FAQ's
What is the "AIA"? Why not an "HOA"?
It stands for "Arbors Improvement Association" and is the formal name given to the homeowners organization in the documents filed by the developers of this subdivision - Sabine Investments. In general, Homeowners Association is a more common term.
How much are the AIA (property owner) dues?
The current dues are $484 annually, per property.
Owners with multiple lots will owe that amount on each lot as the Arbors CC&R's does not allow plated lots to be merged.
These funds are applied to the management of the subdivision: maintenance & erosion control of common areas, gate system, street lighting, Park lighting & watering, liability insurance, committee event expenses, road repairs, etc.
(Board and Committee member positions are all voluntary; no remuneration is paid from Arbors funds.)
Why do we have an AIA or homeowners’ association anyway? Who gives them their authority?
When the developers created this subdivision, they filed documents with Bastrop County that established certain restrictions governing the use of, and activities on, the land. These type rules are generally known as "Deed Restrictions” and can be as loosely or strictly enforced as the residents of the community determine. When 75% of the lots were sold, those documents dictated the developers to turn over control of the subdivision to an homeowners Association.
The State of Texas gives wide reaching authorities to homeowner associations.
It should be noted that in court of law, deed restrictions that are not enforced eventually become null and void. "Use it or lose it" can be applied to more than just muscle tone!
I moved "to the country" to get away from rules! Why do I have to adhere to deed restrictions?
You "live in the country" in the popular sense, but in reality you are residing in a deed restricted subdivision surrounded by (as yet) sparsely developed county land.
When you purchased your property, it was on the condition that you would accept the deed restrictions that are part of the property documents on file with the county. If you chose to ignore the deed restrictions the AIA has the legal right (as authorized by the State) to sanction, you.
Who and what is Goodwin & Company?
This property management company, whose professional business is to administer to homeowner organizations such as we, has been hired by the AIA to assist in the many activities required to keep a subdivision running smoothly. Ie, taxes, utility and insurance invoices are received and paid, dues collected, liens filed, budgets prepared, legal files maintained, etc., etc. Many of these activities are required as per the Association By-Laws and are more effectively performed by a professional company rather than a resident volunteer group.
What are the "CC&R's" I keep hearing about? How do they differ from the "By-Laws"?
The developer of this subdivision - Sabine Investments - filed with the county certain restrictions governing the use of, and activities on, the land. These are commonly known as "deed restrictions" and are a part of the documents you received from the title company upon purchasing your property.
The official name for the Arbors deed restrictions is the "Covenants, Conditions and Restrictions of the Arbors at Dogwood Creek". Each of the two developed sections in this community has a set of CC&R's, outlining restrictions on land use, structures, livestock, signs, etc. The Arbors Architectural Committee has the responsibility of interpreting and enforcing the CC&R's.
The BY-LAWS are a set of requirements filed by the developer of this subdivision outlining "how" the Association will be run: ie, meetings, board elections, terms of office, notices, etc. The By-Laws may be changed or amended by the Board as needed.
Copies of the CC&R's and the BY-LAWS can be downloaded HERE.
So how long are the "deed restrictions" in effect?
Article 25: "These Covenants and Restrictions shall run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded with the County clerk of Bastrop County, Texas, after which time such covenants shall be extended automatically for successive periods of ten (10) years, unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change such covenants in whole or in part or to revoke them."
(Sec 1: filed July 21, 1997; Sec 2 filed: Jan 25, 1999)
Are we a Gated Community or what?
At the annual Association meeting in August '03, a vote was put to the 119 members in attendance as to whether the Arbors would remain private (ie gated) or become public (turn control of the roads over to Bastrop County).
Bastrop County may not, by law, use tax payer money to maintain any roads that are considered private. Once turned over to the county (an irreversible action), and in return for road maintenance, the gates would have to be removed and the roads would have be open to the general public at all times.
At the annual meeting the vote was almost 2 to 1 in favor of maintaining our own roads and remaining a private community.
Note that a truly Gated Community restricts access 24 hours a day. Since the Arbors gates are open except at night, we could not be considered a bona fide Gated Community.
If we're a private community, then who serves us for emergency and fire?
