TRAVIS RANCH CC&Rs
NOTE: The following was OCR scanned and translated into editable text using Adobe Acrobat and should be used for reference only. 100% accuracy cannot be ensured. The source file from which it was scanned can be found here.
SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, & RESTRICTIONS FOR TRAVIS RANCH
THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 1’RA VIS RANCH (this “Amendment”) is made and entered into this __ day of _______ , 2005, by TRAVIS RANCH DEVELOPMENT, L.P., a Texas limited partnership (“Declarant”).
WHEREAS, Declarant is the Declarant under that certain Declaration of Covenants, Conditions and Restrictions for Travis Ranch (as amended, the “Declaration”) dated December 17, 2004, recorded in Volume 2562, Page 351, Land Records, Kaufman County, Texas, as amended pursuant to that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Travis Ranch dated June 8, 2005, recorded in Volume 2663, Page 122, Land Records, Kaufman County, Texas, regarding certain real property more particularly described in the Declaration, reference to which is hereby made for all purposes (the “Property”). Capitalized terms which are not otherwise defined herein shall have the meanings set forth in the Declaration.
WHEREAS, the Declaration provides that the Declarant shall have the right and privilege to amend the Declaration as set forth therein;
WHEREAS, Declarant desires to amend and clarify the Declaration in certain respects;
NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth and for other consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby amends the Declaration as follows:
1. The provisions of Section 6.21.9.a. are hereby deleted and the following substituted therefore: One professionally made sign of not more than 5 square feet advertising the Lot for sale.
2. Nothing contained herein shall in any way modify, limit or otherwise affect the right, power and authority of the Architectural Reviewer to approve plans, drawings or specifications for any improvement or for any other matter requiring the approval of the Architectural Reviewer under the Declaration or to grant variances, waivers, tolerances or modifications of the standards as set forth within the Declaration.
FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR TRAVIS RANCH
June 21, 2005
This FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAVIS RANCH (this “Amendment”) is made and entered into this ~ day of June 2005, by TRAVIS RANCH DEVELOPMENT, L.P., a Texas limited partnership (“Declarant”).
WHEREAS, Declarant is the Declarant under that certain Declaration of Covenants, Conditions and Restrictions for Travis Ranch (the “Declaration”) dated December 17, 2004, recorded in Volume 2562, Page 351, Land Records, Kaufman County, Texas, regarding certain real property more particularly described in the Declaration, reference to which is hereby made for all purposes (the “Property”). Capitalized terms which are not otherwise defined herein shall have the meanings set forth in the Declaration.
WHEREAS, the Declaration provides that the Declarant shall have the right and privilege to amend the Declaration as set forth therein;
WHEREAS, Declarant desires to amend and clarify the Declaration in certain respects;
NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth and for other consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby amends the Declaration as follows:
1. Travis Ranch Boulevard is hereby designated as a Thoroughfare Street.
2. The last sentence of Section 6.20.4 and the next to the last sentence of Paragraph 3 of Appendix Dare hereby deleted and the follov.’ing substituted therefor: Dwellings adjacent ro a Thoroughfare Street or F. M. 740 must be 100 percent masonry or masonry veneer; provided, however, minimal areas of front elevations of dwellings such as under eaves and dormers may be other exterior wall materials as approved by the Architectural Reviewer.
3. Nothing contained herein shall in any way modify, limit or otherwise affect the right, power and authority of the Architectural Reviewer to approve plans, drawings or specifications for any improvement or for any other matter requiring the approval of the Architectural Reviewer under the Declaration or to grant variances, waivers, to modifications of the standards as set forth within the Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR TRAVIS RANCH
Vol. 2562
This Declaration of Covenants, Conditions & Restrictions (“Declaration”} for Travis Ranch is made by Travis Ranch Development, LP., a Texas limited partnership (”Declarant”), on the date signed below. Declarant owns the real property described in Appendix A of this Declaration, together with the improvements thereon.
Declarant desires to establish a general plan of development for the planned community to be known as Travis Ranch (“Travis Ranch”). Declarant also desires to provide a reasonable and flexible procedure by which Declarant may expand the Property to include additional real property, and to maintain certain development rights that are essential for the successful completion and marketing of the Property, as hereinafter defined.
Declarant further desires to provide or the preservation, administration, and maintenance of portions of Travis Ranch, and to protect the value, desirability, and attractiveness of Travis Ranch. As an integral part of the development plan, Declarant deems it advisable to create a property owners association to perform these functions and activities more fully described In this Declaration and the other Documents described below.
Declarant DECLARES that the real property described in Appendix A, and any additional real property made subject to this Declaration by recording one or more amendments of or supplements to this Declaration, will be owned, held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, and easements of this Declaration, including Declarant’s representations and reservations in the attached Appendix 8, which run with the real property and bind all parties having or acquiring any right, title, or Interest in any part of the Property, their heirs, successors, and assigns, and inure to the benefit of each Owner of any part of the Property.
ARTICLE 1
DEFINITIONS
The following words and phrases, whether or not capitalized, have specified meanings when used in the Documents, unless a different meaning is apparent from the context in which the word or phrase is used.
1.1 “Additional Land” means real property which may be added to the Property and subjected to this Declaration by Declarant and the owner of such property, as described in Section 8.3.2 and Appendix C of this Declaration.
1.2 “Approved Builder” shall mean those contractors and subcontractors who the Declarant or the Architectural Reviewer has designated s “Approved”a s contemplated by Section 5.5 of this Declaration, and who shall be permitted o construct, as a contractor or subcontractor, all or any portion of the improvements on any Lot.
1.3. “Architectural Reviewer” and/or “Reviewer” means the entity having jurisdiction over a particular application for architectural approval. During the Development Period, the Reviewer is Declarant, Declarant’s designee, or Declarant’s delegatee. Thereafter, the board-appointed Architectural Control
Committee is the Reviewer.
1.4. “Assessment” means any charge levied against a Lot or owner by the Association, pursuant to the Documents or State law, including but not limited to Regular Assessments, Special Assessments, Individual Assessments, and Deficiency Assessments, as defined in Article 8 of this Declaration.
1.5 . “Association” means the association of owners of all Lots in the Property, initially organized as Travis Ranch Property Owners Association, Inc., a Texas nonprofit corporation, and serving as the “property owners’ association” defined in Section 202.001 (2) of the Texas Property Code. The failure of the Association to maintain its corporate charter from time to time does not affect the existence or legitimacy of the Association, which derives its authority from this Declaration and the bylaws.
1.6. “Board” means the board of directors of the Association.
1.7. “Common Area” or “Common Areas” means portions of the Property and improvements thereon that are owned and/or maintained by the Association, as described in Section 2.5 below.
1.8. “Declarant” means Travis Ranch Development, L.P., a Texas limited partnership, which is developing the Property, or the successors and assigns a/Travis Ranch Development, LP., which acquire any portion of the Property for the purpose of development and which are designated a Successor Declarant by Travis Ranch Development, L.P., or by any such successor and assign, in a recorded document.
1.9. “Declarant Control Period” means that period of time during which Declarant controls the operation and management of the Association, pursuant to Appendix B of this Declaration.
1.10. “Declaration” means this document, as it may be amended from time to time.
1.11. “Development Period” means the 25-year period beginning the date this Declaration is recorded, during which Declarant has certain rights pursuant to Appendix B hereto, including rights relating to development, construction, expansion, and marketing of the Property and the Additional Land. The Development Period is for a term of years and does not require that. Declarant own land described in Appendix A. Declarant may terminate the Development Period at any time by recording a notice of termination.
