© Lanty Wylie
Member of Hide-A-Way Lake Club, Inc., “HAWL”
A Texas Corporation
The purpose of this web page is to encourage Hide-A-Way Lake Club, Inc., to obey and enforce their own Deed Restrictions as stated by the Texas 12th Court of Appeals.
August 21, 2017
“He lit a lamp in broad daylight and said, as he went about, "I am looking for an honest man."
Diogenes of Sinope c. 412 BC – 323 BC)
Click Here: Where is the Love
Click Here: Court Ruling
Click Here: Think About This
Click Here: The Great HAWL Land Deal
Click Here: Membership Deal
Click Here: TCEQ VISIT
Click Here: Who Do You Serve
Click Here: Church Deeds
Click Here: The Truth
Click Here: Decisions
Great HOA Web Page. Click Here: http://texashoas.org/
When anyone applies for membership in Hide-A-Way Lake Club, Inc., (“HAWL”) they are given a packet of information including Deed Restrictions.
HAWL will enforce these Deed Restrictions against you and your property, but the dirty little secret is, You Cannot Force HAWL to obey its own Deed Restrictions! HAWL does not have to enforce its own deed restrictions, they just pick and choose which ones to enforce.
People are buying into HAWL and not being told the truth that HAWL may not enforce its own Deed Restrictions.
This makes the 12 board members your Jury as far as enforcing Deed Restrictions and the system appears to be fixed.
Read the proposed BYLAWS. Deed Restrictions are mentioned 3 times not once is HAWL compelled to enforce its own Deed Restrictions.
In Texas a court of competent jurisdiction has decided what the law is, in this case how HAWL’s Deed Restrictions relate to HAWL and its members.
(The quote below: member “Wylie” shall be for any HAWL member. The “Unit#41” shall be for any unit in HAWL.)
--Quote in part—
. (Tex. 12th Court of Appeals NO.
"Although the restrictions set forth in the Common Area Deed and Unit 41residential deed restrictions and its amendments are not wholly identical, the restrictions regarding "commercial" use and "offensive" and "annoying" activities are common both to the residential lots and the common area. It is further noteworthy that the Common Area Deed sets forth that "[a]t all times, the land and improvements herein conveyed shall be used and
maintained for the exclusive benefit and enjoyment of the member property owners of Hide-A-Way Lake and Lake Hide-A-Way Subdivisions and other members of grantee." “In complement, the Unit 41 restrictive covenants and amendments thereto state that lot owners in the subdivision must be members of the Club. Based on our reading of the common area deed and the Unit 41 restrictive covenants, we conclude that a general plan or scheme of development exists at Hide-A-Way Lake that includes both the residential lots and the common areas."
"Because we have concluded that (1) a general plan or scheme of development exists at Hide-A-Way Lake that includes both the residential lots in the Unit 41 Subdivision and the common areas and (2) these restrictions were part of the inducement for the Wylie’s to purchase their lot at Hide-A-Way Lake, we hold that the Wylies have standing to enforce these restrictions in common under an implied mutuality of covenants. Ski Masters, 269 S.W.3d at 270. The Wylie's first issue is sustained." (Emphasis Mine)
Just in case you missed it, HAWL, has so many lawsuits, claims, etc., that when their insurance was up for renewal only one company would bid.
THE HAWL BOARD
Is some of HAWL’s Board working for the membership, as they claim, or their own special interest?
HAWL’s members joined, by contract, to be governed by a set of bylaws and Deed Restrictions. Some of HAWL’s Board continue to thumb their noise at the membership in the guise that they know better than the governing documents what is best for HAWL.
That all said, thanks very much, to the several board members that are truly working hard to make a difference.
(It does seem strange, to me, that a member has to ask when, if ever, Hide-A-Way Lake Club, Inc., is planning on obeying their own Deed Restrictions.)
The Smith County Appraisal District reduced the value of the Wylie property and issued an order on June 24, 2004.
The Wylie’s plead that the 2003 Spillway Lease devalued their property by authorizing a Commercial Parking Lot directly behind their property; that this violated several Land Deed Restrictions of Hide-A-Way Lake Club, Inc.
The Smith County Appraisal District “SCAD” board heard arguments on both sides and decided in the Wylie’s favor.
The Wylie property was reduced, in value, by $21,600. Several of the other properties that back up to the Spillway was also reduced in value.
The HAWL Board DID NOTHING!
Apparently HAWL’s Board has decided, by their actions, that a Deed Restrictions Violation by a commercial business is not important, even if it devalues a dues paying members property.
Click on this link for a property value summary: SCAD.pdf
An audio recording of the SCAD meeting is available at:
In 2001 Hideaway Lake Community Church ran an ad in
the Lindale News that a Secular School was to be opened in HAWL. A secular school is a business as is a church.
This was just another attempt to violate the common HAWL Deed Restrictions. The Wylie’s and several other HAWL members filed a lawsuit and won on a summary judgment.
• There is a Deed Restriction on Church property,
“No Secular School. “
(Smith Co.,Tex. Vol. 7093 Page 224 – 2003-R0021932)
HAWL’s BOARD DID NOTHING
Even though the Wyle property value had been reduced by a Commercial Parking Lot, HAWL’s Board of Directors voted and passed a new Spillway Lease in 2008. The 2008 Lease included more HAWL property. The new lease is another gross violation of the Land Deed Restrictions.
February 2003 Richard Beene sent a letter to HAWL stating the Church was interested in purchasing the Spillway. Any sale of HAWL property to a non-member would be a violation of the Deed Restrictions. The price offered was $10,000.00, even though HAWL’s General Manager stated in a Board Briefing paper that the Spillway was worth in excess of $100,000.00.
The sale was not consummated.
