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Frequently Asked Questions

When in doubt about any project plans, submitting project descriptions / plans, or other questions, please send an email to the ACC.  

 Project Approvals

  • When do I need an ACC review?   New construction and projects altering the exterior appearance of an existing house and/or the property must be submitted to the ACC for review and to the HOA Board for approval prior to construction. This includes, but is not limited to: fencing, additions, patio covers, outbuildings, garage extensions, swimming pools, playscapes, landscaping, and ornamental structures. 

  • How do I submit project plans? Send a description of your project, a plot plan with dimensions from structures to property lines, and elevation drawings showing materials for the exterior walls and roof to the ACC at the email listed above. Photos of the area of existing dwelling that will be impacted are helpful.  

  • What information is needed for approval of a fence?  Please submit a plot plan marked to clearly show the new/replaced fence line and a description of the fence style, height, and materials to the ACC at the email listed above.  An image of the new fence style is useful.   

  • Do I need ACC review to replace my siding and/or trim, my windows, doors, or roof or to paint my house, etc.?  Generally, no.  Approval for maintaining your home and property is not required unless you are changing the size or type of material used. 

  • Does a City of Austin permit approval cover deed restriction requirements?  No. Just as the HOA approves 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 Find My Deed Restrictions.  

Deed Restrictions

  • 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, not only HOA members.  The deed restrictions are mandatory, not voluntary or 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 have authority to take legal action against property owners in the same section with violations. (BV Section 1 has authority to enforce violations in all of Balcones Village.) Property owners can appoint the HOA to exercise their authority.

  • What penalties can be applied to violators? The HOA can file a suit on behalf of homeowners in civil court, which can require the violation be corrected, impose a $200/day fine until it is, and reimbursement for legal expenses. The City of Austin Code Enforcement Officers can impose fines on homeowners for violating city property codes. 

Disclaimer

The information on this webpage is provided by the BV/S HOA for convenience and reference purposes only. Information, documents viewed, downloaded or copied from this website are not legally binding. 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.

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