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Countsa, Roanding ATC br PnowamdOaka
687-00-1309 V
STATE OF TEXAS
COUNTY OF MONTGOMERY §
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
THOUSAND OAKS ESTATES SUBDIVISION
SECTION 2
1488 LAND DEVELOPMENT, INC., hereinafter called "Declarant" is the Owner in fee simple of certain real property located in Montgomery County, Texas, said property being known as THOUSAND OAKS ESTATES SUBDIVISION Section 2, as per plat thereof of record in the plat records of Montgomery County, Texas.
Subject property is now or will be divided into smaller parts or tracts, the total of which will hereinafter be referred to as the "Project", or as THOUSAND OAKS ESTATES SUBDIVISION
Section 2.
For the purpose of enhancing and protecting the value, utility, attractiveness and desirability of the tracts constituting such Project, Declarant hereby declares that all the real property described above and each part thereof shall be held, sold, and conveyed only subject to the following easements, authority, covenants, conditions, and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any right, title, or interest in the above described property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
Section 1. “Association” shall mean and refer to Thousand Oaks Estates Home Owners Association, its successors and assigns, or corporate entity of similar name created by Developer, also called P.O.A.
Section 2. "Declarant" shall mean 1488 LAND DEVELOPMENT, INC., its successors and assigns, provided such an assign acquires the Project in total, or the remainder in total for purposes of development and sale. Declarant may be referred to as “Developer”.
Section 3. "Tract” shall mean any plot of land as is divided or re-divided within the Project.
Section 4, "Maintenance" shall mean the exercise of reasonable care to keep buildings, roads,
landscaping, lighting, drainage, irrigation systems, commons and other related improvements and fixtures in a condition comparable to their original condition, normal wear and tear excepted.
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Section 5. "Member" shall mean every person or entity who holds membership in the Association. Each purchaser of property in the Project becomes a member of the Association upon such purchase.
Section 6. “Mortgagee" shall mean a holder of a bona fide mortgage or a beneficiary under or holder of a Deed of Trust.
Scction 7. "Mortgage" shall mean a bona fide mortgage, a Deed of Trust, or a Vendor's Lien.
Section 8. "Board" shall mean the Board of Directors of the Association.
Section 9. "Drives" shall mean any common area reserved for the use by all Owners for vehicular traffic.
Section 10. | "Commons" shall mean any property reserved for or dedicated to the common use of property Owners, or established through easements across tracts, or any properties leased for such
purpose.
Section 11. | "Owner" shall mean the record Owner, including Declarant, whether one or more persons or entities, of the fee simple title to any tract which is a part of the Project, and shall include purchasers under contract for deed, but shall not include those holding title merely as security for performance of an obligation.
Section 12. "Project" shall mean the real property described herein, and such additions thereto as may be brought within the Jurisdiction of the Association as herein provided.
Section 13. "Vote" shall mean one vote per platted lot.
Section 14. "Lakefront Lot" shall mean and refer to lots adjoining any portion of any water impoundment or lake within the Project.
Section 15. "Lake" shall mean any water impoundment.
ARTICLE II
EASEMENTS, DRIVES, ROADS, AND PRIVATE ROADS
Section 1. Roads, drives, acccss casements, streets, alleys and roads running through said property arc hereby dedicated to the present owners and all future owners, their heirs, successors and assigns, of lots in Thousand Oaks Estates Subdivision, Section 2 and the owners of lots in each subsequent section of Thousand Oaks Estates Subdivision that are contiguous to Section Two, inclusive, as it is shown on said map, and the map of each subsequent section, as private ways for the exclusive use, benefits and convenience of said owners, their successors and assigns. It is not
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the intention to make said streets, roads and alleys public thoroughfares, but to retain the exclusive use and control thereof for the benefit of present and future owners of said property. Easements for installation and maintenance of utilities, irrigation, pipelines, and drainage are hereby established and dedicated pursuant to the plat and the terms hereof. Within such easements and roads, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of service or utilities, or which may damage, interfere with, or change the direction or flow of drainage facilities in the easements, or which may interfere with passage along such common or any road that may be designated as a private road easement. The easement area of each tract and all improvements thereon shall be continuously maintained by the Owner of such tract, except for improvements or maintenance of which a public, private, or quasi-public authority or utility company is responsible. Roads, gated entrances, and easements established as commons for greenbelts, riding trails, hiking trails, etc. will be maintained by the Association and may not be fenced into private property except as to hereinafter prescribed. In addition to the pipeline easements reflected on the plat, an easement is reserved for an oil and gas pipeline from each designated drill site to and along the adjacent roadway to such drill site and along the roadway easement to Thousand Oaks Boulevard and then along and within the Thousand Oaks Boulevard Easement to either F.M.,1488 or Dobbin-Huffsmith Road. Further, Thousand Oaks Boulevard shall be used by and for the benefit of the purchasers of lots in all subsequent sections of Thousand Oaks Estates Subdivision. A reservation of all roads and easements is hereby made for the benefit of and use by vehicles and personnel of any law enforcement agency, emergency or fire agency, utility company, Declarant and Declarant’s mortgagee, the Farm Credit Bank of Texas, its successors and assigns. Provided further, however, when and in case the owners of the lots in the several sections of Thousand Oaks Estates Subdivision shall by majority vote choose to discontinue the maintenance charge against said lots as provided for herein, then said roads, parkways, and entrance to the Thousand Oaks Estates Subdivision shall be and are hereby dedicated to the public for the respective uses and purposes as designated on the plat.
Section 2. No dwelling unit or other structure of any kind shall be built, erected or maintained on any such easement, reservation, or right of way and such easements, reservations or rights of way shall at all times be open and accessible to representatives of the Association, to public and quasi-public utility corporations, their employees and contractors, and shall also be open and accessible to Declarant, its successors and assigns, all of whom shall have the right and privilege of doing whatever may be necessary on, or under, and above such locations to carry out any of the purposes for which such easements, reservations and rights of way are reserved.
Section 3. The Association, through its duly authorized employees and contractors shall have the right, after reasonable notice to the Owner thereof, to enter any tract at any reasonable time to perform such maintenance as may be authorized herein.
