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DOC #2021152075 Pages 32
SUPPLEMENTAL NOTICE OF DEDICATORY INSTRUMENTS
for
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION, INC.
THE STATE OF TEXAS §
COUNTY OF MONTGOMERY §
The undersigned, being the authorized representative for Thousand Oaks Property Owners Association, Inc. (the “Association”), a property owner's association as defined in Section 202.001 of the Texas Property Code, hereby supplements the “Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.”, “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.” and “Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc.” recorded in the Official Public Records of Real Property of Montgomery County, Texas under Clerk’s File Nos. 2021089077 and 2021128436 ("Notice"), the “Certificate of Secretary of Thousand Oaks Property Owners Association, Inc. regarding Supplemental Lake Rules” and the “Certificate of Secretary of Thousand Oaks Property Owners Association, Inc. regarding Common Area Rules”, recorded in the Official Public Records of Real Property of Montgomery County, Texas, under Clerks’ File Nos. 2021140608 and 2021140609 (“Certificate”), which Notice and Certificate were filed of record for the purpose of complying with Section 202.006 of the Texas Property Code. *
Additional Dedicatory Instrument. In addition to the Dedicatory Instruments identified in the Notice and Certificate, the following documents are Dedicatory Instruments governing the Association:
Thousand Oaks Property Owners Association, Inc. Residential
Guidelines
Thousand Oaks POA & Palm Lake Recreation Association Lake Rules
& Regulations
Thousand Oaks POA Boat Registration Form
True and correct copies of such Dedicatory Instruments are attached to this Supplemental Notice.
Supplemental Notice of Dedicatory Instruments for Thousand Oaks Page 1 of 2
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This Supplemental Notice is being recorded in the Official Public Records of Real Property of Montgomery County, Texas for the purpose of complying with Section 202.006 of the Texas Property Code. I hereby certify that the information set forth in this Supplemental Notice is true and correct and that the copies of the Dedicatory Instruments attached to this Notice are true and correct copies of the originals.
Executed on this 1st day of November, 2021.
THOUSAND OAKS PROPERTY OWNERS
ASSOCIATION, INC.
{ \
Ashley Koirtyohann, authorized representative
By:
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned notary public, on this 1st day of November, 2021 personally appeared Ashley Koirtyohann, authorized representative of Thousand Oaks Property Owners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and in the capacity therein expressed.
fej My Commission Expires
AN
ER SANAA HAZRATJEE 3
. \ Notary ID No SE otary ID #131525143 Notary Public in and for the State of Texas Pare April 11, 2022
Supplemental Notice of Dedicatory Instruments for Thousand Oaks Page 2 of 2
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This document is being recorded as a COURTESY ONLY by Roberts Markel Weinberg Butler Hailey PC, without review and without liability, expressed or implied.
Thousand Oaks
Property Owners Association, Inc.
Residential Guidelines
August 2021
In support of the ACC mission as outlined in Section B of this Guideline, the purpose of these Residential Guidelines is to “facilitate the ACC mission with standards to be applied consistently to all members of the TOPOA while making the process of ACC review homeowner friendly, simple to use, easy to understand and beneficial to all.”
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TABLE OF CONTENTS
A. INTENT 1
B. BASIC ARCHITECTURAL CONTROL 1
C. DEFINITIONS 1
D. APPLICATION PROCEDURE 3
E. PLAN STANDARDS 5
F. BUILDER/CONTRACTOR/OWNER CONSTRUCTION REQUIREMENTS 5
G. INSPECTION PROCESS 7
H. SINGLE FAMILY RESIDENTIAL CONSTRUCTION 7
|. PROHIBITED ITEMS 8
J. NO STORAGE OR PASTURING 8
K. OTHER BUILDINGS 8
L. LOCATIONS OF IMPROVEMENTS UPON THE LOT 10
M. LANDSCAPING 10
N. LAKEFRONT LOTS: CONSTRUCTION OF PIER OR DOCK 11
O. SWIMMING POOLS / SPAS 11
P. SANITARY SEWERS 11
Q. FENCES AND WALLS 11
R. ANIMALS ANDANIMAL ENCLOSURES 12
S. SIGNS 12
T. DRAINAGE 12
U. SOLAR ENERGY DEVICES 13
ii
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V. STANDBY ELECTRIC GENERATORS 13
W. ANTENNAS 14
X. MAINTENANCE 14
Y. DISPLAY OF RELIGIOUS ITEMS 15
Z. RAIN BARRELS 15
AA. FLAGS AND FLAG POLES 15
BB. MISCELLANEOUS 15
CC. GRANDFATHER CLAUSE 15
iii
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ARCHITECTURAL GUIDELINES
For
THOUSAND OAKS PROPERTY OWNERS ASSOCIATION
A. INTENT
The intent of these Guidelines is to establish and document standards and Guidelines for items requiring Architectural Control Committee (ACC) approval.
