Covenants
Covenants and Declarations
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration, shall
have the following meanings:
SECTION 1.
“Assessment” shall mean the General Assessments, Neighborhood
Assessments, special assessments, and/or any other amounts or sums due by any
Owner to the Association pursuant to the provisions of this Declaration, or any
combination thereof, levied by the Association for purposes of obtaining funds
to pay Association Expenses as provided herein.
SECTION 2.
“Association” shall mean and refer to Park Pointe Homeowners
Association, Inc., a Texas non-profit corporation, its successors and assigns.
SECTION 3.
“Association Expenses” shall mean and include the actual and
estimated expenses of operating the Association, both actual and estimated
expenses of operating the Association, both for general and Neighborhood
purposes, including any reasonable reserve, all as may be found to be necessary
and appropriate by the Board of Directors of the Association pursuant to this
Declaration and the Association’s By-Laws and Articles of Incorporation.
SECTION 4.
“Board of Directors” or “Board” shall mean the governing body of
the Association.
SECTION 5.
“Builder” shall mean and refer to any person or entity undertaking
the construction of a residence on a Lot.
SECTION 6.
“Common Area” shall mean and refer to any properties, real or
personal, owned by the Association for the common use and enjoyment of Members
(hereinafter defined) of the Association.
SECTION 7.
“Corner Lot” shall mean and refer to a Lot which abuts on more than
one street.
SECTION 8.
“Declarant” shall mean and refer to Old Voss Road Partners, Ltd., a
Texas limited partnership, its successors or assigns.
SECTION 9.
“General Assessments” shall mean assessments levied for Association
Expenses determined by the Board of Directors to benefit all Owners within the
Properties.
SECTION 10.
“Lot” shall mean and refer to any of the numbered lots shown on a
Subdivision Plat intended for the construction of a residence, excluding all
reserve tracts shown on the Subdivision Plats, but including Lots hereafter
created by a replat of any reserve tracts.
SECTION 11.
“Member” shall refer to every person or entity which holds a
membership in the Association, and shall include as provided herein.
SECTION 12.
“Modifications Committee” shall mean and refer to the committee
created by the Board of Directors of the Association to exercise exclusive
jurisdiction over the modifications, additions, or alterations made on or to
existing Residences as provided herein.
SECTION 13.
“Neighborhood” shall mean and refer to a portion of the Properties
designated as such in a Supplemental Declaration.
SECTION 14.
“Neighborhood Assessments” shall mean assessments for Association
Expenses provided for herein or by a Supplemental Declaration which are incurred
for the purposes of promoting the recreation, health, safety, welfare, common
benefit, and enjoyment of only the Owners of the property within a Neighborhood
against which the specific Neighborhood Assessment is levied and of maintaining
the properties within a given Neighborhood, all as may be specifically
authorized from time to time by the Board of Directors.
SECTION 15.
“New Construction Committee” or “NCC” shall mean and refer to the
committee created to exercise exclusive jurisdiction over all original
construction of Residences on the Lots within the Properties as provided herein.
SECTION 16.
“Owner” shall mean and refer to the record owner, whether one or more
persons or entities, of the fee simple title to any Lot, including contract
sellers, but excluding those having an interest merely as security for the
performance of an obligation or those owning an easement right, a mineral
interest, or a royalty interest.
SECTION 17.
“Properties” shall mean and refer to the real property within the
jurisdiction of the Association including the Property and any additional
property hereafter added to the jurisdiction of the Association as provided
herein.
SECTION 18.
“Residence” shall mean a structure situated upon a portion of the
Properties intended for any type of independent use and occupancy as a residence
or dwelling by a single family.
SECTION 19.
“Single Family” shall mean and refer to any number of persons related
by blood, adoption, or marriage living with not more than one (1) person who is
not so related as a single household unit, and no more than two (2) persons who
are not so related living together as a single household unit, and the household
employees of either such household unit.
SECTION 20.
“Street” shall refer to any street, drive, boulevard, road, alley,
lane, avenue, or thoroughfare as shown on the Subdivision Plats.
SECTION 21.
“Subdivision” shall mean and refer to a subdivision of land within
the Properties created by the filing of a map or plat thereof in the Map Records
of Fort Bend County, Texas.
SECTION 22.
“Subdivision Plat” shall mean and refer to the recorded map, plat or
any replat of a Subdivision.
SECTION 23.
“Supplemental Declaration” shall refer to (i) an amendment to this
Declaration subjecting additional property to this Declaration, (ii) a separate
declaration imposed against property added to the jurisdiction of the
Association and (iii) to an instrument hereafter executed by the Declarant or
other Owner or Owners of the affected property which imposes additional
restrictions on all or part of the Properties which may be enforced by the
Association.
SECTION 24.
“Tract” shall mean and
refer to any tract of land within the Properties other than Common Area and
Lots, whether platted or unplatted.
ARTICLE II
ARCHITECTURAL CONTROLS FOR LOTS
SECTION 1.
PURPOSE. In
order to preserve the natural setting and beauty of the Properties, to establish
and preserve a harmonious and aesthetically pleasing design for the Park Pointe
project and to protect and promote the value of the Lots, the Residences, ad all
other improvements located on the Lots, the Property shall be subject to the
restrictions set forth in this Article. Every
grantee of any interest in a Lot by acceptance of a deed or other conveyance of
such interest, agrees to be bound by the provisions of this Article.
SECTION 2.
NEW CONSTRUCTION COMMITTEE.
There is hereby established a New Construction Committee (sometimes
hereinafter called the “NCC”), which shall have exclusive jurisdiction over
all original construction on the Lots. The
NCC shall prepare and promulgate design guidelines and application procedures
and amend the standards and procedures. It
shall make both available to Owners, Builders, and developers who seek to engage
in development of or construction upon all or any portion of the Lots and who
shall conduct their operations strictly in accordance therewith.
The Declarant retains the right to appoint or remove all members of the
NCC, which shall consist of at least three (3), but no more than five (5)
persons. There shall be no
surrender of this right, except that the Declarant may assign its right to
appoint the members of the NCC to the Association’s Board of Directors by a
written instrument executed by Declarant and recorded in the real property
records of Fort Bend County, Texas. The NCC is authorized, but not obligated, to retain the
services of consulting architects, landscape architects, urban designers,
engineers, inspectors, and/or attorneys in order to advise and assist the NCC in
performing its functions set forth herein.
The NCC shall promulgate detailed standards and procedures
governing its area of responsibility and practice. In addition thereto, the following shall apply:
plans and specifications showing the nature, kind, shape, color, size,
materials, and location of original construction, shall be submitted to the NCC
for approval as to quality of workmanship and design and harmony of external
design with existing structures, and as to location in relation to surrounding
structures, topography, and finish grade elevation.
SECTION 3.
MODIFICATIONS COMMITTEE.
There is also hereby established a Modifications Committee (hereinafter
sometimes called the “MC”) which shall consist of three (3) members, all of
whom shall be appointed by the Board of Directors (the NCC and the MC are
sometimes hereinafter collectively referred to as the “Architectural
Committees” and individually as an “Architectural Committee”).
Within four (4) years from the date of this Declaration, one member of
the MC will be the Owner of a Residence; within five (5) years from the date of
this Declaration, two (2) members of the MC will be Owners of a Residence; and
within six (6) years from the date of this Declaration, three (3) members of the
MC will be Owners of a Residence. The
MC shall have exclusive jurisdiction over modifications, additions, or
alterations made on or to Residences and the Lots appurtenant thereto; provided,
however, the MC may delegate this authority to the Board or other committee of
the Association so long as the MC has determined that such Board or committee
has in force review and enforcement practices, procedures and appropriate
standards at least equal to those of the MC.
Such delegation may be revoked and jurisdiction resumed at any time by
written notice.
The MC shall promulgate detailed standards and procedures
governing its area of responsibility and practice. In addition thereto, the following shall apply: plans and
specifications showing the nature, kind, shape, color, size, materials, and
location of such modifications, additions, or alterations, shall be submitted to
the MC for approval as to quality of workmanship and design and harmony of
external design with existing structures, topography and finish grade elevation.
SECTION 4.
ARCHITECTURAL APPROVAL.
