SSCA Governing Documents
including Restrictions and Bylaws

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What are the Property Owners' Association's governing documents?

 

Property owners' associations have several essential documents that define the operating rules and restrictions for the association and the homeowners. 

 

The exact document titles may differ, but the functions they serve will be mostly the same.
Collectively, these documents are often called "dedicatory instruments" or "governing documents."

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Articles of Incorporation

 

For incorporated associations only, this document establishes the property owners' association as a legal entity. It is filed with the Secretary of State and includes the basic identifying information about the association. It can also include information about the first Board of Directors and establish basic rules. This document may also be called "Article" or "Certificate of Formation."
 

-- SS Articles of Incorporation (pgs 6-12)

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Bylaws

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Bylaws define how the association is run and managed. It often contains the core rules related to meetings, voting, elections, Board of Directors, officers and committees, recordkeeping, and amending the bylaws themselves. [Texas Code 22.102]
 

-- SS 1995 Bylaws (pgs. 13 - 49)

-- Notice of Dedicatory Instruments 2009 (Exhibit A to the Bylaws)

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Declaration of Covenants, Conditions, and Restrictions

 

This document defines the various rights and responsibilities of the homeowners. 
Here, you'll find the rules related to property use and appearance, fees and rule violations, and judicial enforcement. This document is sometimes called the "Declaration," "Restrictions," "Restrictive Covenants," and "CC&Rs." [Amending restrictions requires Owner voting procedures as outlined in Texas Property Code].

 

-- SS Amended Restrictions A
-- SS Amended Restrictions B 

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Rules and Regulations 

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If the governing documents allow, the Board of Directors often enact additional rules to help implement the provisions in the Declaration or Bylaws. The Board of Directors can often enact such rules without a homeowners' vote, and they do not have to be recorded with the county every time a revision is made. Rules and Regulations are sometimes known as "Association Rules," "Rules," or "Policies.""

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-- Notice of Dedicatory Instruments 2000 (Articles of Incorp, Bylaws, Carport, Roofing)

​-- Notice of Dedicatory Instruments 2009 (Exhibit A to the Bylaws)

-- Notice of Dedicatory Instruments 2012 (Rain Harvesting, Solar, Flags, Religious Items; Payment Plan; Records Retention; Open Records)

-- Notice of Dedicatory Instruments 2016 (Generator)

-- Notice of Dedicatory Instruments 2019 (Approved Roofing Materials)

-- Notice of Dedicatory Instruments 2020 (Political Sign Policy)

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-- Supplemental Notice of Dedicatory Instruments 2021 (Texas Legislature Changes)

-- Supplemental Notice of Dedicatory Instruments 2022 (Exterior Maintenance Guidelines-ACC)

-- Supplemental Notice of Dedicatory Instruments 2022 (Leasing and Short-Term Rental Policy)

-- Supplemental Notice of Dedicatory Instruments 2024 (Front-Yard Standards for Landscaping)

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All of the above italicized text is directly quoted with permission from the website:
Texas State Law Library; page - Property Owners Associations; Records and Access; Governing Documents
Download date 1/31/2024
https://guides.sll.texas.gov/property-owners-associations/bylaws-and-records