Paragraphs ending with (Section #*, CCR Article X. section X. subparagraph X) are extracted in part or whole from the Covenants, Conditions and Restrictions (CCR’s) for Thousand Oaks Property Owner’s Association, Sections 1 - 4 inclusive, which are filed of record in the Official Public Records of Real Property of Montgomery County, Texas. The specific language of the CCR’s takes precedence over this Guideline.
*There are four developed Sections in TOPOA, each with its own CCR’s. Specific Section #’s will be identified if they have different Article references; otherwise, all Sections have the same numerical reference. It is the responsibility of the applicant to ensure the proper CCR Amendment has been referenced.
B. BASIC ARCHITECTURAL CONTROL
1. The mission of the ACC is to: a) Establish and promote a harmonious design for the community, and b) Protect homeowner property values. 2. The ACC:
The ACC consists of five (5) members including a committee chairman, all of which are residents of TOPOA.
The Basic Architectural Control:
No building or external Improvements of any character shall be erected or changed until the necessary approval has been received from the ACC.
Approval shall be granted or withheld based on matters of compliance with the provisions of the Covenants, Conditions and Restrictions (CCRs) and this instrument, quality of materials, drainage, Harmony of existing design and color with existing and proposed structures and location with respect to topography and finished grade elevation.
C. DEFINITIONS
ACC or Committee: Architectural Control Committee for the Thousand Oaks Property Owners Association, Inc.
APPLICATION PROCESSING FEE: A fee charged for the submission of an ACC Application. Check with the Managing Agent for current fee amount.
CCR: Declaration of Covenants, Conditions and Restrictions.
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COMMENCEMENT OF CONSTRUCTION: For a structure, the date on which the first foundation forms are set. For non-structures, the date on which approval was granted by the ACC.
COMPLETION OF CONSTRUCTION: As approved by the Architectural Control Committee. CONTRACTOR: Builder with overall responsibility for an Improvement project.
CULVERT: A culvert is a structure that allows water to flow under a road, driveway or similar obstruction from one side to the other.
DRIED or DRIED-IN: A shell of a structure has been completed such that water sensitive interior work can commence.
FENCE: A barrier, railing, or other upright structure enclosing an area of ground to mark a boundary, control access, or prevent escape.
GARAGE: Any enclosed building of sufficient size to house a vehicle with a door of sufficient size to accommodate such vehicle is considered a garage regardless of its general use.
HARMONY: All Improvements must be in Harmony with our neighborhood. Harmony is a continuity or agreeable relationship of architectural style, mass, proportion, scale, materials, color and design detail with existing and planned Improvements on adjacent properties and in the neighborhood.
1. Mass - The visual relationship of architectural elements of various sizes to one another and to the immediate environment.
2. Proportion - the relationship of height to width, voids and solids, and the bulk of the structure relative to other nearby structures and parts of the whole.
3. Scale - the visual relationship of architectural and landscape elements to one another and to the immediate environment.
4. Colors and Materials — Items such as siding, trim, doors, windows, gutters, downspouts, roofing, and all other architectural and site elements must be in context with their environment.
HEDGE: A Fence or boundary formed by closely growing bushes or shrubs.
IMPROVEMENT: (a) Work done to change functionality, change structure, or change appearance of a property, or (b) the result of such work, including buildings, roofed structures, parking areas, Fences, walls, Hedges, driveways, swimming pools, and any change in exterior construction, color, or shape of any structure.
IN-KIND REPLACEMENT: Replacement of a component of a property with a new component that is equal to the original component in functionality, quality, and appearance, except for normal wear and tear. In-Kind
Replacements are considered Maintenance.
LAKE: Any water impoundment.
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LAKEFRONT LOT: Any Lots adjoining any portion of any water impoundment or Lake within, or adjacent to, Thousand Oaks.
LOT: See definition specific to Sections One, Two, Three or Four found in CCRs.
MAINTENANCE: With regard to a property, work done to assure continued operation of a property in the same condition and appearance as in the past, normal wear and tear expected. In-Kind Replacements are considered Maintenance.
MANAGING AGENT (management company): A Person or organization designated by the Thousand Oaks POA Board of Directors to manage all or part of the ongoing daily operation of the business of the Thousand Oaks POA and/or the Thousand Oaks ACC.
OUTBUILDING: A building that is separate from, but associated with, a Primary Residence. An Outbuilding has a roof and walls and stands permanently in one place.
PRIMARY RESIDENCE or MAIN DWELLING: The main single-family dwelling on a tract.
SINGLE FAMILY RESIDENCE: One detached, site-built residential house designed to be occupied by one family only.
STANDBY ELECTRIC GENERATOR (SEG): A device that converts mechanical energy to electrical energy.
STRUCTURAL LANDSCAPING: Generally known as “hardscaping,” includes structures such as retaining walls, fencing, cabanas, pergolas, decks, non-habitable shelters, ornamental ponds, water features, etc.
TRACT: See definition specific to Sections One, Two, Three or Four found in CCRs.
WALL: A solid Fence, usually constructed of brick, stone, rock or stucco.