To preserve the architectural and aesthetic appearance of the Park Pointe
project, no construction of improvements, or modifications, additions, or
alterations to existing improvements, shall be commenced or maintained by any
Owner with respect to any of the Lots, including, without limitation, the
construction or installation of sidewalks, driveways, mail boxes, decks, patios,
courtyards, swimming pools, tennis courts, greenhouses, playhouses, awnings,
walls, fences, exterior lights, garages, guest or servants’ quarters, or other
outbuildings, nor shall any exterior addition to or change or alteration therein
be made (including, without limitation, painting or staining of any exterior
surface), unless and until two (2) copies of the plans and specifications and
related data (including, if required by the NCC or the MC, as applicable, a
survey showing the location of trees of six (6) inches in diameter at a height
of four (4) feet above ground and other significant vegetation on such Lot)
showing the nature, color, type, shape, height, materials, and location of the
same shall have been submitted to and approved in writing by the appropriate
Architectural Committee as to the compliance of such plans and specifications
with such design guidelines (the “Design Guidelines”) as may be published by
the Architectural Committees from time to time including the harmony of external
design, location, and appearance in relation to surrounding structures and
topography. One copy of such plans,
specifications, and related data so submitted shall be retained in the records
of the appropriate Architectural Committee, and the other copy shall be returned
to the Owner marked “approved,” “approved with conditions as noted,” or
“disapproved.” The
Architectural Committees may establish a reasonable fee sufficient to cover the
expense of reviewing plans and related data and to compensate any consulting
architects, landscape architects, urban designers, inspectors, or attorneys
retained in accordance with the terms hereof.
Notwithstanding the foregoing, no permission or approval shall be
required to paint in accordance with an originally-approved color scheme, or to
rebuild in accordance with originally-approved plans and specifications.
Nothing contained herein shall be construed to limit the right of an
Owner to remodel the interior of his Residence, or to paint the interior of his
residence any color desired. The
Architectural Committees shall have the sole discretion to determine whether
plans and specifications submitted for approval are acceptable to the
Association.
Following approval of any plans and specifications by the
appropriate Architectural Committee, representatives of the appropriate
Architectural Committee shall have the right, but not the obligation during
reasonable hours to enter upon and inspect any Lot with respect to which
construction is underway to determine whether or not the plans and
specifications therefore have been approved and are being complied with.
In the event the appropriate Architectural Committee shall determine that
such plans and specifications have not been approved or are not being complied
with, the appropriate Architectural Committee shall be entitled to enjoin
further construction and to require the removal or correction of any work in
place which does not comply with approved plans and specifications.
In the event the appropriate Architectural Committee fails to approve or
disapprove in writing any proposed plans and specifications within sixty (60)
days after such plans and specifications shall have been submitted, such plans
and specifications will be deemed to have been expressly approved, provided the
proposed improvements do not conflict with any specific provisions of this
Declaration. Upon approval of plans
and specifications, no further approval under this Article shall be required
with respect thereto, unless such construction has not substantially commenced
within six (6) months of the approval of such plans and specifications (e.g
clearing and grading, pouring of footings, etc.) or unless such plans and
specifications are materially altered or changed. Disapproval of plans and specifications may be based by the
Architectural Committees upon any ground which is consistent with the objects
and purposes of this Declaration as defined in the Design Guidelines which shall
be promulgated by the Architectural Committees from time to time, including
purely aesthetic considerations, so long as such grounds are not arbitrary or
capricious.
SECTION 5.
LANDSCAPE APPROVAL.
To preserve the aesthetic appearance of the Park Pointe project, no
landscaping, grading, excavation, or filling of any nature whatsoever shall be
implemented and installed on a Lot by any Owner unless and until the plans
therefore have been submitted to and approved in writing by the appropriate
Architectural Committee. The
provisions of Section 4 hereof regarding time for approval of plans, right to
inspect, right to enjoin and/or require removal, and so forth shall also be
applicable to any proposed landscaping, clearing, grading, excavation, or
filling. Weather permitting, each
Resident shall be fully landscaped within the earlier of ninety (90) days from
the date the Residence is completed or one hundred eighty (180) days from
commencement of construction of the Residence.
SECTION 6.
APPROVAL NOT A GUARANTEE.
No approval of plans and specifications and no publication of Design
Guidelines shall be construed as representing or implying that such plans,
specifications, or Design Guidelines will, if followed, result in properly
designed improvements. Such
approvals and Design Guidelines shall in no event be construed as representing
or guaranteeing that any Residence or other improvement built in accordance
therewith will be built in a good and workmanlike manner.
Neither Declarant, the Association, nor the Architectural Committees
shall be responsible or liable for any defects in any plans or specifications
submitted, revised, or approved pursuant to the terms of this Article, any loss
or damages to any person arising out of the approval or disapproval of any plans
or specifications, any loss or damage arising from the noncompliance of such
plans and specifications with any governmental ordinances and regulations, or
any defects in construction undertaken pursuant to such plans and
specifications. The purpose of such
review primarily seeks to conform the aesthetic appearances of development
within the Properties.
SECTION 7.
CONSTRUCTION OR MODIFICATION OF IMPROVEMENTS ON TRACTS. The provisions of this Article requiring
approval by the applicable Architectural Committee of the plans for the
construction or modification of improvements on the Lots shall not apply to any
Tracts in the Property.
ARTICLE III
PARK POINTE HOMEOWNERS ASSOCIATION, INC.
SECTION 1.
ORGANIZATION.
Declarant has caused the Association to be organized and formed as a
non-profit corporation under the laws of the State of Texas.
The principle purposes of the Association are the collection,
expenditure, and management of the maintenance funds, enforcement of the
restrictions contained herein, providing for the maintenance, preservation and
architectural control of the Lots, the general overall supervision of all of the
affairs of and the promotion of the health, safety, and welfare of the residents
within the Properties.
SECTION 2.
BOARD OF DIRECTORS.
The Association shall act through a Board of three (3) Directors, which
shall manage the affairs of the Association as specified in the By-Laws of the
Association. The number of
Directors may be changed by amendment of the By-Laws of the Association.
SECTION 3.
MEMBERSHIP. Every
Owner shall be a member of the Association.
Membership shall be appurtenant to and may not be separated from
ownership of any property which is subject to assessment by the Association.
SECTION 4.
VOTING. The
Association shall initially have two classes of voting membership:
(a)
CLASS A. Class
A members shall be all Owners with the exception of the Declarant and shall be
entitled to one vote for each Lot owned. When
more than one person holds an interest in any Lot, all of such persons shall be
members. The vote for such Lot
shall be exercised as they among themselves determine, but in no event shall
more than one vote be cast with respect to any Lot.
(b)
CLASS B. Class
B members shall be the Declarant and shall be entitled to nine (9) votes for
each Lot owned.
The Class B membership shall cease and be converted to
Class A membership on the happening of the earlier of the following events: (i)
when the total votes in the Class A membership equal the total votes in the
Class B membership, or (ii) on December 31, 2010.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
SECTION 1.
CREATION OF THE LIEN AND PERSONAL OBLIGATION FOR ASSESSMENTS.
The Declarant, for each Lot within the Property, hereby covenants and
each Owner of any Lot, by acceptance of a deed therefore, whether or not it
shall be expressed in the deed or other evidence of the conveyance, is deemed to
covenant and agree to pay the Association (a) General Assessments; (b)
Neighborhood Assessments, if applicable, and (c) special assessments for capital
improvements, such assessments or charges to be fixed, established and collected
as hereinafter provided. These
assessments and charges, together with interest thereon as hereinafter provided,
costs of collection, and reasonable attorney’s fees shall be a charge on the
land and shall be secured by a continuing lien upon the property against which
such assessments or charges are made. Each
such assessment or charge, together with such interest, costs of collection, and
reasonable attorney’s fees shall also be and remain the personal obligation of
the Owner of the particular Lot at the time the assessment or charge fell due
notwithstanding any subsequent transfer of title of such property. The personal obligation for delinquent assessments and
charges shall not pass to successors in title unless expressly assumed by them.
However, successors in title shall nonetheless acquire title to the land
subject to the lien securing the assessments and charges.
SECTION 2.
