POA/HOA Requirements For Residential Subdivisions
In addition to all other applicable requirements set forth in the District’s Drainage Criteria Manual and Regulations, the District has certain POA/HOA requirements for residential subdivisions:
- Declaration of Covenants, Conditions, and Restrictions (“DCCR”). A draft of the DCCR must be submitted to the District for review. Upon approval by the District, the Developer must file the DCCR in the Official Public Records of Orange County, Texas, and also provide to the District a file-stamped copy of the DCCR. This filing must precede the submission to the District of the Final Plat of the residential subdivision.
- Property Owner’s Association (also referred to as “Homeowners Association” or “HOA”). The Developer must create an HOA by properly filing a Certificate of Formation with the Texas Secretary of State. The entity formed must be a corporation that will have a duly authorized Board of Directors that will directly or indirectly fulfill the obligations of the HOA. The Developer must provide a copy of the filed Certificate of Formation to the District.
- Deed from the Developer to the HOA. The Developer must provide the District with a draft warranty deed that conveys the Drainage Facility to the HOA, and upon approval by the District, file the warranty deed in the Official Public Records of Orange County, Texas. The Developer must provide to the District a file-stamped copy of the Deed.
- HOA Bylaws. The Developer must submit to the District a draft set of Bylaws for the HOA, and following approval by the District, properly execute the same. A copy of the executed Bylaws must be provided to the District.
- Final Plat. The Developer must provide a draft Final Plat to the District (as well as to all other applicable Orange County public entities). The District can provide guidance to Developers on all content that is required in the Final Plat.
Sample Documents. The District provides the following samples of DCCR and HOA Bylaws to assist developers in meeting the POA/HOA requirements for residential subdivisions in Orange County, Texas. However, please note that except for the provisions that are noted in the samples to be required, the District does not require or recommend that a residential subdivision developer use the samples as the templates for the creation of the DCCR for the subdivision, or for the HOA Bylaws, and the Developer is solely responsible for the proper and legal drafting, filing and/or enactment of the DCCR and HOA Bylaws for the subject development. For further information, consult Chapter 209 of the Texas Property Code.