Please send all ACC submissions and questions to: email@example.com.
Thanks to Brian Kerman, Dan Self, and Nicholas Anderson for heading up this committee!
Do I need to get ACC approval for an improvement to my property?
According to our Milwood subdivision documents called the “Declaration of Restrictions”(later called “Declaration of Covenants, Conditions, and Restrictions”); “Improvements to all single family homes and lots must be approved by the Architectural Control Committee prior to construction”. The Architectural Control Committee (ACC) responsibility was transferred to the RCNA Board of Directors, which appoints the ACC members. The Covenants and Restrictions are binding on all parties and are “for the purpose of protecting the value and desirability of the Property and shall run with the ownership of the Property”.
Note that all properties in the Milwood Subdivision sections that are within the North Austin Municipal Utility District Number No.1 (NAMUD#1) for taxing purposes, are included in the Rattan Creek Neighborhood Association (RCNA) boundaries.
I live in the Bluffs at Milwood, do I have to submit to RCNA-ACC as well?
The Bluffs section has a mandatory Home Owners Association (HOA) that was formed by the Milburn Co. in the newest sections (40A & 40B called the Bluffs). Their HOA has some enforcement authority, along with the District. Their HOA is administered by an elected Board of Directors who hired the PS Property Management Company, Inc. Cedar Park, TX 78613 to manage the HOA work. Check with the HOA management for your ACC approval process.
What projects need to be submitted to the ACC for approval?
All structural improvements, including, but not limited to; storage sheds, home additions, fencing changes, play equipment, decks, arbors, gazebos, swimming pools, playhouses, tree houses, walls, hardscape, landscape improvements altering drainage paths, and exterior alterations.
Landscape improvements such as trees, flowers, shrubs, and general landscaping do not need to be reviewed. Note that flower bed borders and walls can change water drainage flow causing problems for neighbors which could result in legal action by neighbors.
Also note that at the time the deed restrictions were written, there were no such thing as solar panels! As such, solar panel additions are not required to go through the ACC. However, we ask that if you'll be doing solar panels on your home, please be considerate of your neighbors and keep the construction to business hours. And it goes without saying to keep it sightly and keep the workspace clean. We applaud you for being green!
What is the timeline for review?
The Architectural Control Committee has 30 days after receipt of the proposed project (including all pertinent documents) to review the plans submitted to assure compliance with the Restrictions in your section.
The ACC can do one of the following; they can approve your project, request additional information, reject the project or do nothing by which you have received approval by non-action of the ACC.
If the ACC requires additional information, it may request that information or it can deny the project. You can be notified via e-mail or by phone and mail. Note that an ACC denial or request for additional information of a project stops the review process time frame. The 30 day review period starts again after the requested information is received by the ACC.
If construction is started prior to written approval by the ACC, the project can be stopped and the owner is subject to legal action by the ACC and/or possibly civil legal action by neighbors.
Are any other permits required?
The City of Austin may require electrical, plumbing permits for certain improvements. Your contractor will know this information or you can reference the City of Austin website at www.ci.austin.tx.us.
Why do I have to go through the ACC?
The Architectural Control Committee was formed before this neighborhood was built out. It actually had control over the original builders of this neighborhood, but was also made up of the builders. Once the new construction concluded, control of the ACC was passed to the MUD and then the RCNA. The ACC exists because it is still required to go through the ACC for improvements as writting into our legal documents. So as a resident within the North Austin #1 MUD, you are required to go through the ACC for your home improvements.
If I don't hear back from the ACC, does that mean my construction is approved?
The ACC is made up of volunteers who can make mistakes and overlook things. The ACC exists to VERIFY that your proposed improvements do not break your deed restrictions. So lets say that you do not hear back from the ACC within the 30 day period. That does mean you have de facto ACC approval, but it does not AUTOMATICALLY mean that your improvements are within your deed restrictions. The ACC does not have the ability to allow unrestricted improvements. Read more about deed restrictions here. If your construction does not meet your deed restrictions, regardless of ACC approval, you can be reported and be forced to redo your improvements in order to meet your deed restrictions.
Does the RCNA charge a review fee?
Yes, the RCNA charges a review fee according to the following schedule:
How do I submit a plan for review?
1. Review your Declaration of Restrictions for your Section of Milwood. You should have received a copy when you purchased your home, from the Title Company.
If you do not have a copy (or simply can’t find your copy), you can do one of the following:
North Austin MUD 1 Deed Restrictions
c/o Sage Management Services
13359 North Highway 183
Suite 406 #167
Austin, TX 78750
Phone: (512) 576-2671
Be sure to send them your full street address, legal description including the section number, the property owners’ name, and a check made out to PBF for $8.50 for the cost of making that copy and mailing it to you.
2. Review your Section’s Restrictions related to your proposed project.
3. Complete a copy of the ACC Submittal 709 and fill it out and submit it with your complete project data.
4. Attach a check made payable to: Rattan Creek Neighborhood Association - ACC
5. Mail the submittal package to:
RCNA-ACC PO Box 200584 Austin, Tx 78720-0584
How do I contact the Architectural Control Committee
All questions regarding ACC submissions should be directed to firstname.lastname@example.org . The email is then distributed directly to the members of the ACC for the approval process.