D. APPLICATION PROCEDURE
1. Fee/Deposit - All ACC applications require a fee and deposit at time of submission.
Application Processing Fee: Fee paid to the Managing Agent for applications being submitted to the ACC. Contact the Managing Agent for the current fee amount.
ACC Deposit: This deposit is required to cover any damage that may occur to roadways, other neighborhood structures or common areas.
Upon completion of all work on an approved application (to include the landscaping requirement for new home construction and Culvert ends dressed as required by the CCRs, the Owner may request a deposit refund via email to the Managing Agent.
2. Submission
a) All applications for site or building construction, any Improvements, modifications, any alterations or additions thereto must be submitted to the Architectural Control Committee in writing by fully completing the ACC residential Application form and forwarding to the Managing Agent.
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b) The completed application form shall be submitted to the ACC with plans, drawings and clear photos as required. All applications must be mailed or emailed to the Association’s Managing Agent as set forth in the Association’s most recent management certificate required by the Texas Property Code, Section 209.004. Go to ACC tab on TOPOA website for ACC submission information.
c) Any questions pertaining to the application requirements may be directed to the Association’s Managing Agent or an ACC member.
3. Application requirements (refer to ACC Application Form Checklist) a) Allitems listed below must accompany each application submitted to the ACC.
(1) Fully completed and signed application form. Form must be signed by the actual property owner.
(2) A set of scaled elevation and planned view drawings of the proposed structure showing the top, front, side, and rear exterior views; overall dimensions (length, width, height) of the Improvement.
(3) A copy of the current plot plan/survey (drawn to scale) showing location of easements, all existing buildings and structures, the proposed location of the Improvement, applicable building set back lines, and a description of any proposed screening from view of neighboring properties, roadways, and publicly accessible areas.
(4) A copy of a new septic design plan as designed by a Texas licensed sanitarian or professional engineer and approved by the appropriate Montgomery County permit department.
(5) Color samples for all colors involved must be included. Each exterior color must be an acceptable shade of an earth tone color. See ACC Application Form Checklist.
(6) Copies of all required Montgomery County permits for new home construction and Improvements must be submitted.
(7) Acheck, payable to Thousand Oaks POA, in the appropriate amount as per Section D paragraphi above.
b) It isthe owner's responsibility to determine all easements, build lines and setbacks that exist upon their property, as building in such is not allowed.
c) All required development and septic permits must be in effect at the time of construction. It is the owner's responsibility to obtain the required Montgomery County Development permit and septic permit and any other permits or approvals required from the City, County, or other governmental entities. All enclosed structures must have a permit per Montgomery County Permit Department.
d) Contact Montgomery County Permit Department for additional information regarding properties in a floodplain.
e) If changes are desired to the original design after ACC approval has been given, the owner must consult the ACC to ascertain whether or not a new application will be required for said change(s).
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f) The ACC has thirty (30) days from submittal of a complete application, including all documents and specifications per the requirements listed in these Guidelines to approve the plans.
4. Application Approval
a) ACC decisions shall be conveyed in writing by the Managing Agent of the Association to the applicant and shall include a statement of the conditions under which the application is approved, if any, or the primary reason(s) for disapproving the application. Refer to the specific CCR for your Section.
E. PLAN STANDARDS
All plans and specifications for residential dwellings, barns, garages, sheds, Outbuildings and all other structures covered in this document and the CCR’s should be drawn in a professional manner. An architect or designer is not required, but recommended for generally better design results. All documents provided must be clear and legible.
Thousand Oaks plan standards are as follows:
Site Plans: A scaled site or plot plan/survey to show the dimensions of the Lot and the shortest distance from each side of the proposed construction to the corresponding easement and building set back line.
Floor Plans: A scaled floor plan to show the dimensions and location of all rooms, patios, balconies, garages, driveways, Fences, and structures.
Elevations: A scaled elevation view of all sides is required to show exterior materials, floor and slab heights, and roof slopes.
Foundation Plans: All structures must have a support or foundation plan. Landscaping Plan: As required. See Section M.
Zero Net Change of Water Flow: No changes in topography will be allowed that adversely affect neighboring properties. (CCR Article IIl.1)
Front entry garages are allowed only as detached garages located behind the back plane of the Primary Residence. Otherwise, the primary garage must load from the side or the back of the Primary Residence.
F, BUILDER/CONTRACTOR /OWNER CONSTRUCTION REQUIREMENTS
Construction Hours: ¢ Monday through Friday: 7 a.m. to 8 p.m. ¢ Weekends and Holidays: 8 a.m. to 7 p.m.
The ACC must grant written approval for exceptions to these construction hours. All requests for exceptions will be considered on a case-by-case basis.
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2. The owner agrees to abide by the following:
The controlled burning of underbrush and trees during Lot clearing shall be permitted on site only with approval of the District Fire Marshall. No burning of debris is allowed in the right-of-way. All burning must be monitored at all times. No treated wood and/or materials (roofing, plumbing, tires, or any material that would not be approved for burning by the EPA) shall be burned on the property.