METHOD OF ASSESSMENTS.
(a)
General Assessments shall be levied for Association Expenses which are
determined by the Board to benefit all Members.
Such expenses benefiting all Members shall be all Association Expenses
except for the expenses which are determined by the Board to benefit a
particular Neighborhood or Neighborhoods. The
good faith determination by the Board of which Association Expenses constitute
particular Neighborhood Expenses shall be final.
General Assessments shall be allocated equally among each Lot in the
Properties.
(b)
Neighborhood Assessments shall be levied against land in a particular
Neighborhood where the Board of Directors has determined that certain
Association Expenses benefit only that Neighborhood.
Upon written request by the Owners of seventy-five percent (75%) or more
of the property within a Neighborhood, the Board of Directors shall initiate a
service benefiting only that particular Neighborhood which shall be paid for by
a Neighborhood Assessment or the Board shall discontinue a service previously
provided to a Neighborhood. Association
Expenses benefiting only a particular Neighborhood may include, without
limitation, Association Expenses incurred for maintenance and repair of the
following items and provision of the following services within a particular
Neighborhood: private streets, trash and garbage services or door services as
opposed to curb side service, lighting, mailboxes, security services and
security patrols, and operation and maintenance of landscaping, fountains and
signage within the particular Neighborhood.
The Neighborhood Assessment applicable to any particular Neighborhood
shall be allocated equally among each Lot in the Neighborhood.
SECTION 3.
PURPOSE OF ASSESSMENTS.
The assessments levied by the Association shall be used exclusively for
the purpose of promoting the recreation, health, safety and welfare of the
residents in the Properties and for the improvement and maintenance of the
Common Area. Without limiting the
foregoing, the total assessments accumulated by the Association, insofar as the
same may be sufficient, shall be applied toward the payment of all taxes,
insurance premiums and repair, maintenance and acquisition expenses incurred by
the Association and, at the option of the Board of Directors of the Association,
for any and all of the following purposes:
lighting, improving and maintaining streets, alleyways, sidewalks, paths,
parks, parkways, easement, reserves, and esplanades in the Properties;
collecting and disposing of garbage, ashes, rubbish and materials of a similar
nature; payment of legal and all other expenses incurred in connection with the
collection, enforcement and administration of all assessments and charges and in
connection with the enforcement of this Declaration; employing policemen or
watchmen and/or a security service; fogging and furnishing other general
insecticide services; providing for the planting and upkeep of trees, grass and
shrubbery in esplanades, easements, and in the Common Area; acquiring and
maintaining any amenities or recreational facilities that are or will be
operated in whole or in part for the benefit of the Owners; and doing any other
thing necessary or desirable in the opinion of the Board of Directors of the
Association to keep and maintain the lands within the Properties in neat and
good order, or which they consider of general benefit to the Owners or occupants
of the Properties, including the establishment and maintenance of a reserve for
repair, maintenance, taxes, insurance, and other charges as specified herein.
The judgment of the Board of Directors of the Association in establishing
annual assessments, special assessments and other charges and in the expenditure
of said funds shall be final and conclusive so long as said judgment is
exercised in good faith.
SECTION 4.
MAXIMUM LEVEL OF ANNUAL ASSESSMENTS.
The maximum annual General Assessment for 1996 shall be $350.00 per Lot
(the “Maximum Annual Assessment”). Each
year thereafter the Maximum Annual Assessment may be increased by the Board of
Directors of the Association at its sole discretion, by an amount equal to a
fifteen percent (15%) increase over the Maximum Annual Assessment for the
previous year without a vote of the Members of the Association.
The Maximum Annual Assessment may be increased above fifteen percent
(15%) by a vote of a majority of each class of Members who are voting in person
or by proxy, at a meeting duly called for this purpose.
After consideration of current maintenance costs and future needs of the
Association, the Board of Directors may fix the annual General Assessment at any
amount not in excess of the Maximum Annual Assessment for such year.
Annual General Assessments may be collected on a monthly, quarterly, or
annual basis at the Board’s election.
SECTION 5.
SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS.
In addition to the assessments authorized above, the Association may
levy, in any assessment year, a special assessment applicable to that year only,
for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, or repair or replacement of a capital improvement located upon
the Common Area, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-thirds of the
votes of each class of Members who are voting in person or by proxy at a meeting
duly called for this or other purpose(s). Special assessments may be collected on a monthly or
quarterly basis at the Board’s election.
Special assessments shall be allocated equally among each Lot in the
Properties.
SECTION 6.
NOTICE AND QUORUM.
Written notice of any meeting called for the purpose of taking any action
authorized under this Article shall be sent to all Members not less than 30 days
nor more than 60 days in advance of the meeting.
At the first such meeting called, the presence of Members or of proxies
entitled to cast fifty percent (50%) of all the votes of each class of
membership shall constitute a quorum. If
the required quorum is not present, another meeting may be called subject to the
same notice requirement, and the required quorum at the subsequent meeting shall
be one-half (1/2) of the required quorum at the preceding meetings.
No subsequent meeting shall be held more than 60 days following the
preceding meeting.
SECTION 7.
RATES OF ASSESSMENT.
General, Neighborhood and special assessments on all Lots not owned by
the Declarant, shall be fixed at uniform rates.
Lots owned by the Declarant shall not be subject to any assessments.
The rate of assessment for each Lot shall change as the character of
ownership changes.
SECTION 8.
DATE OF COMMENCEMENT AND DETERMINATION OF ANNUAL ASSESSMENT.
The annual General Assessment provided for herein shall commence on a
date fixed by the Board of Directors of the Association.
If the Board determines to fix a General Assessment for 1996, such
assessment shall be adjusted according to the number of months remaining in the
calendar year and shall be due and payable thirty (30) days after notice of the
assessment is sent to every Owner whose lot is subject to assessment.
On or before the Association shall fix the amount of the annual General
Assessment to be levied in the next calendar year.
Written notice of the figure at which the Board of Directors of the
Association has set the annual General Assessment shall be sent to every Owner
whose Lot is subject to the payment thereof.
Each annual General Assessment shall be due payable in advance on the
first day of January of each calendar year.
The Association shall, upon demand, and for reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid.
A properly executed certificate of the Association as to the status of
assessments on a particular Lot is binding upon the Association as of the date
of its issuance.
SECTION 9.
EFFECT OF NONPAYMENT OF ASSESSMENTS;
REMEDIES OF THE ASSOCIATION.
Any assessments or charges which are not paid when due shall be
delinquent. If an assessment or
charge is not paid within thirty (30) days after due date, it shall bear
interest at a rate established by the Board from time to time not in excess of
the maximum lawful rate from the due date and the Association may bring an
action at law against the Owner personally obligated to pay the same, or to
foreclose the lien herein retained against the property.
Interest as above specified, costs and reasonable attorney’s fees
incurred in any such action shall be added to the amount of such assessment or
charge. Each Owner, by his
acceptance of a deed hereby expressly vests in the Association or its agent, the
right and power to bring all actions against such Owner personally for the
collection of such assessments and charges as a debt and to enforce the lien by
all methods available for the enforcement of such liens, including foreclosure
by an action brought in the name of the Association in a like manner as a
mortgage or deed of trust lien foreclosure on real property, and such Owner
expressly grants to the Association a power of sale and non-judicial foreclosure
in connection with the lien. No
Owner may waive or otherwise escape liability for the assessments provided for
herein by non-use of the Common Area or abandonment of his Lot.
SECTION 10.
SUBORDINATION OF THE LIEN TO MORTGAGES.
As herein above provided, the title to each Lot shall be subject to a
lien securing the payment of all assessments and charges due the Association,
but the lien shall be subordinate to the lien of any first mortgage.
Sale or transfer of any Lot shall not affect the lien in favor of the
Association provided, however, the sale or transfer of any Lot pursuant to
mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien
securing such assessment or charge as to payments which became due prior to such
sale or transfer. No sale or transfer shall relieve such Lot or the Owner
thereof from liability for any charges or assessments thereafter becoming due or
from the lien thereof. In addition
to the automatic subordination provided for hereinabove, the Association, in the
sole discretion of its Board of Directors, may subordinate the lien securing any
assessment provided for herein to any other mortgage lien or encumbrance,
subject to such limitations, if any, as the Board of Directors may determine.
