News Articles
Amendment to Deed Restrictions regarding short term rentals, i.e. VRBO and Air BnB
Posted on Oct 31st, 2022
Re: Short Term Rental(s) e.g., “VRBO” and “AirBnB”
The HOA board hopes this note finds each of you, the Eagles Point owners, doing well. In 2020, the HOA Board of Directors developed a mission statement that would guide the actions and decisions of those who are elected to represent the members in the oversight of our great community. This mission statement is simple and remains relevant. The Board’s focus and core responsibility is to “Protect, maintain and grow the value of each Eagles Point residence property by ensuring the bylaws and deed restrictions, that each homeowner has agreed to, are adhered to uniformly across the community.” The value of our community’s foundation is the people who make up the community, and the beauty of our community as it has aged gracefully. A key element of the value of our community is that there are no through streets into our community. This is critical in mitigating transient traffic in and out of the neighborhood. As is always the case regarding any governing document, the Association’s document(s) must be reviewed and updated periodically, to remain relevant with the changing times. The Board has voted unanimously to bring to the Association a “RENTAL AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR EAGLES POINT”, and to seek the adoption of such document. This amendment document is attached to this letter, and will be posted on the HOA’s web site https://www.eaglespointhoa.org/home/ . A copy of this notice will be posted on the Eagles Point Facebook page, directing homeowners to the website.
The process: During the next few weeks, this amendment will be mailed to each homeowner to be reviewed and signed as an indication of the homeowner’s agreement to add the amendment to the deed restrictions. Not responding is effectively a “No” Vote. The signed document may be mailed to Eagles Point HOA, P.O. Box 1550, Friendswood Texas 77546, using the stamped envelope that will be included, or the signed document may be hand delivered to a member of the Board. After the amendment is mailed to the owners, members of the community (including the Board) may go door to door to answer any questions and collect signatures of those homeowners who agrees with the passage and adoption of the amendment.
A 67% affirmative vote must be received to pass. This represents 63 homes x 67% = 43 homes Key
FAQ: “Short Term Rental” is defined as an initial lease term of less than 6 months.
Will my family be able to use our garage apartment for family members who come in from college and for shorter periods of time than 6 months? Yes.
Will a homeowner be able to lease their home if they choose? Yes, provided the initial term of the lease is six months or longer.
THAT, WHEREAS, Magnolia Investment Properties, Inc., and Mitch Mitchell
Properties, Inc., as “Declarants” and owners of the land platted into that certain subdivision
known as EAGLES POINT, a subdivision in Galveston County, Texas according to the map
or plat thereof recorded at County Clerk’s File No. 7837209, and replat thereof recorded at
County Clerk’s File No. 791962, Plat Records of Galveston County, Texas, caused to be
filed of record that certain instrument entitled “Eagles Point Amended Deed Restrictions”,
recorded June 19, 1979, within the office of the County Clerk, Galveston County Real
Property Records, bearing County Clerk’s File No. 204226, and appearing within the
Galveston County Deed of Trust Records, at Book 3182, Page 393, et seq., (hereinafter “the
Declaration”) which instrument established and imposed certain Covenants, Conditions and
Restrictions upon the properties described therein;
WHEREAS, it is the desire of parties whose signatures appear below and on the
attached Acknowledgement and Consent documents, to further amend the Declaration by
execution and/or adoption of this Rental Amendment to Declaration of Covenants,
Conditions and Restrictions for Eagles Point;
NOW, THEREFORE, the undersigned, being those Owners of Lots representing
not less than sixty-seven percent (67%) of the Lots within Eagles Point, hereby agree to
amend the Declaration, and by these presents do hereby AMEND the said Declaration by
adding Section 18 to Article III of said Declaration, including those provisions set forth
below, and by execution of this Rental Amendment do hereby covenant and agree that we,
as well as our successors and assigns, and all parties holding title to properties within Eagles
Point shall hereafter have and hold title to the lands and premises herein above described, in
all respects subject to the terms and provisions stated below:
ATTEST and CONSENT OF ASSOCIATION:
EAGLES POINT HOMEOWNERS ASSOCIATION, INC.
RENTAL AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
EAGLES POINT
EAGLES POINT
THE STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON }
THAT, WHEREAS, Magnolia Investment Properties, Inc., and Mitch Mitchell
Properties, Inc., as “Declarants” and owners of the land platted into that certain subdivision
known as EAGLES POINT, a subdivision in Galveston County, Texas according to the map
or plat thereof recorded at County Clerk’s File No. 7837209, and replat thereof recorded at
County Clerk’s File No. 791962, Plat Records of Galveston County, Texas, caused to be
filed of record that certain instrument entitled “Eagles Point Amended Deed Restrictions”,
recorded June 19, 1979, within the office of the County Clerk, Galveston County Real
Property Records, bearing County Clerk’s File No. 204226, and appearing within the
Galveston County Deed of Trust Records, at Book 3182, Page 393, et seq., (hereinafter “the
Declaration”) which instrument established and imposed certain Covenants, Conditions and
Restrictions upon the properties described therein;
WHEREAS, the Declaration was amended by that certain instrument, entitled
“Amendment to Declaration of Covenants, Conditions and Restrictions Eagles Point”,
bearing County Clerk’s File No. 259311, and appearing within the Galveston County Deed
of Trust Records, at Book 3404, Page 351, et seq.;
“Amendment to Declaration of Covenants, Conditions and Restrictions Eagles Point”,
bearing County Clerk’s File No. 259311, and appearing within the Galveston County Deed
of Trust Records, at Book 3404, Page 351, et seq.;
WHEREAS, it is the desire of parties whose signatures appear below and on the
attached Acknowledgement and Consent documents, to further amend the Declaration by
execution and/or adoption of this Rental Amendment to Declaration of Covenants,
Conditions and Restrictions for Eagles Point;
WHEREAS, Section 209.0041 of the Texas Property Code provides that the above-
described Declaration may be amended by an affirmative vote of sixty-seven percent (67%)
described Declaration may be amended by an affirmative vote of sixty-seven percent (67%)
of the total votes allocated to property owners entitled to vote on the amendment;
WHEREAS, the parties whose signatures appear below and on the attached
Acknowledgement and Consent are owners of lots within Eagles Point, and which represent
WHEREAS, the parties whose signatures appear below and on the attached
Acknowledgement and Consent are owners of lots within Eagles Point, and which represent
not less than sixty-seven percent (67%) of the total votes allocated to property owners
entitled to vote on amending the Declaration.
