When you sell a property in the Colonies HOA you can expect a $250.00 Resale fee as well as a $50.00 Transfer Fee. Both fees are paid at closing.

 

When you refinance your home you can expect a $250.00 Fee at closing. 

 

The $250.00 fee for Resales and Refinancing covers the inspection of the property, pulling the file and processing all information on the home, as well as processing all requested documents required to close on the property. 

 

For additional information please contact us at brittany@fimcrealty.com or call 806.358.7151 x224.

The Colonies neighborhood actually consists of two different "Colonies".  This often causes confusion in that only one section of the "Colonies" is governed by the Colonies Master Association, Inc ("CMA").

 

The first section is not governed by CMA and was developed prior to the year 2000.  This first portion of the "Colonies" development is situated north of Pilgrim Lane and west of Van Winkle Drive and is depicted in light print on the development plat.  Likewise, the first section is not included within the Public Improvement District ("PID").  Additional information on the PID is available below.

 

Colonies Master Association, Inc. was created by Rockrose Development, Inc. in August of 2001 and applies only to the area south of Pilgrim Lane and east of Van Winkle Drive and bounded by Hillside Road to the south, Soncy Road to the west, and Coulter Street to the east.  This area is depicted in the darker print on the development plat.

 

Colonies Master Association membership is limited to the homes and residents of the "Rockrose" Colonies development as only these homes are subject to the Master Declaration filed by Rockrose Development.

The developer, Rockrose Development, Inc., applied for and received a Public Improvement District ("PID") created by Resolution of the City of Amarillo for the geographic area defined by the PID designation plat filed with the City of Amarillo. The creation of a PID is governed by the Texas Property Code and allows the developer to design, install, and fund neighborhood features located within common areas in the PID that would exceed the quality and standards available absent the existence of the PID.  All of the property owners within the PID contribute to the various PID features and projects through an annual supplemental "PID Assessment" levied by the taxing authority.  These funds and the PID projects or features are managed and approved by the PID board of directors composed of the developer and volunteer property owners from the neighborhood.

Effective January 1, 2015 the day to day business of the Colonies Master Association, Inc. ("CMA") is managed by FIMC Commercial Realty, Inc. (see contact information below).  FIMC is the designated and registered agent for the non-profit corporation with the State of Texas and Randall County, Texas.  FIMC reports to and is governed by the CMA volunteer board of directors that are elected by the general membership of the association at its general meetings held annually during October or November.  The elected board of directors appoint volunteer officers to manage the affairs of the association and oversee the relationship with FIMC as professional property managers.

 

FIMC Commercial Realty, Inc.
1619 S Tyler Street
Amarillo, Texas  79102
(806) 358-7151
 

All property owners execute documents at the time of purchase acknowledging the existence of (and mandatory participation in) both the Colonies Master Association ("CMA") and the Public Improvement District ("PID").

 

The Texas Property Code contains very specific provisions regarding the rights and duties of non-profit homeowners associations.  The property code has undergone multiple amendments since the creation and filing of the Master Declaration applicable to the Colonies.  The property code places very specific burdens and responsibilities on homeowner associations while maintaining the association's right to govern and enforce any minimum standards applicable to the neighborhood.

 

Our association was created by the developer, Rockrose Development, Inc., in August 2001 and began operation with a small but dedicated group of volunteer property owners and very few residents at its inception.  At present, we have grown to over 700 property owners and the number continues to increase with the completion of the final phases of the development.  We long ago outgrew our "volunteer" management structure and the members recognized a need at its annual meeting in October 2014 for professionally trained property management.  In support of the decision the members also voted to engage legal counsel (board certified in real estate law and specialized in homeownwer association issues) in order to remain complaint with the ever changing provisions of the Texas Property Code and advise and assist the officers and board of directors. 

 

 

Each property owner must pay or cause to be paid a "Transfer Assessment" each time a property is transferred or sold.  The current Transfer Assessment is $300.00 per transfer.  The Transfer Certificate is generally obtained by the title company during the closing process but may be sought directly by the property owner.

 

If you require a Transfer Certificate please contact:

 

FIMC Commercial Realty, Inc.

1619 S Tyler Street

Amarillo, Texas  79102

(806) 358-7151

 

 

 

Effective January 1, 2015 the annual dues for each member (property owner) are $120 per lot owned as reflected in the plat designation.

Historically the Colonies Master Association ("CMA") dues have provided a source of funds for neighborhood social projects and events such as the Fourth of July in Pilgram Park and the holiday decorations and lighting of the common areas. As the association has grown the members recognized a need for professional property management and legal counsel to remain compliant with the Texas Property Code.  These professional expenses are funded by the association. All CMA board members and officers are volunteers and are not compensated. 

 

The amount of the dues assessment is ultimately based upon a budget prepared by the board with the assistance of the property management company and takes into account the current and future financial needs of the association such that the association continues to remain solvent while providing for a marginal amount of growth for contingent expenses or new neighborhood projects. 

