Architectural Guidelines
Because the purpose and methods of the Architectural Control Committee are often misunderstood by homeowners, the Board has issued a set of clarifications regarding the criteria for evaluating and approving proposals and for issuing waivers.
Purpose Of The Architectural Control Committee
According to the Association Covenants and Restrictions, the committee: shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations within Balcones Woods lands conform to and harmonize with the existing surrounding and structures an that trees and environment are protected” {(See Article VI, Section 2 of the Covenants and Restrictions).
The committee performs this duty by reviewing plans for improvements to homes in the neighborhood, and is guided by the Covenants and Restrictions and by the existing conditions of properties in the neighborhood. The Architectural Control Committee is comprised of three members, who are appointed by the Board of Directors, and who report to the Board. At least two committee members must agree in order for approval of a proposal or addition to be issued. Once a request for approval has been made, the committee has 30 days to review and rule on a request (See Article VI, Section 3 of the Covenants and Restrictions). Every attempt is made to review requests in a timely manner, but homeowners are advised to submit proposals well before beginning work. If an improvement which has not been cleared by the committee is later disputed, its’ acceptability may be ruled retroactively, and homeowners may then be required to alter or remove it.
Submitting Proposals
Request approval on a proposed improvement via TownSq. Homeowners are required to get approval for any landscaping or improvements erected, placed or altered on a property. (See Article VI, Section 1 of the Covenants and Restrictions). If approval is not sought, the following may occur:
Closing may be delayed on the sale of a home if there is a question whether it conforms to neighborhood regulations.
If the conformance of an improvement already made to a home is questioned and found to be lacking, the improvement may have to be removed.
Documentation
The committee, upon reviewing the proposed improvement, will submit the completed form stating their ruling on the proposal to the homeowner and Board of Directors.
Waivers
According to the Association Covenants, the committee may vote to wave or modify a covenant, if the proposed addition or change under consideration will not detract from the appearance of the neighborhood (See Article VI, Section 6 of the Covenants and Restrictions). In order to clarify and systematize policy concerning waivers, the committee will evaluate proposals based on the following considerations.
Waivers Concerning Outbuildings
According to the Covenants and Restrictions of the neighborhood regarding outbuildings, Sections 1, 2, and 3 are constrained by different policies than Sections 4, 5, and 6. The Covenants and Restrictions state that there shall be no outbuildings on any property in Sections 1, 2, and 3, but that outbuildings are allowed in sections 4, 5, and 6, as long as they are placed within a privacy fence and do not exceed a height of 8 feet or an area of 200 square feet. (See Article VII, Section 10 of the Covenants and Restrictions). For purposes of consistency, the Architectural Control Committee will issue a waiver allowing homeowners in Sections 1, 2, and 3 to own outbuildings as well, as long as they conform to the restrictions in Article VII, Section 10.
For purposes of clarity and consistency, the height restriction on outbuildings will be evaluated according to the following criteria.
An outbuilding may not itself exceed 8 feet in height from its bottom to its tallest point.
Please Note: Although waivers will be issued upon request for outbuildings in Sections 1, 2, and 3 that meet the above criteria, homeowners still must request approval for outbuildings of this sort in order to comply with the neighborhood association guidelines.
Other Waivers
A waiver may be considered when a proposed improvement is in violation of Covenants and Restrictions under the following circumstances:
a) Signed documentation is obtained from immediate neighbors stating that they do not object to the proposal.
b) The proposal does not detract from he appearance of the immediate vicinity in the opinion of a majority of the Architectural Control Committee members.
c) The proposal is in keeping with the appearance of the neighborhood in general in the opinion of a majority of the Architectural Control Committee members.
If a proposed or disputed improvement is in violation of the Covenants and Restrictions, and if immediate neighbors do not approve the proposal, no waiver shall be issued.