Section 4. The private drive or roadway easements as set forth herein or by separate instruments or as established within the commons upon the ground, are for the private use and benefit of the
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Owners of the tracts within the Project as therein prescribed, and under the conditions as therein set forth, and are not dedicated to the general public.
Section 5. The Declarant/Developer or the Association shall have the authority to execute and grant unto any fresh water supply, clcctric utility, gas utility, telephone or other utility entity, right of way easements in the form and under the conditions as may at the time be required by said entity as a prerequisite to service of this Project with fresh water or other utility.
Section 6. The Declarant/Developer or the Association in its authority may take unto itself or execute unto others right of way easements in the form and under the conditions as at that time may be required by said entity to distribute to each and every tract herein water for the purposes of irrigation and/or provide drainage.
Section 7. It is understood and agreed that the easements granted herein and to be granted hereafter are reserved as permanent easements for the purposes set forth and are not subject to the time limit applicable to other restrictions.
Section 8. There is hereby reserved and established a utility easement adjacent and parallel to all roadway easements and/or drainage easements. Said utility easement is ten (10) feet wide upon the ground and sixteen (16) feet above the ground and extends from the outside boundary of the roadway easement or right of way into and upon the adjoining property on each side thereof. There is further reserved an casement, including an aerial easement, into all property adjacent thereto and in addition thereto for the purpose of installation of guy wires where necessary for securing utility poles. Developer may utilize such easements in the installation of utilities.
Section 9. Easements for installation and maintenance of utilities and drainage facilities, pipelines and alley ways are reserved as shown on the recorded plat. No construction may exist over or across any such easement. By acceptance of a deed to any one or more of the above lots, the owner thereof covenants and agrees to keep and maintain in a neat and clean condition any easement which may traverse a portion of the lot being conveyed.
Section 10. | Subject to the terms and conditions of this Section, the roads and streets in this Project as shown on the plat are hereby dedicated, as utility easements for the purpose of constructing, operating, maintaining or repairing a system or systems of electric lighting, electrical power, telegraph and telephone lines, gas lines, sewers, water lines, storm drainage (surface or underground), cable television, oil and gas pipelines, or any other utilities that the developer sees fit to install in, across and/or under the property.
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ARTICLE II
ARCHITECTURAL CONTROL
Section 1. No external improvements or changes including, but not limited to, landscaping, fences, mail boxes, dwellings, garages, barns, out buildings or any other structures, shall be erected, placed, or altered on any tract until the construction plans and specifications and a plan showing the location of the structure, complete plan of government approved anaerobic septic system showing relation to tract lines and water lines or sources have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. When culvert
pipes are installed, all exposed ends must be professionally finished in the same moss rock and the same manner _as all culvert pipes in Project installed by Developer. The Developer and the
Architectural Control Committee shall prepare and provide lot owners with guidelines for improvements which shall be part of these restrictions. Approval shall be as provided herein.
Section 2. The Architectural Control Committee is hereby authorized to enforce any building or fire codes, or any rules, restrictions, or requirements concerning the construction of buildings on this Project required by any government authority, local, county, state, or otherwise, having the legal authority to make such requirements
Section 3. The Architectural Control Committee shall be composed of three persons appointed by the Declarant who shall serve until such time as 80% of all lots in the Project are conveyed by Declarant and thereafter such persons will be appointed by the Board of the Home Owners Association. In the event of death, dismissal, or resignation of any member of the committee, the remaining members shall have full authority to designate a successor, subject to approval of the Declarant or Association Board as the case may be. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant except as is budgeted and approved the Association Board.
Section 4. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fail to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with; however, any building or improvements placed upon a lot herein that was not presented to the Architectural Control Committee for approval prior to start of construction or placement will be in violation of these restrictions and may be removed by the Architectural Control Committee at the property owner's expense. If the Home Owners Association or the Declarant pays for such removal, the cost plus interest will become a lien upon the property.
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Section 5. Upon submission of the construction plans and specifications and as a condition precedent to the Architectural Control Committee’s consideration of said plans and specifications, the Owner is required to deposit the sum of $2,000.00 with the Architectural Control Committee as security for the costs of any repairs to the roads in the subdivision caused by such builder, or any damage by builder or owner, or owner’s subcontractor, to any roads, culverts, fences, bridges, etc., as a result of entering Project to clear off trees or brush. Upon determination by the Architectural Control Committee that no repairs are necessary the deposit will be refunded. To the extent that repairs are required, the deposit will be applied to such repairs with the unused portion of the deposit, if any, to be refunded to the Owner. To the extent that cost of repairs exceeds the deposit, the Owner shall be liable for such excess cost. Payment of such excess shall be secured by a lien against homeowner’s property.
ARTICLE IV
USE RESTRICTIONS
Section 1. All tracts in this Project are designated as residential home sites for single family dwellings with the exception of 11.012 acre Reserve E which is hereby designated as a commercial reserve for use in one or more divided tracts as retail, office, service, and light industry tracts.
Section 2. Any dwelling constructed on non lake-front lots must have a floor plan of not less than: 2600 square feet; 2800 square feet on one-story Lakefront lots; and 3000 square feet on two-story Lakefront lots, exclusive of open or screened porches, terraces, patios, driveways, carports and garages, and shall be constructed of at least standard frame construction. If such a building is set on blocks or piers, it shall have an outside or perimeter beam of brick or concrete. Any such structure must be completely dricd in within 6 months of beginning of construction. Plans for any commercial structures in Reserve E must be approved by the Declarant in its sole discretion.
Section 3. No structure of a temporary character, trailer, basement, tent, shack, garage or other outbuilding shall be used on any tract at any time as a residence, either temporarily or permanently. Outbuildings shall be permitted in the Project. Storage buildings may not be utilized as residences on the tract. The owner may place a servants or guest house on the property without conforming to the square footage requirements so long as the building otherwise conforms to these restrictions; however, no such dwelling will be permitted prior to construction of the primary dwelling. Any building of any type must be approved by the Architectural Control Committee the same as a dwelling.