SECTION 11.
EXEMPT PROPERTY.
All properties dedicated to, and accepted by, a local public authority
and all properties owned by a charitable or non-profit organization exempt from
taxation by the laws of the State of Texas shall be exempt from the assessments
and charges created herein. Notwithstanding
the foregoing, no Lot which is used as a Residence shall be exempt from said
assessments and charges.
ARTICLE V
PROPERTY RIGHTS IN THE COMMON AREA
SECTION 1. OWNER’S
EASEMENT FOR ACCESS AND ENJOYMENT. Subject to the provisions herein stated, every Member shall
have an easement of access and a right and easement of enjoyment in the Common
Area, and such right and easement shall be appurtenant to and shall pass with
the title to every Lot, subject to the following rights of the Association:
(a)
The Association shall have the right to charge reasonable admission and
other fees for the use of any recreational facility situated upon the Common
Area.
(b)
The Association shall have the right to borrow money and to mortgage,
pledge, deed in trust, or hypothecate any or all of the Common Area as security
for money borrowed or debts incurred.
(c)
The Association shall have the right to take such steps as are reasonably
necessary to protect the Common Area against foreclosure of any such mortgage.
(d)
The Association shall have the right to suspend the voting rights and
enjoyment of any Member for any period during which any assessment or other
amount owed by such Member to the Association remains unpaid in excess of thirty
(30) days.
(e)
The Association shall have the right to establish reasonable rules and
regulations governing the Members’ use and enjoyment of the Common Area, and
to suspend the enjoyment rights and voting rights of any Member for any period
not to exceed sixty (60) days for any infraction of such rules and regulations.
(f)
Upon approval by two-thirds (2/3rds) of each class of Members, the
Association shall have the right to dedicate, sell or transfer all or any part
of the Common Area to any public agency or authority for such purposes and
subject to such condition as may be approved by said two-thirds (2/3rds) of each
class of Members provided, however, nothing contained herein shall be construed
to limit the right of the Association to grant or dedicate easements in portions
of the Common Area to public or private utility companies.
SECTION 2. DELEGATION
OF USE. Each member shall have
the right to extend his rights and easements of enjoyment to the Common Area to
the members of his family, to his tenants who reside in the Subdivisions, and to
such other persons as may be permitted by the Association.
ARTICLE VI
USE RESTRICTIONS
SECTION 1. RESIDENTIAL
USE OF LOTS. Each and every Lot
is hereby restricted to residential dwellings for Single Family residential use
only. No business, professional,
commercial, or manufacturing use shall be made of any said Lots.
As used herein the terms “business, professional, commercial, or
manufacturing use” shall not include (and the following use is expressly
permitted on the Lots) any use which is incidental to the use of a Residence and
is business, professional, or commercial in nature if such use is not visible
outside the Residence, such use results in no noise or odor being released from
the Residence, such use does not interfere with any other person’s use of
their Residence, and such use does not have any impact on the parking or traffic
on the Street adjacent to the Residence. The
Board of Directors shall have the discretion to determine whether any use is a
“business, professional, commercial, or manufacturing use” hereunder.
No structure other than one Single Family detached residence and its
outbuildings shall be constructed, placed on, or permitted to remain on any Lot
in the Property. As used herein,
the term “residential use” shall be construed to prohibit the use of any Lot
for duplex houses, garage apartments for rental purposes, apartment houses,
half-way houses, treatment facilities, or mobile homes.
SECTION 2. SALES
PROHIBITED. Without limiting
the generality of Article VI, Section 1, retail or wholesale sales of any kind
whatsoever on Lots are specifically prohibited; provided, however that an Owner
of a Lot may hold no more than one sale of used household goods belonging
primarily to such Owner, during each two (2) year period or ownership.
SECTION 3. ANIMALS
AND LIVESTOCK. No animals,
livestock, or poultry of any kind shall be raised, bred, or kept on any Lot.
Consistent with its use as a residence, dogs, cats, or other household
pets may be kept on a Lot to the maximum number permitted by City of Houston
ordinances, provided that they are not kept, bred, or maintained for any
business purposes.
SECTION 4. NUISANCES.
No noxious or offensive trade or activity shall be carried on upon any
Lot nor shall anything be done thereon which may be or become an annoyance or
nuisance to residents of the Properties.
SECTION 5. STORAGE
AND REPAIR OF VEHICLES. Unless
otherwise approved by the Committee, no boat, boat trailer, boat rigging, motor
home, trailer, truck larger than a one-ton pick-up, bus, inoperable automobile
(or other vehicle not moved for more than three (3) consecutive days), or camper
shall be parked or kept in the Street in front of or side of any Lot or on any
Lot unless such vehicle is stored within a garage or otherwise screened from
public view from all Streets; provided, however, boats, boat trailers, boat
riggings, motor homes, trailers, and campers may be temporarily parked in the
Street in front of or side of any Lot or on any Lot for a period not exceeding
forty-eight (48) hours in any thirty day period.
No Owner of any Lot or any visitor or guest of any Owner shall be
permitted to perform work on automobiles or other vehicles in driveways or
Streets other than work of a temporary nature.
For the purposes of the foregoing the term “temporary” shall mean
that the vehicle shall not remain in driveways or Streets in excess of
forty-eight (48) hours.
SECTION 6. PERMITTED
HOURS FOR CONSTRUCTION ACTIVITY. Except in an emergency or when other unusual circumstances
exist or during the period of new home build out of a Subdivision, as determined
by the Board of Directors of the Association, outside construction work or noisy
interior construction work shall be permitted only between the hours of 7:30
A.M. and 8:30 P.M. on Monday – Saturday and 9:00 A.M. and 7:00 P.M. on Sunday.
SECTION 6. DISPOSAL
OF TRASH. [Note: There are two
sections labeled “Section 6” under this Article in the original document.]
No trash, rubbish, garbage, manure, debris, or offensive material of any
kind shall be kept or allowed to remain on any Lot, not shall any Lot be used or
maintained as a dumping ground for such materials.
All such matter shall be placed in sanitary refuse containers constructed
of metal, plastic or masonry materials with tight fitting sanitary covers or
lids and placed in an area adequately screened by planting or fencing.
Equipment used for the temporary storage and/or disposal of such material
prior to removal shall be kept in a clean and sanitary condition and shall
comply with all the current laws and regulations and those which may be
promulgated in the future by any federal, state, county, municipal or other
governmental body with regard to environmental quality and waste disposal.
In a manner consistent with good housekeeping, the Owner of each Lot
shall remove such prohibited matter from his Lot at regular intervals at his
expense.
SECTION 7. BUILDING
MATERIALS. Unless otherwise
approved by the New Construction Committee, no Lot shall be used for the storage
of any materials whatsoever, except that material used in the construction of
improvements erected upon any Lot may be placed upon such Lot at the time
construction is commenced. During
initial construction or remodeling of the residences by Builders, building
materials may be placed or stored outside the property lines.
Building materials may remain on Lots for a reasonable time, so long as
the construction progresses without undue delay after which time these materials
shall either be removed from the Lot or stored in a suitable enclosure on the
Lot. Under no circumstances shall
building materials be placed or stored on the Streets.
SECTION 8. MINERAL
PRODUCTION. No oil drilling,
oil development operations, refining, quarrying or mining operations of any kind
shall be permitted upon any Lot, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon any Lot.
No derrick or other structure designed for use in boring for oil or
natural gas shall be permitted upon any Lot.
ARTICLE VII
ARCHITECTURAL RESTRICTIONS
SECTION 1. TYPE
OF RESIDENCE. Only one detached
Single Family Residence of not more than two stories shall be built or permitted
on each Lot. All Residences shall
have an attached or detached enclosed garage. Carports on Lots are prohibited.
All structures shall be of new construction and no structure shall be
moved from another location onto any Lot. All
Residences and all improvements thereon including, but not limited to, fences,
mail boxes, driveways and sidewalks must be kept in good repair and must be
painted when necessary to preserve their attractiveness.
Any change in the color of the paint on a Residence must be approved by
the Modifications Committee.
