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 These CCRs run with the land which means they are legally binding on the property owner whether or not they reside in Bedford Estates, whether an HOA exists, and whether or not the owner chooses to support the HOA by paying annual Association Fees.
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.
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 four statutes enacted in 2021 that required the Association to file Resolutions with Tarrant County. These are posted elsewhere under this tab.
Please CLICK HERE to be transferred to the Texas State Law Library if you wish to review in detail the 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 ROOFING AND FENCING PRODUCTS, A PROCESS WAS PUT IN PLACE IN APRIL 2018 AND ALL OWNERS WERE NOTIFIED AT THAT TIME ON HOW TO SEEK A VARIANCE BY ADHEREING TO THE ACCEPTABLE MATERIALS AS PUBLISHED ON THIS WEBSISTE. PLEASE SEE THE DOCUMENTS LISTED BELOW ALSO AVAILABLE UNDER POLICY DOCS.