takes homeowners votes if that is what our bylaws, covenants state. Board has added flower pots, street sweeping, chimney clean, no bicycles in front yard, etc. Dont see chimney clean and street sweeping in current guidelines. Just think, if we had homes with nice front porches, you could not have 4 rockers with tables in between. PATHETIC WHAT IS HAPPENING!"
MPCA Response - There are not 891 notices written this last drive or open. For example in lawn maintenance there were a total of 226. Bare Spots 44, Mowing/Edging/Grass in Cracks 103, Edging 30, Grass in Seams 49. That is approximately 10 percent of the subdivision. There is only one open matter in regards to flower pots and they are considered stored item when they cover an entire driveway.
June 25, 2019 "I have had 3 people in the past 2 weeks ask me if I was aware that board member sold the ice machine to the HOA. I am aware we bought a new one, but not aware that he sold it.Article IV, Section 4 states" No director shall receive compensation for any service he may render to the Association".
MPCA Response - A independent contractor installed the ice machine in 2007. None of the Board members are receiving compensation.
June 25, 2019 "That gets me as well, why is it so hard to get access to a complete list of what contractors our dues are being used to hire?"
MPCA Response - All bids for work to be done is reviewed in open meetings. Minutes are taken at all meetings and posted under the documents section on the homeowner portal.
June 25, 2019 "It’s not following bylaws as stated above regarding how no one is allowed on any committees, it’s about does one of our Board Members work as a salesman for the company the HOA buys it’s supplies from.....even if no commission is made, IF this is true, wouldn’t that be a conflict of interest? Why not be forthcoming about it instead of hiding it? Why not show the actual companies that are paid from the HOA? It would sure stop the rumors and the distrust."
MPCA Response - MP Board is in compliance with the bylaws. We do have open committees and invite anyone interested to volunteer. There is a Board member whom is generous with his time and volunteers his time to use his whole sale account with Granger to purchase supplies when needed for the clubhouse such as paper towels, toilet paper, trash bags. He will also purchase and pick up the filters for the ice machine from Granger at his whole sale price. The same aqua-pure carbon filter could be purchased through another company such as Amazon but at a price of $50 more per filter. The Board member also spends his time servicing and changing the filter to the ice machine quarterly at NO CHARGE TO THE ASSOCIATION. The Board is not hiding this fact. No one has asked but we are glad to explain and show receipts from Granger. The Board hires an outside, independent CPA firm that is specific to HOAs that audits all of our purchases and receipts annually.
June 24, 2019 "Being told that MP has cancelled board meeting for July 2, due to board members out of town for July 4. Real reason- knew we were going to present our complaints."
MPCA Response - The meeting was cancelled May 28th, due to three of the board members stating that they would be out of town for the week of July 4th. It was announced at the June Board meeting. This was done prior to any complaints voiced out on Nextdoor.com prompted by the last deed inspection. In order to have a Board meeting, a quorum must be met meaning at least 3 Board members present. The Board members are all volunteers.
June 24, 2019 "Several years ago, violation letters were sent only if a complaint was made. It would be checked for violations and on second drive, a letter would then be sent.Later board hired one inspector who drove the neighborhood. Still 2219 homes. Now we have hired 3 drivers, and people are getting letters for minute infractions. "
MPCA Response - As far as our records go back the neighborhood has been inspected by an paid inspector and not on complaint basis only. You can view our deed restriction policy and procedure on our website. This has not changed in over 15 years. The only change made in 2016 was that letters would also be sent via email. This has decreased our postage cost and the response time to correcting matters. We did have more than one inspector in the past plus an employee in the office who created the letter. As stated previously, we still have only one inspector who inspects each street. The process has changed but the amount of hours on inspections has decreased. We do not wish to waste time and money on minor matters and are willing to review pictures to assure that we are not writing unless warranted.
June 24, 2019 "They have been sending us letters about the paint/weathering on our house for about 2 years. We have been communicating with them with every letter. We decided to replace wood siding with vinyl. This way we don't have to deal with any longer. We got the colors approved by the HOA. As you can imagine this isn't a cheap job. The day the guys started the job we received a certified letter for the same thing. Quit wasting our HOA dues on postage, ink and certified mail."
