Howdy friends and neighbors.  November is upon us as are the holidays!  May it be a blessed time for each of you and your families. 

For those who are not aware, the association stayed all covenant enforcement and collections after Hurricane Harvey (refer to August The Chatter article).  However, we feel that things are (thankfully) getting back to a point where we need to get back to business as usual.   As such, the Cypress Forest CAI (“Association”), will begin reviewing the community and delinquent balances beginning December 1, 2017.   As is always the case, if you receive a delinquency letter or a violation notice and don’t agree to the contents or believe they were sent in error, please reach out one of the board members or our management company (PMG Houston).  The board realizes none of us is perfect and we always strive to keep harmony in our community by trying to stay reasonable.  We would be happy to discuss any notice you might receive in the hopes of working together to find a suitable remedy for you, our neighbors.  If you have a special situation related to the flood (debris, construction, parking issues, etc), please reach out to the board or management company immediately to make us aware of this matter.  We can provide waivers in many situations and would be apt to approve reasonable requests related to flood remediation. 

The board recently reviewed the budget for 2018 and the related assessment.  The board has recently hired a new landscape and maintenance company (thanks go to Kevin Warren who worked tirelessly to make this happen), and while their maintenance costs are competitive, they have also been contracted to update our entire irrigation systems and the landscaping at many of our common maintenance areas.   The board feels this will be advantageous to keeping home values on the incline and satisfying the desires of our community.  However, with this increase in operations comes a burden on the budget.   Not only will the landscaping be increasing, but most other categories in the operations section of our budget are increasing rapidly due to normal inflation.  As such, the board elected to increase assessments to $250 per year for all lots for 2018.  You should each receive an invoice in the mail no later than November 15^th.  If you have not received it by that time, please contact a board member or our management company (PMG Houston).   Note that this assessment is due January 10, 2018.  Any receipt beyond that date will be subject to penalty and interest (regardless of postmark date).  The association does accept credit card payments (with a small processing fee) and we also put a payment plan into effect several years ago.  If you are experiencing extenuating circumstances and cannot pay your assessment timely, please consider these options.  The board is limited by regulations and laws in how much we can “write off” and the flexibility we are allotted in waiving penalty and interest fees.   As a benchmark, the assessments for Cypress Forest CAI were $360/year at the inception of the association.  The assessment was reduced to $175 in 1999 and this would only be the third time that the board has approved an increase in the 18 years since.  Each of the board members is a resident of Cypress Forest and wants the best for our community.  We all work very hard to keep our assessments lower relative to any other community and fair for each of you. 

“As such, the board elected to increase assessments to $250 per year for all lots for 2018.  You should each receive an invoice in the mail no later than November 15^th. “

We’ve had a recent slate of petty car break-ins these past few weeks.  Most of the crimes involved thieves opening unlocked car doors and taking anything and everything from the passenger of neighbors’ vehicles.   Please be wary of strange activity and report anything suspicious.  See something, say something!  The best number to call to report a non-emergency crime or suspicious activity is 281-376-3472.  This rings directly to the dispatch center for Harris County Precinct 4 Constables and they are contracted in our area and will respond quickly.   To prevent such loss from occurring, please keep your vehicle locked when it is not occupied.  Consider deterrents such as security lights, alarms and surveillance cameras.   Know your neighbors and keep in touch so as to make sure their property is protected when they are out of town or working odd hours.  These are some things a burglar would not tell you, but that you need to consider in protecting your property (in the words of the crook):

