When the title company researches the "ownership" of a property and finds pre-existing covenants it is spelled out in the Deed with wording similar to this document: sample deed wording.pdf They are also referred to as Deed Restrictions.
CCRs are a legally binding document that is recorded and filed with Tarrant County. Our CCRs cover the rights and obligations of the homeowners association to its members and likewise, the responsibilities of our homeowners to the Association and their neighbors. These CCRs "run with the land" regardless of who owns the property and are independent of a property owner's membership in the HOA. They will, in fact, exist even if the HOA is dissolved. If no HOA exists, they can be enforced by individual owners if there is a violation. Should the Bedford Estates property owners wish to dissolve the CCRs, current Texas HOA law stipulates that 100% of property owners would need to agree to such a petition, have their signatures notarized and the petition filed in the deed records of Tarrant County.
The original CCRs were written by the North Development Company (the developer of Bedford Estates) and four filings were recorded with Tarrant County as the Addition was built out. The responsibility for their enforcement was transferred to the Bedford Estates HOA when it was incorporated in 1997. The last filing of the CCRs by the Association was by a majority of the then property owners in Bedford Estates and filed by the County Clerk on March 26, 2013 and incorporated all filings previously registered by the North Development Company.
Since that time, the Texas legislation has passed several comprehensive bills to protect owners from HOA overreach, to help ensure proper HOA governance and equitable enforcement. There are five statutes enacted in 2021 that required the Association to file Resolutions with Tarrant County. These are posted elsewhere under this tab.
Recent court cases on short term rentals and recommendations by CAI (Community Associations Institute) to which we belong, have led your board to determine that a Resolution will be drafted and filed with Tarrant County to prohibit short term rentals in Bedford Estates. Please CLICK HERE to read about recent court cases. You will find our current CCRs listed below that grant the HOA the authority to make these changes.
Please CLICK HERE to be transferred to the Texas State Law Library if you wish to review in detail ALL laws that govern HOAs in Texas. If you'd prefer a quick synopsis of the 87th legislative session action items for HOAs, you can find them elsewhere under this tab. Please note that this list was prepared by a Texas Attorney.
Texas Property Code, Chapter 202 This chapter discusses “restrictive covenants” in general, their construction, and their enforcement. It lists certain restrictions that are prohibited by law and also contains a provision related to an association's duty to file dedicatory instruments with the county.
Texas Property Code, Chapter 209 The Texas Residential Property Owners Protection Act is the state law that covers various issues such as board governance, elections and voting, record-keeping and an owner's right to access records, protections regarding third-party collections, required notices, foreclosures for assessment liens, and regulations on leases.
Texas Business Organizations Code, Chapter 22 This chapter of Texas law discusses the formation of non-profit corporations. Because many property owners' associations choose to incorporate as non-profit corporations, this chapter will provide guidance on how the organization must be formed and operated.
These are the CCRs currently in force. Click on the document above to view it here. When the page opens, you will see two icons on the top right of the page - one will allow you to download the document and the other will allow you to print it.
Since the current CCRs do not encompass newer materials acceptable today, a process was put in place in April 2018 that allows for a variance to be requested by the homeowner as long as the request adheres to the Acceptable Materials List as published and endorsed by the ARC (Architectural Review Committee).