Wednesday, December 11, 2024
A wave of concern has swept through the Lake Granbury Harbor community following a recent letter from the community’s homeowners' association demanding property owners de-brush and trim trees on their lots.
According to the HOA’s letter — which was sent out to residents at the end of last month — the community was deemed a fire hazard by the Hood County Fire Marshal. The letter states the HOA was given a warning in lieu of a $35,000 fine, along with an order for residents to thin out the brush on their properties within 90 days or face a $2,500 fine for noncompliance.
To meet the requirements, the LGHOA board of directors established a mandatory program to clear brush and thin out trees throughout the community. The letter states that all properties within the LGHOA must delimb all trees up to a 7-foot canopy, while trees larger than 8 inches in diameter can only be cut down if they are dead. Additionally, all smaller trees, vines and shrubs must be removed providing they are not newly planted.
“We understand this is an extra expense to our property owners,” the letter states. “To make things easier on our owners, we have established a place within the community to dump all brush and wood.”
Homeowners were also given the option to inquire about having their properties cleared at a reduced rate. The letter states that property owners who do not live in the community must enroll in the HOA’s new mowing program to "manage their properties' growth." Property owners can choose to hire external services for maintenance as well; however, if a lot is neglected, it will automatically be placed on the LGHOA mowing list.
Upon receiving the letter, many residents immediately took to social media with complaints and concerns they won’t be able to afford the cleanup. Some even expressed fears of potentially losing their properties over the issue.
“Not everybody has the money to clear their whole land,” property owner Sonia Forsythe told the Hood County News. “Not everybody wants to clear trees. Many of us want our trees and not everyone can afford to clear the land nor face a possible loss of property for noncompliance on a choice that no one voted on.”
To add to the confusion, the Hood County Fire Marshal's Office publicly disavowed the claims made by the HOA. In a statement posted on its Facebook page Sept. 25, officials clarified that they have not issued any orders requiring homeowners to clear brush or trim trees.
“Although clearing brush away from your home would help in making your homes more fire resistant, we do not have the authority to require homeowners to do it,” the post reads. “We have contacted the HOA and advised them of this.”
Hood County Fire Marshal Jeff Young also confirmed to the HCN that requiring homeowners to undertake specific actions on their own property is outside their jurisdiction.
“That is not in our scope,” he said. “We don't have the authority to go and tell people what they can do on their own property.”
Young explained that while no mandates have been issued to the Lake Granbury Harbor HOA, the Hood County Fire Marshal’s Office has distributed recommendations in the past on how to enhance community fire safety.
"We have made it available on Firewise programs that are sponsored by the Forest Service that have recommendations on how to become a Firewise community,” Young explained. “We can suggest it all day long and tell them what a great idea it is, but we have no way to make that a requirement, nor would we fine anybody for noncompliance."
Young said when he confronted Lake Granbury Harbor HOA President Kevin Fair about the situation, he was told by Fair that an individual in a red truck with a yellow stripe had visited the community and claimed he was a fire marshal.
“I said, ‘Well, OK, that in lies the problem,’” Young said. “I said, ‘I don’t have red trucks, and I am the fire marshal.’”
When Fair suggested it might be someone from a nearby department, Young pointed out that none of those departments have red trucks either.
"There's one department that has black over red, but it's two tones,” Young said. “And their stripe is not yellow; it's a muted gray, so none of the information that he gave me describing who this person was, who they represented, is nobody from around here.”
Young states he believes the entire encounter was a scam, adding that he has no way to disprove or confirm Fair’s story.
“To me, it just sounds like a twist on the truth,” he said.
Forsythe also said she doesn’t believe Fair’s account of what took place. She pointed out that comments made by Fair in February regarding the need for residents to clean up their properties made the recent demands from the alleged fire marshal seem less credible.
“That's the thing,” Forsythe said. “If he hadn't already been saying something like that in February, that he was going to have people clean up their yards and their trees, maybe it would sound a little more plausible, but the fact that he had already said that, that's what gave me pause. Like, I trust people as much as I trust people, until something just doesn't click, and that didn't click for me. The attempt at using the fire marshal's office in this way is injurious to our community.”
Since receiving the letter from the HOA, Forsythe said she hasn’t heard any updates on whether the mandatory cleanup is still in effect, but states that several residents are currently in the process of hiring lawyers to dissolve the HOA.
“We're kind of forced to comply,” she said. “I don't mind an HOA, but what I don't like is them being able to take your property. That's what I have a problem with.”
Young encourages residents who are still feeling apprehensive about the mandate to understand that no fines or fees will be imposed by the county or the fire marshal's office for tree limbs and brush on their properties.
“I've had several conversations and emails back and forth with several different residents there telling them that that is not something we do," he said.
He emphasizes that if anyone claiming to represent the fire marshal's office visits a resident's home and attempts to impose fines, they should not pay them. Instead, they should try to obtain the individual’s credentials and contact the fire marshal's office at 817-579-3335.
The HCN attempted to reach out to Fair for a comment, but did not receive a response before press time.
