THHOA TERMS OF THE GOVERNING DOCUMENTS SUPER SEDED BY STATUTORY CHANGE Terms Superseded by Statute Page 1 of 7 Declaration of Covenants, Restrictions and Easements The foregoing section of the Amended and Restated Declaration of Covenants, Restrictions and Easements dated April 16, 2018, have been re -interpreted based on the statutory provisions of Texas Property Code Section 209.00 65 – Credit Reporting Services , effective September 1, 2021 (https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm ). Th is section ha s not bee n formally amended but is limited and impacted by State law. See Legislative Changes review, 2021 item 5.
4.08 Effect of Non -payment of Assessments .
(b) Automatic Remedies .
(iii) the Association may notify any credit bureau and/or any mortgagee or other lien holder with respect to the applicable Lot as to any default under the governing documents, including delinquency in payment of assessments and any other monetary amounts due to the Association , however, before reporting delinquencies to a credit bureau, th e Association must: provide notice to the Owner at least 30 days before reporting , including a detailed report of delinquent charges owed ; provide an opportunity for a payment plan in accordance with Section 4.08(c) and the Bylaws; may not report disputed charges ; and may not charge fees for the reporting ; and/or The foregoing sections of the Amended and Restated Declaration of Covenants, Restrictions and Easements dated April 16, 2018, have been re-interpreted based on the statutory provisions of Texas Property Code Section 209.00505 - Architectural Review Authority, effective September 1, 2021 (https://s tatutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm ). These sections have not
ions of Texas Property Code Section 209.00505 - Architectural Review Authority, effective September 1, 2021 (https://s tatutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm ). These sections have not been formally amended but are limited and impacted by State law. See Legislative Changes review, 2021 item 2.
5.01Architectural Review Committee - Creation and Composition (c) In the event that insufficient Members of the Association agree to serve on the THARC, the Board shall appoint the remaining members necessary to fill the remaining vacancies, up to the minimum number of members of the THARC, from among the Board’s members, wh o shall serve only until non -Board members are identified to serve. The Board’s members, their spouses and other members of their household may not serve on the THARC during the term of the Board member.
5.03 Officers, Subcommittees and Compensation . The members of the THARC shall appoint a Chairman (which position shall be held by the President of the Board if the powers of the THARC are vested in the Board) from among their number and may appoint from among their number such other offic ers and subcommittees of members of the THARC as they shall from time to time determine necessary. The members of the THARC THHOA TERMS OF THE GOVERNING DOCUMENTS SUPER SEDED BY STATUTORY CHANGE Terms Superseded by Statute Page 2 of 7 shall be reimbursed by the Association for reasonable traveling expenses and other reasonable out -of-pocket costs incurred in the pe rformance of their duties as member of the THARC.
5.04 Operations of the THARC .
(a) Meetings . The THARC shall hold a regular meeting within thirty (30) days of any properly submitted request or more often as may be established by the
of the THARC.
5.04 Operations of the THARC .
(a) Meetings . The THARC shall hold a regular meeting within thirty (30) days of any properly submitted request or more often as may be established by the THARC. Other Regular and Speci al meetings may be called by the Chairman and shall be called by the Chairman upon the written request of a majority of the members of the THARC then in office. Regular and special meetings of the THARC shall be held at such time and at such place as the T HARC shall specify. Notice of each regular or special meeting of the THARC shall be mailed to each member thereof at his residence or at his usual place of business at least ten (10) days before the day the meeting is to be held. Notice of regular and spec ial meetings need not specify the purpose or purposes for which the meeting is called. Notice of a meeting need not be given to any member of the THARC who signs a waiver of notice either before or after the meeting. Attendance of a member of the THARC at a meeting shall constitute a waiver of notice of such meeting and shall constitute a waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, except when the member states , at the beginning of the meeting, any such objection or objections to the transaction of business. At each meeting of the THARC, the presence of a majority of the members then in office shall constitute a quorum for the transaction of business. Except as otherwise provided herein, the act of a majority of the members of the THARC present at any regular or special meeting thereof at which a quorum shall be present shall constitute an act of the THARC . At any adjourned meeting at which a quorum is present, a ny business may be
present at any regular or special meeting thereof at which a quorum shall be present shall constitute an act of the THARC . At any adjourned meeting at which a quorum is present, a ny business may be transacted which might have been transacted at the meeting as originally called. The THARC shall maintain both a record of votes and minutes for each of its meetings. The THARC shall make such records and minutes available at reasonable places and times for inspection by members of the Association and by the Association’s Secretary. Any action required to be taken at a meeting of the THARC, or any action which may be taken at a meeting of the THARC, may be taken without a meeting if writt en consent, setting forth the action so taken, shall be signed by all the members of the THARC and be filed with the minutes of the proceedings of the THARC. Such consent shall have the same force and effect as a unanimous vote, and may be stated as such i n any document filed by the THARC. If the Board is then acting as the THARC, then meetings of the THARC may be held contemporaneously with a meeting of the Board held in accordance with the requirements set forth in the Bylaws of the Association, and the minutes of the THARC may be set forth in the same document as the minutes of the Board.
