Thistle Creek Homeowner's Association

About our association

Enrichments, Rights and Responsibilities of Membership

THE DEVELOPMENT PLAN

The THISTLE CREEK SUBDIVISION, includes 160 lots. The original developer of Thistle Creek did not establish a homeowners association in Unit 1, therefore, only homes in Unit 2, 3, 4 are members of the Thistle Creek Homeowners Association.

ASSOCIATION MEMBERSHIP
All homeowners are automatic members of the THISTLE CREEK HOA based on the ownership of Lots in Unit 2,3 & 4.

IMPORTANCE OF READING AND UNDERSTANDING THE PROJECT DOCUMENTS

The Declaration of Covenants, Conditions and Restrictions (DCC&R) of the THISTLE CREEK UNIT 2 subdivision and the Declaration of Covenants, Conditions and Restrictions of Unit 3/4 establish the rights and responsibilities of all Lot Owners. Basically, the DCC&Rs state that all Lot Owners automatically become members of the Thistle Creek Homeowners Association upon receipt of a deed to a lot in the subdivision. The THISTLE CREEK HOA is a non-profit Texas Corporation and, along with the Declaration, the Bylaws of the corporation explain the rights and responsibilities of the members of the Association. As a home owner and member, you will be required to contribute to the common expenses through annual assessments, obey the rules and abide by the restrictions designed to maintain THISTLE CREEK Subdivision as a first-rate community. In return, you will have the opportunity to become involved in the operation of your association by voting annually, serving on committees and the Board of Directors, and by participating in community functions of your choice.


IMPORTANT ARCHITECTURAL CONTROL ISSUES

THISTLE CREEK is a Deed Restricted Community. Unit 1 has deed restrictions but they are not enforced by the Thistle Creek Homeowners Association.
To ensure uniformity of architecture and harmony of external design throughout the Unit 2 and the remaining subdivision Units, the Thistle Creek Declarations establish the Architectural Control Committee (ACC) to oversee all construction on the individual lots and in the common areas. For everyone's protection, no building, fence, wall or other structure may be started until the plans and specifications have been submitted to, and approved by the Architectural Control Committee. Any plans for modification of, or addition to, existing structures or certain landscaping must also be reviewed and approved before work begins.

There are also Use Restrictions and Exterior Maintenance requirements which were established to protect and enhance the value, desirability and attractiveness of the property within the subdivision. Potential owners should have reviewed these restrictions prior to closing. By accepting a deed to a lot in the THISTLE CREEK Subdivision, you, your family, tenants or invited guests agree and promise to abide by these restrictions.

ASSESSMENTS TO PAY COMMON EXPENSES

To ensure that the common property is adequately insured and maintained, all owners (including the Developer and Builder) are required to contribute to the expense of upkeep, administration, taxes and insurance. The annual assessment rate set for the 2002 Fiscal Year for these services was established at $60. Assessment rates are established based on the ownership of a lot. Examples of Common Expenses are as follows:

Upkeep, maintenance and repair of the landscaped entry at Spice Oak Lane.
Payment of common area utilities
General hazards and liability insurance for the Association and Directors and Officers insurance covering the Board, Officers, Committee members and volunteers based on their service to the Association

Costs of administrative management as well as materials used in the corporate, financial, and administrative affairs of the Association such as postage, printing, checks, files, other office supplies and corporate fees and taxes.

VOTING RIGHTS

The Association has two classes of voting members, Class A and Class B. All owners other than the Declarant, are considered Class A Members and have one (1) vote on each matter coming before the members at any meeting (unless their voting rights have been suspended by the Board of Directors). The Declarant is considered a Class B voting member and is entitled to three (3) votes on each matter until the Class B membership is converted to Class A membership. (Details are found in the Declaration.) This allows the Declarant to supervise the Association until such time as there are a sufficient number of individual owners who are experienced enough to successfully govern themselves. The Board of Directors will be elected by the Membership for three (3) year terms.

POWERS OF THE ASSOCIATION

The Association, through its Board of Directors, may bring an action at law against any owner for failure to abide by the covenants, conditions and restrictions established in the Declaration, the Bylaws and/or any corporate resolutions adopted by the Board of Directors.

Legal action can also be taken against any owners for failure to pay assessments for which they are personally obligated, and the Association may foreclose the lien against a lot (even a homestead property) for non-payment of assessments, fees and costs. Interest will be charged on delinquent assessments, and legal fees, court costs and other costs of collection may be added to the amount of the assessment. No owner may waive or otherwise escape liability for the assessments by not using the common area or by abandoning the property. This ability to enforce the collection of assessments assures that all owners will share equally in the expenses of their Association.

SOCIAL OPPORTUNITIES
Although the Association is primarily responsible for maintenance and upkeep of areas which benefit owners and residents, it also provides the organization to support the social needs of the residents of the THISTLE CREEK Subdivision. Your Association can also become your point of contact with the City of Cibolo which provides various city services to the subdivision.

ASSOCIATION OPERATION

Copies of the Declaration, the Bylaws, other documents are available for your review. If you have any questions regarding these documents, please contact PROCOMM, Ms Gerry Yost at 210-545-1888 or e-mail at gyost@procomm-pmg.com for additional information. PROCOMM is a professional management company contracted to handle the administrative details of the Association's day-to-day operation for the Board of Directors.

Email us
dstanley@procomm-pmg.com

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