Restrictions


The Lookout at Brushy Creek has various restrictions on how the property can be used.  These are spelled out in detail in the Declaration of Covenants, Conditions, and Restrictions that should have been provided to you when you purchased your property.  This page is designed to help you navigate through those rules with the Architectural Control Committee (ACC).
 
ACC Rules
ACC Frequently Asked Questions
ACC Improvement Request Form
How to Calculate Masonry Percentage
ACC Checklist
Declaration of Covenants, Conditions, and Restrictions
    First amendment
    Second amendment
Rules and Regulations
Lookout Park Rules
Lookout Guidelines and Definitions



Architectural Control Committee Rules


The Architectural Committee is a volunteer committee, made up of Lookout at Brushy Creek homeowners.  Its mission:
Carrying out a uniformed, objective plan for reviewing homeowner improvements and development within Lookout at Brushy Creek while working with homeowners, insuring compliance with CC&R requirements and preserving and enhancing the values and amenities of the neighborhood.
As defined in Article 4 of the Covenants, Conditions and Restrictions, the Architectural Committee has been created to review and approve plans for construction of improvements to property.

With this said, the Architectural Committee has created the following rules (guidelines) to support homeowners interested in making improvements to their individual property.

1. Mail or fax a completed request form, including a description and drawing of the improvement.  Information should include construction dimensions, materials, colors, etc., as well as a drawing of your lot with setback (easements) lines and the intended placement of the improvement on your property.  Submit the improvement request to:
Lookout at Brushy Creek POA
c/o RealManage
P.O. Box 803555
Dallas, TX  75380
Phone:  1-866-4RealSevice (1-866-473-2573)
Fax:  1-866-919-5696
2. The Architectural Committee will have 30 days, from the date of management company receipt, to review and respond to a request.  Every effort will be made to respond as soon as possible.

3. The Architectural Committee may request additional information, should the original submission need clarification.

4. Alliance Association Management will communicate the decision of the Architectural Committee in writing.  Should a homeowner wish to appeal a decision of the ACC it must be in writing and presented to the Board of Directors.

5. Approval of the Architectural Committee means the proposed improvement meets the standards of the Lookout at Brushy Creek.  This approval does not exempt any homeowner from obtaining the appropriate approvals and permits from the City.

It is the intent of the Architectural Committee to review requests and support the individual creativity of each resident of our neighborhood.  Ultimately, we are working to maintain and develop a neighborhood in which the value and desirability or our community, as a whole, grows.

Thank you for your partnership in making Lookout at Brushy Creek a great place to live!



Architectural Control Committee Frequently Asked Questions

WHAT IS THE PURPOSE OF THE COMMITTEE?
The purpose of the committee is to maintain property values by protecting the environmental and architectural integrity of the Subdivision in accordance with the provisions of the Declaration.  Most covenants state that no building, structure or improvement of any character shall be erected, placed, added to or altered on any lot until the building plans, specifications and a site plan showing the location of the proposed structure or structures have been submitted to and approved by Architectural Control Committee for the Association as being in compliance with the restrictions as to use, quality of workmanship and materials, nature of materials, harmony of external design and colors with existing and proposed structures, and location of improvements with respect to topography, finished grade elevation, lot boundary lines and building lines,  and within the scheme and design of Declarant.

WHAT ACTION IS REQUIRED OF OWNER(S)?
Prior to making any change or improvement, any owner planning to change or add to the existing structures on a lot must submit a request in writing to the ACC stating the details of the intended change, improvement or need for variance and attaching samples or plans to more clearly describe the projected change or addition. If any change, improvement or action in variance from the Declaration is taken prior to written approval of the ACC,  the Association has the right to require the homeowner to remove the improvement(s) and/or change(s) from the property.

WHAT TYPES OF ITEMS REQUIRE WRITTEN APPROVAL?
Some examples of improvements/alterations requiring written approval from the ACC include (refer to the Declaration for other details):

*  Antennae                
*  Playscapes             
*  Solar Collectors     
*  Major change in landscaping
*  Swimming Pools
*  Satelite Dish
*  Fences and walls
*  Storage Building, Patio Cover
*  Flagpoles, light fixtures

CAN THE COMMITTEE GRANT VARIANCES FOR CERTAIN DETAILS?
The Committee is authorized to grant selective variances for things such as location, height, number of Improvements, materials, etc, but the owner must request this variance, giving reasons why it should be granted so that the Committee can make a reasoned decision.

WHY DO WE HAVE TO PUT EVERYTHING IN WRITING?
The formal request and approval process is necessary to assure that every owner's desire to improve his or her property can be given due process without discrimination.  It will also provide the owner(s), the Committee and the Association Board with a permanent record of actions taken under the Declaration.

WHAT DO WE NEED TO SAY IN THE REQUEST?
A number of owners have already requested and been granted approval to add improvements to their property by following the procedures outlined in the Declaration of Protective Covenants, but there are some owners who have expressed surprised and consternation about have to "ask permission" to improve their own property.  Your subdivision was developed and made subject to a Declaration of Protective Covenants and all owners become obligated to follow the terms of the Declaration when they receive the deed to their property.  The simple form on the reverse has been created to make it easier for all owners to submit request for improvements.




Architectural Control Committee Improvement Request Form

The form mentioned above is best dealt with in Adobe Acrobat format rather than in HTML.  It can be downloaded here.






Masonry Calculations Description

A document that describes how the ACC calculates the masonry percentage of a house can be downloaded here.






Declaration of Covenants, Conditions, and Restrictions


The official declaration is not yet available in proper electronic form.  Click here to see a scanned copy of the original paper documents.  



First Amendment to the Declaration of Covenants, Conditions and Restrictions, The Lookout at Brushy Creek


Click here to see a scanned copy of the First Amendment.



Second Amendment to the Declaration of Covenants, Conditions and Restrictions, The Lookout at Brushy Creek


The Second Amendment to the DCCR affects sections 3.05 and 3.11; click on the link to see a PDF file with an image of the full text.






Rules and Regulations

Section 8.10 of the Declaration of Covenants, Conditions, and Restrictions of the Lookout authorizes the Board of Directors of the Lookout to adopt rules and regulations interpreting and supplementing the Declaration. The Board of Directors has passed a resolution to adopt such rules. This document can be seen here.