SECTION 2. LIVING
AREA REQUIREMENTS. The total
living area of any single family residence constructed on a Lot shall be not
less than the amount of square feet, exclusive of porches and garages, specified
in any applicable Supplemental Declaration.
SECTION 3. LOCATION
OF RESIDENCE ON LOT. The
location of each residence on a Lot will be approved by the New Construction
Committee with its approval of the site plan and the final working plans and
specifications. No building shall
be located on any Lot nearer to a Street than the minimum building setback lines
shown on the Subdivision Plat and no building shall be located on any utility
easement. No Residence shall be
located nearer than five (5) feet to an interior lot line, however, a Residence
may be located not less than three (3) feet from an interior lot line provided
that the construction of a Residence on the adjacent Lot is complete and such
residence is no closer than seven (7) feet to the same interior lot line, and,
provided further, an attached or detached garage located more than sixty-five
(65) feet from the front lot line may be located no nearer than three (3) feet
from any interior lot line. No
Residence shall be located nearer than fifteen (15) feet to the rear lot line,
but an attached or detached garage may be located no nearer than ten (10) feet
from the rear lot line. For the
purposes of this section, eaves, steps and open porches or driveways shall not
be considered as a part of a Residence. The
provisions of this Section may be amended insofar as same may apply to a
particular Subdivision or Neighborhood by a Supplemental Declaration.
SECTION 4. TYPE
OF CONSTRUCTION. Unless
otherwise approved by the New Construction Committee, at least fifty-one percent
(51%) of the exterior wall area of all Residences below eight (8) feet and above
the foundation [excluding detached (but not attached) garages, gables, windows,
and door openings] must be of masonry, stucco, or brick veneer.
No garage or accessory building shall exceed in height the dwelling to
which it is appurtenant without the written consent of the NCC.
Every garage and accessory building (except a greenhouse) shall
correspond in style and architecture and exterior building materials with the
dwelling to which it is appurtenant. No
structure of any kind or character which incorporates frame construction on the
exterior shall be erected on any Lot unless such structure receives at least two
coats of paint at the time of construction or the exterior is of redwood or
cedar material.
SECTION 5. TEMPORARY
BUILDINGS. Unless otherwise
approved by the New Construction Committee, temporary buildings or structures
shall not be permitted on any Lot. Declarant
may permit temporary toilet facilities, sales and construction offices and
storage areas to be used by Builders in connection with the construction and
sale of residences. Builders in the
Subdivisions may use garages as sales offices for the time during which such
Builders are marketing homes. At the time of the sale of a Residence by a Builder any
garage appurtenant to such Residence used for sales purposes must be reconverted
to a garage. Except for Builders,
as aforesaid, Owners may not convert garages into living space unless such
conversion is approved by the Modifications Committee, as set forth herein and
such conversion is either not visible from the Street or another garage is
constructed on such Owner’s Lot.
SECTION 6. DRIVEWAYS.
On each Lot the Builder shall construct and the Owner shall maintain at
his expense the driveway from the garage to the abutting Street, including the
portion of the driveway in the street easement, and the Builder shall repair at
his expense any damage to the Street occasioned by connecting the driveway
thereto.
SECTION 7. ROOF
MATERIAL. Unless otherwise
approved by the New Construction Committee or Modifications Committee, roofs of
all residences shall be constructed so that the exposed material is asphalt or
composition type shingles with a minimum twenty-five (25) year warranty,
currently No. 240 or heavier weight, clay or concrete tile, fiber-cement,
aluminum, slate, or wood shingles and shall be the color of weathered wood or
darker.
SECTION 8. FENCES.
No fence or wall shall be erected on any Lot nearer to the Street than
the minimum setback lines as shown on the Subdivision Plat.
The erection of chain link fences on any Lot is prohibited, except as may
otherwise be permitted in a Supplemental Declaration.
Owners shall construct and maintain a fence or other suitable enclosure
to screen from public view outside clothes lines, yard equipment, and wood piles
or storage piles.
SECTION 9. GRASS
AND SHRUBERY. The Owner of each
Lot used as a Residence shall spot sod or sprig with grass the area between the
front of his Residence and the curb line of the abutting Street.
The grass shall be of a type and within standards prescribed by the New
Construction Committee. Grass and
weeds shall be kept mowed to prevent unsightly appearance.
Dead or damaged trees, which might create a hazard to property or persons
within the Subdivision, shall be promptly removed or repaired, and if not
removed by the Owner upon request, then the Association may remove or cause to
be removed such trees at the Owner’s expense and shall not be liable for
damage caused by such removal. Vacant
Lots shall not be used as dumping grounds for rubbish, trash, rubble, or soil,
except that Declarant may designate fill areas into which materials specified by
Declarant may be placed. The
Association, at its sole discretion, may plant, install and maintain shrubbery
and other screening devices around boxes, transformers and other above-ground
utility equipment. The Association
shall have the right to enter upon the Lots to plant, install, maintain and
replace such shrubbery or other screening devices.
SECTION 10. SIGNS.
No signs, billboards, posters, or advertising devices of any kind shall
be permitted on any Lot without the prior written consent of the New
Construction Committee other than (a) one sign of not more than six (6) square
feet advertising the particular Lot on which the sign is situated for sale or
rent, or (b) one sign of not more than six (6) square feet to identify the
particular Lot during the period of actual construction of a single family
residential structure thereon. The
right is reserved by Declarant to construct and maintain, or to allow Builders
within the Subdivisions to construct and maintain, signs, billboards and
advertising devices as is customary in connection with the sale of newly
constructed residential dwellings on the Common Area and other portions of the
Properties owned by Declarant or the Association.
In addition, the Declarant and the Association shall have the right to
erect identifying signs at entrances to the Subdivisions.
SECTION 11. TRAFFIC
SIGHT AREAS. No fence, wall,
hedge, or shrub planting which obstructs sight lines at elevations between two
and six feet above the Street shall be permitted to remain on any Corner Lot
within fifteen (15) feet of the point formed by the intersection of the building
set back lines of such Lot.
SECTION 12. EXTERIOR
ANTENNAE. No exterior antennas
of any type including, without limitation, satellite dishes, shall be erected,
constructed, placed, or permitted to remain on any Residence or Lot without the
prior written consent of the New Construction Committee or the Modifications
Committee. If approved, the
installation shall be subject to such conditions or restrictions as such
committee specifies in granting consent such as, for example, a requirement that
an antenna be located to the rear of the roof ridge line, that a freestanding
antenna be located behind the rear wall of a Residence and screened from view by
installation of approved fencing or other screening devices, or that no
antennas, either freestanding or attached, exceed a particular specified height.
Notwithstanding the foregoing to the contrary, an 18 inch or smaller
satellite dish may be installed so as to not be visable from the Streets or
adjacent Lots. The right is hereby
reserved to the Board of Directors to erect master antennas, satellite dishes or
similar master systems for the benefit of one (1) or more Neighborhoods or for
the benefit of all of the Properties.
SECTION 13. MAILBOXES.
Mailboxes, house numbers and similar matter used in the Subdivision must
be harmonious with the overall character and aesthetics of the community.
SECTION 14. DISPOSAL
UNITS. Each kitchen in each
residence shall be equipped with a garbage disposal unit in a serviceable
condition.
SECTION 15. AIR
CONDITIONERS. No window or wall
type air conditioners shall be permitted in any residence, but the New
Construction Committee, at its discretion, may permit window or wall type air
conditioners to be installed if such unit or units will not be visible from any
Street.
SECTION 16. WINDOW
TREATMENT. No window treatment
in any Residence that is visible from any other Residence or a Street may be
covered with any (i) aluminum foil, (ii) other reflective material, or (iii)
light-colored opaque material that is adhered to the surface of the window.
SECTION 17. LIGHTING.
No light fixtures or other light source shall be installed on any Lot
that is located in such a way that it interferes with the peaceful use and
enjoyment of other Residences.
SECTION 18. PRIVATE
UTIITY LINES. All electrical,
telephone, and other utility lines and facilities which are located on a Lot and
are not Owned by a governmental entity or a public utility company shall be
installed in underground conduits or other underground facilities unless
otherwise approved in writing by the New Construction Committee.
