KHOU CBS Channel 11 Reports On HOA Abuse: See this exclusive on the CAI affiliated special interest lawyers (click title link to view video)-

Going head to head with homeowners' associations
08:32 AM CDT on Thursday, September 28, 2006
By Dave Fehling / 11 News
Click to watch video

If you own your home, you may belong to a homeowner’s association. They’re supposed to work to keep up the neighborhood.

But some of them may be out of control.

There’s a continuing controversy over powerful associations that have the ultimate weapon: the ability to take your home.
What’s in these letters kept this homeowner awake, they raised his blood pressure and made one woman want to hire a lawyer.

“That night, I couldn’t go to sleep,” said condo owner Yehya Chreidi.
Condo owner Shirley Schuett, who wanted to hire the lawyer, said, “It’ll cost a lot of money and I don’t have that kind of money, but I have to do something to save my home from these people.”

These are neighbors living in the condominiums on the west side.
As owners, they have an association that collects monthly fees to pay for maintenance, garbage pickup, cable TV.
And the law in Texas says if you don’t pay the homeowners’ association has a right to take your home and to foreclose on it which is exactly what some letters threatened.
But these residents aren’t ready to give in that easily. . . (click title link for more)


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See related area background on cases and contact your legislature to vote no on TUPCA. This bill was crafted by the special interest lawyers promoting this legislation:

http://www.petitiononline.com/homeback/petition.html -- Petition US Gov’t to stop unconstitutional HOA Foreclosures by special interest attorneys.

http://courtcn.co.fort-bend.tx.us/pls/public/ck_public_qry_main.cp_main_idx -- See if your HOA attorney is filing these cases in Fort Bend County.

http://pages.prodigy.net/hoadata/ -- Website on HOA foreclosure filings by attorneys. See if your HOA attorney is on this list!


http://www.bizjournals.com/houston/stories/2005/04/25/story8.html -- This case of another JDC community is stalled in arbitration.


http://www.stoptexashoaforeclosures.com/ -- Homeowners advocacy website (see TUPCA legislation info). THAG website.

http://www.fortbendnow.com/news/719/activist-slaps-back-in-countersuit-against-sienna-plantation-developer -- See Sienna Plantation related SLAPP-suit.

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Legislative Contacts:

Kyle.janek@senate.state.tx.us

Charlie.Howard@house.state.tx.us

Dora.Olivo@hous.state.tx.us -- Dora is the only rep. on this list not receiving campaign contributions from developers who support the special interest TUPCA bill (she may be the best one to contact for voting No on this).



Stay informed and keep in touch!

Chronicle Reports Missouri City Tightens Rental Property Registration Ordinance!

From the Chronicle: Mo City tightens restrictions for rental properties
Some view new law as intrusive; others as needed

By ZEN T. C. ZHENG

Missouri City landlords beware: Fix up your rental property or be fined.

Municipal officials have written into law a program that requires owners to register their rental property with the city and obtain a permit.


Landlords have until Feb. 1 to do so.

The registered residences are subject to periodic inspection by the city for safety and compliance with various government building and zoning regulations. . .

. . .The ordinance covers all types of dwellings, including single-family houses, duplexes, town homes, condominiums, trailers and apartments. . .

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Comment: MCC applauds the council on their efforts to keep this rental ordinance intact (including all multi & single family dwellings). This should better protect renters and the community!

FBISD Urbanization Underway (See this Update from SOS)-

Demographer Gives Shape & Scope To Fort Bend ISD's New Wave Of Growth

Everyone knew Fort Bend Independent School District was growing, but on Monday that growth took on shape and form, as an Austin demographer presented his sometimes-startling findings to the Board of Trustees.

With an increase of about 10,400 students over the past five years, growth in the 170-square-mile district has been palpable. But Dennis Harner of Harner & Associates showed the 64,000 students now attending FBISD represent, in a way, just the beginning.

At build-out (when there’s no more land available on which to build houses or apartments) FBISD will have 146,000 students, Harner’s projections show. Some 73,000 – more than the entire current student body – will be in elementary schools. . . (click title link above for more).

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Comment: Not good information for current or future families moving to FBC. The legislature should require school land kick-in by the larger development companies benefiting from the school districts reputations and subsequent property sales to help off-set the growth factor costs to districts when schools are located in those master-planned neighborhoods as an amenity.