• Of course, I look familiar. I was at your house last week delivering a package, mowing your lawn, painting your shutters or trying to sell you a product.  By the way, thanks for allowing me to use your restroom.  While I was in there, I unlatched the back window to make my return a little easier.  (be wary of who you allow into your house and always keep a close eye on them when they are inside)
• Nice boxes left out for the trash.  Those tell me you just bought a new 55” HDTV, a rifle, and a new Dell laptop.  (break down your boxes and try to stuff in your trash cans when possible)
• Yes, a nice of stack of newspapers from the past week. Oh, and your mail is hanging out of the mailbox; accumulated for quite some time.  You must be on a ski vacation.  I’ll just help myself to some of your “excess items” while you’re away.  (try to stop your mail when leaving town while having a neighbor watch your property and collect any newspapers from the lawn)
• Us crooks look for signs of weakness. Putting your groceries in the back of your car and leaving your purse in the open is our sign.  Fumbling with your umbrella and forgetting to lock your car door, another invitation.  In a hurry to get into the store or to your favorite sports event?  We might be watching.  We don’t take “bad weather” days and take advantage of the disadvantaged. 
• I know where you hide valuables. Sock drawers and medicine cabinets are our immediate “go to”.  (consider a good safe that can be bolted down for valuables or an unusual hiding spot – often a kid’s bedroom as it’s been proven home burglars rarely hit those rooms)
• We don’t like anything that makes our job hard. Alarms, cameras, lights, or even a bit of noise from a television or radio makes us consider another “hit”.  (use deterrents such as those listed and always consider leaving a television or radio on in the house when you leave)
• We also don’t like dogs…..any dogs. They hurt when they bite and even if they are skittish, they might get out when we break-in which means the neighbors might get suspicious.  (consider a dog for security)
• Sometimes, I dress up in a tie and carry a clipboard. I do my best to never look like a thief and am always polite when coming to your door.  (be cautious of door-to-door salesmen)
• We count on people in the neighborhood not alerting the police unless we cause a significant scene. We know there are often suspicious people in the neighborhood and people are too tired or too forgiving to alert the authorities.  (always call the police if you see something suspicious; allow the law enforcement to decide it the threat is a real one or perceived)
• An alarm is worthless to you and valuable to me if it is not set. I can see through most windows to determine if the car alarm is active or if you’ve forgotten to set your home alarm.  (never leave any alarm turned off if you are not occupying the vehicle or home)
• In this day of technology, I LOVE to use that stolen laptop I got last week to look on social media and see if I find someone out of town on vacation or a work trip. (try to keep your social media “private” and be careful when “blasting” news out of any trip you might be taking)
• It’s strange how many people leave their blinds and curtains open for me to see all of the contents of their home. This is especially nice during the Christmas season when I can peak through a window and see if the presents that I’m about to steal are wrapped and present yet.  (try to keep valuables out of site and blinds closed when not appropriate)
• Garages are so easy for me. I don’t have to break anything or even sneak around much.  I usually just walk in under the guise of asking about your gutters or unique vehicle.  When I find you’re not in the garage, I grab a few high-dollar tools and book it.  Most of the time, the homeowner never even knows I was there.  (secure your garage when you’re not working directly in or near this area)

These are just a few tips to help prevent the hard-working people in our community from becoming a victim to crime.  There are hundreds of others out there and I encourage each of you to take ten minutes to think about a proactive approach to preventing crime during the upcoming holiday season and beyond. 

Remember that Cypress Forest CAI hosts a Christmas decoration and lighting competition each year.  Bragging rights and $100 in gift cards is on the line and so I hope everyone will get those lights up.  We are going to be judging on Saturday, December 16^th (assuming weather cooperates). 

 As always, we hope you will contact a board member or our management company (PMG Houston) if there are questions, concerns or if we can be of help to you and your family.   We wish you a joyous holiday season and a great Turkey Day! 

Warmest Wishes,

Scott Hubert

 Neighbor and President

Happy Autumn to our friends and neighbors.  I hope this October edition finds everyone happy and healthy.  I also hope those of you who endured the wrath of Harvey are well on your way to rebuilding.  It is hopeful that we can all close out 2017 on a positive note.

Regarding that dreadful storm.  As promised, the association did put in a very heartfelt and lengthy application to our management company for grant money.  They have a foundation which provides disaster relief and we were hopeful they would be of some assistance to those who suffered losses.  Unfortunately, we learned after our submission that the foundation would require everyone to submit a copy of their ID.  The board did not feel comfortable with this unreasonable request and terminated our application at that point.  We are sorry to inform everyone that the grant will not be provided for our community. 

