1-31-2009 - Generic Threat Letter

I recently got this letter from the Property Management Company and HOA. Notice it is directed to "Resident". Notice it is vague, with a list of violations of which I may have been notified in previous months. It threatens all residents with these violations with legal fees "up to $5000".

Nice, except that this document violates Texas Property Code, see below:

Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION. (a) Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail, return receipt requested.

(b) The notice must:

(1) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner; and

(2) inform the owner that the owner:

(A) is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; and

(B) may request a hearing under Section 209.007 on or before the 30th day after the date the owner receives the notice.

-Ok, me again. This is the third time I've gotten mail from the association, threatening to sue me, not sent Certified Mail, Return Receipt.



The picture above links to a 2 page PDF. The second page is a flyer for Burns Under Pressure. The association is recommending them for pressure washing and other tasks.

So, what to do about this:

1. Contact Real Manage (Info), ask them why they aren't following the rules and regulations.

2. File an Online Complaint with the Texas State Attorney General's office. The HOA and Real Manage have to follow the rules.

12-21-2008 - Checking things out.

I recieved two letters from the HOA and Management Company dated 12-17-2008. One said I had dead grass in my yard, the other said that I have Mildew on my driveway. So, I set of with my digital camera, and a list of the HOA Board addresses to see what I might find.

The first thing I found is a house that has had unfinished improvements for SIX years. Multiple complaints to the HOA over the years has done nothing to correct this problem.



After that, I crusied by this house that has a Metal Roof. I asked at the yearly HOA meeting what was being done about this roof. The HOA informed me that they were unaware of this roof that violates the Deed Restrictions. Yet the roof has been this way for over a year, and our deed restrictions clearly state that roof compisition must be Asphalt Composite Shingles.



Next, I drove over by our Common Area. I wanted to see if there was mildew on the parking lot and sidewalks. Look, there is Mildew on the sidwalks and parking lot.











Ok, now it was time to drive by the director's houses.

Below you will see the view of Michael K Slider's house at 2514 Sunray Court. Mr. Slider is keeping a very lovely, broken down vehicle on his driveway, a violation of deed restrictions. We are not allowed to keep non-functioning cars on our property in plain sight.



Next, Kelly C Flanagan, 9101 Sunrise Trail. I couldn't get a good picture, but under the White Lexus there are extensive oil stains.



Finally, Myrle C Foraker (or Association President!) 9403 Sunnyview Court - even after sending me TWO letters about my driveway having mildew, his looks worse than mine!



None of the other board members had any violatoins to report. So I ask, if the directors dont' follow the rules, and the common areas are not maintained to standards, why am I suddenly getting letters after six years?

FAQ & Contact Information

Frequenty Asked Questions:

1. What is Sunrise Lakes Homeowners Association?

Sunrise Lakes Homeowners Association is a governing board put in place by the deed restrictions of the Sunrise Lakes subdivision in Pearland, TX, USA.

It's job is to maintain public areas and enforce deed restrictions. Every homeowner should be given a set of said deed restrictions at the time of closing on their home.

This association is bound by the Texas Non-Profit Corporation Rules and the Texas Property Code.

To aid in the completion of it's required duties, the association has also hired an outside property management company. The curent property management company is Real Manage.

2. Where can I find a copy of the Texas Property Code?

http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm

3. Does Real Manage have a website for homeowners?

Real Manage Residential Portal

4. Where can I find a copy of the Texas Non-Profit Corporation Rules:

Texas Non-Profit Corporation Rules

5. Who currently comprises the board of directors?

Currently Real Manage cannot provide the date that our current board was elected, they are only able to say that the current board was elected before they took over the association management from Houston Community Property Management.

Your Board Of Directors:

President
Myrle C Foraker (Note - House for sale 2-14-2009)
9403 Sunnyview Court

Treasurer
Kelly C Flanagan
9101 Sunrise Trail

Vice President
Chris Jayne
9407 Sunnyview Court

Secretary
Kevin S White
2510 Sunburst Lane

Director
Michael K Slider
2514 Sunray Court

6. How do I contact my represenative at Real Manage?

Real Manage Propety Management:

Our direct neighborhood represenative is Myron Bruines, here is his e-mail address:

myron.bruines@realmanage.com

If Myron is unable to help you, his supervisor is Sharlene Rhea, here is her e-mail address:

sharlene.rhea@realmanage.com

The Real Manage Website can be found here:

Real Manage Website

Here is the physical address of their Houston office:

Houston
11777 Katy Freeway
Suite 441
Houston, TX 77079