Section 4. No tract shall be used or maintained as a dumping ground for rubbish or trash, and no garbage or other waste shall be kept except in sanitary containers. All equipment for the storage and disposal of such materials shall be kept in a clean and sanitary condition.
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Section 5. Animals A. One horse may be kept and maintained on any tract under the following conditions:
(1) — No horse shall be allowed to run loose upon the streets or commons.
(2) All horses shall be kept enclosed by suitable fencing at the rear of the tract.
@G) Though horses are permitted, public stables are not permitted.
B. No swine may be bred, kept or maintained on any tract in this Project.
C. No chickens, turkeys, ostrich, emu or other poultry may be kept or raised in this Project
D. Cats and dogs as household pets are permitted, the commercial breeding of such
animals is not permitted.
E. The premises shall be maintained in such a manner as to prevent health hazards and shall not be offensive to neighboring tracts. Should any animal, including but not limited to horses, cats and dogs, become offensive to the neighborhood, that offense constitutes a violation of these covenants.
Section 6; | No abandoned or inoperative automobile, other vehicle or trailer shall be permitted to remain on any tract. This is not to be construed to mean that personal campers, boats, tractors, trailers, recreational vehicles, etc. in good and operational condition may not be kept on premises; however, campers, trailers, boats, tractors and utility vehicles of every nature must be kept on the rear one-half of the premises or in a garage, shed or other suitable building approved by the Architectural Control Committee.
Section 7: No commercial activity shall be conducted on any tract other than the commercial reserves.
Section 8: No tract may be used to rent space to campers, recreational vehicles, trailers or other
units for occupancy or storage or to maintain stables, kennels or space for rental to others.
Section 9: No dwelling or garage shall be placed nearer to any property line than the building line depicted in the plat or fifteen (15) feet from adjacent property owner's line, whichever is greater. Furthermore;
A. No barn, shed or outbuilding designed for storage shall be placed nearer to the front or street line than two hundred (200) feet, nor nearer the side line than the line
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depicted in the plat or 15 feet from adjacent property owner’s line, whichever is greater.
B. No barn, shed or building designed and/or used for live-stock will be located nearer than twenty-five (25) feet to the dwelling proper of any adjacent property owner's dwelling, provided said adjacent dwelling is set no farther away from the street line than two hundred (200) feet.
Cc. Construction of improvements must be completed within six (6) months from date of commencement of construction. Landscaping approved by the Architectural Control Committee must be completed within ninety (90) days after completion of construction.
D. All residential driveways must enter from the subdivision street and not by way of F.M. 1488.
Section 10: All lot owners, at their expense, shall provide for the disposal of waste material through an anaerobic system or other comparable disposal system approved by the appropriate governmental authority. No private water wells are permitted on any residential lot.
Section 11: No tract, as platted in this section, will be re-subdivided, except that the Developer, its successors or assigns, may replat tracts for better utilization and function. However, any such replat will be subject to approval by all governmental authorities having jurisdiction, and all purchasers of tracts herein hereby waive the right or necessity of approval.
No residential tract as herein platted or replatted will be utilized for more than one primary single family residence and one single family guest or servants house.
For purposes of this Section of this Project, single family residence means one detached, site-built residential house designed to be occupied by one family only.
Section 12: The reserve tracts in this section of the Project may be replatted by developer, its successors or assigns into single family dwelling units as per the definition thereof at this time published by Federal Housing and Urban Development (HUD) (OILSR) 15 U.S.C. 1702(b)(5) and 24 C.F.R. 1710.10; however, any such re-plat will be subject to approval by all governmental authorities having jurisdiction; and, Purchasers of tracts herein hereby waive the right or necessity of approval, and hereby confirm and consent to the Project or replat of any reserve tracts in this section of the Project.
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Section 13: Any fence installed within 100 feet of any street must be constructed of PVC with three rails. All fences must be approved both as to material and location by the Architectural Control Committee prior to beginning construction.
Section 14: No oil drilling or development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot in this Project. Except within the areas designated as drill site locations on the plat, and casements related thereto, no commercial oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall any wells, tanks, tunnels, excavation or shafts be permitted. Provided, however, that this provision shall not prevent owners of the outstanding mineral interests from development pursuant to their respective mineral interests.
Section 15: Culverts, Bridges, and Crossings. No culvert, bridge, or crossing may be installed by lot owners unless approved by the proper governmental authorities and the Architectural Committee. Conformance to size and grade requirements are mandatory. All culverts will be installed with headers, or retainers on each end to prevent erosion and dress culvert ends and must be approved by the Architectural Control Committee prior to installation of culvert or wings.
Section 16: Signs. No "For Sale" signs will be placed upon any vacant lot by individual lot owners. The Home Owners Association, or its designated authority has the right to remove or dispose of any such signs. No other signs are permitted without approval of the Declarant or the Architectural Control Committee.
Section 17; Prior to beginning construction on any house or building on any lot herein, owner will install a driveway from street to slab of at least four (4) inches of compacted rock, gravel, crushed limestone or better to prevent tracking of mud onto streets.
Section 18: Should any property owner herein violate these covenants and restrictions, the Home Owners Association and the authority created herein will fifteen (15) days after notice of the violation to the owners, have the power and authority to file suit to enforce compliance. The Association will be empowered to charge as a special assessment all cost of time and expenditures, including legal fees, member's time, meeting fees, costs of removal of improvements in violation, and pay all related expenses. This special assessment will attach to the property upon which the violation rests and will become a lien as provided in these covenants for assessments and liens.
Section 19: | Any on-going violation may be prosecuted on an on-going basis with the goal of the Home Owners Association being to correct the violation by whatever means is necessary. Home Owners Association cure of violations is authorized at the violating property owner's expense.
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Section 20: Storage of equipment, materials, or any other product, or pasturing of livestock is strictly prohibited prior to construction of primary residence.
Section 21: Developer's Rights and Reservations. Developer shall have, retain and reserve the right to construct additional improvements in common areas, use common areas in promotion and marketing of the property and any annexable area, grant, create and utilize easements, whether temporary or permanent, for access, utilities, pipelines, drainage, water, and sanitary sewer. Such easements shall be located within the Project over and across roadways, lots, other easements in common areas at the Developer's sole discretion. Developer further reserves the right of annexation of additional residential property and common areas outside of the Project without the consent of the owners or any other party.
