​​WATERSIDE ESTATES HOME OWNERS ASSOCIATION 


February 19, 2018


​The Waterside Estates Home Owners Association (HOA) Board is pleased to announce an agreement has been reached with the MUD #118 Board for the acquisition of the land by the pool for a splash pad for $8,500.00.

Due to the nature of the legal negotiation, the Board has been unable to openly communicate the process until NOW. The following is the series of events that have taken place between the HOA Board and the MUD Board.

OCTOBER 2017 - New Members are elected and installed on the Board.

NOVEMBER 2017 – At the MUD meeting, mention was made that a letter should go out to the HOA Board regarding the acquisition of the property for the “Splash Pad”. There was a Bond election held a year and a half earlier where plans were made to build a Splash Pad on HOA property that the MUD didn’t own. We never received a formal request to obtain this property. The subject of MUD acquiring HOA land was never previously discussed in an HOA board meeting.


DECEMBER 2017 – No request had been received for the property by the time both HOA and MUD Boards held their monthly meetings.

On December 19th, a certified letter was received at Crest Management informing the HOA that condemnation proceedings were being pursued against the HOA for the property that the MUD wanted for the Splash Pad. The letter gave the HOA 30 days and offered $4,317 for the property. The HOA Board was never approached by the MUD Board to discuss or negotiate acquiring the land.

Due to the approaching holidays and the unavailability of the HOA legal counsel, the HOA board asked for an extension of 60 days to consider the legal matter. The MUD Board had taken the time to review and evaluate the appraisal, but the same courtesy was not given to the HOA Board.

JANUARY 2018 – The HOA board members met with the subdivision lawyer and discussed the legal action that the MUD was pursuing. The MUD Board denied the request for a 60 extension and instead was given a 14 days’ notice until legal action to acquire the land through eminent domain would begin. This gave the HOA Board 45 days total for all due diligence and negotiations.

FEBRUARY 2018 - After the subdivision lawyer reviewed the case, he informed us that this legal proceeding was highly specialized (beyond his scope of legal practice) and the Board should acquire an eminent domain lawyer.


A special executive board session was then called on February 5, 2018. At this meeting a course of action was discussed. The HOA board had several questions that needed to be answered. To this end, the Board voted to authorize a budget of no more than $500.00 to talk to an eminent domain attorney, and a time frame of 2 days to accomplish this task, as well as a sale price of $8500 for the properties. An eminent domain attorney was consulted, and they answered all of our questions without charging the HOA any money.

February 7, 2018 The HOA President initiated contact with the MUD President to discuss a compromise. The HOA Board offered the land for $8500 and a tentative agreement was reached by both parties. Confirmation votes by both boards was the next step. During the negotiation, it was revealed that the MUD attorney filed suit against the HOA that afternoon, even though the time had not expired.

The HOA could not comment publicly during the legal proceedings. Given that gossip and speculation has occurred on social media, we wanted to convey the truth directly:

  • The HOA Board NEVER voted against the Splash Pad.
  • The HOA Board spent $0 on Eminent Domain lawyers.
  • The HOA Board voted to allocate ONLY up to $500 and 2 days for consultation of eminent Domain lawyer during the Executive Session held on February 5th, 2018. ONCE AGAIN, THE HOA WAS NOT CHARGED BY THE EMINENT DOMAIN LAWYER.
  • Due to holidays and vacations, the first time the HOA Board could meet with their attorney to review the offer was January 8th, 2018. A letter was sent after that meeting to the MUD Board asking for more time to review the offer and perform the proper due diligence.
  • The MUD Board denied all requests and requested that the HOA Board take the offer or the MUD board would start eminent domain proceedings against the HOA within 14 days.
  • During the February 5th 2018 Executive Session the HOA Board voted to offer MUD #118 the land for the splash pad for a price of $8500.
  • The HOA took the lead in this action and contacted the MUD. A meeting was held and an agreed offer was made on February 7th, 2018.
  • The MUD #118 lawyers filed suit against Waterside Estates Homeowners Association prior to the deadline (incurring legal fees for the MUD), case #18-CCV-061528 in Fort Bend County. Which at the time of publishing this notice was not rescinded and still an active law suit against the Waterside Estates Community Association, Inc.
  • The HOA board has not filed any action against the MUD or anyone else. 

 
The HOA board is working for all our residences. Thank You!!

All official HOA Board updates are on www.watersideestates.com, all other information found on message boards and social media may not be credible and are not authorized by the Waterside Estates Home Owner Association. 



​​​Best Trash is the trash pickup provider for Waterside Estates
Best Trash picks up trash in the community on Monday (recycling & trash) and Thursday (trash).


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2016 Final Audit report

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Fort Bend MUD 118 Town Hall Presentation for 2017

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