2022085335 CERT Total Pages: 9 CERTIFIED RESOLUTIONS OF THE BOARD OF DIRECTORS OF STONE OAK HOMEOWNERS ASSOCIATION, INC.
ADOPTION OF PROCEDURES AND GUIDELINES FOR THE EXERCISE OF ARCHITECTURAL REVIEW AUTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE The undersigned, , as the duly elected, qualified, and acting Director of Stone Oak Homeowners Association, Inc., a Texas nonprofit corporation (the "Association"), hereby certifies on behalf of the Association that the following resolutions were duly adopted by the Board of Directors of the Association (the "Board") at a meeting of the been amended or rescinded and are in fill force and effect on the date hereof.
WHEREAS, the Association is a property owners association governed by Chapter 209 of the Texas Property Code and is vested with the authority to enforce restrictive covenants and other terms and provisions of that certain Master Declaration of Covenants, Conditions, and Restrictions, recorded at Document No. 1996028704 in the Official Public Records of Williamson County, Texas, as may be amended from time to time (collectively, the "Declaration").
WHEREAS, Chapter 209 of the Texas Property Code imposes certain procedures for the denial of a property owner's application for architectural review of proposed construction or modification of an improvement and establishes procedures for appealing a denial of an application for architectural review to the Association's Board of Directors WHEREAS, the Board desires to adopt procedures and guidelines for conducting architectural review of a property owner's application for proposed construction or modification
ation's Board of Directors WHEREAS, the Board desires to adopt procedures and guidelines for conducting architectural review of a property owner's application for proposed construction or modification of an improvement in compliance with Chapter 209 of the Texas Property Code.
NOW, THEREFORE, BE IT RESOLVED, that the Board hereby adopts the procedures and guidelines set forth on Exhibit "A", attached hereto and incorporated herein by reference.
BE IT RESOLVED, FURTHER, that, the Director of the Association is hereby authorized and empowered, in the name and on behalf of the Association, from time to time to do and perform all such further acts and things and to execute and deliver all such further instruments as he or she may deem necessary or advisable to carry out and effectuate the intent and purposes of the foregoing resolutions and of the actions referred to therein.
BE IT RESOLVED, FURTHER, that any actions taken by the officers or directors of the Association prior to the date of this action or hereafter that are within the authority conferred hereby are hereby ratified, confirmed and approved as the act and deed of the Association.
[SIGNATURE PAGE FOLLOWS] STONE OAK HOMEOWNERS ASSOCIATION, INC.
RESOLUTION ADOPTING PROCEDURES AND GUIDELINES FOR THE EXERCISE OF ARCHITECTURAL REVIEW A UTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE CERTIFICATE OF ADOPTION IN WITNESS WHEREOF, the undersigned has executed this Certificate as Director on behalf of the Association to be effective upon the recording of this document in the Official Public Records of Williamson County, Texas.
Tiw^Director STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on X , Director of Stone Oak Homeowners Association, Inc., a
ublic Records of Williamson County, Texas.
Tiw^Director STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on X , Director of Stone Oak Homeowners Association, Inc., a Texas non-profit corporation, on behalf of said non-profit corporation.
TrX3Stary Public Slmature AFTER RECORDING PLEASE RETURN TO; Gregory S. Cagle CAGLE PUGH, LTD. LLP 4301 Westbank Drive, Ste. A-150 Austin, Texas 78746 STONE OAKHOMED WNERS ASSOCIA TION, INC.
RESOLUTION ADOPTING PROCEDURES AND GUIDELINES FOR THE EXERCISE OF ARCHITECTURAL REVIEW A UTIIORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE EXHIBIT A STONE OAK HOMEOWNERS ASSOCIATION, INC.