3. The work site needs to be kept clean. The property owner and/or the contractor are responsible for policing the site and adjacent areas to keep it free of all trash and debris. No dumping in the Lakes or on any property within Thousand Oaks is allowed.
4. Owner and/or Contractor are responsible for keeping mud, dirt, etc. off of the roadway and meeting all Texas Commission of Environmental Quality (TCEQ) and Environmental Protection Agency (EPA) requirements regarding movement of silt and other materials from building site to drainage ditches and/or adjacent properties. Contractors and owners will be responsible for repair to any road or road right-of-way, shoulders, ditches, culverts, fences, bridges, street signs, mailboxes, or other damage during the course of construction.
5. During construction, all vehicles must be parked on the same side of the street so as not to restrict traffic flow any more than is necessary around the construction site.
6. 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 and to protect drainage easements and ditches. (Sections 1 & 2, CCR Article lV.17 and Sections 3 & 4, CCR Article IV.16)
7. Music and Noxious Activity:
a) Any music played on construction properties should be kept at an acceptable level and should not impact neighbors.
b) No obnoxious activity of any kind should emanate from a work site that adversely affects neighboring home owners or the community in general. A noxious, offensive or annoying activity shall be judged as such at the sole discretion of the ACC.
8. A Foundation Form Survey by a State of Texas Registered Professional Surveyor may be required to be performed and provided to the ACC prior to pouring of the foundation; said survey insuring the foundation is sited as approved by the ACC. Letter from Surveyor verifying requirements may be emailed to owner and forwarded to the Managing Agent.
9. For each construction site requiring more than seven (7) days to complete construction a portable toilet is required to be on site at the start of construction and should be placed behind a 25’ setback wherever possible.
10. All posted speed limits and other signage within the subdivision must be adhered to at all times. The TOPOA Board reserves the right to levy fines for violators.
11. No dumping or cleaning of cement trucks or dumping of construction material is allowed on any other property or right-of-way within Thousand Oaks (i.e. neighboring Lots, ditches, parks, and all easements).
12. Design of roadside ditches must not be impeded. See Section T for drainage requirements.
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13. Immediately upon receiving ACC approval for construction completion, a mailbox shall be installed and must have the street number on both sides and follow US Postal Guidelines. To maintain Harmony, all mailboxes of same design shall be installed. Mailbox recommendations are on the TOPOA website.
G. INSPECTION PROCESS
1. Periodic inspection may be performed to assure full compliance with all requirements as indicated in these Guidelines.
2. Non-compliance with ACC approval: If for any reason an Improvement is deemed not to be in compliance with the approved plans and application, the owner will be notified by the Managing Agent. The cessation of construction will be required until the item(s) in non-compliance is/are corrected.
3. Failure to comply with the above requirements may result in fines or legal action.
H. SINGLE FAMILY RESIDENTIAL CONSTRUCTION
One dwelling unit per each Lot may be used for the purpose of Primary Residence except that one guest/servants house may be built. Said guest/servants house must be built after or while the Main Dwelling is being built. All dwellings must have at least the minimum square footage specified in the CCR document for the applicable Section of Thousand Oaks, excluding porches, and be built with new construction materials. (CCR Article IV.2) It is a County requirement that the two dwellings be connected to form a single residence, usually by a roof connection. For two separate dwellings the County requires 2 acres minimum and a second street address.
1. Building Foundations: All building foundations shall consist of concrete slabs, however, the ACC may approve a different type of foundation when circumstances make it impractical to use concrete slabs.
Building foundations will be designed by a Professional Engineer registered in the State of Texas.
2. Contact Montgomery County Permitting Department regarding all construction permit requirements including building in a floodplain.
3. Roofing: Roofing material must be consistent with the architectural style of the building and in Harmony with the neighborhood. Roofing must be fire resistant. Composition roofs shall be architectural shingles. Three tab shingles and roofing overlay is not allowed. Wood shingles, shakes, barrel tile or total metal roofs on homes are prohibited. Accented metal on roofs is subject to ACC approval. All exposed metal accessories (i.e. stack vents, flashing, ventilators, etc.) should match or be compatible with the roof and house colors.
4. Chimney(s): Either brick or prefabricated metal fireplaces with brick or metal flues may be used. Brick, stone, plank siding, or other standard chimney materials may be used. Chimney caps/spark arrestors and exposed metal flues must be painted to be compatible with the house colors.
5. Exterior Materials and Colors: Materials should be conventional and approved for residential construction. Each exterior color must be an acceptable shade of an earth tone color. The ACC must review and approve any unconventional material or color. See Section D.3.a) (5).
6. Driveways, parking areas, and sidewalks: Driveways, parking areas, and front sidewalks must be concrete, no other materials are authorized.
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7. Timing of Construction:
a)
b)
c)
For the purposes hereof, the term “Commencement of Construction" shall be deemed to mean the date on which the first foundation forms are set.
