Residents’ dispute in Bluewater

As if the Bolivar Peninsula near Galveston, Texas wasn’t battered enough by Hurricane IKE in 2008 with hundreds of homes destroyed, a new plague has fallen on a tranquil subdivision that threatens the peaceful life at the beach. For years the Bluewater Subdivision on the eastern edge of Crystal Beach was a tranquil place to live with modest homes, RV’s and travel trailers dotting the neighborhood, sharing nature’s bounty and enjoying the happy social atmosphere.

The “Shot heard round the Peninsula”
Reminiscent of the carpetbaggers swooping into the south to capitalize on the misfortune of the battered populace after the Civil War, local residents welcomed the construction of fine new homes into the neighborhood as they’ve done with all property owners in the past. That all changed when rental property investors quickly formed a secret “Homeowners’’ LLC inviting only a select few to join. Hiding under the cover of a bona fide HOA, this LLC funded by the obviously wealthy landlords, has now filed a civil suit against a local Bluewater RV owner to remove his RV forever and stop his construction on an RV Port.

Utilizing little known and NEVER enforced deed restrictions from 1955 they are attempting to force RV’s and travel trailers out of the neighborhood. According to the Southeast Texas Records website http://tinyurl.com/BLUEWATER1and2, a very recently formed LLC, Bluewater Additions 1 and 2 HOA LLC filed a lawsuit March 26 in the Galveston Division of the Southern District of Texas against James Dale Levis. Utilizing only part of the obviously antiquated and discriminatory deed restrictions, the LLC is citing breach of contract to remove a travel trailer from his Bluewater property, forever.

According to research done by several concerned Bluewater residents, there are only two known members of the recently formed LLC and they do not represent the 200+ property owners in Bluewater 1 and 2. These antiquated and partially illegal covenants are insipid in their discrimination, stating that not only are trailers and RV’S not allowed but also that Non-Caucasians are not allowed to purchase lots in the neighborhood.

Escalation of the dispute could spread across the entire peninsula
As if this wasn’t enough to shock local RV and travel trailer owners; this “faux” HOA is utilizing a benevolent uninformed county government to assist them in harassing the neighborhood. Their LLC called in complaints to the county engineering department complaining of code violations. Purposely or unwittingly stepping into a neighborhood dispute, the county engineering office sent a representative out to gleefully RED TAG 30+ long time property owners in just two days for various code violations that the county has overlooked for years. A majority of property owners have formed a group to attempt to bring sanity to the situation and eliminate or alter the Draconian deed restrictions.

Be Careful what you wish for
It appears the lawsuit, if continued, may backfire on the troublesome minority LLC and threaten the thriving vacation rental business on the peninsula. Closer inspection of the deed restrictions reveals a phrase that disallows property owners from using their structure as rental income property. A local realtor advised that these deed restrictions were developed originally in the 1950’s and are included in many subdivisions founded at the time, yet rarely ENFORCED. If enforced, these antiquated deed restrictions could jeopardize the thriving vacation rental business on the peninsula. Realtors are reluctant to sell properties in the Bluewater subdivisions to avoid being caught up in the dispute. A voluntary group of property owners consisting of scores of RV and conventional home owners alike has been formed to stop the frivolous implementation of these antiquated and clearly discriminatory deed restrictions.

Adding Insult to Injury
The harassment escalated this week when it was discovered the Investors fence-roped off parking areas for their overcrowded rental property tenants. The land is FEMA buyout properties owned by the county for all to use. FEMA rules specifically state that this green space is NOT TO BE FENCED and the land is available to all.

County Officials Mistakenly Ignoring Class Discrimination
With bigger fish to fry, the county and their employees are being used to economically beat long time residents into submission. Pleas to county authorities by the financial underdogs have yet to produce action.

For Information contact email: no.bluewater.hoa@gmail.com
Voice: Rusty Cluck 936 676-3987

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27 Responses to “Residents’ dispute in Bluewater”

  1. John Willis says:

    Rusty,

    I have read where you state this site is opened to anyone who owns property in Bluewater. I have owned a home here since 2001 and have requested membership on this FB site, but never get any response. Can you explain.

  2. shawn says:

    Kevin – I would love to speak with you about this. Please contact me: no.bluewater.hoa@gmail.com

  3. Kevin Williamson says:

    I am a property owner in Bluewater on the beach side and my wife and I plan to build a beach house in early 2015. I have monitored the battle going on and I understand both sides. I want to lease this house occasionally to offset the mortgage and other expenses. Sounds as if some dont want that for me! I want anyone who owns property down there to have the oppoprtunity to enjoy their property whether they own a million dollar home or RV. These deed restrictions must be rewritten to include the compliance with FEMA regulations and respect for our neighbors. Is there a nuetral sensable property owner to lead the HOA?

  4. ricky michael says:

    Me and my wife are looking to by a home in Sandpiper Beach or Holiday Beach….we are about to make an offer on one….does anyone know where to find the deed restrictions for these properties as we have a fifth wheel we love taking on vacation and want to know can we keep it under the house….also, would love to see copies of these deed restrictions or HOA documents….before we spend 300,000.00 on a home.

    • BJ says:

      We are considering a home in Emerald 1. We plan to rent it during summer, and enjoy it the remainder of the year. How do I get a copy of the deed restrictions? If we are not allowed to rent it, then we will not be able to purchase it.

    • Constance Dearing says:

      Holiday Beach has strict deed restrictions for “5th Wheels” or any other kind of travel trailer. You are NOT allowed to park under your house or ANYWHERE in the subdivision. If this restriction is not to your liking, buy in a different subdivision to avoid future problems.

  5. Phyllis Knolton says:

    Does anyone know the details of a hearing scheduled regarding an HOA takeover next week?

