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Georgetown family faces lawsuit over playscape for terminally-ill son

purplepride95

By purplepride95
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Cajun

Cajun 11740

Posted
Posted (edited)
21 hours ago, Huckleberry said:

I think @Beau Vine hit on the correct solution earlier. The Costas need to work with the Gottleibs' back fence neighbor who doesn't live in an HOA from what I can tell. They need to see if those guys are willing to put a big pink inflatable gorilla on this shed/garage roof:

image.png.6195636896992f8372770f4b4a9fe410.png

image.png.918aab47f62a276d88234dcb0ac1678c.png

Counterpoint would be that those back fence neighbors are also probably olds who live in Williamson County.

Oh the fun one can have with drones these days...

maxresdefault.jpg

Doe-Urine-with-Interdigital-Gland-Gallon

Edited by Cajun
Oh, shit! Sorry guys, thought this was the hunting and outdoor enthusiast forum.
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bolverk

bolverk 29717

Posted
Posted (edited)
13 minutes ago, Armybrat said:

God bless the person who invented the zoom feature, or else I wouldn’t be able to type kiss my ass.

My mom just had cataract surgery in both eyes last month. One cleared up fine after a week or so, but the other is still giving her trouble. Same happened with my dad, but he later got laser eye surgery and everything cleared up.

Edited by bolverk
ending thread derail
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TwiceHorn

TwiceHorn 31536

Posted
Posted
On 1/24/2020 at 8:01 AM, Jerry Callo said:

My guess regarding the HOA approval.  Plans submitted to HOA for approval.  Plans don't conform to the deed restrictions.  HOA approves plans but doesn't technically follow the procedure for granting a variance.  Dick, being a former board member and all around no value added do gooder, knows the variance does not meet the letter of the deed restrictions and sue neighbors for non-conforming playscape.  The wrath of the entire world comes down on Dick and Carole.  Carole cries for 3 days straight because her Dick is a dick.  Dick, reluctantly because he is right, drops the case.

So, question:  how much detail about HOA restrictions is contained in the deed?  I thought they just said subject to the XYZ HOA.

In other words, I thought HOA mostly did away with any kind of deed restriction as a less-rigid way of accomplishing essentially the same thing.

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Jerry Callo

Jerry Callo 8727

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Posted
9 minutes ago, TwiceHorn said:

So, question:  how much detail about HOA restrictions is contained in the deed?  I thought they just said subject to the XYZ HOA.

In other words, I thought HOA mostly did away with any kind of deed restriction as a less-rigid way of accomplishing essentially the same thing.

The deed restrictions are not set out in most deeds, although they could be.  Most neighborhoods are governed by the Covenants, Conditions, and Restrictions (CCRs) which are commonly referred to as deed restrictions.  Many properties are burdened with CCRs even if they don't have HOAs.  When a neighborhood begins, the developer drafts the CCRs for the subject properties.  Under most CCRs, the developer is in sole control until the lots get sold.  The developer usually relinquishes control over to an HOA.  The HOA is then tasked with governing the neighborhood consistent with the CCRs.  HOAs enforcement of the CCRs often swings like a pendulum from strict enforcement to lax depending on the changes to the HOA leadership.   Without the certainty of the CCRs neighborhoods would be anarchy.  It's bad enough even with the CCRs because enforcement can be ever changing.  That is why properties burdened by the same CCRs are usually given the right to enforce the restrictions without the HOA.   

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TwiceHorn

TwiceHorn 31536

Posted
Posted
1 hour ago, Jerry Callo said:

The deed restrictions are not set out in most deeds, although they could be.  Most neighborhoods are governed by the Covenants, Conditions, and Restrictions (CCRs) which are commonly referred to as deed restrictions.  Many properties are burdened with CCRs even if they don't have HOAs.  When a neighborhood begins, the developer drafts the CCRs for the subject properties.  Under most CCRs, the developer is in sole control until the lots get sold.  The developer usually relinquishes control over to an HOA.  The HOA is then tasked with governing the neighborhood consistent with the CCRs.  HOAs enforcement of the CCRs often swings like a pendulum from strict enforcement to lax depending on the changes to the HOA leadership.   Without the certainty of the CCRs neighborhoods would be anarchy.  It's bad enough even with the CCRs because enforcement can be ever changing.  That is why properties burdened by the same CCRs are usually given the right to enforce the restrictions without the HOA.   

Gotcha.  