Section 22: Flowage Easement. A flowage easement on, over and across that portion of the Lakefront Lots in the Project that abut any water impoundment is hereby reserved for the Developer and/or the Home Owners Association for the following purposes:
A. The right to overflow, flood or cover such portion of the Lakefront Lots in the Project at anytime or times hereafter, with flood water, slack water or back water caused by the construction, maintenance and operation of the dam for the Lake and the reservoir for the storage of water created by the construction of the Lake.
B. The right to enter upon said Lakefront Lots at any time or times hereafter and do whatever is reasonable and necessary in the sole discretion of the Developer and/or the Ilome Owners Association to maintain and operate such Lake and to prevent the draining or dumping of refusc sewage or other material into such reservoir
Cc. The right to prevent the construction of or to move any obstruction, building structure, improvement or other thing located on any such Lakefront Lot, which has not been approved by the Architectural Control Committee and the regulatory authorities for Montgomery County, Texas.
The owner of any Lakefront Lot shall have the right to use the above described portion of said Lakefront Lot jointly with the Developer and/or the Association, however, the Owner assumes all risk of all loss or damage to Owner’s structures or property thereon in any way arising or resulting from this flowage easement or the maintenance and operation of the above mentioned dam and Lake reservoir by the Developer and/or the Association. Developer shall have the option of conveying the underlying land contained in such easement to the Home Owners Association.
Section 23: Lakefront Easement. The Developer grants and conveys an exclusive perpetual easement to the Owners of Lots that adjoin the Lake, over and upon that portion of the shoreline of said Lake that lies and is situated between the rear lot boundary line or any Lot, in any Section of Thousand Oaks Estates Subdivision, which adjoins the Lake and the actual pool level or water line
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of said Lake. The Owner of any Lot in any Section of the Thousand Oaks Estates Subdivision which adjoins the Lake shall have the exclusive right to use, keep and maintain any portion of the shoreline of said Lake situated adjacent to the rear boundary line of his Lot and between the actual pool level of the Lake and said rear boundary line as though the side Lot lines were extended to the actual pool level of the Lake. The right to use said perpetual easement area shall be exclusive to each Owner of Lots which adjoin the Lake and no other Owner in the Project shall be entitled to use said shoreline easement area. Neither the Developer, the Home Owners Association nor their assigns shall be responsible to any such Owner of a Lot given this exclusive perpetual easement for damage or loss of any improvement placed upon this easement and the Owner assumes all risk of loss or damage to any improvements placed upon this easement and the Owner assumes all risk of loss or damage to any improvements placed in said easement area by Owner. The Developer, its successors and assigns, reserve the right to flood and inundate all or any portion of the easement area herein granted with normal or flood waters created by the maintenance and operation of the Lake. It is understood and agreed that the exclusive perpetual easement herein granted shall be a covenant running with each Lot of any Section of the Thousand Oaks Estates Subdivision which adjoins the Lake. Further, each Owner, by accepting this exclusive perpetual easement, shall indemnify and forever hold harmless the Developer, its successors and assigns, from and against any and all damages or loss arising out of or connected with the use of and improvements on this easement area which may arise as a result of the maintenance and operation of the Lake by the Developer and/or the Home Owners Association, their successors and assigns. This exclusive perpetual easement shall also be subject to the Flowage Easement set forth in Section 22 hereof.
Section 24: | Use of Lake. The use of a Lake by abutting Owners and their guests shall be subject to the Exclusive Perpetual Easement granted to Owners of Lots adjoining said Lake as set forth in
Section 23 hereof. The use of the Lake shall be permitted and regulated by the Developer and the Home Owners Association and any Owner’s failure to comply with such rules and regulations regarding usc of the Lake shall allow the Developer or Home Owners Association, as the case may be, to suspend said Owner’s use privileges of the Lake. Further, the Lake shall be subject to the following rules and regulations:
A. No jet boats, pontoon boats or boats in excess of 12 feet or canoes in excess of 17 feet shall be permitted on the Lake; and
B. The Developer, and the Board of Directors of the Home Owners Association, shall have the right and authority to amend or modify these Rules and Regulations for the Lake in the event it deems such amendment or modification to be in the best interest of the Project ; and
Cc. The violation of any of these Rules and Regulations for the lake shall be cause for suspension of the violator’s right to use the Lake and other recreational facilities in
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the Project for a period as may be determined by the Board of Directors of the Association.
Section 25: | Lakefront Lots: Construction of Pier or Dock. No pier, dock, boat slip, fence or other structure shall be constructed on any Lot other than Lakefront Lots that adjoin any Lake. Any such pier, deck, boat slip, fence or other structure shall be subject to Architectural Control Committee approval in its sole discretion.
Section 26: Construction of the dwelling must commence within 36 months aftcr closing on the purchase of the tract.
ARTICLE V.
OQWNER'S OBLIGATION TO REPAIR
Each Owner shall, at his sole cost and expense, repair and maintain his residence, and other buildings on his tract, keeping the same in a condition comparable to the condition of such building at the time of its initial construction, excepting only normal wear and tear.
ARTICLE VI.
MEMBERSHIP IN ASSOCIATION: VOTING RIGHTS
Section 1: © Membership. Every Owner of a tract shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a tract.
Section 2: Developer. For purposes of voting, Developer/Declarant will be construed as an owner and member with the same voting privileges of one (1) vote per lot owned, and Developer is entitled to one vote for each lot sold so long as Developer retains a financial interest or any ownership in this development.
Section 3: Votes Per Member. All owners shall be entitled to one vote for each lot owned. When more than one person holds an interest in a given tract, all such persons shall be members and the vote for such tract shall be exercised as they may determine among themselves. In no event shall more than one (1) vote be cast with respect to any lot owned by such members.