1.12. “Documents”means, singly or collectively as the case may be, this Declaration, the Plat, the bylaws, the Association’s articles of incorporation, and the rules of the Association, as any of these may be amended from time to time. An appendix, exhibit, schedule, or certification accompanying a Document is a part of that Document.
1.13. “Lot” means a portion, tract, parcel, or platted Lot made subject to this Declaration and intended for independent ownership and improvement. In all instances, “Lot” refers to real property that is subject to this Declaration. As a defined term, “Lot” does not refer to Common Areas, even if platted and numbered as a Lot. Where the context indicates or requires, “Lot” includes all improvements thereon and any portion of a right-of-way that customarily is used exclusively by and in connection with the Lot.
1.14. “Majority” means more than half.
1. 15. “Member’ means a member of the Association, each member being an owner of a Lot, unless the context indicates that member means a member of the Board or a member of a committee of the Association.
1. 16. “Neighborhood” means a separately designated portion of the Property which is subject to additional restrictions and/or which may share the use and expense of a Neighborhood Common Area or other benefit or service that is not provided to all Lots in the Property, pursuant to Article 17 of this Declaration. A Neighborhood may include noncontiguous parcels of property. Nothing in this Declaration requires the creation of a Neighborhood.
1.17. “Owner” means a holder of recorded fee simple title to a Lot. Declarant is the initial owner of all Lots. Contract sellers and mortgagees who acquire title to a Lot through a deed in lieu of foreclosure or through judicial or nonjudicial foreclosure are owners. Persons or entities having ownership interests merely as security for the performance of an obligation are not owners. Every owner is a member of the Association.
1.18. “Plat” means all plats, singly and collectively, pertaining lo land that is subject to this Declaration or pertaining to Travis Ranch, and recorded in the Real Property Records of every county in which any of the land is located, including all dedications, limitations, restrictions, easements, notes, and reservations shown on the Plat, as it may be amended from time to time.
1. 19. “Property” means all the land subject to this Declaration and all improvements, easements, rights, and appurtenances to the land. The name of the Property is Travis Ranch. The Property is located on land described in Appendix A to this Declaration, and includes every Lot and any Common Area thereon. The Property is in Kaufman County, Texas.
1.20. “Resident” means an occupant of a dwelling, regardless of whether the person owns the Lot.
1.21. “Rules” means rules and regulations of the Association adopted in accordance with the Documents. The initial Rules may be adopted by Declarant for the benefit of the Association.
1.22. “Single Family Lot” means a Lot on which there is or will be constructed a detached single family dwelling.
1.23. “Underwriting Lender” means Federal Home Loan Mortgage Corporation (Freddie Mac), Federal Housing Administration (HUD/FHA), Federal National Mortgage Association (Fannie Mae), or U.S. Department of Veterans Affairs (VA), singly or collectively. The use of this term and these institutions may not be construed as a limitation on an owner’s financing options nor as a representation that the Property is approved by any institution.
ARTICLE 2
PROPERTY SUBJECT TO DOCUMENTS
2.1. PROPERTY. The real propertyd escribed in AppendixA is held, transferred,s old, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, liens, and easements of this Declaration, including Declarant’s representations and reservations in the attached Appendix B, which run with the Property and bind all parties having or acquiring any right, title, or interest in the Property, their heirs, successors, and assigns, and inure to ttie benefit of each owner of the Property.
2.2. ADDITIONAL PROPERTY. Additional real property may be annexed to the Property and subjected to the Declaration and the jurisdiction of the Association on approval of owners representing at least two-thirds of the total allocated votes, or, during the Development Period, by Declarant as permitted in Appendix B. Annexation of additional property is accomplished by recording a declaration of annexation, including an amendment of Appendix A, in the public records of every county in which any part of the Property is located.
2.3. PLAT DEDICATIONS, EASEMENTS & RESTRICTIONS. In addition to the easements and restrictions contained in this Declaration, the Property is subject to the dedications, limitations, notes, easements, restrictions, and reservations shown or cited on the Plat, which is incorporated herein by reference. Each owner, by accepting an interest in or title to a Lot, whether or not it is so expressed in the instrument of conveyance, covenants and agrees to be bound by the Plat, and further agrees to maintain the surface area of any easement that crosses his Lot and for which the Association does not have express responsibility.
2.4. NEIGHBORHOOD RESTRICTIONS. In addition to this Declaration, any portion of the Property may become subject to Neighborhood Restrictions and/or the jurisdiction of a Neighborhood Association.
2.5. COMMON AREA. The Common Area of the Property consists of the following components on or adjacent to the Property, even if located on a Lot or a public right-of-way:
a. Any area shown on the Plat as Common Area or an area to be maintained by the Association.
b. The private streets, being all streets, alleys, and cul-de-sacs within the Property that are not publicly dedicated.
c. Fixtures and improvements on or appurtenant to the private streets and which are intended for the use, operation, or maintenance of the private streets, including but not limited to curbs, street lamps, street name signs, and traffic signs.
d. The fonmal entrances to the Property, including (if any) the signage, landscaping, electrical and water installations, planter boxes and fencing.
e. Landscaping or grounds maintenance on public rights-of-way on or adjoining the Property, only to the extent the Association has a right or_duty to maintain or regulate that portion of a right-of-way, or if a public entity fails to maintain an area to a standard desired by the Association.
f. Any continuous screening wall installed by Declarant along major thoroughfares along or through the Property in connection with the original development, and replacements thereof, which may not be construed to apply to individual side or back yard fences on house Lots that abut major thoroughfares.
g. Any modification, replacement, or addition to any of the above-described areas and improvements.
h. Personal property owned by the Association, such as books and records, office equipment, and pool supplies and furniture.
2.6. STREETS WITHIN PROPERTY. Because streets, alleys, and cul de sacswtthin the Property (hereafter “streets”) are capable of being converted from publicly dedicated to privately owned, and vice versa, this Section addresses both condttions. Private streets are part of the Common Area, which is governed by the Association. Public streets are part of the Common Area only to the extent they are not maintained or regulated by a governmental body. To the extent not prohibited by public law, the Association, acting through the Board, is specifically authorized to adopt, amend, repeal, and 13nforce rules, regulations, and procedures for use of the streets – whether public or private – including but not limited to:
a. Identification of vehicles used by Owners and Residents and their and guests.
b. Designation of speed limits and parking or no-parking areas.
c. Removal or prohibition of vehicles that violate applicable rules and regulations.
d. Fines for violations of applicable rules and regulations.