SECTION 19. ENFORCEMENT
OF LOT MAINTENANCE. Each Owner
of a Residence shall at all times be obligated to maintain, repair, replace and
renew or cause to be maintained, repaired, replaced and renewed all improvements
on a Lot so owned or occupied (and the area between the boundary lines of
adjacent property and adjacent Streets if such area is not otherwise
maintained), so as to keep same in a clean, sightly, safe and first-class
condition consistent with its original intended appearance.
An Owner’s maintenance obligation shall include, but not be limited to:
the maintenance of all visible exterior surfaces of all buildings and
other improvements; the prompt removal of all paper, debris, and refuse; the
removal and replacement of dead and diseased trees and plantings and all snow
and ice from paved areas; the repainting of all areas where the paint is peeling
or cracking and, in the reasonable opinion of the Board, needs to be repainted;
the repair, replacement, cleaning and relamping of all signs and lighting
fixtures; the mowing, watering, fertilizing, weeding, replanting and replacing
of all approved landscaping; and during construction-related refuse from streets
and storm drains and inlets.
If any improvement is damaged or destroyed, the Owner shall
diligently proceed to restore such improvement to the condition existing prior
to such damage or destruction or, in the alternative, raze and remove such
improvement and landscape the property pursuant to a landscaping plan approved
by the Modifications Committee.
ARTICLE VIII
EASEMENTS
SECTION 1. GENERAL.
Easements for the installation and maintenance of utilities are reserved
as shown and provided for on the Subdivision Plats or as dedicated by separate
instruments. Neither Declarant nor
any utility company or authorized political subdivision using the easements
referred to herein shall be liable for any damages done by them or their
assigns, agents, employees or servants, to fences, shrubbery, trees, flowers,
improvements or other property of the Owner situated on the land covered by such
easements as a result of construction, maintenance or repair work conducted by
such parties or their assigns, agents, employees or servants.
SECTION 2. UNDERGROUND
ELECTRICAL DISTRIBUTION SYSTEM. An
underground electric distribution system has been installed within the
Subdivisions which will be designated an Underground Residential Subdivision and
which underground service area shall embrace all Lots in the Subdivisions.
The Owner of each Lot in the Underground Residential Subdivision shall,
at his own cost, furnish, install, own, and maintain (all in accordance with the
requirements of local governing authorities and the National Electric Code) the
underground service cable and appurtenances from the point of the electric
company’s metering on customer’s structure to the point of attachment at
such company’s installed transformers or energized secondary junction boxes,
such point of attachment to be made available by the electric company at a point
designated by such company at the property line of each Lot.
The electric company furnishing service shall make the necessary
connections at said point of attachment and at the meter.
In addition, the Owner of each Lot shall, at his own cost, furnish,
install, own and maintain a meter loop (in accordance with the then current
standards and specifications of the electric company furnishing service) for the
location and installation of the meter of such electric company for the
residence constructed on such Owner’s Lot.
For so long as underground service is maintained in the Underground
Residential Subdivision, the electric service to each Lot therein shall be
underground, uniform in character and exclusively of the type known as single
phase, 120/240 volt, three wire, 60 cycle, alternating current.
Easements for the underground service may be crossed by
driveways and walkways provided that the Builder or Owner makes prior
arrangements with the utility company furnishing electric service and provides
and installs the necessary electric conduit of approved type and size under such
driveways or walkways prior to construction thereof.
Such easement for the underground service shall be kept clear of all
other improvements, including buildings, patios, or other pavings, and neither
Builder nor any utility company using the easements shall be liable for any
damage done by either of them or their assigns, their agents, employees, or
servants, to shrubbery, trees, or improvements (other than crossing driveways or
walkways provided the conduit has been installed as outlined above) of the Owner
and located on the land covered by said easements.
SECTION 3. CABLE
TELEVISION. Declarant reserves
the right to hereafter enter into a franchise or similar type agreement with one
or more cable television companies and Declarant shall have the right and power
in such agreement or agreements to grant to such cable television company or
companies the uninterrupted right to install and maintain communications cable
and related ancillary equipment and appurtenances within the utility easements
and right-of-ways dedicated by the Subdivision Plats or by separate instruments
pertaining to the Subdivisions.
ARTICLE IX.
ENFORCEMENT
The Association or any Owner shall have the right to
enforce, by any proceeding at law or in equity, the covenants, conditions,
restrictions, and liens contained herein. Failure
of the Association or any Owner to enforce any of the provisions herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
ARTICLE X
ANNEXATION OF ADDITIONAL PROPERTY
SECTION 1. UNILATERAL
ANNEXATION BY DECLARANT. The
Declarant, as the owner thereof or, if not the owner, with the consent of the
owner thereof, shall have the unilateral right, privilege, and option at any
time to annex all or any portion of the real property owned by it adjacent to or
in the vicinity of the Property to the jurisdiction of the Association by filing
for record one or more Supplemental Declarations in respect to the property
being annexed. Any such annexation
shall be effective upon the filing for record of such Supplemental Declaration
unless otherwise provided therein.
The right reserved by Declarant to annex additional land
shall not and shall not be implied or construed so as to impose any obligation
upon Declarant to subject any other property owned by it to this Declaration or
to the jurisdiction of the Association. If
such additional land is not annexed, Declarant’s reserved rights shall not
impose any obligation on Declarant to impose any covenants and restrictions
similar to those contained herein upon such land nor shall such rights in any
manner limit or restrict the use to which such land may be put by Declarant or
by any other owner thereof, whether such uses are consistent with the covenants
and restrictions imposed hereby or not.
SECTION 2. OTHER
ANNEXATIONS. With the consent
of the owner thereof and consent by two-thirds (2/3rds) of each class of Members
voting in person or by proxy at a meeting called for such purpose, the
Association may annex other real property to the jurisdiction of the Association
by filing for record an annexation agreement in respect to the property being
annexed. Such annexation agreement
shall be signed by the President and Secretary of the Association, and any such
annexation shall be effective upon the filing for record of such instrument,
unless otherwise provided for therein.
SECTION 3. RIGHTS OF OWNERS
OF ANNEXED AREA.
The Owners of land in annexed property shall be entitled to use the
Common Area in the same manner and to the same extent of the Owners of the
property subject to the jurisdiction of the Association prior to the annexation
provided that the annexed property is impressed with and subject to assessments
by the Association imposed on a uniform basis, consistent with provisions of
this Declaration.
ARTICLE XI
GENERAL PROVISIONS
SECTION 1. TERM.
These covenants shall run with the land and shall be binding upon all
parties and all persons claiming under them for a period of forty (40) years
from the date these covenants are recorded, after which time said covenants
shall be automatically extended for successive periods of ten (10) years each,
unless an instrument signed by the owners of a majority of the Lots in the
Property has been recorded within the year immediately preceding the beginning
of a ten (10) year renewal period.
SECTION 2. SEVERABILITY. Invalidation of any one of these covenants by judgement or
other court order shall in no wise affect any other provisions, which shall
remain in full force and effect except as to any terms and provisions which are
invalidated.
SECTION 3. GENDER AND GRAMMAR.
The singular wherever used herein shall be construed to mean or include
the plural when applicable, and the necessary grammatical changes required to
make the provisions hereof apply either to corporations (or other entities) or
individuals, male or female, shall in all cases be assumed as though in each
case fully expressed.
SECTION 4. TITLES.
The titles of the Declaration of Articles and Sections contained herein
are included for convenience only and shall not be used to construe, interpret,
or limit the meaning of any term or provision contained in this Declaration.
SECTION 5. REPLATTING. Declarant shall have the right, but shall never be obligated,
to resubdivide into Lots, by recorded plat or in any lawful manner, and reserve
tracts contained within the Subdivisions and such Lots as replatted shall be
subject to these restrictions as if such Lots were originally included herein.
