Waterford Heights HOA

Waterford Heights HOA Dues

Residents can conveniently pay HOA Dues online through their Homeowner Web Access Portal here: Waterford Heights HOA Web Portal

HOA Dues are $350 per year as set forth by the board of directors.

Per your Association’s governing documents, the yearly assessment is due in FULL on or before January 31st.

Or Payment Option: Pay $175 on or before January 31, and then pay balance of $250 on or before March 31.

Unpaid balances over $175 after January 31st, will be charged late fees of 1.5% each month balance is not paid. Collection proceedings will begin on April 1st – unpaid balances will be accessed a $25 Cost of Collection Fee in addition to the late charges accessed monthly.

Per ByLaws Article 5.1 Membership Each Owner of a Lot is subjected to the Declaration shall automatically be, and must at all times remain, a Member of the Association in good standing.

Per ByLaws Article 18.3 Owners Association for Common Areas and Facilities The budget for the Owners Association shall include a fund reserved for the repair and maintenance of Common Facilities. The annual dues of $350 per lot per year will provide funding for the repair and maintenance of the Common Area. The Homeowners Association will contract for the services necessary for the repair and maintenances of the detention pond and other common areas. These services will include mowing, landscaping, irrigation, electrical service payment and lighting.

Per CCRs Section 3.01 Membership. Each and every Owner shall automatically be a Member of the Association without the necessity of any further action on such Owner’s part, subject to the terms of this Declaration, the Articles of Incorporation, and the Bylaws. Membership of an Owner in the Association shall be appurtenant to and may not be separated from the interest of such Owner in and to any portion of the Property. Ownership of any portion of the Property shall be the sole qualification for being a Member; provided, however, a Member’s voting rights, as herein described, or privileges in the Common Area or both may be regulated or suspended as provided in this Declaration.

Per CCRs Section 4.02 Purpose of Assessments. The Assessments levied by the Association shall be used, in part, for the purpose of: (1) promoting the recreation, comfort, health, safety and welfare of the Members of the Association and/or the residents of the Property; (2) managing the Common Area; (3) enhancing the quality of life in the Property and the value of the Property, and in particular for the improvement and maintenance of the properties, services and facilities devoted and related to the use and enjoyment of the Property including, but not limited to, the payments of taxes on the Common Area and insurance in connection with the Common Area and the repair, replacement and addition of improvements thereto; (4) for paying the cost of labor and equipment (including the expense of leasing any equipment) with respect to the Common Area; (5) for carrying out the powers and duties of the Board of Directors of the Association as set forth in this Declaration and in the Articles of Incorporation and Bylaws, including without limitation, the purchase of insurance coverage pursuant to Article V hereof; and (6) for carrying out the purposes of the Association, as stated in the Articles of Incorporation.

Per CCRs Section 4.03 Annual Assessments. The Board of Directors of the Association shall establish an annual budget in advance for each fiscal year, and such budget shall project all expenses anticipated by the Board of Directors for the purposes described in Section 4.02 and 4.09 of this Declaration. The annual assessment to be levied against the Members of the Association for such fiscal year shall be established by the adoption of such annual budget by the Board of Directors of the Association. However, should such Board of Directors at any time determine, in the sole discretion of such Board of Directors, that the assessments levied are or may prove to be insufficient to pay the costs of the Association for any fiscal year for any reason (including non-payment of assessments by Members of the Association), then the Board of Directors shall have the authority at any time and from time to time levy such additional assessment or assessments as they shall deem to be necessary for that purpose and/or to increase the amount of the annual assessment with respect to the remainder of the applicable fiscal year. Anything contained herein to the contrary notwithstanding, the annual assessment for each Owner shall not exceed $500.00 per year until the beginning of the third (3) fiscal year of the Association.

