If an HOA has sixty or more properties, or if it has outsourced its day-to-day functions to a management company, SB 1588 requires it to maintain a website that includes its management certificates and a calendar of member meetings. Mycincoranch.com has been the website for Cinco Ranch II since 2017. 

 

 

(a) Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.

(b) A property owners' association may not adopt or enforce a provision in a dedicatory instrument that:

(1) requires a lease or rental applicant or a tenant to be submitted to and approved for tenancy by the property owners' association; or

(2) requires the following information to be submitted to a property owners' association regarding a lease or rental applicant or current tenant:

(A) a consumer or credit report; or

(B) a lease or rental application submitted by the applicant, tenant, or that person's agent to the property owner or property owner's agent when applying for tenancy.

(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.

(d) Nothing in this section shall be construed to prohibit the adoption or enforcement of a provision in a dedicatory instrument establishing a restriction relating to occupancy or leasing.

(e) A property owners' association may request the following information to be submitted to the association regarding a lease or rental applicant:

(1) contact information, including the name, mailing address, phone number, and e-mail address of each person who will reside at a property in the subdivision under a lease; and

(2) the commencement date and term of the lease.

Added by Acts 2015, 84th Leg., R.S., Ch. 1077 (H.B. 2489), Sec. 1, eff. June 19, 2015.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 20, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.

 

1. Use of Common Areas is limited to Cinco Ranch residents, guests, and approved groups and/or leagues.

2. Access into community pools, buildings, and tennis courts requires an active electronic access device. Access devices are non-transferable and may not be sold or bartered.

3. Unless hours of operation are posted at the facility, all common areas are available for use from dawn to dusk.

4. The use of fires and open flames is prohibited except in grills provided by the Association located in designated areas.

5. Overnight camping, lodging, trailers, tents, hammocks, etc. at any common area is prohibited.

6. Hunting and harassment of wildlife on common area grounds is not permitted.

7. Fishing at the community lakes is permitted; however, any fish caught must be released back into the lakes as they are for "catch and release" fishing only.

8. Swimming, wading, or use of boats or other watercraft with gasoline-powered engines on any pond within the Community is not permitted, except that the Declarant and the Residential Association may use gasoline powered boats for construction, maintenance, and repair of such ponds.

9. Residents will be held accountable and responsible for the actions and conduct or any damage caused by themselves or their guests.

10. Property belonging to the Association may not be removed from the Common Areas without the written consent of the Board of Directors.

11. Several lakes within Cinco Ranch Residential Association II are owned by another entity, which may have additional guidelines and rules.

 

Should it be determined that you or a family member have transferred, sold or bartered an access device assigned to a person in your household, the Association may suspend your right to use the community amenities with proper notice.

 

Did you know in Article 6 of the DECLARATION OF PROTECTIVE COVENANTS it references owner responsibility for maintenance, repair, and replacement?

 

Article 6 Maintenance, Repair and Replacement:

One of the benefits of owning property in a planned community is the commitment among neighbors to maintain their property in a neat, attractive, and well-landscaped condition to enhance the overall beauty and aesthetic appeal of the Community. This Article describes the Owners' responsibilities far maintenance and repair of their Units and far insuring their Units against property damage so that funds will be available far repair and restoration if needed.

 

6.1. Maintenance by Owners. Each Owner shall maintain his or her Unit, including all structures, landscaping, and other improvements comprising the Unit, in a manner consistent with the Governing Documents and the Community Wide Standard, unless such maintenance responsibility is otherwise assumed by or assigned to the Residential Association or an Additional Association pursuant to this Declaration, any Supplemental Declaration, or by law. Each Owner whose Unit abuts Common Area or the right-of-way of any public street shall also be responsible for maintaining and irrigating the landscaping (a) between the Unit boundary and the nearest 15 curb of such public street, except where there is a fence easement in favor of the Residential Association pursuant to Section 13.6; and (b) between the Unit boundary and any wall or fence located on adjacent Common Area or right-of.way within 10 feet of the Unit boundary. However, Owners may not remove trees, shrubs, or similar vegetation from these areas without prior approval pursuant to Article 5. Owners shall have no responsibility for maintaining neighborhood entry features or landscaping associated with such features.

 

TO learn more about the Protective Covenants click here! 

The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on: (1) fines; (2) damage assessments; (3) initiation of foreclosure actions; (4) initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety; (5) increases in assessments; (6) levying of special assessments; (7) appeals from a denial of architectural control approval; (8) a suspension of a right of a particular owner 18 before the owner has an opportunity to attend a board meeting to present the owner ’s position, including any defense, on the issue; (9) lending or borrowing money; (10) the adoption or amendment of a dedicatory instrument; (11) the approval of an annual budget or the approval of an amendment of an annual budget; (12) the sale or purchase of real property; (13) the filling of a vacancy on the board; (14) the construction of capital improvements other than the repair, replacement, or enhancement of existing capital improvements; or (15) the election of an officer. (i) This section applies to a meeting of a property owners ’ association board during the development period only if the meeting is conducted for the purpose of: (1) adopting or amending the governing documents, including declarations, bylaws, rules, and regulations of the association; (2) increasing the amount of regular assessments of the association or adopting or increasing a special assessment; (3) electing non-developer board members of the association or establishing a process by which those members are elected; or (4) changing the voting rights of members of the association. Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 8, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 12, eff. September 1, 2021.

