Frequently Asked Questions
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.
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
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.
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.
"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."
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.
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.
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.
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.
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.
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.
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.
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.
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) – 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 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. Your participation is very welcome.
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.
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.
There is no concrete answer to whether or not your assessment will go up or down in a given year. 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.
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.
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.
Please visit the "Community Links" page for complete details.
Contact Brazos County Road and Bridge - Link.
Visit the Brazos County online database at: www.brazoscad.org/tax_info.htm. Click on the "Property Search" tab in the top right-hand corner.
The HOA is an all-volunteer organization and does not maintain a business office. You may contact the HOA via the "Contact Us" page.
Lake Heron is a 14-acre private lake within the development owned by the properties (Phases 5A and 5B) that surround the lake. These properties have additional deed restrictions that apply to them regarding the use of the lake. There is no public access to the lake for other residents in the subdivision.
Yes. There are Deed Restrictions prohibiting the burning of household trash, and there are State restrictions on burning yard debris. Refer to the Deed Restrictions for household trash requirement, and the Texas Outdoor Burning Rule, Title 30, Texas Administrative Code, Sections 111.201-221 for on-site plant growth burning. This latter document covers all aspects of the outdoor burning rule. Make sure you are familiar with this Rule and follow the requirements outlined in this document. A condensed version of the Rule, courtesy of the Texas Commission on Environmental Quality, is posted on the North Country Estates website for your reference.
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