The Enforcement of LVR Governing Documents
On September 1, 2019 with the exception of the retention of 35 lots, Martin Valley Ranch, INC. (MVR) conveyed Architectural Control to Leisure Valley Homeowners, INC. (LVR) Property Owners Association (POA). During October 2019, the LVR Board had communicated to the owners that the architectural controls approved and conveyed by MVR to LVR would be accepted “as-is” or “grandfathered in” with the stipulation that these MVR approved architectural controls would not establish any past precedence for LVR’s Architectural Control Committee (ACC). An excerpt of the communication is inserted below:
“LVR Architectural Control Committee will use existing Covenants, Conditions & Restrictions (CCR’s) as their guidance when considering any request for new construction or modification of existing structures. There will be no past precedents from any actions taken previously by Martin Valley Ranch.
Any construction prior to LVR assuming Architectural control will be accepted as approved by Martin Valley Ranch. Owners that have had construction on their lots previous to LVR assuming control are expected to be able to produce documents that show the construction was reviewed and approved by Martin Valley Ranch – individual lot owners are responsible for any infringement on easements or violations of any county or higher level government agencies”
During this 2019/2020 winter season, the LVR Board has allowed owners who were non-compliant a grace period to remedy their non-compliance with the LVR covenants. As the 2019/2020 season ends, the “grace period” is over; and owners must be in-compliance with the LVR governing documents. As Board President, I have communicated to you, the members, at our Membership Meetings that any owner who is out of compliance with any aspects of the governing documents needs to become compliant as soon as possible.
Therefore, this letter is to inform the LVR membership that the LVR POA will comply and enforce all of the LVR Governing Documents and all Texas State Property Codes including Title 11. Restrictive Covenants one hundred percent (100%).
The LVR POA is in the process of adopting Policies which will be filed with Hidalgo County for the following sections of the Title 11 Property Codes:
- Sec. 202.007 Rain Barrel/ Rain Harvesting System
- Sec. 202.010 Regulation of Solar Energy Devices
- Sec. 202.011 Regulation of Certain Roofing Material
- Sec. 202.012 Flag Display and Flagpoles
- Sec. 202.018 Regulation of the Display of Certain Religious Items
Once adopted, these Policies will be sent out to the membership for review and posted on the LVR website.
In addition, LVR will comply and enforce Texas State Election Codes including Title 15. Chapter 259. Political Signs. Sec. 259.002. Regulation of Display of Political Signs by Property Owner’s Association. In accordance with Title 15 Election Codes, property owners may display political signs advertising a candidate or measure for an election: (Title 15 Election Code quoted in italics and underlined below.)
(b), (1) on or after the 90th day before the date of the election to which the sign relates; or (2) before the 10th day after that election date.
If the property owner displays political signs before the start of the 90th day period or after the 10th day period of an election:
(e) the property owner’s association may remove a sign displayed in violation of a restrictive covenant permitted by this section.
The LVR Board of Directors and its’ designated committees will enforce compliance for all restrictive covenants as stated in Title 15 Election Code as they pertain to a property owner’s association and Title 11 Property Codes Restrictive Covenants. (Refer to statues.capital.texas.gov website)
LVR POA is in the process of adopting a new policy regarding Title 15. Chapter 259. Political Signs. Sec. 259.002. Regulation of Display of Political Signs by Property Owner’s Association. Once the new policy is approved by the LVR Board and filed with Hidalgo County, it will be sent out to the membership for review and will be posted on the LVR website.
The LVR POA and Board of Directors appreciate all property owner’s compliance and cooperation in this matter.
LVR Board of Directors