What a strange summer we’ve had so far! Torrential rain, trees down, flooded streets, and an invasion of web worms (so far, no frogs or locusts). We hope everyone is watching their trees for those unsightly white webs. All of us want to keep our beautiful trees well. Here are a few of the most talked about subjects since our last report.

 

Yes, it is true. Five properties in Bentwater were auctioned off at a recent Constable’s sale. This happens when property owners don’t pay their dues. The reserve starting bid is the amount owed for dues and legal expenses incurred in attempts to collect what is owed. It is the last resort and happens after all other attempts are exhausted. Often, when the property owner realizes that the property is indeed going to auction, they will pay what is owed. The Notice of Sale is published in the Montgomery County News, both print and website, each of the three Wednesdays before a sale.

 

For once, the rumor mill is correct. The pads for the lights have already been installed, and hopefully, by the time you read this article, they will be operational.

 

Now. Your POA has contracted for a traffic study in the areas where most speeding complaints are reported. This study will tell us how big the problem is – or is not. Qualified traffic engineers will recommend to the POA the best course of action to address the problem, if one exists.

 

We are glad you asked. Two trustees will be elected in September. A call for candidates will be sent out in August. There is a change in federal law that we want all prospective candidates to be aware of. It is called the Corporate Transparency Act, and it applies to POA trustees. More information about this requirement will be made clear to anyone desiring to run for position. In a nutshell, the federal government requires trustees to provide information since they are responsible for the association’s expenses and for running the association, which is a corporation. Failure to provide this information is a felony and punishable by both hefty fines and possible prison time. POA trustees will be required to submit their information by December 2024.

 

It goes like this: There are 94 sections in Bentwater, and each section has its own Covenants, Conditions, and Restrictions (CCR’s). What may be allowable in one section might not be in another. It is the responsibility of the property owner to know what section their property is in and what the CCR’s are for their section. Many times, buyers who use a real estate agent unfamiliar with Bentwater are not made fully aware of this peculiarity. Most title companies strive to make sure new buyers understand the requirements associated with their purchase, but some may not be as diligent as others. The CCR’s preexist the present POA structure, are binding, and, while possible, are extremely difficult to change. When a violation comes to the attention of POA staff or trustee, it is acted upon. POA staff routinely drive through the neighborhoods to see what needs attention. However, most complaints of violations come from neighbors. Whether or not the POA believes the complaint to be petty, if it is a violation of a CCR, it must be addressed. The POA Board of Trustees is required by the governing documents to enforce the CCR’s. Our best advice is to know what applies to your section, don’t contract for major property change until you know, and try to get along with your neighbors.