Estates on Rush Creek Homeowner's

Key facts from Estates on Rush Creek Homeowner's's documents

Reflects the 1994 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowner's Association (Article I (a) 'Association shall mean an)

Legal name

Estates On Rush Creek Homeowner'S

Units / lots

Not explicitly stated; subdivision plat referenced. Amendments list many Lot owners. (N/A)

Governing law

Texas Property Code Section 209.0041 (amendment vote requirement); Section 202.004 (liberal construction) (Fourth Amendment Preamble; Third Amendme)

Assessments & dues

Regular maximum $100 per Lot per month initially. (Section 6.05(a) 'the maximum regular ass)

Special assessments

For capital improvements, with affirmative approval of majority of Association (Section 3.03). (Section 6.06)

Collections & liens

Unpaid assessments become a lien on the Lot, superior to all except prior mortgages and taxes. Foreclosure allowed. (Sections 6.02, 6.03)

Reserves & fees

Board may establish reserve funds, separate trust accounts. (Section 4.05)

Leasing & rentals

Not explicitly addressed in original; later amendments do not prohibit but signs allowed for rent. (Section 9.06 (signs for rent))

Parking & vehicles

Trucks over 3/4 ton not allowed overnight; boats, trailers, campers, etc. must be stored in garage or hidden. (Section 9.10)

Fences

No chain link visible; max 8 ft height; wood or acceptable material; double-faced; brick pillars if facing street; must be set back at least 10 ft from street; cannot extend more than 15% of lot width from house to side property line. (Section 9.06 (fences))

Architectural approval

Architectural Control Committee approval required for plans and specifications; no construction until approved (Article IX, Section 9.12; Article X)

Solar & roof

Roofs must be constructed of cedar wood shingles, wood shake, slate, tile, metal, or other three-dimensional material approved by Committee; no composition-type shingles; roof pitch minimum 8 feet by 12 feet, maximum 12 feet by 12 feet unle (Article IX, Section 9.04)

Home business

No business, religious, political or propaganda activities on Common Properties. Residential use only. (Section 8.04 and 9.01)

Signs & flags

Limited: builder sign up to 9 sq ft during construction, 'for sale' or 'for rent' sign up to 9 sq ft, development signs, security company signs (two, ground mounted, reasonable size), temporary signs with ACC approval. (Section 9.06 (signs subparagraph))

Setbacks / home size

Front: 20 ft for Lots 2R,3R,4R,11 of Block? Actually 20 ft for those lots, 40 ft for all other lots. Side: as designated on recorded plat. (Section 9.05)

Maintenance

Association responsible for Common Properties; Owners responsible for their Lots and improvements (Article IV, Section 4.01; Article V)

Insurance

Association may purchase insurance covering Common Properties, including fire/hazards, public liability/property damage, fidelity bond, officers' and directors' liability (Article VII, Section 7.01)

Use restrictions

All Lots shall be used for residential purposes only. Single-family dwelling and private garage allowed. (Section 9.01)

Voting & meetings

Three classes: Class A (Lot owners) one vote per Lot; Class B (builders) non-voting; Class C (Declarant) two votes per Lot owned plus two per all Class B votes. (Article III, Section 3.02)

Amendments

Declaration may be amended by resolution of Board evidencing 75% of Owners consent, executed by President. Texas Property Code now requires 67% of total votes allocated. Fourth Amendment confirms one vote per Lot. (Paragraph 12.04, Fourth Amendment)

Amenities

Common Properties include private streets, gate/guard structures, common green areas, recreational easements, greenbelts, open spaces; gatehouse entry point; electronic entry gate; security personnel (unarmed at gatehouse, armed patrol) (Article I(b); Article VII, Section 7.04)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.