Saturday, October 20, 2007

Letter from Don Norrell to Board of Directors, including reference to MORE legal Counsel, and Press Release.

To: Association Board Members



As all of you are aware, a complaint has been was lodged again the Community Associations of the Woodlands regarding the placement of signs in the boulevard. This complaint was filed with the District Attorney and the County Attorney and alleges that the practices in regard to the placement of signs in street right of ways, as adopted under The Woodlands Residential Development Standards, may be in violation of state law.



In order to try and resolve this issue in an expedient manner, I believe that it is essential that we suspend the processing of accepting applications from residents or organizations interested in securing conditional approval for placement of signs in the right of way. I am not suggesting that we change the rules at this time / a change in the rules will require action of the DSC and DRC. What I am recommending is that we suspend all applications for the placement of signs in the road right of way until we can discuss and resolve this matter with the County Attorney and County representatives. If changes in our process are necessary, I plan to propose appropriate process changes once we have concluded discussion with the County regarding this matter.



The County has been our partner in the maintenance of The Woodlands community and we need to do everything possible to continue this very positive relationship. We also need to assure that all of our actions are in compliance with state law.



I will communicate to the County Attorney and the District Attorney that we are voluntarily suspending our current application policies and procedures. Over the next few weeks, we will work with our legal counsel (Randy Bays) to discuss these issues with County officials and hopefully develop an acceptable plan to allow us to move forward with an acceptable defined process.



In regard to the removal of signs from the boulevard, Montgomery County has named the WCSC as a volunteer entity that is allowed to remove bandit signs from the boulevard. Over the next couple of weeks, we will be working with the County to get this approval in writing and to also train our employees and volunteers. This training is required by the County. Until we complete the required training which will take up to a couple of weeks, I am instructing our staff not to pick up bandit signs that may be placed in the road right of way. We want to assure that we comply with all county standards prior to initiation of this enforcement process.



Please call me if you have any questions.



Don







Release for 10/17/07

The Community Associations of the Woodlands have voluntarily suspended processing of applications from residents and organizations interested in placing signs in the road right of way. Previously, committees of the Community Associations reviewed sign applications filed by residents and organizations requesting that they be allowed to place conforming signs in the public right of way. If these signs were allowed by covenant standards, the applicant received conditional approval for the sign subject to their ability to secure approval from the appropriate governmental agency before placement of the signs.



Historically, two committees representing the Community Associations have administered the covenant standards for the placement of signs on property in The Woodlands. These committees have reviewed all applications to assure that signs placed on private property and in road right of ways conform to the requirements of The Woodlands Residential Development Standards. These committees have always recognized that their authority is limited to the approval of the size and type of sign allowed by covenant standards and have directed applicants to seek the authority of the appropriate governmental agency prior to placing signs in the road right of way.



Recently, a resident filed a complaint with the District Attorney and the County Attorney regarding this matter alleging that the Community Associations have violated the law with the covenant sign approval process. In order to resolve this issue as quickly as possible, the Community Associations are voluntarily suspending the processing of applications relating to the conditional approval of signs in the road right of way (conditioned on County approval) and will work with County officials to resolve this matter. The Community Associations of The Woodlands are committed to a process that meets the requirements of state law.

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