Timber Creek Square Owners Association

What Timber Creek Square Owners Association's governing documents say

This document is a first amendment to the Restated Declaration of Covenants, Conditions, and Restrictions for Timber Creek Square Owners Association, a residential homeowners association (HOA) in Benbrook, TX. It adds new rental restrictions to the community's governing rules, binding unit owners and their tenants. The amendment aims to keep the community predominantly owner-occupied by capping rentals and setting lease terms.

• Leasing & rentals: Rental of units is limited to 5% of total units in the association. No owner may lease a unit during the first 12 months of ownership, except active-duty military personnel (including reserves and National Guard) who give written notice. All leases must be in writing, for the entire unit, and for a minimum term of 12 months (transient or short-term leases under 12 months are prohibited). A copy of the lease must be provided to the association within 24 hours of execution. The owner must provide the tenant with the Declaration, Bylaws, and Rules and Regulations; the tenant must acknowledge receipt and comply.
• Cap and priority system: The number of rental units is capped at 5% of total units (currently 34 units total, so a maximum of 1 or 2 rental units based on rounding? The text is unclear but states 5% limit). If the cap is reached, a waiting list is established with priority given to owners who have owned the longest, determined by date of ownership. A 'sale or transfer of ownership' (including by will, probate, or transfer of controlling interest in a corporation/LLC) triggers a new 12-month ownership period before that owner can rent, and they must join the waiting list.
• Grandfathering of existing rentals: Current owners who are already renting their units as of the adoption date are allowed to continue renting as long as they own the unit (without being subject to the 12-month ownership rule? The text says 'as long as the owner continues to own the unit' but also that upon sale or transfer the new owner must wait one year. It appears existing rental owners are grandfathered.)
• Fees & deposits: A rental unit is subject to a $15 monthly or $180 annual administrative fee to cover additional work by the association. The board may increase or decrease this fee at its discretion.
• Enforcement & liability: The association may enforce these rental restrictions by fining the owner per its Fining and Enforcement Policy and the Texas Property Code, seeking injunctive relief, or other legal remedies. The association is not liable for any loss of rent or expenses from eviction if the association causes the eviction. Leases must include an assignment of rent to the association to secure payment of past-due assessments or fines.
• What this document doesn't cover: This amendment only adds rental restrictions; it does not cover other typical HOA topics such as architectural review, parking, pets, maintenance responsibilities, or assessment amounts. Those are likely in the original Declaration or other documents.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.