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Pond on the East Side of the Property

Published: May 12, 2020

Over the past 15 months, there has been discussion on Facebook, NextDoor, and Mustang Park HOA Board Meetings regarding the pond on the east side of the property. That discussion has centered on the ponds three fountains, lights, and upkeep. As the Mustang Park HOA Board of Directors, we want to first, express our empathy for those 12 homeowners that surround the east pond in having to deal with this ongoing issue on a more regular basis, and second, inform the rest of the neighbors and homeowners of Mustang Park, what we have done to resolve this situation.

Here are some facts/background:

1) The Townhomes own and operate the east pond (including 3 fountains with lights). They bear all costs associated with upkeep and maintenance. Likewise, Mustang Park Homes own and operate the central (1 fountain with light) and west pond (1 fountain with light) and bear all costs associated with upkeep and maintenance. Any person or group (MP Homeowners, MP Townhome owners, and any other neighbors, visitors, and guests) can, and do, enjoy the amenities provided by ALL ponds (east, central, and west).

2) As owners of the east pond, the Townhome Board, made a 2019 budgetary decision to limit fountain/light operation in an effort to save cost for their Townhome owners. This decision upset some MP Homeowners that are in direct view of the east pond.

3) In the past 15 months, there have been over 35 communications between homeowners, the Townhome Board, and us. These communications have been email, phone and in person meetings. During one of these communications (an in-person meeting on 2/28/2019), the Townhome Board asked about cost sharing of the east pond. We did not agree to that position unless the Townhome Board agreed to cost share the central and west pond. They did not agree, but offered a revised schedule of 1 fountain operating 3/1 – 10/31 and 0 fountains operating 11/1 – 2/28(29). The Homeowner representative and we agreed upon this modified schedule. Everyone also agreed that the Townhome Board would maintain the health of the pond.

4) A year after that initial agreement (March 2020), a recent inspection by the City of Carrollton, found the pond was healthy and was following guidelines set by the EPA and TCEQ regarding proper pond maintenance.

Your Boards position:

We have been in contact with all interested parties for the past 15 months (35 different times)… but at the end of the conversation, the Townhome Board is responsible for the east pond. They have decided, in the interest of keeping costs down, to limit the fountain/light usage. As a Board, we (nor MP homeowners) have no jurisdiction or say in that decision. Our view is that the developer/builder/real estate agent (not the Mustang Park HOA) selling the properties should have been clearer; noting that the pond view (with any perceived premium added to the sales price) was under the control of another entity.

We do not have any interest in sharing costs, in any way, for the upkeep of the east pond (including fountains/lights and maintenance). We also recommend that no homeowner offer to share those costs independently of the Mustang Park HOA. Understand than any cost sharing now, may commit any person or group involved to have a stake in ANY future costs associated with the east pond… which could include costs FAR above running fountains and lights.

The Townhome Board has a legal responsibility for the upkeep and maintenance of the east pond. There is no legal responsibility for operation of fountains/lights; UNLESS they affect the upkeep and maintenance of the water/pond quality; and according to the city inspector, they are upholding that responsibility. If the Townhome Board does not conform to the upkeep and maintenance of the east pond (as determined by certified city inspectors and not based on aesthetics), we will refer that inspection to the proper channels at that time.

As your Board, we always have your best interest at top of mind. If we, as a board, choose to take cost saving measures, we do that in your interest, not the interest of the Townhomes or Apartments that surround us.

The Townhome Board is aware of our concerns and told us they are monitoring the situation.

Any future communication on this subject will be referred back to this email.

For any other questions, please email boardofdirectors@mustangparkhoa.com.

Mustang Park HOA