Goldenwood West
Property Owners’ Association
16200 Westview Trail
Austin, TX 78737-9068
(512) 858-9528 office
(866) 683-9592 fax
Administrator@GoldenwoodWestPOA.org
www.GoldenwoodWestPOA.org
Original version approved on May 1, 2007
Last updated:
February 10, 2010
A PDF version of this manual can be downloaded here.
Table of Contents
Purpose
Role and Responsibilities
Role of the Goldenwood West APC and relationship to the BOT
Responsibilities of APC members
Which projects need APC approval?
Which projects do not need APC approval?
How does a property owner request approval for property improvement?
What happens after a property owner submits a Request for Approval?
How does a property owner submit a complaint to the APC?
What happens after a property owner submits a complaint?
Does the APC respond to covenant violations only through complaints?
Rules and Procedures
Guidelines for Maintenance of Residential Property
Meeting Minutes
Neighborhood Recognition Program
Objective Voting
Resale Certificate
Setback Variance
Violation Procedure
Form Letter Procedures
Form Letters
Purpose
The purpose of this APC manual is to define the role and responsibilities of
the Architectural and Protective Committee and its relationship to the neighborhood
along with providing rules, guidance and consistency to current and future APC
and BOT members for the interpretation of the Covenants. The forms and procedures
in this manual may be updated periodically to reflect APC decisions, Board directives
or cosmetic changes and clarifications. Any proposed change to add new procedures
or change existing procedures will require approval from the Board of Trustees.
This manual has been approved by the Board of Trustees of the Goldenwood
West Property Owners’ Association.
Original prepared by John Anderson.
Role and Responsibilities of the Goldenwood West
Architectural and Protective Committee (APC)
Role of the Goldenwood West APC and relationship to the BOT
The Goldenwood West Architectural and Protective Committee (APC) is
comprised of three property owners appointed by the Board of Trustees
(BOT) to enforce the provisions contained in the Goldenwood West Covenants,
Conditions and Restrictions. The members of the APC serve a 2-year
voluntary, unpaid term and meet on a monthly basis.
Responsibilities of APC members
The APC is responsible for review and approval of all plans and specifications
for property improvements submitted by property owners in Goldenwood
West according to the guidelines contained in the Covenants, Conditions
and Restrictions. Additionally, the APC is responsible for enforcing
the land use and architectural restrictions in order to maintain the
general appearance of any lot or home in Goldenwood West.
Please refer to Articles VI and VII of the Goldenwood West Covenants,
Conditions and Restrictions for a more detailed description of the
role and responsibilities of the APC.
Which projects need APC approval?
All improvements, including, but not limited to, buildings, sheds,
gazebos, playhouses, home additions, fencing, walls, landscaping, fountains,
pools, exterior lighting fixtures, concrete pads, driveways, security
and emergency communication systems and radio and television antennae.
See Article VI, Paragraph 2 of the CCRs.
Which projects do not need APC approval?
Landscape improvements such as trees, flowers, shrubs, mulch and general
landscaping maintenance do not need to be approved by the APC. Additionally,
painting or repair work to match existing structures and color schemes
does not require APC approval.
How does a property owner request approval
for property improvement?
Property owners should complete a Request for Approval form in its
entirety and submit any and all supporting documentation to the APC
by either mailing the information to the address contained on the Request
for Approval form or by dropping the completed information in the POA
box at the mail station.
Forms may be obtained from the Administrator, the mail station newsletter
holder or the Goldenwood West website: www.goldenwoodwestpoa.org. [Resources
for Residents page].
What happens after a property owner submits a Request for Approval?
Requests for property improvement will be included on the APC agenda
for review at the next monthly APC meeting. Property owners are encouraged
to attend the meeting to answer any questions from the committee regarding
the information submitted. The APC will review the request and may
request a meeting on the lot to review the placement of the improvement.
If the submission is complete and does not require variance consideration,
the APC will send a letter to the property owner approving or disapproving
the improvement within 21 days from the submission. In the event that
approval cannot be granted due to incomplete or unclear information
or a violation of a covenant, the request will be disapproved and the
property owner will be requested to revise the request and invited
to an APC meeting to discuss any concerns. After the completion of
any project the APC will verify that the project has been completed
according to the submitted plans.
How does a property owner submit a complaint to the APC?
In the event that a property owner feels there is a violation of the
covenants or land use and architectural restrictions the property owner
should submit a written complaint to the APC. Complaints should include
a detailed description of the violation and may be submitted in the
POA box at the mail station.