entitled to vote on amending the Declaration.
NOW, THEREFORE, the undersigned, being those Owners of Lots representing
not less than sixty-seven percent (67%) of the Lots within Eagles Point, hereby agree to
amend the Declaration, and by these presents do hereby AMEND the said Declaration by
adding Section 18 to Article III of said Declaration, including those provisions set forth
below, and by execution of this Rental Amendment do hereby covenant and agree that we,
as well as our successors and assigns, and all parties holding title to properties within Eagles
Point shall hereafter have and hold title to the lands and premises herein above described, in
all respects subject to the terms and provisions stated below:
AMENDMENT
Section 18 is hereby added to Article III of the Declaration:
Section 18. Single-Family Residential Use. Each Lot (including land and
improvements) shall be used for single-family residential purposes only. No
Owner shall occupy or use his Lot, nor any building thereon, nor permit the
same and/or any part thereof to be occupied or used for any purpose other
than as a private single-family residence for the Owner, his family, guests,
and tenants, and no retail or commercial use shall be made of the same, nor
any portion thereof.
For the purposes of this Section 18, the term “private single-family
residence” shall be deemed to specifically prohibit the use of Lots for duplex
apartments, garage apartments, apartment use, transient use, hotel use,
extended guest use, short-term rentals (including but not limited to
“AirBnB” and/or “VRBO” type occupancy), business, commercial, trade
and/or professional purpose(s), whether for profit or not. A minimum initial
lease term of six (6) months is hereby imposed on all leases executed
between an Owner and a tenant. Owners shall not be permitted to lease or
rent any Lot, nor any portion thereof, to any tenant for a lease term of less
than six (6) months in duration. Any lease which provides an initial term of
less than six (6) months shall constitute a short-term rental and shall
constitute a violation of this provision, and of the Declaration, and which
shall subject the Owner to such legal and/or enforcement action as the
Association deems necessary and proper. Nothing herein shall prohibit the
Section 18. Single-Family Residential Use. Each Lot (including land and
improvements) shall be used for single-family residential purposes only. No
Owner shall occupy or use his Lot, nor any building thereon, nor permit the
same and/or any part thereof to be occupied or used for any purpose other
than as a private single-family residence for the Owner, his family, guests,
and tenants, and no retail or commercial use shall be made of the same, nor
any portion thereof.
For the purposes of this Section 18, the term “private single-family
residence” shall be deemed to specifically prohibit the use of Lots for duplex
apartments, garage apartments, apartment use, transient use, hotel use,
extended guest use, short-term rentals (including but not limited to
“AirBnB” and/or “VRBO” type occupancy), business, commercial, trade
and/or professional purpose(s), whether for profit or not. A minimum initial
lease term of six (6) months is hereby imposed on all leases executed
between an Owner and a tenant. Owners shall not be permitted to lease or
rent any Lot, nor any portion thereof, to any tenant for a lease term of less
than six (6) months in duration. Any lease which provides an initial term of
less than six (6) months shall constitute a short-term rental and shall
constitute a violation of this provision, and of the Declaration, and which
shall subject the Owner to such legal and/or enforcement action as the
Association deems necessary and proper. Nothing herein shall prohibit the
use of a dwelling for limited “incidental professional” purposes as an in-
home office, and use of business-related telephones and internet, none of
home office, and use of business-related telephones and internet, none of
which shall include the presence of customers, clients, etc., within the home
and which shall in no way increase vehicular traffic, pedestrian traffic and/or
on-street parking within Eagles Point.
on-street parking within Eagles Point.
IN WITNESS WHEREOF, the undersigned Lot Owners have executed this Rental
Amendment to Declaration of Covenants, Conditions and Restrictions for Eagles Point, on
the date set forth and indicated next to their respective signatures(s), to be effective on the
date this document is recorded in the office of the County Clerk, Galveston County, Texas.
Amendment to Declaration of Covenants, Conditions and Restrictions for Eagles Point, on
the date set forth and indicated next to their respective signatures(s), to be effective on the
date this document is recorded in the office of the County Clerk, Galveston County, Texas.
ATTEST and CONSENT OF ASSOCIATION:
EAGLES POINT HOMEOWNERS ASSOCIATION, INC.
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