ARTICLE 3
PROPERTY EASEMENTS AND RIGHTS
3.1. GENERAL. In addition to other easements and rights established by the Documents, the Property is subject to the easements and rights contained in this Article,
3.2. EASEMENT FOR ENTRY FEATURE & SCREENING WALL. The Association is hereby granted a perpetual easement (the “Maintenance Easement”) over each Lot that abuts or contains a portion of the Property’s formal entrances or the Property’s screening wall, fence, or berm for the purposes stated in this Section, regardless of whether or how the Plat shows the easement, entry features, or screening wall, fence, or berm. The purpose of the Maintenance Easement is to provide for the existence, repair, improvement, and replacement of the Property’s formal entrances, and screening wall, fence, or berm, to be maintained by the Association as a Common Area. In exercising this Maintenance Easement, the Association may construct, maintain, improve, and replace improvements reasonably related to the screening or entrance of a residential subdivision. including: screening walls, fences and/or berms: planter beds, landscaping, and plant material; electrical and water meters and equipment, including light fixtures and sprinkler systems; and signage relating to the Property. The Owners of the Lots burdened with the Maintenance Easement will have the continual use and enjoyment of their Lots for any purpose that does not interfere with and prevent the Association’s exercise of the Maintenance Easement. In addition to the easement granted herein, the Association has the temporary right, from time to time, to use as much as the surface of a burdened Lot as may be reasonably necessary for the Association to perform its contemplated work on the Maintenance Easement. This easement is perpetual. The Maintenance Easement will terminate when the purpose of the easement ceases to exist, is abandoned by the Association, or becomes impossible to petiorm. The Association may assign this easement, or any portion thereof, to a governmental body that accepts the assignment. This Maintenance Easement applies only lo the original screening walls installed by Declarant and replacements thereof, and does not apply or pertain to fences installed on individual Lots, even though the Lot abuts a major thoroughfare.
3.3. MONUMENT EASEMENT. The Association is granted a perpetual easement (the “Monument Easement”) over each Lot that contains a standard street name monument (“MonumentL ot”)f or the purpose of repairing, removing, and replacing the monument, as deemed necessary by the Association. In addition to the easement granted herein, the Association has the temporary right. from time to time, to use as much of the surface of the Monument Lat as may be reasonably necessary for the Association to perform its contemplated work on the Monument Easement. The owner of a Monument Lot may not remove, deface, cover, or screen the monument, or otherwise interfere with the intended use and purpose of the monument. This Section contemplates that street name monuments (1) may be located on Lot corners at street intersections, street ends, or street beginnings, (2) may not exceed 6 square feet of Lot area, and (3) may not exceed 8 feet in height. This Section applies to the extent street name monuments are not maintained by a governmental entity.
NOTICE CERTAIN LOTS IN TRAVIS RANCH ARE SUBJECT TO EASEMENTS FOR SCREENING WALLS, FORMAL ENTRANCES, STREET SIGNS AND YARD MAINTENANCE.
3.4. OWNER’S EASEMENT OF ENJOYMENT. Every Owner is granted a right and easement of enjoyment over the Common Areas and to use of improvements therein, subject to other rights and easements contained in the Documents. An Owner who does not occupy a Lot delegates this right of enjoyment to the Residents of his Lot. Notwithstanding the foregoing, if a portion of the Common Areas, such as a recreational area, is designed for private use, the Association may temporarily reserve the use of such area for certain persons and purposes.
3.5. OWNER’S INGRESS/EGRESS EASEMENT. Every Owner is granted a perpetual easement over the Property’s streets. as may be reasonably required, for vehicular ingress to and egress from his Lot.
3.6. ASSOCIATION’S ACCESS EASEMENT. The Association is granted an easement of access and entry to every Lot and Common Area to perform maintenance, to enforce architectural and use restrictions, to respond to emergencies, and to perform any other duty required by the Documents.
3.7. ADJACENT LAND USES, A number of privately owned facilities may be created within. adjacent to, or in the vicinity of Travis Ranch, such as a lake marina, retail businesses, a multifamily community, and a golf course. Access to those facilities is strictly subject to the requirements, rules, and charges established by the owner of each such facility. Ownership or occupancy of house Lots in Travis Ranch does not convey a right to use such privately owned facilities, which are not Common Areas of Travis Ranch. The owners of such facilities are not members of the Association or subject to assessment under this Declaration. However, they may be obligated to contribute to certain costs associated with the administration, insurance, maintenance, repair, and replacement of some or all Common Areas pursuant to a separate agreement with Declarant, if any such instrument is executed.
3.9 UTILITY EASEMENT. The Association may grant permits, licenses, and easements over Common Areas for utilities, roads, and other purposes necessary for the proper operation of the Property. A company or entity, public or private, including without limitation a municipal utility district, furnishing utility service to the Property, is granted an easement over the Property for ingress, egress, meter reading, maintenance, repair, or replacement of utility lines and equipment, and to do anything else necessary to properly maintain utility service to the Property; provided, however, this easement may not be exercised without prior notice to the Board. Utilities may include, but are not limited to, water, sewer, trash removal, electricity, gas, telephone, master or cable television, internet service, and security.
3.9. NOTICE OF MUD. On the date of this Declaration, Declarant anticipates that every portion of the Property will be in one of 2 planned municipal utility districts (individually a “MUD”) and collectively, the “MUDs”). The purpose of a MUD is to provide water, sewer, drainage, or flood control facilities and services within the MUD through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of a Lot, and these utility facilities are owned or to be owned by the applicableM UD. A MUD has taxing authorities separate from any other taxing authority and may subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. A MUD has authority to adopt and impose a standby fee on property in the district that has water, sanitary sewer, or drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity
available to the property. The MUD may exercise the authority without holdil)g an election on the matter. An unpaids tandby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property.T he MUD is located in whole or in part in the extraterritorial jurisdiction of a city which, by law, may annex the MUD without the consent of the MUD or the MUD voters. When a MUD is annexed, the MUD is dissolved.
3. 10. NOTICE OF ET J, On the date of this Declaration, all of the Property is located outside the limits of a municipality, but within the extraterritorial jurisdiction (the “ET J”) of one or more cities, which means the Property may be subject to annexation by a city.
3.11. MINERAL RIGHTS. Some or all of the Property is or may be subject to one or more reservations of oil, gas, or mineral rights in favor of one or more previous owners of the Property, pursuant to one or more deeds recorded in the county’s public records, including but not limited to rights to all oil, gas, or other minerals lying on, in, or under the Property and surface rights of ingress and egress. Declarant hereby reserves unto itself, its successors and assigns, all water rights and all outstanding oil, gas and other minerals in and under and that may be produced from the Property, waiving however, the right of ingress and egress for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals and removing same therefrom. An instrument conveying or reserving a mineral interest recorded prior to this Declaration is a superior interest in the Property and is not affected by any provision to the contrary in this Declaration. By accepting title to or interest in a Lot, every Owner acknowledges the existence of the mineral rights or reservations that are publicly recorded and the attendant rights in favor of the owner of the mineral interest. However, to the extent any Owner becomes an owner of a mineral interest, such Owner hereby irrevocably waives in perpetuity on behalf of itself and its successors and assigns, any right such mineral interest owner or its successor and assigns has to use the surface of the Property for the exploration of oil, gas or other minerals, together with the right to use any portion of the surface of the Property for ingress or egress far such purposes.
3.12. NOTICE OF LIMITATION ON LIABILITY. The development of the Property occurs during a period when many local governments are trying to be absolved of liability for flood damage to private property. As a condition of plat approval, a governmental entity may require a plat note that not only disavows the entity’s liability for flood damage, but affirmatively assigns the liability to the Association. Declarant does not intend or desire to impose such absolute liability on the nonprofit association of Lot Owners. Notwithstanding plat notes or public codes or ordinances now in existence or hereafter created, the Association cannot and should not be liable for acts of God or for propertyd amaget hat is not the result of the Association’s negligence or willful misconduct. On behalf of the Association, Declarant hereby gives notice that the Association does not accept liabilities imposed by any governmental entity for which the Association cannot obtain insurance at a reasonable cost, or for which its members refuse to fund reserve accounts at levels sufficiently high to pay the damages for which the governmental entity may seek to make the Assoe;iation liable. This notice is not intended to create a liability for any governmental entity. Further, this notice may not be construed to create a duty for the Association to obtain insurance or to fund reserve accounts for damage from rising waters.