The association did secure a permanent discount for Sherwin Williams Paint for those who might need it in rebuilding.  This discount is approximately 35% off for all paints and stains and negates the need to wait for one of SW’s famous sales.  This discount is unlimited, open to all and should last well into 2018.  To take advantage of this discount, just go to your nearest Sherwin Williams paint store and tell them you are buying paint under the “Cypress Forest CAI” account.  The phone number associated with this account is 832-663-0133.  That’s all you need to secure this discount.  We have also acquired a handful of 10% off coupons for both Home Depot and Lowe’s.   They are first-come, first-served and should help save a few hundred off a large purchase.  One would hope that these coupons be reserved for those neighbors who flooded as was the intent when handed over by the respective corporations.   We are working with other vendors and suppliers in the hopes of finding other discounts on items that our neighborhood might require in the process of rebuilding.  If you are employed or own a business that might could help us in the rebuilding process, please reach out to me or another board member and let’s start a discussion.  

For those who have not heard, the damages to Lemm Elementary were extensive.  After a loss review and lengthy discussion, Klein ISD has decided to delay the opening of the campus until the next school year (August 2018).  This means our children who normally would attend Lemm are currently being bussed to the Klein Cain High School.  Not only do we have many new “pop up” bus stops in our neighborhood, but we have some children who are not accustomed to riding the school bus.  They might be a bit more careless than our tenured intermediate school children so I’ll again plead that everyone keep a wary eye out when driving in the community.  This is especially important during the hours of 7am to 8am (school starts at 8:15am) and 3:45pm and 4:45pm (school lets out at 3:15pm).  Until daylight savings time ends next month, the morning hours are particularly dark and it’s hard to see some of these kiddos.  Please be careful and extra cautious. 

“Speaking of daylight savings time:  it’s ending at 2am on November 5^th.  Be sure to roll your clocks back an hour and enjoy that extra hour of sleep. “

Speaking of daylight savings time:  it’s ending at 2am on November 5^th.  Be sure to roll your clocks back an hour and enjoy that extra hour of sleep. 

On November 7, 2017, Texas will have voting.  This year’s ballot, much lighter than last year, contains seven state propositions as well as two Klein ISD trustee positions (one unchallenged) included.  Please get out and vote!  

And speaking of Klein ISD:  the property tax rate was set this month and it was determined that the rate would remain consistent and static with the prior year.  Thankfully no increase there or with WCID #110.  Harris County and a few other entities increase slightly but the damage should be minimal for 2017.   Remember that property taxes must be paid by January 31, 2017 in order to avoid penalty and interest.  While on the topic of property taxes, many are asking about any affect flooding might have on these taxes.  Unfortunately, the values assessed are related to the particular property condition at January 1^st.  As such, the valuation for 2017 won’t change based on flooding.  However, those who had significant damage and a direct reduction of property value due to Harvey can notify the county (county appraiser or “HCAD”) of this damage so that this can be reflected in the January 1, 2018 valuation.   Harris County Appraisal District has created a portal to report specific damage efficiently.  More info on this portal can be found here:  http://hcad.org/assets/uploads/pdf/17-15-Damage-Report-App-Feature.pdf

Anyone up for a pumpkin patch?  Having young children myself, I have some recommendations from our own weekend excursions.  The one we all probably know about and love dearly is the located on the property of the Old Christmas Tree Farm located at 7632 Spring Cypress Road.  It’s $5 for each person to get in and there are few things to do to keep the kids entertained.  Each item requires a ticket or two and each ticket is about a dollar.  It’s a great place for pictures and a quick getaway to pick a pumpkin.  My family discovered a new location for a pumpkin patch this year in the   P-6 Farms Pumpkin Fest.  This farm-turned-pumpkin festival is a bit of a drive being in Montgomery, Texas, but well worth it.  The address is 9963 Poole’s Road, Montgomery, Texas 77356.  This farm is unique as it’s got much more to do for all ages and your entry ticket of $12.95 (buy online in advance and get the discount).  This ticket price includes many games, rides and fun things for the entire family.  Both are worth checking out.  If you know of any other great pumpkin patches, I hope you’ll shoot me an email at scotthubert@hotmail.com so that I can edit this newsletter and include those properties here. 

