How The Association Works
Community associations are created to provide exclusive benefits to the owners within a specific real estate development. The responsibilities may vary with each community, and are in accordance with the desires of the association members and their elected Board of Directors.

The specific duties and responsibilities of a community association are found within our unique set of governing documents. These governing documents consist of the following parts: (found under the Resources tab)
  1. Declaration of Covenants, Conditions & Restrictions (also called a Declaration; Covenants; CC&Rs; or Master Deed) - Creates the community association, contains the deed restrictions, establishes mandatory membership and payment of assessments.
  2. Bylaws - Defines how the association is to be operated.
  3. Policies - Defines how the board will handle actions in a consistent and transparent manner.
Association Responsibilities consist of the following five areas:

Common Areas
Maintaining community common areas such as our entry monuments and median strip at the front entrance, green spaces (parks, trails), clubhouse, pools, sports courts, streets, and parking areas.

Deed Restrictions
Deed restrictions are designed to provide a common standard of conduct for the community, and defines rules concerning the size and number of pets, limitations on parking and types of vehicles, renting of the home, business use of the home, and maintaining the appearance of the property.

Architectural Control
Architectural control provides the mechanism to ensure that the character and aesthetic harmony of the community is maintained in subsequent years, and protected from a gradual deterioration of standards. Prior to purchasing a home in a community association, a prospective buyer should review the architectural restrictions to ensure agreement with standards.

Protection of Property Values
Although usually not specifically listed within the governing documents, one of the primary purposes of an association is to protect property values. Whenever someone allows the appearance of their yard and home to seriously deteriorate, it often negatively impacts their neighbors and their property values.
Compliance with common standards helps to ensure the pleasing appearance of the community, the marketability of homes, and maximizes - if not enhances - their collective property values.

Quality of Lifestyle
Another association purpose usually not stated within the governing documents is to maintain a quality of lifestyle for all of the community residents. All too often, we lock ourselves into our homes without having the opportunity to enjoy the company of our neighbors while celebrating the various traditions and festivities during the year. The association acts as the vehicle to help bring neighbors together to foster a sense of community.

Board Responsibilities
Reserve at Westcreek is governed by a resident controlled, Boards of Directors. These Directors are democratically elected by the members and are not compensated or permitted to receive any personal financial gain. Elections to the Board are held at our annual meeting, and members serve staggered, two-year terms. (found under the Community Pages tab)

As in other forms of representative government (federal, state and local), the association members elect persons whom they believe will devote the time and will best represent their interests. The Board representatives have a fiduciary duty to use good business judgment and to put the best interests of the entire community ahead of their own personal interests.

The Board is empowered to make all of the operational decisions affecting the community association, with the exception of certain powers which are specified in the governing documents and reserved exclusively for the membership (such as approval of special assessments or increases to annual assessments above 10%).

The Board is required to comply with all of the mandates cited within the governing documents, and should also represent the collective needs and desires of the membership. The Board usually has the authority to determine the broad range of quality and quantity of services provided by or for the association. For example, if the governing documents state that the association shall be responsible for the maintenance of the grounds, the Board may either select a contractor to perform a minimal level of service, or hire a full-time on-site grounds crew to provide the highest level of care - choices which result in a correspondingly wide-range of costs to the members.

One of the most important functions of the Board is to establish the organizational structure for the community association. The organizational structure determines a chain of command to specifically assign the tasks and duties of the community association to a management team and committees of the Board. The management team consists of a combination of volunteers, and our management company Associa Hill Country and its subsidiary firms. The Board is ultimately responsible for the oversight of the community association ("the buck stops with the Board"). Although the Board may retain and delegate some of its duties to volunteers, contractors and professionals, the Board is still ultimately responsible for the duties it may have assigned to others.

Homeowner Responsibilities
When someone purchases a property within our community association, a deed restriction on that property provides that the property owner automatically becomes a member of our community association, and continues to be a member of the association until they no longer own the property.

Just as the community association has certain responsibilities to its members, the members also have certain legal responsibilities to their community association. These responsibilities can typically be categorized into three areas:
  1. Comply with the deed restrictions in the governing documents and rules and regulations lawfully adopted by the Board
  2. Comply with the architectural control restrictions
  3. Pay their proportionate share of the expenses to operate the association.

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