Just because the Arbors chose to maintain control over their own roads, does not mean that the County has no obligation to service this community for emergency and fire. After all, residents are still obligated to pay county taxes!
Private roads do not mean one can commit criminal activities with impunity. The County Sheriff's Office has the authority to investigate and make any necessary arrests in this subdivision on reported illegal activity.
The Elgin Volunteer Fire Department and 911 EMS serve the Arbors.
UPDATE: In November 2006, Bastrop County voters passed proposition ESD 1 to create an "Emergency Services District".
The District is a taxing entity and thus the costs for fire protection and Ems will be spread among all residents, not just carried by those who donated to the volunteer fire dept. Results of this change will not be immediately visible as the taxing entity becomes functional, however it is estimated that within 2-3 years there will be outlays for new fire stations and equipment through the ESD. Meantime, the First Responders will continue to function as they do now.
UPDATE 2: In November 2024, Bastrop County voters passed a proposition to create ESD 3 for the purposes of providing paramedic ambulance service. This new District is a taxing entity and thus the cost for ambulance and paramedic services will be borne by all areas of the county within the ESD boundaries which include the Arbors.
There sure is a lot of emphasis put on not parking/driving on the R.O.W and easements! What's with that?
It's not just for aesthetics! It's because the Arbors has very good roads, better than most in the county, and we must protect the road bed which is part of it.
Our subdivision is built primarily on sand, and though there may be "ribbons" of clay visible in some minor areas, the vast majority of our ROW, (Right of Way) bar ditches, drainage easements are all sand based.
Erosion starts when vegetation is killed or removed; rain washes the sand away from the road bed and eventually holes develop under the road. Then repairs become very costly.... Better to control the erosion before it starts!!
For more information on easements, erosion, and right of ways (ROW) please see the Maintenance page here.
Please help keep our easements green!
What is a Re-sale certificate? Under the Texas Property Code chapter 207, a Resale Certificate is used to disclose information of property owners Associations. Goodwin & Company provides these certificates as needed.
Will I need to install a water softener?
This is a personal decision on the part of the homeowner.
However, new homeowners should be aware that this area has very hard water...our local water coop, aqua water, supplies out of wells drilled into the Wilcox-Carrizo aquifer. While the water is clean, it is hard enough to warrant a water softener.
The use of the softener will not only prevent mineral buildup in the pipes, but prevent the same mineral damage in various appliances that use water: ice makers, coffee makers, dishwashers, washing machines, toilets, etc.
Here is the usgs.gov "water Hardness" Map
How do I obtain a gate remote opener?
Gate remote openers are available through the Arbors maintenance committee at a cost of $20 each.
The Arbors will require identification to verify that you are a current property owner.
Please make a request on TownSq app or here.
Please Make your check payable to: The Arbors Improvement Association.
(Note: property owners are responsible for providing/replacing their own gate remote batteries)
What kind of septic system do I need?
There are two basic types of septic systems — Conventional (standard) and Alternative.
Site and soil conditions generally determine the type of system that should be installed.
Most Arbors properties have deep sand conditions. However, there are some ribbons of clay to be found running throughout this subdivision. Your builder's septic subcontractor will dig a test pit to determine the best type of system to install on your property.
Those Lots which have adequate sand depths can accommodate the standard panel type; lots which have clay barriers will likely need an alternative system such as an Aerobic system. (Note: Aerobic systems must meet certain county requirements)
What are the State/County requirements for an aerobic treatment septic system?
Bastrop county sets no rules on what type of septic system must be installed. (This decision is one the owner/builder must make as a function of the type of soil in which the system must be installed.)
Bastrop county does track the installation and maintenance of all aerobic sewage treatment systems and must follow the guidelines set forth by the Texas Commission on Environmental Quality.
The State/County has set rules for the installation and operation of the aerobic style system:
the original installation must be done by a licensed and registered installer and the system must be inspected and maintained on a regular basis (four times a year) by a licensed and registered septic system inspector.
It is the homeowners responsibility to hire this inspector and it is the responsibility of the inspector to send reports to Bastrop County Sanitation on your behalf that your system has been inspected and is in good working order.