The board and I would like to wish everyone a safe and enjoyable month of October and extend hopes of a great Halloween holiday to all.   If there is anything we can assist with, please feel free to reach out to one of us.  Oh, and Go ‘Stros!  Until next month….

Warmest wishes to all,

Scott D. Hubert

Neighbor and President

Wow!  What a devastating month Cypress Forest and surrounding areas have experienced.  The loss from Hurricane Harvey is heartbreaking for all of us.   This storm wreaked havoc on our homes, schools, businesses and lives, but our resolve is strong and we will be better for this.   I am so proud to be a part of this community right now.  Our neighbors came together in amazing ways to help each other.  Bless the first responders, bless those strangers who came from all corners of the earth as private citizens to evacuate us, bless the many citizens who have opened their homes, hearts, wallets and tool chests to help complete strangers and bless Spring, Texas.  It will take us months and years to heal from this tragedy, but know that we have each other’s backs and it’ll take more than a storm to ruin the wonderful quality of life in our neighborhoods.  My heart, and those of the board, are with each of you who endured a loss.  Please reach out to one of us if you still need assistance – from debris removal to mucking to just someone to chat with.  Houston Strong; Spring Stronger! 

The association is working on a grant through our management company for those who endured a loss.  We can’t promise anything definitively as there is so much loss in our area and many will be applying, but we’re going to give it our all.  In the meantime, we have made a sizeable donation of money and supplies to the relief effort in our community.   If there is something specific you need that has not been provided, please call one of your board members as you have our assurance that we’ll do our darnedest to get you what you need.  We are working with our management company and attorneys to determine if there are specific things we can do as an association to help our neighbors who have been directly affected.  For all neighbors, we have stayed our deed restriction violation reporting and collections for three months.  That means no collection or covenants will be enforced until December 1, 2017.   In addition, we are waiving the ACC approval process for minor improvements related to flood remediation.  We encourage our neighbors who flooded to use diligence in getting their house back in order.  We do not want an application process to slow down things; though we do ask that you adhere to covenants and restrictions when remediating.  If you have questions about what those might be, please reach out to me at 832-663-0133.  I’d be glad to answer your questions and help in any way that I can. 

As many of us will be forced to enter into contracts with local contractors, I want to remind you all of some good tips when contracting work on your home:

