Letter to Property Owners Regarding ACC

Dear Property and Homeowners:

 

After engaging legal counsel to represent the HOA in the litigation concerning our deed restrictions and the single Architectural Control Committee that was reviewing proposed buildings in our development, we wanted to be sure that all of our property and homeowners were provided with the results of the review of the Granada Hills governing documents that counsel provided, as follows:

 

The Governing Documents of Granada Hills consist of the five different Declarations of Covenants, Conditions, Easements and Restrictions.  The Granada Homeowners Association exists as an entity that is separate and apart from the legal restrictions on the property within the subdivision.  The HOA is governed by its Bylaws, as they have been amended from time to time.

 

On or about May 30, 1986, L.A. Felder sent a letter to the Granada Homeowners Association that purported to change the Declarations (the “Felder Letter”). Specifically, the Felder Letter purported to consolidate the ACCs of the different sections, appoint members of the combined ACC, and purported to allow for the HOA to govern the new, combined ACC.  The Felder Letter does not appear to have any bearing on the operation of the ACCs.  Reliance on the Felder Letter is problematic for a number of reasons.  First, the Felder Letter does not appear to follow the requirements of the Declarations insofar as it appoints new members to the combined ACC.  Second, the Felder Letter does not follow the procedures identified by the Declaration for amendment.  Third, the Felder Letter was not recorded in the real property records as an Amendment to the Declarations.  Finally, the Felder Letter ignores the fact that the HOA is a voluntary association, whereas the deed restrictions are binding upon all homeowners.  Under Texas law, you cannot amend properly recorded deed restrictions via merely sending a letter to homeowners.

 

Therefore, the single ACC consisting of Jason Ray, Damon Brinson, and Rick Perkins, which has been operating to review building in Granada Hills has been doing so without legal authorization.  It is this HOA’s position that the single ACC and its members are NOT acting with any legal or HOA authorization, and that any review or recommendation by the single ACC is nonbinding and unauthorized.

 

This does not mean that Granada Hills deed restrictions are not being enforced.  It means that every homeowner still has, and has always had, the ability to enforce deed restrictions against any other homeowner in their section who they believe is violating their deed restrictions. In addition, Sections 1, 2, 3&5, and 6 can each have their own ACC, each made up of three members elected by the homeowners of those sections with one vote for each lot owned.  (Section 4 also has provisions for a three-member ACC, but its election language is unclear.) Sections 3&5, are the only sections which have a current ACC created in accordance with their deed restrictions. Should you have questions about who to contact concerning an Architectural Committee question, or questions about forming an ACC for sections 1, 2, 4 and 6, in accordance with your deed restrictions, please direct them to any current member of the HOA board. Our contact emails are posted on the official web site at: granadahillshoa.org, and have been included below.

Officers

President  –  Michael Crumrine – president@granadahillshoa.org

Vice President  – Tim Hendricks – vicepresident@granadahillshoa.org

Treasurer  –  Leslie Pearson – treasurer@granadahillshoa.org

Secretary  –  Rosa Downs – secretary@granadahillshoa.org

Directors

Matt Pariseau (website) – matt@granadahillshoa.org

Troy Spink (parks and pool) – troy@granadahillshoa.org

Rush Seal (parks and landscaping) – rush@granadahillshoa.org

Claudia Neal (events)- claudia@granadahillshoa.org

Bill Schiller (newsletter)- bill@granadahillshoa.org

 

Respectfully,

The Granada Hills Homeowners Association Board