ACC Application and Process
for Approval of Exterior Home Improvement Projects

All Projects Subject to Advance ACC Approval

Exterior home improvement projects that involve modifications that are visible from the street or any adjoing Lot must comply with established Deed Restrictions in order to be approved by the Architectural Control Committee (ACC).

Common exterior home improvement projects requiring ACC review and approval prior to construction include, but are not limited to, the following:

• Swimming Pools

• Patio Covers

• Driveway/Sidewalk Modifications

• Solar Panels (as to position/placement)

• Any Project Involving a Concrete Truck at the Curb

Approval or denial of a home improvement project is determined by the Architetural Control Committee's review of the petitioning homowner's ACC Application. 

All exterior home improvement projects are subject to advance approval of the Architectural Committee.

PRINT CLEARLY.  If any portion of an ACC application or supporting documents is deemed to be illegible by the Architectural Control Committee, that application will be denied.

All Projects Subject to ACC Rule Compliance

Exterior home improvement projects that involve modifications that are visible from the street or any adjoing Lot are subject to Architectural Control Committee (ACC) rule compliance. When planning your project, first review the community rules:

• Community Property Standards

• Declaration of Covenants, Conditions and Restrictions

Incomplete Applications Denied

PRINT CLEARLY. ACC Applications that are illegible or submitted without the required signatures, relevant supporting documents, Lot Survey, application processing fee, construction damages deposit (if applicable) or homeowner-executed ACC CONSTRUCTION DAMAGES and RESTORATION DEPOSIT AGREEMENT will be tabled (i.e., no further action taken) for reason of being incomplete.

Tabled ACC Applications have the same status as ACC Applications that are reviewed and subsequently ruled as "Application Denied" by the Architectural Control Committee.

ACC Application Review Start Date

The ACC Application review process DOES NOT BEGIN until the ACC Committee is in receipt of ALL required ACC Application signed documents, supporting documents and fees.

Applicant Must Be Property Owner of Record

An ACC applicant must be the property owner of record as indicated in the Harris County Real Property Records.  It is the sole responsibility of the property owner of record to submit a complete application, supporting documents, Lot Survey, Construction Damages Agreement and fees.  ACC Applications and supporting documents submitted directly by contractors, subcontractors or any party other than the property owner of record WILL BE REJECTED.

The ACC Committee WILL NOT COMMUNICATE directly or indirectly with applicant's contractors.

Conditional Waivers of ACC Application, Fees and Advance ACC Committee Approval

A Conditional Waiver for Exterior Paint is granted under the following condition:

An Appication and Fee Waiver is granted automatically if the homeowner intends to paint the exterior of their home wth same-color-as-original or "very close match". In this case, the ACC Application, Fees and ACC Committee Approval are not required and the homeowner may proceed without further delay.

This Conditional Waiver DOES NOT APPLY if the homeowner desires to paint the exterior of their home with a color that is different from the original color or very close match.  If this is the case, the homeowner is required to submit the following to the ACC Committee for advance approval:

1. Completed and signed Architectural Control Committee Application

2. Color swatches

3. Signed ACC Construction Damages Agreement

4. Application Processing Fee ($25 - payable to Preferred Management Services)

Mail these required submittals in a single parcel to the address indicated in STEP 2 at the bottom of this page.

A Conditional Waiver for Roofing, Fencing, Front Doors and Garage Doors is granted under the following conditions:

ACC Applications, ACC Committee Approval and Fees are waived for repair or replacement of roofing, fencing, front doors and garage doors under the following conditions:  

•  Repair or replacement of roofing is made with same-as-original or "closest match"
•  Repair or replacement of fencing is made with same-as-original (cedar plank, 6' tall)
•  Repair or replacement of front doors is made with same-as-original or "closest match"
•  Repair or replacement of garage doors is made with same-as-original or "closest match"

Homeowners are encouraged to repair or replace roofing, fencing, front doors and garage doors with materials that are same-as-original or "closest match" and always in the design dimensions used by the homebuilder. For example, replacement fencing should not exceed the established 6-foot height and may be constructed only on the original fenceline used by the builder.

This Conditional Waiver DOES NOT APPLY if the homeowner desires repair or replacement roofing, fencing, front door or garage door with materials that differ in design or color from that which was installed originally by the builder. In this case, the homeowner must submit an ACC Application, Application Processing Fee ($25 - payable to Preferred Management Services) and receive ACC Committee approval before proceeding.

