by Stang Girl » Fri Apr 13, 2007 11:10 am
To the Board of the Circle D HOA:
My name is Lori Merkel. My husband and I live at 154 Old Firetower Rd. On 4/10/07, we received a certified letter stating that we had until 4/15/07 to remove the trucks on the side of our house because they violated Section 6 of the Deed Restrictions along with the Order of Abatement from Bastrop County, which lists Public Nuisances, Junked Vehicles, and Litter.
Section 6 of the Deed Restrictions that was enclosed with the letter does not mention anything about vehicles. It does mention the accumulation of trash, rubbish or other unsightly obstacles or anything that might hinder proper drainage, which these vehicles do not.
On Page 3, on the Order of Abatement, a junked vehicle is classified as a motor vehicle that is A. that is inoperative, and B. does not have lawfully affixed to it either an unexpired license plate, or a valid motor vehicle safety inspection certificate, that is wrecked, dismantled, partially dismantled, or discarded, or that remains inoperable for a continuous period of 45 days.
I would like to take this time to clarify a few things. The vehicles we have at this time do not follow under the definition above as a “junked vehicle”. Yes, we do have vehicles on the East side of the property that are not registered or inspected. The trucks are built and designed for off-road use. Even though they can be used for street use, that is not their function nor or are they very easy to drive on the street. These vehicles are towed to places where they were meant to be used for their proper functionality. Secondly, these trucks are very much operable. At any time, can you go over and move and drive these trucks around the property. At most, they may need to have the battery jumped. We did have a couple of trucks that are projects, along with our tow vehicle, that needs a new transmission at this time. To try and abide by the rules, we are in the process of moving these 2 vehicles to alternate locations so they can be worked on without complaint from the HOA. I have also moved our race car that we have been working on. It was only until recently that it was operable as well, however, we are in the process of putting a new engine in it and until we get the parts for that engine, we are storing our car at another place. We also have contacted friends and members of our truck club to pick up their trucks at this time so that will be 2 more leaving. That will leave our truck, along with another truck of a friend of ours that is in the military. He has returned from Afghanistan but is now in the process of getting deployed to Iraq. He is stationed out of Ft. Polk, La, but the truck is registered and insured in New Jersey, where he is from. We plan on keeping this truck as well, as long as he is overseas. This is a little contribution from us to help him out while he is fighting with the Army.
To also abide by the rules, we have purchased a storage shed (brand new) to enclose some parts that we did have lying on the side of the house. We do understand that these could be considered “junk” to some, but again, what is considered junk by some is considered treasure to others.
To now discuss the movement for 45 days, we have a serious drainage issue on our property. We have found a drainage pipe that runs under Whispering Pines, that drains into our yard. I have contacted Ms. Beckett, who has come to survey the problem, to try and rectify the situation. The county is unable to move the drainage pipe on Whispering Pines, which means, that the run-off from the property behind the subdivision, and the pond when it overflows, will continue to drain into our yard. Ms. Beckett has contacted local service providers to have their lines marked, which SBC, has already done, and waiting for Aqua Water to come out and mark their lines. From my understanding, the county is going to place a drainage pipe under the road on the East corner of our property line and going to recut the ditches to help the flow of water. Our property is the low point, along with the deepest ditches, so we hold all the water and as much rain as we have had recently, we are still under water on the East side of our property. To move our vehicles, would do extreme damage to the property which would be very costly to repair. We have already had dirt hauled in once, and with the help of some great neighbors, got it where we wanted, which proceeded to wash away a week later with the rain.
We want to keep our neighbors happy and have a great relationship with our immediate neighbors up and down the street. We have heard rumors for several months that neighbors were complaining further down the street but no one ever stopped to talk to us personally. However, I do find it curious that nothing was ever said by the HOA until a builder, not even a residence of the neighborhood, came over to complain to us. We take pride in our home and have worked hard for what we have. We will work with the HOA to remain in compliance, however, I find it unfair that we are being penalized for being “gear heads”, who like working, modifying, and driving cars and trucks, and the fact that these vehicles are not for normal street use. I find it unfair that I can drive up and down the full length of Old Firetower Rd and see vehicles that have not moved at all in the 3 years since I have moved here with no notice. I find it unfair that there are homes on Old Firetower Rd that have vehicles with broken windows, trailers full of trash, storage buildings that are collapsing, and other objects that, like my saying above, is considered trash and junk to me, but they might consider treasure, hobbies, or projects, and my husband and I are the ones that have received notice to vacate our vehicles. It’s sad to know that we are not allowed to enjoy our hobbies and “stress-relievers” at our own home that we have worked hard for because others do not take the time to ask or try to understand what our version of fun is.
Again, we are in the process of moving out the vehicles with one already gone and another leaving this weekend, at the sacrifice of our yard. No, they will not all be gone by Sunday, but with the short notice of less than a week, working around others schedules, and finding places, everything will be taken care of by May 1st. I would also like to have some type of notice when the HOA has their meetings since I have never seen nor heard of a schedule. I only find out about this one due to me calling Ms. Pickering to find out about the letter and asked her to have me added to the Agenda.
Thank You,
Lori Merkel & Jeff Harris
Lori - 2004 Mustang GT aka Reaper
When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.
P. J. O'Rourke
it where the truck formerly known as trckmagic is right now. The white Mustang is gone until we are ready to drop in the new engine, Johnstone is here today to pick up the ST, Kris is planning on coming this week to pick up the pieces and parts to Succubus, Randall is picking up Muddwhore the weekend of the 28th, and Big Mama and Jared's Jeep and parts/pieces will be going to our friend Danny's property until we can get everything together.
Plus as I told Jeff and JJ, we are demons and we always have plans for others that they don't expect..... 