3.13. SECURITY. The Association may, but is not obligated to, maintain or support certain activities within the Property designed, either directly or indirectly, to improve safety in or on the Property. Each Owner and Resident acknowledges and agrees, for himself and his guests, that Declarant, the Association, and their respective directors, officers, committees, agents, and employees are not providers, insurers, or guarantors of security within the Property. Each Owner and Resident acknowledges and accepts his sole responsibility to provide security for his own person·and property, and assumes all risks for loss or damage to same. Each Owner and Resident further acknowledges that Declarant, the Association, and their respective directors, officers, committees, agents, and employees have made no representations or warranties, nor has the owner or Resident relied on any representation or warranty, express or implied, including any warranty of
merchantability or fitness for any particular purpose, relative to any fire, burglar, and/or intrusion systems recommended or installed, or any security measures undertaken within the Property. Each Owner and Resident acknowledges and agrees that Declarant, the Association, and their respective directors, officers, committees, agents, and employees may not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken.
3.14. RISK. Each Resident uses all Common Areas at his own risk. All Common Areas are unattended and unsupervised. Each Resident is solely responsible for his own safety and that of his guests.
The Association disclaims any and all liability or responsibility for injury or death occurring from use of the
Common Areas.
3.15 OBLIGATION OF DECLARANT. Declarant has installed and constructed, or caused to be installed and constructed, or will install and construct, various improvements and infrastructure as determined by Declarant in such condition as required in order to obtain approval of the Plat. DECLARANT SHALL HAVE NO FURTHER OBLIGATION WHATSOEVER TO CONSTRUCT ANY IMPROVEMENTS ON THE PROPERTY OR MAINTAIN ANY OF SAME, OR OTHERWISE FUND OR BE UABLE FOR ANY MATTERS CONCERNING SUCH IMPROVEMENTS OR OTHERWISE RELATED TO THE PROPERTY. DECLARANT SHALL HAVE NO LIABILITY FOR AND IS HEREBY RELEASED FROM ALL CLAIMS, CAUSES OF ACTION, COSTS AND EXPENSES ARISING IN CONNECTION WITH SUCH IMPROVEMENTS AND INFRASTRUCTURE OR ANY DEFECTS THEREIN, EVEN IF DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF DECLARANT, expressly including any liability with respect to soil conditions and any remediation effort conducted by or on behalf of Declarant made to mitigate soil conditions.
ARTICLE 4
ALLOCATION OF VOTES AND ASSESSMENT OBLIGATIONS
4.1. ALLOCATION OF INTERESTS. The vote and Assessment obligation of each Lot is allocated in accordance with the formulas set out in this Article. The same formulas are to be used in allocating votes and Assessment obligations if Lots are added to the Property. The date on which the annexation amendment or supplemental declaration by which additional Lots become subject to this Declaration is recorded in the applicable county’s Real Property Records is the effective date for assigning votes and Assessment obligations to those Lots.
4.2. VOTES. Every Lot has at least one vote, as described below. If additional property is made subject to this Declaration, the total number of votes will be increased automatically by the number of additional Single Family Lots or quarter-acre tracts. All references to acreage in this Section refer to the gross area. The vote of each Single Family Lot and quarter acre is uniform and equal to the vote appurtenant to every other Lot, regardless of the value, size, or location of the Lot or the improvements thereon, except during the Declarant Control Period as permitted in Appendix B:
a. Each Single Family Lot has one vote only.
b. If a Lot other than a Single Family Lot has a gross area less than a quarter acre in size, the Lot has one vote only.
c. If a Lot other than a Single Family Lot has a gross area greater than a quarter acre, the Lot has one vote for the first quarter acre of gross area and an additional vote for each additional full quarter acre of gross area (the equivalent of 4 votes per acre of gross area), which must be cast as a block and may not be divided for purposes of voting.
d. Notwithstanding the foregoing, if part of the Property is developed with condominium units or attached Single Family housing, Declarant may amend this Declaration to provide for not more than one vote per individually owned and individually taxed condominium unit or town home. A per-dwelling vote does not apply to a multi-family rental development on a Lot, for which votes are based on acreage.
4.3. ASSESSMENTS. The basis of liability for common expenses allocated to each Lot is based on the same formula for votes.
ARTICLE 5
ARCHITECTURAL COVENANTS AND CONTROL
5.1. PURPOSE: Because the Lots are part of a single, unified community, this Declaration creates rights to regulate the design, use, and appearance of the Lots and Common Areas in order to preserve and enhance the Property’s value and architectural harmony. One purpose ofthis Article is to promote and ensure the level of taste, design, quality, and harmony by which the Property is developed and maintained. Another purpose is to prevent improvements and modifications that may be widely considered to be radical, curious, odd, bizarre, or peculiar in comparison to then existing improvements. A third purpose is to regulate the appearance of every aspect of proposed or existing improvements on a Lot, including but not limited to buildings, fences, landscaping, retaining walls, yard art, sidewalks and driveways, and further including replacements or modifications of original construction or installation. During the Development Period, a primary purpose of this Article is to reserve and preserve Declarant’s right of architectural control.
5.2. ARCHITECTURAL CONTROL DURING THE DEVELOPMENT PERIOD. During the Development Period, neither the Association, the board of directors, nor a committee appointed by the Association or Board (no matter how the committee is named) may involve itself with the approval of new homes on vacant Lots.
5.2.1. Declarant’s Rights Reserved. Each Owner, by accepting an interest in or title to a Lot, whether or not it is so expressed in the instrument of conveyance, covenants and agrees that Declarant has a substantial interest in ensuring that the improvements within the Property enhance Declarant’s reputation as a community developer and do not impair Declarant’s ability to market its property or the ability of Builders to sell homes in the Property. Accordingly, each Owner agrees that, during the Development Period, no improvements will be started or progressed on an Owner’s Lot without the prior written approval of Declarant, which approval may be granted or withheld at Declarant’s sole discretion In reviewing and acting on an application for approval, Declarant may act solely in its self-interest and owes no duty to any other person or any organization. Declarant may designate one or more persons from time to time to act on its behalf in reviewing and responding to applications.
5.2.2. Delegation by Declarant. During the Development Period, Declarant may from time to time, but is not obligated to, delegate all or a portion of its reserved rights under this Article to (1) an architectural control committee appointed by the Board, or (2) a committee comprised or architects, engineers, or other persons who may or may not be members of the Association. Any such delegation must be in writing and must specify the scope of delegated responsibilities. Any such delegation is at all times subject to the unilateral rights of Deel a rant ( 1) to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated and (2) to veto any decision which Declarant in its sole discretion determines to be inappropriate or inadvisable for any reason.
5.3. ARCHITECTURAL CONTROL BY ASSOCIATION. Unless and until such time as Declarant delegates all or a portion of its reserved rights to the Architectural Control Committee (the “ACC”), or the Development Period is terminated or expires, the Association has no jurisdiction over architectural matters. On termination or expiration of the Development Period, or earlier if delegated in writing by Declarant, the Association, acting through the ACC will assume jurisdiction over architectural control.