A Foundation Form Survey by a State of Texas Registered Professional Surveyor may be required to be performed and provided to the ACC prior to pouring of the foundation; said survey insuring the foundation is sited as approved by the ACC. Letter from a Texas licensed professional surveyor verifying requirements may be emailed to the owner and forwarded to Managing Agent.
Construction and landscaping must be completed within the timelines described that are applicable to your specific Section.
8. ACC approval is valid for 12 months from date of ACC Plan Review Determination.
I. Prohibited Items (This is not an all inclusive list)
a)
b)
d)
e)
8) h)
Residential ditches may not be utilized for construction access to an owner's property without ACC approval. For the prevention of silting, the ACC may require a temporary culvert or construction mats as a means to breach into the property thus avoiding the owner’s driveway use. (Ask your contractor about mats).
The colors of black, white and grey as well at board and batten style homes (not previously authorized) in Section 4 on the lakes is prohibited due to the concentration of such in similar styles and colors.
No material of any nature may be dumped, even temporarily, onto or into the ditches or the street.
Painting or re-painting of houses may NOT include the painting of any brick or stone. All painting of homes when changing colors requires ACC approval.
No three-tab shingles or over roofs are allowed. Exact shingle replacement is considered maintenance but any change in color requires ACC approval.
No dog runs are allowed as the caging (fencing) is too similar to chain link fence which is specifically prohibited.
All allowed metal fencing must be black. See section on fencing for detail.
Homes may have metal accents on roofs, but not full metal roofs nor barrel tile roofs. Any request for energy efficiency roofs will be considered and approved if meeting requirements discussed elsewhere in these Guidelines.
J. NO STORAGE OR PASTURING
Storage of equipment, materials, or any other product, or pasturing of livestock is strictly prohibited prior to construction of primary residence. (Sections 1 & 2, CCR Article IV.20. Sections 3 & 4, CCR Article IV.19).
K. OTHER BUILDINGS
1. Prior to Primary Dwelling Construction: outbuildings, workshops, and barns may not be
TOPOA Residential Guidelines
August 2021
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constructed on the property prior to the Primary Dwelling. (CCR Article IV.3)
2. Contact Montgomery County Permitting Department regarding all construction permit requirements including building in a floodplain.
3. Outbuildings, such as detached garages, workshops, barns, and standalone structures must be in Harmony (see definition of Harmony in Section C) with both the specific Lot in question and the neighborhood surrounding the Lot in question. Outbuildings, singularly or in combination with other Outbuildings on the property, should not overwhelm the Primary Residence, appear out of place on the size of Lot in question, interfere with the septic system or alter the flow of water onto neighboring property. Outbuildings such as sheds shall be properly anchored. Outbuildings used for storage must be of conventional construction and materials similar to the home including shingles. All garages must have access by a concrete driveway to the street.
4. Variables (not all-inclusive) that must be considered by the ACC on a case-by-case basis:
Size of structure relative to the Primary Residence and other Outbuildings planned or in
existence on the Lot. Structure size shall not exceed the living square footage of the primary residence.
e@ Size and shape of the Lot and Outbuildings that are planned as Improvement. ¢ Placement should be to the side or rear, but behind the back plane of the Primary Residence.
Materials of the Outbuilding relative to the Primary Residence.
Location of the septic system relative to the placement of the Outbuildings, pool/spa, Lake,
trees, property lines, easements, flood zone, etc.
The flow of water around the proposed Outbuilding and its effect on neighboring Lots.
The effects of “all the above” on the Harmony of the neighborhood.
5. Plans must be drawn in a professional manner and include the drawings, description of construction materials, colors and other appropriate documentation.
6. A plot plan/survey must be provided noting the structure with the proposed orientation in relation to the home and all existing easements and setback lines. See Section L.1.
7. Elevation drawings must show the front, back and sides and specifics of the building materials.
8. If siding is used it must be fiber cement siding, e.g. Hardi-Plank Siding, and should be in Harmony with the Primary Residence. Roof materials should match the Primary Residence.
9. Culverts: See Section T. 10. Metal Buildings (if authorized):
a) All metal buildings not matching the residence in architectural design, materials and color must be finished in basic earth tone colors to blend in with the surroundings and have a manufacturer’s warranty with a minimum of twenty (20) years.
b) No pre-manufactured or move-on buildings of unfinished tin, aluminum, resin, or Rubbermaid type material (big box store type) may be used as an outbuilding.
c) Color samples of roof and sides of any buildings must be submitted.
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d) Metal Garages may be allowed on a case by case basis. All garages will require either a full front or a balanced proportional front of matching brick/stone or masonry material (including Hardi-board or metal board and batten (B&B) style paneling along with 36” to 48” of wainscoting on the other three (3) sides, including support columns, if so designed and allowed. This shall be at the sole discretion of the ACC in working with the owner to achieve the balance and harmony between the home and metal garage. In the event an agreement cannot be reached, the alternative is for the owner to build a garage as described below in 10 (e) so that an exact match may be achieved.
e) Due to various factors, the ACC may require standard framed (stick) construction with shingled matching roof if deemed a metal building would not be in Harmony or be detrimental to the overall general appearance at a particular location.