PROCEI^URES AND GUIDELINES FOR THE EXERCISE OF ^CHITECTURAL REVIEW AUTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE ARTICLE I Introduction The architectural review of applications for construction or modification of improvements is a vital task for ensuring that improvements constructed in Stone Oak Homeowners Association, Inc.
community (the "Community") are in! compliance with the terms and provisions of the governing documents applicable to the communityj. Such task commonly involves a high degree of discretion^ determinations, which may be scrutinize or disagreed with by others after the fact. In order to provide greater transparency and procedures for redress when property owners disagree with architectural review decisions conceming their property, the Texas legislature enacted Section 209.00505 of the Texas Property Code, which imposes new procedures for the denial of a property owner's application for arcMtectural review and establishes procedures for appealing a denial of an application for architectural review to the property owners association's board of directors.
operty owner's application for arcMtectural review and establishes procedures for appealing a denial of an application for architectural review to the property owners association's board of directors.
These procedures and guidelines are intended to assist the Architectural Review Committee, (the "Architectural Committee") in the review and approval or denial of an application for architectural review of proposed construction or modification of an improvement and, if applicable, the appellate review of a denied application (the "Guidelines"). The Guidelines have been prepared by the Cagle Pugh law firm specifically for the Architectural Committee and the Board of Directors (the "Board") of Stone Oak Homeowners Association, Inc., (the ^Association") and are based on that certain Master Declaration of Covenants, Conditions, and Restrictions, recorded at Document No. 1996028704 in the Official Public Records of WiUiamson County, Texas, as amended from time to time (collectively, the "Declaration").
ARTICLE H Purpose The purpose of the Architectural Committee is to serve as a "gate-keeping" function for the construction of improvements in a development. In most Declarations, property ovraers are required to submit an application for the construction of new improvements or the modification of existing improvements to the Architectural Comnuttee for its review in advance of initiating construction, and the Architectural Committee is vested with exclusive discretion to determine whether such proposed construction of new improvements or modification of existing improvements is in compliance with the Restrictive Covenants applicable to the community. Often such task also involves a subjective
oposed construction of new improvements or modification of existing improvements is in compliance with the Restrictive Covenants applicable to the community. Often such task also involves a subjective determination as to whether the proposed' construction is aesthetically attractive and harmonious with the other structures in the community. Hie authority to review and approve construction of new improvements and/or modifications to existing improvements is generally referred to as the "Architectural Review Authority." ' j ARTICLE HIImprovements Requiring Approval of the Architectural Committee The necessity of obtaining approval from an architectural committee is derived from a land-use restriction contained in the dedicatory insinunents applicable to the community. Such land-use restriction will often restrict property owners from constructing or modifying certain improvements, buildings and/or i STONE OAK HOMEOWNERS ASSOCIATIOi^, INC.
PROCEDURES AND GUIDELINES FOR THE EXERCISE OF ARCHITECTURAL REVIEW AUTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE EXHIBIT A structures without the advance written approval of the architectural committee. The scope of items requiring approval of the architectural conunittee is specified by the dedicatory instruments applicable to the community.
The Declaration for the Community requires the following items to be submitted to and approved by the Architectural Committee: | 1. No Improvement shall| be commenced, erected, constructed, placed or maintainedupon any Lot, nor shall any exterior addition to or change or alteration therein be made until the Plans and Specifications therefor shall have been submitted to in accordance herewith and approved in writing. (Section 6.1 of the Declaration)
ion to or change or alteration therein be made until the Plans and Specifications therefor shall have been submitted to in accordance herewith and approved in writing. (Section 6.1 of the Declaration) 2. Pursuant to the Declaration, Improvement shall mean every structure and all appurtenances thereto of every type and kind located on the Property, including but not limited to buildings, outbuildings, storage sheds, patios, tennis courts, swimming pools, basketball goals, playscapes, garages, storage buildings, fences, trash enclosures, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning units, water softener fixtures or equipment^ and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in coimection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
(Section 1.15 of the D|eclaration) ARTICLE IV Scope of Architectural Review Authority The authority of the Architectural Committee to approve or deny a property owner's application to construct or modify an improvement !is not without limitation. In a 1981 case law opinion, entitled improvements are valid "insofar as they furnish adequate notice to the homeowners of the specific restriction sought to be enforced" and that an architectural committee may not impose building restrictions upon property owners that are more stringent than those specifically set out in the dedicatory instruments through its discretionary authority to disapprove proposed construction projects. In other
ns upon property owners that are more stringent than those specifically set out in the dedicatory instruments through its discretionary authority to disapprove proposed construction projects. In other words, even if a dedicatory instrument I vests an architectural committee with discretionary approval authority, the architectural committee is not permitted to alter or expand the specific building restrictions or to impose limitations on a property owner's construction or remodeling project that are more restrictive than the specific restrictions set out elsewhere in the dedicatory instrument. Thus, the scope of an architectural committee's review of an [application for proposed construction or modification of animprovement is generally dictated by the express provisions of the dedicatory instrument establishing such committee, and an architectursd committee may not exercise architectural review authority over characteristics of a proposed improvement that is not expressly within such scope of review.