5.3.1. ACC. The ACC will consist of atleast 3 but not more than 7 persons appointed by the Board, pursuant to the bylaws of the Association. Members of the ACC serve at the pleasure of the Board and may be removed and replaced at the Board’s discretion. At the Board’s option, the Board may act as the ACC, in which case all references in the Documents to the ACC are construed to mean the Board. Members of the ACC need not be Owners or Residents, and may but need not include architects, engineers, and design professionals whose compensation, if any, may be established from time to time by the Board.
5.3.2. Limits on Liability. The ACC has sole discretion with respect to taste, design, and all standards specified by this Article.• The members of the ACC have no liability for the ACC’s decisions made in good faith, and which are not arbitrary or capricious. The ACC is not responsible for: (1) errors in or omissions from the plans and specifications submitted to the ACC, (2) supervising construction for the Owner’s compliance with approved plans and specifications, or (3) the compliance of the Owner’s plans and specifications with governmental codes and ordinances, state and federal laws. BEFORE MAKING ANY IMPROVEMENT OR ALTERATION TO A LOT OR BUILDING, A BUILDER OR OWNER MUST APPLY FOR WRITTEN APPROVAL.
5.4. PROHIBITION OF CONSTRUCTION, ALTERATION & IMPROVEMENT Without the Reviewer’s prior written approval, a person may not construct a building or make an addition, alteration, improvement, installation, modification, redecoration, or reconstruction of or to the Property, if it will be visible from a street, another Lot, or the Common Area. The Reviewer has the right but not the duty to evaluate every aspect of construction, landscaping, and property use that may adversely affect the general value or appearance of the Property. Notwithstanding the foregoing, after the plans and specifications for a singlefamily residential dwelling to be constructed on a Lot have been submitted by an Approved Builder and approved by the Reviewer pursuant to Section 5.6, such Approved Builder shall not be required to obtain an additional approval of any additional or subsequent single-family residential dwelling to be constructed by such Approved Builder using the same plans and specifications; however, any such additional or subsequent single family residential dwelling must otherwise comply with the terms of this Declaration and in no event may (1) the same exterior elevation and floor plan be used mare often than every third (3”) house along the same street, (2) the same floor plan with different exterior elevation be used more often than every second (2nd) house, and (3) the same exterior elevation and floor plan be used for houses across the street from each other
5.5 APPROVED BUILDER LIST. The Declarant, during the Development Period, and thereafter, the Architectural Control Committee may, from time to time, publish and promulgate an Approved Builder List which shall set forth the names, addresses and other pertinent information relating to the Approved Builders. The names of and the numbers of Approved Builders may change from time to time at the direction of the Declarant, during the Development Period, and thereafter, the Architectural Control Committee. In no event shall any Owner of a Lot engage any contractor or subcontractor, other than an Approved Builder, for the purposes of constructing ·an improvement on a Lot, other than minor repairs or replacements, without the prior written approval of the Declarant, during the Development Period, and thereafter, the Architectural Control Committee.
5.6. ARCHITECTURAL APPROVAL. To request architectural approval, an Owner must make written application and submit 2 identical sets of plans and specifications (3 identical sets of plans and specifications in total shall be required for the submissions pursuant to this Section 5.6 and Section 6.2.1) showing the nature, kind, shape, color, size, materials, and locations of the work to be performed. The application must clearly identify any requirement of this Declaration for which a variance is sought. The Reviewer will return one set of plans and specifications to the applicant marked with the Reviewer’s response, such as “Approved,” “Denied,” or “More Information Required.” The Reviewer will retain the other set of plans and specifications, together with the application, for the Reviewer’s files. Verbal approval by a Reviewer, the Declarant, an Association director or officer, a member of the ACC, or the Association’s manager does not constitute architectural approval by the appropriate Reviewer, which must be in writing.·
5.6.1. Deemed Disapproval. If an Owner has not received the Reviewer’s written approval or denial within 15 business days after delivering his complete application to the Reviewer, the request shall be deemed to have been disapproved by the Reviewer.
5.6.2. No Approval Required. No approval is required to repaint exteriors in accordance with an ACC-approved color scheme, or to rebuild a building in accordance with originally approved plans and specifications. Nor is approval required for an Owner to remodel or repaint the interior of a building.
5.6.3. Building Permit. The Reviewer’s approval is conditioned on the issuance of a Building Permit by the Reviewer pursuant to the provisions of Section 6.2. The Reviewer’s approval of plans and specifications pursuant to this Article 5 does not mean that they comply with the requirements of the Reviewer set forth in Section 6.2.1 for the issuance of a Building Permit. Alternatively, issuance of a Building Permit does not ensure Reviewer approval pursuant to this Article 5. Notice is hereby.given to all interested parties that the Owner will be required to pay a fee for issuance of a Building Permit and for the inspections required by the Reviewer pursuant to Section 6.2.1 and Section 6.2.2
5.6.4. DeclarantApproved. Notwithstanding anything to the contrary in this Declaration, any improvement to the Property made or approved by Declarant during the Development Period is deemed to have been approved by the ACC. Approved Material Matrix. At such time as the ACC has approved a construction material or color, such approved material or color shall be noted on an “Approved Material Matrix” to be maintained by the ACC and made available to Approved Builders and Owners.
5.7. ARCHITECTURAL GUIDELINES. Declarant during the Development Period, and the Association thereafter, may publish architectural restrictions, guidelines, and standards, which may be revised from time to time to reflect changes in technology, style, and taste.
ARTICLE 6
CONSTRUCTION AND USE RESTRICTIONS
6.1. VARIANCE. The use of the Property issubjectto the restrictions contained in this Article, and subject to rules adopted pursuantto this Article. The Board or the Architectural Reviewer, as the case may be, may grant a variance or waiver of a restriction or rule on a case-by-case basis when unique circumstances dictate, and may limit or condition its grant. To be effective, a variance must be in writing. The grant of a variance does not effect a waiver or estoppel of the Association’s right to deny a variance in. other circumstances.
6.2. CONSTRUCTION. All improvements on a Lot must (1) have the Architectural Reviewer’s prior written approval pursuant to Article 5, (2) comply with any applicable ordinances and codes of governmental entities and the 2003 International Residential Code, or such other similar standard as shall be designated from time to time by the Board (the “Minimum Standards”), (3) have a Building Permit issued by the Reviewer pursuant to the procedures set forth in Section
6.2.1, (4) have intermediary and final completion inspection reports issued by a construction consultant designated from time to time by the Reviewer pursuant to the procedures set forth in Section 6.2.2 indicating that the improvements have been constructed in accordance with the plans and specifications approved by the Architectural Reviewer pursuant to Article 5 and Section 6.2.1 and the Minimum Standards. These 4 requirements are independent- one does not ensure or eliminate the need for another. The Lot Owner and/or Owner’s contractor must comply with all 4 requirements.
