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Community Associations of The Woodlands, Texas, Covenant
Administration Department, provides the office support for The
Woodlands' Residential Design Review Committees. These are committees
of community-elected representatives that serve as architectural
control groups to protect the aesthetic character of the residential
areas in The Woodlands.
Property owners planning to make any alterations to their properties
are required to make applications to their village's committee.
The applications are then acted upon by the committee to ensure
compliance with the covenant restrictions and design standards.
Each village of The Woodlands elects a committee of representatives
in February of each year. Committee members serve a one-year term,
and have two regularly scheduled meetings monthly.
For further information, contact Community Associations of The
Woodlands, Texas, Covenant Administration Department, at 281.210.3973.
Community Associations of The Woodlands, Texas office is located
at 2201 Lake Woodlands Drive.
Frequently Asked Questions:
1. From Covenant
Administration.
2. Liability leans on health of storm-blown oak
By RONALD LIPMAN
Copyright 2005 Houston Chronicle
Q: Hurricane Rita caused my neighbor's giant oak tree to fall into
my backyard. It knocked down a large section of my fence and smashed
our swing set. Can I make my neighbor pay for the repairs to the
fence and the replacement cost of the swing set?
A: If the oak tree had been healthy before the approach of Hurricane
Rita, and instead it was the high winds associated with the storm
that caused it to fall over and damage your property, then you cannot
hold your neighbor liable. However, if your neighbor's tree was
decayed, diseased, dead or in an otherwise dangerous condition before
Rita, then you can hold him liable for the damages. In that case,
the tree would have posed an unreasonable risk of harm, and he would
have had a duty to trim the branches or remove the tree altogether
before the storm to prevent it from falling over. Regardless, either
your or your neighbor's homeowners insurance policy should cover
the damages, less any deductible.
3. Fence Repairs
HOUSTON CHRONICLE, MON 10/10/2005, Business Section,
By RONALD LIPMAN
Q: A few days ago during Hurricane Rita, the fence that separates
my backyard from my neighbor's yard was completely blown over and
destroyed. It needs to be hauled away and replaced. I suspect it
will cost several thousand dollars to put up a new fence in its
place. I spoke to my neighbor and offered to pay half, but he says
he doesn't have any money to pay for it. Whose responsibility is
it to buy a new fence?
A: Texas has no laws that require adjoining landowners to share
the costs associated with maintaining and replacing fences. However,
your neighborhood may have deed restrictions or other rules and
ordinances that apply to the repair and replacement of fences. You
may want to do a little research before you proceed. If you find
there are no restrictions or other rules in your neighborhood, and
if you were to pay for the removal and replacement costs yourself,
you may have a claim against your neighbor for reimbursement because
both of you benefit from the fence. However, most people aren't
interested in suing their neighbors, especially given the low odds
of winning this kind of lawsuit. You should try talking to your
neighbor again, and if the two of you still can't come to an agreement,
then you may have no option but to pay for the repairs yourself.
Q: Hurricane Rita blew down my backyard fence. My neighbor has
informed me he's going to hire a company to fix the fence and then
send me a bill for half the cost. I don't care if there's a fence
between the properties, and I don't want to pay for any portion
of it. Am I obligated to pay?
A: Probably not. As mentioned in the previous answer, Texas doesn't
have fence laws requiring you to pay for any portion of the repair
cost. However, because you may benefit from his repairs to the fence,
you may find yourself in court defending against a claim for reimbursement
by your neighbor. It is not clear if he would prevail. Importantly,
you may live in a community with a deed restriction or in a city
with an ordinance that requires you to share in the cost of the
repairs. So before you refuse to pay his bill, you may want to make
sure you're not obligated to pay half.
Additional:
1. WCA/TWA has no rules that require adjoining landowners to share
the costs associated with maintaining and replacing fences. They
recommend adjoining landowners share the expense.
2. WCA/TWA does have deed restrictions that apply to the construction
of fences. Repair and replacement is not an issue if replacing same
as original (assuming original met requirements).
3. Fence Ownership: Generally (but not always) the 'clean' side
of the fence faces outward from the owners property. The best way
of course, is to refer to your property survey, which will indicate
the location of the fence with respect to your property line.
4. Dogs
Montgomery County has passed an ordinance that requires animals
to be vaccinated and leashed, etc. The ordinance is enforced through
the Montgomery County Health Department Animal Control Division.
Their phone number is 281.353.9791, ext. 7738.
If a dog or cat is running loose or becoming a nuisance in the neighborhood
they will provide you with specific information regarding their
services. The Woodlands deed restrictions address certain aspects
of pet ownership, as well.
Common sense and courtesy dictate that the residents of The Woodlands
make an effort to clean up the deposits that their pets leave behind,
especially on the pathways. Try to bring a bag when walking your
dog to clean up after your pet.
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