IF YOU ARE NOT PART OF THE SOLUTION, THEN YOU ARE THE PROBLEM.
NOT ONE TIME
Not One Time since August 28, 2008 has the Hide-A-Way Lake Club, Inc., Board of Directors voted to correct any violation of the Land Deed Restrictions in regard to the Wylie’s vs. HAWL/Church Lawsuit. Not One Time! (Check the record for yourself.)
On March 11, 2016 a settlement was reached in the matter of Fadoice Tunstle, Individually and on behalf of all other similarly situated Plaintiff v. Hide-A-Way Lake Club, Inc., Defendant.
A Civil Action No: 2:15-cv-00808-JRG in the United States District Court of Texas, Marshall, Texas Division.
See the settlement document HERE
FOLLOW THE LAW
Since Ancient Rome, (527 AD) there has been some form of a business Corporation. Laws have been enacted to define and control the operations of Corporations. These laws have been refined over a thousand years. The laws have one objective-to protect the Corporation and control the activities of the Corporation to comply with Government laws. Corporations that do not adhere to laws may suffer the consequences of fines, penalties, and LAWSUITS.
HAWL is a wonderful example of a Corporation that seemingly acts as if the laws do not apply. How many lawsuits must the people of HAWL endure? How much money will the BOD take from the people to pay for, victims, lawyers, insurance and other costs?
The problem with several Board of Directors is one of pride and
arrogance. SOME Board members rise above the law and view actions of HAWL
from the vast wasteland of their own wisdom. We keep electing them, to the
board, year after year.
Have you ever heard a Board member state, "We have to do what is best for HAWL? If only that could be interpreted as "We must follow the law". Sadly, it means, "I in my infinite wisdom will implement my own laws".
Several of the Board of Directors (past or present) appear to be wiser and informed than corporate laws that have been refined for over one thousand years. I think not.
What we need are Board members that can control their egos. The mere lack of control over their arrogance and pride is costing the members money. How much HAWL money will it take to make them happy? Perhaps the Board would consider reflecting on the following proverb:
"Seest thou a man wise in his own conceit? There is more hope of a fool than of him". Proverbs 26:12
STATE TAX FIASCO
According to a document submitted to the Texas Department of Licensing and Regulation, April 16, 2004, the New Lodge owner is “The City of Hideaway.”
The President of the HAWL Board at this time was Gene McCrory, and Vice President Gayle Pepper.
If The City of Hideaway owned the Club House it would not have to pay Texas Sales Taxes on this construction project, but the Club would and did have to pay after they were caught. Hide-A-Way Lake Club, Inc., is now and was the owners of the new Club House.
Construction 2004, tax due – it was four (4) years before the membership notified in 2008.
For the document click – HERE.
Remember when the club, under the administration of David Stubblefield, President, “someone” tried to evade the state of Texas out of about $90,000 in Taxes?
According to Stubblefield (recording) the actual tax debt was $90,600. This was allegedly said to be paid to the contractor. The contractor allegedly did not pay the state of Texas.
Now comes HAWL with an invoice from the state of Texas for about $90,600.
So far: HAWL paid the contractor then had to pay the state for the same tax debt.
Now: With the $90,600 paid to the contractor plus $90,600 paid to the state that comes to $181,200 for the “Great HAWL Tax Fiasco.” OR – was this money amount in the SPIN statements?
If you get your home Air Conditioner fixed, or replaced, you pay a state tax as required.
NOT EVER does the state come back to you and expect you to again pay for the tax on the Air Conditioner invoice. NOT EVER
However, if I tell the Air Conditioner Company, A city owns the Air Conditioner, then no state tax is charged.
(The above is an example – not to imply anything about Air Conditioners – but to illustrate a legitimate business transaction. I know this may sound complicated, but we need board members that understand simple business transactions, such as State Taxes, and Retained Earnings.)
However, when HAWL explains the Great HAWL Tax Fiasco – well that is called SPIN – SPIN the responsibility off to someone else.
The way I found out:
“Someone” tried, in an open meeting to lay the blame on Lanty & Patricia Wylie. We did not turn HAWL in.
(I can dig up a recording on this one. If any questions on this I will put it up on this site.)
M. Shane McGuire
The McGuire Firm, PC
102 N. College, Suite 1030
Tyler, Texas 75702
It appears to me that HAWL’s insurance will not pay for the latest HAWL Labor Law contest in the Federal Court in Marshall, Texas.
When Deed Restrictions, Labor Laws, and other factors are in question, HAWL’s Insurance goes up.
It appears to me that the greatest increase of Insurance costs could have been avoided by a responsible Board of Directors.
You, all of HAWL members, are paying for it.
Tunstle v. Hide-A-Way Lake Club, Inc.
Please click the link below for the original complaint:
I am researching HAWL Board Members that were in office at the time of this complaint. More to come.
For HAWL’s answer to the above lawsuit:
In regard to ending the burning at the
The TCEQ Record: http://www2.tceq.texas.gov/oce/waci/index.cfm?fuseaction=home.complaint&incid=225552
CITY OF HIDEAWAY APPRAISED PROPERTY VALUE
Smith County Appraisal Data for 2015 Click HERE
(Check the data for yourself – my analysis below)
1. City of Hideaway 2015 property appraised at $327,088,260
2. City of Hideaway 2015 Tax appraised at $4,604,635.67
3. Hideaway Community Church appraised at $2,020,000
Systems, Inc. and Crystal Systems Texas, Inc.
5 properties with a total taxable value of $17,200
James Walter Estate
7 properties with a total taxable value of $38,600
Lake Club, Inc., also DBA Hide-A-Way Lake Homeowners
110 properties with a total taxable value of $542,050
Lake Inc. (Fair)
103 properties with a taxable value of $1,664,903
Found the following anomalies in the data:
two Hide A Way Lake Club Inc., properties with a Fair PO Box address.
