Scenic Heights Subdivision
Property Owners Association
1201 Whispering Hills Dr
Canyon Lake, TX 78133
Phone: 830-899-7782
Inquiries/Requests addressed during our business hours only.
NEW HOURS of operation: 10am – 3pm, Monday – Friday
Closed on holidays and weekends
Want to be on the Board and take an active role in your community?
Get in touch with us via this website.
Together we can continue to drive positive change and build a stronger,
more vibrant community for everyone.
Welcome to Scenic Heights POA's website! Our open Board meetings are the third Saturday of each month
10-12 pm at the Association Park. Please tell your neighbors about our website
and let us know if you have any questions/suggestions.
Open board meeting April 19, 2025 10-12PM Park Pavilion
*see Members Only section for updated news
ARCHITECTURAL REVIEW COMMITTEE
KEN (Sarge) MANNO
The Architectural Review Committee, just like the Board of Directors, is made up strictly of volunteers. These members above have full-time jobs but volunteer their time when they can. We ask that you have patience in your requests. ARC response time: 10 business days (14 calendar days) from receipt of your application, fee, and architectural plans.
WHAT IS THE ARCHITECTURAL REVIEW COMMITTEE?*
Independent of the POA Board, the ARC's function is to see that all necessary applications are submitted to the POA before any building projects begin and all deed restrictions and setbacks are adhered to.
*it can also be referred to as the Architectural Control Committee or the Architectural Review Authority
IMPORTANT: Please note: there are two types of "clearing" of lots:
1.CLEARING TO BUILD: If planning to build, lots must NOT be cleared of ANY trees until first contacting ARC, submitting an application, a septic permit, site and building plans, fee, AND receiving FINAL APPROVAL TO PROCEED from ARC.
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2. CLEARING TO SELL: Minimal clearing in the preparation to sell a lot, no construction. Minimal clearing is considered KEEPING most trees with clearing of underbrush (i.e. five feet and under, shrubs, saplings, low vines, etc. growing under the larger trees) to better see the lot for sales purpose only, and in order to preserve the landscape. REQUIRES the submission of a Variance application AND APPROVAL before commencing the work.
Contact ARC via the "Help" contact form here.
CONSTRUCTION APPLICATION
Apply BEFORE you build or clear lots!
INSTRUCTIONS:
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Download and fill out the Construction Application.
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Verify property address and lot(s).
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Include your check for $150.00 with your application and mail to the address below.
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If you need to request a variance, download and fill out the Variance Request form, include a check for $100.00, and mail to the address below.
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SHSPOA response time: 10 business days (14 calendar days) after we receive your application.
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SHSPOA
1201 Whispering Hills Dr
Canyon Lake, TX 78133
830-899-7782**
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**Please note, no one is available to answer the phone full-time, so if you have a question,
please leave a message. For a faster response, fill out and send the contact form here.
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Inquiries/Requests addressed during our business hours only.
Hours: 8am – 5pm, Monday – Friday
Closed on holidays and weekends
PLEASE DO NOT SEND ANYTHING TO THIS ADDRESS THAT REQUIRES A SIGNATURE,
AS NO ONE IS AVAILABLE TO SIGN FOR IT:
Use the following links to download copies of SHSPOA Formation Documents. Realtors, please download and print copies to be included with your clients' contracts so that they can be informed of our neighborhood's restrictions. By popular demand, we have now created a clean, easier to read version.
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What Does the Texas Property Code 209
Say About Architectural Review Committees?
Sec. 209.00505. ARCHITECTURAL REVIEW AUTHORITY.
(a) In this section, "architectural review authority" means the governing authority for the review and approval of improvements within a subdivision.
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(b) This section:
(1) applies only to a property owners' association that consists of more than 40 lots; and
(2) does not apply during a development period or during any period in which the declarant:
(A) appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B) has the right to veto or modify a decision of the architectural review authority.
(c) A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1) a current board member;
(2) a current board member's spouse; or
(3) a person residing in a current board member's household.
(d) A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board. A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery. The notice must:
(1) describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and
(2) inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.
(e) The board shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. Only one hearing is required under this subsection.
(f) During a hearing, the board or the designated representative of the property owners' association and the owner or the owner's designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner's application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the notice provided to the owner under Subsection (d).
(g) The board or the owner may request a postponement. If requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.
(h) The property owners' association or the owner may make an audio recording of the meeting.
(i) The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision's declaration.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 11, eff. September 1, 2021.
MORE ABOUT THE ARCHITECTURAL CONTROL COMMITTEE
Chapter 204.011 of the Texas Property Code: ARCHITECTURAL CONTROL COMMITTEE
(a) This section applies to restrictions providing for the creation and operation of an architectural control committee with the power to approve or deny applications for proposed original construction or modification of a building, structure, or improvement.
(b) Unless the restrictions applicable to a residential real estate subdivision vest the architectural control committee authority in the property owners' association before either of the following events, the architectural control committee authority automatically vests in the property owners' association when:
(1) the term of the architectural control committee authority expires as prescribed by the restrictions;
(2) a residence on the last available building site is completed and sold;
(3) the person or entity designated as the architectural control committee in the restrictions assigns, in writing, authority to the property owners' association; or
(4) an assignee of the original holder abandons its authority for more than one year.
(c) If the architectural control committee authority is transferred to the property owners' association, the authority is vested in the property owners' association until:
(1) the restrictions are modified to reflect otherwise;
(2) the restrictions are terminated; or
(3) the property owners' association ceases to exist.
(d) If existing restrictions applicable to a subdivision do not provide for a property owners' association and a property owners' association has not been formed, the architectural control committee authority over the entire subdivision vests in a civic association other than a property owners' association if:
(1) an architectural control committee created by the restrictions exercised the architectural control committee authority as provided by the restrictions over all the lots in the subdivision for at least 10 years and over a majority of the lots in the subdivision for at least 20 years;
(2) an architectural control committee created by the restrictions assigned the civic association the architectural control committee authority over a majority of the lots in the subdivision;
(3) the civic association was assigned the architectural control committee authority over a majority of the lots in the subdivision and has exercised that authority over all the lots in the subdivision for at least 10 years; and
(4) the architectural control committee authority has lapsed in the lots in which the civic association lacks authority, and the lapse is solely the result of:
(A) the automatic termination of the architectural control committee authority; or
(B) the death of a member of the architectural control committee or another cause resulting from the inability to locate a member of the architectural control committee or the member's assigns.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.
Amended by: Acts 2007, 80th Leg., R.S., Ch. 711 (H.B. 2218), Sec. 1, eff. September 1, 2007.