Emvergeoning

Sat, May 30
12:00 pm	to	9:00 pm

This is kinda bizarre but I’m posting it because it kinda deals with art and censorship but you can also get a glance of David Shelton’s new gallery next door. This restaurant owner seems to be hiding behind the veil of art with the benefit of having an art gallery in his building. Plus there are Mimosas.

What you don’t know about your HOA could cost you

08:01 PM CDT on Friday, May 22, 2009

Christopher Heath

STONE OAK – Damien Watel sees nothing wrong with the 18 foot silver fork outside his business off Stone Oak Parkway, but then again he paid more than $20,000 to have it built.

Watel calls the oddly shaped sculpture “art”, while the Stone Oak Homeowners Association calls it an “eyesore” and is demoing he either take it down or cover it up.

With the threat of a fine and possible litigation, Watel who owns the Ciel and Caio2 restaurants, is erecting a massive cinderblock wall to hide the statue from view, a compromise reached between him and the HOA.

At the heart of the issue is the failure by Mr. Watel to file an application with the HOA for the construction of the sculpture. Watel says since the large fork is art, he didn’t think he need permission from the HOA to build it, however, the HOA says the fork is an advertisement for his business and therefore needed to be approved by the HOA ahead of time.

Watel did eventually file an application with the HOA which was rejected. He also appealed; an appeal that was also rejected. Watel says he will have other artists come in and paint the wall to make it match the other buildings in the area all while hoping the HOA will change its mind and allow the wall to come down.

Local real estate attorneys say many property owners fall into the same situation as Mr. Watel, not finding out until it’s too late that they have violated the local homeowners association rules by building something that is not approved under the association’s rules.

State laws give broad powers to homeowners associations to regulate within their own area. In addition, homeowners associations can add too local ordinances or state laws, provided they do not supersede them.

Damien Watel says it will cost him hundreds of dollars to obscure the fork from the road so that his business can remain in compliance with the local association.

Come “paint the town red” with local artists who are protesting the wall around Gilbert Duran’s sculpture: “Fork”. They will have a chance to pain the existing wall themselves. Damien will be serving Mimosas, wines, tea, water and some other goodies – and the kitchen will be open Saturday for lunch for this ocasion only. Hope to see you all there!

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