1 Procedures for the ACC of the Canyon Corner POA September 1, 2021 Procedures for the Architectural Control Committee Canyon Corner Property Owners Association Adopted by the Board of Directors August 2, 2021 Effective September 1, 2021 Purpose. The purpose of the Architectural Control Committee (ACC) of the Canyon Corner POA (POA) is to discharge the responsibilities as set forth in the Deed Restrictions of the POA and to comply with the prescribed composition and procedures of all architectural control committees dictated by Texas Property Code, Chapter 29 adopted by the Texas Legislature and effective September 1. 2021.
Membership . The ACC is composed of three members of the POA who are elected annually by simple majority vote of the property owners of the POA at their annual meeting. The initial members of the committee will serve for a term commencing on the date of their election at the 2021 annual meeting and ending December 31, 2022. The terms of subsequent members elected to the committee will commence on January 1 on the year following their election to the ACC and will end on December 31 of the same year.
Qualifications. A person may not be appointed or elected to serve on the ACC if the person is: (1) a current board member; (2) a current board member's spouse; or (3) a person residing in a current board member's household.
Vacancy during term of service . The Board of Directors of the Association shall have the power to fill vacancies on the ACC by appointing qualified members to fill the unexpired term.
Officers. Officers of the ACC shall include a Chair and a Secretary. The officers shall be elected by majority vote of the members of the ACC at their first meeting following their election.
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Officers. Officers of the ACC shall include a Chair and a Secretary. The officers shall be elected by majority vote of the members of the ACC at their first meeting following their election.
General procedures . It is the duty of Chair of the ACC to call meetings of the ACC as needed and to preside at all meetings of the ACC.
It is the duty of the Secretary of the ACC to receive requests for ACC approval from property owners and to forward the requests to other members of the ACC in a timely fashion. The Secretary shall communicate the decision of the ACC to the property owner and the Board of Directors and shall keep minutes and records of all meetings and actions of the ACC, including those conducted by electronic means.
Decisions of the ACC will be made and communicated within thirty (30) days of receipt of the request by the Secretary.
A quorum of the Board is two of the three members. Board action requires the approval of a majority of Board members present (e.g., 2 of 3 or 2 of 2).
2 Procedures for the ACC of the Canyon Corner POA September 1, 2021 Upon proper notice to members, meetings of the ACC may be held by means of a conference telephone or similar communications equipment, another suitable electronic communications system, including videoconferencing technology or the Internet, or any combination of those means. Votes may be registered by email or other electronic means.
The ACC will generally follow the spirit of Roberts Rules of Order in its proceedings.
Appeal of Decisions of the ACC .
A decision by the ACC denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the Board of Directors.
Appeal of Decisions of the ACC .
A decision by the ACC denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the Board of Directors.
The ACC must provide a written notice of the denial to the owner by certified mail, hand delivery, or electronic delivery. The notice must: (1) describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and (2) inform the owner that the owner may request a hearing before the Board on or before the 30th day after the date the notice was mailed to the owner.
The Board shall hold a hearing under this section not later than the 30th day after the date the Board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing.
During a hearing, the Board or the designated representative of the property owners' association and the owner or the owner's designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner's application or request for the construction of improvements, and the changes, if any, requested by the ACC in the notice provided to the owner.
The Board or the owner may request a postponement. If requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.
The property owners' association or the owner may make an audio recording of the meeting.
The Board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision's declaration.