Lot 1466 and Lot 1467
one Hide A Way Lake Homeowners DBA Hide A Way Lake Club, Inc.
Address Ste. 100 Lindale, Texas Lot 1047
In HAWL, does your lot extend to the center of the road?
This question has been kicked around for the past several years. When several of the Units in HAWL were platted in 1969 (I use Unit 41 as an example.) a notation was placed on the Platt’s that placed lot ownership to the center of the road, with restrictions.
(Smith County Records: Vol 1308. Page 549. Platt Vol 6 Page 26)
You decide – Click: Here
With winter and rain on the way, it is time to revisit what the State Regulatory Agency has to say about the HAWL Spillway.
On March 15, 2013 The Texas Commission on Environmental Quality “TCEQ” inspected Hide-A-Way Lake Club, Inc., “HAWL” Number 1 Dam. (The spillway is part of the middle lake dam system.)
The TCEQ report, LEFT CLICK: HAWL-Church-TCEQ
I believe that HAWL would incur a great liability in a flood or other natural disaster if the TCEQ recommendations are not followed.
The middle lake dam is a Class “A” dam. A dam failure would, according to TCEQ, cause possible property damage and loss of life.
As an example, according to TCEQ: “The Club should ensure that an emergency parking policy be developed and implemented by the Church so that vehicles are not in the parking lot when extreme rainfall events are expected or occur.”
I know of several extreme rainfall events, every year, but no restriction on parking in the spillway.
It seems to me that everyone but the HAWL BOD is required to obey the CC&Rs. (Covenants, Conditions, and Restrictions)
Read the TCEQ report and decide for yourself. It is your money.
Every two years the Texas legislature meets to pass some watered-down protection for Texas Homeowners Associations. There is NEVER a compliance requirement in these laws, never.
A legal burden is placed on each Homeowner to enforce State Law!
I propose a “Texas Homeowners Board for The Protection of Homeowner’s Rights.” Any Homeowners Association, in Texas, that has a legal right of foreclosure, for any reason, would submit to this new State Regulatory Board under the supervision of the Texas Attorney General.
You, as a member of a Homeowners Association, are better protected from getting a bad haircut than having your homestead sold, fines levied, and dues increased.
You are protected by the State of Texas from errant behavior of the following:
HOMEOWNERS ASSOCIATIONS ARE NOT ON THE STATE LIST.
The Texas Homeowners Protection Board would have the power to police errant Associations, by removing their state charter, fines, jail and/or appointing a Master to oversee the Home Owners Association until a responsible Board of Directors could be elected to follow the Law, Covenants, Conditions and Restrictions.
Think about it, Homeowners Associations must be made to follow the law. History is an example of not being able to depend on the goodwill of our fellow man, or the courts in this regard.
A decision by the Texas 12th Court of Appeals states that Hide-A-Way Lake Club, Inc., a Homeowners Association, cannot be made to enforce its own Deed Restrictions. (Tex. 12th Court of Appeals NO. 12-12-00290-CV)
However, the 12th Court of Appeals decision stated the various Deed Restrictions that Hide-A-Way Lake Club, Inc., DID NOT obey.
My personal observation:
I have never seen such weak people on a Board of Directors!
This must be changed!
Contact your state representative and get this legislation passed or send
them this link.
On April 25, 2014 a representative of Hideaway Community Church, Inc., filed an Affidavit in the Smith County, Texas official records as 2014-00015814 et seq.
The Texas Health and Safety Code requires owners (of OSSFs “Septic Systems”) to provide notice to the public that certain types of OSSFs are located on specific pieces of property.
To quote the Affidavit: “You MUST attach a metes and bounds property description.” Page 2 of the link referenced below, filed with the County, does not show the septic spray field in the Hide-A-Way Lake system, which it is.
On Page 4 of the referenced link below, an engineering drawing of the correct placement of the Church Septic System spray field in the Hide-A-Way Lake spillway. The notation “PL” is the Church property line.
The last page of the attached link is permission from HAWL to use its spillway for septic disposal.
Would you think this septic disposal would run into the third lake?
What happens if a false Affidavit was filed?
Go to this link and decide for yourself: Affidavit
Nowhere in the record will you find any action by the Wylie’s that indicate they are trying to get rid of the Church. The record shows the Wylie’s only want HAWL and the Church to obey the Deed Restrictions.
You can spin this all you want to, but the facts are here.
You can be a part of the problem or part of the solution.
1. Lanty, Pat Wylie, and others filed a Lawsuit in Smith County, Texas to enforce HAWL’s Deed Restrictions. A successful outcome would prevent a Secular School in HAWL. The Lawsuit was successful and a document was attached to the Church Deed to that effect. A Secular School was agreed never to be operated on HAWL Church Property.
By this legal action we were accused of hating the church.
2. The total legal bill for the Church to pay plaintiffs for the Church School fiasco was about $27,000.00. Thanks to several members of HAWL that contributed to Legal Expenses. The Wylie’s cash outlay was $17, 056.24, which we never got back. As the Church pled poverty, we settled for $2,500 from the Church to help pay legal expense.
3. February 2003 Richard Beene sent a letter to HAWL stating the Church was interested in purchasing the Spillway. Any sale of HAWL property to a non-member would be a violation of the Deed Restrictions. The price offered was $10,000.00, even though HAWL’s General Manager stated in a Board Briefing paper that the Spillway was worth in excess of $100,000.00.
4. Due to Parking, Lights, Construction and Noise behind my home, in 2006 the Smith County Appraisal District lowered the Wylie property value $21,600.00 and 5% per year of valuation. HAWL’s BOD did NOTHING; HAWL BOD has done nothing, in this regard.
