This is specific to VALLEY LODGE Sections 2 and 3
Protecting Our Ability to Keep Our Horse Trailers – RVs – Campers.
UPDATE: We will be presenting the Amendment to the Valley Lodge Board of Directors to request that it be given a proper and legal vote by the property owners of sections 2 and 3.
Here is a copy of the PDF as it will be presented:
https://valleylodge.fm1093.com/wp-content/uploads/2023/05/Amendment-to-HOA-as-presented.pdf
Don’t forget: To help support the passage of this Amendment please text your Name, Valley Lodge Address, and Email Address to JohnnyQ at 832.361.8055
NOTE: Due to requests, concerns, and questions by homeowners, we have refined the proposed Amendment a few times, be sure to check out the final language below.
Reminder – I am NOT an attorney, no legal advice here!
For many decades the residents of Valley Lodge have enjoyed the ability to park their properly registered and maintained trailers and RVs neatly beside or behind their respective homes without issue or complaint from the HOA. Of course, as those decades pass, new members are elected or appointed to the HOA boards. Unfortunately, sometimes, those new members don’t see things the same as the previous members did. Regrettably, the residents of Sections 2 and 3 of Valley Lodge are now being asked to give up these previously accepted practices.
There are perhaps a few ways for residents to address this problem, but in my opinion, the easiest and best way may be for us to just amend the Deed Restrictions as permitted in Article IV Section 1 of the Deed Restrictions, which state:
“….The terms and provisions of these Restrictions may also be amended at any time when an instrument setting forth said changes and signed by owners of seventy-five percent (75%) of the Lots is placed on record in the Real Property Records of Fort Bend County, Texas. “
The Section proposed to be amended and the proposed new text.
The current paragraph from our original deed restrictions that is causing our issue is Article II, Section 16 which states in full (ambiguous and problematic sentence in red):
SECTION 16 – STORAGE OF VEHICLES. No trucks, trailers, boats, automobiles, campers or other vehicles shall be stored, parked or kept in the front yard or in the street adjacent to any Lot unless such vehicle is in day to day use off the premises and such parking is only temporary, from day to day, not to exceed forty-eight (48) hours in duration. Permanent and semi-permanent storage of such items and vehicles must be screened from public view. Tarps or other such temporary vehicle covers are not adequate screening.
Inoperable trucks, trailers, boats, automobiles, campers or other vehicles must be fully screened from any public street. Inoperable shall include vehicles which are mechanically inoperable as well as those which are not legally operable by way of current registration and inspection.
And below is the new Proposed Amendment:
Article II Section 16 Proposed Amendment
The original text is in black type.
The original text that is to be removed is lined out. (lined out)
The new text to be added is shown in green.
SECTION 16 – STORAGE OF VEHICLES. No trucks, trailers, boats, automobiles, campers or other vehicles shall be stored, parked or kept in the front yard or in the street adjacent to any Lot unless such vehicle is in day to day use off the premises and such parking is only temporary, from day to day, not to exceed forty-eight (48) hours in duration. Permanent and semi-permanent storage of such items and vehicles must be screened from public view. Tarps or other such temporary vehicle covers are not adequate screening. Permanent and semi-permanent parking of such items and vehicles shall be rearward of the front face of the primary Dwelling structure on the Lot, have current and proper registration, be registered to the Lot Owner, and be in good working order.
Specific limit on camper-style trailers/RVs, or motorhomes: Each Residence shall be limited to a combined total of one (1) camper-style trailer/RV, or motorhome.
Inoperable trucks, trailers, boats, automobiles, campers or other vehicles must be fully screened from any public street. Inoperable shall include vehicles which are mechanically inoperable as well as those which are not legally operable by way of current registration and inspection. Tarps or other such temporary vehicle covers are not adequate screening.
Why is this Amendment needed?
- Article II Section 16 of the deed restrictions describe three distinct classifications of vehicles which we can paraphrase as (1) day-to-day vehicles, (2) occasional use vehicles, and (3) non-operable vehicles. Each with progressively stricter standards of storage.
- The storage method for the second classification of vehicles, paraphrased as occasional use vehicles, may be ambiguous enough to cause confusion among some property owners and HOA directors.
- Although there has been a standard in place for many years in Valley Lodge regarding how Section 16 would be interpreted and enforced, in recent months there have been attempts at reinterpreting the established standard.
Excerpted from Valley Lodge Minutes June 23rd, 2021:
“Deed Restriction opinion provided by Ralph Troiano the President of C.I.A. Services and one of the first managers for Valley Lodge on RVs etc.
Ralph advised on RVs, campers etc. the documents state screened from view means behind the front face of the house. The documents don’t say how many you can own so the only thing that is enforceable would be if not parked behind the face of the house.”
In addition, the Valley Lodge Board, in an effort to clarify the recent ambiguous interpretations of Section 16, passed a motion regarding “campers and RVs” as “allowed but must be behind building line or in back yard.” See Meeting Minutes dated April 21st 2021.
Over the last few months, we have seen a renewed effort from some members of the board to reinterpret parts of Section 16 to something more stringent than previously accepted and enforced. We believe that the majority of Valley Lodge members support this amendment as a necessity in order to clarify and further strengthen Section 16 for the enrichment of the neighborhood and to protect property owners from ambiguous and unfair enforcement attempts from the current board or from future boards.
Will this mean someone can LIVE in an RV here? – NO! The deed restrictions already address temporary residential structures and this amendment does not alter that section. More importantly, Valley Lodge is located within the City Limits of Simonton, and the city has a strongly worded ordinance that addresses such an issue. See Simonton Ordinance under Article IV Section 16-104.
We believe that the wording of this proposed amendment would be the best overall solution to solidify our rights as residents to use and enjoy our personal vehicles, trailers, boats, and RVs yet still guard against abusive storage of derelict vehicles.
WE WILL NEED YOUR SUPPORT. We need the signatures of the owners of 75% or more of the lots in Section 2&3 to make this official. That’s a lot of signatures. I will also need these signatures notarized before we file with the county, so if we have a notary that may want to help that would be very appreciated, email me and let me know.
WHAT TO DO NOW. At this time I need to know if we have sufficient support in the neighborhood to pull this off. If you will join us in this endeavor I need you to EMAIL ME at johnny(at)fm359.com or text me (see # below), please write in the SUBJECT of your email “Valley Lodge Amendment” so that I can easily sort through my emails and put you in my database. Please include your name(s), your address, how many Lots you own (we mean original Lots, if you have joined three Lots into just 1 for tax records, you still have 3 Lots), and your contact phone number. We need to move fast on this so please act now. Share this post with your neighborhood friends who may not otherwise see this Facebook post.
This is a great neighborhood, I have seen us pull together through some very challenging times in our past, everyone here will always be dear to me and my family. Love you all! Let’s get this done!
~Johnny Q
For this to move forward we will need the agreement of the Owners of 75% of the lots within Sections 2 and 3
When we hit that 75% goal we can complete the docs that will be required for filing with the county and then we will need to get everyone’s official signature with a notary.
To support this Amendment please text your Name, Valley Lodge Address, and Email Address to JohnnyQ at 832.361.8055