The permitted scope of Architectural Review Authority by the Architectural Committee established by the Declaration is as follows: 1. All Improvements shalljbe constructed in accordance with the criteria set forth inthe Declaration. (Section 6.8 of the Declaration) STONE OAKHOMEOWNERS ASSOCIATION, INC.
PROCEDURES AND GUIDELINES FOR THE EXERCISE OF ARCHITECTURAL REVIEW AUTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE EXHIBIT A All Improvements shdl be constructed in accordance with the Design Guidelines, and the Architectural Review Committee shall have the authority to disapprove any proposed Improvements based on the restrictions set forth in the Design
cted in accordance with the Design Guidelines, and the Architectural Review Committee shall have the authority to disapprove any proposed Improvements based on the restrictions set forth in the Design Guidelines. (Section ^.8 of the Declaration)To ensure that the Improvements will be of an architectural style and material that are compatible with the other structures in the Property. (Section 6.10 of the Declaration) |To ensure that the Improvements will not violate any restrictive covenant or encroach upon any easement or cross platted building set back lines. (Section 6.10 of the Declaration) To ensure that the hnpjrovements will not result in the reduction in property value, use or enjoyment of any of the Property. (Section 6.10 of the Declaration) To ensure Aat the individual or company intended to perform the work is acceptable to the Architectural Review Committee. (Section 6.10 of the Declaration) To ensure that the Improvements will be substantially completed, including all cleanup, within three (3) months of the date of commencement (6 months for the construction of a comijlete house). (Section 6.10 of the Declaration) ARTICLE V Variance Authority It is very common for a dedicatory instrument to vest an architectural committee with the power to grant a property owner a variance from compliance with one or more of the land-use restrictions in the dedicatory instrument regarding construction or modification of an improvement. When such variance authority is granted to an architectural cornmittee it may be limited to certain types of land-use restrictions or the architectural committee may be restricted from gifting a variance except in limited circumstances where the architectural committee determines there is good cause or justification for allowing the
the architectural committee may be restricted from gifting a variance except in limited circumstances where the architectural committee determines there is good cause or justification for allowing the deviation and such variance will not havej an adverse impact on the community.
The Declaration does grant the Architectural Committee the authority to grant variances from compliance with any of the provisions of this Declaration, any Supplemental Declaration or the Design Guidelines, when, in the opinion of the Architectural Review Committee, in its sole and absolute discretion, such variance will not impair or detract from the high-quality development of the Property, and such variance is justified due to unusual or aesthetic considerations or unusual circumstances.
In addition, the Architectural Committee may grant conditional variances (i.e., variances that are conditioned upon Ae continued existence of certain conditions) or temporary variances (i.e., variances that expire upon the expiration of specifiejd period of time or upon an event, such as the sale of the lot).