Board Meeting Notice (Texas Property Code Section 209.0051(e))

Notice of a board meeting must be conspicuously posted in the community and emailed at least 144 hours before a regular board meeting. If your association has a longer notice period listed in the governing documents, the association should still follow that longer notice period.

 

Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session.

 

The notice shall be: (1) mailed to each property owner not later than the 10th day or earlier than the 60th day before the date of the meeting; or (2) provided at least 144 hours before the start of a regular board meeting and at least 72 hours before the start of a special board meeting by: (A) posting the notice in a conspicuous manner reasonably designed to provide notice to property owners ’ association members: (i) in a place located on the association ’s common property or, with the property owner ’s consent, on other conspicuously located privately owned property within the subdivision; or (ii) on any Internet website available to association members that is maintained by the association or by a management company on behalf of the association; and (B) sending the notice by e-mail to each owner 17 who has registered an e-mail address with the association. (f) It is an owner ’s duty to keep an updated e-mail address registered with the property owners ’ association under Subsection (e)(2)(B).

 

Religious Displays (Texas Property Code Section 202.018)

Associations can no longer adopt or enforce restrictions that prohibit religious displays on an owner’s private property or dwelling, regardless of how many there are, how large they are, what they are made of, whether they alter the entry door or door frame, or where they are located.

However, associations can still prohibit religious displays that:

• Threaten public health or safety
• Are attached to traffic control devices, streetlamps, fire hydrants, or utility signs, poles, or fixtures
• Violate a law other than a law prohibiting the display of religious speech
• Are patently offensive to passersby for reasons other than religious content
• Are installed on HOA owned, HOA maintained, or commonly owned property
• Violate a building line, right-of-way, setback, or easement

Texas Property Code (“TPC”) Title 11, includes numerous provisions governing the formation, management, powers, and operation of residential HOAs (usually called “Property Owners Associations” in the statute) in Texas.

 

Chapter 202 of the TPC specifically applies to enforcement of restrictive covenants, and Chapter 204 governs powers of associations in residential communities.

 

Park Naming Ceremony for Harold Russell Joseph Jr

On Thursday August 18, 2022, the park bounded by Radcliff and Springfield Ridge Dr (formerly Park at Pine Mills) in the Pine Mill community was dedicated the “Harold Russell Joseph Jr Park. “

Mr. Joseph is a longtime resident of the Cinco community. As a member of the various municipal Utilities Boards in Cinco and an engineer tasked with Cinco Ranch 2 development, his influence assisted in the establishment in developing a community where we feel safe and proud. Mr. Joseph retire from the board after 40 plus years of service to the Cinco area. Over the years he possessed a common passion dedicated to utilizing MUD funding to improved or maintain Cinco Ranch 2 as a premier residential and business location in the Houston area, the state of Texas and nationally. In January 2022, the board approved the dedication of the park to recognize his contribution as a fitting tribute to his commitment to Cinco Ranch 2.

While the park was already established as a community gathering area for families and teams, the naming of this parks and other in our community creates character and focus to our park facilities and amenities. During the dedication ceremony several of Russell’s family members and colleagues spoke to Russell commemorating this dedication. Russell’s wife and son welcomed that he was being recognized while living to hear that his commitment was appreciated. Larry Peterson, a former colleague, current MUD board member and friend stated, Russell was instrumental in the development and work to lay the infrastructure of Cinco Ranch 2. Speakers emphasized that our parks aim to bring community members especially those living in or near these neighborhoods together. Now they no longer have to say, “let’s meet at the park down by Springfield drive,” they can say “let us meet at “Joseph Park.”

Thank you, Russell, for the myriad hours and thoughts you put into our community.

 

                                

What is the exact difference between 501(c)(3) and 501(c)(4)?

 

As per IRS, 501(c)3 is a nonprofit organization for religious, charitable, scientific, and educational purposes. Donations to 501(c)3 are tax-deductible. Whereas on the other hand, 501(c)4 is a social welfare group, and donations to 501(c)4 are not tax-deductible.

 

Your HOA is a 501(c)(4). A 501(c)(4)  is a “social welfare group” that can advocate for causes and propositions, like 501(c)(3)s. Like any Section 501(c)(4) social welfare organization, a homeowners' association described under Section 501(c)(4) is required to be operated exclusively for the promotion of social welfare by primarily promoting the common good and general welfare of the people of the community. Homeowners associations by their very nature benefit certain individuals, typically their members. Weighing whether benefits flow primarily to the general public rather than certain individuals is an essential part of determining whether a homeowners' association qualifies for exemption as an IRC Section 501(c)(4) social welfare organization.

 

You can find additional information from the IRS on 501(c)(4) and HOAs here.