As a reference, the following is a breakdown of the five documents that govern KACPOA (in priority order of precedence). Texas Property Code takes precedence to all of these documents.
1. Articles of Incorporation
These are the legal documents that formed the KACPOA back in 1962 and have been amended from time to time over the years.
There are no changes being recommended to the Articles of Incorporation.
2. Covenants, Conditions and Restrictions (also known as the CC&Rs)
This is an amended and consolidated draft version of the CCRs that, once approved by the membership, will be officially recorded and covers the rights and obligations of the KACPOA to members and vice versa.
– property use restrictions
– maintenance obligations for the HOA and members
– rule enforcement and dispute resolution
– assessment obligations
– and more
Many of the provisions in this document are in our current Deed Restrictions which has governed the community for decades. The new CC&Rs will be reviewed by the Covenants Advisory Committee, who will include any necessary changes based on member input.
The CC&Rs will then be voted on by the Board of Directors with a goal to advance to a member vote of a quorum of the members attending the February 2020 Annual Meeting.
Access a redlined draft of the CC&Rs here which have incorporated changes based on member input to date.
The Bylaws, which are a legal binding document that has been officially recorded, covers the “how”, and established the structure of day-to-day governance.
– process for nominating and electing members
– number of members serving
– length of board service
– meeting frequency
– duties and responsibility of the board
– frequency of elections
– and more
Changes to the Bylaws will be made if there exist conflicts between the CCRs or Texas Property Code and the Bylaws.
4. Design Code
Architectural standards (aka “architectural guidelines, “design code,” etc.) set forth an association’s policies and procedures regulating a homeowner’s ability to make architectural improvements and modifications to the homeowner’s separate interest, as well as to common area and exclusive use common area.
Architectural standards often regulate exterior design elements such as building heights, roof pitches, elevations, and landscaping materials.
The Design Code will be voted on by the Board of Directors at the regular board meeting Monday, October 21 at 8:30 a.m.