POSTED: Saturday, August 24, 2013 - 9:36am
UPDATED: Saturday, August 24, 2013 - 1:26pm
Texas (CNN) — Using colorful sidewalk chalk to decorate a driveway is a great summertime activity. However, in one Texas neighborhood these drawings come with the risk of a hefty fine.
"There's kids out here every night playing around and riding bikes and stuff."
Melissa McCrary moved into the elm grove neighborhood here in Buda four years ago.
"We like it a lot there's a lot of kids here which is pretty much the reason we moved here."
And it's not unusual to see a group like this sprawled out…Letting their imaginations run wild with chalk.
"I didn't know that it was really that you could really get in trouble for that."
That's why she was surprised when her neighbor Kelsey Jakubauskas did. (jah koo bah skus)
"Well we just picked up the mail one day and found this notice from our homeowners association saying we were in violation."
It warned her that if the chalk wasn't removed soon she could face stiff penalties like a fine or even a lien on their home.
We reached out to the HOA alliance association management, they sent us a statement saying they encourage active creative children.. But rules are rules the statement went on to say:
"Sometimes homeowners are unaware of deed restrictions. A friendly reminder was issued requesting that the homeowner please remove the sidewalk chalk when finished."
"We haven't allowed them to draw just because we don't want them to use the water in the drought situation to wash it off every time they come out here and draw with chalk."
Jakubauskas says there's nothing specifically banning chalk in the restrictions.
"I could understand them enforcing the covenants but when that's not in there I don't think that that's appropriate."
A group of neighbors are now organizing an event called chalk it up to be held this Sunday where kids from the neighborhood will gather to decorate their sidewalks and driveways in order to send this neighborhood association a message.
"I don't know how much citation costs but maybe it's worth it."