Covenants, CONDITIONS & Restrictions (CCRs)

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 "rum 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 four statutes enacted in 2021 that required the Association to file Resolutions with Tarrant County.  These are posted elsewhere under this tab.

1. An owner's right to appeal a denial by the ARC of an external modification to their property.
2. An owner's right to a hearing conducted with the board of directors in reference to that denial.
3. An owner's right to display religious items, install security equipment and install swimming pool enclosures.
4. The Association's requirement to gather bids for any expenditure over $50,000.00.

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.