5. September 13, 2006
Letter (A Court Record) from Don Anderson to Doug Byrd:
In part, “I have read your letter from the Texas Commission of Environmental Quality and I am just thanking the Lord that there are guys like you who are fronting for us in all of these situations.”
Fronting – a mob term: “To put up an appearance of being one way when you’re another.”
6. March 2010 the 114th District Court issued a PROTECTIVE ORDER that prohibits Lanty & Patricia Wylie from deposing Don Anderson, the then Pastor of Hideaway Lake Community Church.
7. In 2008 Lanty & Patricia Wylie filed a Lawsuit to challenge the 2008 Spillway Lease as violating the Deed Restrictions. This case was denied by the Statute of Limitations.
Our Lawsuit was filed within a month of the 2008 Lease.
(Revivor of the 2003 Spillway Lease did not occur as the 2008 Spillway Lease did not clearly refer to a specific lease and recognize the validity of that lease.)
8. The Texas 12th Appeals Court Ruled:
a) The 1969 and 1995 Deed Restrictions apply to all property in HAWL.
b) A member can sue any property owner for a Deed Restriction violation.
You cannot sue HAWL to enforce a deed restriction violation.
(We must depend on our fellow man to do the right thing.)
d) No lot shall be used for other than residential purposes (except as elsewhere herein provided) . . . .
e) No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the subdivision in which said lot is located.
f) No sale, transfer, lease or other disposition of any lot in the Hide-A- Way Lake Unit No. 41 Subdivision shall be
consummated unless and until the Purchaser or transferee has applied for and
has been accepted as a member of the Hide-A-Way Lake Club . . . .
9. The Texas 12th Appeals Court Ruled:
SPECIFIC LAND USE
a) All lots shall be used for residential purposes. No business usage is allowed…….
10. The Texas 12th Appeals Court Ruled:
a) No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to lot owners within the Club boundaries.
11. The Texas 12th Appeals Court Ruled:
OPERATION AND MAINTENANCE OF RECREATIONAL, SOCIAL AND CULTURAL FACILITIES
a) No sale, transfer, lease, or other disposition of any lot within the
boundaries of Hide-A-Way Lake Club shall be consummated unless and until the
purchaser or transferee has applied for and has been approved an s a member of
Hide-A-Way Lake Club, Inc. . . . .
12. New Church construction with a building permit for a residence has apparently created a DRAINAGE PROBLEM for homes on Lake Park Circle. The Church wants HAWL to pay for ONE HALF of the cost to fix their problem.
13. The Appeals Court ruled against the Wylie’s due to Statute of Limitations.
THEN the Court listed exactly several Deed Restrictions that were apparently being violated by Hideaway. In view of these facts other considerations, HAWL MUST CANCEL THE SPILLWAY LEASE TO COMPLY WITH THE COURT’S INTENT.
14. The Church has filed Garnishment against the Wylie’s RETIREMENT ACCOUNTS.
15. By not obeying our common Deed Restrictions, the Church continues to trample on the property rights of all the members of Hide-A-Way Lake Club, Inc. These actions were taken with the knowledge that what they were doing was wrong. They continue on a daily basis to show disrespect for HAWL’s member property owners.
"We can easily forgive the child who is afraid of the dark...
The real tragedy is the adult who is afraid of the light."
~ Adapted from Plato
NEW BOARD OF DIRECTORS
A new Board of Directors has been seated. They will raise their right hand and swear to obey the “respective By-Laws thereof”… “SO HELP ME GOD.”
I would add to this Oath, “… and give me a back bone” If they do obey and enforce the By-Laws and DEED RESTRICTIONS it will be the first time this has happened, in my view, since the year 2003.
In your membership agreement, a member swears before a Notary Public that the CC&R’s (Covenants, Conditions and Restrictions) are an integral and binding part of my agreement and contract with the Club.
This Oath does not go away when you become a Board of Director.
Again, we should add to the Board Oath, after “So Help Me God” then “and Give me a back bone.”
Every year the Board ignores the basic founding restrictions the more our property values go down….
The main reason Deed Restrictions exist is to protect property values.
When is Hide-A-Way Lake Club,
Inc., planning on enforcing its own Deed Restrictions?
When is Hide-A-Way Lake Club, Inc., planning on returning the beautiful Spillway Area back to the amenities of our Club?
How long is Hide-A-Way Lake Club, Inc., planning on ignoring the Texas 12th Court of Appeals determination? (Tex. 12th Court of Appeals NO. 12-12-00290-CV)
Please see documentation below:
enforce Deed Restrictions in Hideaway?
1. The County Attorney – by Texas law.
2. The City of Hideaway – by Texas law.
3. Hide-A-Way Lake Club, Inc. – by civil contract.
information Click Here: Deed Restrictions
"Neither the wisest constitution nor the
laws will secure the liberty and happiness of a
people whose manners are universally corrupt."
~ Samuel Adams
I have received several requests to post, on this site, questions that the Hideaway Lake Community Church Attorney will ask.
Most attorneys they get paid by the hour. This contest has been going on since 2008, go figure. (Qui bono?)
However, my deposition has been delayed to another day.
Recently, Hideaway Lake Community Church demanded information concerning some of the most intimate details of our personal life. These demands included but are not limited to the following:
· A copy of Lanty & Patricia’s Will,
· Information concerning guns we may own,
· Details about our retirement accounts,
· Number and types of vehicles plus a copy of the titles,
· Description and value of our furniture.
And much more.......
After receiving this data, Hideaway Community Church obtained our personal financial records from our bank. The Church then demanded the scheduling of a deposition to ask questions about our personal finances, etc.
We will update this site as events develop.
The only way problems that are being created by nonmembers can ever be resolved is to address how they are being created.
