Many residents inquire as to why we communicate in writing. They wonder if it wouldn’t be easier for an inspector to simply pick up the phone and call. Or they ask, "I was home. Why didn’t you just knock on the door and talk with me about the problem?" Although those alternatives sound reasonable, our letters are the best way to begin a dialogue with you. The letters are intended to alert you to a violation issue in its infancy so that a minor violation does not turn into a bigger problem.

 We recognize that our homeowners take pride in maintaining their homes. Although you and your family are constantly in and out of your home; it’s generally with children, packages, or groceries in tow. Or you’re in the middle of rushing from one place to another. There may be subtle home maintenance issues that you never notice, especially if you are not looking for them. Our goal is to help you prevent a small problem from turning into a big one.

 What should you do if you receive a violation letter? First of all, please read the entire letter. It will generally tell you what we saw, where it was, and what can be done to correct the violation. Approximately 80% of issues are resolved after the Association sends the first letter. Our homeowners typically take care of matters quickly.

If, after looking at what we saw, you disagree with our findings, please write, call, e-mail, or fax us. Sometimes we make mistakes, and we are always willing to come out and re-inspect. If you need more details or a better explanation of the problem, we will be glad to talk to you about it. Please understand we see hundreds of homes each week, so we may not remember each exact detail when you call. If we need to, we will return to the house and gather additional information and then contact you.

When necessary, we will meet with you at your home and provide you with as much assistance as possible. Most letters give you a time frame within which the violation needs to be cured. If you cannot complete the task within the specified time frame, just call us. We will work out a reasonable compromise that will satisfy everyone involved. Once the violation is addressed, please let us know so we can do a follow-up inspection and then close out the violation.

 What you should not do when you receive one of our letters is to ignore the situation. Whether the violation is major or minor, the matter will eventually have to be rectified. If the violation is not addressed after the first letter and we have not heard from the homeowner, a second letter is sent, followed ten days later by the third letter. We will do whatever we can to work with you, but we cannot do anything to help if we do not hear from you. Two-way communication is the key.

 State statute (Section 209 of the Texas Property Code), and the Association’s Declaration and By-Laws dictate the timeline for notification and legal procedures. The notice must inform the owner of the violation and must provide a reasonable amount of time to cure the violation. Further this notice must give the homeowner 30 days after receipt of the letter within which to request a hearing on this matter. Since we do not know exactly when a homeowner might receive a notice, we have elected to give 30 days from the date the letter was mailed.  While it may seem that during this period the Association is taking no action, by law, we cannot make any further demands related to this matter until it is reviewed by the Deed Restriction  Committee.

 If the homeowner is not satisfied with the committee decision, he or she then has the right to appeal that decision directly to the Board. This request for an appeal must be written, and a hearing before the Board must then be held within 30 days of the receipt of the request. The homeowner is also allowed one postponement and re-schedule of the Board hearing.

 During this process, we are continuing to work with the homeowner to gain compliance. However, if our efforts are unsuccessful, and the matter is taken through the entire process, it can be as much as 90 – 100 days from the date of the notice to the time we can take definitive action against the homeowner. Luckily, there are very few homeowners who take anywhere near this long to address the issues at hand.

We realize that no one likes to receive a violation letter. You can, however, help put yourself in a situation where you will almost never hear from us. About once a month, take a critical look at your home and landscaping. Try to look at it from our perspective. Are the gutters straight and clean? Is the roof in good repair? Are there any signs of mildew or mold on the siding or bricks? Are the front door and shutters in good condition? Are there any signs of rotted or damaged wood? Is the paint in good condition and is it an approved color? Are the trees and shrubbery healthy and properly maintained? Are yesterday’s trash cans and recycle bins placed out of view? Does the fence have damaged or broken pickets? If you take a walk around your entire home once a month, looking at it from the roof to the foundation and doing the same from the street where the inspectors view it, and you take care of whatever issues you spot, you significantly reduce your chances of receiving a violation letter. There are many homes in Fosters Mill that have never received a violation letter.

 Neighborhoods like Fosters Mill are the result of diligence, respect, and caring homeowners as well as dedicated homeowners’ associations. It takes a lot of hard work on everyone’s part, and as you drive or walk through our neighborhood, you will realize that together we are doing a great job. If you have any questions regarding deed restrictions or the Compliance department, please e-mail  ethel@kingwoodassociationmanagement.com  or call 281-359-1102.