Each Member of the Association, other than Declarant, agrees to pay an annual assessment to the Association equal to the product of (i) the annual budget established by the Board of Directors of the Association with respect to the applicable fiscal year of the Association, multiplied by (ii) the Proportionate Share attributable to any portion of the Property owned by such Member. In addition, each Member of the Association agrees to pay such Member’s Proportionate Share of any special assessments levied by the Association. All such annual and special assessments shall be paid by the Members of the Association directly to the Association (or to any entity or collection agency designated by the Association).

The failure or delay of the Board of Directors of the Association to prepare or adopt a budget for any year shall not constitute a release or waiver of a Member’s obligation to pay their Proportionate Share of the applicable annual assessment established with respect to such year whenever the same shall be determined; and in the absence of any annual budget, each Member shall continue to pay annual assessments at the rate established for the previous fiscal year until notice of the new payment which is due after such new budget is adopted.

Per CCRs Section 4.08 No Offsets. All Assessments shall be payable in the amount specified by the Association and no offsets against such amount shall be permitted for any reason.

Per CCRs Section 4.10 Nonpayment of Assessments.

(a) Delinquency. Any Assessment provided for in this Declaration which is not paid in full on or before the date (“delinquency date”) which is thirty (30) days after the date upon which such Assessment fist became due and payable shall be deemed delinquent. The Association shall have the right to reject partial payment of an Assessment and demand full payment thereof. If any Assessment or part thereof is not paid on or before the delinquency date, the unpaid amount of such Assessment shall bear interest from the delinquency date until paid at a rate equal to the lesser of eighteen percent (18%) per annum or the maximum lawful rate. Acceptance by the Association of partial payment of any Assessment shall not be deemed to constitute a waiver or forgiveness of the unpaid portion of such Assessment.

(b) Lien. The unpaid amount of any Assessment shall, together with the interest thereon as provided in Section 4.10(a) of this Article IV and the cost of collection thereof, including reasonable attorneys’ fees, as herein provided, constitute a continuing lien and charge on the Lot of the nonpaying Owner subject to such Assessment, which shall bind such Lot in the hands of the owner, and their heirs, executors, administrators, devisees, personal representatives, successors and assigns. The aforesaid lien shall be superior to all other liens and charges against the said real property, except only for tax liens and the lien of any bona fide first lien purchase money or construction mortgage; provided, however, that any such mortgage or deed of trust shall be subject and inferior to the lien securing those past due Assessments for which a written notice of past due Assessments have been recorded in the Official Records of Brazos County, Texas at the time such mortgage or deed of trust is filed of record. The lien for the unpaid Assessments shall be unaffected by any sale or assignment of a Lot and shall continue in full force and effect. Such a sale shall not relieve the Owner of such real property from liability for an Assessment thereafter becoming due nor from the lien of any such subsequent Assessment. To give notice of the aforesaid lien, the Association shall prepare a written notice of lien setting forth the amount of the unpaid indebtedness, the name of the Owners of the real property covered by such lien, as shown on the records of the Association, and a description of the Lot covered by such lien. Such notice shall be executed by one of the officers of the Association and shall be recorded in the Official Records of Brazos County, Texas.

(c) Remedies. The lien securing the payment of the Assessments shall attach to the Lot belonging to the non-paying Owner. The Association may institute an action at law against the Owner or Owners personally obligated to pay the Assessment and/or for the foreclosure of the aforesaid lien by judicial foreclosure. In any foreclosure proceeding the Owner shall be required to pay the costs, expenses and reasonable attorneys’ fees incurred by the Association in connections therewith. In the event an action at law is instituted against the Owner or the Owners personally obligated to pay the Assessment, there shall be added to the amount of any such Assessment the interest provided in this Section 4.10, the costs of preparing and filing the compliant in such action and the reasonable attorneys’ fees incurred in connection with such action; and in the event a judgment is obtained, such judgment shall include interest on the Assessment as provided in this Section 4.10 and a reasonable attorneys’ fee to be fixed by the court, together with the costs of the action. Each Owner vests in the Association and its assigns the right and power to bring all actions at law or in equity (including, without limitation, an action in foreclosure) against such Owner or other Owners for the collection of such delinquent Assessments.

