07/22/2024
WIMBERLEY TEXAS ..........SHARING....this begins MONDAY July 22st, 2024- WoodCreek and Eagle Rock Property Owners......................
Eoin Kenna
Mount Baldy Eagle Rock
• 3 days ago •
ATTENTION FOLKS IN THE WOODCREEK OWNERS PROPERTY ASSOCIATION. They have sent an email today stating that as of Monday July 22, 2024 voting to unify the WPOA sections shall commence. POA's have been notorious in over writing a property owners rights.
The proposed CC&R's are much restrictive and take away any power a Property owner will have. Our current by laws in Eagle Rock 1-2-3 are sufficient for our needs. This however applies to ALL of the WPOA area and that means you guys in Woodcreek and Woodcreek North.
The WPOA can foreclose because of unpaid fees now they want to add accessing your property without your knowledge or approval. New setbacks on the sides and back of your yard taking even more useable yard away; from 5 feet to 71/2 to 10 feet! Flags will be restricted, what flag, condition of flag, noise from the flag, height, rope noise and it goes on.
The Biggest one is the new ability to raise dues by 10% EVERY SINGLE YEAR. Yes, every year. Granted a vote has to occur but not with 80% of owners, just 51%. If you get people that do not read or don't understand you are going to start paying more money every year. We have enough high bills with taxes, food and insurance, we don't need higher fees!
The old CC&Rs had protection for Property owners. The new proposed CC&R's takes any protections we had away. We have all seen the horror stories on the news about over zealous HOA boards going hard against property owners on the smallest things including their house being auctioned off to pay a 3k fine (yes that's right!)
The new CC&R's will NOW allow a person from the WPOA to come onto your property without your permission. Our current CC&R's does not allow this.
~7.03 Indemnification. The WPOA hereby indemnifies its Directors, Officers, Employees, Committee Members, Servants, and Agents to the fullest extent possible under the law. So, you can't Fight Back. You lose your rights and they (WPOA stated above) suffer No Consequences for ruining your life over a small fine that you may get no notice of because... see the next
~the current CC&RS allows recourse against the POA and this happened years ago from a completely different board that was robbing the POA blind. Accountability needs to stay in!!
10.03 Property Owner Fee Increases.
10.05 Additional Fees, Assessments, and Fines. The WPOA may charge a reasonable transfer fee to Owners upon the transfer or refinance of any property in the Subject Area. This charge will be set by WPOA Board action and may be changed, from time to time, by WPOA Board action without a vote of the Membership. Changed! No listing of the fees have been included!!!
This allows the WPOA to fine you at will. This allows the WPOA to fine you, and if you are late access penalties and fees and than take your home to auction. THIS IS NOT THE TEXAN WAY.
HB 614 and HB 1193 were just passed for 2024 and are specifically for POA's/HOA's
HB 886 Assessment Lien Filing for non payment allowing the foreclosure on your home. It address how the POA will contact you. However in the proposed CC&R's there is a provision to negate this and another provision so that you cannot go against the POA and another provision that you cant go after the board. So no protection. They even go so far to state that even if you don't get an email or a USPS mailing they are not responsible for lack of notice to you!
HB614 is Fines and Enforcement which requires policy's on levying fines, including a schedule of fines for EACH category violation and hearings. Nothing addressing this is in the CC&R's they want us to vote on. It states they will address it after. No, this is not what HB 614 had in mind.
5.02 Rental of Residences. Unless noted in Appendix D, no Short-Term rentals shall be allowed on any Lot, and the Improvements thereon. As defined in this Unified Declaration short-term rentals as those under six (6) months in duration. Nothing in this Unified Declaration will prevent the rental of an entire lot and the Improvements thereon by the Owner thereof for residential purposes, for a term of at least six (6) months. In such event, both Owner and tenant will be responsible for compliance with this unified Declaration and all other Governing Documents.
~It will stop any STR even legal ones that are registered by the State of Texas and following all rules. This also means that you Must rent out your home for no less than 6 months. The State of Texas defines long term as 30 days, this is an overstep of your rights as a Texan.
I am aware that some folks have issues with corporate STR's and they can be addressed under current rules and to be fair are not an issue in Eagle Rock unlike Woodcreek. Owner occupied STR's following all of the rules, licensed with the State of Texas and paying taxes are contributing to the economy and local taxes for Wimberley and Woodcreek. This is a death sentence for retirees that relie on an income from an STR and are running it legally and that the neighbors use all the time for their Family. THIS IS COMPLETELY DIFFERANT THAN A CORPORATE OWNED STR which is a huge issue in Woodcreek, Not in Eagle Rock.
YOU LOSE YOUR RIGHTS IF YOU VOTE YES. PLEASE VOTE NO TO PRESERVE YOUR CURRENT RIGHTS. THE NEW BYLAWS ARE MUCH, MUCH MORE INVASIVE AND AGAINST THE PROPERTY OWNERS.
I STRONGLY SUGGEST AS A TEXAN YOU VOTE NO ACROSS THE BOARD ON THE NEW BYLAWS. ESPECIALLY THOSE IN EAGLE ROCK AS OUR BYLAWS ARE THE STRONGEST AND WE DONT NEED ANYONE TO HAVE THE RIGHT TO ACCESS OUR PROPERTY OR CHARGE US HIGHER DUES OR FAILURE TO PAY THE FINES GET YOUR HOUSE AUCTIONED OFF FROM YOU.
There is more, ask questions, vote no!