This continued chaos lands directly at the feet of HAWL’S present and past Board of Directors. We continue to elect board members who use their position on the board to further their own personal agenda, without any authority to do so.
Interestingly, two of our Letter to the Editor writers used their position on the board and cast a vote to break HAWL’S Deed Restrictions.
One of them still sits on our board today, and continues to be an advocate for a nonmember who seems to always be in the middle of the chaos.
Another letter writer talked about the Lawsuits he is dealing with, and how they have won all of them. The Church did not win the school lawsuit.
The Wylie’s paid a majority of the legal bills as the Church pled poverty. In the 2008 lease suit, he speaks about their win. In a ruling that basically says, yes, you are breaking HAWL’S Deed Restrictions, but you have been doing it for so long, you are covered by the Statue of Limitations, so continue.
Is that a win to be proud of, or is that a slap in the face to the member property owners of HAWL? This person is President of the Church Board.
Each of these people were aware of the rules that governed HAWL before they took these actions. They just don’t seem to be able to connect the dots. The things they continue to do is having a negative effect on the property owners, especially those who have homes that surround the church. Maybe these lawsuits occurred because you continue to break the rules. I think the facts clearly point to who is attacking HAWL by continuing to violate our rules of conduct.
We should all be aware of those who yell the loudest. They are usually the perpetrators.
OUR DEEDS SPEAK TO WHO WE ARE, NOT THE ORGANIZATION TO WHICH WE BELONG.
When the rules are broken for the few it has a negative effect on everyone. Once that door is open, the demands will never stop.
We often hear our leaders speak about “WHAT IS BEST FOR HIDEAWAY.” That decision has already been made by the Member Property Owners who voted to be governed under a set of Bylaws and Deed Restrictions. The board has no authority to change them. Your job is to govern according to them.
When you disregard or refuse to enforce them, which is an arrogant thumbing of your nose at the members who pays HAWL’S bills.
This seems like a no brainer to me.
The board is going to serve the membership, or cater to nonmembers. What you continue to do evidentially isn’t working.
HAWL was established to accommodate its members in a residential only setting. No business is allowed. A business is now trying to get HAWL to adapt to their needs. Our bylaws and deed restrictions were not written to accommodate a business.
It takes courage, and a strong backbone to do the right thing.
It’s a tough job, but you volunteered for it.
TRUTH IS NEVER THE ENEMY
At the HAWL Board meeting of February 16, 2015 a First Reading of a proposed Rules and Regulations change was presented.
A change in the Gate Access Procedure was considered as the Church was advertising on its web page and on Face Book instructions on how to get gate access to HAWL.
“Just show your driver’s license and say you are going to church.”
Everyone else has to call-in, vouch for guests, and accept some financial responsibility for guests’ conduct while in HAWL.
If you want any and every one to drive through our gates then keep the rules as they are.
If you want everyone treated the same, encourage;
to vote for passage of the Revised Rules and Regulations.
Note: The Board votes to modify Rules and Regulations, not HAWL members.
The above Board Members voted against the most common sense approach to make Security Equal at HAWL – this type of reasoning escapes me. We all pay for Security, certain folks want an exception.
It is interesting that the group that does not pay anything for Security and is not a member of HAWL, wants an exception to the rules all of the members must follow.
(Thanks to those that commented on this posting for accuracy.)
The opinions stated herein are mine alone. You may have a different opinion; if you disagree, please call me; I am in the HAWL phone book. Check the facts for yourself. Most are found in the Smith County, Texas Public Records.
THE COMPLETE HISTORICAL RECORD
A Church in Texas is a BUSINESS.(1) The governing documents of HAWL do not allow a Business.(2)
HAWL’s Board of Directors is the solution or the problem.
Did I mention the Church, a business, is not a member?
The Church pays no dues.
(1) 30 Tex. Admin. Code, Chapter 350.4(a)(13)
(2) Definition of Business: The practice of making one's living by engaging in commerce.”
January 15, 2015
GATE ACCESS AT HIDEAWAY
Oops, I forgot to call a contractor in for access to HAWL today.
The Security person called me and I vouched him safe in.
I just wonder why my guests cannot be treated the same as Church guests?
Church guests just have to show a driver’s license and, according to their public advertisements, their guests are allowed into HAWL.
Maybe it is the classes of membership. If I paid the same amount for membership as the Church ($ZERO$) maybe my guests would be afforded the same “Driver’s License” courtesy.
According to the Church Web Page, just
pull up to the Hideaway Security Gate and tell the guard you are going to
church. If you have a driver’s license you and your passengers are in. See
excerpts, below, from the Hideaway Community Church Web Page October 24, 2014,
and Facebook. Decide for yourself.
"Hideaway Community Church is located inside the gated
community of Hideaway. Even though we are located within a private neighborhood, everyone is welcome to attend.
When you arrive at the Hideaway gate, tell the guard you are going to the church. You will be asked to present your driver’s license and will be added to the church list. We hope you’ll come check us out soon!"
(Emphasis mine) - Fair Use. Title 17 US Code
Check out Hideaway Lake Community Church on FACEBOOK.
Click here: FACE BOOK
“Hideaway Lake Community Church is not just for Hideaway!
Why go through the hassle of calling your friends and relatives in for gate access? Just have them show their Driver’s License. We should all be treated the same. Actually the members pay dues, the Church, a business, does not.
If the Driver’s License entry does not work – then –
We have found a Great Law Firm with a treasure of knowledge of Texas Homeowners Associations.
M. Shane McGuire
The McGuire Firm, PC
102 N. College, Suite 1030
Tyler, Texas 75702
See for yourself: Hideaway Rules and Regulations
· Only members and renters can authorize gate access.
· The Church IS NOT a member of HAWL.
