QUESTION: In anticipation of warmer weather returning shortly, we’d like to have a small storage shed built in our backyard as well as make some significant changes to our landscaping. What is the process for requesting approval for those projects?
ANSWER: The Springs CCR’s and website provide instructions on how to request approval of such projects through the HOA’s Architecture Review Authority (ARC)*:
Article IV
ARCHITECTURAL REVIEW AUTHORITY
No building, fence, wall, outbuilding or other structure or improvement shall be erected, altered, added onto, placed or repaired on any Lot in the Subdivision until the complete plans including site plans, grading plans, floor plans depicting room size and layouts, exterior elevations, landscape plans, and any other plans or information deemed necessary by the ARC for the performance of its function ("Required Plans"), are submitted and approved in writing by the Architectural Review Authority as to the conformity and harmony of exterior design with existing structures in the Subdivision, the location with respect to topography, existing trees, and finished elevation, and apparent conformity with the requirements of this Declaration. In addition, the Owner shall submit the identity of the individual or company intended to perform the work and projected commencement and completion dates. The Architectural Review Authority shall have the power to employ professional consultants to assist it in discharging its duties and may create and impose reasonable fees for processing of applications.
Within thirty (30) days after the Owner has submitted to the ARC the Required Plans and written notice that the Owner desires to obtain ARC approval, the ARC shall notify Owner in writing whether the Required Plans are approved or disapproved. If plans and specifications are not sufficiently complete or are otherwise inadequate, the ARC may reject them as being inadequate or may approve or disapprove them in part, conditionally or unconditionally, and reject the balance. In the event the plans submitted by the Owner have not been approved or disapproved within thirty (30) days after being submitted, the plans so submitted will be deemed to have been approved but a deemed approval shall not permit a violation of any of the terms of this Declaration nor extend to any deviation from or alteration to the plans actually submitted nor to any matter requiring a written variance.
A decision by the ARC denying an application or request by an Owner for the construction of improvements in the Subdivision may be appealed to the Board. (SEE Appendix B, Consolidated CCRs: ARC DENIAL HEARING PROCEDURES for additional hearing information and hearing agenda.)
In addition to the remainder of Article IV, there is also a good ARC Overview summary document on our website’s Pages & Links page. On that same webpage is a link to the Improvement Request Form that you can complete and submit to Hill Country Management, including supporting documents (plans, sketches, photos, etc.). The Association Manager records the request, ensures it and its supporting documents are complete, and then forwards the request and supporting documents to the Chairperson and members of our HOA’s Architecture Review Authority for that committee’s analysis and decision.
For storage sheds and landscaping improvements in particular, other articles in our CCRs apply, the substance of which are also used by the ARC in their determination to approve or disapprove a plan to install a storage shed or similar outbuilding, or for significant landscaping changes or improvements. Sheds: Article VI, Outbuilding Requirements and Article XXVIII, Building Setbacks. Landscaping: Article XIII, Landscaping.
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*Note: The Texas Property Code was modified by an adopted Texas Legislature bill in 2021 that changed the original “Architecture Review Committee” (ARC) to “Architecture Review Authority,” which the HOA will continue to abbreviate as “ARC.”
These periodic CCR topics intend to remind residents of The Springs of the Covenants, Conditions, and Restrictions (CCR’s) that apply to all Springs residents solely by our election to live in this community. The purpose of the CCR’s is to maintain specific standards for the good of us all, as articulated in their definition:
“THE SPRINGS AT STONE OAK is encumbered by these Restrictive Covenants for the following reasons: to seek to achieve the best and highest use and most appropriate development of the property; to protect lot owners against improper use of surrounding lots; to preserve so far as practical the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate locations; and to secure and maintain proper setbacks from streets and adequate free space.”
If you are a Springs resident who has misplaced your copy of the CCR’s, 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.