6.2. 1 Building Permit Because the jurisdiction that the Property is located in does not require that a building permit be issued prior to the commencement of construction, an Owner, prior to commencement of construction of any improvement on a Lot and contemporaneously with submission of the Owner’s application to the Reviewer for architectural approval pursuant to Section 5.6, must make written application to the Reviewer for issuance of and obtain from the Reviewer an approval to commence construction (a “Building Permit”). An Owner shall submit an additional set of plans and specifications showing the nature, kind, shape, color, size, materials, and locations of the work to be performed (3 identical sets of plans and specifications in total shall be required for the submissions pursuant to Section 5.6 and this Section 6.2.1). The Reviewer shall designate a construction consultant to review the plans and specifications on behalf of the Reviewer to help ensure that the improvements comply with the Minimum Standards. A reasonable charge may be made for such review and issuance of a Building Permit and shall be paid to the Reviewer by the Owner of lhe·Lot upon submission of the application for issuance of a Building Permit The Reviewer will notify an Owner if the submission is approved to commence construction pursuant to this Section 6.2.1 or if such approval is denied. Verbal approval by the Reviewer, a consultant, an Association director or officer, or the Association’s manager does not constitute issuance of the Building Permit, which must be in writing. If an Owner has not received the Reviewer’s written approval or denial of a Building Permit within 15 business days after delivering his complete application to the Reviewer, the request shall be deemed to have been disapproved by the Reviewer. The Reviewer will retain the additional set of plans and specifications for use by the construction consultant in connection with the inspections to be performed pursuant to Section 6.2.2.
6.2.2 Completion of Construction. Because the jurisdiction that the Property is located indoes not require and/or provide for regular inspections during the construction process acceptable to Declarant, an Owner must obtain and submit to the Reviewer the following: (a) prior to pouring of the foundation, a form survey and an inspection report issued by a construction consultant designated from time to time by the Reviewer indicating that the improvements have been constructed in accordance with the plans and specifications approved by the Architectural Reviewer pursuant to Article 5 and Section 6.2.1 and the Minimum Standards, (b) upon completion of framing and prior to installation of drywall, an inspection report issued by a construction consultant designated from time to time by the Reviewer indicating that the improvements have been constructed in accordance with the plans and specifications approved by the Architectural Reviewer pursuant to Article 5 and Section
6.2.1 and the Minimum Standards, and {c) upon completion of construction (including completion of all fencing and landscaping) and prior to the occupancy of any improvement, a final inspection report (the “Final Inspection Report”) issued by a construction consultant designated from time to time by the Reviewer, indiciating that the improvements (including all fencing and landscaping) have been completed and constructed in accordance with the plans and specifications approved by the Architectural Reviewer pursuant to Article 5 and Section 6.2.1 and the Minimum Standards .. A reasonable charge may be made for such inspections and shall be paid to the designated construction consultant by the Owner of the Lot
6.2.3 Release of Liability. Neither the Declarant nor the Association shall have any liability relating to or resulting from such review and/or inspections, as such review and/or inspections are not a warranty, guaranty or representation as to the condition or integrity of the plans and specifications and construction or their compliance with any rules, regulations, laws, codes, ordinances or standards. The Lot Owner and/or builder is responsible for the integrity of the plans and specifications and construction on its Lot or Lots and their compliance with all applicable rules, regulations, laws, codes, and standards. Notwithstanding that the Declarant, Association or its designated consultant has approved plans and specifications and/or inspected the improvements, neither the Declarant nor the Association will be responsible or liable to any Owner, developer or contractor with respect ta any loss, liability, claim or expense which may arise by reason of such approval of the construction of the improvements. Each Owner should obtain whatever soil reports, foundation studies and/or engineering studies the Owner deems necessary to determine the condition or integrity of the plans and specifications and construction or their compliance with any rules, regulations, laws, codes, ordinances or standards. NONE OF THE DECLARANT, ANY GENERAL PARTNER OF THE DECLARANT, THE ASSOCIATION, THE BOARD, THE ARCHITECTURAL REVIEWER, OR THE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES OR AGENTS OF ANY OF THEM WILL BE RESPONSIBLE IN ANY WAY FOR ANY DEFECTS IN ANY PLANS OR SPECIFICATIONS SUBMITTED, REVISED OR APPROVED IN ACCORDANCE WITH THE PROVISIONS OF THIS DECLARATION, NOR FOR ANY STRUCTURAL OR OTHER DEFECTS IN ANY WORK DONE ACCORDING TO SUCH PLANS AND SPECIFICATIONS OR INSPECTED PURSUANT TO THE PROVISIONS. OF THIS DECLARATION.
6.3. RULE-MAKING. The Association, acting through its Board, is granted the right to adopt, amend, repeal, and enforce reasonable Rules, and penalties for infractions thereof, as limited by the terms of this Declaration and applicable law, regarding the occupancy, use, disposition, maintenance, appearance, and enjoyment of the Property. In addition to the restrictions contained in this f.rticle, each Lot is owned and occupied s~bject to the right of the Board to establish Rules, and penalties for infractions thereof, governing:
a. Use of Common Areas.
b. Hazardous, illegal, or annoying materials or activities on the Property.
c. The use of Property-wide services provided through the Association.
d. The consumption of utilities billed to the Association.
e. The use, maintenance, and appearance of exteriors of buildings and Lots.
f. Landscaping and maintenance of yards and grounds.
g. The occupancy and leasing of buildings, including dwellings.
h. Animals:
i. Vehicles.
j. Disposition of trash and control of vermin, termites, and pests.
k. Anything that interferes with maintenance of the Property, operation of the Association, administration of the Documents, or the quality of life for Residents.
6.4. ANIMAL RESTRICTIONS. No animal, bird, fish, reptile, or insect of any kind may be kept, maintained, raised, or bred anywhere on the Property for any commercial purpose or for food. Customary domesticated household pets may be kept for personal companionship subject to rules adopted by the Board. The Board may adopt, amend, and repeal rules regulating the types, sizes, numbers, locations, and behavior of animals at the Property. If the rules fail to establish animal occupancy quotas, no more than 4 dogs and/or cats may be maintained on each Lot. If the rules fail to establish prohibitions on certain animal types, vicious dog breeds such as pit bulls rottweilers are prohibited. Pets must be kept in a manner that does not disturb the peaceful enjoyment of Residents of other Lots. Pets must be maintained inside the building, and may be kept in a fenced yard only if they do not disturb Residents of other Lots or persons using other Lots or the Common Areas.
6.5. ANNOYANCE. No Lot or Common Area may be used in anyway that: (1) may reasonably be considered annoying to neighbors; (2) may be calculated to reduce the desirability of the Property as a residential neighborhood; (3) may endanger the health or safety of Residents of other Lots; (4) may result in
the cancellation of insurance on the Property; or (5) violates any law” The Board has the sole authority to determine what constitutes an annoyance.
6.6. APPEARANCE. Both the Lot and the improvements thereon must be maintained in a manner so as not lo be unsightly when viewed from the street or neighboring Lots. The Architectural Reviewer is the arbitrator of acceptable appearance standards.
6.7. CONTROVERSY. To encourage a harmonious community environment, no person may engage in picketing, public protests, or gang activity on any Lot, in Common Areas, or in public areas in or adjacent to the Property. Signs, photographs, pictures, slogans, symbols, words, graffiti, or decorations intended to create controversy, invite ridicule or hostility, or interfere with the exercise of lawful and permitted property uses are expressly prohibited anywhere on the Property, including but not limited lo yard signs and vehicle displays.
6.8. DEBRIS. No Lot or other part of the Property may be used as a dumping ground. Waste materials incident to construction or repair of improvements on a Lot may be stored in a waste container situated temporarily on the Lot during construcfion while work progresses and which container and all waste materials must be removed when construction or repair is complete.