· A nonmember cannot invite persons to use HAWL’s facilities.
This should be an issue for “The Community Compliance Committee”. However, did all members of that committee sign, in its entirety, HAWL’s Ethics Resolution?
As you drive in the gated community of Hide-A-Way Lake Club, Inc., be filled with pride, HAWL has allegedly protected certain deed restriction violators, at law, with your money. No one, I have talked with, can explain why HAWL decided to press its full legal might against a dues paying member to support a Business that is not a member.
Could it be that several members of the Business are also on the HAWL Board?
A good book to read, at this point, would be Dante’s’ Inferno.
FAUST: "How comes it then that thou art out of hell?"
MEPHASTOPHILIS: "Why this is hell, nor am I out of it."
Christopher Marlowe “Doctor Faustus”
I have found a couple of Legal Cases that appear, to me, applicable for Hide-A-Way Lake Club, Inc. I urge you to search these cases on Google and decide for yourself.
Jeffrey A. Fox, Appellant v. James F. O'Leary, Jr., Appellee
Texas Court of Appeals, Austin, Texas NO. 03–11–00270–CV
-- March 14, 2012
“In July 2010 Fox sued O'Leary for breach of restrictive covenants, alleging that O'Leary's construction of the new home violated deed restrictions governing their subdivision. Fox sought a permanent injunction that would require O'Leary to bring his home into compliance with the deed restrictions.”
1. O’Leary’s original construction was in 1960.
2. Original house violated deed restrictions.
3. O’Leary’s house burned down – this reset the statute of limitations. (No Grand Father Defense.)
4. O’Leary constructed a new foundation that violated deed set-backs.
5. The court ruled O’Leary must bring his new house in compliance with deed Restrictions.
The next case is a seminal decision on Church v State.
SCOTUS City of Boerne v. Flores, 521 U.S. 507 (1997)
My Comments Summary:
The City of Boerne, Texas denied Bishop Flores a building permit to change the structure of a Historic District in Boerne, Texas.
This case eventually made its way to the United States Supreme Court.
1. Flores cited the “Religious Freedom Restoration Act of 1993. This act was passed by the US Congress and signed by Bill Clinton.
2. The United States Supreme Court ruled the RFRA exceeded congresses power and was therefore unconstitutional.
(If the court had not thrown RFRA out, every Church Deed Restriction lawsuit would have wound up in Federal Court.)
3. The court ruled Boerne had a right to enforce its legal authority as they did not favor one religion over another. They did not favor any entity over another. They did not discriminate against any religion or other entity over the general welfare of the city.
4. In other words, the church must obey the law as applied equally to everyone. They cannot violate DEED RESTRICTIONS.
CITY OF HIDEAWAY TEXAS
A City of Hideaway election is of paramount importance this year.
A Texas City can pass LAWS; a Corporate Board can pass Resolutions.
It is obvious, to me, that the HAWL BOD is not going to enforce the common Deed Restrictions as set forth by the Texas 12th Court of Appeals.
The City has, in my view, the power to enforce the several Deed Restrictions that the membership voted on and passed in 1969 and 1995.
Search on Google: TEX LG. CODE ANN. § 212.153 : Texas Statutes - Section 212.153: SUIT TO ENFORCE RESTRICTIONS
“(a) Except as provided by Subsection
(b), the municipality may sue in any
court of competent jurisdiction to enjoin or abate a violation of a
restriction contained or incorporated by reference in a properly recorded
plan, plat, or other instrument that affects a subdivision located inside
the boundaries of the municipality.
(b) The municipality may not initiate or maintain a suit to enjoin or abate
a violation of a restriction if a property owners' association with the
authority to enforce the restriction files suit to enforce the restriction.
(c) In a suit by a property owners' association to enforce a restriction,
the association may not submit into evidence or otherwise use the work
product of the municipality's legal counsel.
(d) In a suit filed under this section alleging that any of the following
activities violates a restriction limiting property to residential use, it
is not a defense that the activity is incidental to the residential use of
(1) storing a tow truck, crane, moving van or truck, dump truck, cement
mixer, earth-moving device, or trailer longer than 20 feet; or
(2) repairing or offering for sale more than two motor vehicles in a
(e) A municipality may not enforce a
deed restriction which purports to
regulate or restrict the rights granted to public utilities to install,
operate, maintain, replace, and remove facilities within
easements and private or public rights-of-way.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Renumbered from
Local Government Code, Sec. 230.003 by Acts 2001, 77th Leg., ch. 1420, Sec.
12.002, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1044, Sec.
2, eff. Sept 1, 2003. Renumbered from Local Government Code, Sec. 212.133 by
Acts 2003, 78th Leg., ch. 1275, Sec. 2(107), eff. Sept. 1, 2003.”
WHAT IT COST
How much do you think it cost in an attempt to Enforce HAWL’s Deed Restrictions? The Wylie’s were trying to enforce, HAWL and the Church’s effort, not-so-much.
The Wylie lawsuit was filed in August 2008 to oppose certain Deed Restrictions violations. The case was settled in 2014 through various appeals to and including the Texas Supreme Court. The Wylie’s lost on Statute of Limitations. The Texas 12th Appeals Court ruled that the 2008 Lease was a continuation of the 2003 Lease.
In my opinion, after reading the Texas 12th Court of Appeals, HAWL and the Church are still in violation of the 1969 and 1995 Deed Restrictions.
HAWL’s Board of Directors decided they DO NOT HAVE to enforce the Common Land Deed Restrictions. (By their statements and actions yea shall know them.)
You might want to read the book, “Smith County Justice” by David Ellsworth to really get a handle on Smith County, Texas.
What really surprised me was the rabid effort that HAWL brought forth to protect the status of the Church. Texas Law defines the Church as a business.
