Restricted community lets by-laws slip, board members fight for change
By Lori Melliner Bullard Banner News

Some of the residents of Lakeway Harbor feel like they are fighting a losing battle.

But they are shoring up their strength and using their resources to win the war.

About a month ago, tired of the run-down conditions plaguing their neighborhood, which sits on Lake Palestine in Dogwood City, Bob Starnes and Gene Moody got together with a plan.

"We scheduled a clean-up day," Moody said. "We helped elderly residents who needed it."

Both men said participation was minimal - there wasn't even enough to fill the dumpster - even though driving through the neighborhood there's no shortage of trash.

Now they are taking more drastic measures to make their community what it was when it was developed in the early 1980s.

"Now it's time to enforce deed restrictions," Moody said.

Lakeway Harbor has about 1,000 lots - many with absentee owners, Starnes said. The location is prime, with many lakefront properties, and the valuation of the property is high, but lack of enforcement over the years has caused the area to deteriorate.

Lakeway Harbor recently had a contest to encourage the property owners to clean up around their property. Tony Pierce won the $250 prize for most improvement. -- Courtesy photo

It's a restricted community - complete with rules, regulations and dues - but over the years passivity is responsible - both Starnes and Moody believe - for current conditions.

There are people who've not paid their dues in years, according to the two.

Moody and his wife are going through a laborious process of research at the Smith County Courthouse, finding owners and tracing lots, and since they've not been able to instill a sense of pride, they're going after their wallets instead.

Dues are minimal -- $60 for one lot, $30 for additional ones with the same owner - but many owners just don't pay.

"We have $175,000 past due on road fees alone," Starnes said. Road fees are levied when someone moves in at $200 for the first lot and $100 for one owner purchasing subsequent lots.

These are much like impact fees most cities and counties assess to recover damage or keep infrastructure up.

Starnes said it's not completely the residents' fault, so they are trying to raise awareness.

"Many of the people who own property out here don't even know there are deed restrictions and by-laws," he said.

Additions were recently passed to the by-laws, and now the two - hopefully with the help of the other board members - will begin cracking down.

Among the changes, are provisions against loose animals and more enforcement power to collect back fees.

"We just want it to be the beautiful place it once was and still could be," Moody said. "And if we have to make some people angry in the process, we're willing to do that, too."