SECTION 6. AMENDMENT. As long as there is Class B membership and provided that
there is no adverse effect on the title to any Owner’s property or that any
such Owner shall consent thereto, this Declaration may be amended unilaterally
at any time and from time to time by Declarant (a) if such amendment is
necessary to bring any provision hereof into compliance with any applicable
governmental statute, rule, or regulation or judicial determination which shall
be in conflict therewith; (b) if such amendment is required by an institutional
or governmental lender or purchaser of mortgage loans, including, for example,
the Federal National Mortgage Association or Federal Home Loan Mortgage
Corporation, to enable such lender or purchaser to make or purchase mortgage
loans on the property subject to this Declaration; or (c) if such amendment is
necessary to enable any governmental agency or reputable private insurance
company to insure mortgage loans on the property subject to this Declaration.
In addition to the amendments described above, this
Declaration may be amended at any time by an instrument executed by the Owner or
Owners of not less than sixty percent (60%) of the Lots within the Property;
provided, however, without the Declarant’s consent no amendment shall be made
to this Declaration which affects the Declarant’s right to appoint members of
the New Construction Committee as set forth in Section 2 of Article II and
without the consent of the Owners of all Tracts within the Properties no
amendment shall be made to this Declaration which gives the Architectural
Committees the right to approve plans for the construction of improvements on
the Tracts or modifications to improvements.
Any amendment to this Declaration must be recorded in the Office of the
County Clerk of Fort Bend County, Texas.
SECTION 7. MERGER AND CONSOLIDATION.
Upon a merger or consolidation of the Association with another non-profit
corporation organized for the same purposes, the Association’s properties,
rights, and obligations may be transferred to the surviving or consolidated
association, or alternatively, the properties, rights and obligations of another
association may be added to the properties, rights and obligations of the
Association as a surviving corporation pursuant to a merger.
The surviving or consolidated association shall administer the covenants,
conditions and restrictions established by this Declaration, together with the
covenants, conditions and restrictions applicable to the properties of the other
association as one scheme. However,
such merger or consolidation shall not effect any revocation, change or addition
to the Covenants established by this Declaration and no merger or consolidation
shall be permitted except with the assent of two-thirds (2/3rds) of each class
of Members of the Association.
SECTION 8. DISSOLUTION. The Association may be dissolved with the assent given in
writing and signed by not less than two-thirds (2/3rds) of each class of
Members. Upon dissolution of the
Association, other than incident to a merger or consolidation, the assets of the
Association shall be dedicated to an appropriate public agency to be used for
purposes similar to those for which the Association was created.
In the event that such dedication is refused acceptance, such assets
shall be granted, conveyed and assigned to any non-profit corporation,
association, trust or other organization to be devoted to such similar purposes.
SECTION 9. ENFORCEMENT. Each Owner shall comply strictly with the covenants,
conditions, and restrictions set forth in this Declaration, as may be amended
from time to time, and with the rules and regulations adopted by the Board.
The Board may impose fines or other sanctions, which shall be collected
as provided herein for the collection of assessments.
Failure to comply with this Declaration or the rules and regulations
shall be grounds for an action to recover sums due for damages or injunctive
relief, or both, maintainable by the Board of Directors, on behalf of the
Association, or by an aggrieved Member. Failure
of the Board or any other Person to enforce any of the provisions herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
The Association shall also have the right to enforce, by a proceeding at
law or in equity, any other restrictions, conditions, covenants and liens
imposed upon any portion of the Properties which by the terms of the instrument
creating same grant the Association the power to enforce same, and failure of
the Association to enforce such provisions shall in no event be deemed a waiver
of the right to do so thereafter.
In addition to any other remedies provided for herein, the
Association or its duly authorized agent shall have the power to enter upon a
Lot or Tract to abate or remove, and erection, thing or condition which violates
this Declaration, its rules and regulations, or the design guidelines.
Except in the case of emergency situations, and as otherwise specified
herein, the Association shall give the violating Owner ten (10) days’ written
notice of its intent to exercise self-help.
All costs of self-help, including reasonable attorney’s fees actually
incurred, shall be assessed against the violating Owner and shall be collected
as provided for herein for the collection of Assessments.
ARTICLE XII
LIENHOLDER
Bank One, Texas, N.A., the owner and holder of a lien or
liens covering the land described in Exhibit “A” attached hereto, has
executed this Declaration to evidence its joinder in, consent to, and
ratification of the imposition of the foregoing covenants, conditions, and
restrictions upon such land.
IN WITNESS WHEREOF, this Declaration is executed effective
as of the 18th day
of April, 1996.
DECLARANT:
OLD VOSS ROAD PARTNERS, LTD.,
By: Mapani Enterprises, Inc.
General Partner
By: [Signature of
Candido R. Pagan]
Name: Candido R. Pagan
Title: Vice President
LIENHOLDER:
Bank One, Texas, N.A.
By: [Signature of
Gerald W. Mangum]
Name: Gerald W. Mangum
Title: Vice President
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 18 day of April,
1996, by Candido R. Pagan, Vice President of Mapani Enterprises, Inc. for
Old Voss Road Partners, Ltd., a Texas limited partnership, on behalf of said
limited partnership.
[Signature of
Elaine Shell]
Notary Public, State of Texas
My Commission expires: 5-12-98
[SEAL]
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 18 day of April,
1996, by Gerald Magnum, Vice President of Bank One, Texas, N.A., a
national banking association, on behalf of said banking association.
[Signature of
Dolores T. Hernandez]
Notary Public, State of Texas
My Commission expires: 12-9-96
[SEAL]
DECLARATION
OF COVENANTS,
CONDITIONS
AND RESTRICTIONS
FOR
PARK POINTE, SECTIONS ONE, TWO, AND THREE
THIS DECLARATION, made as of the date hereinafter set
forth by Old Voss Road Partners, Ltd., a Texas limited partnership (hereinafter
referred to as “Declarant”).
WITNESSETH:
WHEREAS,
Declarant is the owner of the property described on Exhibit “A”
attached hereto (the “Property”); and
WHEREAS,
it is the desire of Declarant to provide for the preservation of the values and
amenities in such Property and, to this end to subject the Lots (hereinafter
defined) therein to the covenants, conditions and restrictions hereinafter set
forth for the benefit of the Lots and all present and future owners thereof.
NOW,
THEREFORE, Declarant hereby declares that the Property shall be held, sold and
conveyed subject to the following easements, restrictions, covenants and
conditions, which shall run with said Property and shall be binding upon all
parties having any right, title or interest in said Property or any part
thereof, their heirs, successors and assigns, and shall inure to the benefit of
each owner thereof.
SUPPLEMENTAL
DECLARATION OF RESTRICTIONS
FOR
PARK POINTE, SECTION ONE - SECTION SEVEN
THIS SUPPLEMENTAL DECLARATION OF RESTRICTIONS is made as of
the date and year set forth on the signature page hereof, by OLD VOSS ROAD
PARTNERS, LTD., a Texas limited partnership (herein referred to and acting as
“Declarant”).
WHEREAS, Declarant executed that certain DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARK POINTE, SECTIONS ONE, TWO, AND
THREE dated April 18, 1996 (the “Declaration”), which was filed under Fort
Bend County Clerk’s File No. 9623826 and recorded in the Official
Public Records of Real Property of Fort Bend County, Texas;
WHEREAS, Declarant is the owner of a portion of the real
property described in and subject to the Declaration, such portion being all of
the residential lots in Park Pointe, Section One, a subdivision of land in Fort
Bend County, Texas, according to the map or plat thereof (the “Plat”) filed
under Slide No. 1452A in the Map Records of Fort Bend County, Texas; and
WHEREAS, Declarant desires to subject the lots in Park
Pointe, Section One to the additional covenants, conditions and restrictions set
forth in this Supplemental Declaration of Restrictions so as to impose mutually
beneficial restrictions under a general plan of improvement for the benefit of
all owners of the property within subject subdivision and to designate the land
covered by the Plat as a “Neighborhood” as defined in the Declaration.
NOW, THEREFORE,
Declarant does hereby declare as follows:
1)
The land subject to the Plat shall be held, transferred, sold, conveyed,
used and occupied subject to the covenants, restrictions, easements, charges and
liens set forth in this Supplemental Declaration of Restrictions, in addition of
those contained in the Declaration. All capitalized terms used herein which are not otherwise
defined herein shall have the meanings set forth for such terms in the
Declaration.
2)
The land subject to the Plat shall hereafter be known as PARK POINTE,
SECTION ONE and is hereby designated a "“Neighborhood"” as such
term is defined in the Declaration.
