This is in response to the complaint you mention below. Last week the Board of Directors and management were made aware of unauthorized construction at the property at 8519 Magdelena Run. The covenants require prior approval in writing for alterations of improvements, and there was no recent construction approval on record for this address. The Board took immediate action by instructing the Association's attorney, Tom Newton, to issue a cease and desist notice to the owner of the property. That letter was hand delivered in less than 24 hours. Mr. Newton's letter warned the owner that a lawsuit would be filed and a restraining order sought if the construction work did not stop until the owner brought the property into compliance with restrictive covenants.
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The owner stopped the work as demanded, and has agreed to submit the necessary plans and specifications and undergo review of their project prior to proceeding. The owner has indicated that the work was actually previously approved. However, approvals expire as this one has.
The Board was prepared to instruct the Association's attorney to file suit, but only as a last resort. Litigation is expensive and should not be started lightly. The Board took proper action, with reasonable restraint, and succeeded in enforcing the covenants.
All owners have the same right the association does the file suit to enforce the covenants. It is unfair and hypocritical of the person complaining to accuse the Board and management of not taking enough action when that person could have too, and did not.
Melissa Lauer
Owner
Hill Country Homeowners Association Management