6.9. DECLARANT PRIVILEGES. In connection with the development and marketing of the Property, Declarant has reserved a number of rights and privileges to use the Property in ways that are not available to other Owners and Residents, as provided in Appendix B of this Declaration. Declarant’s exercise of a Development Period right that appears lo violate a rule or a use restriction of this Article does not constitute waiver or abandonment of the restriction by the Association.
6.1o. DRAINAGE. No person may interfere with the established drainage pattern over any part of the Property unless an adequate alternative provision for proper drainage has been approved by the Board.
6.11. FIRES. Except for barbecue grills, no exterior fires on the Property are permitted.
6.12. GUNS. Hunting and shooting are not permitted anywhere on or from the Property.
6.13. LANDSCAPING. No person may perform landscaping, planting, or gardening on the Common Area without the Board’s prior written authorization.
6.14. MINING. The following are not permitted anywhere in, on, or under the Property: (1) oil, mineral or gas drilling, (2) oil, mineral or gas development operations, (3) oil or gas refining, quarrying or mining operation, (4) leases for oil, gas, or mineral exploration, (5) oil wells, tanks, tunnels, mineral
excavations, shafts, derricks or other structure designed for boring or storage of oil , gas or minerals.
6.15 NOISE & ODOR. A Resident must exercise reasonable care to avoid making or permitting to be made loud, disturbing, or objectionable noises or noxious odors that are likely to disturb or annoy Residents of neighboring Lots. The Rules may prohibit the use of noise-producing security devices and wind chimes.
6.16. SIGNS. Except for the signs permitted below for Single Family Lots, no other sign or unsightly object may be erected, placed, or permitted to remain on the Property or to be visible from windows in a building without the Board’s prior written approval. The Board’s approval may specify the location, nature, appearance, dimensions, number, and time period of a sign or object The Association may effect the removal of any sign or object that violates this Section or which the Board deems inconsistent with the Property’s standards without liability for trespass or any other liability connected with the removal.
6.17 TELEVISION. Each Owner and Resident of the Property will avoid doing or permitting anything to be done that may unreasonably interfere with the television, radio, telephonic, electronic, microwave, cable, or satellite reception on the Property. Antennas, satellite or microwave dishes, and receiving or transmitting towers that are visible from a street or from another Lot are prohibited within the Property, except (1) reception-only antennas or satellite dishes designed lo receive television broadcast signals, (2) antennas or satellite dishes that are one meter or less in diameter and designed to receive direct broadcast satellite service (DBS), or (3) antennas or satellite dishes that are one meter or less in diameter or diagonal measurement and designed to receive video programming services via multipoint distribution services (MDS) (collectively, the “Antenna”) are permitted if located (a) inside the structure (such as in an attic or garage) so as not to be visible from outside the structure, (b) in a fenced yard, or (c) attached Jo or mounted on the rear wall of a structure below the eaves, and provided there are no more than 2 Antennas per Lot. If an Owner determines that an Antenna cannot be located in compliance with the above guidelines without precluding reception of an acceptable quality signal, the Owner may install the Antenna in the least conspicuous location on the Lot where an acceptable quality signal can be obtained. The Association may adopt reasonable rules for the location, appearance, camouflaging, installation, maintenance, and use of the
Antennas to the extent permitted by public law.
6.18. TEMPORARY STRUCTURES. Except for “accessory_ sheds” as described above, improvements or structures of a temporary or mobile nature, such as tents, portable sheds, and mobile homes, may not be placed on a Lot if visible from a street or another Lot. However, an Owner or Owner’s contractor may maintain a temporary structure (such as a portable toilet or construction trailer) on the Lot during construction of the building.
6.19. VEHICLES. All vehicles on the Property, whether owned or operated by the Owners, lessees, Residents, or their respective invitees, families, and guests, are subject to this Section and Rules adopted by the Board. The Board may adopt, amend, and repeal rules regulating the types, sizes, numbers, conditions, uses, appearances, and locations of vehicles on the Property, and may adopt different rules for parts of the Property. Without prior written Board approval, the following types of vehicles and vehicular equipment – mobile or otherwise – may not be kept, parked, or stored anywhere on the Property if the vehicle is visible from a street or from another Lot: mobile homes, motor homes, buses, trailers, boats, aircraft, inoperable vehicles, commercial truck cabs, trucks with tonnage over one ton, vehicles which are not customary personal passenger vehicles, and any vehicle which the Board deems to be a nuisance, unsightly, or inappropriate.
This restriction includes overnight parking on streets, driveways, and alleys. This restriction does not apply to vehicles and equipment temporarily on the Property in connection with the construction or maintenance of a dwelling. Vehicles that transport inflammatory or explosive cargo are prohibited from the Property at all times. The Association may effect the removal of any vehicle in violation of this Section or the Rules without liability to the Owner or operator of the vehicle.
6.20. SINGLE FAMILY LOT CONSTRUCTION RESTRICTIONS. Without the prior written approval of a variance by the Architectural Reviewer, improvements constructed on every Single Family Lot must have the minimum characteristics described below, which may be treated as the minimum requirements for improving and using a Single Family Lot Subject to the limitation set forth in the foregoing sentence: (a) Declarant may impose additional or different construction restrictions on certain parts of the Property by recordation of an amendment or supplement of this Declaration and (b) the Architectural Reviewer may promulgate additional rules and restrictions, as well as interpretations, additions, and specifications of the restrictions contained in this Article. An Owner should review the Property’s architectural restrictions, if any, before planning improvements, repairs, or replacements to his Single Family Lot and dwelling.
6.20.1. Houses. The principal improvement on a Single Family Lot must be one detached Single Family dwelling with a minimum fioor area for interior air-conditioned space of 1,200 square feet. The dwelling size, setbacks, and exterior materials must comply with the minimum requirements set forth in this Declaration, with applicable ordinances and with any higher standards established by the Architectural Reviewer.
6.20.2. Setbacks. No improvement may be erected, altered, placed or permitted to remain on any Lot nearer to the front, side and rear lot lines of any than the minimum distance of setback set forth below with respect to such applicable lot line for such Lot:
- 20′ setback on rear property line
- 20′ setback on front property line
- 5′ setback on side property lines (except corner Lots with respect to which a 15′ setback on the side property line adjoining a street shall be required)
6.20.3. New Construction. The dwelling must be constructed on the Lot A dwelling or addition constructed elsewhere may not be moved onto a Lot. At the start of construction – but not before – building material lo be used in the construction may be stored on the Lot. Once started, the
dwelling and all improvements on the Lot must be completed with due diligence.
6.20.4. Exterior Wall Materials. Exterior wall materials must be approved by the Architectural Reviewer. Generally, at least 75 percent of the dwelling’s total exterior area, minus windows and doors, must be masonry or masonry veneer, such as brick, stone, stucco, concrete or other cementuous product; provided, however, concrete bricks are permitted only if approved by the Architectural Reviewer as to color and manufacturer. Fireplaces situated on exterior walls must be encased in brick. All siding must be HardiPlank. HardiPlank shall not be considered masonry or masonry veneer for purposes of calculating the 75 percent exterior coverage requirement. Dwellings adjacent to a Thoroughfare Street and more than one story must be 100 percent masonry or masonry veneer.
6.20.5. Roofs. Roofs must be covered with material having a manufacturer’s warranty of at least 20 years. The use of fiberglass shingles is permitted. The color of roofing material must be weathered wood or an equivalent earth tone color. The minimum roof pitch required is 6:12 (that is, 6 inches of rise for every 12 inches of run). The Architectural Reviewer may permit or require other weights, materials, and colors.
