Property owners’ associations have certain documents that are essential to their operation. They define the governing rules and restrictions for the association and the homeowners. Collectively, these documents are called “dedicatory instruments” or “governing documents.” The titles may differ, but most associations will have some documents that serve these important functions.
*Asterisk indicates definitions from Property Owners’ Associations website of Texas State Law Library.
Westwood Village Townhomes Maintenance Association, Inc.
Downloads are from Harris County Clerk’s Real Property website (02/28/2025 or later).
Caveat: Documents linked to here might not represent a complete list of those on file with the county. For accuracy, always refer to original documents on file rather than summaries written on this webpage. Math calculations are mine; they are not quoted from the documents on file.
1970s = Development Period
Protective Covenants (06/25/1974)
Building and community restrictions during construction. Expired 12/31/2014, unless written declaration was made.
Articles of Incorporation (11/06/1974)
If the association is incorporated, this document establishes its status as a legal entity. The articles state the basic identifying information about the association and are filed with the Secretary of State. They may include information about the initial Board of Directors and some basic rules. This document is sometimes called “Certificate of Formation.”*
Amendment to Protective Covenants (03/06/1975)
Article I (Uses Permitted) was rewritten.
Declaration of Covenants, Conditions and Restrictions (03/26/1975)
original || unofficial (retyped for readability)
This is the main document that defines the rights and responsibilities of the homeowners. Declaration will have the rules related to property use, upkeep and appearance, rule violations, fines and fees, and judicial enforcement. This document is also known as “Restrictions,” “Restrictive Covenants,” or “CC&Rs.”*
By-laws (07/31/1975)
original || unofficial (retyped for readability)
Bylaws define how the association is run and managed. They often contain the rules that govern meetings, voting, elections, Board of Directors, various committees, and keeping of records. Bylaws may also say how the bylaws can be amended.*
Resolution Imposition of Late Charges for Late Payment of Assessments (12/12/1995)
Assigns the right of the Board of Directors to collect interest, late charges, and returned check charges from homeowners on late payments of regular or special assessments, according to Texas Property Code Section 204.010.
Resolution: Collection Policy (10/01/1996)
Payments received will be applied to balance due in the following order: late fees, violation fines, attorney fees, damages/repair costs and/or any other costs, with the exception of maintenance fees, that may be due on an account at the time payment is received. The remaining balance of funds will then be applied to any maintenance assessment that is currently due on an account.
Resolution: Imposing Fines for Violations of Deed Restrictions (11/27/1996)
AMENDED by Resolution dated 01/11/2001. Note: The Westwood Village Townhomes’ “Deed Restrictions” are formally named “Declaration of Covenants, Conditions and Restrictions.” See above.
Resolution: Cable Termination (02/28/1998)
Authorizes the Board of Directors to terminate the free cable television (TV) service to a home for non-payment of monthly assessment: $15 fee for late assessment payment; $40 cable disconnect fee.
Not applicable anymore because, in the early 2000s, the Board terminated all free cable TV service; currently (2025), homeowners who want cable or satellite TV service must subscribe and pay for it individually.
Resolution: Insufficient Funds Checks (03/30/1998)
Authorizes the Board of Directors (1) to charge homeowners a fee for a personal check that is returned, unpaid, because of insufficient funds and (2) after two instances within six months, to require future payments by certified check.
Amendment to the Articles of Incorporation (11/03/1999)
Amends Article V of Articles of Incorporation to provide that after the initial Board of the corporation, all Directors must be Members of the corporation [Homeowners].
This action required a minimum two-thirds (2/3) vote of Members (homeowners) according to Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon’s Texas Civil Statutes – specifically Article 1396-4.03) – currently (2025) Texas Business Organizations Code, Section 22.105. Procedures to adopt Amendment to Certificate of Formation by Members Having Voting Rights and Section 22.164. Vote Required to Approve Fundamental Action.
Amendment to the Bylaws: Directors Must be Members (11/24/1999)
Amends Bylaws, Article VI, Section 1 Article V provides that after the initial Board of the corporation, all Directors must be Members of the corporation [Homeowners].
NOTE: This action required “the requisite percentage of owners/members as required by the Bylaws of Westwood Village Townhomes Maintenance Association, Inc.” [Article XI] See Bylaws, above.
Rules & Regulations (03/01/2000)
Amended and replaced by the version effective 05/13/2002
Notice of Dedicatory Instruments for WWV Townhomes Maintenance Association, Inc. (09/07/2000)
Notice required to be filed when a new property management company is hired. The notice identifies the name and address of the HOA’s Agent of Record (property management company), the HOA’s Address of Record (usually the same as the Agent of Record’s address), and provides copies of all dedicatory documents.
This action was required by Texas Property Code Section 202.006. Public Records.
Texas Property Code Section 209.004. Management Certificates lists information required with a certificate and, when there is a change, the time in which to file an amended certificate (no later than 30 days after required information changes).
