QUESTION: The August and November 2021 quarterly Board meetings included Board votes on 9 HOA policies to be added to the CCRs and Bylaws. What are the policies and why were they generated?
ANSWER: The 2021 Texas Legislature passed several bills that directly addressed HOA activities by adding to or modifying portions of the Texas Property Code, Texas Transportation Code, and the Texas Civil Practice and Remedies Code. The new policies, all approved by the Board and subsequently recorded at the County Clerk’s Office as required by the Texas Property Code, include:
Architectural Review Authority Denial Hearing Procedures (effective 9/1/2021, recorded 8/31/2021)
--Defines ARC member restrictions (no Board member, Board member spouse, Board member household resident)
--Defines information provided by ARC to homeowner for improvement request denial
--Defines timeline for submission of hearing request to HOA Manager by homeowner (within 30 days of receiving denial)
--Describes conduct of hearing by Board of Directors
--Changes Architectural Review Committee to Architectural Review Authority
--Modifies Consolidated CCR Article IV, Architectural Review Authority, Adds CCR Appendix B, ARC Denial Hearing Procedures
Covenant Violation Hearing Procedures (eff 9/1/2021, recorded 8/31/2021)
--Provides additional details and procedures for homeowner requesting a hearing by Board of Directors for notice of violation
–Original violation hearing requirements specified in 2015 Texas Legislature law, included in Consolidated CCR Article XXX, Enforcement
–Defines timeline for submission of hearing request to Board of Directors
–Describes conduct of hearing by Board of Directors
--Modifies Consolidated CCR Article XXX, Enforcement; adds Consolidated CCR Appendix C, Covenant Violation Hearing Procedures
Display of Religious Items (eff 9/1/2021, recorded 8/31/2021)
--Modifies residence front entrance-only, size-limited provisions of displays in 2011 and 2013 Legislature laws
--New law permits items to be displayed or affixed on any part of homeowner lot
--Defines restrictions on item subject and location
--Modifies Consolidated CCR Article XI (B) Guidelines for Display of Certain Religious Items
Collections Policy (eff 9/1/2021, recorded 11/22/2021)
--Annual assessment payments due Jan 1 (50%) & July 1 (50%)
--Late if not paid in full within 30 days of due date (included in original CCRs)
--1-time late fee of $25 on delinquent date (Jan 31, July 31)
--Monthly late interest, 12% per annum, beginning from due date*
--Provides rules and required notifications for reporting delinquencies to credit reporting services
--Identifies timelines for
>“courtesy” and “demand payment” notices to homeowner,
>turnover of account to 3rdparty collection agency or attorney for collection
>filing Notice of Lien
>filing of lawsuit for collection of delinquency or for foreclosure
--Original policy approved 8/25/2021, amended update approved 11/17/2021
>adds specific order of priority for applying payment to a delinquent account NOT in default of a payment and to a delinquent account IN default of a payment plan
--Modifies Collections portion of Consolidated CCR Article XXXV – Covenants for Maintenance Assessments
Contract Bid Policy (eff 9/1/2021, recorded 11/22/2021)
--Requires specific Request for Proposal to minimum 3 contractors for any one-time or term contract exceeding $50,000
--added to Consolidated Bylaws Article VII – Contracts, Checks, Deposits, and Funds
Golf Cart Policy (eff 9/1/2021, recorded 11/22/2021)
--Reflects changes to Texas Transportation Code concerning golf cart & neighborhood electric vehicles in residential subdivision
--Golf carts/NEV operated by person with valid driver’s license, on neighborhood streets only, stored out of public view, number of passengers can’t exceed number of seats
--Added to Consolidated CCR Article XIV – Vehicles
Leasing Information Policy (eff 9/1/2021, recorded 11/22/2021)
--Tenants must comply with terms of the CCRs
--Owners of rental residences required to provide HOA Management information on each tenant above age of 18: name(s), mailing address(s), phone number(s), email address(s)
--owner must provide the commencement date and term of the lease for all current and/or future leases.
--Added Consolidated CCR Article III – Use
Pandemic Exposure Policy (eff 6/14/2021, recorded 11/22/2021)
--Generated by Legislature changes to Section 148.003 of the Texas Civil Practice and Remedies Code
–Defines the criteria under which a person, including a member of the Board of Directors or employee of the HOA, could be held liable for the injury or death caused by exposing an individual to a pandemic disease during a pandemic emergency
--Adds Consolidated Bylaws Annex A, Pandemic Exposure Policy
Security Measures and Fencing Policy (eff 9/1/2021, recorded 11/22/2021)
--Doorbell cameras, security cameras, motion detectors (i.e., Ring, Nest, etc.) and lighting affixed to the residence does not require prior approval of the ARC (exterior lighting must comply with restrictions in CCR Article XV, Nuisances).
--Other Security Measures, such as window/door security, entry-way enclosure, perimeter fence (including front yard security fence) requires advanced written approval of the ARC.
–Placement restrictions included in policy
--Back and side yard perimeter fencing standards in original CCR Article VIII, Fencing (6’, wood, etc.) retained
--Original policy approved 8/25/2021, amended update approved 11/17/2021
>adds specific front yard security fencing standards: may not exceed four (4') feet in height, black and constructed of welded vertical open rail wrought iron affixed permanently in concrete.
--Redesignates original CCR Article VIII, Fences, as Consolidated CCR Article VIII(A), Fences, adds Consolidated CCR Article VIII(B), Security Measures
In accordance with Texas Property Code requirements, the above recorded Policies are also available on the HOA website’s Pages & Links tab, Recorded Governing Documents section (“2021 TX Legislature-Generated Amendments 1” and “2”)
These periodic CCR and Bylaw discussion topics intend to remind residents of The Springs of the Covenants, Conditions, and Restrictions (CCR’s) and Bylaws that apply to all Springs residents solely by our election to live in this community.
If you are a Springs resident who has misplaced your copy of the CCR’s and/or Bylaws, or are a new resident who wasn’t provided a copy by the previous owners or your realtor, you can view (and download in Adobe Reader [.pdf] format) the complete Springs CCR’s and By-Laws at the Consolidated Bylaws and CCRs section of this website, located in the Pages & Links tab.
