M I S S I O N E S T A T E S P R O P E R T Y O W N E R S ' A S S O C I A T I O N
VOTING INFORMATION FOR ALL PROPERTY OWNERS
The Board of Directors would like to encourage all homeowners to participate in voting for changes to the Covenants, Conditions, and Restrictions. The information for the two items up for vote are as noted below. A postcard is being mailed to all homeowners so votes can be cast. Please contact us via email at boardofdiretors@missionestates.net if you have any questions.
We appreciate your time in voting and being a part of the community.
October 25, 2022
Dear Mission Estates Residents,
As you may be aware, ICA is the owner of the tract of land located at the northeast corner of Faudree and Santa Fe Drive. Having secured the tract’s release from its prior status as a drill site, ICA is looking to sell the tract to a developer. Because this land falls within the incorporated bounds of the MEPOA, the association will have authority to enforce the covenants and restrictions that govern the MEPOA at large.
Currently restricted by the MEPOA to single family homes or multi-family, the tract does not look very large from the road but it actually covers 3.65 acres.
A potential buyer has emerged who would like to build a tasteful commercial building (using the old Odessa Pumps building on Dorado as an inspiration) to house a law office and potentially retail shops. As part of the conditions of this potential purchase, the buyer has stipulated that the property must be released from the MEPOA restrictions which would de-annex the property in question.
As a compromise, the MEPOA Board and legal counsel have proposed a set of permanent restrictions on any buildings constructed on the site that will disallow metal building construction, and forbid the following types of businesses from being established there:
(a) cemetery; (b) jail or honor farm; (c) mobile home park or recreational vehicle campground; (d) junk or salvage yard; (e) movie theater; (f) adult bookstore or other establishment selling or exhibiting sexually-oriented materials; (g) a massage parlor, sexually oriented modeling studio, (h) porn shop, (i) "smoke and toke" store* or similar business that sells merchandise as drug paraphilia; (j) Game Room or other gambling establishment; or (k) car wash.
The buyer has agreed to these stipulations and they will be incorporated into to the property deed. Therefore, these restrictions will permanently attach to the land and will continue to be enforceable for years to come even if the land should change hands.
The MEPOA Board feels that this proposed development is preferable to the alternatives (e.g. apartment complexes, etc.), all of which promise to bring considerably more motor vehicle traffic to an area that is already quite congested. Upon advice of legal counsel, releasing this property from the MEPOA requires that the majority of votes cast by the membership be in favor of the release. Since the vote taken in January 2022 our attorneys have advised us this should be a majority of all residents in Mission Estates not just those voting. So again we are requesting your vote.
The Board of Directors recommends voting FOR this proposal.
Thank you for your attention.
Scott St Louis
President, MEPOA Board of Director
MISSION ESTATES PROPERTY OWNERS’ ASSOCIATION
VOTE OF THE MEMBERS TO DEANNEX CERTAIN PROPERTY - BALLOT
The Board of Directors has proposed a vote to amend the Declaration for the purpose of removing certain property from the jurisdiction of the Association. The proposed language for the amendment is found below. The MEPOA Board invites all members to cast their votes and return to MEPOA p o Box 60205 Midland, TX 79711 or email to boardofdirectors@missionestates.net
.
. PLEASE CAST YOUR VOTE BY as soon as possible.
VOTE TO AMEND THE DECLARATION - The portion in bold/italics will be added.
ARTICLE I. GENERAL
SECTION 1. DEFINITIONS. The following words, when used in this declaration, shall have the meanings assigned to them as follows:a.No Change
No Changeb.“The Properties” shall mean and refer to the real properties (including any “Improvements” situated thereon, as said term is hereinafter defined) described in Exhibit “A-1” through “A-6”, inclusive, which Exhibits are attached hereto and incorporated herein by reference, and any additions thereto, as are subject to this Declaration or any Supplemental Declaration filed under the provisions of Section 3 thereof.
“The Properties” shall mean and refer to the real properties (including any “Improvements” situated thereon, as said term is hereinafter defined) described in Exhibit “A-1” through “A-6”, inclusive, which Exhibits are attached hereto and incorporated herein by reference, and any additions thereto, as are subject to this Declaration or any Supplemental Declaration filed under the provisions of Section 3 thereof.b(1).The Property described in Exhibit A-7 shall be deannexed and removed from the Mission Estates Subdivision. Said Property shall no longer be subject to the terms of the Declaration of Covenants, Conditions and Restrictions for Mission Estates and will not be subject to jurisdiction of the Association.
