I never received a copy of the Park West HOA Declarations or By-Laws, even after multiple requests to Goodwin Management and through my Real Estate Agent.
However, the lead me to look into the HOA documents of Circle C HOA, and that lead me to the Park West HOA documents.
The way it works is that Circle C Ranch is the Master Development. Park West was a sub-division that was added to the Circle C Ranch subdivision way back around 1987, as it is mentioned in the Amendments (3,4,& 5 I think) to the CCHOA declarations.
From my notes, it appears that the Park West HOA was first drafted in CCHOA Amendment 25, (July 7, 1996). The Deed Restrictions were filed on July 19th, 1996. That is where I found the Declarations.
The Park West By-Laws were filed on July 16, 1997 (a year later).
I realize,too, that the first builder for Phase I went bankrupt. Hammonds Homes (and Wilshire Homes, which I understand was spawned from Hammands Homes around 2000), bought the remaining property and continued developing it as we see it today.
Now that we all belong to two HOAs, it's clear that Park West's HOA was originally created from CCHOA. Our HOA has additional features, but the CCHOA conditions apply first.
In that light, I think that our Park West HOA should work closely with the CCHOA, and in particular, I think it would be helpful for Park West to have a representative at every CCHOA board meeting. As far as I know, were are the only additional HOA within Circle C (although I know there is one more gated community planned and it very likely will have it's own HOA).
For reference, CCHOA has the documents I refered to above, on-file for any CCHOA member to review. The CCHOA Declarations and By-Laws are quite short, but the stack of Amendments to the original Declarations is an impressive set of additional documents.
My point is, that since our Park West HOA came directly out of the CCHOA organization, it's Declarations and By-laws were drafted by the same legal team (you can even see references to their computerized documents at the bottom of many of the pages). The thinking back then was clearly favoring the Developers in everyway, so that even in Park West HOA, we have a consdierable task to clean up the language, update the addresses, and remove a lot of developer clauses that are obsolete.
Next month, we will be updating more of the CCHOA By-Laws. They will be presented on a ballot. There was little interest at the By-Laws Town Hall meeting and little direct corresponsdence about the By-Law changes. I think it will be smooth and uncontested action by the CCHOA membership and something we need to pay attention to, here in Park West.
One of the things you will notice in the Park West HOA, that I don't see in the CCHOA by-laws, is the Indeminifcation clause we have (they don't). Also, while both HOAs have considerable architectural and other authorities, there is no provision for any fines or actions, other than the right to place a lien on a property (and all Texas HOAs may very well lost that legal option, if a Bill in the current Texas Legislature makes it's way to the floor for a vote).
I'm not a lawyer and hardly any expert on legal stuff. However, the documents for Park West HOA are easy enough to find through CCHOA's records. I'm thinking that might be the best place for Park West HOA to keep their records, as well.
We have more in common with CCHOA, so it makes pretty good sense to me, for use to work closely with them. They have just recently gone through many of the same issues that were are now faced with, so they have recent experience that we can take advantage of.
Thanks to Dave Meril who attended the last Town Hall meeting and presented himself to two of the current CCHOA directors. I will do my best to encourage good communication between the two HOAs.
However, the lead me to look into the HOA documents of Circle C HOA, and that lead me to the Park West HOA documents.
The way it works is that Circle C Ranch is the Master Development. Park West was a sub-division that was added to the Circle C Ranch subdivision way back around 1987, as it is mentioned in the Amendments (3,4,& 5 I think) to the CCHOA declarations.
From my notes, it appears that the Park West HOA was first drafted in CCHOA Amendment 25, (July 7, 1996). The Deed Restrictions were filed on July 19th, 1996. That is where I found the Declarations.
The Park West By-Laws were filed on July 16, 1997 (a year later).
I realize,too, that the first builder for Phase I went bankrupt. Hammonds Homes (and Wilshire Homes, which I understand was spawned from Hammands Homes around 2000), bought the remaining property and continued developing it as we see it today.
Now that we all belong to two HOAs, it's clear that Park West's HOA was originally created from CCHOA. Our HOA has additional features, but the CCHOA conditions apply first.
In that light, I think that our Park West HOA should work closely with the CCHOA, and in particular, I think it would be helpful for Park West to have a representative at every CCHOA board meeting. As far as I know, were are the only additional HOA within Circle C (although I know there is one more gated community planned and it very likely will have it's own HOA).
For reference, CCHOA has the documents I refered to above, on-file for any CCHOA member to review. The CCHOA Declarations and By-Laws are quite short, but the stack of Amendments to the original Declarations is an impressive set of additional documents.
My point is, that since our Park West HOA came directly out of the CCHOA organization, it's Declarations and By-laws were drafted by the same legal team (you can even see references to their computerized documents at the bottom of many of the pages). The thinking back then was clearly favoring the Developers in everyway, so that even in Park West HOA, we have a consdierable task to clean up the language, update the addresses, and remove a lot of developer clauses that are obsolete.
Next month, we will be updating more of the CCHOA By-Laws. They will be presented on a ballot. There was little interest at the By-Laws Town Hall meeting and little direct corresponsdence about the By-Law changes. I think it will be smooth and uncontested action by the CCHOA membership and something we need to pay attention to, here in Park West.
One of the things you will notice in the Park West HOA, that I don't see in the CCHOA by-laws, is the Indeminifcation clause we have (they don't). Also, while both HOAs have considerable architectural and other authorities, there is no provision for any fines or actions, other than the right to place a lien on a property (and all Texas HOAs may very well lost that legal option, if a Bill in the current Texas Legislature makes it's way to the floor for a vote).
I'm not a lawyer and hardly any expert on legal stuff. However, the documents for Park West HOA are easy enough to find through CCHOA's records. I'm thinking that might be the best place for Park West HOA to keep their records, as well.
We have more in common with CCHOA, so it makes pretty good sense to me, for use to work closely with them. They have just recently gone through many of the same issues that were are now faced with, so they have recent experience that we can take advantage of.
Thanks to Dave Meril who attended the last Town Hall meeting and presented himself to two of the current CCHOA directors. I will do my best to encourage good communication between the two HOAs.
