STANDARD OF THE WESTSIDE AT BUTTERCUP CREEK MODIFICATION COMMITTEE

Subject: Xeriscaping Policy

Date: August 22, 2013

WHEREAS, Texas Property Code §§ 202.007(a)(4), 202.007(d)(8), and 202.007(d-1) become effective September 1, 2013, allowing owners in property owner associations the limited right to install drought-resistant landscaping or water-conserving natural turf; and

WHEREAS, the Association desires to adopt a resolution setting forth guidelines on the installation of drought-resistant landscaping or waterconserving natural turf

BE IT RESOLVED, that the Association's supplementary guidelines, effective September 1, 2013, for Owners and Members are as follows:

  • No drought-resistant landscaping or water-conserving natural turf shall be allowed on any property owned by the Association or owned in common by the members of the Association, without the express approval of the Board of Directors.
  • No drought-resistant landscaping or water-conserving natural turf shall be allowed or located in an area other than within a fenced yard or the fenced patio of the property owner, without the express approval of the Board of Directors.
  • The Association may regulate the owner's use of gravel, rocks, or cacti around the drought-resistant landscaping or water-conserving natural turf, in accordance with the New Construction or Modifications Committee's policies or other appropriate committee's guidelines or discretion.
  • The Association may regulate yard and landscape maintenance.
  • All such drought-resistant landscaping or water-conserving natural turf, and the location of its installation, must be approved by the Association either through its New Construction or Modifications Committee, if one exists, or the board of directors.
  • A property owner who is seeking approval from the Association to install drought-resistant landscaping or waterconserving natural turf must submit a detailed description or a plan for the installation, including but not limited to the name or type of drought-resistant landscaping or water-conserving natural turf to be installed, a description of its aesthetic qualities, and the planned location of the installation.

To the extent these guidelines contradict with any previous guidelines, rules, covenants, or restrictions, these guidelines shall control. These guidelines are supplementary and are in addition to any and all other covenants, conditions, restrictions, rules, and guidelines in effect for the Association.