Resolution Regarding Cable Termination (10/23/2000)
Resolution authorizes the Board of Directors to terminate the free cable television (TV) service to a home for non-payment of monthly assessment: $15 fee for late assessment payment; $40 $50 cable disconnect fee.
Not applicable anymore because, in the early 2000s, the Board terminated all free cable TV service; currently (2025), homeowners who want cable or satellite TV service must subscribe and pay for it individually.
Resolution: Violation Assessment for Deed Restrictions Violations (01/01/2001)
Resolution explains the terms and conditions for five notices of a single violation and, if not resolved after five notices, the Association will follow through with any remedy available, including hiring an attorney and filing a lawsuit. Note: The WWV Townhomes’ “Deed Restrictions” are formally named “Declaration of Covenants, Conditions and Restrictions.”* See above.
Resolution: Satellite Dishes and Antennas (05/16/2001)
Guidelines for installation, maintenance, safety, camouflaging, removing, locating, notifications for satellite dishes and antennas, and the enforcement and severability of the Guidelines.
Rules & Regulations (05/13/2002) AMENDED AND REPLACED by the version effective 11/14/2003.
If other governing documents allow, the Board of Directors can sometimes enact additional regulations to help implement the provisions in the Declaration. These rules are often known as “Association Rules,” “Rules,” or “Policies.”*
Rules & Regulations (11/14/2003)
This version amends and restates, in its entirety, the Rules & Regulations adopted 05/13/2002.
The WWV Rules & Regulations include General Rules (littering, noise, damage [intentional or from negligence], etc.); Green Belt Areas; Swimming Pool Rules; Roadways; Pets; Garbage [Collections and Containers]; Prohibited Activities; Parking.
Amendment to the Bylaws: Alternate Election Procedure (10/16/2019)
REVOKED 07/21/2025 by Third Amendment to Bylaws
At Members’ Annual Meetings and Elections of Board of Directors, in order to certify the vote, the Bylaws required a quorum of “a majority” [greater than fifty percent (50%)] of the Members – for WWV that is 153 Homeowners (305 homes divided by 50% = 152.5; round up to 153). Recognizing that HOAs have difficulty making quorums and the resulting inability to conduct business, Texas legislators passed a law allowing HOAs to lower quorum requirements. If WWV did not have the 50% quorum (present or by proxy), then this Amendment allowed the meeting to be adjourned and immediately reconvened and a quorum declared by everyone present in person or by proxy, absentee ballot, electronic ballot, or any other method of representative or delegated voting authorized by dedicatory documents.
NOTE: This Amendment to Bylaws was made by vote of Board of Directors in a closed meeting and without authorization of Members (see the 1999 amendment to Bylaws). Although some individuals have told me that a Texas law supports the Board deciding to amend the Bylaws without input from Members, they have not provided the name or number of that law to me. I maintain that the WWV Bylaws (Article XI) declare that amending the Bylaws requires a two-thirds (2/3) vote of the Members or “[p]rovided and on condition that the power to amend the By-Laws shall have been delegated to the Board of Directors of the Corporation by the members of the Corporation, then these By-Laws may also be amended by the Board of Directors of the Corporation. . . . “
Supplemental Notice of Dedicatory Instruments: Third Amendment to Bylaws (07/21/2025)
Amendment to Bylaws, Article V, Section 5
Summary of quorum requirements
Note: The following is my understanding of the amendment’s legal language, which may be interpreted differently in a court of law. Always refer to the original document for its precise and complete wording.
- The original quorum requirement remains [“majority,” greater than 50%; 153] but if quorum is not met, then
- Board or majority of Members present (in person or by proxy) may adjourn the meeting to reconvene in no less than 5 days’ and no more than 30 days’ time. A quorum of one-half the original quorum (greater than 25%) will be required: 305 homes divided by 25% = 76.25; round up to 77.
If a meeting of Members is called to elect one (1) or more Directors and a [majority] quorum is not present, then the Board or a majority of Members who are present may adjourn the meeting and reconvene 5 minutes later with a required quorum of one-half the quorum requirement for the first meeting. [I take this to mean 25%]. If a quorum still is not present, then they may repeat – adjourn, reconvene 5 minutes later with quorum requirement of one-half the previously reconvened meeting [12.5% = 38.124; round up to 39]. Repeat as needed to reach a quorum.
Notes:
1. As with the 2019 amendment that this 2025 amendment replaces, I maintain that the WWV Bylaws (Article XI) declare that amending the Bylaws requires either a two-thirds (2/3) vote of the Members or IF the Members delegate the power of amendment to the Board, then by action of the Board.
2. I don’t know what distinguishes the first adjournment and reconvention (5 to 30 days later) from the second one (adjournment and reconvention 5 minutes later, and repeating as necessary). According to the Bylaws, Members have an annual meeting at which is an election of Board of Directors members whose terms have expired, which may be “one (1) or more Directors.”
mywwv.info 