The Property described in Exhibit A-7 shall be deannexed and removed from the Mission Estates Subdivision. Said Property shall no longer be subject to the terms of the Declaration of Covenants, Conditions and Restrictions for Mission Estates and will not be subject to jurisdiction of the Association. FOR _____________ OR AGAINST _____________(Initial, mark, or check)
OR AGAINST _____________(Initial, mark, or check) In order for your Ballot to be valid, you MUST SIGN where indicated below (only one signature is required):
Owner’s Signature: ____________________________________________________________
_________________________________ Printed Name:____________________________________________________________
____________________________________________________________ Date:___________________________ _________________________________
___________________________ _________________________________ Property Address: _________________________________________________________________________________
Phone number: ___________________________ email address: ________________________________________
October 25, 2022
Dear Mission Estates Residents,
The Board of Directors would like to ask your assistance in amending the Covenants, Conditions, and Restrictions. In the past we have requested input and/or votes from the membership and have had very little response. Our current CCR requires a majority vote of all homeowners to make any changes. Unless this changes, it will be very difficult to get any revisions make to the CCR. We are in the process of creating proposed changes to update our guidelines that will require a vote of all homeowners.
The Board of Directors would like to amend the Covenants, Conditions, and Restrictions specifically:
ARTICLE XI.
MISCELLANEOUS PROVISIONS, Section 2. AMENDMENTS
The covenant, conditions and restrictions of this Declaration may be amended or terminated only as follows:
a.By the Members. This Declaration may be amended or terminated only by the affirmative vote of Members representing a majority of the total number of votes of the Association. Members may vote in person or by proxy at a meeting duly called for such purpose, written notice of which shall be given to all members at least thirty (30) days in advance and shall set forth the purpose of such meeting…
By the Members. This Declaration may be amended or terminated only by the affirmative vote of Members representing a majority of the total number of votes of the Association. Members may vote in person or by proxy at a meeting duly called for such purpose, written notice of which shall be given to all members at least thirty (30) days in advance and shall set forth the purpose of such meeting…The Board proposes this be changed to:
a.By the Members. This Declaration may be amended or terminated only by the affirmative vote of Members representing a majority of the total number of votes cast by the Association. Members may vote in person or by proxy at a meeting duly called for such purpose, written notice of which shall be given to all members at least thirty (30) days in advance and shall set forth the purpose of such meeting…
By the Members. This Declaration may be amended or terminated only by the affirmative vote of Members representing a majority of the total number of votes cast by the Association. Members may vote in person or by proxy at a meeting duly called for such purpose, written notice of which shall be given to all members at least thirty (30) days in advance and shall set forth the purpose of such meeting…The MEPOA Board invites all members to cast their votes. You can mail in the vote to:
Mission Estates Property Owners’ Association
P O Box 60205
Midland, TX 79711
Or email it to:
Boardofdirectors@missionestates.net
We are working to get all homeowner’s emails on file. Having this would allow information to be sent to you without having to do a mass mailing. Your personal information will be used exclusively by the homeowners’ association. It will never be shared with others.
The Board of Directors recommends voting FOR this proposal.
Thank you for your attention.
Scott St Louis
President, MEPOA Board of Directors
FOR _____________ OR AGAINST _____________(Initial, mark, or check)
OR AGAINST _____________(Initial, mark, or check)In order for your Ballot to be valid, you MUST SIGN where indicated below (only one signature is required):
Owner’s Signature: ______________________________________________________________________________________
___________________________________________________________Printed Name:___________________________________________________________________________________________
___________________________________________________________________________________________Date:_________________________________ _________________________________
_________________________________ _________________________________Property Address: __________________________________________________________________________________________________________________
Phone number: ____________________________________________ email address: __________________________________________________________
The Board would like to thank all who participated in voting on these issues. A majority of votes were received to pass the deannexation of the property at Santa Fe Drive and Faudree Road. The required votes for changes to the Covenants,
Conditions, and Restrictions have not been received as of March 30, 2023
