Statement Regarding Tavola HOA and MUD Maintenance Responsibilities

The Tavola Community Association (“HOA”) has maintained public spaces for the betterment of the community since the Tavola neighborhoods began being built over a decade ago. East Montgomery County Municipal Utility Districts Nos. 6 and 7 have enjoyed a cooperative relationship with the HOA for the maintenance of these public spaces, including on property owned by the Districts. Over the course of the last year, this relationship has come under strain and the Boards of Directors of the Districts would like to issue this statement regarding the issue.

For background, the Districts are governmental subdivisions of the State of Texas tasked with the provision of three core functions: drinking water, sanitary sewer, and surface water drainage. The HOA is a non-profit corporation empowered to act for the civic and social benefit of the residents of Tavola.

Because MUDS are governments, District ownership of common areas and parks makes the land tax exempt. This provides savings to the residents of Tavola by avoiding taxes which would otherwise be paid under HOA ownership. The Districts and the HOA previously agreed the HOA would maintain these properties, and the Districts would reimburse the HOA a portion of their expenses for the base level services necessary to maintain the land for drainage purposes. In short, the Districts only require and pay for monthly mowing of the land, which is the industry standard. All additional mowing and beautification has always been done at the discretion of the HOA. This allowed residents to enjoy well maintained parks and recreational facilities without the burden of property taxes.

Despite this long history, the HOA recently stopped maintaining District owned land and claimed their rules prevented them from working on property they did not own. The Districts responded in good faith by establishing a Joint Facilities Committee made up of resident representatives from each District to facilitate discussions with the HOA, and multiple meetings occurred with HOA representatives and this committee to try and resolve the HOA’s concerns. In the course of these discussions, since the HOA had stopped all work, the Districts began directly mowing property once a month along with some additional maintenance. The Districts also granted property rights to the HOA allowing them to maintain all District owned property. Regrettably, the HOA did not reciprocate in any material way and has chosen not to maintain Tavola public spaces on District owned property.

The Districts have made great efforts to resolve thismatter and help Tavola residents, most recently changing the date of their monthly mowing schedule to accommodate the July 4 holiday. However, right now the Districts have significant financial constraints and recreational maintenance is not included in their government budgets. In the future, it may be possible for the Districts to contribute to beautification or recreational projects, but the Districts must remain focused on the their core utility services while working to reduce taxes. The Districts can only continue monthly mowing of their land, and have informed the HOA repeatedly it may perform additional maintenance and mowing as it sees fit.

The Districts remain committed to finding a mutually acceptable arrangement with the HOA. District actions over the last year demonstrates this commitment. The Districts hope for a resumption of the cooperative relationship and will continue to work towards that goal.