Architectural Committee

Chair:  Steven Duke

Members:

  • Steven Duke
  • Loreena Yeo
  • Deborah Kaufman
  • Rob Trovillion
  • Christy Kabanek

Architectural Change Request Form

The only fence stain/sealer approved for use in Stone Creek is Ready Seal Medium Brown.  Ready Seal Wood Stains is based in Lewisville, TX.

For more information about the architectural requirements and restrictions in Stone Creek please refer to our Declaration of Covenants, Conditions, and Restrictions.

Charter:

Section 5 of the Stone Creek Prosper HOA Bylaws:

5.01 Architectural Committee. As provided for in the Amended and Revised Declaration of Covenants, Conditions and Restrictions, the Architectural Committee, which is to consist of no less than two and no more than five Members, is authorized to review any and all aspects of construction of any type of improvement or landscaping on the Lots and may disapprove aspects thereof which may, in the opinion of the Architectural Committee, adversely affect the living enjoyment of one or more Owner(s) or general value of the Properties, provided all decisions are made in good faith and are not arbitrary and capricious.

5.02 Initial Authority. The Declarant, as the representative of the Architectural Committee, has reserved the right, and shall have the authority, to make all decisions on behalf of the Architectural Committee in its sole discretion concerning all initial construction on each of the Lots until the completed residence constructed on each particular Lot shall be sold to an individual homeowner. Initial construction shall include, but is not limited to, all aspects of the erection of any building, structure or other improvement, the implementation of any drainage system, and the formatting of any landscaping.

5.03 Subsequent Authority. Once initial construction on any particular Lot is completed to the satisfaction of the Declarant, the authority to make decisions on behalf of the Architectural Committee, for that particular Lot, shall shift to the Members of the Architectural Committee as a whole. Declarant’s right to exercise the authority specified in Section 5.02, above, shall continue until the Declarant no longer owns record title to any Lot, the Declarant, acting in its sold deaccession , or the tenth (10th) anniversary of the recording date of the Amended and Revised Declaration of Covenants, Conditions and Restrictions, whichever occurs first in time, unless Declarant surrenders its authority to make decisions at which time the authority shall transfer to the Committee.

By Section 8.27 of the Stone Creek Prosper HOA CC&Rs:

No building or other structure or other Improvement shall be erected, placed, or altered on any building plot in this subdivision until two complete sets of the building plans and specifications, and two plot plans of the location showing drainage for Lot and location of such building or other structure or other improvement shall have been delivered to the Architectural Committee, designated as hereinafter provided, and until such building plans, specifications and plot plan shall have been approved in writing by the Architectural Committee as being in conformity and harmony with the external design and location of the existing structures and improvements of the subdivision and In compliance with the restrictions herein contained. One copy of such plans, specifications and plot plan shall be retained by the Architectural Committee and the second copy shall be redelivered to the Owner of tfie Lot with the approval of the Architectural Committee, appropriately endorsed therein. In the event the Architectural Committee, or its designated representative fails to approve or disapprove any building plans, specifications and plot plans within fifteen (15) days after the same are submitted to it, and if all terms contained in these restrictions have been complied with, the Architectural Committee is authorized and empowered to consider and review any and all aspects of dwelling construction, construction of other Improvements and location, quality and quantity of landscaping on the Lots end may disapprove aspects thereof which may, in the opinion of the Architectural Committee, adversely affect the living enjoyment of one or more Owner(s) or general value of the Properties. As an example, and not by way of limitation, the Architectural Committee may Impose limits upon the location of window areas of one residential dwelling which would overlook the enclosed yard area of an adjacent residential dwelling.

Builders owning more than five (5) Lots in the subdivision may submit a master set of plans to be approved initially. Additional plans will be submitted for approval if modifications are made to the master set after the initial approval has been received.

Declarant shall have the authority to appoint the Architectural Committee, and to fill any vacancies in the Architectural Committee until at least 90% of the residential Lots within the subdivision shall have completed residences constructed thereon and shall be occupied by tha owners thereof, whereupon the owners of a majority of the Lots within the subdivision shall elect the Architectural Committee. The Architectural Committee shall consist of not less than two nor more than five members. The Architectural Committee is authorized to delegate to one or more representatives the authority to perform the duties of the Architectural Committee as set forth herein. The Architectural Committee shall in no event be liable in damages for any action or failure or refusal to act pursuant to the provisions hereof. The Architectural Committee shall receive no fees or compensation for its services.

The members of the Architectural Committee shall have no liability for decisions made by the Architectural Committee and the Architectural Comrnittee shall have no liability for its decisions so long as such decisions are made in good faith and are not arbitrary or capricious. Any errors in or omissions from the plans or the site submitted shall be the responsibility of the Owner of the Lot to which the improvements relate, and the Architectural Committee shall have no obligation to check for errors in or omissions from any such plans or to check for such plans’ compliance with the general provisions of this Declaration, City codes, state statutes or the common law, whether the same relate to lot lines, building lines, easements or any other matters.

Any notices or correspondence to an Owner of a Lot shell be addressed to the street address of the Lot. Any notice or plan submission to the Architectural Committee shall be made to the address set forth below. The Architectural Comrnittee may change its address for notice and plan submission by recording in the land records of Collin County a notice of change of address.

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