All variances must be evidenced by a written instrument, in recordable form, and must be signed by at least two (2) of the Voting Members. The granting of such variance shall not operate to waive or amend any of the terms and provisions ofi these covenants and restrictions applicable to the Lots for any purpose except as to the particular propeny and in the particular instance covered by the variance, and such variance shall not be considered to establish a precedent or future waiver, modification or amendment of the terms and provisions contained in the Declaration.
STONE OAKHOMEOWNERS ASSOCIATION, INC.
PROCEDURES AND GUIDELINES FOR THE EXERCISE OF ARCHITECTURAL REVIEW AUTHORITY
, modification or amendment of the terms and provisions contained in the Declaration.
STONE OAKHOMEOWNERS ASSOCIATION, INC.
PROCEDURES AND GUIDELINES FOR THE EXERCISE OF ARCHITECTURAL REVIEW AUTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE EXHIBIT A ARTICLE VI Time Period for Review!
The Declaration provides that an application for architectural review must be completed and communicated to the requesting property owner (or his or her representative) within twenty-one (21) days after receipt of all of the information r^uired by the Architectural Committee. It is very important that the Architectural Committee comply wiA this deadline as the failure to do so will result in an approval of the application by default. I j If the Architectural Committee does not have sufficient information fi-om the requesting property owner to be able to approve an applicaiion within the specified time period to do so, the Architectural Committee should deny the application for such reason before the explanation of the deadline, request the additional information needed to perform a review of the application, and inform the requesting property owner that the application will be reconsidered by the Architectural Committee upon receipt of the requested information.
ARTICLE VII Denial of an Application Section 209.00505 of the Texas Property Code requires all denials of an application for construction or modification of an improvement to be in writing and delivered to the requesting property owner by certified mail, hand-delivery, or electronic delivery. The written denial must also (1) describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements
y certified mail, hand-delivery, or electronic delivery. The written denial must also (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 property owner that he or she may request a hearing with the board of directors for tlie purpose of appealing the denial by the architectural committee electronically delivered to the property owner.
Based on the permitted scope of [Architectural Review Authority described above, an application may be denied by the Architectural Committee for one (1) or more of the following reasons: 1. The proposed Improvement fails to comply with the criteria set forth in the Declaration.
2. The proposed Improvement project fails to comply with criteria set forth in the guidelines adopted by the Architectmal Committee.
3. The proposed Improvement is not of an architectural style and material that are compatible with the other structures in the Property.
4. The proposed Improvement encroaches upon an easement or cross platted building set back line.
5. The proposed Improvement will result in the reduction in property value, use or enjoyment of the Property.!
6. The individual or comjjany intended to perform the proposed Improvement is not acceptable to the Architectural Review Committee.
STONE OAKHOMEOWNERS ASSOCIAHON, INC.
PROCEDURES AND GUIDELINES FOR THEpiERCISE OF ARCHITECTURAL REVIEW AUTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE EXHIBIT A 7. The proposed Improvement will not be substantially completed, including all cleanup, within three (3) months of the date of commencement (6 months for the
R 209 OF THE TEXAS PROPERTY CODE EXHIBIT A 7. The proposed Improvement will not be substantially completed, including all cleanup, within three (3) months of the date of commencement (6 months for the construction of a comj^lete house).
A template letter for denial of |an application that conforms to the Architectural Committee's scope of Architectural Review Authority imder the Declaration and complies with the requirements of Section 209.00505 of the Texas Proper^ Code is attached hereto as Exhibit A-1 and the Architectural Committee is strongly encouraged to use such template when denying a property owner's application for architectural review. The denial of an application letter should state all applicable reasons for the denial.
I 1 ARTICLE Vni Appjellate Review by the Board If a request for an appellate review hearing is timely received from a property owner, the Board must conduct an appellate review hearing not later than the thirtieth (30'"') day after the date the Board receives the property owner's request and the Board must provide the property owner notice of the date, During an appellate review hearing, the Board, or a designated representative of the Association, and the owner, or his or her designated representative, will each be provided the opportunity to discuss, verify facts, and resolve the denial of the property owner's application or request for the construction or modification of an improvement, and thcj changes, if any, requested by the architectural committee in the written denial provided to the property owner.
