The Officers and Board of the Homeowners' Association get more contact complaining about code violations than they do about all other issues and subjects combined. "Keeping the Codes and Covenants" does matter to many BTW residents and property owners. Thus, if you want to have good relations with your neighbors and fellow BTW residents, it would be wise to both know about and to keep both city laws and BTW codes that govern property issues here in BTW.
The developer of BTW filed a "Declaration of Covenants, Conditions, and Restrictions" in the Collin County Deed Records for each of the 6 phases of BTW. Property within the area covered by the declarations (this means the entire BTW community) could only be "held, transferred, improved, sold, conveyed or occupied" under and legally subject to the Covenants, Conditions and Restrictions set forth.
Please realize that these Codes, Covenants and Restrictions were put into place, and remain in place for one reason. To keep our community living and aesthetic standards high, and in keeping with similar standards in neighborhoods of our type not only across the DFW Metroplex, but the country as a whole. Standards of this nature help keep our property values high and growing.
PLEASE NOTE: If you own and reside in a home in BTW, you are legally bound to abide by the BTW codes and covenants, along with City of Dallas codes, as well. If you fail to do so, according to current state law, you can be prosecuted and fined up to $200.00 per day by Collin County civil courts for each day that you fail to comply to a court order demanding that you comply with a Homeowners' Association's codes and covenants.
In the Year 2000, neighbors did take other neighbors to court over BTW code violations, and won. The entire matter cost the losing party, the code violators, a lot including the attorney's fees and court costs for the neighbor who had to file suit.
Most sections of BTW have the same codes, but there are some exceptions. Phase 6, The Estates, has mandatory membership to the Homeowners' Association.
Each homeowner should have received a copy of the recorded restrictions that apply to his/her home at the time that he/she closed on his/her house.
Reporting Code Violations
Violations of either City of Dallas or BTW Codes and Covenants should be reported to the Homeowners' Association's Architecture Control Committee (a.k.a Architecture, Codes and Covenants). This makes it is easier for them to know and work through one person. Your cooperation is greatly appreciated. The details on specific regulations vary slightly from phase to phase, so please check your closing documents for rules governing your particular phase. The most common rules are paraphrased below.
Details on Specific Regulation
- All lots shall be used for residential purposes only. There shall be no more than one detached single family residence per lot. No residence may exceed two stories in height.
- Boats, pick-up campers, travel trailers, motor homes or any other type of recreational vehicle may not be parked on the public street on which lots front, or between such lot and the front of any residence on said lot. No vehicle of this type shall, at any time, be used as a residence or office on any lot either temporarily or permanently.
- Trucks with tonnage in excess of one ton and any vehicles with painted advertisement shall not be permitted to park overnight on the streets, driveways, or otherwise within the addition at any time.
- No structure of a temporary character, such as a trailer, mobile home, tent, shack, barn, or other out-building shall be used on any lot any time as a dwelling house.
- No part of the addition shall be used as a dumping ground for rubbish. Trash, garbage, or other waste must be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such material must be kept in clean and sanitary condition.
- No air conditioning apparatus shall be installed on the ground in front of any residence on a lot. No air conditioning apparatus shall be attached to any front wall or window of such a residence. No evaporative cooler shall be installed on the front wall or window of a residence.
- No outside antennas shall be permitted in this addition without prior written permission of the board's architectural, covenants and codes committee. Any such reception antenna or dish on any residence or lot must be screened from public view from any street in the addition.
- No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
- Any garages, servant’s quarters, storage rooms, or carports erected or placed on any portion of said lot must be attached to the main structure. Garages must open to the rear of the lot unless otherwise expressly permitted by the approval of the Architectural, Codes and Covenants Committee (Not Applicable in Phase VI, Estates of BTW where there are no rear alleys). Garages shall provide a space for a minimum of two conventional automobiles. Any porte-cochere must also have approval of the committee.
- No fence or DECORATIVE wall shall be permitted to extend nearer to any street than the minimum BUILDING set back line of any dwelling or residence (EXCEPT FOR SIDE AND REAR FENCES). No fence shall exceed 8 feet in height (10' IN ESTATES OF BTW - PHASE VI). All fences shall be constructed of wood or masonry or a combination of the same. No fence may be made of chain link material.
- All easements shown on the plat are for the purpose of installation and maintenance of public utilities and all easements hereafter granted for such purposes by the Declarant shall be strictly observed and shall not be in any manner obstructed so as to hinder any such easements.
- The Architecture, Covenants and Codes Committee, herein called "the committee" shall be composed of three (3) individuals selected and appointed by the Declarant. No building, structure or improvement of any nature shall be erected, placed, or altered on any lot until the construction plans and specifications and a plot plan showing the location of such building, structure or improvement have been submitted in writing by the committee as to: (a) quality of workmanship and materials; (b) conformity and harmony of external design, color and texture, with existing structures; and (c) the other standards set forth with this instrument.
- Each owner of a lot shall maintain his lot in a neat, orderly manner, and keep same reasonably free of weeds. Each owner of a lot shall mow his lawn such that the lawn never exceeds ten inches (10") in height from the ground. Each owner shall keep the shrubbery on his lot trimmed, and keep all flowerbeds reasonably weed-free.
Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate them, or to recover damages, or to enforce any lien created by these covenants, and failure by the Declarant, the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter.
The City of Dallas, Texas, is specifically authorized to enforce these covenants and restrictions in accordance with any applicable state or local laws or ordinances, or the applicable provisions set forth within this declaration.