Representing Texas Homeowners Associations & those aggrieved by them

Attorney Trey Wilson handles lawsuits and pre-litigation disputes involving enforcement of restrictive covenants/deed restrictions, Homeowner Association member voting/ballot/proxy issues, HOA Board elections, collection of assessments/dues, placement and removal of liens, CCR/Declaration disputes, developer HOA control/turnover, ACC approval, HOA Board governance, Abuses by Homeowners Associations and drafting/amendment of HOA documents including By-laws.


Timberwood Park POA takes control of common areas

After 30 years of managing Timberwood Park's common areas, the Timberwood Development Co. (TDC) is passing the mantle to the far North Side development's property owner association.

Since Timberwood Park's inception, TDC has managed and maintained the subdivision common areas, including entrance ways to Timberwood Park as well as a 30-acre recreational park available to all residents.

Cindy Griffin, president of Timberwood Park Property Owners Assocation (TPPOA), said the turnover was approved in 2001 but because of the large size of the 2,500-acre development, the process to make TPPOA the managing entity has taken time.

“This was a mutually-agreed-upon decision. The developers felt that their interests were well-protected and they had reached a point where their goals had been met,” Griffin said.

“The biggest change is that we are becoming self-managing and will be better able to ascertain how monies are spent. For example, if we want to build a new playground or make other improvements, we can do so without having to get approval from TDC.”

Chuck Krause, president of TDC, said it has always been the intention of TDC to turn over control and maintenance of the common areas to TPPOA and added that the turnover was made possible as TDC's obligation to maintain roads in Timberwood Park came to a close.

Krause said almost all of Timberwood Park's 43 miles of roads are now maintained by Bexar County with the exception of a few development units being completed at this time.

With a population of about 10,000, the Timberwood Park subdivision lies just north of Stone Oak, with U.S. 281 and Blanco Road serving as its east and west boundaries. The development abuts the city of Bulverde and is located in the Comal Independent School District.

Griffin said that as TPPOA assumes management of the development's common areas, it will begin collecting monthly assessments from about 2,600 homeowners. She said the turnover will not be officially complete until Dec. 31, 2010, but added that the transition is already underway.

Griffin said the majority of collected funds will be used to operate, maintain, and enhance the development's park, which contains a swimming pool, six-hole golf course, seven-acre fishing lake, playground, clubhouse with exercise facility, pavilion, and walking trails.

While TDC manager Jason Gale said most residents won't notice a discernible difference as TDC hands over the reins, Griffin said most of Timberwood Park's residents are “more than happy” that the property owners association is assuming management of the development's recreational facilities.

“Our priorities are different from TDC. We will now be property-owner driven and our interest will be to maintain the park at a level that is satisfactory to the Timberwood Park residents,” Griffin said.

“We are thrilled that the common areas will now belong to the property owners of Timberwood Park.”

Griffin, who has been president of TPPOA since 2006 and was involved in much of the turnover negotiations, said she is delighted with the smooth transition thus far.

“A lot of other turnovers between developers and property owner associations are contentious, but this is not the case with us,” she said.

By By Laura Mrachek