So, when you drive in the gate, be proud, HAWL is looking out for certain deed restriction violators with your money.
That all said, I think we have had the BEST legal representation possible.
M. Shane McGuire
The McGuire Firm, PC
102 N. College, Suite 1030
Tyler, Texas 75702
WHO PAYS #1?
Before we get into the Spillway Parking, I would like for you to consider the First Amendment Establishment Clause. Please Google the subject and decide for yourself.
My View: Basically, a compulsory payment (money, goods and services) to any religious organization is not allowed. By the same token, these common funds cannot be used to oppose any particular religion. By any definition, Laws, Rules and Regulations must be Religious Neutral.
SCOTUS City of Boerne v. Flores, 521 U.S. 507 (1997)
New storage parking rates went from $9 per month to $12 per month. This was the cheapest rate in the News Blast for parking.
That is interesting.
The Church has leased (2008 Lease) HAWL property for about 200 parking spaces. Their monthly lease is $50 per month. I calculate this out to be TWENTY FIVE CENTS PER MONTH PER PARKING SPACE.
1. Spillway parking not used all the time. You do not have to use your storage space all the time.
2. Spillway Parking for Church members. Storage parking is for HAWL members.
3. Non-profit Corporation: All members treated the same.
Do you really believe that?
4. Then there are those pesky Deed Restrictions, “All property owners must provide parking on their own property.”
If my math is off on this, please tell me. I am in the phone book.
If HAWL is off-base on this one, tell the Board of Directors. They are in the phone book.
WHO PAYS? #2
The concept of indemnity is based on a contractual agreement made between two parties, in which one party agrees to pay for potential losses or damages caused by the other party.
Read Here: Indemnity_Agreement.pdf
“About Hideaway Lake Club”
Hideaway News 2014-15. Phone Book Page 7
Matthew 7:20 “Wherefore by their fruits ye shall know them…”
“Hideaway Lake Club, Inc. is governed by a 12 member Board of Directors that meets at least once a month on the third Monday at 6:30 p.m. in the Clubhouse. Directors must act in accordance with the community’s Deed Restrictions, Corporate Bylaws, and Rule and Regulations of the Club.” (Emphasis mine)
This above advertisement is a great idea, a promise “?” a call to action “?” just hype to sell memberships “?” no one knows “??”
In any event come to the next Board Meeting. Maybe someday ENFORCING DEED RESTRICTIONS will be on the agenda.
When, if ever, is Hide-A-Way Lake Club, Inc., (HAWL) going to enforce its common land Deed Restrictions?
In my view, HAWL MUST COMPLY with Deed Restrictions violations out-lined by the Texas 12th Court of Appeals. 12th Court.pdf
If HAWL is not going to enforce its own Restrictions then:
a) Tell each and every member-owner that the Deed Restrictions, that protect your property, will not be enforced against a select property or group.
b) Tell each and every applicant for membership that if you become a member of HAWL certain Deed Restrictions, that protect your property, will not be enforced against a select property or group. (At least be fair about that.)
c) If the HAWL Board does not have the intestinal fortitude to enforce its Deed Restrictions, the City of Hideaway has that power through a City Ordinance. (The City has Police Power.)
d) There are instances where a Court can declare that Deed Restrictions have been ABANDONED. Then it would be: Welcome to a 7-11 on a corner next to you. AND all because a Board of Directors did not do their elected job, “Protect your Property!”
OWNER AGAINST OWNER
In Texas, when a Homeowners Association “HOA” refuses to enforce its own Deed Restrictions, the only remedy left is to pit OWNER against OWNER in a Civil Court process to settle the issue. This inaction by a Board of Directors causes splits and acrimony in the community plus enormous Legal Expenses to the parties concerned.
Click on this link to view the 2008 Spillway Vote: The Vote.pdf
This will summarize, in my view, the 12th Texas Appeals Court Ruling, as it concerns HAWL and the Church.
(The Ruling is a public record: 12th Court.pdf )
1. The Wylie lawsuit did not meet Time Limitations. They said the 2008 lease was, in effect, an extension of the 2003 lease.
2. The Court ruled that the 1969 and 1995 Deed Restrictions apply to all the property, common and lots, in HAWL.
3. The Court listed several Deed Restrictions that should be enforced.
a) No commercial use. (The Church is a business)
b) At all times no offensive and annoying use. (Common Property Spillway)
c) Property use for the exclusive benefit and enjoyment of member property owners. (Church not a member)
d) Lot owners must be members of the club.
(The Church is not a member of HAWL.)
e) Wylie's (and other member owners) have authority to enforce these common restrictions. (1969 and 1995 Deed Restrictions.)
4. Now the question is WHEN is the HAWL BOD going to enforce its own Deed Restrictions?
a) Cancel the Spillway Lease? (HAWL cannot Lease Property to a nonmember (Deed Restrictions.)
b) All property owners must provide parking on their own property (1995 Deed Restrictions.)
c) Notify the Church, a business, they cannot operate within the bounds of HAWL- (Deed Restrictions)
d) Note again that the Wylie's, as other member owners, have authority to enforce Deed Restrictions.
5. In the near future, I will request a survey plat of the new Church Construction.
a) Set-Backs must be maintained.
b) Building permit was for a Residence.
6. Please take a drive from Lake Cross Road via Tanglewood Drive East to the North gate. You will, in my opinion, see that this road is completely destroyed by heavy hauling from the burned out Church removal and to New Construction.
HAWL's roads were not designed for these heavy loads.
7. The HAWL Board, in my view, is still supporting the corruption that is eating at the heart of HAWL.
[Corruption: “dishonest or fraudulent conduct by those in power”]
8. You will enforce the Governing Covenants, or not. In one instance our problems will go away, in the other instance they will get worse.