Section 4: Voting Procedure. Voting may be by petition as prescribed for certain specific procedures herein. However, unless otherwise specifically stated herein, all votes will be by ballots mailed to the last known address of each member. These ballots must be mailed back by the member to acertified public accountant designated by the Home Owners Association. The public accountant will tally all votes and certify the results to be true. Each vote will be identified by a lot, block and section number, stating the lot or lots owned and the number of votes represented thereby.
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Any ballot vote must allow no less than a 30 day period between the mailing of ballots and the return of mailed ballots.
Section 5: Boards. Declarant shall initially appoint a five (5) member Board of Directors of the Association with terms running one to five years, who shall serve until their respective terms expire. On the anniversary date of such appointments, and the same date of each following year, the members of the Association shall mect for the purpose of electing a member or members of the Board of Directors for that year as set forth herein. Such Board of Directors shall have the full powers and duties as may be reasonably necessary to carry out the purposes and dutics of the Association as provided herein. The above stated terms and election date may vary fifteen (15) days before or after said date at the option of the Board. Mail ballots will be provided for all voters who may return the ballots within the prescribed time and manner or who may bring the completed ballots to the above mentioned meeting.
ARTICLE VII.
ASSESSMENTS
Section 1: Declarant hereby covenants for each tract within the Project, and each Owner of a tract is hereby deemed to covenant by acceptance of his contract or deed for such tract (whether expressed in his contract or deed or not) to pay to the Association; (1) annual assessments, and (2) special assessments for capital improvements. Such assessments will be established and collected by the Board as hereinafter provided. The annual and special assessments, together with interests, costs, and reasonable attorney's fees, shall be a charge on the land and a continuing lien on each tract against which such an assessment is made. Each such assessment, together with interest, costs, and reasonable attorncy's fees shall also be the personal obligation of the person or persons who owned the tract at the time the assessment became due, and such personal obligation shall pass to the successors in title of such person or persons whether or not expressly assumed by them. However, the first owner liable will not be relieved of liability thereafter.
Section 2: The annual assessments levied by the Board of the Association shall be used exclusively to promote the health, safety, welfare, and recreation of the residents of the Project, and for the construction, improvement and maintenance of the roads, commons, drainage, irrigation systems, or community facilities and private or public woods and roadway easements or rights of way within the Project. The maintenance of public roadways shall apply only in the event the county, city, state or other public entity responsible therefore would fail to maintain said roadways properly.
Section 3: In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair, or replacement of the commons or acapital improvement to the Project or any designated private roadway, or public roadway within
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or giving access to the Project. Any such assessment must be approved by a majority of votes cast by members (which shall constitute a quorum), in a manner of voting as herein prescribed.
Section 4: The Association's Board of Directors shall fix the amount of the annual assessment against each tract at least thirty (30) days in advance of the duc date thereof and shall fix the dates such amounts become duc. Assessments may be madc payable monthly. Notice of the annual assessments shall be sent to every Owner subject thereto. The Association shall, on demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association, setting forth whether the assessment against a specific tract has been paid, and shall on or before February 15th of each year, cause to be recorded in the office of the County Clerk of the County, a list of delinquent assessments as of that date setting forth and establishing the amount of the lien therefor.
Section 5: Any assessment not paid within thirty (30) days after the due date shall be deemed in default and shall bear interest from the thirtieth (30th) day after the date due at the highest legal rate per annum. The Association, acting through its Board of Directors, may bring an action at law against the Owner personally obligated to pay the same, and/or may foreclose the assessment lien against the property. No Owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the common areas, community facilities, roadway easements, or abandonment of his tract.
Section 6: | The assessment lien provided for herein shall be subordinate to the lien of any mortgage hereafter created, or any mortgage existing on the date hereof. A sale or transfer of any tract shall not affect the assessment lien. The sale or transfer of any tract pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the assessment lien as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such tract from liability for any assessment thereafter becoming due or from the lien thereof, except as otherwise provided in Section 22 of Article VIII. However, any lender, investor or purchaser may accept without further pursuit of diligence a certificate executed by the president and attested by the Secretary of the Association certifying the status of dues, assessments or liens.
Section 7: Any expenses of suit brought by the Association and/or Declarant herein and any expense of defense of any suit against the Association, its officers, or directors, and/or Declarant in regard to the functions thereof in the administration or enforcement of these covenants shall be borne by the Association and the Association shall have and hold any rights to recovery of such expenses.
If the Association, its officers, or directors, and/or Declarant prevail in any suit brought against them by any Owner in the Project with regard to the Association or Declarant's administration or enforcement of these covenants, then such defendants are entitled to recovery and judgment against the suing Owner for their costs of suit, including but not limited to, expert witnesses, attorneys, appraisers, surveyors, and litigation expenses.
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Page 15 of 23 in the recorded document
The amount of any such judgment obtained for damages or costs shall automatically become a lien against owner's property in this Project and shall be treated the same as an assessment. The judgment lien will also attach as otherwise prescribed by law.
Section 8: | Each Owner in the Project agrees that should suit be brought by Declarant and/or Association to enforce performance of the covenants the suing party will be and is entitled to judgment for damages and all costs of suit, including but not limited to, expert witnesses, attorneys, appraisers, surveyors, and court costs, should the action prevail.
The amount of any such judgment obtained for damages or costs shall automatically become alien against defendant's property in this Project and treated the same as a lien for assessments. This lien will attach as otherwise prescribed by law.
Section 9: It is specifically stipulated that should Developer, its successors or assigns foreclose on any property sold under deed or contract such property will revert to status of Developer’s lots, free of the obligation of any accrued and unpaid assessments or costs and/or liens therefor. Any such liens of record will be released by the appropriate officer or officers upon presentation of release thereto by Developer. Upon failure of such action by said authority, or in lieu thereof, Developer may file a release executed on and by its own behalf which will be conclusive evidence to all persons that such lien is thereby released unless the Association acting within its authority files a proper court action to invalidate said release within thirty (30) days after recordation. Additional Developer’s rights are set forth in Section 23 of Article VIII.
ARTICLE VIII.