Are the CCR contained in the deed?  Or does the deed merely recite that it is subject to them?

Also, I had a kind of similar theory about the "architectural review board" Dick squawks about.

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Updawg

Updawg 2286

Posted
Posted

I’d use it to make it even bigger, then invite ALL the kids over. Every damn day.
Inflatable bouncy houses and slides non stop. Get people to accidentally knock on the wrong door constantly looking for the fun house. Park in front of his mailbox and driveway constantly. Make him stroke out.
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Francisco 2.0

Francisco 2.0 32428

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It would be nice if the neighbors behind did not have an HOA of their own, wanted to get in on the fun, and imported about a dozen goats to live in their back yard.  You know, just to keep the grass and whatnot trimmed up and such.

Maybe even construct a ramp to allow the goats to get up on the roof of their shed.  

Or chickens.  A nice coop parked against the fence, with some roosters crowing each morning would be magnificant.

Or a hog or two.  Those are great for property values, or so I've heard.

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Jerry Callo

Jerry Callo 8727

Posted
Posted
11 hours ago, TwiceHorn said:

Gotcha.  

Are the CCR contained in the deed?  Or does the deed merely recite that it is subject to them?

Also, I had a kind of similar theory about the "architectural review board" Dick squawks about.

CCRs are often referenced in the deed by the recording number.  CCRs have to be recorded in official records of the county.  Once they are recorded they attach to the property regardless of being referenced on the the deed.  For example, when amendments to CCRs are adopted they are filed of record and deeds are not changed.  Filing in the official records gives notice to the world that the property is burdened by CCRs.

The architectural review board or architectural control committee (ACC) is a separate entity from the HOA, but often has some or all of the same members.  The ACC is the entity that the developer controls early on and then relinquishes control to homeowners.  If there is an ACC, then the enforcement and granting of variances for CCRs is handled by that group.  In Dick's case, I suspect the board voted to approve the little kid's playscape, but didn't follow the ACC procedures completely.

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TwiceHorn

TwiceHorn 31536

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Posted
19 minutes ago, Jerry Callo said:

CCRs are often referenced in the deed by the recording number.  CCRs have to be recorded in official records of the county.  Once they are recorded they attach to the property regardless of being referenced on the the deed.  For example, when amendments to CCRs are adopted they are filed of record and deeds are not changed.  Filing in the official records gives notice to the world that the property is burdened by CCRs.

The architectural review board or architectural control committee (ACC) is a separate entity from the HOA, but often has some or all of the same members.  The ACC is the entity that the developer controls early on and then relinquishes control to homeowners.  If there is an ACC, then the enforcement and granting of variances for CCRs is handled by that group.  In Dick's case, I suspect the board voted to approve the little kid's playscape, but didn't follow the ACC procedures completely.

Thanks for the response.  Obviously, I get the theory of HOA, but missing some of the practical details, like the "enabling" paperwork.

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Horn Dog

Horn Dog 9931

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Posted

If there was any justice in this universe this is how it would play out:

1.  Gofundme cash results in a miraculous cure for the kid.

2.  Kid grows up  to be CEO of a largest playground construction company.

3.  Gottleib house is foreclosed and turned into a park.  Kid donates the world’s largest playground for the new park.

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MissingInAction

MissingInAction 25186

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Posted

I grew up in that area, and the shittieness of the olds and cock munches from out of state can not be over stated. Our neighbor would yell at me and my buddy fro playing our GI Joes anywhere near his precious trees. Hardly any fences in that neighborhood back in the day. That shit head would also give us one single candy corn or a penny for Halloween. 

Me and my crew threw a flaming shit bag at his door one halloween , and TP'd it relentlessly throughout the years.

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High Plains Drifter

High Plains Drifter 11052

Posted
Posted
On 1/25/2020 at 7:45 PM, TwiceHorn said:

Gotcha.  

Are the CCR contained in the deed?  Or does the deed merely recite that it is subject to them?

Also, I had a kind of similar theory about the "architectural review board" Dick squawks about.

 

On 1/26/2020 at 7:19 AM, Jerry Callo said:

CCRs are often referenced in the deed by the recording number.  CCRs have to be recorded in official records of the county.  Once they are recorded they attach to the property regardless of being referenced on the the deed.  For example, when amendments to CCRs are adopted they are filed of record and deeds are not changed.  Filing in the official records gives notice to the world that the property is burdened by CCRs.

