Please allow 72-96 hours to process. Questions related to community only.
Privacy Fences (who is responsible to maintain fences?):
The CCR’s for Wildhorse do not specify who does or does not have responsibility for fence maintenance. Fences that stand solely/entirely within a property owners property line are the responsibility of that property owner. Fences that stand on the dividing line between homeowners are a shared responsible to both homeowners to maintain. (There are no Texas laws/codes that specify that the "smooth" side or picket side designates who is responsible to maintain).
Information regarding fences and standards can be found in a homeowner's respective 'Use Restriction' (typically in Article VI, Fences). These can be viewed at: http://www.spectrumam.com/ under governing documents.
We generally advise homeowners to split the cost of fence replacement for shared fences.
In addition, there have been instances of homeowners erecting “double fences” (e.g., fence pickets installed on two sides). When the homes were built, this sort of fence was not installed and double fencing is not allowed in the subdivision (and would have been disapproved for modification by the ACC). As with all unapproved exterior modifications, the homeowners would be responsible (and incur the cost) of bringing the residence into compliance with the governing documents or curing the violation.
Parking spots in front of homes:
Unlike communities that have gated access, when this subdivision was set up the HOA was not incorporated with the authority over the public streets within the subdivision. All streets are public right-of-ways within the community, so Bexar County has the authority and responsibility to manage all traffic and parking. The only designated parking areas in the community for residents are their respective driveways. If someone is parking in your driveway, blocking your driveway, or blocking a sidewalk you can contact BCSO non-emergency number at: 210.335.6000.
The street areas in front of houses are not designated parking for any particular resident. Since they are considered public right-of-ways (streets) anyone can park in those spots, and as such the HOA has no authority to enforce or alter parking on public roads.
Are there any plans to be annexed into San Antonio or Helotes?
On May 9, 2013 the San Antonio City Council released the 6 mile radius of extraterritorial jurisdiction (ETJ), land in which Wildhorse currently resides. to the City of Helotes.
In December 2014, The City of Helotes presented and answered questions of residents in a quarterly HOA meeting.
The ETJ is ‘unincorporated land’ that is contiguous to the corporate boundary of a city. In our case, we ended up within Helotes’ boundary and only Helotes would be authorized to receive a petition to ‘incorporate’ the subdivision into the City of Helotes. The city cannot annex any land until they receive a petition from the majority of the property owners in whichever area is seeking annexation. After the petition is received by the City, they would research the request to determine whether it would benefit the City to approve the annexation. If it is determined that it would be a positive for the City, especially from a fiscal point of view, it is then up to the City Council to approve or deny the annexation request.
The two options for the present time would be to petition to join the City of Helotes OR for the subdivision to remain in the unincorporated ETJ area. Unless the state changes the law, we have no option to be annexed by the City of San Antonio. If we remain in the ETJ, residents would not pay the higher City taxes or city fees.
At this time there is no commitment from the HOA or its Board Members to join Helotes.
Why can't we vote for the actual amendment online and separate each amendment
Once the BOD decided to pursue the amendment action, the paperwork was developed and reviewed by the community’s lawyers. This action took some time, and since the vote for the amendment requires 67% of the community (that is 1,396 votes) over a period of time, there was no way to have the amendment drafted and passed by the 1,396 residents by the time the annual meeting occurred.
The BOD anticipates the vote will take almost all of the next 11 months (it's a fair number of owners to reach), at which time we would call a ‘special meeting’ of the association to formally pass the amendment (and then file with the County Clerk). The current board decided that there is more urgency to get the business of the annual meeting/BOD election accomplished while we collect votes via hard copy/e-mail until the night of the annual meeting.
On the evening of the annual meeting (March 19, 2015), the electronic voting for the amendment will ‘go live,’ and residents will be able to log on and vote on the issue. The voting on-line will be enabled for however long it cumulatively takes us to get the 1,396 votes and at that time, we will make an announcement for the special meeting of the association. Special meetings of the association are scheduled and announced just like regular quarterly or annual meetings and the community is invited to attend.
The BOD’s goal with this amendment is simple – we want to save the community time and money by allowing an action to occur (with a ‘checks and balance’ process), instead of racking up legal fees trying to solve egregious violations that affect the entire community’s resale value. Having lawyers and courts solve these issues is ultimately much more costly to the residents.
Why are we discussing an amendment at the Annual meeting?
When DR Horton set up the community, they filed different “Declaration of Use Restrictions” as the community was finished out. Currently, we have 19 different sets of book to follow. If registered, you can log into the http://www.spectrumam.com/ portal and go to ‘Governing Documents’ to see the list. The amendment will allow us to combine these documents into one easy-to-read document and standardize the documents. When the developer filed these documents, there are slight differences between the use restrictions.
Why can’t the BOD just change them?
The documents need to be reviewed, combined, and re-filed by a lawyer with the County Clerk’s office. Since it is changing a governing document, it takes 67% vote to amend the documents (CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT)
Why is there an enforcement amendment for vote?
An enforcement amendment (e.g., after notice to the owner, the HOA mowing and otherwise cleaning up an owner’s yard at the owner’s expense,) is an effective way to deal with the occasional resident who will not maintain his/her yard. Unmaintained yards can invite rodents and create health and safety hazards, not to mention being an eyesore to the neighborhood and an impediment to sales of nearby houses. Spectrum (the community’s management company) currently enforces the standards listed in the use restrictions (i.e., maintenance of lots, roofs, fences, etc.).
Currently, after all efforts to enforce these standards are exhausted, the association has to take an owner to court…which costs everyone in the community a lot of money and takes a long time to accomplish. This amendment allows the BOD to take action and charge the action to the respective owner. This can only be accomplished and authorized after a specific time period, a legal notice to the owner, and a special vote by the BOD in executive session.
Isn’t this considered trespassing on an owner’s property?
Prior to entering a property to address the noted violation, the resident will be contacted in writing regarding the pending action. Please note, in the second paragraph of the Enforcement Language it states ‘the time period with a minimum of 10 days to cure the violation.’ This would be considered reasonable for matters pertaining to overgrown lawns. This may be extended based on the type of violation to allow an adequate amount of time to address the specific issue.
Each violation letter sent to a resident includes the requirements listed below. The difference in what is proposed in the amendment is to ensure all areas of the community have the advantage of having a properly maintained lot. As an unkempt lot (especially if not addressed over time) could create a serious impact on the neighboring lots as well as the community as a whole, the best resolution at this time would be to not only combine the documents but also have the ability to maintain and even improve the property value of our homes.
These actions are in compliance per the Texas Property Code Section 209.006. Please find a copy of this below for your convenience.
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) They 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;
(B) may request a hearing under Section 209.007 on or before the 30th day after the date the owner receives the notice; and
(C) may have special rights or relief related to the enforcement action under federal law, including the Service members Civil Relief Act (50 U.S.C. app. Section 501 et seq.), if the owner is serving on active military duty.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 252 (H.B. 1127), Sec. 3, eff. January 1, 2012.
Can’t I report these types of violations to Bexar County?
Currently you can report some violations to Bexar County. They have a timetable to inspect and in turn, issue a Notice of Violation, giving the resident thirty days to abate the nuisance. They can continue to send notices to the resident, with little ability to enforce or fine the resident.
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