Living without HOAs is just fine unless you need one (like to force a
neighbor to cut down the 6 foot weeds and haul off the junkyard outside
his garage, or to force another neighbor to disconnect the 35-foot
motor home parked in the driveway).

Anyway, the woman shouldn't have signed an agreement in order to "make them
go away." That was a bad sign and I don't blame the judge for getting
upset with her for trying to claim that she signed it when she was sick
when she wasn't claiming that at the time.

I also don't share her (paraphrasing here) "weeds are
anything that you don't want to grow there." I agree that there is a
lot of latitude in the definition of a weed, but I don't want the neighbor
on my corner being able to go to court and just say that he wants them
to grow there. That's seems likely the incentive behind the plant
identification req. on the lady - if you intend it to grow there, then you
likely know what it is (particularly if you're educated in horticulture). She
ought to be able to produce a list pretty easily - she's obviously qualified.
As for the "inspection" situation, if her habitat is being maintained in a
fashion agreeable to her neighbors and HOA, then it won't matter when the
inspectors show up.

I have a weedy front yard. It's a steep slope (~30 degrees) and
the deer destroyed the ground cover that was planted when we built the
house. I didn't really realize that it was mainly deer damage that was
prevented the stuff from growing in, but I know now and I'm filling in
the spaces with more deer-resistant plants, but it's never going to be
a suburban lawn situation (installing a lawn on that slope would be nuts).
Anyway, I know what's supposed to be there and what is not.
--
Marc Stephenson IBM Server Group - Austin,TX
T/L: 678-3189

In FACT there were neither -- both are rental houses (which I did not know
when I bought) and there has been a changeover for the worse. The economy
is partly to blame for the sprouting up of businesses out of the home, and I
can understand and tolerate that in the hopes that they go away when people
are able to find jobs.

In FACT I have a right to protect the value of my single biggest
investment -- my home, and after fighting Williamson County over the top
appraisals for the last several years -- I am acutely aware of how much
money trashy people on my street cost me in resell value: $10.70 a square
foot!!

In FACT I have a right to live without property next to me that draws rats,
breeds mosquitoes because of standing water and the variety of other health
hazards the pictures of that woman's yard immediately bring to mind.

In FACT people are aware when they buy into a neighborhood with a HOA that
they are doing so and by doing so agree to live by those rules -- if they
choose not to then she should live someplace else rather than lying. She
knew about the restrictions when she bought, she knew about them when she
created the problem and she knew when she lied to the judge and flaunted yet
again any respect for anyone else! This is NOT a naturalist or gardener but
a liar who obviously and repeated has done so with contempt for anyone but
herself.

--
Marta
(if you email me directly you need to remove the X )

Marc Stephenson wrote:
Living without HOAs is just fine unless you need one (like to force a
neighbor to cut down the 6 foot weeds and haul off the junkyard outside
his garage, or to force another neighbor to disconnect the 35-foot
motor home parked in the driveway).

Actually, we've had to deal with some issues with our next-door neighbor
and all it took was a call to the city.

Anyway, I know what's supposed to be there and what is not.

I don't think anybody ought to tell anybody which plants are ok from the
aesthetic perspective. There is no such thing as universal taste. I find
large front lawns extremely ugly and boring.

--
Victor M. Martinez

http://www.che.utexas.edu/~martiv

In article ,
Victor M. Martinez wrote:
Marc Stephenson wrote:
Living without HOAs is just fine unless you need one (like to force a
neighbor to cut down the 6 foot weeds and haul off the junkyard outside
his garage, or to force another neighbor to disconnect the 35-foot
motor home parked in the driveway).

Actually, we've had to deal with some issues with our next-door neighbor
and all it took was a call to the city.

We don't all live in a city. Maybe Travis County would intervene, but I
haven't had the need to call them. Our HOA took care of it. :-) If you
don't want an HOA, by all means, avoid neighborhoods which have them. If
there is one, make sure that you understand the deed restrictions and are
willing to abide by them before taking ownership of the property.


Anyway, I know what's supposed to be there and what is not.

I don't think anybody ought to tell anybody which plants are ok from the
aesthetic perspective. There is no such thing as universal taste. I find
large front lawns extremely ugly and boring.

The issue is not a matter of deciding which plants are okay. If this
woman planned and maintained her landscape/habitat, then she ought to be
able to document what's there, show plans, etc. We've seen such
lists right here. If she's just letting it
run amok (hey look, crabgrass, nutgrass, Johnson grass, broadleaf "weeds",
yahoo!), then she's not being considerate of her neighbors. I admit that it's
a subjective process. In this case, there's some evidence that the woman in
question was just paying lip service to the agreement which she signed
(she thought they would go away) and that tilts me away from straight sympathy
for her side of the situation.