Mail these required submittals in a single parcel to the address indicated in STEP 2 at the bottom of this page.

A deviation from the conditional waiver described above will result in a deed restriction violation. The cost and effort to correct the violation will be borne solely by the homeowner upon demand by the Architectural Control Committee. For example, replacement of your asphalt shingle roof with clay tile, or changing the height or materials of the fence above the maximum permitted height will result in a violation of deed restrictions.

ACC Waivers DO NOT APPLY to construction projects for Patio Covers and Decks, Swimming Pools, Driveway/Sidewalk Modifications and/or other projects requiring cement trucks or heavy equipment. For those types of projects, the homeowner must submit a complete application as described in the 2-Step ACC Application Process below.

Conditions of Refund: $1,000 Construction Damages Deposit

The construction damages deposit is fully refundable in all circumstances where the homeowner complies fully with the terms of the Construction Damages Agreement.  

BE AWARE that violations of the terms of the Construction Damages Agreement may result in the board using some or all of a deposit to restore damages or defects resulting from action caused by a homeowner or homeowner's contractor or subcontractors, and further may pursue a defaulting homeowner for additional funds, if needed, to fully retore or repair property features including but not limited to fencing, landscaping, turf, water pipes and valve assemblies, irrigation system components including sprinkler heads, piping and electrical components, damaged street curbing, damaged or stained road bed, and public utility pipes, lines and equipment on the petitioning homeowner's property or on adjoining private property or community property.

Applicant-Homeowner Solely Responsibile for Requesting Refund: Following board approval and subsequent completion of a home improvement construction project, it is the sole responsibility of the petitioning homeowner to advise the HOA Managing Agent in writing to formally announce completion of an approved home improvement construction project and to request a refund of the construction damages deposit.

Refund Subject to Site Inspection Prior to Disbursement: Refund requests will not be honored if made by contractors or any party other than the petitioning property owner of record. Prior to refunding any deposit, the Architectural Committee will conduct an onsite inspection to determine whether the homeowner is compliant with all requirements contained in the Construction Damages Agreement. Refunds are made only when the Architectural Control Committee arrives at a "no-fault" determination following its inspection.

READ THIS CAREFULLY: The most-frequently occurring reasons for forfeiture of part or all of an applicant's $1,000 Construction Damages Deposit are 1) construction materials and debris left in public view, and 2) MOTOR OIL, WASTE CONCRETE and HYDRAULIC FLUID STAINS in the streets and gutters.

Make sure that your concrete conractor understands that it is a violation of Harris County Code to wash concrete into the storm drains of the community. If this occurs, the applicant homeowner will be solely responsible for the cost of removal from the storm drain.

If your contractor's work trucks and gas-engine equipment leave waste concrete and/or stains in the streets, the applicant homeowner will be responsible for the cost of remediation and clean-up. A final inspection by the Architectural Control Committee prior to disbursement of a Construction Damages Deposit will determine if an applicant homeowner receives a full refund, or not.

Before construction begins, be sure to have a sober discussion with your contractor(s) about the cost to you for leaving motor oil, hydraulic fluid stains (from trucks and equipment), concrete, sand, gravel, soil and construction materials in the streets or in public view.

Impress upon your contractor(s) that you expect a complete job clean-up subject to your inspection (including the streets!) before final payment is made.

Any contractor caught sweeping or washing materials and debris into the storm drains will result in an automatic forfeirure of the applicant's $1,000 Construction Damages Deposit which the appicant homeowner agrees to by act of submitting an ACC Home Improvement Application.

Construction Permitting

The Spring Creek Court Homeowners Association, Inc., its elected Board of Directors and its Architectrural Control Committee (ACC) are NOT construction permitting authorities and, therefore, do not advise, counsel, represent, investigate, control or involve itself in any aspect of permit application petitions or filings on behalf of homeowners.

Homeowners are individually responsible for all aspects of compliance with Harris County residential construction permitting authorities including permit filing costs and any and all penalties assessed by permitting authorities for not filing where required.

