Architectural Control Committee (ACC)
Background
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Current ACC Members Jacque Forrest, Chairman Kay Wolking Bratton Tony Brocato Pamela Collier Jeff Featherston Vikki Jacobi Suzie LaPlant Email address: acc.bvshoa@gmail.com or send message via Contact Us Please include your name, address, and phone number. If reporting a potential violation, include address and a photo of the potential violation |
Deed Restrictions govern all properties in the BV/S subdivisions
What is the Architectural Control Committee and what does it do?
Not only does compliance with the deed restrictions maintain the quality of the neighborhood in the near term, it protects us from changes the City zoning impacting our neighborhood.
By Texas Law, changes in city zoning, such as the proposed Land Development Code revision (previously known as CodeNext) cannot over-ride preexisting deed restrictions unless they have been deemed abandoned due to non-enforcement. Our deed restrictions are our protection against the city changing our zoning to allow subdividing the plots, allowing multiple residences on a property, front-facing garages, closer spacing between homes, and etc.
- Recorded for each section in county deed records recorded when BV and S@BV were originally platted.
- Defined how the properties would be developed to create the "residential areas of high standards”.
- Single family homes on large lots with a variety architecture, wide spacing, rock or brick exteriors, no front facing garages or front yard fences, etc.
- Resulted in one of the most beautiful and desirable neighborhoods in Austin.
- Continued compliance with the deed restrictions keeps it that way !
What is the Architectural Control Committee and what does it do?
- The ACC is a group of homeowners who volunteer to serve the community
- The ACC helps homeowners in the BV/S residential area comply with the deed restrictions
- Review plans for proposed projects, provide feedback, and approve plans that comply. r property and giving guidance on how those improvements can be done in compliance with the deed restrictions that govern their property.
- The ACC addresses reported potential deed restriction violations
- Projects implemented without ACC review and approval
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- Most homeowners WANT to do their part to maintain the quality and character of our beautiful neighborhood for ourselves and future generations to enjoy and to preserve our property values by complying with the deed restrictions
- Typically we handle over review and approve over ___ projects.
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- Deed restrictions remain valid and are enforced.
- Deed Restriction compliance is essential to maintaining BV/S as an attractive, desirable neighborhood and the value of our homes. ACC reviews and approves project plans compliance
- Deed restrictions for each 24 sections in the the BV/S development different sets of deed restrictions covering the BV/S development. While they are generally similar, there are some specific differences. See the Deed Restriction page for information on the deed restrictions and
- Deed restrictions are binding to all property owners in BV/S, not just HOA members.
- When each of us closed on the purchase of our properties, we had to sign that we were provided a copy of the deed restrictions and agreed to comply with them.
- Deed Restriction Enforcement was endorsed by 99+% of the HOA members submitting ballots in early 2021.
- ACC works on behalf of the homeowners to enforce flagrant deed restriction violations for the benefit of the neighborhood as a whole. Work to amicably resolve violations without resorting to legal involvement.
- All projects impacting the exterior appearance of your house and/or the property must be submitted to the ACC for approval prior to construction, such as, but not limited to, fencing, additions, patio covers, outbuildings, garage extensions, swimming pools, landscaping, and ornamental structures.
- Review/approval can often be completed by email. If needed, the committee meets as a group and with homeowners to discuss project details. See How to Obtain ACC Approval for Your Project
- Proceeding with a project without approval that does not comply puts you and your investment in the project at risk of legal enforcement action requiring you modify or remove your project.
- We encourage you to contact us early in your design process to get feedback and insure your final design complies and can be approved.
- We also encourage you to consider the potential impact of your project on your immediate neighbors and discuss your project plans with them to insure they understand and are comfortable with your plans.
- ACC approves only projects that comply with the deed restrictions.
- See the Deed Restriction page for highlights of the restrictions, a summary and links to the specific documents with lookups by address or section number.
- The ACC has only limited authority to grant variances per the deed restrictions specific to the property.
- ACC approval does not include City of Austin code requirements which are also applicable to all our properties.
- You are responsible for obtaining with the City of Austin permits and inspections that may be required. See City of Austin Development Services Department or call 311 for information on the permit requirements and process.
Not only does compliance with the deed restrictions maintain the quality of the neighborhood in the near term, it protects us from changes the City zoning impacting our neighborhood.
By Texas Law, changes in city zoning, such as the proposed Land Development Code revision (previously known as CodeNext) cannot over-ride preexisting deed restrictions unless they have been deemed abandoned due to non-enforcement. Our deed restrictions are our protection against the city changing our zoning to allow subdividing the plots, allowing multiple residences on a property, front-facing garages, closer spacing between homes, and etc.
Frequently Asked Questions
- Deed restrictions are 40+ years old. Are they still valid? YES - they renew automatically every 10 years.
- Do I have to comply with the Deed Restrictions? YES - The restrictions, conditions, covenants, and uses, commonly called Deed Restrictions, are fully binding on all persons acquiring property in the BVS subdivisions. The deed restrictions are mandatory, not discretionary.
- Can City of Austin Code changes (like rezoning) impact our subdivisions? POSSIBLY - By Texas Law, City code changes cannot override preexisting deed restrictions unless those deed restrictions have been deemed to have been abandoned due to non-enforcement.
- Who has authority to enforce the deed restrictions? Per the deed restrictions, property owners in the same section have authority to take legal action against property owners with violations. - HOA via Texas Property Code Section 202.104; Property owners in the same section via the deed restrictions except BV Section 1 and S@BV Sections 7A, 8, and 9 authorize any property owner in the whole subdivision to enforce. Property owners can appoint the HOA to exercise their authority.
- What penalties can be applied to violators? The HOA/ACC can file a suit in civil court which can require the violation be corrected and impose a $200/day fine until it is - plus reimbursement for legal expenses. The City of Austin Code Enforcement Officers can impose fines on homeowners for violating city property codes.
- When do I need an ACC review? - Any changes to the exterior appearance of your house and/or the property must be submitted to the ACC for approval. This includes, but is not limited to: fencing, additions, patio covers, outbuildings, garage extensions, swimming pools, playscapes, landscaping, and ornamental structures. When in doubt, send us an email to acc.bvshoa@gmail.com and ask if approval is required for your project.
- Does a City of Austin permit approval cover deed restriction requirements? NO. Just like the ACC reviews project designs relative only to the Deed restrictions, the City of Austin considers only their property codes. You need BOTH approvals for your project.
- How do I know what section I'm in? Refer to Deed Restriction Lookup by Address or lookup your property's legal description on your property tax statement or search the Tax Appraisal Districts' online property search tools: Travis County Appraisal District or the Williamson County Appraisal District. for those of you who don't find their address on the TCAD!
- Can the deed restrictions be revised? Yes -- BUT revision requires written approval of 75% of the property owners, plus the legal costs to write and file the new documents in county deed records.
- Why not replace the 24 sets of deed restrictions with a single set for all BVS Properties? In the HOA Board's opinion, the effort required to get agreement on the wording of a single deed restriction document and approval by 75% of the property owners in each of the 24 sections is far greater than any benefit.
Disclaimer: The information on this webpage is provided by the BV/S HOA for convenience and reference purposes only. Information and documents viewed, downloaded or copied from this website are not legally binding as they do not replace the original, legally enforceable, deed restrictions that are on file with Travis and Williamson Counties. The BV/S HOA makes no claims to the accuracy of the contents of these documents, and shall not be held responsible or liable for any transcription errors, or any damages that might result from such errors.