If you really want to DO something constructive to stop this variance from existing HOA bylaws and deed restrictions, be at:

Bear Branch Pool meeting room
Tues.Sept 15 @ 7PM, located on Cedar Knoll


Contact becky and request it be added to the agenda. If board wont approve it. Every homeowner can speak for 3 minutes under the public comments section but call 281 359 1102 or email her and request. Per Friendswood guidelines only 45% of a 2 story lot can be building. Per BB Village, only 3 car allowed square footage wise. Please spread the word. 

BUMP 

bump 

bump 

Someone should change the title from tomorrow to TONIGHT please! Moderator, can you do that? 

is this still being monitored

will our local news team be giving live updates for people that have other plans

i have club issues to take care of 

Meeting is TONIGHT. 

Pm the OP- she can do it- 

Done.... Sorry, just now saw this! 

BUMP 

How many showed up and actually spoke ?
I'll say none.

Prove me wrong. 

I would bet money the homeowner in question, is on the HOA board...lol. 

How many showed up and actually spoke ?
I'll say none.

Prove me wrong.



Really? What's the point of that? If we prove you wrong, then what. Lol. did you go?

I bet there were plenty of people there. 

would bet money the homeowner in question, is on the HOA board...lol.

That was my assumption the entire time. Or they paid them off... 

Homeowner is not on the HOA. There were residents at the meeting and several spoke. The answer from the Bear Branch HOA was the structure is within the deed restrictions, would not really answer specifics and that everyone should wait and see how it turns out. 

Having spoken at the meeting, I will assure that, at best, the attitude of the BB HOA towards the residents was nothing short of dismissive. I'm angry 

I am told that the observer is doing a story on this situation. I certainly hope so 

Unbelievable! 

I agree, very dismissive! 

Homeowner is not on the HOA. There were residents at the meeting and several spoke. The answer from the Bear Branch HOA was the structure is within the deed restrictions, would not really answer specifics and that everyone should wait and see how it turns out.


Then it'll be too late. They didn't respond to questions and that's not right.

It is not within deed restrictions. They are liars. They also said they asked the neighbors how they felt. That is another lie.

Time for a lawsuit. 

Having spoken at the meeting, I will assure that, at best, the attitude of the BB HOA towards the residents was nothing short of dismissive. I'm angry


I am furious. This isn't over. All of you who were at the meeting need to right now write down everything you can remember. It will be needed later.

Residents showed them how it was obviously against many deed restrictions and they wouldn't hear of it. They are not protecting our best interests. I can't believe their blatant lies and, furthermore, their dismissive, at best, attitudes towards the residents.

This is a nine car garage. Did you hear me? A NINE CAR GARAGE. Deed restrictions limit is a three. How can they blatantly lie like this?

Someone said they are only allowed to build on 45% of the lot per deed restrictions. Go drive by and you will see that 75-80% of the lot will be covered. 

It is my understanding that none of the following that I bolded and underlined was done. I am so unhappy with this board and their leadership.

This needs to be pursued further. All the residents need to band together and get it righted.

I have heard they did not respond to specific questions and refused to address the fact that there WERE variances granted because this construction goes against a number of deed restrictions.

To simply refuse to answer direct questions and to be dismissive is horrible conduct for a board that is supposed to represent us residents....not work for one homeowner in particular. It's disgusting at best.



HOA Architectural Review: How to be Fair and Reasonable With Requests for Variances

http://www.hoaleader.com/public/374.cfm

It's inevitable that at least one of your homeowners will approach your board and ask for a variance from the association's architectural review standards. Can your HOA grant a variance? If so, should it? Here are some answers.

Create Rules for Rule-Breaking

Though it may sound funny, you must follow a standardized process when you're determining whether to allow your members to vary from your rules. That means you should have clear, written architectural criteria at your association.

"The first thing you should start with is some clear criteria, not guidelines," says Harry Styron, an attorney at Styron & Shilling in Branson, Mo., who's prepared covenants for more than 100 subdivisions and more than 40 condominiums. "People interpret guidelines as advisory rather than mandatory. So it's better to have specifications so it'll be clear whether a variance is warranted. If your members know the rules, they can comply with them. But if the architectural control committee says, 'We don't like what you're doing. You'll have to get a variance,' that's unclear because there's no guidance as to why a variance is required in the first place."

Then, if your board decides to grant a variance from its written rules, be specific about why the variance is being approved. "The reason for granting or denying needs to be stated in writing," says Styron. "If variances are granted, there should be some findings of why they're being granted. If there's a request to violate a setback and it's approved, the architectural control committee should state that the setback variance is granted because the neighboring property owners appeared at the hearing and said they had no objection. And if the approval was granted with restrictions, those should be noted, too. Document it so that the approval of a variance doesn't appear to be arbitrary." 

