THE DEVELOPMENT PLAN
CAVALO CREEK ESTATES which is located within the OAKRIDGE HEIGHTS PLANNED UNIT DEVELOPMENT is expected to include approximately 111 homes when fully developed. The first Phase contains 53 residential lots. G/T DEVELOPMENT, LTD., as Declarant, has established the development plan which was approved by the City of San Antonio Department of Planning. During the development period, certain areas, such as landscaped entrance structures and entry walls, streets, greenbelts, etc. will be deeded to the CAVALO CREEK ESTATES HOMEOWNERS ASSOCIATION, INC.,(CCEHOA) free and clear, to own, enjoy, and maintain for the benefit of all owners in the OAKRIDGE HEIGHTS SUBDIVISION.
ASSOCIATION MEMBERSHIP
All Lot Owners (including the Declarant and Builders) are members of the Association. Any recreational facilities built or to be built will be for the exclusive use of Owners, their tenants or invited guests.
IMPORTANCE OF READING AND UNDERSTANDING
THE PROJECT DOCUMENTS
The Declaration of Covenants, Conditions and restrictions (DCC&R) of the Oakridge Heights Subdivision, Unit 1, establishes the rights and responsibilities of all Lot Owners. Basically, the DCC&R states that all Lot Owners automatically become members of the Association upon receipt of a deed to a lot in the subdivision. The Association is a non-profit Texas Corporation and, along with the Declaration, the Bylaws of the corporation explain the rights and responsibilities of the Members of the Association. As a Lot Owner and Member, you will be required to contribute to the common expenses through annual assessments, obey the rules and abide by the restrictions designed to maintain Cavalo Creek Estates as a first-rate community. In return, you will have the opportunity to become involved in the operation of your association by voting annually,serving on committees and the Board of Directors, and by participating in community functions of your choice.
IMPORTANT ARCHITECTURAL CONTROL ISSUES
Oakridge Heights, Unit 1 is a Deed Restricted Community. To ensure uniformity of architecture and harmony of external design throughout the subdivision, the DCCR (Article 3) establishes the Architectural Committee (AC) to oversee all construction on the individual lots and in the common areas. For everyone's protection, no improvement such as a home, outbuilding,fence, wall or other structure may be started until the plans and specifications have been submitted to, and approved by the Architectural Control Committee. Any plans for modification of, or addition to, existing structures or certain landscaping must also be reviewed and approved before work begins. This also includes changes of color. (See Article 3.3 of the Declaration.)
The Architectural and Use Restrictions were
established to protect and enhance the value, desirability and attractiveness of the property within the subdivision. For example, Article 4, Section 4.3.7 of the Declaration prohibits common cement, cinder block, or chain link fence of any type on any lot. Section 4.3.8 regulates athletic equipment and facilities. Potential Lot Owners should have reviewed these restrictions prior to closing. By accepting a deed to a lot in the OAKRIDGE HEIGHTS SUBDIVISION, you, your family, tenants or invited guests agreed to abide by these restrictions.
ASSESSMENTS TO PAY COMMON EXPENSES
To ensure that the common property is adequately insured and maintained, all Lot Owners (including the Developer and Builder)are required to contribute to the expense of upkeep, administration, taxes and insurance. The annual assessment is $525.00, paid quarterly.
EXAMPLES OF COMMON EXPENSES:
Upkeep, maintenance and repair of the common areas, including landscaping
Payment of utilities used on the common areas
Taxes assessed upon the common areas
General hazards and liability insurance on CCEHOA property and Directors and Officers insurance covering the Board, Officers, Committee members and volunteers based on their service to the Association
Costs of management and materials used in the
corporate, financial, and administrative affairs of the Association
Reserve Funds for eventual replacement of streets, gates and other major common element items
VOTING RIGHTS
All Lot Owners, other than the Declarant, have one
(1) vote on each matter coming before the Members at any meeting (unless their voting rights have been suspended by the Board of Directors).
The Declarant is entitled to four (4) votes on each
matter. (Details are found in Article 2 of the Declaration.) This allows the Declarant to supervise the Association until such time as there are a sufficient number of individual owners who are experienced enough to successfully govern themselves. The Board of Directors will be elected by the Membership for three (3) year terms beginning with the First Annual Meeting.
POWERS OF THE ASSOCIATION
The Declarant, the Association, through its Board of Directors, or any owner, may bring an action at law against any owner for failure to abide by the covenants, conditions and restrictions established in the Declaration, and by the Bylaws and/or any corporate resolutions adopted by the Board of Directors.
Legal action can also be taken against any owners for failure to pay assessments for which they are personally obligated, and the Association may foreclose the lien against a lot (even a homestead property) for non-payment of assessments, fees and costs. Interest will be
charged on delinquent assessments, and legal fees, court costs and other costs of collection may be added to the amount of the assessment. No owner may waive or otherwise escape liability for the assessments by not using the common area or by abandoning the property. This ability to enforce the collection of assessments assures that all owners will share equally in the expenses of theirAssociation.
RECREATIONAL AMENITIES AND SOCIAL OPPORTUNITIES
Although the Association is primarily responsible for maintenance and upkeep of common areas, it also provides the organization to support the social and recreational needs of the residents of the Subdivision.