TAKS “Testing Irregularities” at 22 FBISD Schools (from FBN -- Click Title link for more)-

State Cites 22 Fort Bend ISD Schools Over Potential TAKS 'Testing Irregularities'
by Bob Dunn, Sep 26, 2006, 09 12 pm

The Texas Education Agency has uncovered “student response patterns” that could indicate TAKS “testing irregularities” at 22 Fort Bend Independent School District campuses.

District officials said Tuesday they don’t believe anyone in the district is “cheating” on Texas Assessment of Knowledge and Skills tests. However, they acknowledged the TEA sent a letter Monday saying an “investigative audit of test security” will be required at all 22 schools in question. . .(get the full story above).

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Comment: It's amazing to me that the TEA is so hesistant to call cheating cheating!

BILLY BAINES BAT Captured at Sienna Plantation Area Middle School: BEING Tested For Rabies BY The Health Dept.

From khou.com (click title link above for entire story):


. . . A bat was also found Monday at Billy Baines Middle School in Missouri City.
The principal caught the bat in a jacket. No one came into contact with the bat.
The bat has been turned over to health authorities for testing.



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Stay informed and keep in touch!

More consumer friendly links . . . .

More Consumer/Homeowner Friendly Sites


http://missouricitychatter.blogspot.com/ -- Missouri City & Arcola Area website that tracks growth and other related issues (that may impact your home and property value).

http://www.save-our-schools.blogspot.com/ -- Track school issues at this alternative info site.

http://www.fortbendweb.com/ -- Alternative county info source.

http://www.fortbendnow.com -- Alternative county info source.

http://www.ahrc.com/new/index.php/src/home -- National homeowners million+ hit advocacy website (and state affiliates).

http://texas.ahrc.com/engine.php/submission;page=input,action=display,id=1169 -- Texas Homeowners Association news.

http://www.hobb.org/index.php -- National site for homeowners supporting quality construction.

http://www.hadd.com -- National site for homeowners supporting quality construction.

http://pages.prodigy.net/hoadata/ -- Website on HOA foreclosure filings by attorneys.

http://www.stoptexashoaforeclosures.com/ -- Homeowners advocacy website (see TUPCA legislation info). THAG website.

http://www.citizensforbettergovt.org/ -- Citizens for better gov’t website (out of Arcola). Follows airport expansion issues and the impact on local governments.

http://www.texaswatch.org/ -- Consumer website keeps an eye on the insurance industry in TX.

Is Your HOA Attorney On This List? Contact Your Legislature Today And Vote NO On TUPCA! -- Click the title link for the list --

Many of the largest master-planned communites in Fort Bend County are affiliates of the CAI (and their developer affiliated lobby group ULI and the special interest attorneys found in the linked lists above). They wrote the TUPCA bill that further removes homeowners rights and protections to their property. They are working avidly to see this bill through this legislative session (it passed committee in the spring). Call your TX representative today and tell them to vote NO on TUPCA! This clique is a powerful, well funded, politically connected group.

See these sites for more:

http://www.thetupcareview.com/

http://pages.prodigy.net/hoadata/

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Stay informed and keep in touch! Contact us at responsible_dvlpmnt@yahoo.com to get more involved than just a phone call...

...Mr. Markel -- Do not bother contacting us as we know you are on the all time lawyer foreclosure list linked through the title above and have many master-planned communities in this area on your client list (including Sienna Plantation). BTW, did you or your practice write that restrictive dissemination of information covenant in Sienna, during the petition drive last year to stop the developers up to 2700 apts?

City Addresses Missouri City Firestation #5 (Sienna MUD 1 Will Finance)-

From the Houston Chronicle:

Sept. 19, 2006
Sienna fire station step closer to reality
Mo City amends agreement with Sienna MUD 1

By ZEN T. C. ZHENG
Copyright 2006 Houston Chronicle

Municipal officials Monday decided that Missouri City will design and construct a fire station for Sienna Plantation.

Residents have been lobbying for the station.

Council preliminarily approved a supplement to a fire protection agreement between the city and Sienna Plantation Municipal Utility District 1 initiated four years ago. . .(click the title link above for entire story).

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Additional news from Mondays city council session include a new city ordinance that will require all rental properties in Mo-City to register. Early on, during the first reading, the Chronicle reported that apartments would be excluded, but in the final passage all rental properties were included (apartments too). With up to 2700 apartments proposed for Sienna Plantation this information was a bit of a relief after a very contentious 2005 city council February debates approving this grouping for Johnson Development of Houston (Larry Johnson, Pres.), the number 2 campaign contributor to Allen Owen, mayor of Mo-City who helped push the proposed apts. through council for his JDC backers which lead to a city ethics complaint against the mayor and a JDC lead SLAPP-suit response against those Sienna residents who filed the complaint against the mayor last year.