Bastrop County has stiff fines ($250-500 per day) for systems that are reported as malfunctioning; Usually it's a neighbor that complains about the odor...
If you have any questions or complaints call Bastrop County Sanitation at 512-332-7276.
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NOTE: Most Arbors lots are large and have a sandy base. On those lots an Aerobic system is not needed, and a standard system utilizing a septic field can be used.
To learn more about aerobic systems click here.
What are the rules concerning the installation of a satellite dish?
Article 11 of the Arbors CC&R's (Sections I & II) document a restriction against the use of satellite dishes.
However, an FCC rule (47 C.F.R. Section 1.4000) has been in effect since October 1996 prohibiting restrictions that impair the installation, maintenance, or use of antennas used to receive video programming.
The FCC rule applies to video antennas, including direct-to-home satellite dishes, that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas.
The FCC rule prohibits most restrictions that:
(1) unreasonably delay or prevent installation, maintenance or use;
(2) unreasonably increase the cost of installation, maintenance or use; or
(3) preclude reception of an acceptable quality signal.
If these prohibitions do not apply then the AIA will require that the satellite dish be placed in the backyard, or in such a location as to be out of sight from the street.
See http://www.fcc.gov/mb/facts/otard.html for more information.
I would like to burn outdoors on my property - what should I know?
First: The Arbors falls under all Bastrop County rules including the county Burn Ban status.
However, because of the fire danger to neighbors, this subdivision has a policy of NO "clear" burning on any lot regardless of the County Burn Ban status.
The board has clarified "clear burning" as the wholesale burning of groundcover on a lot, or any debris resulting from the clearing of a lot prior to building a home, or improvement to an existing home.
The burning rules outlined on the Builders Information page also apply to existing homeowners, IE:
D. FIRES: No unattended burning allowed! Unattended burning on any lot will result in a fine for the lot owner.
Second: Bastrop County Emergency Management Dept. information on outdoor burning, including the Burn Ban Status can be found by clicking HERE.
I have a drainage ditch on my lot. I've never seen any water in it, so why can't I fill it in?
The Arbors of Dogwood Creek is a master planned subdivision, literally carved out of virgin land never before developed. The drainage part of the plan was professionally engineered to service our community and properties surrounding the Arbors. (IE, the oversized culvert on Kingwood Dr was designed to allow for a controlled overflow from the large stock pond on property that borders, but is outside the north perimeter of the Arbors.)
The master Plat registered with Bastrop County clearly outlines drainage easements, upon which structures (and anything that impedes water flow) are prohibited.
In addition, the Texas State Water Administration law (under Title 2, Sub.B, Chap. 11, Subchapter C) addresses "Unlawful use, diversion, waste etc." and outlines the consequences of compromising the drainage design.
I have a firearm and since we are in the county, can I fire it?
The discharge of firearms is hereby prohibited in Bastrop County on lots that are less than ten (10) acres and are located in the unincorporated area of the County in a subdivision. (Bastrop County Ordinance 2025-05; Texas Local Government Code 235.022). See the order here for provisions and exceptions.
Can my dog run loose or do i require to have in a fence and leashed when not fenced?
Dogs are prohibited to be running or being "at large" by county ordinance. For more information see the County Order for Rabies and Animal Control here.
What do I do in case of finding injured or orphaned wildlife? Austin Wildlife Rescue rehabilitates and releases orphaned, injured, and sick wild animals and educates the public to coexist with wildlife. Their website is here.
I have an US flag and wonder what the etiquette is for flying it? Suggest visiting this site.
What is the history of the Arbors? Why the gates? Why are the roads not maintained by the county? Were we ever part of Camp Swift? Should I worry about unexploded ordinance from target practice back in the 1940's?
To answer these questions, we have supplied a history of the Arbors written back in 2012 and updated some.
The Arbors at Dogwood Creek is 25 years old this July 2022, Section 1 plat having been filed on July 21, 1997. There have been a lot of changes since then, not the least of which is that what was once deemed “un-useable” land is now a “Premier Subdivision”!