NOTICE RELATING TO ASSESSMENTS
Section 1: Maintenance of Common Elements. Each interested party or purchaser of a tract or parccl of land in this Project is hereby placed on notice that the roadways and the commons are dedicated or will be dedicated to use and maintenance by the Owners and are not dedicated to the county, any municipal body or public authority nor to the public. Such purchaser or other interested party is hereby given notice that the maintenance of such roads and other designated areas and facilities, called common areas, the payment for Security Guards and Patrols, ifany, garbage pick-up and other conveniences deemed necessary and requisite to the pleasure, comfort, security and enjoyment of the property Owners in this Project, will be provided for through an assessment or assessments, as the case may be, to be levied against each and every tract or parcel of land sold in the Project. Determination of pro-rata assessment will be on a lot basis. Developer reserves the right to control expenditures until such time as the bonds for road improvements held by Montgomery County have been released.
Section 2: Agreement. Each purchaser ofa property in this Project hereby agrees that Thousand Oaks Estates Home Owners Association (“Association”), as created and chartered or to be created
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and chartered by Developer, under the laws of the State of Texas, has the authority to administer the funds and attend to the management and maintenance of all common areas, services and facilities in said Project, and does hereby grant and give unto the said Association, its successors and assigns, the authority to levy and collect assessments as necessary, and to expend said funds as necessary, subject to the requirements contained in these restrictions and covenants, for the purpose of the maintenance of all facilities and areas and services as hereinabove and hereinafter described. Until such association is formed, this authority is vested in Developer.
Section 3: Commons. It is stipulated that designated common areas may be used for any purpose required or deemed advantageous to the property owners in the Project, such purposes to include but not be limited to, the installation of any and all utilities, and dedication of such easements and rights of way as deemed necessary by said Association. Such dedications may be made upon a plat thereof or by separate instrument in writing and such dedication may be made at the discretion of the Association at any time, present or future. The Association may allow the installation of any utility service extensions in said Commons by letter or formal agreement to the utility company, or may allow installation of service lines from service mains to dwelling or outlets by oral approval. Any such installations made will be considered approved if the Association has not ordered such installation halted prior to completion thereof.
Commons may be of several categories:
(a) Dedicated commons are those commons owned or to be owned by the Association through dedication upon the plat or by separate dedication by other recorded instrument of conveyance.
(b) | Eascments as commons for community use by the property owners are those commons dedicated upon and across various lots, tracts and parcels of land, shown as easements and/or commons on the plats thereof and/or as cited in separate instruments of record or to be placed of record.
(c) Leasehold commons are those commons not provided as easements or dedicated as fee commons, but are shown as leasehold. Leasehold commons are provided for the use of property owners under the terms and conditions as set forth in the lease agreements.
(d) Temporary Commons are those commons designated on a plat as such or upon the ground as such and may be commons utilizing land being held for future development, or as timberland forest by developer. Temporary Commons may be moved or eliminated.
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(Revised 4/4400)
Page 17 of 23 in the recorded document
687~-00-1325
Section 4: Effective Date of Assessments. Any levy for any purpose set forth herein may be made and begun at a time determined by the Association. Said action may affect, at different times, sections or tracts and are not required to be made simultaneously.
When a determination for a levy is made by the Association, notice will be given to the Owners of properties effected and such Owners will then be required to pay said assessments to the Association.
Section 5: | Handling of Assessed Funds. All funds collected by the Association for maintenance and services of commons will be kept in a special bank account or savings account to be used only for the purposes as herein stated, and an itemized account of all receipts and disbursements will be mailed quarterly to all property owners on said Project.
If at any time the Owners of fifty-one percent (51%) of more of the acres affected by an assessment desire that the fund so established and the books and records pertaining thereto be audited, then said Owners may, by affixing their signatures to a petition, cause such audit to be made. Such petition will cite the account by it proper identification and shall stipulate the name of a Certified Public Accountant who shall make such audit and the date that such records shall be made available to said Accountant. The Association will then be compelled to make such records available to the named Certified Public Accountant in the offices of the Association or other place at the discretion of Association and will be authorized to pay such Accountant reasonable accounting fees for said audit from the funds of the account so audited.
Section 6: | Establishment of Amount of Assessment. The Association in initially setting the monthly levy or assessment will do so on an estimated basis determined by an in-dcpth study of the requirement for funds. The amount levied may be changed from time to time as necessary, to pay the allowed expenses. Should an assessment prove to be more than needed for such purposes, then, the Association may reduce said levy accordingly, or carry forward such excess to be used to decrease the amount of future assessments.
Section 7: Special Assessments. The Association will have the right, privilege and power to levy special assessments as may become necessary for purposes required and authorized herein. Such special assessments would be made upon the same pro-rata basis as hereinabove set forth and paid to Association as prescribed by said Association
Section 8: Collection of Assessments. The Association will have the sole responsibility and authority to collect all assessments. Such assessments will be levied on a monthly basis and Association will have the power to allow certain reasonable discounts to Owners paying said assessments semi-annually or annually in advance. Association will have the power to add to such assessments appropriate and reasonable penalties against said Owners for delinquency in payment of assessments as well as the other remedies set forth herein.
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(Revised 4/4110)
Page 18 of 23 in the recorded document
Section 9: Delinquent Assessments. Any Owner being thirty (30) days delinquent in the payment of any assessment will have a lien filed against his property for such assessment, plus any penalties and costs. Such lien shall remain in effect until all past due assessments, penalties and costs have been paid or satisfied as otherwise set forth herein.
Section 10: Enforcement of Liens. Each lien established by the Association pursuant to the provisions of this instrument, may be enforced by recording with the County Clerk of this County a notice of delinquency and lien upon said property which may be forcclosed, in the same manner as a non-judicial foreclosure of a mortgage upon real property under the laws of the State of Texas as set forth in Section 51.001 et seq. of the Texas Property Code as amended from time to time, the same as if said Association possessed a Deed of Trust and note against said property. Such non-judicial foreclosure shail also operate to foreclose the Vendor’s lien securing the payment of such assessments. In any action to foreclose any such lien, the Association shall be entitled to costs, including reasonable attorney's fees, and other allowed costs and penalties. The Association may exercise any other remedy available under the law for collection.
