AcE etre teta D224072879 HOLSON 04/29/2024 12:45 PM Page: 1 of 5 Fees: $36.00 NOTICE SUBMITTER: KATHLEEN DURAPAU SECURITY MEASURES POLICY for BROOKWOOD HILLS If HOMEOWNERS ASSOCIATION, INC.
THE STATE OF TEXAS § § COUNTY OF TARRANT § rn CfA Ha resi ent o rOOKWOO 1 omeowners Association, Inc. (the “Association”), do hereby certify that at a meeting of the Board of Directors, of the Association (the “Board”) duly called and held on the +43 day of Opel , 2024, with at least a quorum of the Board members being present and remaining throughout, and being duly authorized to transact business, the following Security Measures Policy was duly approved by a majority vote of the members of the Board in attendance.
RECITALS a. The property encumbered by this Security Measures Policy (the “Policy”) is that property restricted by the Second Supplemental Declaration of Restrictive Covenants, Conditions, and Restrictions of Phase II Brookwood Hills, recorded in the Official Public Records of Tarrant County, Texas at Clerk’s File No. D221312994, as same has been or may be amended and supplemented from time to time (the “Declaration”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Association a The Board has determined that, in order to provide guidance regarding security measures authorized by Texas Property Code Section 202.023, it is appropriate for the Association to adopt a Security Measures Policy for the properties under the jurisdiction of the Association.
3. This Security Measures Policy replaces and supersedes any previously recorded or implemented policy that addresses the subjects contained herein, if any, adopted by the Association.
he Association.
3. This Security Measures Policy replaces and supersedes any previously recorded or implemented policy that addresses the subjects contained herein, if any, adopted by the Association.
4. Any reference made herein to approval by the Architectural Control Committee (the “ACC”), means prior written approval by the ACC.
D. All capitalized terms in this Policy shall have the same meanings as that ascribed to them in the Declaration.
SECURITY MEASURES POLICY 1 ACC Application Required. Before any security measure contemplated by Section 202.023(a) of the Texas Property Code (“Code”) is constructed or otherwise erected on a Lot, an ACC application must be submitted to the Association and approved in writing in accordance with the Declaration. The following information must be included with the application: Page 1 of 5 Security Measures Policy for Brookwood Hills IT Homeowners Association, Inc.
b. Security measure fencing forward of the residential structure on a Lot as depicted on the applicable Lot survey: (i) Must be metal fencing (either steel, wrought iron, or aluminum) measuring no more than six feet (6’) in height. The ACC shall have the discretion to approve any other type of metal security measure fencing, however, the follow types of metal fencing are prohibited and will not be approved: (1) stamped metal fencing (including gates); (2) metal panel fencing; and (3) solid metal fencing. It is the intent of this Policy that all security measure fencing forward of the front building line on a Lot have the appearance of what is commonly called “wrought iron fencing”; (ii) | Mustconsist of straight horizontal rails and straight vertical pickets and/or posts; (iii) | Must be black or any color approved by the ACC (including gates);
nly called “wrought iron fencing”; (ii) | Mustconsist of straight horizontal rails and straight vertical pickets and/or posts; (iii) | Must be black or any color approved by the ACC (including gates); (iv) Security measure fencing pickets shall be 3/4”, 4” on center with 11/4” top and bottom rails. All framing must be on the inside (i.e., the residence side) of the security measure fencing; (v) | Any driveway or pedestrian gates on security measure fencing must be of the same material as the fencing and swing inward and related fence motors/equipment must be kept screened from view with evergreen shrubs or in such other manner approved in writing by the ACC; (vi) | When security measure fencing meets a wood fence, the security measure fencing may not be attached to the wood fence. The security measure fencing shall be terminated with a three-inch (3”) metal post (either steel, wrought iron, or aluminum) adjacent to the wood post/ wood fencing; and (vii) | Chain link, brick, concrete, barbed wire, electrified, vinyl, wood and stone security measure fencing is expressly prohibited and will not be approved by the ACC.
it. All security measure fencing must be installed per the manufacturer’s specifications and all electric gates must be installed by a licensed electrician in accordance with all applicable codes and applicable governmental regulations.
d. The ACC shall have the discretion to determine any additional types of approvable or prohibited security measure fencing.
- If the proposed security measure fencing is located on one or more shared Lot lines with adjacent Lot(s) (“Affected Lots”), all Owners of record of the Security Measures Policy for Brookwood Hills II Homeowners Association, Inc.
Page 3 of 5
is located on one or more shared Lot lines with adjacent Lot(s) (“Affected Lots”), all Owners of record of the Security Measures Policy for Brookwood Hills II Homeowners Association, Inc.
Page 3 of 5 Affected Lots must sign the ACC application evidencing their consent to the security measure fencing before the requesting Owner (“Requesting Owner”) submits the ACC application to the ACC. In the event that the Affected Lot Owner(s) refuse to sign the ACC application as required by this section, the Affected Lot Owner(s) and Requesting Owner hereby acknowledge and agree that the Association shall have no obligation to participate in the resolution of any resulting dispute in accordance with this Policy.