L. LOCATIONS OF IMPROVEMENTS UPON THE LOT
1. Building Setback Lines: 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. (CCR Article IV.9) Note, 10 feet in Sect 4 only.
2. 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 depicted in the plat or 15 feet from adjacent property Owner's line, whichever is greater. (CCR
Article 1V.9) Note the ACC cannot grant permission to construct or place an
improvement upon or across any utility, setback, or easement. (CCR Article II.2)
3. Residential Structure Orientation: The Primary Residential structure on any Lot shall face the front of the Lot towards the street or road unless a deviation is approved in writing by the ACC. A residential structure constructed on a corner Lot may face either adjacent street, or be sited at an angle to the two intersecting streets.
M. LANDSCAPING
e
Structural Landscaping and Hedges require ACC approval. See Definition Section.
2. \fa yard has been cleared it shall be covered by grass, ground cover; shrubs and flowers or other landscaping after the residential structure has been completed. Bare dirt and weeds are not acceptable. See specific requirements for your Section.
3. Landscaping requirements for ski lake lots. See Section 4, Second Amendment, Article IV,
Section 27. The requirement for palm trees has been removed by the Board of Directors.
4. Landscaping Equipment and Materials: All yard equipment or storage piles shall be kept screened from view from the front of the Lot, or on a corner Lot, kept behind the back plane of the Primary Residence. The ACC may require screening on a case-by-case basis.
5. Xeriscape Landscape requires ACC approval. For official guideline requirements for Xeriscape Landscaping, see Section 7 of the Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc., DOC 2015003583 filed with the Montgomery County Clerk on 01-14-15, located on the Thousand Oaks POA website.
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N. LAKEFRONT LOTS: CONSTRUCTION OF PIER OR DOCK
No pier, dock, boat slip, fence or similar structure shall be constructed on any Lot other than Lakefront Lots that adjoin any Lake. Any such structure shall be subject to ACC approval. See Application Submission Checklist.
O. SWIMMING POOLS / SPAS
1. An application for the construction of an in-ground swimming pool or spa must include a plot plan/survey showing the proposed location of the swimming pool or spa, pool equipment in relation to the property lines, building set back lines, existing structures, existing or proposed Fences and county required permits including a new approved septic plan. Additional features including materials and color of decking, water features, outdoor kitchens, etc. must be included on the application. Above ground swimming pools are prohibited. Above ground hot tubs independent of a pool will be reviewed on a case-by-case basis. See Residential Application Form/Checklist.
2. All swimming pools and spas must comply with the Texas Health and Safety Code plus the National Electric Code.
3. No swimming pool or spa shall be constructed in a manner to impede drainage on a Lot or to cause water to flow onto an adjacent Lot.
4. Swimming pool equipment must be screened from view at ground level from any street and located to minimize impact on adjacent properties.
P. SANITARY SEWERS
1. 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. (CCR Article IV.10)
2. No outside, open or pit type toilets will be permitted, except portable toilets during construction, as provided in Section F.9 above.
3. Aseptic plan is required by the deed restrictions. (CCR Article III.1).
Q. FENCES AND WALLS (Section 1 & 2, CCR First Amend, Article IV.13 & Sections 3 & 4, CCR Article IV.12)
1. All walls, Fences and boundary Hedges must be approved by the ACC. Except as otherwise provided herein, no walls or Fences shall be erected or maintained nearer to the front of any Lot than the front of the residential dwelling constructed on the Lot or, on corner Lots, nearer to the side Lot line than the side Lot building line parallel to the side street as shown on the recorded plat.
2. Fences from the front of the residential dwelling to the street and parallel to the street shall be constructed of white PVC with three rails.
3. For small animal retention, all wire fencing is be used in conjunction with the white PVC 3-rail fence ONLY and must be 2” by 4” galvanize welded wire and a minimum of 14 gauge. It shall be installed on the inside of the Fence.
4. All walls and Fences on Lakefront Lots must be of ornamental metal construction and shall be black in color.
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5. Pilasters in Harmony with the main residential structure may be used in conjunction with all ornamental metal Fences.
6. All wooden Fences shall be constructed of material to be approved by the ACC. All wooden Fences exposed to view from the street shall be built so that the finished side faces the street. Smooth side out. Wooden Fences are discouraged where views to any lake are hindered. ACC may approve stained wooden fences but discourage painted wood fence.
7. No chain link Fences shall be erected, placed, or permitted to remain on any residential Lot. 8. No Fence shall be installed that will impede the natural flow of water across the Lot.
9. Fence heights are approved by the ACC on a case-by-case basis and will be in accordance with neighborhood Harmony. A height of six (6) foot is considered standard. Special heights are allowed in certain areas, and require ACC approval. All privacy Fences must be built with vertical pickets. All fences must be kept clean and in good repair.