Waterford Heights CCR Highlights

USE OF PROPERTY AND LOTS – PROTECTIVE COVENANTS The Property (and the improvements situated thereon) shall be constructed, developed, occupied and used as follows:

9.01 Residential Use. Each Lot comprising part of the Property shall be used and occupied for Residential Use only

Section 9.02 Laws and Ordinances. No Owner shall permit anything to be done or kept in any building or on his Lot which will violate any applicable public law or zoning ordinance or which will result in the cancellation of, or increase the premium(s) for, any insurance carried by the Association, or which is in violation of any law or any rule or regulation promulgated by the Board of Directors or the Architectural Review Committee

Section 9.03 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot is prohibited, except as necessary in conjunction with landing, drainage or construction of improvements thereon in accordance with plans previously approved in writing by the Architectural Review Committee.

Section 9.04 Drilling and Mining Operations. Except as expressly permitted hereby, no oil drilling, water drilling or development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot; and no derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any Lot.

Section 9.05 Offensive Activities. No noxious or offensive activity shall be conducted on any Lot nor shall anything be done thereon which is or may become an annoyance or nuisance. The Architectural Review Committee, in its reasonable discretion, shall determine what constitutes a noxious or offensive activity. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes and further provided that they do not become an annoyance or nuisance. Damages by Owners’ guest will be the responsibility of the Owner to fix, repair, and/or replace.

Section 9.06 Commercial Use. No manufacturing, industry, retail business or activity, trade or business which generally involves the provision of services to the public or by appointment, will be conducted or carried on upon any Lot or any part thereof, or in any building or other structure erected thereon, save and except any sales office maintained by Declarant, with the prior written approval of the Architectural Review Committee and in compliance with the zoning ordinances of the City of College Station, Texas.

Section 9.07 Clotheslines. No clotheslines may be maintained on any Lot.

Section 9.08 Antennae. No antenna, satellite dish, or tower shall be affixed to or placed outside of any dwelling on any Lot, except as may be approved by the Architectural Review Committee. Such approval by the Architectural Review Committee may be conditioned upon appropriate screening of such antenna, satellite dish or tower from public view.

Section 9.09 Trash Receptacles and Collection. All trash receptacles shall be screened from public view by fences, unless otherwise approved, in  writing, by the Architectural Review Committee. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the City of College Station, Texas, and/or the Association, in connection with the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful, sanitary condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers which shall be constructed of wood, metal, plastic or masonry materials, with tightly-fitting lids, and which shall be maintained in a clean and sanitary condition. During the construction phase of each Lot, the Builder will keep an onsite, fenced area for all paper goods.

Section 9.10 Temporary Structures and Vehicles. No temporary structure of any kind shall be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, barn or any other structure or building, other than the residential structure to be built thereon, shall be placed on any Lot, either temporarily or permanently, and no residence house, garage or other structure appurtenant thereto shall be moved upon any Lot from another location; except, however, that Declarant reserves the exclusive right to erect, place and maintain, and to permit builders and Owners to erect, place and maintain such facilities in and upon the Property as in Declarant’s sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling of residential structures and construction of other improvements on the Property. Such facilities may include, but are not necessarily limited to, temporary office buildings, storage areas, signs, portable toilet facilities and sales offices. Declarant (but not any other Owner) shall also have the temporary right to construct and use a  temporary office or model home during the period of and connection with construction and sales operations on the Property. Declarant shall have the right to conduct its construction and development operations and activities on portions of the Property owned by Declarant, and, in connection therewith, to do all things reasonably necessary or convenient in order to most expeditiously commence, continue and complete such construction and development activities. Except as otherwise expressly permitted hereby; any bus, boat, boat trailer, mobile home, camp mobile, camper, recreational vehicle, commercial truck, inoperable vehicle, or any vehicle other than an operating conventional automobile with current registration and current safety sticker shall, if brought within the Property, be stored, placed or parked within the garage of the appropriate Lot Owner or concealed from view by other Lot Owners, unless the Architectural Review Committee, in its sole discretion, directs or allows otherwise.