I trust the present HAWL Board will do the right thing and enforce its own Deed Restrictions, Rules and Regulations.
THE HAWL BOARD OF DIRECTORS
It is time for the HAWL Board of Directors to step up and follow the 12th Court Decision as published. Remember any and every member/lot owner, more especially the HAWL Board, can enforce the common Deed Restrictions!!
As far as HAWL is concerned the Spillway Lease can be cancelled at any time to comply with Deed Restrictions. No time limitations in the Lease cancellation clause.
Church Lease 2008.pdf Page 2, Item 2a.
Is HAWL going to enforce its Deed Restrictions? It never has, in this regard.
Deed Restrictions: DEED Restrictions 1995.pdf
THE 12TH COURT OF APPEALS OPINION
The Court’s decision, will show several RIGHTS for members of HAWL that are now established, in my view, as TEXAS LAW. Read it for yourself and decide.
Click on this link: 12th Court.pdf
1. The 1969 and 1995 Deed Restrictions apply to all of HAWL.
2. Several passages from Deed Restrictions are quoted, by the Court.
3. The Wylie’s have standing to enforce.
The remaining Wylie issues were denied due to time limitations. HOWEVER, there are other issues, in my view, that have transpired that are well within the time limitations of 4 years. We will address these issues in the NEAR FUTURE.
CHURCH BUILDING PERMIT
The Church Building Permit is REALLY FOR A BUSINESS.
Stated on the Building Permit: “I agree to conform to the Hide-A-Way Lake Club Deed Restrictions, Building Codes, and Rules and Regulations…..”
a. The Church is a business: 30 Tex. Admin. Code, Chapter 350.4(a) (13).
b. The Church IS NOT A MEMBER of HAWL.
c. The building permit states “DWELLING” (See link below.)
d. Common Deed Restrictions state “Single family dwelling…” (q.v.)
e. Money was paid to HAWL for a DWELLING Building Permit.
f. Money was accepted by HAWL for a DWELLING Building Permit.
g. So, it appears money was paid and accepted for value given and received where
both parties know or should have known the transaction, on its face, was false.
LEFT CLICK: Church Application
WYLIE STATEMENT TO THE HAWL BOARD
The attached statement was read to the HAWL Board of Directors and appeared in the Hideaway News. As usual, the Board DID NOTHING, except, in the following years allowed the Church more encroachments on HAWL property.
Click on this link: Wylie Statement.pdf
"Marcellus tells Horatio at the beginning of Hamlet
that you can almost smell the weakness permeating
Denmark, it’s Shakespeare’s way of telling us to pay
attention to what sticks out as abnormal and to ask
it may portend."
The American Spectator
"Hypocrisy is annoying but not evil.
Someone who says one thing and does another
has doubled their chances of being half right."
NOT ONE TIME
Not One Time since the Wylie’s filed a lawsuit against HAWL/Church on August 28, 2008 has the Defendants stated that they did not violate the Land Deed Restrictions and Covenants of Hide-A-Way Lake Club, Inc.
Not One Time! (Check the public record for yourself.)
12-12-00290-CV Filed 09/06/2012
wisest constitution nor the wisest
laws will secure the liberty and happiness of a
people whose manners are universally corrupt."
~ Samuel Adams
MAKE A DIFFERENCE JOIN
Click on this link for the HOA Reform Coalition
Make a Difference
We need every Texas homeowner to unite to get protection
from abusive HOAs. We must present a united front in this
2015 Legislative session.
BY THE WAY
"He that lieth down with dogs shall
rise up with fleas"
Benjamin Franklin's Poor Richard's Almanack
The following HAWL Board Members did not sign and/or refused to sign the entire Ethics Resolution passed by the HAWL Board.
Russ Sword, Chairperson of the Community Compliance Committee.
Jerry Godfrey, Vice President HAWL 2014-2015
Source: HAWL Board Minutes and Hideaway News Paper.
NOT THE FIRST TIME
On March 8, 2002, the Wylie’s and 11 other members of HAWL filed a Lawsuit in Smith County, Texas to prevent a Secular School (A Business) from being operated in Hide-A-Way Lake Club, Inc.
After a favorable Summary Judgment, A covenant running with the land was impressed on certain Deeds in HAWL to establish a remedy.
Not The First Time! (Check the records for yourself.)
Case: Cause #02-0739-C in the 241st District Court
Settlement: 2003-R0021932 AKA. Vol. 7093 Pg. 224 et seq.
TCEQ Report and NO ACTION.
(Print this link out and send it to your Texas elected representative.)
LEFT CLICK: HAWL-Church-TCEQ
TCEQ/Engineering Emails – HAWL Middle Lake Dam.
LEFT CLICK: TCEQ 2006
Church Septic System Application
LEFT CLICK: Permit for Septic in Spillway
TCEQ approved installation of a Septic Drip Field in an Emergency Dam SPILLWAY Drip Field – into a Lake – a Spillway is part of the lake system.
Does not take a leap of logic here.
Deed Restriction Violation?
LEFT CLICK: TCEQ Approval
Spillway use authorization letter by, Godoy, Byrd, Dillard, Meador & Godfrey.
(If the HAWL Board voted on this matter, I could not locate the meeting.)
LEFT CLICK: Church.pdf
Septic Spray Field Approved by HAWL’s Assistant General Manager.
(If the HAWL Board voted on this matter, I could not locate the meeting.)
Letter by Doug Byrd to HAWL
Doug is a HAWL Board of Director,
Doug is a Church Board of Director.
Doug is listed as Chairman, Building Committee;
Lakes [sic] Community Church.
(March 15, 2013 TCEQ Investigation Report)
LEFT CLICK: Church Septic.pdf
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