10. All wooden fences must be 100 foot setback from any front or side street.
R. ANIMALS AND ANIMAL ENCLOSURES
1. County ordinances provide that pets must be on a leash when outside the home or Fenced yard.
2. Dog runs are typically not allowed due to inability to meet Fencing standards, i.e., a general appearance similar to chain link, which is forbidden.
3. Electronic fencing and other forms of small animal fencing are allowed. See Q 3 page 11.
S. SIGNS
1. One “For Sale” sign per residential lot is allowed for advertising the sale of the property. 2. Signs must be placed such that TOPOA contracted mowing will not be hindered.
3. Signs for contractors doing work on the property such as, painters, pool builders, remodelers, are not allowed.
4. Political signs are allowed but must follow Texas Property Code 202.009.
5. Political signs, banners and flags are prohibited from being displayed or mounted on Fencing, walls, trees or utility poles.
6. No signage may be placed on utility poles, street sign poles, Fences, walls or on/over any Association Common Areas.
T. DRAINAGE
1. No Culvert, bridge, or crossing may be installed by Lot Owners unless approved by the proper governmental authorities and the Architectural Control Committee. (Sections 1 & 2, CCR Article I1V.15 and Sections 3 & 4, CCR Article IV.14)
2. All Culverts will be installed with headers, or retainers on each end to prevent erosion (behind the culvert) with a dressed concrete vertical wall extending a minimum of 4” above the driveway plane on each side. Culvert ends must be approved by the ACC prior to installation of Culvert or wings. Wings are the matching brick/stone facing on the concrete or may be moss rock. (See CCRs).
Page 18 of 22 in the recorded document
Dry stacking for dressing of Culvert ends is not conducive to long term prevention of erosion and therefore prohibited.
Surface drainage must not cause damage to adjacent sites or existing vegetation as a result of development either during or after construction.
See additional Guideline references for drainage in Sections B.2, F.4, F.6, & F.12.
Federal, State and CCRs prohibit any construction in designated easements throughout Thousand Oaks. Example; any areas designated as drainage/retention on plat drawings. Temporary entries may be installed for reaching other areas of the property from the road for construction projects. They must be constructed to allow unimpeded water drainage through the use of pipe or heavy equipment mats. Temporary culverts must be removed and restored to the previous state for a project to be considered complete. All methods must be approved prior to start.
Entry through the ditch, contributes to downstream silting and endangers utilities and is therefore prohibited.
New pools or other improvement structures must not cause drainage onto adjacent property.
No Construction material of any type may be placed on streets or in ditches, even temporarily.
U. SOLAR ENERGY DEVICES
For official guideline requirements for Solar Energy Devices, see Section 3 of the Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc., DOC 2015003583 filed with the Montgomery County Clerk on 01-14-15, located on the Thousand Oaks POA website.
The owner is required to obtain a “letter of approval” from each adjoining property owner and forward to the ACC for approval before the start of installation.
V. STANDBY ELECTRIC GENERATORS
Standby Electric Generators (SEG) are permitted to the extent required by Texas Property Code 202.019, subject to the following regulations, which shall be reasonably applied and enforced.
The owner shall first apply to and receive written approval from the Architectural Control Committee (ACC) prior to the installation of any SEG permitted by 202.019 that will be located outside of the main residential structure on the property, in the same manner as all other submissions for approval or improvements to property.
The SEG must be powered by natural gas. Storage tanks, above ground or buried, are not allowed.
The SEG must be installed and maintained in compliance with the manufacture specifications and applicable governmental health, safety, electrical and building codes.
4. All electrical, plumbing and fuel line connections for the SEG shall be installed only by licensed contractors and all electrical connections must be installed in accordance with applicable governmental health, safety, electrical and building codes.
5. All natural gas connections for the SEG shall be installed in accordance with applicable governmental health, safety, electrical and building codes.
6. All repairs, replacements, or removal of deteriorated or unsafe components of a SEG, including electrical or fuel lines must be performed by a licensed professional.
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7. The SEG shall be screened in accordance with plans submitted to and approved by the ACC, if it is: a) Visible from the street faced by the dwelling,
b) Located in an unfenced side or rear yard of residence and is visible either from an adjoining residence or from adjoining property owned by the property owners association, or
c) Located in a side or rear yard fenced by open style fencing and is visible through the fence either from an adjoining residence or from adjoining property owned by the property owners association.
8. The SEG shall be periodically tested in accordance with the manufacturer recommendation. Monday thru Friday, 7:00 a.m. to 8:00 p.m. or Saturday and Holidays, 8:00 a.m. to 7:00 p.m.
9. The SEG shall not be used to generate all or substantially all of the electrical power to the residence, except when utility generated electrical power to the residence is not available or is intermittent due to causes other than nonpayment for utility service to the residence.
10. The SEG shall be located in a location submitted to and approved by the ACC.
11. The SEG shall not be located on property owned or maintained by the property owners association or owned in common by the property owners association.
12. The location required by the ACC for a SEG may not increase the cost of installing the SEG by more than 10% or increase the cost of installing and connecting the electrical and fuel lines for the SEG by more than 20%.