When they brought in "black dirt" for my backyard, it came with Johnson
grass, and plenty of it. If I had just decided that having five-foot stalks
of Johnson grass dominating my property, should my neighbors not have the
right to complain? What if I said, I don't mind it being there, so it's
not a weed?

I don't expect my neighbors to have to follow any rules that I don't have to
follow, and I do expect them to follow the same rules that I have to follow.
Works out okay. I know what the rules are and so should they.
--
Marc Stephenson IBM Server Group - Austin,TX
T/L: 678-3189

"John T. Jarrett" wrote: =

Terry, =

Where J.K. lives, they have VERY explicit laws in Bellaire (or was it o=
ne of
the other tiny towns next to there?) that describe in exact detail not =
only
what tree species you may plant in your yard, but if they are OVER a ce=
rtain
dbh (Diameter at Breast Height) which trees you may cut down! Can you
imagine being fined for cutting down one of your own trees?!?!?! And th=
at's
City law, not HOA regs.
Read this
link:http://txforestservice.tamu.edu/news...ber/texas_com=
munity_2000/trees_for_bellaire.htm =


Bellaire is a community of 14,000 residents covering 3.5
square miles,
bisected by Loop 610, and surrounded by urban Houston.
Primarily
developed after World War Two, Bellaire currently enjoys
residential and
commercial redevelopment, with much larger homes
replacing smaller
post-War homes. Many mature trees throughout the City
have been lost due
to the larger footprints of the new homes, as well as
carelessness in lot
clearing and construction storage. Trees for Bellaire
was created by a
group of residents concerned about the threat to our
beautiful tree canopy.

In 1999, Trees for Bellaire, a group of
residents committed to the protection
and enhancement of the urban tree
canopy in the City of Bellaire,
developed and won City Council
approval for a Tree Protection
Ordinance. This ordinance provides for
the protection of trees during
construction, the replacement of trees
removed due to construction, and the
planting of trees on commercial and
institutional property. In 1998 and again 1999, Trees
for Bellaire also
sponsored Annual Tree Campaigns, offering Bellaire
property owners a
discount on the purchase and planting of five varieties
of trees in three
popular sizes. For every ten trees sold, the cost of one
tree was donated to
the City for the purchase and planting of trees on
public property. This
popular and innovative program has resulted in the sales
of more than
$60,000 and donations to the City of more than $5,700
over the two-year
period.

Trees for Bellaire is an example of how even a small
number of people can
have a major impact on their community. Their Ordinance
is working, their
Annual Tree Campaign continues, and they plan an
educational conference
on tree protection for builders and residents in
Bellaire.

Congratulations to Trees for Bellaire on their award of
excellence.

rest deleted
-- =

J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 - http://www.celestialhabitats.com - commercial
=F4=BF=F4 - http://www.hal-pc.org/~garden/personal.html

On Mon, 31 Mar 2003 16:03:55 +0000, Terry Horton wrote:
"Landscaping work and planting in general do not require the approval
of the AC (Architectural Committee). However, the committee should be
able to provide advice on good landscaping. Trees, hedges and shrubs
which restrict sight lines for vehicular traffic shall be cut back or
removed.. Landscaping and planting should not unduly restrict the view
from other property."

...but then goes on to say approval must be sought for...

"unusual vegetation coverings or dense shelter belts".


We ignore it.

That one looks remarkably familiar. :-) I'd just recently checked ours
because we're looking to do some work in the front yard, and wanted to
make sure we don't run too far afield.

I did get a letter once from the HOA that I needed to mow the lawn. It
was a little overdue, and I suspect they take such notes when they
distribute the newsletter, as I got the letter 4-5 days after the
newsletter came. From what I read in the newsletter, every now and then
some residents raise a motion to have "resident patrols", that would
wander the streets looking for violations. So far, that's been voted
down.

If it ever gets to be insane, though, I'll move.

-W-

On Tue, 1 Apr 2003 20:02:26 +0000 (UTC), (Marc
Stephenson) wrote:


We don't all live in a city. Maybe Travis County would intervene, but I
haven't had the need to call them. Our HOA took care of it. :-) If you
don't want an HOA, by all means, avoid neighborhoods which have them. If
there is one, make sure that you understand the deed restrictions and are
willing to abide by them before taking ownership of the property.

We have no HOA, but we have deed restrictions and I can take anyone here to
court if their piles of crap lower my home value in any way.



The issue is not a matter of deciding which plants are okay. If this
woman planned and maintained her landscape/habitat, then she ought to be
able to document what's there, show plans, etc. We've seen such
lists right here. If she's just letting it
run amok (hey look, crabgrass, nutgrass, Johnson grass, broadleaf "weeds",
yahoo!), then she's not being considerate of her neighbors. I admit that it's
a subjective process. In this case, there's some evidence that the woman in
question was just paying lip service to the agreement which she signed
(she thought they would go away) and that tilts me away from straight sympathy
for her side of the situation.

