Updating the Deed Restrictions and Other Governing Documents

The Covenants and Restrictions, which were drafted at the inception of the community in 1983 and before homeowners were operating the Association, were technologically outdated, silent on some very important issues (i.e. architectural compliance), and in conflict with the Texas Property Code in some areas. Additionally, the documents were confusing as there were significant conflicts between. Efforts to correct the documents started in 2004 but because of the magnitude of the task, had not really advanced to an actionable proposal.

After considerable research and discussion, proposed amendments/restatement were published on July 12, 2010 and made available for an active 18 month review period. Owners were sent links or provided paper copies of the proposed changes on 12 occasions. Four public review meetings were held (July 12, 2010, December 6, 2010, August 10, 2011 January 18, 2012). The documents were also available for review online.

Part of the review process was to identify any areas where a divergence of opinion existed and bring those matters up for further discussion and vote. The was clear consensus in the meetings and other communications to support the proposed changes. The only areas where consensus did not exist were the need for mandatory capital and emergency reserves, the specific architectural standards for fencing and garage doors, and whether or not the Association should have the ability to levy fines without judicial oversight.

Ballot items in 2010, 2011, and 2012 addressed these concerns. A record 81% of the eligible owners participated in the final approval. There were no proxies.

The restated covenant and restrictions went into effect January 1, 2013. The new governing documents more clearly describe the Owners rights and the obligations of the Association and the Board of Directors to the Owners.

The restated covenant and restrictions move the Association voting process out of the poorly attended annual meetings venue to e-ballot and mail ballots and require at least 51% of the owners to participate - not "whoever shows up at the second meeting" which had become the practice.

Additionally, the new documents describe the Associations maintenance obligations to the owners and establish greater transparency and financial accountability for both short term and long term obligations.

The new governing documents also spell out the architectural standards and requirements of the owners to help keep the community architectural consistent and values up.

A copy of the covenant and restrictions may be viewed using the link below.

The Association is now finalizing several supplemental declarations that are required by law and the restated Covenants ad Restrictions ad will file those in 2013. This includes restated bylaws, a supplemental declarations ions for collection, document handling, and the reserve study.

Updated 02/05/13


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