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BV/S Architectural Control

Deed Restrictions govern ALL properties - not only those of HOA members. During the closing on the purchase of your home, you should have been given a copy of this document.​ Failure to comply with the deed restrictions may bring about legal action that will require you to make modifications to correct or remove the violation.

Deed Restrictions are Enforced

The HOA provides deed restriction enforcement as a service to the neighborhood for the benefit of all.

  • The Architectural Control Committee, reviews project plans for deed restriction compliance and forwards the plans and notes to the HOA Board for approval or disapproval.

  • The HOA funds legal costs when necessary for compliance.  

  • Homeowners who allow violations to remain on their property are at risk of legal action if a property owner in the same section files a complaint.  

  • Homeowners can appoint the HOA to exercise their authority to enforce the restrictions when needed.

Take-Aways

  • Deed restrictions apply to ALL properties in the BV/S HOA – not just those of HOA members.

  • All projects altering the appearance must be reviewed by the ACC and approved by the HOA Board prior to construction. 

  • Compliance with the deed restrictions maintains the quality of the neighborhood.  

All projects impacting the exterior appearance of your house and/or the property are required to be submitted to the ACC for review prior to construction, such as, but not limited to, fencing, additions, patio covers, outbuildings, garage extensions, swimming pools, landscaping, and ornamental structures. BV/S Deed Restrictions are more restrictive in some areas than is the City Code – especially setbacks. 

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Early Communications

Homeowners are encouraged to contact the ACC early in the design process for feedback to ensure the final design complies and can be reviewed and submitted to the HOA Board for review. The ACC also encourages homeowners to discuss the project with immediate neighbors to ensure they understand and are comfortable with the project. 

 

BV/S Deed Restrictions and City of Austin Building Codes

Compliance with BOTH the BV/S Deed Restrictions and Austin Property Codes is required.  BV/S Deed Restrictions primarily define the parameters impacting what can be built, where it is built and the appearance, but not the style, of the homes in the neighborhood. City of Austin property codes address many factors that affect the neighborhood but are not part of the deed restrictions.    Read More 

The Architectural Control Committee

The committee was created by developers of the BV/S subdivisions to ensure development of residential area of high standards and to review and guide new construction, as well as additions and modifications.  The HOA Board completes the review process with an approval or denial of the plans. The current ACC performs the functions of Architectural Control as a subcommittee of the HOA Board. 

 

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.

    • Reviews plans for proposed projects, provides feedback, and forwards plans to the Board for consideration.

    • Provides guidance on how those improvements can be completed in compliance with the deed restrictions that govern their property. 

  • ​The ACC investigates reported potential deed restriction violations on behalf of the homeowners.  â€‹

  • Typically, the group reviews 20-25 projects each year. In addition, it responds to about 100 inquiries annually. ​

ACC review does not include City of Austin Permit requirements which are also applicable to all properties. Read more here.​​


ACC works on behalf of the homeowners to prevent violations and review the deed restrictions.  

  • Prevents violations by increasing awareness of the restrictions. 

    • “Deed Restrictions Enforced” signs at entrances to the subdivision.

    • Welcome folder with deed restriction highlights and document for the property.

    • Eblasts and newsletter articles.

    • Emails to the agents listing homes in BV/S for sale. 

  • Proactive Enforcement by recommending to the HOA Board disapproval of non-compliant projects.

    • Avoids construction that violates the deed restrictions.

    • Most homeowners recognize the value of the deed restrictions and willingly comply.   

  • Reactive Enforcement to get violations corrected.

    • Some homeowners build projects that do not comply with the deed restrictions. 

      • Projects that were not submitted and approved by the HOA Board.

      • Owners are often not aware of the deed restrictions.

    • Most homeowners voluntarily agree to make the modifications required to bring their property into compliance once they understand the deed restrictions.  

    • The HOA resorts to legal action only when required to achieve compliance. 

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