What happens after a property owner submits a complaint?
The APC will review every complaint received and determine if any further
action needs to be taken. If necessary, the APC will visually verify
the information in the complaint letter and if found to be in violation
of the Covenants, Conditions and Restrictions, the APC will follow
the APC Violation Procedure as provided by Texas Statute.
Does the APC respond to covenant violations only through complaints?
In addition to responding to covenants violation complaints, the APC
will also monitor the neighborhood to ensure equitable enforcement
of the covenants among all properties in Goldenwood West. The APC Violation
Procedure will be followed in response to all covenant violations.
Rules of the Goldenwood West Architectural and Protective Committee
Article VI, Paragraph 3 of the Covenants, Conditions and Restrictions
allows the APC to adopt Rules:
"ADOPTION OF RULES. The Committee shall have the authority to adopt
such procedural and substantive rules, not in conflict with this Declaration,
as it may deem necessary or appropriate for the performance of its
duties hereunder"
The Rules of the Architectural and Protective Committee shall be approved
by the Board of Trustees and used to consistently enforce and clarify
the covenants. The following are Rules adopted by the APC:
Guidelines for Maintenance of Residential Property as Required by Article
VII of the Covenants, Conditions and Restrictions
Owners and occupants of any lot shall jointly and severally have the
duty and responsibility to maintain the lot and any improvements in
a safe, neat and orderly manner. Required maintenance includes, but
is not limited to the following:
1. Litter, trash, dead vegetation, refuse and waste shall be promptly
removed.
2. Lawns, trees and shrubs shall be trimmed and maintained.
3. Garden and landscaping areas shall be kept alive, free of weeds
and attractive.
4. Exterior lighting facilities shall be kept in working order.
5. Driveways shall be kept in good repair.
6. Off Driveway Parking on a regular basis shall not be allowed. Temporary
parking shall be allowed in situations such as parties, deliveries,
washing a car or other instances where a vehicle shall be parked for
a short period. The APC may grant a variance for special off driveway
parking if the committee determines it is appropriate.
7. Fences, retaining walls and landscaping improvements shall be kept
in good repair.
8. Exterior home maintenance including rot, mold and peeling paint
shall be promptly repaired.
9. All storage buildings shall require APC approval. The paint and
roof color scheme shall match the primary structure on the lot. A building
exceeding 300 square feet must also meet the covenant requirements
for masonry.
10. Normal Playground equipment such as swing/gym set, trampolines,
basketball goal, or soccer goals may be erected and used on a lot assuming
such equipment is properly maintained. Property owners are encouraged
to check their insurance coverage for trampolines. Playground equipment
shall be kept in the backyard whenever possible or when not in use.
11. All fencing and walls shall be approved by the APC. Ranch style
fencing consisting of a wire fence with three parallel planks is preferred
fence style. Privacy fences shall be permitted. Chain link fences shall
not be allowed on the side(s) of a lot that faces a street. No barbed
wire fences shall be allowed.
12. Brush clearing, mowing, and tree trimming shall be permitted on
any lot at any time. Lot Clearing prior to construction for a foundation
or driveway shall have prior APC approval. The APC may allow minimal
clearing before approving new home construction to determine how or
if a certain plan can be situated on a lot or test drilling and septic
testing. In some cases a potential buyer/builder may opt to test before
committing to buy or build on a lot.
13. All residences must have a double car garage.
14. Inoperable vehicles in disrepair or unlicensed vehicles may not
be stored on a lot in such a manner as to be visible from the street
and/or neighboring properties.
15. Brush Piles, burn cans or burn piles shall not be allowed in front
yards and shall not be visible from the street.
16. Propane Tanks must be shielded from view of the street and neighboring
properties.
Meeting Minutes
APC meeting minutes shall be made available upon request to property
owners. Property owners should submit a written request to the Administrator
by email or mail and the Administrator may provide in a PDF format.
Neighborhood Recognition Program
In an effort to strengthen and maintain community spirit, the APC shall
recognize property owners who maintain outstanding yards. The committee
shall vote for one yard to recognize in the spring for outstanding
landscaping and one yard to recognize in December for outstanding holiday
decorations. The Administrator shall contact the property owner for
permission to publicize the winner’s name and address before
announcing at the mail station, the newsletter and on the website.
The Administrator shall also deliver the “Yard of the Month” sign
to the recognized property owner and arrange for its return a month
later.