• Try to hire local contractors with a solid reputation in the Houston area. There will  be a  lot of “foreigners” coming into our area from other cities in the US to seek work.  It is likely that the majority of those individuals and companies are qualified in their work.  However, when the work is done and you require warranty service, it will be impossible to seek such remedy.  Also, if one of these out-of-towners defaults on a contract, it can be much more difficult to collect.  Houston is a large enough city with an abundance of qualified contractors.  If you don’t find the perfect fit at your first go-around, don’t be discouraged and keep trying.  Yet, always try to hire locally!
• Get multiple quotes. While tedious, it’s much easier to sleep at night for the next many years knowing you received a fair price.  Besides, multiple quotes means multiple professionals with different approaches and perspectives and this may benefit you in giving you a specific influence on how you proceed with the work.
• Check references for everyone you consider contracting with. Start at social media and then seek at least 3-4 people to which the individual or company has worked with in the past.  Try not to rely only on references to which the potential contractor “forces” you to look to.  Try to independently seek out unbiased sources for a solid reference.  Find out if the other party was happy with the price, the quality of work, the follow-up (warranty, etc.), the communication, the timeliness/efficiency, the safety and the cleanliness of the work; among other questions you might have.  If time and distance do not preclude such a decision, see if you can arrange to go look at the finished product (especially for large contracts where many scopes of work are covered). 
• Find out how much work will be self-performed versus subcontracted out. If a contractor is having to subcontract a large portion of the work to individuals or companies that are not affiliated directly with his/her company, find out why that is.  Is the explanation reasonable?  Could you just subcontract out these scope items directly and skip the upcharge with little hassle?   If you still decide to use a contractor who utilizes subcontracted work, make sure that the contract you sign makes the contractor solely responsible for the subcontractors and their work and indemnifies you if the subcontractor is negligent in their work. 
• Check licenses! Texas is unique in rules and statutes for contractors and as such, general contractors need no license in order to operate.  However, most of the “trades” require specific state-issued licenses only provided after a person passes a strenuous competency and background check.  These trades include alarm companies, electricians, plumbers, and HVAC professionals (“mechanical” contractors).  You can check most licenses on the Texas Department of Licensing and Regulation webpage found at https://www.license.state.tx.us/  Plumbers are licensed by their own regulatory authority and you can refer to the Texas State Board of Plumbing Examiners to verify a plumbing license.  That website is http://tsbpe.texas.gov/
• Once you have narrowed your search down to one or two contractors, do a thorough background search. It’s not uncommon to ask for ownership information if you are contracting with a structured entity (corporation, LLC or partnership).  If you are working directly with an individual, don’t feel uncomfortable asking for a copy of this person’s Texas identification card.   You need to know who will be working around your family and on your most important investment.  Once you have this ownership information, go run checks for criminal history, right to conduct business in Texas (Secretary of State and Texas Comptroller franchise tax status websites), lien history and civil action against this company or individual.  Any heavy lien claim or civil lawsuits should be given great weight as they are a sign of a troubled contractor.  It can be uncomfortable to discuss any adverse items noted in this search with the potential contractor, but it is better to know who you are contracting with PRIOR to signing a large contract rather than later.   Also give weight to the length of time the contractor has been registered with the Secretary of State under the same name.  It’s a good idea to write stricter contract language for new contractors or those who have operated under separate names in the recent past. 
• Execute a solid contract that favors you; not the contractor. This is really the most important part of all of these steps and one step that so many homeowners fail miserably in following through with.  You can fail miserably at the background checks and data collection noted above.  Yet, with a solid contract that protects you, if you find out after the job has started that you hired the wrong person or company, that contract can act as a shield to keep you financially solvent and indemnified throughout the ordeal.  A properly-written contract can also provide you rights to terminate the contract without penalty or pursue the contractor for shoddy or improper work.  There are so many provisions that should be in a complete contract that it’s hard to touch on them all in this newsletter.  It should be noted that the level of risk increases consistently with the increase in scope and therefore the increase in contract price.  You likely would not require a 40-page contract if you are simply having a fixture changed out.  Yet, many of us are finding that we are facing upwards of $80,000 in repairs and remediation.  I reviewed a flood remediation contract last week for $129,000 in repairs.  When that kind of money is on the line, an amount equal to approximately 25%-50% of the value of our home, you want a strong, staunch (i.e. LENGTHY) written contract in place to help protect you.  The basic contract should include items such as indemnity, insurance coverage, payment terms, total explicit contract price, type of contract (lump sum is most common, but cost plus is sometimes appropriate in residential construction), change orders and change process, default and termination rights (for both parties), warranty terms, taxes (there is no sales tax on most residential work and contractor should be responsible for all other taxes), release of claims and liens, dispute resolution, permit responsibility, length of work, safety, cleanup, liquidated damages (none should accrue to homeowner, but good idea to place reasonable LDs in contract for contractor), and finally, total itemized scope of work which will also include which party is providing material for each level of itemization.  This last part is very important as without an itemized written document stating the performance of work to be performed, the courts are apt to award any dispute to the contractor.  If it helps anyone, I have a good draft of a residential contract for a large contract ($50,000 or greater) and would be happy to share it for ideas on the items you might wish to consider in preparing or reviewing a contract for home repairs.  I am not an attorney and am not providing legal advice or any reliance in providing this information or a sample contract.  I am, however, a neighbor who cares and part of a conscientious homeowners’ board that represents YOU and would never want our neighbors being “burned” by an unscrupulous contractor. 
