What is a homeowner’s association?A homeowner’s association (HOA) is a non-profit corporation registered with the Secretary of State and managed by a duly elected Board of Directors. Its purpose is to provide a communal basis for preserving, maintaining, and enhancing the community. The HOA also provides governance as outlined in legal documents: Deed Restrictions, Bylaws, Rules & Regulations, and Board Policy & Procedures. All resident property owners financially support the association.
How do I contact the HOA?Contact the HOA via one of the following:
WEBSITE: www.nce-hoa.org (complete the 'Contact Us' form on the website)
MAIL: NCE HOA, 700 University Dr. East, Suite 108, College Station, TX 77840
This 'contact' information is also listed on our website. Additionally, the website contains many other articles of interest to all NCE residents.
Is membership voluntary?Membership is both automatic and mandatory. The Association Deed Restrictions submitted by the subdivision developer during initial planning for each phase of the subdivision outlines this requirement across all Phases (1 – 13). These legal documents are filed with the Brazos County Clerk’s Office, and available for public access. Additionally, as of May 2007, membership applies uniformly to all property within the subdivision - no exceptions.
What are the Deed Restrictions?The Association Deed Restrictions (ADR), sometimes referred to as Declarations, define the bundle of rights each owner in the community association must abide to. The ADR’s are filed at the Brazos County Clerk’s office and are included in the title to your property. The subdivision developer (North Country Estates Development, LLC) completed this legal filing for each Phase in the development before any lots were available for sale in each Phase. Failure to abide by the ADR’s may result in the Association taking corrective action, including all legal remedies to obtain resident compliance.
What does “run with the land” mean, and how does it apply to me as an NCE homeowner?“Run with the land” means a restriction upon land use that affects all current and future owners of a property. The “Restrictions” established for North Country Estates Subdivision were filed in the Brazos County Clerk’s Office, by the developer (North Country Estates Development, LLC), before any lots were placed on the market for sale. Filing such Restrictions before the sale, and the filing being duly executed in law, make the Restrictions ‘run with the land’ from the developer to all subsequent owners of the parcel. This is a Restriction placed upon the deed and is automatically extended in the conveyance of property to subsequent owners.
Your NCE property has mandatory Restrictions. To be a compliant resident you need to follow the Restrictions, including obtaining approval from the Homeowner’s Association’s before starting any project modifications to your property. In the “Declaration of Covenants, Conditions, Reservations and Restrictions” document for your parcel, it states “… (The Restrictions)…” are hereby established and adopted to apply uniformly to use, occupancy, and conveyance of all parcels in the Subdivision.”
What are the requirements of the Association’s Restrictions?It is common for associations to have established Rules & Regulations as well as Policy & Procedures that have been adopted from time-to-time by the Board of Directors to help manage the association. The Rules and Regulations generally, but not always, refer to the management of common areas owned by the association. For all practical purposes the NCE Association does not have any common property, except for entrance signs and a few other minor assets. There are currently no Rules & Regulations and the Board may or may not adopt any based upon need. Policy & Procedures (P&P), on the other hand, provide guidance regarding how the residents are to interact with the Board as they manage the day-to-day operations of the Association. P&P documents typically define how the Board plans to manage to the deed restrictions. In essence, the P&P documents give further definition to the Deed Restrictions.
The Association may also provide specific guidelines to follow in administering architectural requirements. Architectural improvements include such things as but are not limited to: patio covers, decks, storage units, landscaping, house/building additions, and exterior color changes. The Restrictions are the primary reference when developing such guidance. This guidance is set up to maintain the aesthetic value and integrity of our community and to protect the market value of your investment. Violations of this guidance may result in action by the Board of Directors, which can include legal action to gain property owner’s compliance. In addition, exterior improvements or changes that are completed without prior approval by the Board of Directors may require the property owner to remove or correct the alteration to avoid violations and be compliant.
What are the Bylaws?The Bylaws are the adopted guidelines by which the Board manages the Association affairs. The Bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, as well as other specific items that are necessary to run the association as a business. Refer to the Bylaws for additional information.
What are Rules & Regulations vs. Policy & Procedures?There are several instruments that form the governing documents of an association. They can include Articles of Incorporation, Deed Restrictions, Bylaws, Rules & Regulations, and Policy & Procedures. Since the Association does not have common areas for all practical purposes, your Association currently does not have Rules & Regulation. While not used exclusively for common areas, other uses are scarce. Policy & Procedures, on the other hand, provide guidance regarding how the residents are to interact with the Board as they manage the daily operations of the Association.
Where do I get a copy of the Association’s Covenants, Conditions & Deed Restrictions (CC&Rs), or Bylaws, or Policy & Procedures?A copy of the Deed Restrictions for your Phase as well as the North Country Estates Homeowner's Association Bylaws are provided to the new owner at settlement during the purchase of the property. These documents are also available on this website under the "HOA Documents" section, and at the Brazos County Clerk's Office at the courthouse in Bryan. All members are responsible for adherence to the Deed Restrictions and Bylaws whether or not the copies have been received and/or read.
What is the NCE Board of Directors?The Board of Directors is an all-volunteer body of five individuals that manage the day-to-day affairs of the Association on behalf of the membership. The Board implements guidance to its members through policy and procedures documents, and other forms of communications, including the Annual Membership meeting and Quarterly Board meetings. The Board of Directors Quarterly meetings are held four times a year at a time and place designated by the Board. Check the website for Upcoming Events.