The Board or the property owner may request a postponement of the scheduled hearing. If
changes, if any, requested by the architectural committee in the written denial provided to the property owner.
The Board or the property owner may request a postponement of the scheduled hearing. If requested, a postponement shall be granted for a period of not more than ten (10) days. Subsequent postponements may be granted by agre^ent of the parties. The Association and/or the property owner may make an audio recording of the appellate review hearing.
The Board is authorized to affirm, modify, or reverse, in whole or in part, any decision of the Architectural Committee concerning an application for construction of an improvement, as consistent with the Declaration. In other words, the Board is limited to the same scope of architectural review as the Architectural Committee.
STONE OAK HOMEOWNERS ASSOCIATION, INC.
PROCEDURES AND GUIDELINES FOR THE EXERCISE OF ARCHITECTURAL REVIEW AUTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE EXHIBIT A-1 STONE OAK HOMEOWNERS ASSOCIATION, INC.1 Architectural Review Committee I ,2021 [Insert Owner Name] ! Via Certified Mail, Hand-Delivery, and/or Electronic Delivery RE: Denial of application for construction or modification of improvement at (the "Property") submitted to the Architectural Review Committee (the "Committee") on , 2021 (the "Application") ' Dear [insert owner name]: Thank you for your submission df the Application. The Committee has denied the Application for the following reasons: ' D The proposed Improvement fails to comply with the criteria set forth in the Declaration.
D The proposed Improvement project fails to comply with criteria set forth in the guidelines adopted bythe ArcWtectural Committee.
ement fails to comply with the criteria set forth in the Declaration.
D The proposed Improvement project fails to comply with criteria set forth in the guidelines adopted bythe ArcWtectural Committee.
D The proposed Improvement is not of an architectural style and material that are compatible with theother structures in the Property. jI D The proposed Improvement encroaches upon an easement or cross platted building set back line.
D The proposed Improvement will result in the reduction in property value, use or enjoyment of theProperty. |!
D The individual or company intended! to perform the proposed Improvement is not acceptable to theArchitectural Review Committee.
D The proposed Improvement will not be substantially completed, including all cleanup, within three (3)months of the date of commencement} (6 months for the construction of a complete house).
D The submitted Application failed tp include information required by the applicable dedicatoryinstrument and/or requested by the Committee. Please provided the required/requested information and the Committee will reconsider the Application D Other: ^ [if applicable - add the following provision] Notwithstanding the denial above, the Committee shall reconsider its denial and approve the Application on the following conditions: STONE OAKHOMEOWNERS ASSOCIATION, INC.
PROCEDURES AND GUIDELINES FOR THE J^RCISE OF ARCHITECTURAL REVIEW AUTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS PROPERTY CODE EXHIBIT A-1 Pursuant to Section 209.00505 of the Texas Property Code, you may request an appellate review hearing with the Board of Directors of Stone Oak Homeowners Association, Inc., (the "Board"). A
ing with the Board of Directors of Stone Oak Homeowners Association, Inc., (the "Board"). A from the date this notice was transmitted to you at the following mailing and/or email address: Sincerely, [insert name] [insert title] 7?)7H6 FILED AND RECORDEDOFFICIAL PUBLIC RECORDS 2022085335 CERT Fee: $58.00 07/18/2022 10:25 RN OSRLINRS Nancy E. Rlster, County 01 Nancy E. Foster. County Clerk Uilliatnson County, Texas Sra/VE OAK HOMEOWNERS ASSOCIA TION,\ INC.
PROCEDURES AND GUIDELINES FOR THE EXERCISE OF ARCHITECTURAL REVIEW AUTHORITY PURSUANT TO CHAPTER 209 OF THE TEXAS ^ROPERTYCODE