• Confirm payment terms are reasonable. Don’t overpay.  You want to stay in “front” of your contractor as much as possible until the job is completed to your satisfaction.  Contractors use all kinds of excuses and rationale to try and advance payment to “front-load” their jobs.  By paying more than the percentage of work performed, you give up your largest leveraging tool.  It is reasonable for a contractor to ask for funds up-front.  This amount should be equal to 10%-25% of total contract price; dependent on scope and the amount of material to be procured on your behalf.  For labor-only contracts, the down payment should be much lower.  I usually only let 5% up front for labor-only contracts and couple that with more frequent payments as work progresses.  Don’t cave into large overpayments that the contractor may either run off with or that you might want back later when the contractor underperforms.   Texas is also a “retention” state, which means you can request that 10% be withheld at the conclusion of the contract to ensure all work was performed properly.  Residential retention usually is funded within 30 days of substantial completion of the contract.  At the end of the day, make sure you go to bed with more in your pocketbook than the contractor has put into your home.  
• Secure a current Certificate of Insurance (“COI”) detailing the contractors insurance policies in place. Most underwriters and brokers for underwriters use the ACORD format for COI’s.  This summarizes coverage, which should include workers’ compensation, general liability, builders’ risk, and automobile (at a minimum).  Confirm that there is an endorsement that covers all subcontractor’s work (if subs will be involved).   If not, then you need to get separate COI’s from all subs.  Consider calling the broker and/or underwriter on large projects to confirm coverage and ask questions.  The name and number should be listed on the ACORD form.  This also eliminates the possibility that the contractor would provide a fraudulent or fake certificate.  Make sure that you always have current COI ahead of any work.  If your work is to extend for several month and one of the policies listed on the COI expires at the end of this month, do not let the contractor into your home until he/she has provided a new, current COI.  You are exposing yourself and your financial stability by doing otherwise.  Avoid the common mistake of waiting until there is a loss (property damage, an injury in your home or damage to material) to ask for the COI…..you’ll likely never receive it or find that no coverage was in place in the first place.  Finally, most of us are not insurance professionals versed in the business of risk.  Consider leveraging your own homeowner’s property and casualty policy broker for questions and to help property confirm you are protected.  This broker wishes to avoid a further claim and so they are often apt to do some legwork for you to confirm that the contractor has the proper coverages and you are indemnified. 
• Demand lien releases at the same time payment is provided. This is crucial and required for each and every draw that you fund to your contractor.   I cannot tell you how many times I’ve been approached by a homeowner who paid his contractor only to have a material supplier, a subcontractor, or an employee who was not paid on the job file a lien on his/her home.  It’s quite unnerving and very expensive and time-consuming to unwind.  A simple lien two-page lien release will absolve you of this potential liability and protect you completely.   This step is so important that the Texas Legislature created a statute to standardize releases on private jobs (i.e. homestead rebuilds) during the 82^nd Legislative session.  This House Bill 1456 created standardized releases that can be used and relied upon.  If you need a copy or if you have questions about releases, please feel free to contact me as I’d be happy to provide a sample.  
• Keep receipts! This is a no-brainer.  Yet, so many destroy or misplace documents related to payment to contractors and procurement of materials.  There are many reasons you might need to rely on these documents at some point in the future; least of which might be to claim a casualty loss deduction on your personal income tax return (if applicable).   If you don’t wish to have a paper file laying around, consider scanning the documents into one file and keeping in digital format with other important items. 

“Be diligent in finding the right contractor, executing a proper contract, and working through the tedious task of rebuilding.  Planning and preparation is half of the equation of success and done right, guarantees a successful project. “

There is a lot to consider above and yet, those are just the basics.  Don’t feel overwhelmed.  We are in this together and there are some great resources available to help guide you through this minefield.  Keep calm, try to keep the emotions out of the remediation process, be objective, be thorough and think things through before committing to anything.   Finally, please feel free to call if I or any board member can be of assistance on this topic.   Again, I must reiterate that neither myself not any of the board are attorneys.   However, we will help where we can and many of us have experience as professionals working in the construction trades.  We want the best outcome for our neighbors and will do all we can to assist where possible. 

The board wishes you all the very best.  Our hearts are with those friends and neighbors who experienced a loss and we hope you’ll reach out to us if there is a specific need we can assist with.  We will try to do what we can so as to support each of you through this difficult time and hope that we can celebrate a community rebirth in the coming months.   Remain Spring Strong!

Warmest wishes,

Scott D. Hubert

Neighbor and President