3)
The Lots within PARK POINTE, SECTION ONE (the “Neighborhood”) shall
be subject to the following use limitations and restrictions in addition to
those set forth in the Declaration:
SECTION 1. WALLS
AND FENCES.
(a)
All fences or walls must be approved in writing by the NCC.
Each lot must have NCC-approved fencing constructed thereon, not to
exceed seven feet (7’) in height along and immediately adjacent to all rear
and side property lines of the Lot, and not to be constructed closer than the
building set-back along the front boundary of the Lot.
However, with respect to corner Lots, such fencing will not be closer to
the Lot boundary siding on the Street than the applicable building set-back line
established on the Plat. Specific
guidelines for all fencing materials and styles for use on all Lots in the
Neighborhood will be established by the NCC and enforced by the Association.
(b)
The following Lots that abut Park Pointe Way in the Neighborhood shall
have constructed and maintained thereon, at all times, a uniform wood fence
seven feet (7’) in height, that begins at the rear of the Residence on those
Lots and parallels and is immediately adjacent to (but does not encroach into)
the ten foot (10’) side building setback indicated on the Plat:
Park Pointe Section One:
Lots 1, 14, 15, and 55 in Block 1;
Lots 1 and 22 in Block 2
(c)
In order to maintain the theme and character of the Properties subject to
the Declaration in general, and the uniform plan and character of Park Pointe
Way in particular, the fence on each Lot adjacent to such Street shall be
maintained by the Owner of the Lot in the original style and location approved
by the NCC unless a change is subsequently approved in writing in the sole
discretion of the NCC, except that the Association shall maintain the brick
columns of such fence.
(d)
No fence or wall shall be erected on any Lot nearer to the Street than
the minimum building setback lines as shown on the Plat of the Neighborhood.
The erection of chain link fences on any Lot, except along the property
line abutting the City of Houston’s Cullinan Park, is prohibited.
Owners shall construct and maintain a fence or other suitable enclosure
to screen from public view outside clothes lines, yard equipment, and wood piles
or storage piles.
SECTION 2.
GARAGES AND GARAGE ACCESS.
(a)
All garages to be constructed on Lots within the Neighborhood must be
approved in writing by the NCC. All
detached garages shall be no more than one story in height, and attached garages
may be up to two stories in height. All overhead garage doors must be constructed of real wood or
metal approved as to style and appearance by the NCC. No masonite or plywood shall be permitted in overhead garage
doors. Glass shall only be
permitted in overhead doors on detached garages.
(b)
Certain Lots in the Neighborhood shall be restricted in their driveway
access to certain adjacent Streets. The
following Lots in the Neighborhood are prohibited from having garage access from
(i.e., driveway access onto) Park Pointe Way:
Park Pointe Section One:
Lots 1, 14, 15, and 55 in Block 1;
Lots 1 and 22 in Block 2
(c)
Minimum setback lines for garage structures facing (or up to a forty-five
degree (45°) angle away from) the Street on which such Lot fronts in the
Neighborhood shall be as follows:
(i)
Setbacks from each front Lot boundary shall be forty feet (40’); and
(ii)
Setbacks from side Lot boundaries shall be five feet (5’) for attached
garages and three feet (3’) for detached garages.
However, with respect to garages on Corner Lots, the overhead garage
doors of which face (or are up to a forty-five degree angle away from) the side
boundary of such Lot siding on such Street, the set-back for the garage shall be
the applicable building set-back line set forth on the Plat.
No garage structure may encroach onto any dedicated utility easement.
(d)
No attached garage in the Neighborhood shall have more that one (1) story
of habitable space above the first story, and the first story shall be reserved
and utilized solely for parking of motor vehicles.
SECTION 3. LIVING
AREA REQUIREMENTS.
The ground floor area of any one-story (1) single family
dwelling, exclusive of open porches and garages, shall contain not less than
1,600 square feet. Exclusive of
open porches and garages, the total living area of any single family dwelling of
more than one story shall be at least 1,800 square feet, with the first floor
being not less than 1,000 [square] feet.
SECTION 4.
LANDSCAPING AND TREE PLANTING.
All landscaping plans for Lots in the Neighborhood must be
submitted to the NCC for approval. All
corner Lots shall have a minimum of three (3) live trees at least two and
one-half inches (2.5”) in diameter planted and maintained in the front yard;
and other Lots shall have a minimum of two (2) live trees at least two and
one-half inches (2.5”) in diameter planted and maintained in the front yard.
All such trees that die shall promptly be replaced by the Owner of the
Lot in question so as to be in compliance herewith.
In order to maintain the theme and character of the Property, the Owner
of each Lot that adjoins the Park Pointe Way right-of-way agrees and shall be
bound as a covenant running with title thereto to maintain and, from time to
time if same dies promptly replace, and trees planted by Declarant on such Lot,
or in the rights-of-way between said Lot and the curb of the adjoining Street.
SECTION 5. CHIMNEYS.
All chimneys of Residences in the Neighborhood shall be
constructed of materials which have been approved in writing by the NCC.
SECTION 6.
DEVELOPMENT PERIOD.
During the period of time that any Lots or Residence
located with the Neighborhood are being developed and marketed (“Development
Period”), Declarant, with the right of assignment, shall have and hereby
reserves the right to reasonable use of the Common Area owned by the Association
in the Neighborhood in connection with the promotion and marketing of land
within the Properties.
SECTION 7.
INTENT AND AMENDMENT.
It is the intent of Declarant that the covenants,
conditions and restrictions provided for in this Supplemental Declaration of
Restrictions apply only to the Neighborhood (i.e., Park Pointe, Section One).
Notwithstanding any provisions of this Supplemental Declaration of
Restrictions to the contrary, it is also the intent of Declarant that the
specific restrictions that are imposed on the Neighborhood only in and by the
virtue of this Supplemental Declaration of Restrictions (other than those in the
Declaration that are, in whole or in part, repeated herein) may be amended by an
instrument evidencing the written consent of both (I) the Owners of two-thirds
(2/3rds) of the Lots in Park Pointe, Section One, and (ii) Declarant, as long as
Declarant owns any part of the Properties (by annexation or otherwise).
SECTION 8.
NEIGHBORHOOD ASSESSMENT.
No specific Neighborhood Assessment is mandated by this
Supplemental Declaration. Therefore,
Owners of Lots within the Neighborhood may be assessed and are liable to pay a
Neighborhood Assessment in addition to the base annual assessment only if levied
by the Association’s Board of Directors in accordance with Article IV, Section
2 of the Declaration.
SECTION 9.
AGREEMENT.
Each Owner of a Lot in the Neighborhood by such Owner’s
claim or assertion of ownership or by accepting a deed to any such portion of
the land in the Neighborhood, whether or not it shall be so expressed in such
deed, is hereby conclusively deemed to covenant and agree, as a covenant running
with title to such Lot, to accept and abide by this Supplemental Declaration of
Restrictions as well as all restrictions, obligations, requirements and
liabilities set forth in the Declaration.
This Supplemental Declaration of Restrictions shall remain
in full force and effect for the term, and shall be subject to the renewal and
other provisions, of the Declaration.
EXECUTED this the 18 day of April, 1996.
DECLARANT:
OLD VOSS ROAD PARTNERS, LTD.,
A Texas Limited Partnership
By: Mapani Enterprises, Inc.
Its: General Partner
By: [Signature of
Candido R. Pagan]
Name: Candido R. Pagan
Title: Vice President
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on April 18, 1996, 1996
by Candido R. Pagan, Vice President of Mapani Enterprises, Inc. for Old
Voss Road Partners, Ltd., a Texas limited pertnership, on behalf of said limited
partnership.
(SEAL)
[Signature of
Elaine Shell]
Notary Public in and for
The State of Texas
Elaine Shell
Name printed or typed
My commission expires: 5-12-98
STAMP:
FILED AND RECORDED
4-19-96 8:13 A TD $19.00 9623827
[Signature of
Dianne Wilson]
Dianne Wilson – Co. Clerk
Fort Bend Co., TX
Note:
Underlined numbers, dates, months, names, and titles were hand-written in
the original document.
|