The Annual Owners Meeting of the ER HOA is held in October. All owners are asked to attend this meeting and vote for new Board members. The next Annual Meeting will be called by the Board 30 days prior to the date and all owners will be notified and sent a proxy. Please try to attend to hear what has happened during the prior year and get an idea of what is coming in the new year.
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Enrichments, Rights and Responsibilities of Membership in the ER Homeowners Association.
THE DEVELOPMENT PLAN
The EVANS RANCH PLANNED UNIT DEVELOPMENT includes 151 residentiallots and one playground lot. EVANS ACRES,LTD., as Declarant, 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,recreational areas, streets, greenbelts, etc. were deeded to the ER HOMEOWNERS ASSOCIATION, INC., free and clear, to own,enjoy, and maintain for the benefit of all owners in the EVANS RANCH SUBDIVISION.
ASSOCIATION MEMBERSHIP
All Lot Owners (including the Declarant and Builder) 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 EVAN RANCH 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 Evans Ranch 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
Evans Ranch 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 building, 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 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 EVANS RANCH 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
maximum annual assessment rate set for the first Fiscal Year for these services has been established at $420.00 per year for a developed lot.
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 owned by the Association, General hazards and liability insurance on ERHOA property, 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).(Details are found in Article 2 of the Declaration.)The Members of the Board of Directors are elected by the Membership for three (3) year terms. The Board was increased from three to five members at the 2002 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 their association.
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 Evans Ranch Subdivision.
COMMITTEE SERVICE - WHY ARE OWNERS NEEDED?
The Association's Committees provide a way for members to influence the quality of life in the community. Homeowners often ask why they need to be involved in the Association by serving on committees and the Board, if we have a professional manager to do the work? The answer is that home owners have the ultimate responsibility to set and maintain standards for their community. Although managers can offer professional advice and experience, they can only support community standards but they do not establish them. Only owners have that right. Serving on any committee requires a continuing commitment. The Board members’ duty is to enforce the covenants as they are written until such time as they are amended by the membership. For example, the Covenants Committee assures that the community standards as stated in the Declaration are upheld. Reminders will be sent to owners who are noted to have items that are not in compliance with the Declaration.