What the $49 covenant read looks like

SAMPLE

Hi,

Here's what the recorded documents say about your fence question. We read the county's own copies and contacted no one. Short answers first, then the details with page references so you can check any line.

THE SHORT VERSION

• Any new, replaced or repaired fence needs the Architectural Control Committee's written approval before work starts. The declaration names fences, and it names repairs.
• Height is where an 8-foot fence runs into trouble. The declaration sends fences over six feet to the Declarant for approval, and the committee's recorded manual says side fences "can not exceed 6 feet in height."
• On material, the documents name cedar: side fences, where built, must be masonry or cedar privacy fencing, solid in appearance, in vertical boards or basket weave. The stain color needs the committee's approval.
• The committee has 30 days to answer. If it doesn't, the plans count as not approved: silence here is a no, not a yes.
• The manual says a denied project that gets built goes to the association's attorney for a notice of non-compliance, filed so it shows on any title search.

YOUR LOT, FROM THE PLAT

In your briefing, this section reads your lot on the recorded plat: its dimensions, which unit of the subdivision it's in, the building setback line, and where the utility and drainage easements run along the lines you'd fence.

YOUR QUESTION: AN 8-FOOT CEDAR PRIVACY FENCE

1. Approval comes first. “No building, fence, wall, outbuilding or other structure or improvement of any type whatsoever, permanent or temporary, shall be erected, altered, added onto, placed or repaired on any lot in the subdivision until the complete plans … are submitted and approved in writing by the Architectural Control Committee.” (Declaration, Article VII, Section 2, pages 11 and 12.) The owner also submits “the identity of the individual or company intended to perform the work and projected commencement and completion dates.” (Same section, page 12.) The manual adds: “Placement of fence must be shown on a copy of official plat (survey) of your property.” (Architectural Control Manual, “Fence,” item 1, page 19.)
2. Height: two documents, one limit. The declaration: “Any fences over six feet (6') in height must be approved by the Declarant.” (Article IX, Section 4, page 20.) The committee's manual: “Fences facing streets must be 6 feet in height above ground level. Side fences can not exceed 6 feet in height, and may be shorter if approved by the ACC but must be at least 4 feet (city ordinance).” (Manual, “Fence,” item 4, page 19.) The declaration also lets the committee set “limitation on heights of certain wall or fences.” (Article VII, Section 5, page 12.)
3. Material and style. Side-yard fences “shall not be required, but if built shall be masonry or cedar privacy fencing.” (Declaration, Article IX, Section 4, page 20.) The manual: “Fences must be faced with wood, brick or stone,” “Fence posts must be cemented in the ground,” “Side fences will use either vertical boards or basket weave,” and wood fences “must be solid in appearance and shall not be “open” picket or “rail” design.” Wood fences and gates “may be covered with a stain that is in “harmony” with the neighborhood,” and the “Color of stain must be approved by the committee.” (Manual, “Fence,” items 2, 3 and 5 through 7, page 19.)
4. Where it can go. “No fence, wall, or hedge shall be built or maintained forward of the front wall line of the main structure.” (Declaration, Article IX, Section 4, page 20.) “No fence shall be placed between the building set back and street as shown on the plat of the lots.” (Manual, “Fence,” item 9, page 19.) “In no event may any structure be constructed or maintained upon any utility or other easement.” (Declaration, Article IX, Section 3, page 20.) The manual puts that check on the owner: making sure a structure is “not in easements” is “the homeowners responsibility regardless of ACC approval.” (Manual, “Common Questions,” page 28.)
5. The clock. Within 30 days of a complete submission, the committee “shall notify Owner in writing whether the Required Plans are approved or disapproved,” and plans not decided in that time “will be deemed to have been not approved.” An approval does not extend “to any deviation from or alteration to the plans actually submitted.” (Declaration, Article VII, Section 3, page 12.) The fee the declaration set in 2003 was “$50.00 for other applications.” (Section 4, page 12.)
6. Asking for an exception. Variance requests “shall be in writing, shall be specifically indicated to be a request for variance,” and are “deemed to be disapproved if the Committee has not expressly and in writing approved such request within thirty (30) days of the submission of such request.” (Article VII, Section 6, page 13.) Committee decisions are “final and binding.” (Section 7, page 13.) The manual also offers an “informal hearing in front of the Board & ACC at the next scheduled meeting, for further clarification.” (Manual, cover page, page 10.)
7. If it's built anyway. “Denied packages that are built will immediately be sent to our attorney for a notice of non-compliance to be drafted and filed, so as to appear on any title search.” (Manual, cover page, page 10.) The declaration requires that an owner “shall first be given written notice of the perceived violation and the opportunity to remedy the violation prior to the filing of suit.” (Article VII, Section 7, page 13.) The manual also calls for a city permit: “Building permit must be obtained prior to the commencement of any work.” (Manual, “Fence,” item 11, page 19.)

WHAT TO ASK THE MANAGER FOR, ONCE

• The current architectural application form and fee. The declaration set $50 in 2003, and the committee sets fees (Article VII, Section 4).
• Which declaration the committee applies to your lot. The manual's fence page cites "Article 13. Fences, Walls, and Hedges," which isn't how the Unit 1 declaration is numbered (its fence rule is Article IX, Section 4), so a lot in a later unit may be governed by a different declaration.
• Who acts as the Declarant today. The declaration lets the developer name a successor in writing, and fencing the developer installed as a common facility can't be changed without the Declarant's written consent.
• The approved stain colors, since the manual requires the committee to approve the stain.

ONE MORE THING

The declaration cites the Unit 1 plat at Volume 9555, Page 18, while the association's 2021 management certificate lists Volume 9557, Page 151. A briefing checks which plat your lot is actually on before reading its setback line and easements.

THE PAPER TRAIL (Bexar County Clerk, document numbers)

• Declaration of Covenants, Conditions and Restrictions, Monte Viejo Subdivision, Unit 1, Doc. 20030040449 (Vol. 9845, Page 1208), recorded February 21, 2003, 31 pages.
• Second Amendment to the Management Certificate with the attached Architectural Control Manual, Doc. 20110223459 (Vol. 15269, Page 1917), recorded December 16, 2011, 46 pages.
• Management certificate (eighth amended), Doc. 20210308512, recorded November 3, 2021. Texas Property Code §209.004 requires it to list the declaration and its amendments.
• Subdivision plat, Unit 1, Vol. 9555, Page 18, Deed and Plat Records, as cited in the declaration.

In a real briefing, the county's own copies of these documents are attached where the county provides them, so every page reference can be checked.

This briefing reports what the public record says, with citations. It is not legal advice, not HOA approval, not a resale certificate, and not a title commitment. For what it means for your situation, ask a Texas real estate attorney.

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