TREE AMENDMENT UPDATE

July 31, 2018

In 2015, an initiative was undertaken by the Riata Ranch HOA Board per increasing requests from homeowners to review the Deed Restriction requirements to replace or permanently remove trees in their front yards. At the time, the Deed Restrictions required that “live container grown oak trees every twenty five (25′) feet of street frontage of a minimum one and one half (1½”) inch caliper when planted” and “a minimum of two (2) container grown or machine transplanted trees with a minimum caliper of three (3) inches are required in the front yard of each residence.” The Deed Restrictions stated that upon approval by the Architectural Control Committee, trees could be replaced but there was was no provision that allowed homeowners the option of removing and not replacing the trees. The Board presented an Amendment to the Homeowners to update the requirement to allow Homeowners the option to not replace a tree once it had been removed.

Per the governing documents of the Association, 2/3rds of each Section in Riata Ranch must approve any amendments. As of July 2018, 5 out of the 11 Sections have approved the Amendments and can request to have trees removed and not replaced.

Below an an excerpts of the Amendment (full copies of the governing documents can be found at https://riataranch.net/homeowner-documents/)

WHEREAS, Article XI, Section 11.1 of the Declaration states that the Declaration may be amended at any time by an instrument signed those Owners owning at least two-thirds (2/3rds) of the Lots within the Subdivision.

WHEREAS, the Association and Owners desire to amend the following Declaration provisions with regard to Walls and Fences so that Owners will be responsible for maintaining and repairing them and also to provisions regarding Grass, Shrubbery and Landscaping to allow removal of certain oak trees causing damage to sidewalks, driveways and lots.

SECTION 5.8.GRASS, SHRUBBERY AND LANDSCAPING – Prior to sale thereof, each Lot with a residence thereon shall be sodded with grass and all areas visible from any street shall be landscaped with Shrubbery of the types and quantities approved by the Architectural Control Committee. All grass and shrubbery shall be maintained by the Owner of the Lot. Failure by the Owner to maintain a Lot in a reasonable manner shall give a right to the Association to enter the property for purposes of yard maintenance including mowing of grass and trimming of trees and charge the Owner all costs attributable thereto. Each Lot may have live container grown oak trees every twenty five (25′) feet of street frontage of a minimum one and one half (1½”) inch caliper when planted, and which may be removed, but only with Architectural Control Committee Approval. These trees shall be located an equal distance from the street curb. Additionally, a minimum of two (2) container grown or machine transplanted trees with a minimum caliper of three (3) inches are required in the front yard of each residence.

Below is the Section Map for Riata Ranch, as well as the current ballot numbers for each Section. For the Sections that have not passed, a copy of the ballot can be downloaded and submitted to First Service Residential.