Some of the original property buyers still live here, but with the passing of the years many of the properties have changed hands, and the history of our community is fast fading into the past. So with input from the Bastrop County engineer who helped design the roads and drainage for the developer, Sabine Investments, here is a bit of a recap for the history buffs.
The property which defines the Arbors was once part of a much larger parcel belonging to Camp Swift. The Camp at one time encompassed some 52,000 acres and was used from 1942 to 1946 for infantry training and prisoner of war internment. In 1947 however, the Army declared Camp Swift as surplus to the War Assets Administration and over the years that followed, portions of the Camp property were conveyed back to public and private owners. Today Camp Swift occupies approximately 12,000 acres, with over 40,000 of the original acres in the hands of some 2000 public and private owners.
One of the owners of a former Camp Swift land parcel was Elgin’s Dildy family. In fact, our late County Commissioner, Lee Dildy and his brother occupied a farm house on that parcel for a number of years. (That farm house, remodeled and updated, is located at 139 Spanish Oak Tr.)
In the mid 1990’s, Sabine Investments purchased 500 acres of land from the Dildy family; an area that was so heavily wooded that it was considered un-useable for ranching or farming. The news that Sabine planned to develop a subdivision on that property reportedly created a stir in the Elgin area. Long time area residents had seen how agonizingly slow lot sales had been in Cedar Hills, a smaller subdivision across Hwy 95 from the Arbors. Most pronounced that Sabine would fail to sell little or any property at the prices they were asking.
But Sabine had a vision, and it encompassed more than just clearing, cutting roads, and selling lots. The subdivision was to be first class, with wide, well engineered roads and underground utilities. And while Sabine had a successful track record with other developments, this was the first to be built in an essentially unsupported area; that is, unlike other Sabine developments , this one had no other subdivisions around it for support or comparables.
With the Arbors at Dogwood Creek, Sabine essentially created a market for their product, using potential buyers to guide them to profitable sales. Section 1 properties were originally divided to offer “country-style lots” of several acres, along with a few smaller one acre lots. However, Sabine soon discovered that while city folk might crave ranchettes, when faced with the reality of actually maintaining several acres, they usually turned back to the smaller, more manageable (and cheaper) one acre lots.
As part of their marketing plan, Sabine agents selectively sold lots, holding many back while testing the market for the optimum sale. In addition, some lots were sold at discount to potential builders...who were then advertised as “Approved Builders” to encourage property owners to build with confidence.
In addition to supplying builder credentials, the developer also offered attractive terms: IE, 10% down, with a 10% rate on 3-5 year loans, amortized over 25 years to keep monthly payments low. A balloon payment would be due in the last month. Many buyers purchased lots in hopes of seeing values rise and thus achieve a profitable sale before the balloon note came due. Predictably, year 3 and 5 on any sale saw many properties change hands.
In 1997, Sabine opened Section 2, but not until huge changes were made to the original concept. According to the County engineer, the drainage plans were more complicated in Section 2 with the existence of several natural ditches that had to be incorporated into the plat plan. And all plans had to comply with the Texas State law concerning compromising an area’s natural drainage. IE, the large drainage culvert on Kingwood Dr, though visibly over-sized, was required to accommodate a possible overflow from a stock tank located north, outside the Arbors. Every design had to direct drainage under or around the roadbed, with adequate drainage areas on either side of the pavement.
Some lots had to be redesigned to allow for at least a reasonable building area. Because of lessons learned from Section 1 sales, the original Section 2 layout was redesigned to provide the development of smaller lots. IE, originally Section 2 did not have any of the current small cul-de-sacs (Sycamore Trail, Ironwood Cove, Whispering Cove, Pine Point Cove). In contrast, several lots along Maple Leaf Tr were originally long and narrow; by combining some of these, the current 5 acre lots were created.
During the years that Sabine controlled the administration of the Arbors, the issue of entry gates was raised. The subdivision had not been conceived as a “gated” community, but it soon became evident to Sabine sales department that they could easily create such a market, as it was a concept that was beginning to be more and more in demand. In addition, stats showed that gated properties were valued higher than non-gated ones. In November of 1998 gates were installed at the entrances of the subdivision. Property owners were given the access code or a remote control and encouraged to keep these private.