How could they sit there and state that this was not against deed restrictions with a straight face??

Right from the deed restrictions that are on their website..

"No building shall be erected, altered or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not more than three cars.?

3 does not equal 9. 

Residents showed them how it was obviously against many deed restrictions and they wouldn't hear of it. They are not protecting our best interests. I can't believe their blatant lies and, furthermore, their dismissive, at best, attitudes towards the residents.

This is a nine car garage. Did you hear me? A NINE CAR GARAGE. Deed restrictions limit is a three. How can they blatantly lie like this?


Would you mind citing the deed restrictions that were violated other than garage size? People seem reluctant to do it. I've only seen one KUer do it and it turned out not so clear cut.

How do they define garage size by car numbers? Is it by the number of garage doors or is it by the number of cars that can be stored? The nature of upholding rules is interpretations vary. 

How do they define garage size by car numbers? Is it by the number of garage doors or is it by the number of cars that can be stored? The nature of upholding rules is interpretations vary.


Size of garage. Roughly 20 x 10 minimum is the standard per car. 2 car garage is 400 sq feet. 3 car garage is 600 square feet whether it be in a row or tandem. 

So, what rule has been actually violated?

Has the "bubble" been burst? 

So, what rule has been actually violated?


The construction goes against four *major* deed restrictions....# of garages allowed, location of garage, needs 60 ft setback or can't face side street and then needs to swing out so garage doors won't be visible, can't exceed 45% of lot coverage for a 2 story house. 

This seems to get stranger and stranger. A 9-car garage??????

WTH....

Wonder if there is an attorney specializing in this type of law who lives within the community. Might be able to provide some excellent start-up knowledge regarding bringing a suit. Would this attorney be able to collect their legal fees from the association if they win the case?

Only asking because it would be a shame for the residents to have to put up their own dime to pay for the dumbassery of this board.

Yes, I said dumbassery. And no it's not a word but should be. 

Would you mind citing the deed restrictions that were violated other than garage size? People seem reluctant to do it. I've only seen one KUer do it and it turned out not so clear cut.

It also violates the section that states "any structure other than the main residence and garage shall be limited to 8 feet in height..." as well as "no building shall be erected, altered or permitted to remain on any lot other than one detached single family dwelling not to exceed two (2) stories in height and a private garage for not more than three (3) cars and a bona fide servants quarters..."

This is a six (6) to nine(9) car garage. 

Snort. 

The Bear Branch HOA response to the 3 car garage is that it will only have a door of a two car garage so its within the deed restrictions, how many cars they put in there is none of the HOA's business. I think they are delusional. 

The Bear Branch HOA response to the 3 car garage is that it will only have a door of a two car garage so its within the deed restrictions, how many cars they put in there is none of the HOA's business. I think they are delusional.?

Interesting how they stretch the restrictions to meet the needs of one homeowner. It says nothing about "garage door".

I am writing my letter the the editor right now...

I wish I could afford a lawyer to look into this...

Unfortunately my gut feeling says that this "thing" is going to be built whether any one likes it or not. Kind of said the elected members are not representing the village as a whole. 

Kind of sad


Makes me sick..... 

I would sure not want to be the homeowner that has built something that so many of my neighbors are upset over.

Part of living in a community like Kingwood is recognizing that most people take pride in the appearance of our homes and community. Building something on my property so many feel is not only an eyesore, but also impacting their property values would be a burden to me. I just can not imagine doing that.

If I wanted something huge like that I would move out to Montgomery County and put it on some acreage where my neighbors would not have to look at it from their own yards and where the lot would be appropriately large enough for the size of the structure. 

Makes me sick.....


That is probably more like it. I am so totally appalled, as you probably are, by the actions of this board/HOA/Kingwood Management. 

I would sure not want to be the homeowner that has built something that so many of my neighbors are upset over.

Part of living in a community like Kingwood is recognizing that most people take pride in the appearance of our homes and community. Building something on my property so many feel is not only an eyesore, but also impacting their property values would be a burden to me. I just can not imagine doing that.

If I wanted something huge like that I would move out to Montgomery County and put it on some acreage where my neighbors would not have to look at it from their own yards and where the lot would be appropriately large enough for the size of the structure.?


I am guessing that the homeowner may be aware of the feelings of the community regarding this as I noticed a change in the parking of cars around the house. Maybe I am wrong but last evening for the first time I noticed all of these older cars parked on the street in the area surrounding this house. Maybe it was/is just a coincidence but that is the first time it has been that way in the 10 years I have lived in the Bear Branch area. 

noticed all of these older cars parked on the street in the area surrounding this house

How many cars do they have? 

Last night I think there was 8... The driveway and the street were full. All but one or two were vintage autos... 

Where are they all parked normally?