When they brought in "black dirt" for my backyard, it came with Johnson
grass, and plenty of it. If I had just decided that having five-foot stalks
of Johnson grass dominating my property, should my neighbors not have the
right to complain? What if I said, I don't mind it being there, so it's
not a weed?

I don't expect my neighbors to have to follow any rules that I don't have to
follow, and I do expect them to follow the same rules that I have to follow.
Works out okay. I know what the rules are and so should they.

"animaux" wrote in message
...

We have no HOA, but we have deed restrictions and I can take anyone here
to
court if their piles of crap lower my home value in any way.

Anyone can take anyone to court for any reason they want to. That doesn't
mean they will win in court though. It's all about who has the best lawyer.

My company sent her $50.00 to help out.

J. Kolenovsky
http://www.celestialhabitats.com
-- =

J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 - http://www.celestialhabitats.com - commercial
=F4=BF=F4 - http://www.hal-pc.org/~garden/personal.html

On Wed, 2 Apr 2003 12:37:45 -0800, "Robbin" wrote:


Anyone can take anyone to court for any reason they want to. That doesn't
mean they will win in court though. It's all about who has the best lawyer.


I can prove my own case. If anyone wants to take another person to civil court,
they can. No lawyer necessary if you have photographs, public record signatures
on deed restrictions and the offense the person is making. It's really black
and white.

Don't confuse criminal court to civil court.

Me too. None in my city.

"Victor M. Martinez" wrote:
=

I am sooo happy there's no homeowners association in my neighborhood...=

=

--
Victor M. Martinez

http://www.che.utexas.edu/~martiv

-- =

J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 - http://www.celestialhabitats.com - commercial
=F4=BF=F4 - http://www.hal-pc.org/~garden/personal.html

I don't know about where we could see what he considers but I feel that
he knows what the ramifications are about this and HB 645 because he
said, "I'm not going to make you a marytr" and fined her instead.

JK

Terry Horton wrote:
=

Jay, is there somewhere we can see what this Houston judge considers
to be the relevant restrictions in her HOA covenants?
=

For those who don't have a HOA, here's what our HOA covenants say
about landscaping:
=

"Landscaping work and planting in general do not require the approval
of the AC (Architectural Committee). However, the committee should be
able to provide advice on good landscaping. Trees, hedges and shrubs
which restrict sight lines for vehicular traffic shall be cut back or
removed.. Landscaping and planting should not unduly restrict the view
from other property."
=

...but then goes on to say approval must be sought for...
=

"unusual vegetation coverings or dense shelter belts".
=

We ignore it.

-- =

J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 - http://www.celestialhabitats.com - commercial
=F4=BF=F4 - http://www.hal-pc.org/~garden/personal.html

Rusty Mase wrote:
=

Mowing only makes a yard uniformly flat. Is having a uniformly flat,
uniformly green, uniformly weedless lawn actually preferred?
Only by people and NOT by Nature.
That is no less than going to an art show and ignoring a Jackson
Pollack piece over a sheet of blank white paper. It all has to do
with information content. I want my front yard to speak to you.
=

Rusty Mase
-- =

J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 - http://www.celestialhabitats.com - commercial
=F4=BF=F4 - http://www.hal-pc.org/~garden/personal.html

On Mon, 31 Mar 2003 19:32:09 -0600, "cat daddy"
wrote:

Has anyone explained why HOAs are obsessed with seeing the house from the
street? My house would definitely not qualify......
And, I believe Austin has laws against cutting down trees exceeding a
certain diameter.

19" DBH (diameter at breast height, usually interpreted as 48")
For more info about the International Society of Arboriculture, please visit http://www2.champaign.isa-arbor.com/.
For consumer info about tree care, visit http://www2.champaign.isa-arbor.com/.../consumer.html

"animaux" wrote in message
...
On Wed, 2 Apr 2003 12:37:45 -0800, "Robbin" wrote:


Anyone can take anyone to court for any reason they want to. That doesn't
mean they will win in court though. It's all about who has the best
lawyer.


I can prove my own case. If anyone wants to take another person to civil
court,
they can. No lawyer necessary if you have photographs, public record
signatures
on deed restrictions and the offense the person is making. It's really
black
and white.

Don't confuse criminal court to civil court.

I'm not confusing anything. You can take me to small claims court without
your own lawyer. If I so choose, I can have a lawyer to represent me. You
seem to think that it would be easy to "prove" that something I did on my
property is the reason and the only reason why your property value declined.
I don't think it would be that easy. I really don't understand how this
discussion has been changed from whether a person should be able to maintain
their front yard in a natural, unorganized state to "I can take anyone here
to court if their piles of crap lower my home value in any way."