Second Amended and Restated Covenants

ZHA Members will be receiving a copy of the Second Amended and Restated Covenants in the mail within a week, along with a ballot to vote on adopting the proposed amended covenants.

Click HERE to open or download the final Second Amended and Restated Declaration of Protective Covenants of the Zapata Subdivision:  A Planned Community.  These covenants include recommendations from ZHA members and have been reviewed by our ZHA attorney.  The submitted questions and comments from ZHA members along with the responses from the Governance Committee are posted on the Zapata Web page under the previous news posting, Comments/Response.  (Names and addresses were removed for privacy.)  We would like to thank those members that took the time to send in their ideas and suggestions.  Their participation was very helpful in this huge project.

To review, here are the reasons for the ZHA Covenants rewrite:

There are two sets of Covenants (1975 and 1981) that regulate the Zapata Subdivision.  Over the years, the ZHA has been given varying legal opinions on how these covenants should be applied to the property owners.  To mitigate risk of lawsuits against the ZHA, one set of Covenants should be developed to replace both the 1975 and 1981 Covenants. 

  1. Current Covenants refer to infrastructure that never was and never will be implemented in the Zapata Subdivision.  The Covenants also do not accurately reflect the water rights of the ZHA.  Examples include:
    1. RV Lots
    2. Servants’ quarters
    3. Water/sewage system
    4. Prohibition of trailers
  2. The 1975 and 1981 Covenants are not consistent with each other. 
  3. Current Covenants are not aligned with county zoning ordinances, state statutes, and federal regulations and laws.

To adopt the Second Amended and Restated Declaration of Protective Covenants requires a majority vote of the membership based on the assessmentsIn the past, it has been extremely hard to get enough ZHA members to respond to the adoption of revised covenants.


In the packet you'll receive next week, a ballot is enclosed with a return envelope.  An accounting firm has been hired to tabulate the votes and the envelope will be prepaid and postmarked to their address.

Thank you for taking the time to read through the Second Amended and Restated Covenants and for participating in this vote.