FAQs

Pedernales Place Architectural Control Committee (ACC), Unit 1 & 2

Frequently Asked Questions 

BACKGROUND.  These FAQs been drafted by the ACC and reviewed by Chloe Love, an attorney specializing in Homeowner’s Assocations and property law and retained by the ACC at their own expense. 

HOW WAS THE ACC CREATED?  The Restrictive Covenants and Use Limitations governing the Pedernales Place community created an Architectural Control Committee (“ACC”).  Full copies of the Restrictive Covenants can be found in the Real Property Records with the Blanco County Clerk.  (Unit 1 filed 1979 in vol. 99, p. 427-436 and Unit 2, filed in 1980 in vol. 101, p. 935-943), on this website or can be provided upon request by the ACC. 

ARE ALL LANDOWNERS BOUND BY THE RESTRICTIONS? Yes, they are public record and “run with the land” and are binding on past, present and future landowners.

WHAT IS THE PRIMARY PURPOSE OF THE ACC?  The Section 3 of the Restrictive Covenants define the rights, authority and obligations of the ACC.  

• Sec. 3.2 provides that no building or improvement may be constructed within Pedernales Place until plans and specifications have received written approval from the ACC.  
• Sec. 3.5 gives the ACC the right and authority to waive, modify, alter, change or approve any restriction contained in the Restrictive Covenants, if the ACC deems the change to be necessary or required for the best appearance of Pedernales Place. 
• Sec. 3.6 gives the authority to make final decisions in interpreting the general intent, effect and purpose of the Restrictive Covenants.  

HOW DO I SUBMIT PLANS FOR CONSTRUCTION OR REQUEST A VARIANCE?  Forms and checklists can be found on this website or upon request to any ACC member. 

WHO ENFORCES THE COVENANTS? Sec. 9 of the Restrictive Covenants provides that any landowner may bring proceedings (a lawsuit) to prevent a violation, to correct a violation or to recover damages. 

WHAT IS THE RELATIONSHIP BETWEEN THE PEDERNALES PLACE PROPERTY OWNERS ASSOCIATION (PPPOA) AND THE ACC?

The ACC was originally created by the recording of the Restrictive Covenants for Units 1 in 1979 and Unit 2 in 1980.  The purpose of the ACC is set out above.

The PPPOA was registered with the Texas Secretary of State in 1986.  Membership is voluntary. 

The PPPOA owns and maintains the Community Park.  

Over the years, the ACC and PPPOA have worked in cooperation together, as both organizations share a joint interest in maintaining the property values of the Pedernales Place community.  

ACC INTERPRETATIONS

• ARE CHICKENS PERMITTED IN PEDERNALES PLACE?  Section 4.3 prohibits chickens; however, variances can be granted by the ACC.  If you are considering getting chickens, you may want to contact your neighbors to make sure they will not consider them an annoyance or a nuisance.  (Section 4.3)
• ARE HORSES AND/OR DONKEYS PERMITTED WITHIN PEDERNALES PLACE?  No.  The ACC has interpreted Section 4.3 of the Restrictions to include horses and donkeys as animals not ordinarily kept as pets in residential subdivisions.  Offers have been made to grant variances to the owners for horses and donkeys currently present in Pedernales Place. 

CAN THE RESTRICTIONS BE TERMINATED OR REVISED?  Yes, by a vote of the landowners. The ACC’s counsel advises that at least 70 percent of the owners within a Unit will need to approve any proposed changes. (Restrictive Covenants, Section 8).  For instance, to change the Restrictive Covenants for Unit 1, at least 70% of all homeowners within Unit 1 will need to vote in favor of the proposed changes. 

Some owners assert that only a majority of homeowners would need to approve amendments to the covenants, as Pedernales Place has been established for more than 35 years.  (Restrictive Covenants, Section 7). However, the Restrictive Covenants are internally inconsistent, so on the advice of counsel, the ACC has chosen to apply the more conservative 70% approval requirement.

Further, others have stated that state law allows for a vote of 67% of the homeowners to approve any changes to the Restrictive Covenants. We believe this claim is a misapplication of Texas Property Code Section 209.0041.  That particular provision of the Texas Property Code does not apply to Pedernales Place, as the neighborhood is not subject to a mandatory membership in a homeowner’s association.  (Prop. C. 209.0041(b)).

CAN THE ACC MEMBERSHIP BE CHANGED?   Yes, Section 3.1 provides for a vote changing the membership, as well as withdrawing powers of the ACC.   

MEMBERSHIP

• WHO ARE THE ACC MEMBERS? George Wright (1995-present) Katherine Peake (2017-present) and Frank King (2018-present) Immediate past members; John Armstrong (2001- 2017) Scott Thomas (1995-2018)   
• CAN I JOIN THE ACC?  ACC members continue to serve until they either resign or pass away.  (Restrictive Covenants, Section 3.1) In the event of a vacancy on the ACC, the remaining members of the committee are to appoint a successor.  If you are interested in serving on the ACC, attending meetings or assisting the ACC, please contact any committee member.

HOW DO I CONTACT ACC MEMBERS? 

Katherine Peake, Chairman kbfpeake@gmail.com

Adam Dudley azsdudley@yahoo.com

Brook Schaaf brooksshaaf@gmail.com