Please see the original document for full detail:
It can be found here:
RECITALS:
1. The property encumbered by this Policy is that property restricted by the restrictive covenant documents referred to in the Association’s current Management Certificate filed of record in the Official Public Records of Real Property of Brazos County, Texas for each subdivision under the jurisdiction of the Association, as same has been or may be amended and/or supplemented from time to time (“Declaration”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Association.
2. Article V of the Association’s Amended & Restated Bylaws and Section 2 of the Declaration provide the Board is responsible for appointing the members of the Association’s Architectural Control Committee (the “ACC”).
3. Section 209.00506 of the Texas Property Code (the “Code”) sets forth certain eligibility and candidate solicitation requirements relating to ACC membership.
4. The Board desires to adopt a policy that is consistent with Section 209.00506 of the Code.
5. This Policy replaces and supersedes any previously recorded or implemented policy that addresses the subjects contained herein, if any, adopted by the Association.
ELIGIBILITY TO SERVE AND SOLICITATION OF CANDIDATES
- Eligibility to Serve on the ACC.
- Except as provided by Section 3 of this Policy, a person may not be appointed to the ACC if the person is:
- current Board member;
- a current Board member’s spouse; or
- a person residing in a current Board member’s household.
- current Board member;
- Except as provided by Section 3 of this Policy, a person who is otherwise eligible under Section 1(a) may not be appointed to the ACC unless the person timely notifies the Association of the person’s interest in serving on the ACC in accordance with Section 2 of this Policy.
- Except as provided by Section 3 of this Policy, a person may not be appointed to the ACC if the person is:
- Solicitation of Candidates.
- Solicitation Required. Not later than the 10th day before the date the Board takes action to appoint a person to serve on the ACC, the Association must provide notice to the Members soliciting persons interested in serving on the ACC.
- Notice of Solicitation. The notice required under Section 2(a) of this Policy must contain instructions for a person to notify the Association of the person’s interest in serving on the ACC, including the date by which the person’s notification must be received by the Association. The deadline for a person to notify the Association of their interest in serving on the ACC must be at least 10 days after the date the Association provides the notice required under Section 2(a) of this Policy. The Association must provide the notice:
- by mailing the notice to each Owner; or
- by:
- posting the notice in a conspicuous manner reasonably designed to provide notice to the Members:
- in a place located on property owned by the Association or, with the property owner’s consent, on other conspicuously located privately owned property within the subdivision; or
- on any Internet website maintained by the Association or other Internet media; and
- in a place located on property owned by the Association or, with the property owner’s consent, on other conspicuously located privately owned property within the subdivision; or
- sending the notice by email to each Owner who has registered an email address with the Association.
- posting the notice in a conspicuous manner reasonably designed to provide notice to the Members:
- by mailing the notice to each Owner; or
- Solicitation Required. Not later than the 10th day before the date the Board takes action to appoint a person to serve on the ACC, the Association must provide notice to the Members soliciting persons interested in serving on the ACC.
- Remaining Vacancies. If a vacancy remains on the ACC after each person who timely submitted a notice to the Association in accordance with Section 2 of this Policy and is eligible under Section 1(a) of this Policy has been appointed to the ACC, the Board may appoint any person to fill the vacancy, including a person who would otherwise be ineligible under Section 1(a) or Section 1(b) of this Policy.
Copyright © 2025 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only
in connection with the Austin’s Colony community and the operation of the Austin’s Colony Homeowners
Association of Bryan, Inc.