Architectural Review Process
How to submit an Architectural Review Application
When does a homeowner need to submit an application?
- In general, whenever an addition or alteration to your property is planned that can be seen from the street in the front/side of your house -OR- an addition/alteration in your backyard can be seen above the fence line or requires a contractor to access your property, an application should be submitted. The following is more detail from the Governing Documents Guidelines: Items to be reviewed by the ARC will include any improvement or structure of any kind, including without limitation, any building, dwelling, fence, wall, sign, site paving, grading, sewer, drain, disposal system, decorative lighting schemes, painting or alteration of a dwelling (including doors, windows, roof), installation of solar panels or other devices, construction of fountains, swimming pools, screened enclosures, jacuzzis, construction of privacy fences, additions of awnings, shelters, gates, flower boxes, shelves and statues, satellite dishes, T.V. antennas, etc.
How do I submit an application?
- Download the application “Architectural Change Application” in TownSq in the link Documents/Forms
- Complete the form, obtain signatures from your neighborhoods, sign, and date the document
- Gather any supporting documents to submit with the application
- Using TownSq on your computer (you can not currently submit an application on the app), go to the Architectural Review link under the Tools group.
- Click on the “Submit project” button
- Complete the online form, upload your documents
- Submit your application
- Although the committee has 30 days to review and decide on your application, usually applications are reviewed, and communicated to you within 7-10 days of receiving all the required information.
How do I request an Architectural Review Hearing to appeal an Architectural Review Committee decision or appeal a Violation notice?
The following is governed by Chapter 209 of the Texas Property Code
- Within 30 days of the homeowner receiving an ARC decision or Violation, the homeowner must notify the HOA of their request for a hearing by certified mail at the mailing address of the Association which is available on the “Contact” link of this website.
- Failure to timely request appellate review of an eligible architectural determination shall waive the Board’s appellate review authority.
- The Board shall conduct a Chapter 209 Architectural Review Hearing within thirty (30) days from the date the Board receives a property owner’s timely written request for appellate review. The Board shall also provide the property owner notice of the date, time, and location of the hearing at least ten (10) days prior to the date of said hearing. The notice of the Chapter 209 Architectural Review Hearing may be mailed, hand-delivered, or emailed to the requesting property owner and shall be considered delivered on the day it is hand-delivered, mailed to the requesting property owner at his or her last known mailing address with proper postage, or emailed to the requesting property owner at an email address provided to the Association by such property owner.
- The Board or the requesting property owner may request a postponement of the scheduled hearing date one (1) time each and, if requested, a postponement shall be granted for a period of no more than ten (10) days from the date of the previously scheduled hearing date unless otherwise agreed to by the Board and the property owner. Additional postponements may be granted by agreement of the parties. The Board shall provide the requesting property owner with the date, time, and location of the rescheduled hearing date at least twenty-four (24) hours in advance of the rescheduled hearing date. Notice of a rescheduled hearing date may be given to a property owner by any reasonable manner designed to provide adequate notice of the rescheduled hearing.
- The Architectural Review Hearing may be held at a physical location, or at the election of the Board, by video conference technology, provided the property owner is afforded the reasonable ability to present information relevant to the appellate review of the architectural determinations concerning the property owner’s application.
- The Board shall have the authority to affirm, modify, or reverse, in whole or in part, any decision of the Architectural Committee concerning the application or request for the construction or modification of an improvement that is the subject of the Board’s appellate review.
- The Board’s ruling shall be in writing and mailed by certified mail, hand-delivered or emailed to the requesting property owner within ten (10) business days from the date of the Chapter 209 Architectural Review Hearing.
- There shall be no further appeal or reconsideration of the ruling by the Board.
*The entire resolution is available in the “Chapter 209 Hearing Procedures…” in Documents/Governing Documents in TownSq