Section 11: | Reservation of Liens. The Association and Declarant do hereby reserve unto the Association and Declarant, and do hereby establish and impose, a vendor’s lien, thereby securing each assessment imposed or to be imposed, or in any way provided herein, together with any costs, interest, or penalties against all of the property covered in this instrument subject only to any limitations and/or provisions in this instrument.
Section12: Subordination to Mortgage. Each and every assessment and lien, together with any cost, penalty or interest, established, reserved or imposed under this instrument and authority shall be subordinate to any valid bona fide mortgage or trust deed (and the lien and/or title thereof) which has been given in good faith and for value of any interest covered by this instrument and authority. Any subsequent Owner of any property so covered, purchased at foreclosure or otherwise, shall be bound by restrictions, conditions, covenants, reservations, assessments and liens set out in this instrument, excluding any assessment or lien arising prior to a foreclosure sale brought about by a lender under any valid, bona fide mortgage or trust deed. A valid, bona fide mortgage or deed of trust for purposes of this document is one given for funds applied to the purchase of, or improvements of, the property upon which the lien is created. This lien for assessments is also subordinate to liens as set forth in Section 23 following.
Section 13: Exclusion of Developer. The Developer of this Project, its successors and assigns, will sell to purchasers properties within said Project. It is specifically agreed that if one or more tracts or parcels of land are sold to any purchaser by Developer, by contract for deed, or deed with lien and note or other instrument, and purchaser defaults in payments of said lien in any manner, including, but not limited to, failure to pay principal, interest, taxes, insurance or assessments set forth hereunder and said property is repossessed, foreclosed, or such contract canceled by Developer, or any assignee of Developer's right, title and interest in any such lien or contract, then Developer
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Page 19 of 23 in the recorded document
687-00~1327
or said assignee, will not be required to pay any delinquent or past due assessments or penalties and any liens for non-payment of same filed by said Association will be released as regards such property. Evidence of such cancellation, repossession or foreclosure will in itself be sufficient with no further release or action required by the Association for this purpose; however, this stipulation does not relieve the purchaser in default who failed to pay such assessments levied and/or penalties and cost, and from whom said property was repossessed, of his personal liability to pay such delinquent assessments. This provision does not affect the rights of the Association, as creditor, to pursue other remedies and liens.
Section14: Rules and Regulations Governing Use of Commons and Facilities Therein. Rules and regulations governing the use of all commons and facilities will be made and enforced by the Association, to insure the best and mutual enjoyment thereof of all the qualified property owners and their guests. Any Owner who fails to pay assessments levied or fails to comply with any requirements or rules and regulations governing the use of said commons and facilities, will be denied the use thereof. Such rules and regulations to be made and enforced by the Association will include, but not be limited to, rules concerning guest privileges to commons, recreation facilities, if any, speed limits on streets, type of vehicles on streets and other commons, control of noise, use of irrigation water, channels or canals, use of any lakes, ponds or streams within the commons.
Section 15: Delegation of Use of Facilities. Any Owner may delegate his right of enjoyment to the common areas and facilities to the members of his immediate family, his tenants, or contract purchasers who reside on the property.
Section 16: | Maintenance of Tracts. The Owner ofa tract or tracts in the Project will be required to keep the grass and weeds cut and will be required to keep said property free of any unsightly or offensive accumulation of trash, garage, or unsightly deposits of any nature or kind from the date of purchase of said tract. This requirement shall apply to occupied and unoccupied tracts. Ten days after notice to Owner of required maintenance the Association or its employces will have the right and authority to enter upon said premises and correct the existing violation. The Association will charge said Owner a reasonable fee for such work and bill the Owner for the fee plus a reasonable service charge per month until Owner pays said Association in full. All monies so owed the Association will become a special assessment against the property Owner.
Section 17: Exterior Maintenance of Buildings. In the event the Owner of any building in the Project should allow such building to fall into disrepair and become in need of paint, repair, restoration or other corrective measures and become unattractive and not in keeping with the neighborhood, the Association will give such Owner written notice of such condition. Fifteen (15) days after notice of such condition to owner, if the Owner fails to begin and continue at a reasonable rate of progress corrective action, the Association may enter upon said premises and do or cause to be done any work necessary to correct the condition. The Owner shall be billed for cost of the work
LDKS658
(Revised 4/4/00)
Page 20 of 23 in the recorded document
plus ten percent (10%). All monies so owed the Association will become a special assessment against the Owner and the property.
Section 18: Assessment for Street Lighting. The Association is empowered, but is not obligated, to contract with a utility company for the Owner of each tract or dwelling in this Project to pay the mount of $2.00 (Two Dollars) to be paid in cash or added to such owner's electric bill each month, as a contribution toward payment for the operation, and maintenance of street lighting in this Project. This fee may be adjusted up or down within reason in accord with the rates of the utility company. Association may include funds for street lights in the general assessment.
Section 19: Notice. In all instances herein where notice is required, notice will have been given upon placing in the United States mail postage prepaid, to the last known address of such person or patty to whom notice is to be given.
Section 20: Use of Commons By Developer. It is specifically agreed by each purchaser and that the Developer, its successors and assigns will have the right of use of all commons. Such use will be allowed for the purposes of promotion and sale of property by said Developer and will include the right of Developer to issue passes and permits to guests or prospective purchasers of property and Developer's employees to use and enjoy for limited periods, such commons, facilities and services. This right is reserved unto the Developer, its successors and assigns so long as said Developer owns land in the Project and is marketing same.
Section 21: Developer Lots. Developer is subject to the same payments per tract owed to the Association as any other tract owner; save and except those lots or tracts foreclosed on by Developer or received by Developer as the result of canceling a contract. Developer may pay in advance any amount of funds in the form of improvements, maintenance, repairs, leases, rentals, and property donation at market value, and will receive full credit for such contributions and advances, plus interest at twelve percent (12%) per annum on such funds advanced against assessments. Each year the Association will charge against such advances and interest any assessments accrued against Developers' tracts, carrying forward any credit balances to the next and ensuing years. Should Developer have a credit balance remaining after sell out of the total Project of all sections, such credit balance will not be a charge to the Association, but will, in fact, be written off by Developer.
