HISTORY OF THE COWARD CREEK HOMEOWNERS ASSOCIATION

as compiled by M.M (Mike) Montz and Van W. Williams

The developers, Al O’farrell and Sam Vestor, prepared the original Declaration of Covenants and Restrictions for the subdivision in the late 1970’s, including separate Restrictions for each of the 5 Sections in the sub-division (Sections 1A, 2, 3, 4, and 5). They were also the sole persons responsible for interpretation and enforcement of the Restrictions. These Restrictions were typical of developer-originated restrictions, with the main emphasis being preservation of the properties to allow an orderly method of sales of lots. Approximately 30 lots in Section 1 on Cowards Creek Drive, developed by Cecil Brown, Jr. in the early 1970’s are in Coward Creek Sub-Division, but it has several different Covenants and Restrictions and is not a part of the Coward Creek Subdivision Home Owners Association.

Al O’Farrell and Sam Vester also designated themselves, including their secretary Gwen Skeete, as the three member Architectural Control Committee for life, or until they passed the responsibilities on to other parties bearing the same responsibilities. This committee was separated from the Covenants and Restrictions and reported to no other individual or organization. In 1982, they turned over this responsibility to three residents of the sub-division, Mike Montz, Chairman, Bill Roeh and Jim Schooley. This Committee was responsible for monitoring new construction and remodeling, conformance to existing guidelines and restrictions, and for reviewing and approving all requests for construction.

In 1983, an unsuccessful attempt was made to form a Homeowners Association at a meeting in which only 10 residents were present, but efforts were made to pursue forming the Organization. In 1984, several residents prepared a draft of By Laws and also elected officers including Elizabeth Emery – President, Mary Bramblett – Vice President, Bob Block – Secretary, and Victor Graham – Treasurer. In 1985, Guy Crouch, a resident and attorney suggested the newly formed Association be incorporated which he agreed to assist in preparation the proper documents. There was no apparent interest from the residents of Section 1 on Coward Creek Drive to join in with the residents from the other Sections to form a Home Owners Association, so they were not included in in the newly formed Association at that time, nor were they included in any future activities.

In 1987, interest in furthering the Association became apparent and a meeting was again called resulting in an event being held at Linda Salinas’ home on Greenbriar 2 Avenue at which over 100 residents attended. A business meeting was called on September 18, 1987 when the newly elected officers and incorporation proceedings were enacted. Dues were collected which were a $20.00 annual voluntary contribution per home site. Membership in the organization was also voluntary.

The association began functioning as a typical homeowner’s organization is designed to do - having meetings, preserving and enhancing property values, enforcing restrictions, collecting dues, holding social gatherings, etc., but it became evident that problems were beginning to surface. As a result, the Executive Board proposed major revisions to the existing Covenants and Restrictions. Several revisions were considered, but the major ones included requiring mandatory membership of all residents, increasing the annual dues to $50.00, providing liability insurance for the association and its officers, employing the services of an attorney to oversee the revisions to the Restrictive Covenants, incorporating the Architectural Control Committee as a committee into the organization answering to the Executive Board, and combining all Covenants and Restrictions into one covering all Sections in the subdivision.

The officers of the association are neighbors and volunteers who are elected annually. The question of whether to employ a management firm to assist the officers in the operation of the association was discussed during one of the meetings and a consensus of the membership rejected the idea, both because of the expense and because of the reputation of some management companies to overreach in the enforcement of the restrictions. An advantage of using a management company is that it minimizes frictions between a restriction violator and the volunteer officers who would have to administer punitive measures required to correct the violation.

It was not without much controversy that obtaining agreement on the revisions by a majority of the property owners would be challenging, but after much diligence on the part of the Executive Board and several meetings with the membership over 2 years of time, a vote was held resulting in over 60% of the residents (one vote per building site) approving the changes to the Covenants and Restrictions. It became effective January 1, 2008. A lawsuit was filed against the Association and the President at that time by two residents of the sub-division challenging the legality of the action, but a Galveston County Judge eventually ruled in favor of the Association.

All documents and records of the Association are in the possession of the President and/or recorded with the Galveston County Records Department.

Revised March 20, 2017