What Is Meyerland’s Compliance Process? 

Objective

The objective of the Meyerland Community Improvement Association’s (MCIA) (the “Association”) compliance notices is to keep lots compliant with our Deed Restrictions, Policies, and rules, which are vital to maintaining the beauty and growing the property values of Meyerland.

How MCIA Monitors Compliance

• Regularly, each section of MCIA is driven by one of our Association’s staff members. If you see someone driving by and taking photos of your property, it is probably a member of our team.
• The photos are reviewed to determine whether any violations exist (e.g., mold, overflowing gutters, missing fence pickets, and work without approval). 

What Happens if a Violation is Identified?

1. The Association staff notifies the property owner of the violation(s) via USPS mail and email (if the property owner has provided an email address)..
2. Depending on the severity of the violation, the property owner is given three, seven or thirty days in which to cure the violation.
3. MCIA has a Violation Enforcement Policy that allows the Association to levy a fine for violations that are not cured within the noted timeframes in the policy. Several of these fines can accrue on a weekly or monthly basis.
4. If the property owner fails to contact the Association or cure the violation within the given time frame, a second notice will be sent, with similar times in which to cure: three, seven or thirty days. Fines will continue to accrue, per the policy.
5. If the property owner has still failed to contact the Association and/or has not cured the violation when the time given in the second notice expires, the Association staff will send the property owner a letter via certified mail notifying the property owner of his or her rights pursuant to Section 209 of the Texas Property Code. This is referred to as a “209 letter.”  At this time, the Association staff will also attempt to contact the property owner via telephone if a phone number is on record with the Association.
6. If the violation has not been cured when the notice given in the 209 letter has expired, the matter is presented to the Association’s Board of Directors during its monthly meeting in a closed session. The Board will discuss the matter and vote to either dismiss the violation or pursue legal action.
   • If approved for legal action, the matter will be forwarded to MCIA’s outside law firm for further action.
   • Once the matter has been turned over to MCIA’s outside attorneys, property owners must work directly with the law firm – the Association cannot respond to calls or emails from property owners or their attorneys regarding the matter.
   • All legal fees will be charged to the property owner’s account with the Association. Legal fees are often the largest receivables in MCIA’s financial statements.
7. If the property owner fails to contact the Association’s law firm and work through a remedy with its attorney, the issue may be escalated to a lawsuit with the Association suing the homeowner for a cure and attorneys’ fees.
8. At the conclusion of the lawsuit, if a judgment has been issued in the Association’s favor and the amount owed to the Association is substantial, the Association will attempt to work with the property owner to implement a payment plan.  If the property owner refuses to work with the Association on a payment plan or agrees upon a plan but defaults in making payments required by the plan, the Association may, by law, foreclose on the property.
9. There is a limit to the compliance process, per the Texas Practice and Remedies Code. With certain exceptions, the Association has only four years in which to initiate suit after a violation arises.

This detailed and often lengthy process can seem to take a very long time. We appreciate everyone’s patience as we follow the law and allow homeowners time to cure their violations.

Why Can’t MCIA Talk to Me About a Property?

Please understand that it is the Association’s policy not to discuss complaints and the current compliance status of any property with anyone other than the owner of the property subject to enforcement or his or her attorney. You would not like us to tell your neighbor about your situation, so we cannot share information about your neighbors with you.

Detailed information about a property will not be shared with residents. We are happy to let you know that it is on our radar and look into the situation further. However, these matters follow a consistent process and can take time. We are likely already on it, but we welcome your call or email informing us about the situation!