Objective Voting
Proper conduct of committee members is outlined in Article Six, Paragraph
9 of the CCRs:
"NONLIABILITY OF COMMITTEE MEMBERS. Neither the Committee, nor any
member thereof, shall be liable to any Owner or to any other person
for any
loss, damage or injury arising out of the performance of the Committee’s
duties under this Declaration, unless such loss, damage, or injury
is due to the willful misconduct or bad faith of the Committee or its
member, as the case may be."
All committee members shall remain objective when voting. Any member
may recuse him or herself from voting for any reason.
Resale Certificate
Resale Certificates shall be completed in accordance with Texas Statue
207 and returned to the property owner, owner’s agent, or title
insurance company within ten days of a written request. If the request
is for a lot with a new home, the POA Administrator shall confirm completion
of all documents and inspections per the Building Packet. The Administrator
shall notify the APC of the request and advise the committee of the
status of the Building Packet documents and any outstanding issues
or violations. The Administrator shall indicate a requested approval
date to the APC members and the APC members shall reply to the Administrator
before the designated date. The APC shall review the property for violations
and the Administrator shall list all violations, unpaid dues, transfer
fee and resale certificate fee on the resale certificate. If for any
reason an APC member feels more time is needed, he/she should notify
the Administrator, keeping in mind the ten day response deadline. The
Certificate will be executed listing the incomplete items and known
violations. A fee will be charged to the requestor for complete and
filing such notice.
Setback Variance
Setback Restrictions are covered by Article Seven, Paragraph 4 of the
CCRs:
"SETBACKS. No building shall be located on any of the Lots nearer than
forty (40) feet from any front or rear Lot line, nearer than forty
(40) feet from any street or cul-de-sac, or nearer than twenty (20)
feet from any side Lot line. The Committee shall have the right to
impose such additional setback requirements as it deems necessary to
preserve lines of sight from neighboring Lots. The Committee shall
be entitled to review and modify the setback requirements for Lots
for which compliance with the foregoing setback requirements might
be difficult or impossible."
Additional setbacks are imposed on Section VI:
"The following additional setback requirements shall specifically apply:
Lot 35A – rear setback 100 feet; Lot 35B rear setback – 150
feet; and Lot 35C – rear setback 175 feet and North side setback
125 feet."
Any property owner requesting a variance to encroach on the setbacks
with an improvement including but not limited to storage buildings,
home additions, detached garages and driveway extensions should complete
the Request for Setback Variance form in addition to the Request for
Approval form and submit to the POA Administrator no
later than seven days prior to the next scheduled APC meeting. Any
requests submitted
less than seven days before the scheduled meeting will be addressed
at the APC meeting in the next month. A copy of the request will be
forwarded to the adjacent neighbor(s) and posted on the POA Bulletin
Board one week before the APC meeting when the variance will be reviewed.
Any concerns or support from the neighborhood for the requested variance
should be made known to the committee through a written response or
attendance at the meeting. All concerns or support will be documented
in the meeting minutes and the APC will review for approval or disapproval.
Violation Procedure
The APC shall follow the Violation Procedure written in accordance
with Texas State Statute 209 to respond to covenant violations. The
following document was approved in 2003 and is the current procedure
in place.
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Goldenwood West Property Owners Association
VIOLATION PROCEDURE
The following outlines the minimum notice and hearing procedures for
violations of the Bylaws and/or the Covenants, Conditions and Restrictions
of the Goldenwood West Property Owners Association. These notices and
hearing procedures are intended to meet the requisites of Texas Property
Code Chapter 209 and provide additional notices to our Owners. It does
not supercede any of the Bylaws, or Covenants, Conditions and Restrictions
of Goldenwood West. Notwithstanding any language to the contrary, the
Board of Trustees shall have the power, upon majority vote of the Board
of Trustees, to amend any provision of these rules or bylaws as may
be necessary to comply the Chapter 209 and any subsequent amendments.
It shall be the responsibility of the Architectural Protective Committee
(APC) to implement this procedure.
Section I. Notice Requisites. The APC will send out the first notice
of a violation and request correction and offer to meet with the owner
to clear up the matter within 30 days. A second notice will be sent
certified mail, return receipt requested, to the last known address
of the Lot Owner in The Board of Trustees records. The notices must
(1) describe the covenant violation that is the basis for the suspension
action, (2) inform the Owner that the Owner's entitled to a reasonable
period to cure the violation and avoid the cost of Attorney's Fees
or suspension, unless the Owner was give notice and reasonable opportunity
to cure similar violation within the proceeding six months; and (3)
inform the Owner that he may request a hearing before the Board of
Trustees on or before the 30th day after the date the Owner received
the notice (or 30 days after the date on which the first attempted
deliver was made to the Owner).
