Association Terminology

 

Subdivision Plat

Describes the location and nature of common property and individual lots

 

Property Deeds

Comprise the individual lot deeds and the deeds to common property which give a legal description of the property

 

The Declaration of Covenants, Conditions, and Restrictions

The declaration of CC&R's is the collection of covenants imposed on all property within the development and provides:

  • For association membership of all owners and the basis for voting right
  • The obligation of each owner to share in funding the cost of association operations
  • Certain restrictions (architectural control and other rules) on the use of the property and the association's enforcement powers
  • Sets forth the power and authority of the association to own and maintain the common property and to make and enforce rules

 

Certificate of Formation

Creates the association as a legal entity under state corporate statute; defines the board powers and responsibilities of the association and its membership; and, sets forth the process for creating the board of directors, voting system, etc.

 

Bylaws

Implement, in specific detail, the provisions of the CC&R's and the Certificate of Formation regarding the association operations, including delineation of the meeting process, election procedures, powers and duties, board meetings, committees, insurance requirements, rule-making and enforcement process

 

Applicable Civil Laws

Legally the Association is subject to the Texas Open Meetings Act (TOMA), Texas Public Information Act (TPIA), Texas Business Organization Code (BOC) as a Non-Profit Corporation, and multiple articles of the Texas Property Codes 201 - 215.

 

Governing Documents

All documents that regulate the community life; Documents may vary depending on type of Association (condo, townhome, etc.)

  • State law
  • Declaration of Covenants or Master Deed
  • Conditions and Restrictions
  • Bylaws
  • Rules and Regulations
  • Plats of Survey and Easement Agreements (may be separate, often included in the declaration)

 

Applicable Civil Laws

Prohibition against racial discrimination as stated by the Civil Rights Act of 1866

Equal Credit Opportunity

Fair Housing Amendments Acts, 1988, applies to sale of residence

Does not prohibit discrimination by owners, if selling or renting as long as they own 3 or less homes

Board is prohibited from discrimination in exercising its 1st right of refusal

Association must abide by laws prohibiting discrimination against families with kids

Persons with disabilities (at own expense) must be allowed to make accommodations per the Americans with Disabilities Act, 1993

 

Capital Reserves

The Board has the obligation to repair and replace major capital facilities, buildings, and equipment of the association. A capital reserves account was set up by the association to assure that funds are available when needed for major repairs and replacements

 


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