  6. Kala Barnard says:

    We do not own in Bluewater but are frequent customers of the Blue Water Bait Camp. We have an RV that we bring each summer to a RV park. We have looked to buy a lot somewhere and love the Blue Water addition. You have our support in fighting this!!

    Good Luck

  7. realist says:

    Well, the shot heard round round the peninsula has already been fired, but it wasn’t close enough to your backyard.

    Although the details are different, the motivations are the same. Developers want somebody else’s land. Bullying and tyranny. Greed and government harassment. Threats and bribes. Sound familiar? Because it’s been happening in Gilchrist.

    Remember, in April of 2013 private property owners stood up and said “Enough!” via a lawsuit, to the state and feds who are trying to take over their property using county employees to do their dirty deeds. It’s still ongoing.

    Welcome to the club, folks. Be sure to sign up as a member of the Gilchrist Community Association, open to anyone who has enjoyed or supports the Rollover Pass area. (Vacation rentals, ya know. Some of your tenants probably have visited there.)

    Do you really expect Commish Ryan Dennard to have YOUR best interests at heart? He’s a carpetbagger himself. A gen-yew-ine Houston commercial. real estate attorney. And he and his buddy Judge Mark Henry have accepted 1.5 mil from the state GLO to screw the longtime residents and their local businesses.

    Remind Dennard that what happened to Jerry Patterson can happen to him. He works for the voters. Right? Right????

  8. Rusty Cluck says:

    Karen I don’t know which group asked you to sign, The Bluewater Addition group on Facebook DOES NOT recommend signing anything supporting BLUEWATER HOA LLC sends you. They are a Corporation NOT a Homeowner’s Association, To the best of our knowledge it consists mostly of owners of multi-income producing properties in Bluewater 1 and 2 attempting to impose their will on our previously happy neighbohood. Rusty

  9. Rusty Cluck says:

    I respect your decision Karen Turney… You may want to talk to other Realtors concerning the property value issues.

  10. Karen Turney says:

    Just spoke with a local realtor,they explained the ramifications of this suit for all of Crystal Beach,I understand and will not be signing this Declaration of Support.

  11. Karen Turney says:

    I left out the fact since Ike,I’m paying 1,700 in property taxes,per year,so why pay taxes on property that is clearly over valued,in part because of no deed restrictions

    • Rusty Cluck says:

      I agree Karen.. If nothing more comes out of our dispute than being able to use the information to lower my property taxes, on my house, that will be a win for me… as my taxes on my house are higher than yours.. I took up this fight because I detest bullying. The “HOA” is a corporation who refuse to identify themselves. They are an HOA in name only .. Thanks Rusty If you own property in Bluewater I urge you to provide your support to the Bluewater Addition Group on Facebook..

  12. Karen Turney says:

    I have 4 lots I can’t seem to sell since Ike,If bluewater was restricted,as Emerald,and other thriving subdivisions with deed restrictions,wouldn’t that be a good thing? Bluewater had yards filled with junk before Ike,to be honest.I’m not a resident,I have received a petition from this group, I don’t intend to sign until I’m convinced it would be a good thing,just explain why Bluewater wouldn’t thrive if deed restrictions were implemented.

    • Shawn Pachlhofer says:

      Karen, a search of the Galveston County Appraisal District records show that Frank Schulz’s 2 homes have increased in value over 275% from the period 2010 to 2013. 2014 values are not yet available. Lots have increased from 466% to 1100%! The information being circulated by Frank Schulz and the “Bluewater HOA LLC” is entirely misleading! We’d love for you to contact us so that we can have your assitance in fighting against this “HOA”, please email: no.bluewater.hoa@gmail.com

    • Rusty Cluck says:

      Thank you Karen, for your support… 🙂 I’m sorry I initially misread your comment. I am getting older and not nearly as quick on the uptake as I used to be… Based on your request I asked Shawn to post the property values we have uncovered since your original request… There are a multitude of Realtors that support our cause … I sincerely thank you for your support.. Rusty Cluck

  13. Rusty Cluck says:

    Thank you all for your courage to stand up to tyranny. Considering who we are dealing with, we all expected a response from the them sooner or later. I do not plan to respond directly to any outside taunts or threats and will continue to publish my opinions Rusty Cluck

    “All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
    Thomas Jefferson 3rd President of The United States

  14. Shawn Pachlhofer says:

    It’s very interesting that Frank and/or Dan won’t reply here, but instead choose to hide behind a “password” protected website – on which they claim to be 20-30 year property owners. It’s easy to track county records Frank.

  15. Darrel Crider says:

    Another great choice of words and directives Rusty! Here’s to you! These two goons have created havoc in our community and deserve anything and everything that will be coming their way. What a shame to see that cool rope fence on the FEMA property being ripped up. What a waste of money! Can’t wait to watch the implosion of F. S. garage structure. Let’s plan a neighborhood watch party to celebrate. Relocation of two residents is the key!!

    • Rusty Cluck says:

      Thank you Darrel, You are a trusted friend and great supporter of our cause. You believe like I do, that tyranny of any kind must be exposed… Rusty

  16. B. Bailey says:

    Many of our friends have invested their LIVES to be here.
    That is something those investors wouldn’t understand.

    B.

  17. Dianne Ledet says:

    Perfect, Rusty. I hope this mess gets settled soon.

  18. james w. dinkins says:

    Well said Rusty. I am a conforming homeowner for over 20 years in Bluewater. The number of problems with RV owners can be counted on one finger. They keep their properties very respectful with no encumbrances or disturbing activities on them. Nearly all had structures on their lots until the storm, and decided to have some form of temporary habitation to come to and enjoy their neighbors and the beach. Hopefully the Commissioner will stop the take over of the county owned lots and stop the madness of the actions of few.

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