4. Burglar Bars, Security Screens, Front Door Entryway Enclosures. All burglar bars, security screens, and front door entryway enclosure shall be black or any color approved by the ACC. Notwithstanding the foregoing, the ACC shall have the discretion to approve another color for burglar bars, security screens and front door entry enclosure if, in the sole and absolute discretion of the ACC (subject to an appeal to the Board of Directors in the event of an ACC denial), the proposed color of the burglar bars, security screens, and front door entryway enclosures complements the exterior color of the dwelling. All burglar bars and front door entry enclosures must be comprised of straight horizontal cross-rails and straight vertical pickets.
Decorative elements and embellishments (whether part of the original construction of the burglar bar or security screen or are add-on decorative elements/embellishments) of any type are prohibited on burglar bars, security screens, and front door entryway enclosures.
l construction of the burglar bar or security screen or are add-on decorative elements/embellishments) of any type are prohibited on burglar bars, security screens, and front door entryway enclosures.
5. Location. A security measure may be installed only on an Owner’s Lot, and may not be located on, nor encroach on, another Lot, street right-of-way, Association Common Area, or any other property owned or maintained by the Association. No fence shall be installed in any manner that would prevent someone from accessing property that they have a right to use/access such as a sidewalk.
6. Disputes; Disclaimer; Indemnity. Security measures, including but not limited to, security cameras and security lights shall not be permitted to be installed in a manner that the security measure is aimed/ directed at an adjacent property which would result in an invasion of privacy, or cause a nuisance to a neighboring Owner or resident. In the event of a dispute between Owners or residents regarding security measure fencing, or a dispute between Owners or residents regarding the aim or direction of a security camera or security light, the Association shall have no obligation to participate in the resolution of the dispute. The dispute shall be resolved solely by and between the Owners or residents.
EACH OWNER AND OCCUPANT OF A LOT WITHIN THE PROPERTY ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, INCLUDING ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES AND THE ACC, ARE NOT INSURERS AND THAT EACH OWNER AND OCCUPANT OF ANY DWELLING AND/OR LOT THAT HAS A SECURITY MEASURE THAT HAS BEEN OR WILL BE INSTALLED PURSUANT TO THIS POLICY ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO DWELLINGS AND IMPROVEMENTS AND TO THE CONTENTS OF DWELLINGS AND
AT HAS A SECURITY MEASURE THAT HAS BEEN OR WILL BE INSTALLED PURSUANT TO THIS POLICY ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO DWELLINGS AND IMPROVEMENTS AND TO THE CONTENTS OF DWELLINGS AND IMPROVEMENTS, AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, INCLUDING ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES AND THE ACC, HAVE MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER OR OCCUPANT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, Security Measures Policy for Brookwood Hills II Homeowners Association, Inc.
Page 4 of 5 EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY SECURITY MEASURE THAT MAY BE APPROVED BY THE ACC PURSUANT TO THIS POLICY.
OWNERS OF LOTS WITHIN THE PROPERTY HEREBY AGREE TO INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND (ON DEMAND) THE ASSOCIATION, INCLUDING ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES AND COMMITTEE MEMBERS COMPRISING THE ACC (COLLECTIVELY REFERRED TO AS THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY AN OWNER OR OCCUPANT) IF SUCH CLAIMS ARISE OUT OF OR RELATE TO A SECURITY MEASURE GOVERNED BY THIS POLICY. THIS COVENANT TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITHOUT LIMITATION) CLAIMS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE INDEMNIFIED PARTIES’ OWN NEGLIGENCE, REGARDLESS OF WHETHER SUCH NEGLIGENCE IS THE SOLE, JOINT, COMPARATIVE OR CONTRIBUTORY CAUSE OF ANY CLAIM.
Any installation not in compliance with this Policy will be considered a violation of the dedicatory instruments governing the subdivision.
CERTIFICATION Thereby certify that I am the duly elected, qualified and acting President of the Association
licy will be considered a violation of the dedicatory instruments governing the subdivision.
CERTIFICATION Thereby certify that I am the duly elected, qualified and acting President of the Association and that the foregoing Security Measures Policy was approved by not less than a majority vote of the Board as set forth above and now appears in the books and records of the Association, to be effective upon recording in the Official Public Records of Tarrant County, Texas.
FILED AND RECORDED OFFICIAL PUBLIC RECORDS OF BROOKWOOD HILLS II HOMEOWNERS TARRANT COUNTY, TEXAS ASSOCIATION, INC.
pasan7ae7é 04/29/2024 12:45 PM NOTICE — By: Pages: 5 as; 1) € si Its: President THE STATE OF TEXAS § § COUNTY OFT (are § of AK NN , 2024, personally appearedJAMWUn DATPAW, President of Brookwood Hills II Homeowners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purpose and in the capacity therein expressed.
ALEXIS BEDOLLA Notary ID 4132831220 My Commission Expires December 17, 2024 Notary Public in and for the State of Texas oe for Brookwood Hills II Homeowners Association, Inc.
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