Our Deed Restrictions were conceived and the limitations determined solely by the original subdivision developers, “Land Systems Company” and “Martex Corporation” at the time of  development, March 11, 1997.  The “Shannon Ridge Homeowners Association” was not founded until March 2, 2003, several years after the subdivision incorporation and thus has nothing to do with the content of the Restrictions. It is imperative that this fundamental fact be clearly understood –the HOA had no hand in writing the deed restrictions.

Many believe that the Restrictions were poorly thought out, somewhat ambiguous, and not well written by today’s standards.  Keep in mind they were written 27 years ago, and time has evolved rapidly and there are many living in our subdivision who believe the Restrictions need updating — for better or worse, but the ambiguity needs a lot of clarification.

It is important to grasp the difference between a Homeowners Association, and Deed Restrictions. Our HOA was not even formed until several years after our subdivision was legally formed and properties already sold. The HOA had, and still has, NO say over the wording of the Restrictions, and has no right to enforce the Restrictions, beyond the right of any individual Shannon Ridge Subdivision Property Owner. What Shannon Ridge HOA does have, (even though a voluntary association) is the financial advantage of funds to allow legal pursuit of the enforcement of our Restrictions. 

Below are the original deed restrictions which are on file with the County Clerk’s office of Wilson County, Texas.  There exist 6 sets of deed restrictions on file: Units One through Six as the Estates at Shannon Ridge were developed over a period of years.  As one unit was developed another section opened up for developing.  Each time a section opened up to be developed, deed restrictions had to be filed with the County Clerk for that unit.  The only difference noted in all six sets is the yellow highlighted area of Unit One, Article III – Use Restrictions, Section 8 — Driveways.  “All driveways shall access interior roads in the subdivision, and no driveway shall be constructed on any lot to access U.S. Highway 181.”  (This quoted section was omitted in Units Two through Six.)

Amending Deed Restrictions:  (Taken from Texas Property Code)

TITLE 11. RESTRICTIVE COVENANTS

CHAPTER 211.  AMENDMENT AND ENFORCEMENT OF RESTRICTIONS IN CERTAIN SUBDIVISIONS

Sec. 211.004.  CREATION OR MODIFICATION OF PROCEDURE TO AMEND RESTRICTIONS.  (a)  A property owners’ association by a two-thirds vote of the association’s governing body may submit a procedure for amending restrictions to a vote of the property owners in the subdivision or in the unit or parcel of the subdivision governed by restrictions.

(b)  An amendment procedure submitted to a vote under Subsection (a) binds all property owners in the subdivision or the unit or parcel of the subdivision to which the procedure applies if more than two-thirds of the voting property owners vote in favor of the procedure.