Living in Bentwater

How do I find out about what the Property Owners Association Board of Trustees and the various volunteer committees are doing?

All residents and property owners are invited to attend the quarterly meetings of the POA Board of Trustees.  Each meeting is announced through an official email which includes the agenda.  The schedule is also included as part of the General Manager's article in the "Bentwater Life", and on this website on the "Home" page or "Calendar" tab.
 
The Bentwater Property Owners Association has a three (3) person Board of Trustees, two of whom are appointed by the Developer and one which is elected by and from the property owners.  Regular Board of Trustees meetings are generally held at 1:00 p.m. on the second Friday of February, May, August and November with the Annual Members Meeting held in September of each year.  The General Manager reports on the operations of the POA at each of these meetings.  Additionally, Town Hall meetings are held as necessary to discuss pending events and/or major community concerns.  Minutes of Board and Committee Meetings are available at the POA Office and on the Bentwater Property Owners Association website under "Meeting Minutes."
 
The Property Owners Association General Manage establishes from time-to-time ad hoc volunteer committees to assist with management projects and events.  Contact the POA office at 936-597-5532 for more information. 

What is the Property Owners Association Advisory Board and what do they do? 

The legal structure of the Bentwater Property Owners Association Board of Trustees and Advisory Board of Trustees is established by the Fourth Amended and Restated By-Laws of the Bentwater Property Owners Association, Inc.; Articles IV and V. The business and property of the Association shall be managed and controlled by the Board of Trustees, and subject to the restrictions imposed by any law, by the charter of the Association, the Declaration, or by the By-Laws, the Board of Trustees may exercise all the powers of the Association.

The POA Board of Trustees consists of three (3) Trustees, two (2) appointed by the “Declarant” and one elected from and by the Association’s members.  The Advisory Board of Trustees consists of five (5) Trustees, all elected from and by the Association members.

The purpose of the Advisory Board as stated in the Fourth Amended and Restated By-Laws of the Bentwater Property Owners Association, Article V. POA Advisory Board, Section 2. Purpose of Advisory Board:

The Advisory Board will provide input to the Trustees with respect to the operating plans and budget of the Association and various policies, rules and regulations of the Association. The Advisory Board Trustees will serve as the point of contact for the property owners with respect to discussing any problems with the Association. The Advisory Board Trustees may attend all meetings of the Trustees (while not in executive session) and make recommendations to the Board of Trustees.

The Bentwater Property Owners Association Board of Trustees can delegate authority but NOT RESPONSIBILITY for the above nonprofit Board responsibilities. The POA Board of Trustees can thus authorize the Advisory Board of Trustees to establish Advisory Board Committees to fulfill the nonprofit board responsibilities and make recommendations and suggestions for consideration and decision by the Board of Trustees. The following Advisory Board committees are organized and staffed to fulfill the purpose of the Advisory Board.

Standing Committees:

  • Community Relations and Communications Committee
  • Governing Documents, Finance and Management Overview Committee
  • Property, Facilities, Equipment and Assets Planning Committee

How many homes are there in Bentwater? How many vacant lots are there in Bentwater and who owns them?

As of December 31, 2015 there were 1,926 houses completed, 61 houses under construction and 12 houses approved by not started for a total of 1,999 homes.  Each month the Bentwater Property Owners Association updates its 'housing report'. The number of buildable lots remaining in the subdivision as of the same period are 910 privately owned lots and 3 lots owned by the developer.

Who do I contact to report problems?

Common area and other POA issues can be reported at the POA office by calling 936-597-5532 or email This email address is being protected from spambots. You need JavaScript enabled to view it.. Trash and other utility concerns should be reported to the respective providers. See 'utility providers' below

Where do I find the deed restrictions?

A copy of the deed restrictions for a specific section (they vary from section to section) is usually provided to the new property owner at closing. They are posted www.bentwaterpoa.com. Additional copies are available at the POA office for a fee of $20 per section.

I've heard that there are outdoor watering restrictions in effect. Where can I find out what they are and whether they apply to me?

Bentwater water, sewage and trash collection is provided by Municipal Utility District #18 (MUD#18) which only serves the Bentwater subdivision. As the provider, MUD#18 determines when the subdivision is subject to watering restrictions (usually summer time) and all Bentwater properties are included. You can find contact information and a link to the MUD#18 website under the "About Bentwater" drop-down menu in the "Local Area Guide".

Who do I call if a sprinkler head in my yard burst?

If a sprinkler head burst, contact your irrigation specialist. If you cannot contact your irrigation company, you can call MUD#18 operator, Hayes Utility at 936-588-1166 to temporarily cut off your water.

Who do I call if the water line to my home burst?

If a water line bursts outside, contact Hayes Utility at 936-588-1166 to temporarily cut off your water. The resident would then have to contact a plumber.  Most houses have a main water line shut-off valve near where the main line enters the house, if an interior leak happens, shut the water off at the house valve, the resident should then have to contact a plumber.

Who do I contact if I have a tree that has fallen in my yard?

Disclaimer: This is not legal advice. What follows is how we approach situations, which is based on the advice we have received from legal counsel. In general, when a tree fallsfrom someone else’s property onto your property, the portion of the tree that falls onto your property is your responsibility. The portion that remains on the other property is their responsibility. This may change if your neighbor’s tree was dead or diseased, and your neighbor breached a duty to remove the tree. In general, you have the right to trim to the property line the portion of any tree that hangs over onto your property. In extreme cases, encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoiningproperty. If so, the owner of the tree or plant may be held responsible for harm caused to the adjoining property, and may also be required to cut back the encroaching branches or roots, assuming the encroaching vegetation constitutes a nuisance. This was the finding in Fancher v. Fagella, which some peoplebelieve changed the law. The Bentwater POA will always attend to situations where a tree in a common area poses a danger to private property. Some equate an easement to a common area, which is not always the case. Every lot has easements, but not every lot adjoinscommon property. Unless a tree on private property is in imminent danger of falling and causing damage to adjoining property, the POA does not get involved. Even then, the Association has the right, but not the duty, to do so. These are neighbor-to-neighbor issues unless the Association exercises its right to self-help.