The architectural review board or architectural control committee (ACC) is a separate entity from the HOA, but often has some or all of the same members.  The ACC is the entity that the developer controls early on and then relinquishes control to homeowners.  If there is an ACC, then the enforcement and granting of variances for CCRs is handled by that group.  In Dick's case, I suspect the board voted to approve the little kid's playscape, but didn't follow the ACC procedures completely.

 

I had the unfortunate experience of serving on an HOA board some years back. IIRC, the "architectural review committee" or whatever we called it was one or two board members plus some other property owners (basically any warm body we could find who would volunteer for that shitshow), but they reported directly to the HOA board. The ACC merely went and made sure any new construction was or would be in compliance with the deed restrictions (which mainly meant making sure buildings were a certain minimum distance from the property line and weren't going to be used for rentals). They didn't actually decide on variances or exceptions. That was done by the actual board.

 

Our deed just says something like we are subject to restrictions, as detailed in this other document called yada yada yada. The actual listing of the restrictions was another piece of paper completely.

 

A couple of times, a property owner (who had usually just bought the property) would do something that was prohibited in the restrictions, and they would claim ignorance saying it wasn't in the deed when they bought the property. My standard response to that was "fix it or tell it to the judge. And just so this unpleasantness doesn't happen again, here is a copy of the restrictions that your deed does in fact mention, I suggest you read it next time before you do anything." These assholes generally had the attitude that since we weren't in an actual incorporated area, they could do whatever the hell they wanted, "because its my land, by god." Sorry dude.

 

 

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Guest Lobo

Guest Lobo

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Posted
5 hours ago, Jerry Callo said:

Bamboo along the fence line should do the trick.  Always bamboo when you want to prove a point to the neighbor.

This.  Also when you want to prove you have no outdoors concept about you and you love mosquitoes For no apparent reason

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Asithappens

Asithappens 974

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Posted
On 1/24/2020 at 8:55 AM, MissingInAction said:

My parents live in that neighborhood. Pops is aware of the situation, has plans to piss all over Dick's door one night, and I may participate. 

Those are some nice shrubs/plants.

Shame if someone sprayed Round Up on them. Same with the yard. Just a shame.

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Chopper

Chopper 17245

Posted
Posted
On 1/26/2020 at 6:19 AM, Jerry Callo said:

CCRs are often referenced in the deed by the recording number.  CCRs have to be recorded in official records of the county.  Once they are recorded they attach to the property regardless of being referenced on the the deed.  For example, when amendments to CCRs are adopted they are filed of record and deeds are not changed.  Filing in the official records gives notice to the world that the property is burdened by CCRs.

The architectural review board or architectural control committee (ACC) is a separate entity from the HOA, but often has some or all of the same members.  The ACC is the entity that the developer controls early on and then relinquishes control to homeowners.  If there is an ACC, then the enforcement and granting of variances for CCRs is handled by that group.  In Dick's case, I suspect the board voted to approve the little kid's playscape, but didn't follow the ACC procedures completely.

The CC&Rs have also become a money-making scheme for some HOAs - when a new owner purchases property in a neighborhood that has a HOA, the HOA will charge a relatively hefty sum (think $100 or $250) to provide the new owner a copy of the CC&Rs, as well as an additional fee to allow the new owner to become a member of the HOA and get registered in the HOA database. These fees are charged at closing and are not optional.

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Pato del Muerto

Pato del Muerto 52598

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Posted
On 2/2/2020 at 3:04 PM, Chopper said:

The CC&Rs have also become a money-making scheme for some HOAs - when a new owner purchases property in a neighborhood that has a HOA, the HOA will charge a relatively hefty sum (think $100 or $250) to provide the new owner a copy of the CC&Rs, as well as an additional fee to allow the new owner to become a member of the HOA and get registered in the HOA database. These fees are charged at closing and are not optional.

When I lived in sienna plantation, the HOA had a 1 or 1.5% fee if you sold your home- unless you were also buying another home in sienna plantation.  Several thousand dollars just to leave. 

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Longhorn Al

Longhorn Al 440

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Posted
On ‎1‎/‎23‎/‎2020 at 1:25 PM, Huckleberry said:

I think @Beau Vine hit on the correct solution earlier. The Costas need to work with the Gottleibs' back fence neighbor who doesn't live in an HOA from what I can tell. They need to see if those guys are willing to put a big pink inflatable gorilla on this shed/garage roof:

image.png.6195636896992f8372770f4b4a9fe410.png

 

 

That's a big house for such a small Dick.

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