Stay informed and keep in touch!

Silverlake Resident's Lawsuit Update vs. Johnson Development Co. Appointed SL Board of Directors—

“Meanwhile, residents say that the confusion over board representation began when Johnson Development Corp. took over the 4,000-acre master-planned community -- located just east of State Highway 288 -- from Southwyck Limited Partners in the late 1980s and early 1990s and certain board members were replaced.” HBJ (Ap. 2005)

In the Spring of 2005 the usually quiet residential neighborhood of Silverlake in Pearland filed a lawsuit against their board of directors, which at the time still had Johnson Development Co. employees serving on it. Apparently, and according to an insider update on this case, midway through its second year, the suit is stalled in arbitration.

The original case was filed when some Silverlake residents attempted to vote in their own board members and get the current board to certify the election. When the current board refused the residents filed suit to access financial records for the community.

Why is this important to Sienna Plantation?

Sienna is another Johnson Development Co. (JDC) community with 3 of its current board members who are also JDC employees. MCC will continue to follow this story as it develops and report any resolution to it and what those outcomes might mean for our area as we approach build-out.

Click the title link above for background on this piece from the Houston Business Journal.


Stay informed and keep in touch!

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Comment/Notes: Just a side note of interest Marc Markel is the attorney for the SL board and also happens to represent the Sienna Plantation Board and our Community Services Board (which is supposed to operate as a separate board from the JDC developers and our developer appointed HOA board). Additionally you may find it interesting that the community services board here in Sienna is also appointed by the developer after failed attempts over the last 3 years to create a rotating resident/homeowner postion to that board. Finally, Mr. Markel is on the all time HOA lawyer foreclosure list (see http://pages.prodigy.net/hoadata/) and has helped co-author an anti-homeowner/consumer bill that is currently before the Texas legislature called TUPCA (Texas Planned Universal Communities Act). This act threatens to expand developer and HOA control over homeowners living in these communities. See http://www.thetupcareview.com/ for more and contact your area legislature and tell them to vote NO on TUPCA this session!!!

Major County Scandal News Breaking (Click on this link for FBN story)-

Follow the title link above for the entire story and remember the commissioners just voted themselves a healthy 15-17% raise recently. Also remember that Sienna residents do participate in these elections (too bad no body is up this time around).

From FortBendNow.com: Proposed Property Registration Law Watered Down (City leaves out apartments)-

See this Op/Ed. piece in FortBendNow.com on the recent move by Missouri City council to water down its proposed rental property registration ordinance to exclude apartments, against protest from several HOAs in the city (click title link above).


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Stay informed and keep in touch!

Texas History on Stopping SLAPP-suits and Protecting Consumers Poor (24 States Have Laws in Place)-

The following is a summary on the poor history of TX law makers to protect consumers/taxpayers/voters from harrassing litigation by large corporate entities know as SLAPP-suits (Strategic Lawsuits Against Public Participation) outlawed in 24 other states:



Texas: Proposed Statutes
[Updated April 15, 2005]



Current Bill

HB 329 (as introduced)
This bill was introduced by Rep. Richard Raymond on Feb. 2, 2005. The bill provides a mechanism for dismissing "bad faith" complaints (defined as either "groundless" or brought for the purpose of harrassing or intimidating) against persons who have complained to a government (or "quasi-government") agency. It does not expressly refer to constitutionally protected expression or the right of petition. Supporters of the bill should contact Tom Blackwell.



Past Bills

A bill introduced in 1995 passed the state House of Representatives (149 - 1) but not the Senate. A new bill was introduced in 1997 by Rep. Richard Raymond (H.B. 1319). On April 14 the bill unanimously passed the House State Affairs Committee with only minor amendments. The bill was calendared for action in the House but died for lack of action because of a deluge of pending bills at the end of the regular session.

In 1999 a new anti-SLAPP bill (H.B. 2488) was introduced by State Representative Dale Tillery (D-Dallas). The bill passed in the House. It was heard at the last minute in the Senate Committee on State Affairs, whose members voted against it.

The 1999 bill was drafted and sponsored by Texas Neighborhoods Together, a statewide coalition of citywide umbrella neighborhood associations. TNT represents some 900 neighborhood associations, homeowners associations, and civic leagues. The bill was supported by, among others, the Texas Municipal League, the City of Dallas, and the Texas Trial Lawyers Association.