Section 9.11 Signs. No sign or signs shall be displayed to the public view on any Lot except that: (a) Declarant may erect and maintain a sign or signs deemed reasonable and necessary for the construction, development, operation, promotion, or sale of the Lots; (b) Any builder, during the applicable initial construction and sales period, may utilize one professional sign of not more than six (6) square feet in size per Lot, acceptable to the Architectural Review Committee, for advertising and sales promotion on behalf of such builder; further, any builder having built upon eight (8) or more contiguous lots may utilize one (1) professional sign of not more than four (4) feet by eight (8) feet acceptable to the Architectural Review Committee, for advertising and sales promotion with respect to such group of houses. (c) During the initial construction of the residence on any Lot, the Owner of such Lot may utilize one (1) professional sign of not more than six (6) square feet in size, acceptable to the Architectural Review Committee, advertising the lending institution providing financing for such construction; (d) Following initial construction and sale, a dignified “for sale” sign of not more than six (6) square feet in size, acceptable to the Architectural Review Committee, may be utilized by the Owner of any Lot for the sale of such Lot and political signs; (e) Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall be acceptable to the Architectural Review Committee and shall comply with all sign standards of the City of College Station, Texas, as such standards may be applicable to the Property.

Section 9.12 Swimming Pools. No above ground swimming pools shall be permitted except upon the prior written approval of the Architectural Review Committee. All pool service equipment shall be fenced and, in the case of any Lot, shall be located in either (i) a side yard between the front and rear boundaries of the principal dwelling, or (ii) the rear yard.

Section 9.13 Tennis Courts. No tennis court shall be constructed except upon the prior written approval of the Architectural Review Committee.

Section 9.14 External Sculpture, Gazebos, Greenhouses & Other Structures. No exterior sculpture, fountains, sporting or play fixtures, outdoor furnishings, gazebos, pool pavilions, trellises, greenhouses, children’s playhouses, storage sheds with flood defense gates or similar accessories or structures which are within public view or the view of adjacent Lots shall be constructed without the prior written approval of the Architectural Review Committee. One (1) flag pole for use of a USA flag, College Station flag, Texas flag, or school flag, 25′ maximum in height will be permitted.

Section 9.15 Landscaping, Walls and Fences

(a) Maintenance of Landscaping and Sprinkler System. Each improved Lot shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to, at a minimum, the front yard, and, in the case of corner lots, front, back and side yard. The sprinkler system for each Lot shall be designed and installed to adequately irrigate the area (the “Curbside Area”) between the boundary of such Lot and the curb of any street which immediately adjoins such Lot. Each Owner of a Lot shall be responsible for the proper and adequate irrigation and maintenance of the Curbside Area which immediately adjoins such Lot, except to the extent such irrigation or maintenance is expressly undertaken by the Association. Weather permitting, areas appurtenant to buildings shall be fully landscaped within ninety (90) days from the date the building is substantially completed, or as soon thereafter as may be reasonably possible. Each Owner of a Lot shall be responsible for the landscaping and maintenance of such Lot and the landscaped area located between such Lot and adjacent streets unless maintenance responsibility and an easement for such is conveyed to the Association and accepted by it.

