NOTE: Please review these documents carefully. If your board decides to advance these documents, they will be provided to the membership in an upcoming mailed notice of the February 23rd Annual Meeting. These documents will be voted on BY THE MEMBERS at the Annual Meeting. Members have the opportunity to express their opinions by emailing firstname.lastname@example.org.
Changes in State Statute have rendered our current Covenants out of date on some provisions. Therefore, the Board of Directors have been working with the Associations law firm, Winstead, to develop new up to date CCRs.
Covenants, Conditions and Restrictions (CC&Rs)
This is a new legal binding document that will be officially recorded and covers the rights and obligations of the homeowners association to our members and vis versa.
– property use restrictions
– maintenance obligations for the HOA and members
– rule enforcement and dispute resolution
– assessment obligations
– and more
Our community’s rules & regulations are a catch–all for the things that aren’t covered in the Bylaws or CC&Rs. These are often the rules that might need revising over time due to changes in the community. For example, our HOA might have a rule that states the pool rules and schedule. This rule would not be a part of the community’s CC&Rs because it might need to change seasonally.
Rules & Regulations can be changed by an HOA board vote with review by the members of the community. Traditionally, the Board will adopt a rule then send a notice to the community members who will have 30 days to review it. After 30 days, the board will review the comments and concerns of members, considering the members’ feedback in the final decision.
The Community Manual also contains the Bylaws, which is a legal binding document that has been officially recorded and covers the “how” and established the structure of day-to-day governance. These cover:
– 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
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 are operating rules which may impose additional architectural restrictions beyond those contained in an association’s CC&Rs, provided that there is empowering language in the CC&Rs to that effect.
Architectural standards often regulate exterior design elements such as paint colors, exterior finishes, and landscaping materials. In our community, paint colors are not as important to the BOD, so we have not incorporated these types of restrictions. Most of the changes are in support of new building requirements including building at higher elevations in compliance with FEMA and Aransas County regulations.
Architectural standards often establish the procedure through which a homeowner may obtain the association’s approval for desired architectural improvements and modifications. Preserving “the aesthetic quality and property values within the community” is recognized by courts as an “important function” of an association.
Architectural standards are a component of an association’s operating rules that are adopted and amended by the board of directors. The board must, therefore, comply with the procedural requirements when adopting or amending architectural standards (i.e., providing the membership with thirty (30) days notice of a proposed change to the architectural standards).
Please review these documents carefully. If your board decides to advance these documents, they will be provided to the membership in an upcoming mailed notice of the February 23rd Annual Meeting. These documents will be voted on BY THE MEMBERS at the Annual Meeting. Members have the opportunity to express their opinions by emailing email@example.com.
Each document can be downloaded by clicking on one of the following links: