All exterior changes in Brushy Bend Park should be reviewed by any member of the Architectural Committee to help you avoid violations of the Deed Restrictions. The Architecture Committee is made up of volunteers from among your neighbors, and, to repeat, the job of the Architecture Committee is to help homeowners understand and comply.
What lots are in Brushy Bend Park?
All lots with any frontage on any of these streets are subject to the Brushy Bend Park Deed Restrictions:
- Walsh Drive
- Mayfield Drive
- Brushy Bend Drive
- Hightower Drive
- Vivian Drive
- Knollwood Circle
- Crestridge Drive
- Stevens Trail
- the south side of Sam Bass Road going west from Walsh Drive through the lot fronting Thousand Oaks Drive*
The Stevens Trail lots are additionally subject to the Stevens Trail Deed Restrictions, but the Brushy Bend Park HOA Architecture Committee evaluates plans only with respect to the Brushy Bend Park Deed Restrictions.
Do they apply to me? They are so old!
The short answer is yes. All owners of all lots in Brushy Bend Park are were bound by the deed restrictions as recorded at the Williamson County Clerk at the time they closed on their purchase. In that way you became a party to a contract you share with all the other homeowners in Brushy Bend Park whose purpose is to maintain certain features of the neighborhood for everyone. Your title company should have informed you at that time, but not having been informed does not prevent enforcement.
Yes, they are old. The language may seem obsolete and outdated, but they remain in force. There exist legal processes to change deed restrictions, but explaining those processes is far beyond the expertise of the volunteers in the HOA. Professional legal advice is required.
Our Deed Restrictions are Simple but Important
Brushy Bend park’s deed restrictions fit on two typed pages. Compare that with more recent subdivisions. There is a lot of latitude here and restrictions are relatively simple. But they are important. For example, the very first paragraph says, “not for any business or commercial purposes.” If you prefer not having a retail business pave over a neighboring lot and putting up signs, etc., then you need to support the HOA’s efforts to enforce deed restrictions.
Deed Restriction Enforcement
The BBP Deed Restrictions are enforced by BBP lot owners. Note who is not involved! The county, state, and cities do not initiate enforcement action on deed restriction. All enforcement is up to you. The best place to start is a friendly conversation with your neighbor(s) regarding all exterior changes. The Home Owners Association elects an Architecture Committee whose job is to help resolve any question of what the words mean and how they have been interpreted in the past, and, if necessary, to recommend enforcement action to the HOA board and full HOA.
Ultimately, and this should be considered the final recourse, a law suit is possible. Any lot owner in BBP can sue for deed restriction enforcement against any other lot owner, as can the HOA itself.
Variances
The short answer is there is no such thing. If the HOA or its Architecture Committee fails to enforce, or even chooses not to enforce something, neither the HOA nor the committee is able to bind other homeowners nor even subsequent HOA meetings or committees from enforcement action at a later time.
Legal
Deed restrictions have many legal implications. Nothing on this page is legal advice. You are advised to get a licensed lawyer’s guidance. The Williamson County Clerk records plats and deed restrictions. Title companies might help you find deed restrictions.
*There is one exception: the lot running about 300 feet along the east side of Walsh Drive from its corner with Sam Bass Road was not in any of the Brushy Bend Park plats.