If the hearing is to be held before a committee, the notice must state
that the Owner has the right to appeal the committee's decision to
the Board of Trustees by written notice to the Board. The Board of
Trustees will hold any hearing not later that the 30th day of the date
the Board receives the Owner's request for a hearing and will notify
the Owner of the date, time, and place of the hearing at least ten
days before the hearing date.
Section 2. Attorney's Fees. The Board of Trustees may assess reasonable
attorney's fees to an Owner's account for nonpayment of amounts due
and other violations of the Bylaws, or Covenants, Conditions and Restrictions
only if the Lot Owner is provided written notice that attorneys fees
and cost will be charged to the Owner if the delinquency or violation
continues after a date certain. Regardless, attorney's fees may not
be charged to an Owner's account until after any Owner-requested hearing
allowed pursuant to the procedures is held, or, if the Owner does not
request a hearing, before the date by which the Owner must request
a hearing. For repeat violations within six months, attorney's fees
may be assessed to an account after the first hearing request deadline
has passed or after the first hearing, as appropriate.
Section 3. APC. The APC shall visit the Owner's property only when
invited to do so by the Owner. All Owner violations are to be handled
in a consistent manner as defined by this procedure. Any exception
to this procedure will require approval of the Board of Trustees.
The failure of The Board of Trustees to enforce any provisions of the
Declaration, Bylaws, rules or procedures shall not constitute a waiver
of the right to enforce the same thereafter. All remedies in the Declaration,
Bylaws, and rules are cumulative and not exclusive.
Approved the Board of Trustees on: / /
Board of Trustees:
John L. Anderson
President, Board of Trustees.
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Form letter procedure
Following is a description of the APC form letters designed to follow the covenants and current violation procedure along with the rules for their use.
Builder’s Packet Cover Letter
Letter to be sent to a property owner as a cover letter for the Builder’s Packet.
Builder’s Packet
Form to be completed by a property owner to request approval to build a new home or a home addition.
Request for Approval Cover Letter
Letter to be sent to a property owner as a cover letter for the Request for Approval Form and the Request for Approval Detached Garage Form.
Request for Approval Form
Form to be completed by a property owner to request approval for a property improvement.
Request for Approval Detached Garage Form
Form to be completed by a property owner to request approval to construct a detached garage.
Request for Setback Variance Cover Letter
Letter to be sent to a property owner as a cover letter for the Request for Setback Variance Form.
Request for Setback Variance Form
Form to be completed by a property owner to request a setback variance.
Approval Letter
Letter to be sent to a property owner in response to a property owner’s request for approval.
Retroactive Approval Letter
Letter to be sent to a property owner in response to a property owner’s request for approval after construction has begun.
Approval Expired Letter
Letter to be sent to a property owner when three month approval period has expired and construction has not begun.
Project Incompletion Letter
Letter to be sent to a property owner when a project has been approved and construction has begun but has not been completed within the allowed timeframe.
Proof of completion request
Letter to be sent to a property owner to request confirmation that an approved project has been completed.
Propane Tank Letter
Letter to be sent to a property owner to request property owner shield visible propane tank.
Courtesy Letter
Letter to be sent to a property owner when a covenant violation is found on a property.
First Offense Letter
Letter to be sent to property owner when a covenant violation is found on a property and a response has not been received to the Courtesy Letter within 30 days or a resolution has not been reached.
Second Offense Letter
Letter to be sent to property owner when a covenant violation is found on a property and a response has not been received to the First Offense Letter within 30 days, this is a final letter. This letter should be sent regular mail and certified mail, return receipt requested.
Repeat Offender Letter
Letter to be sent to a property owner when the same violation is found again within a six month period after a property owner has been previously notified of the violation and cured it. This letter should be sent regular mail and certified mail, return receipt requested.
Thank you letter
Letter to be sent to a property owner who has responded to a written request of the committee (usually violation letters) or has completed an approved property improvement.
Procedure Notes
Upon the expiration of the date given in the Second Offense Letter/Repeat Offender Letter, the APC shall either reach a compromise with the property owner or decide to refer the violation issue to the attorney. If the committee agrees to proceed with the attorney, a member of the committee shall attend the next BOT meeting and make the committee’s recommendation to the Board of Trustees.
APC form letters shall list all three committee members’ names and must have the signature of two committee members.
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Form letters
For copies of form letters used by the APC please refer to the printable,
PDF version of this manual which can be downloaded here.
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