This information was emailed to Owners we had an email address for. Other wise we asked the owners to visit this page.
(713) 667-7878
Timothy J. Henderson
Attorney at Law
TRENTON PLACE CIVIC CORPORATION
P.O. Box 445
Bellaire, Texas 77402-0445
Friday, September 20, 2024
Re: Proposed Amended and Restated Declaration of Restrictions, Covenants and Conditions of Trenton Place Townhouses (the “2024 Declaration”).
Dear Owners:
Attached is a copy of the proposed 2024 Declaration.
My name is Tim Henderson, and I am the current President of the Trenton Place Civic Corporation Board of Directors (the “Board of Directors”). The intent of this letter is to explain (i) the background concerning the reasons for the creation of the 2024 Declaration; (ii) how the 2024 Declaration was drafted; and (iii) why the Board of Directors urges you to support the adoption of the 2024 Declaration.
I have served Trenton Place as Vice-President/President in 1991-95, 2001-02 and currently from 2021-24. I also served as Treasurer in 2007-08. In my professional background, I have a good deal of experience dealing with contracts and real estate documents.
The document which primarily governs Trenton Place, the Owners and the Board of Directors, is entitled the “Amendment to Declaration of Restrictions, Covenants and Conditions of Trenton Place Townhouses” (the “Amendment to Declaration”).
The Amendment to Declaration was filed on June 28, 1977.
As a point of reference, word processing equipment was not widely accessible until a few years after the Amendment to Declaration, so lengthy contractual agreements were much more cumbersome to create and edit. This historical fact may explain why upon close review of the Amendment to Declaration, you may notice that many terms are not defined. Different terms are used interchangeably. Some sections are imprecisely worded. Some sections are so vague as to be almost useless. There are matters in the Amendment to Declaration that appear to relate to original owners/builders who were trying to market the townhomes. There are references to documents and obligations: documents I have never seen, and obligations I cannot recall ever addressing.
Furthermore, in the 47 years since the Amendment to Declaration was filed, these type of declarations cover more matters than they did in the past. For example – the use of technology, updated definitions, limitations regarding security and assessment fees, better explanations of Association operation operations and enforcement provisions. These sections are all new in the 2024 Declaration.
The Board of Directors worked through the spring and summer to prepare the 2024 Declaration for Trenton Place. Then the Association’s attorney reviewed the document to ensure that it met legal standards and covered those matters which should be addressed in a declaration for a townhome community in 2024.
The Board of Directors feel that it would be helpful for Owners to have an updated declaration that is easier to navigate and understand. With the 2024 Declaration, the Owners should be able to easily find answers as to who is responsible for issues that affect the Townhomes, the Common Areas, sidewalks, foundations, roofs, gutters, yards and all the other obligations involved in townhome ownership.
The Board of Directors believes that the 2024 Declaration is a significant improvement over the 1977 Amendment to Declaration in terms of coverage, clarity and utility. We believe that the 2024 Declaration will be of great assistance to Owners, as well as future boards of directors, when various issues arise. The 2024 Declaration should benefit the entire community. We hope you will make time to read the document and support its approval.
In mid-to-late October, you will receive a voting document to check and sign concerning the 2024 Declaration.
Thank you for your consideration in advance.
Sincerely,
By: Tim Henderson
President, Trenton Place Civic Corporation
cc: TPCC Board of Directors
[1] For your reference, you can review all of the legal documents which governs TPCC can be viewed at http://www.trentonplace.com/index.php/documents.
[2] The amendment to declaration replaced the 1972 “Restrictions, Covenants and Conditions of Trenton Place Townhouses” which was filed at the inception of the building of the 74 Townhouses. paragraph here.