(b) Activities .
(i) The THARC shall adopt and promulgate the Design Guidelines described in Section 5.05 hereof and shall, as required, make findings, determinations, rulings a nd orders with respect to the conformity with said Design THHOA TERMS OF THE GOVERNING DOCUMENTS SUPER SEDED BY STATUTORY CHANGE Terms Superseded by Statute Page 3 of 7 Guidelines of plans and specifications submitted for approval to the THARC pursuant to
gn THHOA TERMS OF THE GOVERNING DOCUMENTS SUPER SEDED BY STATUTORY CHANGE Terms Superseded by Statute Page 3 of 7 Guidelines of plans and specifications submitted for approval to the THARC pursuant to the provisions of this Declaration. The THARC shall, as required, issue permits, authorizations or approvals, w hich may include specific requirements or conditions, pursuant to the provisions of this Declaration.
(i) Any two (2) or more members of the THARC (if there are 3 directors then acting) or any three (3) or more members of the THARC (if there are 5 directors then acting) may be authorized by the THARC to exercise the full authority of the THARC with respect to all matters over which the THARC has authority as may be specified by resolution of the THARC , except with respect to the adoption or promulgation of the Design Guidelines. The unanimous action of the majority of directors with respect to the matters specified shall be final and binding upon the THARC and upon any applicant for an approval, permit or authorization, subject, however, to review and modification by the THARC on its own motion or appeal by the applicant to the THARC as provided in this paragraph. Written notice of the decision of such majority of directors shall, within five (5) workin g days thereof, be given in writing ( by certified mail, hand delivery, or electronic delivery ) to any applicant for an approval, permit or authorization. In the event of a denied request, the notice of the decision must include the basis of the denial consistent with the provisions of Section 5.08 herein , and include notice of the applicant’s right to appeal such denial to the Board. The applicant may, within ten thirty (1030) days after
e denial consistent with the provisions of Section 5.08 herein , and include notice of the applicant’s right to appeal such denial to the Board. The applicant may, within ten thirty (1030) days after receipt of notice of any deci sion which he deems to be unsatisfactory, file a written request to have the matter in question reviewed by the THARC Board . Upon the filing of any such request, the matter with respect to which such request was filed shall be submitted to, and reviewed pro mptly by, the Board, but in no event later than thirty (30) days after the filing of such request. The Board must provide notice of the hearing, including the date, time, and location of the meeting at least ten ( 10) days before the hearing date. Both parties (Board and applicant ) have the right to a postponement of not more than ten (10) days, or longer by mutual agreement . Either party is permi tted to make an audio recording of the meeting . The decision of a majority of the members of the Board with resp ect to such matter shall be final and binding.
The foregoing section of the Amended and Restated Declaration of Covenants, Restrictions and Easements dated April 16, 2018, have been re -interpreted based on the statutory provisions of Texas Property Code S ection 20 2.020 – Certain Sales of Beverages by Children , effective September 1, 20 19 (https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm ). This section ha s not been formally amended but is limited and impacted by State law. See Legislative Changes review, 2019 item 1.
6.33 Prohibited Activities.
(a) Garage and Other Sales . Garage sales, es tate sales, rummage sales, yard sales and other similar events , other than occasional non -alcoholic beverage (e.g.,
item 1.
6.33 Prohibited Activities.
(a) Garage and Other Sales . Garage sales, es tate sales, rummage sales, yard sales and other similar events , other than occasional non -alcoholic beverage (e.g., lemonade) sales by children with the permission or the property owner , are prohibited.
THHOA TERMS OF THE GOVERNING DOCUMENTS SUPER SEDED BY STATUTORY CHANGE Terms Superseded by Statute Page 4 of 7 The foregoing section of the Amended and Restated De claration of Covenants, Restrictions and Easements dated April 16, 2018, have been re -interpreted based on the statutory provisions of Texas Property Code Section 20 2.018 – Regulation of Display of Certain Religious Items , effective September 1, 2021 (https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm ). This section ha s not been formally amended but is limited and impacted by State law. See Legislative Changes review, 2021 i tem 9.
6.34 Protected Property Uses and Devices .
(k) Display of Certain Religious Items . Owners may place on their Lot, display or affix on the entry to the Residence one or more religious items, the display of which is motivated by the Owner's sincere religi ous belief, within the following guidelines.
The religious item may not: (1) threaten the public health or safety; (2) violate a law; or (3) contain language, graphics, or any display that is patently offensive to a passerby ; (4) be in a location other tha n the entry door or door frame or extends past the outer edge of the door frame of the Residence; or (5) individually or in combination with each other religious item displayed or affixed on the entry door or door frame has a total size of greater than 25 square inches . Except as otherwise provided by this Section, this Section does not
each other religious item displayed or affixed on the entry door or door frame has a total size of greater than 25 square inches . Except as otherwise provided by this Section, this Section does not authorize an Owner to use a material or color for an entry door or door frame of the Residence or make an alteration to the entry door or door frame that is not approved by the THARC.