In 2001 the same bill was reintroduced by Rep. Tillery (H.B. 1834), but was not reported out of the House Civil Practices Committee. Another anti-SLAPP bill, H.B. 2723, passed but was vetoed by the governor on June 17, 2001.

The fifth attempt to enact an anti-SLAPP law in Texas began March 11, 2003, when Rep. Richard Raymond introduced HB 2267. The bill was passed out of the House Civil Practices Committee after public testimony but was lost in the legislature's focus on redrawing boundaries of Congressional district.



Resources

Baruch, Chad. "If I Had a Hammer: Defending Slapp Suits in Texas" 3 Texas Wesleyan Law Review 55-70 (1996).

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Comment: Stay tuned for recent updates on the Sienna residents/homeowners Fraud, Trade Deception, Harrassment, Negligence counter-suit (SLAPP-back) and recent motions by Johnson Development Co. and their Houston based international law firm Howrey LLP.

Stay informed and keep in touch!

From the Chronicle: Mo City seeks cure for loss of hospital

Mo City seeks cure for loss of hospital
Christus officials plan to revisit possible project

By ZEN T. C. ZHENG
Copyright 2006 Houston Chronicle

With the only full-service hospital in Missouri City set to move away, municipal officials are scouting for medical providers interested in launching services in the community as the population continues to surge. . .(click title link above for full story).

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Comment--remember this news was first brought to area homeowners by this blog in April '06... :-)

From the Chronicle: Mo-City Officials Vote To Register Rental Homes but NOT APARTMENTS!

Mo-City Officials Vote To Register Rental Homes but NOT APARTMENTS!

In other news

City Council unanimously adopted a resolution introducing a city inspection program for rental homes.
The purpose of the inspection program is to improve the overall condition of rental homes in the city, to establish a mechanism for notifying rental property owners of code violations and to ensure compliance with safety regulations, said Mike Fogarty, community block development grant coordinator.

The rental properties in the city account for a lot of code violations, and the city found it hard to notify the owners about the violations, Fogarty said.

The rental property owners have to register with the city and pay a rental registration permit fee of $50. City Council has not yet approved the fee.

After a second reading of the resolution, City Council is expected to set the permit fee.

Apartment complex owners, who conduct their own inspections, are exempt from the city ordinance on rental properties.

Two residents spoke in favor of the ordinance. Barbara Gibson of the Brightwater Homeowners Association said the rental properties caused problems as they are not properly maintained and it would be beneficial to the community if they are inspected and regulated.

Bill McRea of Thunderbird West HOA also welcomed the idea of inspecting the rental properties, as more than 8 percent of the 400 homes in his subdivision are rented out.

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Comment--WHY AREN'T ALL CITY RENTAL PROPERTIES SUBJECT TO THE NEW ORDINANCE MR. MAYOR?

--Interesting too that the city is going to spend so much tax dollars on a PR firm and image (60k)??? Did they ask the taxpayers/voters if they support this???

From FB Star: Political Patronage Alive and Well in Fort Bend County . . .

Sheriff refuses to send sentenced driver to TDC
Daughter of victim protests special treatment;
asks what price keeps driver out of prison

By LeaAnne Klentzman

In January of 2003, a teen driver crossed the center lane of traffic on FM 1093/Westheimer Road near Harlem Road and killed Dawn Barton, 53, and in a three car pileup seriously injured Betty Growden, Barton’s passenger and 76-year-old mother.

In late 2003 Tarah Ashley Hamilton, who was 17 at the time of the accident, was indicted for intoxicated manslaughter for the death of Dawn Barton. Eventually the case made its way through the justice system, and she was convicted. She was sentenced to a 10-year probated sentence with conditions. Some of those conditions included 800 hours of community service, 180 days in jail, a $10,000 fine and participation in court ordered classes. Remaining drug and alcohol free during the course of probation was also a condition.

On May 10, 2006, 240th District Judge Thomas Culver revoked Tarah Ashley Hamilton’s probation in Sanctions Court after several violations. He sentenced her to six years in the Texas Department of Corrections. At that hearing, a letter from Sugar Land State Representative Charlie Howard was faxed to the Judge’s officer asking for leniency on behalf of Tarah Hamilton. Since that hearing in May, Tarah Hamilton has been returned to Fort Bend County jail and made a trustee. According to what the Sheriff said to Paula Craig, daughter of the deceased victim, Hamilton will not be sent to TDC to serve her sentence.