To determine if a permit is required for a planned project, homeowners should contact the Harris County Department of Engineering - Office of Residential Permitting at:

Harris County Department of Engineering
Residential Development Permitting
10555 Northwest Freeway, Suite 120
Houston, Texas 77092

Phone: 713-274-3920
eMail: residential@hcpid.org

http://www.eng.hctx.net/permits/Residential

Disclaimer of Liability

The Spring Creek Court Homeowners Association, Inc., its elected Board of Directors and its appointed Architectural Control Committee shall not be held liable for any damages whatsoever arising from or which are claimed to have arisen from the Architectural Control Committee's good faith effort to approve or deny a petitioning homeowner's ACC application including, without limit, special, indirect, incidental or consequential damages arising from or which are claimed to have arisen from any conduct or any actions taken by the Architectural Control Committee, the petitioning homeowner, the petitioning homeowner's contractor(s) and inspector(s), Harris County inspector(s), other homeowners, permitting authorities, and/or other civil or government entities.

ACC Application Process

for Exterior Home Improvement Projects

(Application, Submittal Documents, Fee, Deposit and Conditions of Refund)

For applications petitioning the Association's Architectural Control Committee for approval to proceed with exterior architechtural "home improvements" or modifications to your house or surrounding property or to build a swimming pool or rear patio structure, complete and assemble ALL OF THE FOLLOWING SIX (6) ITEMS:

1.  ACC Application (download, print, complete and sign)

     Note: If any portion of an ACC application or supporting documents is deemed to be illegible
     by the Architectural Control Committee, that application will be denied.

2.  Supporting Drawings and Documents 

     These would include:

     1) a scale diagram of the planned modification, and

     2) a schedule of materials for the project.

     These supporting documents should be provided to you by your contractor(s) upon request.

     DO NOT instruct or allow your contractor(s) to submit documents directly to the
     Architectural Control Committee on your behalf.

     All required application documents must be submitted for review
     directly by the homeowner of record.

     Documents received directly from a homeowner's contractor(s),
     agent, representative, tenant or other third parties will not
     be recognized or considererd by the ACC Review Committee - no exceptions.

      In this event, the ACC application will have a review status of "incomplete".

     Incomplete applications are denied automatically.

3. Lot Survey

    Your Lot Survey is required by the Architectural Control Committee to determine if any
    aspect of your planned project encroaches upon an established utility right-of-way. If
    your project document submittals indicate a right-of-way conflict, your project plan
    must be revised to eliminate that conflict in order to receive approval-to-proceed from
    the Architectural Control Committee. Application submittals indicating utility right-of-way
    conflicts will NOT be approved by the Architectural Control Committee - no exceptions.

    A Lot Survey was included in the documents you received from the title company when
    you closed on the purchase of your home in Spring Creek Court.

    Note: Home improvement applications received without a valid Lot Survey shall be
    deemed incomplete and will not be reviewed or approved. A valid Survey will display
    the State of Texas seal of the land surveyor that performed the survey.

    If a petitioning homeowner cannot produce the Lot Survey for their property, the
    homeowner must engage the services of a land surveyor licensed by the State of Texas
    in order to obtain one. The petitioning homeowner is solely responsible for any and all
    costs relating to the production of a valid Lot Survey for their property.

4.  ACC Construction Damages Agreement (download, print and sign)

5.  Non-Refundable Application Processing Fee: $25

     Make this check payable to: Preferred Management Services

6.  ACC Construction Damages/Restoration Deposit: $1,000

     Make this check payable to: Spring Creek Court Homeowners Association, Inc.

    NOTE: THE APPLICATION REVIEW AND APPROVAL PROCESS WILL NOT PROCEED IF
    YOUR APPLICATION PACKET IS INCOMPLETE. HOMEOWNER SIGNATURES ARE
    REQUIRED WHERE INDICATED.

    NOTE: It is the responsibility of the homeowner to contact the HOA Managing Agent to
    formally announce completion of the approved home improvement construction
    project and to request refund of the $1,000 Construction Damages/ Restoration
    Deposit. This can be done by sending your completion announcement and refund request
    in an eMail message to the Managing Agent. Be sure to include your property address
    in your message.

    Once the Managiing Agent has received your announcement of completion and
    request for refund, the Architectural Control Committee will conduct a visual inspection
    from public view (the street) to ensure there are no outstanding clean-up issues. No
    refund will be made if there are clean-up or damage restoration issues. The Committee
    will promptly notify the Managing Agent to proceed with refund if there are no
    outstanding clean-up or damage restoration issues.

Mail all six (6) of the above Application submittals together in a single parcel to:

ACC Review Department
Preferred Management Services
P.O. Box 690269
Houston, TX 77269

281.897.8808

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