THHOA TERMS OF THE GOVERNING DOCUMENTS SUPER SEDED BY STATUTORY CHANGE Terms Superseded by Statute Page 5 of 7 Bylaws The foregoing section of the Amended and Restated Bylaws of Trinity Heights Homeowner’s Association, Inc., dated April 16, 2018, ha s been re -interpreted based on the statutory provisions of Texas Property Code Section 209.00 591 – Board Membership , effective September 1, 20 19 (https://statutes.capitol.texas.go v/SOTWDocs/PR/htm/PR.209.htm ). Th is section ha s not been formally amended but is limited and impacted by State law. See Legislative Changes review, 2019 item 3.
2.2.4 Co-Owner or Cohabitant as Member . Co -Owners of a single lot or Cohabitants of the same primary residence may not serve on the Board at the same time. Co -Owners of more than one Lot may serve on the Board at the same time, provided the number of co -owners serving at one time does not ex ceed the number of lots they co -own.
The foregoing section s of the Amended and Restated Bylaws of Trinity Heights Homeowner’s Association, Inc., dated April 16, 2018, have been re -interpreted based on the statutory provisions of Texas Property Code Section 209.005 1 – Open Board Meetings , effective September 1, 2021 (https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm ). These sections have not been
provisions of Texas Property Code Section 209.005 1 – Open Board Meetings , effective September 1, 2021 (https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm ). These sections have not been formally amended but are limited and impacted by State law. See Legislative Changes review, 2021 item 3.
2.7.8 Open Board Meeting Rules .
(5) Notice Procedures for Open Board Meetings . Members shall be given notice of the date, hour, place, and general subject of a regular or special Board meeting, including a general description of any matter to be brought up for deliberation in executive session. The notice shall b e: (a) mailed to each property Owner not later than the 10th day or earlier than the 60th day before the date of the meeting; or (b) provided at least 72 hours before the start of the a special meeting or 144 hours before the star of a regular meeting by: (i) posting the notice in a conspicuous manner reasonably designed to provide notice to Association Members; and (b) by Electronic Means including posting the information to the Association’s website and sendi ng the notice by e -mail to each Member who has registered an e -mail address with the Association. It is a Member’s duty to keep an updated e -mail address registered with the Association.
(8) Actions Not Permitted Without Notice Procedures for Open Board Meetings . The Board may not, without prior notice to Members under the Notice Procedures for Open Board Meetings, consider or vote on: (a) fines; (b) damage assessments; (c) initiation of foreclosure actions; (d) initiation of enforcement actions, excludin g temporary restraining orders or violations involving a threat to health or safety; € increases in assessments; (f) levying of special assessments; (g) appeals from a denial of
ment actions, excludin g temporary restraining orders or violations involving a threat to health or safety; € increases in assessments; (f) levying of special assessments; (g) appeals from a denial of THARC approval; or (h) a suspension of a right of a particular Member before t he Member THHOA TERMS OF THE GOVERNING DOCUMENTS SUPER SEDED BY STATUTORY CHANGE Terms Superseded by Statute Page 6 of 7 has an opportunity to attend a Board meeting to present the member’s position, including any defense, on the issue ; or (i) budget amendments of any size .
The foregoing section of the Amended and Restated Bylaws of Trinity Heights Homeowner’s Association, Inc., dated April 16, 2018, have been re -interpreted based on the statutory provisions of Texas Property Code Section 209.00 7 – Hearing Before Board ; Alternative Dispute Resolution , effective September 1, 2021 (https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm ).
This section ha s not been formally amended but is limited and impacted by State law. See Legislative Changes review , 2021 item 6.
2.8.4 Hearing Before Board & Alternative Dispute Resolution .
(3) Time for Hearing . The Association 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. Such notice shall include the evidence the Association intends to introduce The Board or the Owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 1015 days. Additional postponements may be granted by agreement of the
Board or the Owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 1015 days. Additional postponements may be granted by agreement of the parties. The Owner or the Association may make an audio record ing of the meeting.
THHOA TERMS OF THE GOVERNING DOCUMENTS SUPER SEDED BY STATUTORY CHANGE Terms Superseded by Statute Page 7 of 7 Design Guidelines The foregoing section of the Design Guidelines revised March 29 , 2018, have been re -interpreted based on the statutory provisions of Texas Property Code Section 202.022 – Swimming Pool Enclosures and Section 20 2.023 – Security Measure s, effective September 1, 2021 (https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm ). This Section ha s not been formally amended but is limited and impacted by State law. See Legislative Changes review, 2021 items 10 and 11.
Within Section 3.0 : FENCING Must be approved by THARC. Privacy fencing is only permitted in rear and side yards. All street -facing fences must be wrought iron with evergreen hedge or masonry or combination. Fencing may not extend forward from front elevation of house. Fence posts may be pressure treated wood, metal, or composite material. See Appendix 7.7. Swimming pools and hot tubs must be fenced in accordance with the applicable City Code. A pool enclosure that consists of black metal frames with transparent mesh panels is permi tted by right.