ARTICLE IX.
UTILITY STANDBY CHARGES
Section t: Should the requirement for utility standby charges become necessary for the installation of any utility or service, the Association shall have the right to establish such standby charges and in such case there shall be levied against every individual tract, a standby charge not to exceed the exact cost per month to the Association. Such charge shall be fixed from time to time by the Board of Directors of the Association and shall be due and payable in monthly installments
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(Revised 4/4/00)
Page 21 of 23 in the recorded document
in advance, or as otherwise required. The Association hereby reserves unto itself, its successors and assigns and establishes and imposes a lien, securing the assessment as herein set forth for the prescribed utility standby charge. This lien may be foreclosed upon after notice of delinquency to the Owner of any tract, as and in the same manner as is provided for the non-judicial foreclosure of a mortgage upon real property under the laws of the State of Texas, the same as though the Association had retained a vendor's lien and possessed a deed of trust and note against said tracts. Any such action of foreclosure will entitle the lien holder to reasonable attorney's fees and other allowed costs and penalties. In addition to this provision, the Association may pursue any other procedures of collection as may be provided under the law.
Section 2: It is specifically stated herein that all property held by the Developer, its successors and assigns for sale or resale within this Project is hereby totally exempt from any and all of the requirements of this Article and no lien shall become effective on any property herein until said property is sold to a bona fide purchaser by contract or deed.
Section 3: Such standby charge, the liens securing the payment thereof, and the right and responsibility for the enforcement thereof are hereby reserved and given over to the Association. Such charge, and all liens securing the payment thereof, except for delinquents, shall be released and discharged automatically (without further action) on any tract upon the conveyance of any tract to the initial person or persons who will reside on the property and the completion of a dwelling or residence on the property and tie into the utility with continued service. Such completion may be evidenced by the exccution by the creation and recordation of the first lien mortgage or deed of trust on the improved property or by the execution of a release by the holder of said lien or by the Board of Directors of the Association, of the lien created hereunder to secure the standby charge, however, prior to same any and all due or past due charges and fees must be paid in full.
Section 4: The Association may assign or pledge to any utility provider the right of assessment and security for standby charges. In such instance, the standby charges will be set at a rate in conformance with published or approved tables of any state agency or authority, if any. In the absence of such an authority, the rates will conform to normal and usual rates. This authority granted and created in this Section is reserved unto Developer until the creation of the Association is accomplished.
ARTICLE X.
LAW ENFORCEMENT AND STREET RIGHTS
Section 1: Traffic Law. Notwithstanding the fact that the roads and commons in this Project are not dedicated to the public, but only to the property owners on the Project as easements, it is hereby stipulated that the Commissioners Court or other public governing body will have the full authority to establish speed limits or other traffic laws and rules, and penalties for violations thereof upon the strects of this Project, and the law enforcement officers of the County or of the State of
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Page 22 of 23 in the recorded document
Texas or any other body having such authority, may enter upon this Project to enforce the speed limits as set by the County Commissioners Court or any other entity or authority, just as though said roadways were public.
Section 2: Public Law. Notwithstanding the fact that commons in the Project are private and dedicated only to the property owners within the Project, it is hereby stipulated that any law enforcement officer, City, County, State, or Federal, is hereby authorized to enter upon the premises of the Project for all purposes just as though the Project commons were dedicated unto the public, and every law enforcement officer will have the same rights, privileges and duties within the boundaries to this Project as he would in any subdivision where the streets and other commons and facilities were dedicated to the public.
ARTICLE XI.
GENERAL PROVISIONS
Section 1: Declarant, the Association, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, easements reservations, liens, and charges now or hereafter imposed by the provisions of this declaration. Failure by Declarant, the Association, or by any Owner to enforce any covenant, or restriction herein contained shall in no event be deemed a waiver of the rights to do so thereafter.
Section 2: Invalidation of any one of these covenants or restrictions by judgment of court order shall in no way affect any other provisions, which shall remain in full force and effect.
Section 3: Covenants and restrictions of this declaration may be amended by duly recording an instrument executed and acknowledged as approved by the Board, by not less than seventy-five percent (75%) of the votes cast by members on the basis of one vote or fractional vote per acre or fraction owned.
Section 4: No breach of any of the conditions herein contained or re-entry by such breach shall defeat or render invalid the prior lien of any mortgage made in good faith and for value as to the Project or any tract therein; provided, however, that such conditions shall be binding on any Owner, except Developer, whose title is acquired by foreclosure, trustee's sale, or otherwise.
Section 5: The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or any member thereof or any owner for a period of twenty-five (25) years from the date hereof, and thereafter shall continue in effect for additional periods of ten (10) years, unless canceled or amended by written vote by the then Owners of at least seventy-five percent (75%) of the acres based upon one vote per cach acre owned.
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Page 23 of 23 in the recorded document
Section 6: Declarant shall have the right during the term of the continuation of this Agreement to add to the real property within the Project any area tracts and the Owners of the tracts within such added portion shall become members of the Association on the same terms and conditions subject to the same restrictions as apply to Owners of tracts within the original Project.
EXECUTED THIS 5 _ day of pas , 2000.
1488 LAND DEVELOPMENT, INC.
LaF
Michael Fitzmaifice, President
ACKNOWLEDGMENT MARK
THE STATE OF TEXAS §
§ Sof DEBUT
COUNTY OF HARRIS §
This instrument was acknowledged before me on the 5 of Neos , 2000, by
Michael Fitzmaurice, President of 1488 LAND DEVELOPMENT, INC.
KAREN V. ATKINSON
Notary Public, State of Texas Public, in and for the State of Texas
‘ y My Commission Explres 05/06/2000 Name: My Commission Expires:
COUNTY oF
"hereby certify thar this | tex File Number Sequence on “he date pe gti ae
Pawwore: A mere 9 nl le Cmnga the ela Pune Recegray Say RECORDS.
\ arn clal Public Records of Real Frove:t. of
3,90 ah 2% Montgomery County Texas “eo SK nr AS hy 7732 \ APR ~ & 2000
LDK5658 (Revised 4/400)