The following information contains both facts and opinions intended to make you do your own research and ask questions so you may draw your own conclusions.
On August 1, 2010 the Section 5 Yaupon Cove Deed Restrictions expired and therefore are null and void. You can draw your own conclusions on just what this means to you… The POA board at the time filed the deed restrictions with the Polk County Clerk on July 7, 2010 however this filing is invalid for several reasons two of which are as follows.
The deed restrictions state on page 1 paragraph 4 that they expire August 1, 2010 in the copy they filed on July 7, 2010 meaning they filled the deed restrictions to be effective July 7, 2010 to August 1, 2010.
The deed restrictions state on page 1 paragraph 5 that the amended deed restrictions must be approved by a majority vote of the members of the association. This means the members as in the property owners NOT the board members. A vote consists of a petition signed by property owners which would then be filed with the deed restrictions as a dedicatory instrument.
I owned property here in section 5 in 2010 and prior, still do and my family does as well… I was never notified of a petition to extend the deed restrictions… Were you? Did you sign a petition for this?
With this information one can only conclude that Section 5 is no longer a member of the Yaupon Cove Property Owners Association and has not been since the restrictions expired August 1, 2010. Even if the board had properly conducted a petition and filed it as required by law the expiration date on the restrictions wasn’t changed and therefore would still be expired.
More Bad News
The POA Board has violated its own Bylaws set forth governing the operation of the POA Board, below are a few examples that can be proven.
Article III Sec 4 Says fees to be paid by June 1 the board for several years has been saying its due much earlier.
Article IV Sec 7 says all checks MUST be signed by the acting president and the treasurer. Many more board members sign checks and have been signing checks that the bylaws prohibit.
These are just the few things I have found with only a few minutes of research.
Some food for thought…
Knowing everything stated above which you can verify on your own, why have we been paying membership fees to an association we are not actually a member of? I can’t speak for anyone else but I want every penny I’ve paid in since August 1, 2010 refunded with the same late fees they have been charging us!
Obviously this is disturbing information. What is even more disturbing is the board must know all this right? They must have read the deed restrictions at some point if they are going to attempt to enforce them.? With that considered one can only come to the opinion that the board knows this and just doesn’t want YOU to know it. This of course only leads to speculative questions such as;
How many people has the board filed liens against illegally using expired deed restrictions?
How does the association have board members that only own property in section 5 if the section 5 restrictions are expired and are not members of the association?
Do the other sections of Yaupon Cove have this same problem?
How many hundreds of dollars have been collected they didn’t have the right to collect?
While thinking of this situation those are the four most troublesome questions that came to mind.
While I have sought the advice of legal counsel for myself and been told I do not have to pay fees and that the expired restrictions cannot be enforced. I cannot speak for anyone else, I cannot offer you legal advice, all I can do is recommend you too seek the advice of legal counsel before making a decision on how to proceed with the information contained in this page. If you have questions as to why these bylaw violations have happened and why the board continues to attempt to enforce expired restrictions I can only think to contact the Yaupon Cove Property Owners Association.
As a courtesy I will attach a copy of the deed restrictions and bylaws we were provided by a board member after purchasing property in section 5 in 2013.
Lastly on a personal note I am sure I will be criticized for putting this information out. Small town rumors will fly. But know I did not put this page up for any reason other than I felt each and every resident of our community deserves to know this information. I gain nothing by posting this, in fact I’m sure at some point it will cost me a friend or three, the fact remains we all have the right to this information.
This page is privately owned can no longer be associated in good conscience with the Yaupon Cove Property Owners Association.
Section 5 Deed Restrictions