Westcreek Neighborhood Association

Homes in in our neighborhood are subject to restrictive convenants and deed restrictions established by Provident Development, developer of the Westcreek subdivision. The deed restrictions should have been provided by your title company when you purchased your home.

Although the restictions may vary slightly from one area of Westcreek to another, here are the basic restrictions for Westcreek established in the covenants on file with the Travis County Clerk:

• No truck, bus or trailer shall be left parked in the street in front of any lot except for construction and repair equipment while a residence is being repaired.
• No truck, bus, boat or trailer shall be parked on the driveway or any portion of the lot in such manner to be visible from the street.
• No junk vehicle, racing motor vehicle or any motor vehicle without a current license tag is permitted.
• All fences shall be constructed of wood and/or masonery.
• No buildings exceeding eight feet in height or in excess of eight feet wide and ten feet in length shall be permitted without the express written consent of the Westcreek Neighborhood Association Executive Committee.
• No noxious or offensive activities which may become an annoyance to the neighborhood shall be permitted.

The Westcreek Neighborhood Association has adopted a policy of enforcement of these restrictions by seeking vigorous enforcement of city zoning, health and police codes in our subdivision. Violations may be reported by calling 3-1-1 or by sending an email to the appropriate address. The most common code violations and email addresses may be obtained at Solid Waste Services.

The following are city restrictions on accessory uses of residences:

• Not more than one motor vehicle for each licensed driver residing on the premises may be stored on the premises.
• No more than one commercial vehicle may be stored on the premises.
• There are restrictions on “home occupation,” defined as a commercial use that is accessory to a residential use. Some of these include:
  • A home occupation must be conducted entirely within the dwelling unit or one accessory garage.
  • The residential character of the lot and dwelling must be maintained.
  • A home occupation may not generate more than three vehicle trips each day of customer-related vehicular traffic.
  • Equipment or materials associated with the home occupation must not be visible from locations on premises.
  • Parking a commercial vehicle on the premises or on a street adjacent to residentially zoned property is prohibited.
  • Advertising a home occupation by a sign on the premises is prohibited.
  • Advertising the street address of a home occupation through signs, billboards, television, radio or newspapers is prohibited.
• Except for an antique vehicle or recreational vehicle, a motor vehicle with a capacity of one ton or greater is prohibited.
• Residents may store up to two antique vehicles, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats and boat trailers only if the storage area is not a health hazard and is either an enclosed building or screened from public view with a solid wood or masonry fence at least six feet high. Under the city zoning code, these vehicles cannot be stored in driveways.
• An inoperable motor vehicle may not be stored on an adjacent public right of way. A motor vehicle is inoperable if, for more than 72 hours, the vehicle:
  • Does not have license plates or has license plates that have been expired more than 90 days;
  • Does not have a motor vehicle safety inspection sticker or has a motor vehicle inspection safety sticker that has been expired for more than 90 days; or
  • Cannot be started or legally operated in the public right-of-way.

This prohibition does not apply to an antique or recreational vehicle stored at an owner’s residence; or a vehicle under repair for less than 60 days, if not more than one other vehicle is also under repair.

In addition to the above prohibitions on uses of residences, there are other code restrictions that apply to subdivisions:

• Grass/weeds above 18 inches in height on a lot is not permitted.
• Health hazards are banned.
• It is illegal to place signs in the public right-of-way. That includes signs on utility poles and signs placed between the curb and sidewalk. Violators could face fines up to $2,000 per sign.
• Garage sales are limited to “one or two” within a 12-month period.
• Noise cannot exceed 70+ decibels.

Additional information on these city codes may be obtained from the City of Austin. The code is available on the City’s website, http://www.ci.austin.tx.us/

Accessory uses are addressed in section 25-2-893 of the code. Definitions may be found in 25-1-21. Limitations on the commercial use of residential property (home occupations) are contained in 25-2-900.

It is important that all residents and homeowners comply with city codes. Experts say property values can fall as much as 40% without compliance.