MPCA Response - The homeowner has gotten a letter for the exterior paint condition in 2018. We did give additional time. We did write again once the time extension was up. The homeowner did get approval via the ACC Request form in April of 2019. After time extension was given and had expired we did write again. There was no response nor request for more time requested. Upon the next inspection, the home had not be painted as the homeowner stated it would. The next letter in line was sent which was the certified demand 3rd notification. This could have been avoided by an update on work to be completed.
June 21, 2019 "They fined me after I talked to them about an issue. They said they would mark down that it would be taken care of by a certain date, then turned around and fined me later that week anyway."
MPCA Response - We did first write about a matter in June of 2018. We did upon request give more time to correct the matter. The last time extension was through September of 2018. We wrote again in December with no response or correction. Only after receiving a certified demand 3rd notificiation which does carry a charge mailed in January of 2019 did we receive another request for time extension. An additional time extension was granted and at this time the matter in on hold through September of 2019. At this time the matter is still unresolved.
June 21, 2019 "I got a letter from the HOA with a picture attached. The picture was of a rotting eve board on the back of my home. They had to come into my back fence to get that picture. At what point is this considered trespassing?"
MPCA Response - In looking at the inspection picture, you can clearly tell that the picture is taken from the front of the home not the rear. It is of the side of the home. From the street you can see in the rotten wood. Inspectors do not get out of their cars. This is a false statement.
June 21, 2019 "In order to expand on those it requires a 75% vote of the approximately 2200 homeowners that make up the subdivision. Since that had never been a voted nothing else is truly legal."
MPCA Response - We do abide by the Bylaws, Declarations (CCR), ACC Guidelines, and Texas State Property Code. The ACC Guidelines have been amended to incorporate changes in State Laws over the years. We use a law firm that has reviewed and advised us on all of our deed restriction letters. All of our procedures have been reviewed by legal counsel to make sure we are in accordance with all governing documents and state laws.
June 20, 2019 "Also received a letter for misc storage because of a couple pairs of muddy shoes, a baseball bat and basketball my kids left on the porch after playing at the park."
MPCA Response - In looking at the courtesy letter inspection photo, there were several minor items out. We have discussed the matter with the inspector and instructed them not to be that strict on items such as this in the future.
June 20, 2019 "I used to have a lawn service come every 2 weeks and occasionally received a courtesy letter but now due to the crazy increase in letters I've started mowing and edging my lawn once a week and the letters have even increased since then."
MPCA Response - We looked into both inspector pictures for the lawn. Both letters appear to be valid.
June 20, 2019 "Don't blow your horn at him when hes blocking the road and doesn't move for nearly 3 minutes while blocking your driveway then. I did just that and have received 3 letters about mold on my chimney."
MPCA Response - We do write homeowners for dirt/mildew/discoloration on bricks. This includes bricks on the chimneys. In looking at the picture, there is a large area of discoloration on the chimney where the run off from the eave is causing a issue with the chimney.
June 20, 2019 "Mine was for not cleaning my gutters on front of home; I have no gutters on home in front. Looking at the picture they sent it to the wrong home. Incompetence at its best."
MPCA Response - Yes, sometimes the inspector may create a letter and accidentally pull up the wrong address. Mistakes do happen. Please let us know and we will of course delete from your account.
June 20, 2019 "A week later I received a letter for an unsightly 5 inch scratch on my garage door that would require fixing. I responded that the scratch had been there since I owned the house. The only reason it was more visible was because I had used darker paint. No common sense and absolutely no courtesy."
MPCA Response - The letter was not for a scratch but for dents in the garage door, that the homeowner does admit is more visible since painted with darker paint. In our opinion the panel is damaged and should be replaced, although it may not be to the level of pursuing since the homeowner is unwilling and does not believe it merits replacement. The matter was discussed and closed out.
June 20, 2019 "Are the drivers paid bonuses or per/infraction they turn in to the management company along with their hourly, mileage pay?"
MPCA Response - The site inspectors are paid hourly. They are not paid per infraction. They are not given a quota. They are paid hourly, gas and mileage.
June 19, 2019 "My parents got a letter saying they needed to get their house repainted. The bad thing about them getting the letter though was that they were already having it painted the pictures they sent with the letter even had the latter in it that one of the workers was using."
MPCA Response - We did write the homeowner in question about the paint on the home. The homeowner was asked to contact the office and submit a notice. The homeowner had not made contact to let us know they were working on it, nor submitted an ACC Request Form. Upon the third inspection, there is a ladder in the picture. Even though a ladder was out the home was not painted and there had been no communication, therefore the next letter was sent. In order to avoid additional notices that you are working on, please communicate with the office.
