Save Bear Creek Park
Donation protected
Dear Neighbors, Donors and Friends,
The Bear Creek Park Homeowners Association is attempting to ENFORCE OUR DEED RESTRICTIONS and MAINTAIN OUR RESIDENTIAL COMMUNITY! As we told you, we do not have a big expensive HOA with deep pockets, ours is voluntary with optional $5/year dues. Now we are asking for help from our friends and neighbors. Lawsuits are expensive and we need help. This is when it matters. We are standing on the principles that rules matter, that when you sign a document agreeing to live by those rules that you should mean it. Your support will help us maintain our neighborhood in the spirit in which it was founded by Mr. O.H. Poole. Our needs are immediate, we need your help now. All funds will be used for the lawsuit. Thank you for your time, we appreciate your support. Please read our story.
Bear Creek Park is a small residential neighborhood in Southwest Travis County Texas, just outside of Austin. It was established in 1971 when Mr. O.H. Poole subdivided his farm to become a small residential neighborhood in a rural setting with just one small road in/out of the community. He filed the deed restrictions specifically written to maintain the neighborhood as a residential community. It states clearly that no lot is to be used for commercial purposes. You can have horses, but you cannot set up a commercial business. In addition, Mr. Poole set up the homeowners association as voluntary and dues could not exceed $5/year. Bear Creek Park is a neighborhood filled with a variety of types of people from all walks of life. We watch out for each other. Through the years we have stood together successfully against outside forces trying to do harm to our little neighborhood. We even bought a small cemetery when it was subject to harm, Townsley Cemetery, on our entry road and maintain it.
A property was sold last Fall to a couple who intended to build a commercial preschool or daycare. The new owners ignored neighbors prior to construction as they were told about the deed restrictions. Most neighbors assumed it was a garage. Eventually the voluntary homeowners association got verbal confirmation from the new owners that it was planned to be a preschool, and would operate year round from 7a to 6p.
Now our quiet residential neighborhood is being compromised by the new owners of 1600 Black Bear Drive with the construction of their 'schoolhouse' that will be used as a daycare. This is in complete violation of the Bear Creek Park deed restrictions and an overwhelming majority of the neighborhood opposes it.
This potential business will significantly change the dynamics and character of our subdivision. It is critical to preserve our neighborhood, property values and the future enforcement of the Deed Restrictions to prevent others who may want to establish a commercial business.
To provide a quick background, a few months ago, at the end of April 2019, the Homeowners Association learned that the new owners intended to open and operate a daycare at the property. In early May 2019, the Homeowners Association sent the new owners a letter instructing them to cease and desist from construction activity and to refrain from operating any business from the property. They ignored the cease and desist letter and continued construction at 1600 Black Bear Drive.
Per the request of the new owners, a community wide meeting was held on May 22, 2019. The Homeowners Association, at its own expense, hired a facilitator to attend the meeting. At the meeting, the new owners declared that they had no intention of altering their plans for operating of the business.
In early June 2019, the Homeowners Association hired attorney Chloe Love to represent the interests of the community. Ms. Love sent a demand letter to the new owners on June 12, 2019, demanding that they immediately cease and desist from any efforts to market or operate a business at the property, giving them ten days to engage in a dialogue. The new owners did not provide any response to this demand.
Following the repeated requests from neighbors to cease the construction and not open the daycare at 1600 Black Bear Drive, the new property owners filed suit against the Association, in addition to multiple homeowners in their individual capacities!!
We will keep making updates in the Go Fund Me account as they happen.
The Bear Creek Park Homeowners Association is attempting to ENFORCE OUR DEED RESTRICTIONS and MAINTAIN OUR RESIDENTIAL COMMUNITY! As we told you, we do not have a big expensive HOA with deep pockets, ours is voluntary with optional $5/year dues. Now we are asking for help from our friends and neighbors. Lawsuits are expensive and we need help. This is when it matters. We are standing on the principles that rules matter, that when you sign a document agreeing to live by those rules that you should mean it. Your support will help us maintain our neighborhood in the spirit in which it was founded by Mr. O.H. Poole. Our needs are immediate, we need your help now. All funds will be used for the lawsuit. Thank you for your time, we appreciate your support. Please read our story.
Bear Creek Park is a small residential neighborhood in Southwest Travis County Texas, just outside of Austin. It was established in 1971 when Mr. O.H. Poole subdivided his farm to become a small residential neighborhood in a rural setting with just one small road in/out of the community. He filed the deed restrictions specifically written to maintain the neighborhood as a residential community. It states clearly that no lot is to be used for commercial purposes. You can have horses, but you cannot set up a commercial business. In addition, Mr. Poole set up the homeowners association as voluntary and dues could not exceed $5/year. Bear Creek Park is a neighborhood filled with a variety of types of people from all walks of life. We watch out for each other. Through the years we have stood together successfully against outside forces trying to do harm to our little neighborhood. We even bought a small cemetery when it was subject to harm, Townsley Cemetery, on our entry road and maintain it.
A property was sold last Fall to a couple who intended to build a commercial preschool or daycare. The new owners ignored neighbors prior to construction as they were told about the deed restrictions. Most neighbors assumed it was a garage. Eventually the voluntary homeowners association got verbal confirmation from the new owners that it was planned to be a preschool, and would operate year round from 7a to 6p.
Now our quiet residential neighborhood is being compromised by the new owners of 1600 Black Bear Drive with the construction of their 'schoolhouse' that will be used as a daycare. This is in complete violation of the Bear Creek Park deed restrictions and an overwhelming majority of the neighborhood opposes it.
This potential business will significantly change the dynamics and character of our subdivision. It is critical to preserve our neighborhood, property values and the future enforcement of the Deed Restrictions to prevent others who may want to establish a commercial business.
To provide a quick background, a few months ago, at the end of April 2019, the Homeowners Association learned that the new owners intended to open and operate a daycare at the property. In early May 2019, the Homeowners Association sent the new owners a letter instructing them to cease and desist from construction activity and to refrain from operating any business from the property. They ignored the cease and desist letter and continued construction at 1600 Black Bear Drive.
Per the request of the new owners, a community wide meeting was held on May 22, 2019. The Homeowners Association, at its own expense, hired a facilitator to attend the meeting. At the meeting, the new owners declared that they had no intention of altering their plans for operating of the business.
In early June 2019, the Homeowners Association hired attorney Chloe Love to represent the interests of the community. Ms. Love sent a demand letter to the new owners on June 12, 2019, demanding that they immediately cease and desist from any efforts to market or operate a business at the property, giving them ten days to engage in a dialogue. The new owners did not provide any response to this demand.
Following the repeated requests from neighbors to cease the construction and not open the daycare at 1600 Black Bear Drive, the new property owners filed suit against the Association, in addition to multiple homeowners in their individual capacities!!
We will keep making updates in the Go Fund Me account as they happen.
Organizer
Shelley Smith
Organizer
Manchaca, TX