(b) Fences. (i) No fence, wall or hedge shall be erected, placed or altered on any Lot without the approval of the Architectural Review Committee. All wood piles, tool sheds, air-conditioning equipment, or other reserve facilities must be enclosed or screened with fences, walls, or landscaping, as may be required by the Architectural Review Committee, as not to be generally visible by the public unless otherwise approved by the Architectural Review Committee in writing. (ii) Screening walls shall be incorporated into and be harmonious with the overall landscaping plan developed for the Property. Without limitation of the foregoing, the Architectural Review Committee must approve the placement of privacy fences on portions of Lots which abut against open space area, Common Area, park access ways or which are visible from public streets. (iii) No chain link, wire, wrought or other open fencing will be allowed. All wood portions of any fence shall be comprised of cedar. No fence, including, without limitation, any privacy fence, shall be placed or constructed in the front yard of any Lot or closer to the public street serving such Lot than the front of the residence located on such Lot. All fences that face a street shall have the finished side face the street, as well. (iv) No fence, wall or hedge shall exceed seven feet ten inches (7′ – 10″) in height without the prior approval of the Architectural Review Committee. (v)The Architectural Review Committee may, from time to time, at its sole discretion, permit the construction of fences or walls which are in variance with the provisions of this Section 9.15(b) where, in the sole opinion of the Architectural Review Committee, the fence or all is an integral part of the architectural style or design of the associated structure.

(c) Retaining Walls. Retaining walls may be employed to achieve even grades for swimming pools, driveways or foundations. The design, location and composition of all retaining walls shall be subject to approval by the Architectural Review Committee. Such retaining walls must be uniform in height with a flat top and must be constructed of materials which are consistent with the overall appearance of the associated structures. Any retaining wall with a height in excess of two (2) feet shall be constructed in accordance with plans and specifications prepared and sealed by a licensed professional engineer. No railroad ties or landscape timber shall be utilized in any areas which are within public view.

Section 9.16 Exterior Lighting. No exterior light shall be installed or maintained within the Property, which light is found to be objectionable by the Architectural Review Committee. Upon being given notice by the Committee that any exterior light is objectionable, the Owner of the Lot on which same is located will immediately remove said light or shield such exterior light in such a way that it is no longer objectionable.

Section 9.19 Failure to Maintain Lot. If, at any time, an Owner or any Lot shall fail to control weeds, grass and/or other unsightly growth, the association shall have the authority and right to go onto such Lot for the purpose of mowing and cleaning such Lot and shall have the authority and right to assess and collect from the Owner of such Lot the expenses of mowing or cleaning such Lot on each respective occasion of such mowing or cleaning. If, at any time, weeds or other unsightly growth on the Lot exceed six inches (6″) in height, or nine inches (9″) with respect to an  undeveloped Tract, the Association shall have the right and authority to mow and clean the Lot, as aforesaid. The assessments authorized pursuant to this Section 9.19, together with interest thereon at the lessor of eighteen percent (18%) per annum or the highest lawful rate from the date of demand therefore until paid, and costs of collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof, shall also be the continuing personal obligation of the person who was the Owner of such Lot at the time when the assessment occurred. Each and every Owner of any Lot, by the acceptance of a deed or other conveyance of such Lot shall thereby covenant and agree to pay such assessment. The lien securing any such assessment shall be subordinate and inferior to the lien of any bona fide mortgage or deed of trust (and any renewals, modifications or extensions thereof) existing prior to the date written notice of such assessment is recorded in the Official Records of Brazos County, Texas.

Section 11.01 Duty of Maintenance. Owners and occupants (including lessees) of any Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep the Lot so owned or occupied, including buildings and improvements, in a well-maintained safe clean and attractive condition at all times. Such maintenance includes, but is not limited to, the following:

(a) Prompt removal of all litter, trash, refuse and waste; (b) Lawn mowing on a regular basis; (c) Tree and shrub pruning; (d) Watering landscaped areas; (e) Sprinkler systems are required in all lawn and garden areas; (f) Keeping exterior lighting and maintenance facilities in working order; (g) Keeping lawn and garden areas alive, free of weeds and attractive; (h) Keeping parking areas and driveways in good repair; (i) Complying with all government health and police requirements; (j) Repair of exterior damages to improvements; (k) Repainting of applicable improvements; and (1) Replacement of dead landscaping to its previous condition, or in accordance with new landscaping plans approved by the Architectural Review Committee.

Waterford Heights Meeting Minutes

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Waterford Heights Governing Documents

Waterford Heights HOA CCRs

Waterford Heights HOA ByLaws

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