Updated 3/3/2022

1 - Why do we even need protective covenants? I like things the way they are.

Answer – Cross Timber Hills is a beautiful, scenic neighborhood with an open, natural feel to it because of the covenants that were put in place in 1982.  These restrictions ensured the homes would be built of high-quality materials with provisions, for example, that included no forward-facing garages, generous setback requirements, no fences beyond the front façade of the house, etc.  Our covenants are some of the least restrictive in Southlake and in many metropolitan areas, but they help maintain the look and feel of our neighborhood.

2 – The current covenants have some obsolete provisions.  Why didn’t we update the protective covenants before a vote?

Answer -- The attorney that assisted the landowners in prepping the vote advised that we should renew the original covenants first, thereby keeping protections in place while we proceed to the next step, which is updating the covenants to current standards.  Most importantly, affirming the existing covenants would preserve the 51% approval needed for revisions.  

3 – The Covenants prohibit running a business out of your home. I work from home. Does this make working from home illegal? 

Answer - Working from home is not the same as running a business from home. The provision prohibiting operating a business out of one’s home is common in many restrictive covenants and the intent is to prevent traffic, safety, noise, and parking issues in the neighborhood.  While the original intent of the covenants was to ban industrial businesses from the neighborhood, times have changed, and this restriction will most likely be updated to reflect Southlake’s Code. (See City of Southlake Zoning Ordinance No. 480)

4 – Can the Cross Timber Hills Association put a lien on my home for non-compliance? 

Answer - No, the Cross Timber Hills HOA is allowed to run the Architectural Control Committee but because of its voluntary nature, it cannot place liens on homes.

5 – If the covenants pass does this prevent a buyer from tearing down a home and building a different one? 

Answer - No. It does, however, allow for reviewing certain aspects of a home’s appearance such as front-facing garages, setbacks, roof pitches and exterior materials, although state laws now prevent protective covenants from restricting some advanced materials.

6 – As is, the covenants don’t allow metal roofs, and other material. What does this mean if I’ve already built? 

Answer -- The protective covenants will only apply to changes made after the meeting date of landowner meeting. 

7 – Doesn’t the city have better restriction than our covenants? Why not rely on the city?

Answer – Our State Legislature, via House Bill 2439, has prevented cities and towns from regulating external building materials. In the Woodlands (Houston area) a case determined that the State Legislature’s rulings only applied to governments but that protective covenants could still control material choices. The State Legislature, while allowing protective covenants to control certain things, has passed rules that allow modernization of materials such as roofs, and solar panels.

8 – If passed, won’t these covenants pit neighbor against neighbor and create ill will and litigation? I don’t want that!

Answer – According to those that ran our historical Architectural Control Committee, most landowners comply with recommendations and exception granted by the ACC. There is no history of lawsuits related to the covenants as landowners and the Architectural Control Committee showed willingness to work together to reach an agreeable compromise.

9 – I’ve lost my voting document. How do I get a replacement?

Answer - Contact Fran Halbouty (817-301-6003) for a replacement and notarizing assistance. 

10 – What is the plan for modernizing the protective covenants? 

Answer - A revision could take a considerable time to reach a consensus. The plan is to start the process soon after passage. All landowners can participate.

11 – When is the voting deadline? 

Answer - There is no hard deadline on the conclusion of voting.