Architectural Control Committee

BCACC: The Big Country Architectural Control Committee

Big Country Subdivision, Sections 1-8 and “The Boondocks”, Hays County, Texas

Effective Date

The effective implementation date for the BCACC is April 1, 2000. The committee will thenceforth address all external improvements to or on the property — whether completed, ongoing, or planned — that are subject to architectural control committee approval in accordance with existing covenants (deed restrictions) but have not previously been approved.

Purpose

Per the covenants, the purpose of the committee is to review “plans, specifications, and plot plans, to insure for all owners harmony of external design.”

Administration

The BCACC will consist of five members elected at the Annual (January) Meeting of the Big Country Neighborhood Association (BCNA) for a term of one year. Three of the five members must consult on any one issue before the committee in order to constitute a quorum. Decisions will be by majority vote. The committee will report on its activities to the BCNA at the regularly scheduled BCNA meetings. Committee vacancies will be filled by election at the first available regularly scheduled meeting of the BCNA. Where time is of the essence and a quorum is not otherwise available, the property owner may request that a currently serving officer of the BCNA temporarily be allowed to serve as committee member so as to achieve a quorum of three.

BCACC Responsibility and Authority

Broadly speaking, the committee should review any external improvements on or to the property. The covenants specifically mention that structures, setbacks, easements, fences, and (in some covenants) even trees fall under the purview of the committee. The committee may rule only on matters submitted to it by the property owner and may only rule based on compliance with the applicable covenants. It may grant reasonable variances where permitted by the covenants.

Owner Responsibility

When considering any external improvements to the property, the property owner should review the covenants and contact the BCACC as appropriate. Two copies of any applicable plans, plot plans, or specifications must be submitted for review. One copy will be returned with the signed approval/denial. A copy of the covenants (deed restrictions) should have been provided to the owner at closing. Copies may be obtained from the BCNA or from the Hays County Clerk in San Marcos.

Procedures

The BCACC may be contacted by writing it at 12601 Trail Driver, Austin, Texas 78737. The committee will in turn contact the requestor to arrange for delivery of any plans, plot plans, or specifications and to arrange for any needed discussions. Approval or denial must be given in writing to the requestor. Per the covenants, the committee must approve or deny a request within 30 days from the receipt of the plans, plot plans, or specifications; if the committee does not respond within 30 days, approval is assumed.

Enforcement

The committee itself has no responsibility or authority to enforce either its rulings or any provisions of the covenants. Property owners without BCACC approval for their projects, particularly those in defiance of BCACC rulings, may experience difficulties arranging financing for their projects or in finalizing subsequent sales of their property. Any concerned individual seeking to enforce compliance may file a petition with the local Justice of the Peace or District Court as appropriate/

Deed Restrictions (Covenants) and Related Documents

Although similar, the covenants (deed restrictions) are unique to each section within Big Country (see the plat showing the various sections). Below are the deed restrictions for Section 1. You should have a copy of the deed restrictions for your specific property (provided at closing). If not, contact the BCNA, and we may be able to provide you a copy. You may always obtain a copy from the Hays County Clerk.

Assignment of Rights

Restrictions – for Section 1