The HOA has 3 access easements that allow non-members to use Sherry Lane for private use. These were granted by the original developer, John Volkman, for 204 & 206 Sherry Lane. A third was granted by John Volkman and the 2 owners he sold 204 & 206 Sherry Lane to the big white house that backs up to Sherry Lane between 220 & 206 Sherry Lane. That home is accessed from County Road 602. The owners of that residence use the easement for trash collection.
In 2008,the Deed Restrictions were amended to include “…those who benefit from recorded easements granting access to the Association from their real property…”. This was done to ensure the HOA would be able to recoup wear and tear on the HOA road and gate. It was also to enforce the Deed Restrictions on 204 and 206 Sherry Lane since they get the additional benefit of the property maintenance guidelines all other Members follow to maintain property values.
In the Case Yancy v Burleson Magnolia Farms HOA Board, Et Al. trail, Justice Jeff Monk of Johnson County Precinct 2 gave clarification on what the HOA can and cannot due related to enforcement of the current Deed Restrictions:
- Relating to Performed Maintenance – the HOA may invoice and collect for maintenance related to HOA common areas such as the gate and road.
- Relating to collection of Accrued Maintenance – the HOA may invoice to collect, but the Non-Member residents may decline to reserve fund and any such reservation of Non-Member funds must be agreed upon or the HOA would have to seek enforcement of such an action in the courts.
- The HOA has the right to enforce Deed Restrictions on the Non-Members.
- Should a Non-Member refuse to pay for maintenance performed, refuse to an agreement to reserve funds for future maintenance, or fail to comply to the filed Deed Restrictions, the HOA will be forced to take the matter before a court of competent jurisdiction for enforcement.
206 Sherry Lane easement:
204 Sherry Lane easement:
Access easement to CR 602 home:
Burleson Magnolia Farms Home Owners Association 