How is the NCE Board of Directors elected, and for how long?The Board of Directors is elected by Association members at the Annual Membership meeting in October for a term period of two years. Any mid-year vacancies are filled in accordance the requirements outlined in the Association’s Bylaws.
What do I need to know about the Annual Membership meeting?The Association is an incorporated, not-for-profit, member-owned corporation, which requires an Annual Membership meeting to meet Secretary of State incorporation requirements. This meeting is open to all members and is held on the third Tuesday in October at a time and place selected by the Board. The primary purpose of the meeting is to elect candidates to fill any Board vacancies, present the proposed budget for the membership review and acceptance, and other management matters that may arise. Also, other agenda items may be introduced at the meeting for discussion and vote by the membership.
Are Board Meetings open to all residents? If so, where and when are they held?The Bylaws require the Board to hold quarterly meetings, and they are open to all Association members. These meetings are currently held four times a year.
Each Quarterly meeting time and location will be set to meet the schedules of the Board members. Notice of the meeting will be noted on the Association’s website (www.nce-hoa.org) as well as the two signs within the subdivision, or other means available to the Board of Directors. If you have questions about a meeting, contact the HOA via the Contact Us form listed on the website.
What do I do if I want to report a violation?Submit violations to the Architectural/Deed Compliance Committee in writing. You can submit the violation by completing a ‘Contact Us’ form on the HOA website (www.nce-hoa.org) - scroll over the ‘About Us’ tab at the top of the page, then click ‘Contact Us’ on the drop down menu to complete the form – your name will not be released. Also, violations can be submitted by mail: NCE HOA, 700 University Dr. East, Suite 108, College Station, TX 77840.
If I want to serve on a committee, how do I find out what committees are active and how I can get involved?If you would like to become more involved in your Association and want to volunteer on a committee or an individual position please enter your information and interest in the "Contact Us" email form or call the contact telephone number listed. Your participation is very welcome.
What is my assessment?Assessments are the homeowner’s financial obligation to the subdivision association. Assessments cover the operating expenses of the Association and provide for reserve funds for HOA insurance, government filings, legal advice/action, and other budget items as outlined through the budget process. Each year the dues assessment are sent to residents in early January, and are due at that time and payable within 30 days to avoid late payment fees/fines. Automatic (online) payment options are not available as the size of the Association, as well as the slow annual dues, are not of sufficient size to justify the costs of online processing. You will need to send your annual dues payment via USPS to the Association P.O. Box listed on the invoice.
How is the amount of my assessment determined?The Board of Directors sets the initial budget for each year based upon expenses that are expected to occur during the fiscal year, including reserve funds for life-cycle maintenance of entrance signs, legal contingencies, accounting services, etc. The numbers of lots in the subdivision are divided into the budget amount to arrive at the annual dues for each parcel of land. If a resident owns multiple lots there is a charge for each lot. Subsequent budgets are developed by the Board of Directors and adjusted periodically to meet anticipated expenses.
Will my assessment go up?There is no concrete answer to whether or not your assessment will go up or down in a given year. Typically the assessment thus far has averaged $50/year, with some years being more and some less than this amount – depending upon expected/required expenses forecasted. The Bylaws provide the means to adjust the annual assessment to meet the operating expenses of the Association. The proposed budget for the following year is put before the membership at each year’s Annual Membership meeting (in October) for discussion and vote. You may refer to the Bylaws for more budget planning information.
What happens if I don't pay my assessment?Your Associations is dependent upon timely receipt of assessments due from each property owner. Late payments will result in late charges and possibly interest to your account. In addition, the Association has the right to turn over delinquent accounts to the Association attorney for collection of assessments and any costs associated with collecting the debt.
Do I need approval to do exterior changes?Yes. There is specific guidance on your Association’s website. You are required to submit the Association’s Form #20 (Request to Modify Property) to the Architectural/Deed Compliance Committee (A/DCC). The website also includes a pictorial view of the approval process, guidance for completing the Form #20, and an example(s) of a previous submission. Contact the Chairperson of the A/DCC committee for further information and assistance via anyone of the “Contact Us’ methods listed on your Association’s website.
Your request is reviewed by the A/DCC, which makes recommendations to the Board of Directors (approval/disapproval/conditions). The Board reviews the recommendations and makes final decision on the request and informs the property owner. Exterior changes that are completed without prior approval by the Board of Directors may require the property owner to remove or correct the alteration to avoid other actions against the project.
Who supplies the utilities (water supply/septic service/phone/television/internet) to the Subdivision?WATER SUPPLY: Wixon Creek Special Utility District (589-3030).
SEPTIC SYSTEM: Each property is serviced by their pre-installed, on-site aerobic water plant system. This system must be maintained IAW County and State regulations, including annual service maintenance by a licensed septic provider. The NCE residents have a pre-negotiated contract with the All-American Septic Company ( 574-1220) that has reduced rates and certain free services included in the contract. The use of this contract is optional, but a contract by a licensed service provider is required for each dwelling.
PHONE: Verizon provides the subdivision with landline service. There is a wide range of wireless service providers for the development.
TELEVISION: Dish TV, Direct TV and HughesNet.