June 19, 2019 "Why don’t they focus on the businesses run out of homes or six families living in one home."
MPCA Response - While lawn maintenance may be trivial compared to a business being operated from a home or six families living at one 'single family dwelling', we do address all matters. Some are more complex and harder to prove. What constutes a single family can be challenging.
June 19, 2019 "Having 3 drivers and sending so many more letters has not improved the overall appearance. We have great looking houses and yards and the same crappy ones. What I am saying is, the extra drivers and money spent has made no difference. The letters are irritating a lot of good people AND THE BOARD WILL NOT LISTEN."
MPCA Response - Each home is inspected by ONE inspector not three. We do feel that the neighbor is looking better than ever. We are not spending extra money, but actually due to our new software and procedures implemented in 2017 we are spending less on contracted hours for inspections. We are willing to listen and discuss.
June 19, 2019 "Much worse than in the past and letters for stupid stuff. The real problem houses 3 years ago are still problem houses today. The fines are surely stacking up on those houses. With all the costs associated with so many drivers, emails, letters, postage, office hours, it is costing homeowners. I look for a dues increase. And homeowners are powerless to stop the letters and it does absolutely no good to voice our frustrations. If we are made to comply with the documents, then the 5 board members shod have to do the same."
MPCA Response - Incorrect. Site inspectors are writing for the same matters they have written for in the past: lawn maintenance, dirt/mildew/discoloration, rotten wood, exterior paint, trash cans in view, stored items. Due to software conversion and procedure changes we are actually spending less in site inspector labor than before. We do not anticipate dues to increase this year. We are happy to hear your concerns and discuss. Board members have gotten letters of their own.
June 19, 2019 "Today I actually got a notice because my yard needs mowing. I pay a man weekly. This week it was raining so he couldn't get it done. He will fit is back in the schedule. It has been a week since the last moving. He mows on Mondays. Lighten up HOA. Single, divorced and doing the best I can."
MPCA Response - This was a courtesy letter and the first letter that this homeowner had received in 2019. In looking at the picture, the grass is tall. The inspector does not know that the grass man was not able to come or the last time they came. We have tried to make the courtesy letters as friendly as we can and just a reminder.
May 20, 2019 "I highly recommend the following from ex board member Barbara Burleson (draft): "We have 3 drivers who drive 2 a month. There are several months through out the year that there is only ONE deed inspection performed. On average we have an inspection every THREE weeks. 1. Do inspections at least 1 day after trash pickup, based on the different trash companies, i.e MUD 81, on Tues or Fri. after our pickup on Mon and Thurs As previously stated, this is the format for which trash can violations are written up. 2. Log and take pictures of the violations on the first drive of the month. 3. On the second drive of the month, check the violations for the first drive and if violations are still there, mail out the courtesy letters. This is how the site inspectors handle some of the violations such as misc. stored items.4. Only send letters once a month (saves lots of money) See response above. This would not save money. 5. Use common sense in issuing violations. If it has been totally rainy, cold, nasty, do not write about leaves, twigs, grass not being mowed, etc. Prior to site inspection, all three drivers and the office, discuss if there is a weather related violation and such a violation will not be written up for. For example, we do not write homeowners in regards to missing SOD or bare spots during the winter months, usually November through March just depending on the weather. 6. The 3 pot violation must go unless there are empty pots setting there for weeks. The inspectors actually use a 5 finger rule on this, for empty pots and garden center black plastic. 7. No letters on mold until there has been ample time to clean up mold. Take in consideration time schedules. Unless people have lawn service, most people mow on weekends. If it rainy Sat or Sun, do not send out letters. Unless the grass is 2 feet tall and runners are in the street. Go easy on cracks in driveways. All driveways are old and most of the driveways have no expansion joints (the wood between concrete). We agree and go by these guidelines. 8. in hot weather, an exception should be made about mowing every week. Due to water shortages, and the hot weather, most people recommend mowing every other week, to keep grass healthier." We have found that MOST of our residents mow every two weeks not every week that may have gotten a lawn letter.
May 20, 2019 "Is it just me, or is our HOA board rating itself?"
MPCA Response - The community Facebook page is maintained by the MPCA Office. The Board members do not create post. If they would like to review or comment that is there personal choice to do so. There is one Board member who posted a review on the office staff.
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.