After over three years of frustration and hours of court appearances, Paula Craig, Dawn Barton’s daughter, came to the end of her patience. Last week she met with Sheriff Milton Wright and Chief Deputy Craig Brady and asked when Tarah Hamilton would be sent to prison and if not, why not. Their answer came as a real surprise said Ms. Craig.

The Sheriff and Chief Deputy Craig Brady told Ms. Craig that Tarah Hamilton held the position of trustee. Furthermore, trustees are needed to keep the jail running and clean. They said she was doing a good job so they saw no need to transfer her. Also during that meeting, attended by Craig and her employer, Wright and Brady acknowledged that they were friends with Tarah’s father, John H. Hamilton, and he was a political supporter.

Upset by their response, Paula Craig then met with Judge Culver and the District Attorney’s Office. Judge Culver sent a letter to Sheriff Wright outlining the concerns of both the District Court and the Sanctions Court run by retired Judge Reagan Clark.

During the time Ms. Hamilton was under the direction of the Sanctions Court, she apparently did not appear to take the special sanctions seriously, said Judge Culver. He said he was concerned about how the Sheriff’s actions could impact the effectiveness of the Sanctions Court. Simply put, failure to abide by court ordered sentences could undermine the effectiveness of the courts. However, Judge Culver said Sheriff Wright runs the jail. At the time of her revocation, Tarah Hamilton was sentenced to a six year prison term, although with good time and time served, she could spend far less time before becoming eligible for parole.

Later that week, the Star placed a call to Sheriff Milton Wright to inquire about Ms. Hamilton. He was unavailable so Chief Deputy Craig Brady responded. When asked why Ms. Hamilton had not been sent to TDC, he said that she was a trustee and was doing a job.

He went on to say that if she weren’t doing her trustee job, the taxpayers would have to pay someone to do it. When asked, he could not identify what that job was. After even more inquires, at press time Ms. Hamilton’s trustee job is still a mystery.

In her quest for justice, Paula Craig checked the campaign contributions of Tarah Hamilton’s father to local politicians. She found that since March 24, 2003 Tarah’s father John H. Hamilton of Fulshear has contributed $9,650 to Sheriff Milton Wright’s political campaign. In March, 2003 he donated $1,800; in October, 2003 he donated $2,500; in March, 2004 another $750; and in April, 2006, $4,800.

Ms. Craig also learned that Sugar Land State Representative Charlie Howard was the recipient of a $1,000 donation by Tarah’s father as well.

In a television interview, Chief Deputy Craig Brady told the Channel 2 reporter that this situation had been blown out of proportion. He acknowledged that Mr. Hamilton had money but said it was not a factor in his daughter’s situation. Ms. Craig believes the facts speak for themselves.

In an interview this Monday, Chief Deputy Craig Brady acknowledged to the Star that he and several of his detectives are employed as personal security for Tarah’s father. That “extra job” for $20 dollars an hour is organized and run by Fort Bend County Texas Ranger Jeff Cook.

Brady declined to provide details about the “security,” saying it could compromise their efforts. Brady also acknowledged that Tarah Hamilton was allowed meetings in the Sheriff’s administrative offices with family but said it was not a special privilege. . .

--Get the rest of the story by following clicking on the title link above--

Consumer/Homeowner Friendly Sites

Consumer/Homeowner Friendly Sites


http://missouricitychatter.blogspot.com/ -- Missouri City & Arcola Area website that tracks growth and other related issues (that may impact your home and property value).

http://www.save-our-schools.blogspot.com/ -- Track school issues at this alternative info site.

http://www.fortbendweb.com/ -- Alternative county info source.

http://www.fortbendnow.com -- Alternative county info source.

http://www.hobb.org/index.php -- National site for homeowners supporting quality construction.

http://www.ahrc.com/new/index.php/src/home -- National homeowners million+ hit advocacy website (and state affiliates).

http://texas.ahrc.com/ -- Texas homeowners advocacy website.

http://pages.prodigy.net/hoadata/ -- Website on HOA foreclosure filings by attorneys.

http://www.stoptexashoaforeclosures.com/ -- Homeowners advocacy website (see TUPCA legislation info). THAG website.

http://www.citizensforbettergovt.org/ -- Citizens for better gov’t website (out of Arcola). Follows airport expansion issues and the impact on local governments.

http://www.texaswatch.org/ -- Consumer website keeps an eye on the insurance industry in TX.