W.ANTENNAS
1. Please see the Telecommunications Act of 1996, still in effect as of the date of this publication. https://www.fcc.gov/media/over-air-reception-devices-rule
X. MAINTENANCE
1. Each owner shall, at his sole cost and expense, perform Maintenance on his property, as defined in Section C, Definitions, repeated here for clarity:
“With regard to a property, work done to assure continued operation of a property in the same condition and appearance as in the past, normal wear and tear notwithstanding. In-Kind replacements are considered Maintenance.”
Section1; Third Amendment, Article V Section 2; Third Amendment, Article V
Section 3; Article V Section 4; First Amendment, Article V
2. Maintenance shall not require the prior approval of the ACC if there is no change to the footprint or foundation, top, bottom, front, back, or sides of the Improvement and the materials and colors used to perform the Maintenance are the same as those contained on the previously approved ACC application or as originally installed.
3. Repainting a main dwelling or other structure the same color, repairing/replacing rotted wood on a structure, replacing a roof with the same shingle material and color is maintenance.
4. For the purposes of this section the repainting of a structure or Improvement which results
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in the complete change of color of the structure or Improvement or a substantial portion thereof shall be deemed a change and not Maintenance and shall require ACC approval.
Y. DISPLAY OF RELIGIOUS ITEMS
For official guideline requirements for Display of Religious Items, see Section 6 of the Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc., DOC 2015003583 filed with Montgomery County Clerk on 01-14-15, located on the Thousand Oaks POA website.
Z. RAIN BARRELS AND RAIN HARVESTING SYSTEMS
For official guideline requirements for Rain Barrels and Rain Harvesting Systems, see Section 2 of the Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc., DOC 2015003583 filed with Montgomery County Clerk on 01-14-15, located on the Thousand Oaks POA website. Shielding from street view will be required.
AA. FLAG AND FLAG POLES
Section 202.011 of the Texas Property code provides that a property owner’s association may not enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting a flag of the United States of America, the flag of the State of Texas, or an official or replica flag of any branch of the United States armed forces, except as otherwise provided therein.
ACC approval is required for flagpoles that do not comply with all setbacks, above-ground flagpole stands and/or footings and illumination. For official Guideline requirements for Flags and Flag Poles, see Section 5 of the Supplemental Notice of Dedicatory Instruments for Thousand Oaks Property Owners Association, Inc., DOC 2015003583 filed with Montgomery County Clerk on 01-14-15, located on the Thousand Oaks POA website.
202.011 In Summary: 5.4a: Not more than one (1) freestanding flagpole or flagpole attached to the residential dwelling or garage is permitted on a Lot. Freestanding flagpoles maximum height 20 feet. A flagpole attached to the dwelling or garage, maximum length is 6 feet. Sec. 5.4e:A flagpole shall not be located in an easement or encroach into an easement. (Therefore, flags may not be placed on a fence and encroach over the ditch which is owned and maintained by the POA.) It may not become a matter of public safety such as to mowing personnel.
BB. MISCELLANEOUS
1. ACC may regulate unconventional colors, i.e. “not based on what is generally done or believed”.
What is ‘generally been done” in Thousand Oaks to protect property values, is not to allow a concentration of ‘look-a-like’ similarly built style or colored homes to be gathered or concentrated on one street or in one area, or section. Since it is obvious to owners and the belief of the ACC members that such is occurring in Section 4, on the Lake front homes, we have unanimously exercised our due diligence to place a moratorium on what is generally known as Board and Batten style homes as well as the colors of white, black and gray as the homes primary (overall) color choice.
2. Decorative Items: Items such as garden flags, flags, lighting, signs, etc. may not be placed in or over the ditches (street side of Fence). This interferes with mowing and creates a danger to the public and mowing personnel. Furthermore such area is a utility easement and is considered common property managed by the POA and therefore prohibited by 202.011. Flags, lighting, signs may not encroach areas
Page 21 of 22 in the recorded document
maintained by the POA.
3. State Law provides that No items may be attached or mounted to a utility pole as it is a hazard to utility personnel. Temporary signage may not be attached to stop signs, street pole/signs, or gates.
Window Air Conditioning: Are allowed but must be hidden from the street view. Construction access via ditch requires ACC approval and specific limited conditions. (See T.7.)
CC. Grandfather Clause
1. Improvements that were previously approved and verified by the Architectural Control Committee prior to the adoption of these Guidelines will be considered grandfathered and are thereby not subject to subsequent changes made to the Guidelines.
2. Issues with septic cannot be grandfathered by the Board or ACC as septic system regulations fall under the County Health Department. Additionally, improvements that are considered hazardous cannot be grandfathered as the POA cannot accept liability for these improvements.
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Doc #: 2021152075
E-FILED FOR RECORD
11/01/2021 04:43PM
Mab Inbl!
COUNTY CLERK
MONTGOMERY COUNTY, TEXAS
STATE OF TEXAS,
COUNTY OF MONTGOMERY
| hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein
by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
$c) Mab abl
County Clerk Mantgomery County, Texas
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