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| Subject: Eyes Wide Open | |
Author: Linda | [ Next Thread |
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] Date Posted: 14:45:10 08/12/11 Fri As a long time visitor to Sargent Beach I am appalled at the recent formation of a new Sargent Beach Property Owners Association. I have watched the island grow over the past 10 years from a small collection of weekend homes to a blended and growing community of small beach houses and large homes with many full time residents. Over the years all of those who have purchased land or homes on the island did so with eyes wide open. Surely they didn’t drive down Canal St and not see the diversity of homes yet some have chosen in the name of progression and increase of property values to change the dynamics of the landscape by filing a new Property Owners Association. (The original was abandoned in 1971) This new association according to their charter filed with the Secretary of State intends to even enforce the traffic on the island among other things. They claim the new rules will increase property values; personally I feel this will only drive prospective buyers away, and will most certainly divide the community. I have to wonder if this move is being done to benefit the community as a whole or to bolster the egos and portfolios of a few. In these soft economic times and innumerous governmental regulations do we really need yet another “enforcement agency” deciding how to conduct our lives? If this is allowed to continue I feel the charm of a long time sleepy sea side village is sadly doomed to the control of folks who cannot bide by the natural progression of life unfolding yet rather choose to force their sensibilities upon a whole community. [ Next Thread | Previous Thread | Next Message | Previous Message ] |
| [> Subject: Re: Eyes Wide Open | |
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Author: Amy [ Edit | View ] |
Date Posted: 14:18:12 08/14/11 Sun what makes you think the Owners Assoc is wanting to control the traffic on the island? [ Post a Reply to This Message ] |
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Author: Linda [ Edit | View ] |
Date Posted: 19:39:48 08/14/11 Sun Dear Amy The reason I mentioned in my post that the SBPOA intends to control the traffic on the island is found in the charter the filed with the Sec of State Please download the charter offered on the Sargent Beach Texas website and look at Article 5 Section 2: (a) To further the common good and general welfare of the pubic and the people of the Sargent Beach, whether or not they are Members (“Sargent Beach” includes, but is not limited to the communities of the Sargent Beach Addition, and known collectively as Sargent Beach Addition) situated between the Intracoastal Canal and the Gulf of Mexico at Sargent Texas; (b) To preserve the value, integrity, enjoyment of the residential the properties located in Sargent Beach for the benefit of Sargent Beach property owners and the visiting public; and (c) To promote the public safety and welfare of Sargent Beach by, among other things, (i) promoting safety and the safe operation of motor vehicles in compliance with traffic and safety laws, (ii) controlling deterioration of Sargent Beach by promoting the removal of derelict or hazardous structures, and (iii) by assisting senior, disabled or low income residents of Sargent Beach with maintenance of improvements, and etc.. Article 5 is pretty clear that they intend to have the association in complete control of the island on every level possible. As to assertion of assisting seniors, disabled or low income residents, I can only guess they have chosen to sue 3 property owners to fund their altruistic plans. It seems to me if a group of folks want to help others, they might first actually HELP someone instead of suing their neighbors. Don’t kid yourself about their goals and intent – it’s not going to be pretty. Download the lawsuit document. You can clearly see that someone from the “association” trespassed on a resident’s property to take photos to present in their lawsuit. Trespassing on property to sue someone is downright underhanded and I hope every property owner on the island takes note of this trespass. Maybe its time everyone put up a “No Trespass” sign on their property to keep from getting sued by this “association” Hope that helps answer your question Linda [ Post a Reply to This Message ] |
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Author: M [ Edit | View ] |
Date Posted: 14:26:57 09/16/11 Fri I don't necessarily agree with an HOA being the answer. However, if you look into it, past the emotion and rhetoric, the property owners being sued are attempting to take pretty egregious actions on their properties. I am a property owner on the beach and I want other owners to comply with the deed restrictions put in place in 1954. Imagine the outcry when I subdivide and open my pig farm. [ Post a Reply to This Message ] |
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Author: Princess Running Water [ Edit | View ] |
Date Posted: 20:36:02 09/18/11 Sun You are right the original restrictions would be fine, but that's NOT what this SBPOA is trying to do. Read their PROPOSED Deed Restrictions. VERY different story, and as far as the property owners that were sued, One of them was sued for just inquiring about dividing his lots, he actually did NOTHING. The other, put up RV's on his lots and rents them out. Pretty darn nice ones too.. no pig farm there! As to subdividing lots.. take a long look at that one. It's been done over the years by several property owners and when it comes out in court just who did most of that, there'll be a lot egg on the SBPOA faces. [ Post a Reply to This Message ] |
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Author: M [ Edit | View ] |
Date Posted: 15:41:39 10/24/11 Mon Actually if action was taken not in accordance with the deed restrictions of 1954 it could raise title clouds on the offenders or buyers from the offenders. [ Post a Reply to This Message ] |
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Author: Hydra [ Edit | View ] |
Date Posted: 20:56:34 09/19/11 Mon To all, carefully read the letter and intent of the wording and actions requested asked for in the lawsuit. The underlying intent is to have a judge interpret the deed restrictions rather than the Owners. Again and for emphasis, The underlying intent is to have a judge interpret the deed restrictions rather than the Owners. This is evident for many issues and, in my opinion, violates the spirit of deed restrictions and is at the heart of most HOA dictatorships, to accomplish their special interests without regard for the general Ownership. [ Post a Reply to This Message ] |
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Author: Linda [ Edit | View ] |
Date Posted: 07:01:03 09/20/11 Tue Well said! Thank you for reading the information presented and your careful consideration! [ Post a Reply to This Message ] |
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Author: Pat [ Edit | View ] |
Date Posted: 15:35:09 08/16/11 Tue >Exactly - You are not a homeowner and should have no say in what homeowner's do in Sargent. Thanks for visiting...... [ Post a Reply to This Message ] |
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Author: John Boudreaux [ Edit | View ] |
Date Posted: 13:17:17 03/12/12 Mon As the current attorney for the legally recognized Sargent Beach Property Owners Association (SBPOA), those concerned should be aware that the SBPOA is currently defending the deed restrictions that were established long ago and which are currently in effect. In the pending litigation, the SBPOA seeks nothing else. 2 sets of parties to the pending litigation, headed by Vickery and Bartosh (V & B), have counterclaimed for a legal ruling that there are no valid nor enforceable deed restrictions on Sargent Beach. If V & B prevail, there will be no deed restrictions which would mean that any legal activity could take place on any lot on Sargent Beach, including commercial activity such as bars, apartment complexes, unlimited numbers of trailers on a lot, lots being divided without limits, refuse dumping, chemical refining, and anything else you could imagine right next door to your beach house. I proudly represent the SBPOA and look forward to prevailing againt V & B, and anyone else that supports them, so that the few deed restrictions that Sargent Beach has had in place for many years will remain in place, which has allowed Sargent Beach to become the cool place to live and visit that it is. [ Post a Reply to This Message ] |