The Public Improvement District ("PID") assessment is evaluated by the volunteer PID board of directors taking into account the funding needs of the PID.  The board maintains a budget considering new and existing features, current and projected operational and maintenance expenses, and debt service to the developer.  The board holds public meetings on a regular basis under the auspices of the City of Amarillo Planning and Zoning Department.  The Amarillo City Council considers recommendations of the PID board when implementing public policy regarding the PID.  The minutes of the PID board meetings are available here.

 

 

The current PID assessment is at the rate of $0.10 per square foot based upon individual lot square footage as reflected in the plat designation.

 

For further information you may contact:

 

Rebecca Beckham

Comprehensive Planner

City of Amarillo

509 SE 7th Avenue

Amarillo, Texas  79105

(806) 378-6288

The Covenants, Conditions, and Restrictions ("CCRs"), also referred to as "deed restrictions", are generally uniform throughout the neighborhood but may vary slightly based upon the "Unit" the property is situated in.  The legal description contained in the conveyance of your property will set forth the Unit where your property is located or you may search by owner name or address for a property (and corresponding legal description) using the search features available through the Potter-Randall County Appraisal District website (www.prad.org).  Once the property location is determined you may refer to the applicable CCRs below:

 

Colonies Unit No. 5, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 13, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 15, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 18, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 20, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 22, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 25, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 27, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 36, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 38, Declaration of Covenants, Conditions, and Restrictions

Note:  Unit No. 43 is a replat of a portion of Unit No. 36

Colonies Unit No. 45, Declaration of Covenants, Conditions, and Restrictions
Colonies Unit No. 50A, Declaration of Covenants, Conditions, and Restrictions

Most Covenant, Condition and Restriction ("CCR") issues arise when a property owner is simply unaware of a CCR or "deed restriction" affecting the property.

 

The most common CCR issues are HVAC (air conditioning units), satellite dishes, and lawn storage building or recreational vehicles that are visible from the street. These issues are most prevalent in side yards between properties or on exposed corner lots.  Additionally, the "street trees" defined in the CCRs must be properly located (generally set back 8 feet from the curb) and the proper size (minimum 3 inch caliper measured 12 inches above the root ball) and type (species).  Street trees must also be maintained so as to not interfere with pedestrian traffic.

 

More recently the use of golf carts and motorized recreational vehicles within the neighborhood has become the most controversial issue reported to the association.  Please see "What are the "deed restrictions" and laws regarding the use of golf carts, all terrain vehicles, and recreational or utility motor vehicles within the Colonies?" below for more information.

FIMC Commercial Realty, Inc.

1619 S Tyler Street

Amarillo, Texas 79102

(806) 358-7151

 

As professional property managers FIMC is knowledgeable and competent to answer most questions regarding the applicability and enforcement of deed restriction issues.  In the event a property owner disagrees with FIMC evaluation of any particular issue, the association bylaws establish and provide for a "Deed Restriction Enforcement Committee" consisting of volunteer property owners available for further review of any deed restriction issue.  Unresolved deed restriction issues will ultimately be referred to the officers and board of directors for further compliance action.

The Common Areas within the Colonies are open to the public and consist of all of the parkways and parks including all public features located within these areas.  These areas are dedicated to and owned by the City of Amarillo with the City of Amarillo being responsible for overall landscape management including the general upkeep and maintenance of these areas and features.  Residents may contact Amarillo Parks and Recreation Department at (806) 378-6823 or after hours at (806) 678-3891 for questions or notification in case of emergencies affecting public safety.

 

The City of Amarillo established the Colonies Public Improvement District ("PID") with its corresponding Citizens Advisory Board to assist the Amarillo City Council which is ultimately responsible for the funding, maintenance and management of these areas utilizing the proceeds of the PID assessments applicable to all properties located within the Colonies PID area.

 

While these areas are for the general use and enjoyment of the public they are also subject to the conditions, covenants and declarations set forth in the Colonies Master Declaration  and the various Covenants, Conditions and Restrictions applicable to the neighborhood and governed by the Colonies Master Association.

All of the streets and alleys within the Colonies are owned and maintained by the City of Amarillo.

 

Report any maintenance or pavement issue including the exact location to the Amarillo Street Department at (806) 378-6815.

The Covenants, Conditions and Restrictions ("CCR") applicable to the Colonies prohibit the use of golf carts or motorized vehicles on the Common Areas or on sidewalks in the Common Areas (Section 2.20).

 

State law governs the use of golf carts, all terrain vehicles ("ATVs"), and motorized utility or recreational vehicles on the streets within the Colonies.  The following guidance has been offered by the City of Amarillo regarding these vehicles:

Golf Cart Usage on Public Streets

• in a master planned community (has a uniform set of restrictive covenants in place), OR
• on public or private beaches, OR
• for transportation to or from a golf course during the daytime and no more than two miles from where the owner usually parks the golf cart, AND/OR
• to cross intersections, including a road or street that has a posted speed limit of no more than 35 miles per hour.

The golf cart must be insured AND have the following minimum equipment to operate on a public street:

• headlamps,
• tail lamps,
• reflectors,
• parking brake,
• mirrors, and
• slow-moving vehicle emblem.