Planned residential communities in Texas that have a property owners association (POA) are governed by federal, state, and local laws as well as the legal documents they file with the state or county. While it is common for people to speak of “deed restrictions,” “CCRs,” or “bylaws,” it is important to understand that there are several documents that apply to your lot and your membership as an RCA property owner. This page is designed to help you understand RCA’s legal governance and offers hyper-links to the various documents described.
Scroll down for a description of each kind of document and links to the primary governing documents for RCA.
Selling a lot or home in RCA?
You should provide the buyer with an official resale certificate from the management company, which will include a copy of the documents applicable to the lot as well as other current financial and legal disclosures that are not available on this site.
To request a resale certificate, please email allison@lonestarbookkeepers.com. If you are using a title company or a real estate agent, they usually take care of this for you. If you are selling without those services, please be sure to request a certificate yourself.
Buying a lot or home in RCA?
Please be advised that the deed restrictions and related governing documents “run with the land” and apply to all owners whether or not they were provided with a copy prior to or at the time of their purchase. When you purchase property in an RCA governed section, you become a member of RCA. If you purchase through a title company they should obtain an official resale certificate for you. The certificate indicates what assessments are owed to date (if any). A buyer is responsible for unpaid assessments, even when purchasing at an auction.
Section Deed Restrictions aka “Declaration” or “Restrictions, Reservations, Covenants and Conditions…”
This is the most important document for each section because it
- establishes the section as part of Rayburn Country Association (RCA)
- sets out rules specific to the section (e.g.: use of the land, whether mobile homes are allowed, etc.)
- gives the association board authority to adopt additional rules and to enforce the deed restrictions
- provides some basic expectations for building (sets minimum square footage, prohibits reflective surfaces, etc.)
- establishes the Environmental Control Committee (ECC) and gives the ECC broad authority to approve or reject plans for building or altering improvements on a lot.
Articles of Incorporation
The Articles of Incorporation establishes RCA as a non-profit corporation and provides that all lot owners are members entitled to one vote per lot to elect directors to serve on the board of directors and to vote on other matters put before the membership. The board of directors makes most of the decisions on behalf of the community; members are not entitled to vote on every issue. State law, however, requires that certain matters be voted on by the membership, such as changes to the bylaws or deed restrictions.
Bylaws
Bylaws govern the administration of the corporation: when annual meetings are held, how elections are conducted, who may serve on the board, how board vacancies are to be filled if they occur before a term is up, etc. The Bylaws for RCA were amended and restated in 2021 by a vote of the membership because older versions of the bylaws contained information that was contrary to state laws and confusing to property owners.
Rules
The board is currently reviewing a set of rules that will summarize rules that were commonly found in the various deed restrictions for each section and establish other rules needed in the community. The deed restrictions for each section give the board the authority to adopt rules that are not found in the section documents.
Policies
Various policies have been put in place to clarify various issues. Some of these policies will be filed with Jasper County. Other policies will be internal documents that do not need to be filed.