But this caused an immediate problem. Sabine’s original plan had been to eventually turn ownership of the roads and easements (and thus their maintenance responsibility) over to Bastrop County. But they were quickly informed that State law did not allow public monies to be used for maintaining private roads. And according to the county commissioner, the gates could not only be not closed at any time, they would have to be removed entirely. Thus a decision had to be made.
In May 1999, all property owners received a letter from Sabine outlining the dilemma: Sabine built the gates in order to limit general access…but in doing so, violated the requirements for a public, county maintained road. The letter notified all property owners of record that the gates would remain for now, but when the homeowners association was formed, property owners would have to make a decision on whether to turn the roads over to the County, remove the gates to create public access to the subdivision…or keep the gates, establish the roads as private, and take on the responsibility for road/easement maintenance. Sabine asked for owner responses; the sales agent indicated at a later meeting that the majority of the responses were “for” keeping the gates. (no official count was publicized for verification)
Then another issue surfaced. In February 2001, property owners were informed by letter from the Department of the Army that the Corps of Engineers was seeking a right of entry for access to land which records showed had once been utilized as a training installation by Camp Swift. The Corps sought to discover and retrieve any old ordinance, scrap or unexploded, that might still be on the property as a result of those training exercises in the 1940’s. This took many property owners by surprised as Sabine had already done due-diligence as required by lenders; records show an archeology investigation had revealed nothing, not even a shell casing.
There were only a few lots, all in the far north corner of the Arbors that had been within range of any live fire from the training fields. The Corps however, did their survey but were unable to find anything of significance…only a few unidentifiable pieces of old metal scrap. The case was finally closed.
By mid 2001, Sabine had sold 75% of the 260 building lots, a number that as per the registered Deed Restrictions (CC&R’s) required the developer to turn the administration of the subdivision over to a home owners association. On November 1, 2001 a Transitional Team consisting of resident volunteers was formed and a meeting held with the then Sabine CEO, Steve Mills, to discuss the formation of the Arbors Improvement Association (AIA).
August 2, 2002, was the first official (Annual) meeting of the AIA. As per the By-Laws put in place by Sabine, three Board members were elected and approximately $9000.00 was turned over to the newly Board appointed property management company (Pioneer Property Mgmt) for the Arbors account. Minutes of the Transitional meeting and the official “turn-over” meeting in August, 2002, can be found on the Arbors web site.
During the year that followed, the AIA Board added several important amendments to the By-Laws (primarily legal enhancements) and enacted several policies on the recommendation of the new Architectural Control Committee. Sabine had unfortunately been lax in enforcing the CC&R’s in the last few years before turning the Arbors over to the AIA. Among several violations, the AIA inherited the problem of an abandoned slab which stood empty on a lot for years, though the CC&R’s clearly states “All residences must be completed within one year from start of construction.” The lot sold after many years and with the building of a house on the empty slab, the CC&R violation was finally resolved.
Other obvious violations also occurred that were not so easily resolved: Section 1 CC&R’s, specified properties along Dogwood and Spanish Oak to install white railfencing, a requirement that had not been evenly enforced. Subsequent Architectural Committees have remediated as many of the older violations as reasonably possible, but some simply had to be grandfathered.
At the August 2003 Annual Meeting the Gates issue was finally resolved: a ballot was put forth to the 119 members present concerning the matter. The issue was debated by several residents and it was clearly explained to all present that maintaining both gates & roads would require funds be allocated for that purpose and could possibly require an increase in dues or assessment in the future. The ballot was distributed indicating to vote for or against keeping the neighborhood a gated community. Votes were tabulated by Pioneer Mgmt employees and result was that the majority, by almost 2 to 1, favored keeping the gates and roads private.
In 2025, we transitioned to a new management team, Goodwin & Company. Soon afterwards, we did a major resealing of the majority of the roads in the Arbors to help prolong the life of the road system which we as a community own.
Over the years the Arbors has earned a reputation as a first-class community, a desirable place to build a home, and a subdivision that rigorously enforces it’s deed restrictions. So far, it is still the only such community in the Elgin area, in a large part due to residents who willingly volunteer their time to create and maintain a "Piece of Heaven" in the country!