6.20.6. Garage & Driveway. Each dwelling must have an attached garage for at least two standard-size cars with garage doors installed. If the Loi has alley access, the garage ·must be a rear or side entry using the alley for access. The driveway must be surfaced with concrete.
6.20.7. Landscaping. Landscaping must be installed on the front and side yards of the Lot and must be completed prior to issuance of a Final Inspection Report. Each Owner shall plant and maintain within their front and side yard area the following plant materials:
- Trees – one 2 inch caliper or greater as measured 6 inches from the ground.
- Shrubs -one 5-7 gallon accent shrub and eighteen 3 gallon shrubs.
- Lawn Grass – sod, any variety.
6.20.8. Accessories. Installation of all exterior items and surfaces, including address numbers, decorative hardware, external ornamentation, lights fixtures,. landscape and security lighting, attic ventilators, awnings and screens, flagpoles and flags, fountains, gutters and downspouts, shutters, skylights, storm screens, trellises, arbors, and exterior paint and stain, is subject to the Architectural Reviewer’s prior approval, including approval of design, color, materials, and location.
6.20.9. Mailboxes. One 4×4 cedar mailbox pedestal shall be shared by 2 Lots, with 2 mailboxes affixed to 1 pedestal. The Architectural Reviewer may require a uniform size and style of mailbox.
6.20.10. Fences & Walls. This Section is subject to the Architectural Reviewer’s right to adopt additional or different specifications for construction or reconstruction of fences. The height of all fences must be 6 feet from the finished.grade of the Lot. All fences must be constructed of spruce or better quality fiat top pickets and must have a rail no less than 6 inches from the top of the finished fence. Fences that face F.M. 720, Travis Ranch Boulevard and streets intersecting Travis Ranch Boulevard (to the next intersecting street) must be constructed of cedar with steel posts, and stained with a light neutral stain consistently applied in a color selected by the Architectural Reviewer. Retaining walls must be constructed entirely with Architectural Reviewer-approved materials, however railroad ties may not be used for a retaining wall visible from a street. Fences may not be constructed between a dwelling’s front building line and the street. The use of chain link fencing is prohibited. Construction of all fences must be completed prior to issuance of a Final Inspection Report.
6.20, 11, Fences along Streets and Common Lot Lines, Any fence or portion thereof that faces a public street shall be constructed so that all structural members and posts will be on the side of the fence away from the street so that they are not visible from any public right-of-way. With respect to fencing constructed along any common Lot line, unless otherwise approved in writing by the Architectural Reviewer: (1) only one fence shall be constructed along a common Lot line; and (2) after a fence has been constructed along a common Lot line, the Owner of the adjacent Lot shall be entitled to attach fencing materials which otherwise comply with the provisions of this Section to the structure of the existing fence constructed along such common Lot line provided that additional poles or posts at
four feet (4′) on center are installed to support the additional weight on the fence. The Owners of Lots adjacent to Travis Ranch Boulevard shall be entitled to attach fencing materials which otherwise comply with the provisions of this Section to the structure of the existing fence constructed by the Declarant
along Travis Ranch Boulevard,
6.20.12. Fence Stain, Wood fences must be stained with an Architectural Reviewer-approved color. The Architectural Reviewer may require a uniform color of stain. Wood. fences may·not be painted.
6.20.13. Utilities, All utility lines and equipment must be localed underground, except for: (1) elevated or surface lines or equipment required by a public utility or the city; (2) elevated or surface lines or equipment installed by Declarant as part of the development plan; and (3 surface equipment necessary to maintain, operate, or read underground facilities, such as meters, risers, service pedestals, and transformers. Each Lat will use water and sewage systems provided by a utility district or a city. Individual water supply and sewage disposal systems are not permitted,
6.20.14. Air Conditioners. Air conditioning equipment may not be installed in the front yard of a dwelling. Window units are prohibited. The Architectural Reviewer may require that air-conditioning equipment and apparatus be visually screened from the street and neighboring Lots.
6.20.15. No Subdivision, No Single Family Lot may be subdivided. One or more Lots may be replatted with the approval of all Owners of the Lots directly affected by the replatting, and subject to the approval of the city, The parties executing the replat will provide a copy of the recorded replat to the Association. Replatting of Single Family Lats may not alter the number of votes and Assessments allocated to the Single Family Lots as originally platted. If rsplatting reduces the number of Single Family Lots by combining Lots, the joined Lot will have the votes and Assessments allocated to the Lots as originally platted.
6.21. SINGLE FAMILY LOT USE RESTRICTIONS.
6.21,1. Accessory Structures. Without the prior written approval of the Architectural Reviewer, accessory structures -such as dog houses, dog runs, decks, patios, gazebos, storage sheds, playhouses, play equipment, pools, spas, tubs, basketball backboards and other sports apparatus and greenhouses -are prohibited (not allowed), To be approved by the Architectural Reviewer, an accessory storage shed must have the following features:
GET ARCHITECTURAL APPROVAL BEFORE YOU SHOP FOR OR BEGIN CONSTRUCTION OF A STORAGE SHED.
- Only one per Lot.
- Designed for outdoor use.
- Less than 6 feet in height at the ridge line of the roof.
- Less than 100 square feet of floor space (e.g. 10′ x 10′).
- Visually harmonious with the house or fence to which it is most visually related or physically attached, including matching major materials such as siding and roofing, dominant colors, construction details, and pitch of roof.
- Screened by a fence or acceptable landscape material so it is not visible to a person standing on the surface of an adjoining Lot or street.
- Not located in front yards or in unfenced portions of side yards facing streets.
- If an accessory structure is installed in violation of this Section, the Architectural Reviewer reserves the right to determine that the accessory structure is unattractive or inappropriate or otherwise unsuitable for the Property, and may require the Owner to screen it or to remove it.
6.21.2. Clotheslines. A Resident may not hang, shake, or otherwise display linens, clothing, towels, rugs, shoes, mops, bedding, or other similar items in a yard, on a fence, or from windows and doors. Outside clotheslines and drying racks are prohibited.
6.21.3. Driveways. The driveway portion of a Lot may not be used for any purpose that interferes with its ongoing use as a route of vehicular access to the garage. Without the Board’s prior approval, a driveway may not be used: (1) for storage purposes, including storage of boats, trailers, motor homes, and inoperable vehicles; or (2) for repair or restoration of vehicles.
6.21 .4. Garages. Without the Board’s priorwritten approval, the original garage area of a Lot may not be enclosed or used for any purpose that prohibits the parking of two standard-size operable vehicles therein. Garage doors are to be kept closed at all times except when a vehicle is entering or leaving.
6.21.5. Leasing of Homes. An Owner may lease the dwelling on his Lot. Whether or not it is so stated in a lease, every lease is subject to the Documents. An Owner is responsible for providing his tenant with copies of the Documents and notifying him of changes thereto. Failure by the tenant or his invitees to comply with the Documents, federal or state law, or local ordinance is deemed to be a default under the applicable lease. When the Association notifies an Owner of his tenant’s violation, the Owner will promptly obtain his tenant’s compliance or exercise his rights as a landlord for tenant’s breach of lease. If the tenant’s violation conlin·ues or is repeated, and if the Owner is unable, unwilling, or unavailable to obtain his tenant’s compliance, then the Association has the power and right to pursue the remedies of a landlord under the lease or state law for the default, including eviction of th