Lago Vista Property Owners Association Articles of Incorporation, the Declaration of Covenants and Restrictions, and the By-laws
The Lago Vista Property Owners Association Articles of Incorporation, as well as the Declaration of Covenants and Restrictions, and By-laws are available on-line below, and in a paper form free of charge from the LVPOA at the main offices of the Lago Vista Property Owners Association. As of this date, the by-laws are available on the LVPOA website, the other two documents are not. My copies of the Articles of Incorporation, and the Declaration of Covenants and Restrictions were scanned on May 16, 2011 and are being made available on-line as a convenience requested by several LVPOA members.
The Lago Vista Property Owners Association is governed by several important documents. Several members have pointed out some Directors like to focus on the by-laws. I believe this is because the by-laws are subject to Board changes. Some Directors claim the by-laws define their powers. That would be convenient for them, bad for us. Fortunately, it is not true, since they define the by-laws, if the by-laws were the final authority, they would be defining their own powers, and there would be no limit. Don't be fooled. Actually, the by-laws are one of the lowest levels. There is a hierarchy of legal constraints on the LVPOA Directors power. Above that are the Articles of Incorporation, and the Declaration of Covenants and Restrictions, which are both organization specific. Above that are common law, state law, and federal law. The by-laws are the bottom and each level is constrained by ALL the ones above it.
You can see the same facts for yourself, these facts are covered in my other post about game changer items from "Texas Homeowners Association Law", subtitled "The essential legal guide for Texas Homeowners Associations and Homeowners" copyright 2010, by Gregory S. Cagle, a legal expert on the subject in the state of Texas. It's available on Amazon My copy has sections marked for me by a retired judge and I listed those sections so anyone who wishes to could mark their copy in the exact same places. He was simply trying to help me understand we have rights, and the board has obligations, he was not acting as a legal advisor. He labeled sections for me to read, use, and share, so I used those points in the meetings, and I posted what we need to read to get started here. I'm not going to restate all that here but you do need to know it to know your rights as a POA member.
Chapter 206 of the Texas Property Code explains that Property Owners Associations were also called Community Associations at the time our Association was started. This explains why the word "community" was used to describe the people whose interests the Association was formed to protect, the members, and not to the entire community. In the past, some on the board thought we had a "community burden" but that is false. The directors fiduciary responsibilities are to the members, and to the organization.
One last note: marks, alignment issues, and similar, are present on my copies these are not artifacts of the scanning process.
You can read the Lago Vista Property Owners Association Declaration of Covenants and Restrictions here. It is a large file, and may a little time to download.
Since these are subject to change, you can read the Lago Vista Property Owners Association by-laws on the LVPOA website.. NOTE: This links to the LVPOA "Dedicatory Instruments and Governing Documents" document container page, because the container page itself consistently seems to work, but the link to the actual by-laws document is intermittent. (The other documents above are direct links to copies on this Individual Initiative site. They are here because they are not typically subject to change as often as the by-laws.)