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 pre-existing 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? Both Property Owners and the HOA 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 email@example.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.