AMENDED AND RESTATED ARCHITECTURAL, DESIGN STANDARDS AND REGULATIONS OF Dnr, L.q.co Esrerns STATE OF TEXAS COLINTY OF MONTGOMERY $ DEL LAGO ESTATES PROPERTY OWNERS ASSOCIATION, A TEXAS NON-PTOfit corporation (hereinafter the "Association"), being the property owners association for Del Lago Estates, a subdivision in Montgomery iounty,- Texis according to the map or plat of said subdivision recorded in Plat cabinet "D", sheet 707A, Map Records of Montgomery countr Texas (hereinafter the "subdivision"); pursuant to the First Amended and Restated Declaration of covenants, conditions, Assessments, charges, servitudes, Liens, Reservations and Easements dated September 21, lg82 (hereinafter the "Declarations") amends, adopts and restates the following architectural design standards and regulations for the Subdivision, to be effective on Subject to the Declarations, the Association, acting by and through its board of directors pursuant to Section 2.01 andlor other sections of the Declarations hereby adopts the following amended and restated Architectural Design Standards and Regulations for the Subdivision and the Association' s members (hereinaft er the "Architectural Standards")' General Provisions 1.01. These Architectural Design Standards and Regulations are intended to supplement, claify, and to give effect to the Declarations (as currently exist and as same may be amended) and tfierefor", th" Architectural Standards and Declarations should be read to harmonize with each other to the fullest extent possible to give effect to both the Architectural Standards and the Declarations. In the event of a conflict between the Architectural Standards and the Declarations
h each other to the fullest extent possible to give effect to both the Architectural Standards and the Declarations. In the event of a conflict between the Architectural Standards and the Declarations which cannot be harmonized, the terms of the Declarations shall control. By adopting the Architectural Standards, the Association intends to exercise the maximum degree of discretion and rule making authority given to the Board of Directors and/or the Architectural Control Committee (hereinafter the "bommittee") by the Declarations and applicable law.
1.02. All terms used herein have the same meaning as those same terms are defined in the Declarations. Specifically, without limitation, the definitions contained in the Declarations of ..Improvement" or "Imirovements", "Common PfOpefty'', "LOt", "LandScaped Easements", ..Mernber,,, ..owner,, and "Plaf' are incorporated herein by reference.
1.03. Regardless of an application's compliance with the specific regulations hereunder, the CommitteJmay reject an apptication if the bommittee decides that the proposed Improvement's external design andlor location does not conform and harmonize with neighboring sites, other Improvements or structures in the Subdivision.
Page I of9 Exterior Materials 2.01. Any application for the construction of an Improvement or Improvements must include a description of it " materials used on and/or incorporated in the exterior of such Improvement and are sutject to the review and approval (or disapproval) by the Committee. This includes a list of the materials used for the exterior walls, .oof, "u,r"r, doorways, patios, open-air coverings, lighting and other materials visible upon the exterior' 2.02. The exterior walls of any Improvement must be masonry consisting of stucco, brick,
ls, .oof, "u,r"r, doorways, patios, open-air coverings, lighting and other materials visible upon the exterior' 2.02. The exterior walls of any Improvement must be masonry consisting of stucco, brick, cultured stone, rock or a combination of such materials. Concrete imbedded siding such as ..Hardi-Plank" siding will not be allowed except on the rear of the main residence and not exceeding 25Y, of stch rear exterior area.
2.03. No log cabins or log construction is allowed.
2.04. Repairs to any existing Improvement do not require an application and approval provided that the repairs atdlir replacement to the Improvement use the same color and type of material and do not change the dimensions of the Improvement. Repair or replacement of an existing Improvement that requires any change to the color, type of material or change in dimensions *rrt br submitted to and is subject to the Committee's approval or disapproval the same as a new lmprovement.
2.05. Only tile, slate, asphalt or metal shingles shall be used on the roof of any Improvement.
Cedar shake, or wood materials are not allowed. Solar panels may be permitted only on roofs where the panels cannot be viewed from the street, regardless of the suitability of other areas of the roof for solar panels. Notwithstanding the foregoing, shingles that (a) are designed PrimarilY to: (1) be wind and hail resistant; (2) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (3) provide solar general capabilities; and (b) when installed; (l) resemble the shingles used or otherwise authorized for use by these guidelines; (2) are more durable that and are of equal or superior quality to the shingles otherwise authorized by these guidelines; and
mble the shingles used or otherwise authorized for use by these guidelines; (2) are more durable that and are of equal or superior quality to the shingles otherwise authorized by these guidelines; and (3) match the aesthetics of the property surrounding the owner's property.
2.06. Rain barrels and any rain harvesting device (other than gutters) must be consistent with the color scheme of the main residerr." ard may not be located where the same is visible from the street.
Page2 of9 Fences 3.01. Fences are an Improvement. A11 fences and fencing material must be submitted to the Committee for approval. No fencing shall be installed without Committee approval.
3.02. All fences shall be "see through" in the style of "wrought iron metal" and must be wrought iron, steel, aluminum or other similar material painted black. The specific "decorative" top 6r fence spindles and posts and any gate and gate decoration must be included in the application. No wooden privacy fences are allowed. No barb wire, chicken wire, hog wire, chain link or other wire fences are allowed.
3.03. Any fence should not exceed six (6') feet in height; shall be no closer than fifteen (15') feet to the front property line; and shall be in harmony with adjoining fences, if any. A11 side perimeter fences must be located on the property line except where the fence would encroach ,,pon o, block a utility easement or structure. A11 side fences will be subject to connection with fences from the adjoining property.
3.04. Corner fence posts of materials other than wrought iron style will be considered by the Committee; however, the material of the comer fence posts shall be consistent with the materials in the owner's residence.
ce posts of materials other than wrought iron style will be considered by the Committee; however, the material of the comer fence posts shall be consistent with the materials in the owner's residence.
3.05. The Committee may require a new survey of the Lot in connection with the application.
Boathouses and Piers 4.01. Boathouses and piers are Improvements. An application to the Committee and approval by the Committee is required prior to cortmencement of construction upon any boathouse or pier used or to be used in connection with a Lot. No boathouse or pier shall be constructed without prior Committee approval. "Boathouse" includes a structure for personal watercraft.
4.02. No more than one (1) boathouse or pier or combination boathouse and pier shall be allowed in connection with any single building site.
4.03. All boathouses must be located no closer than twenty-five (25') feet to any side lot line4.04. No boathouse may exceed fourteen (14') feet in height (including any deck and handrail), or if it contains a pitched roof, pa boathouse may exceed sixteen (16 ) in height from the level of the Lot to which it is connected at the bullhead and/or rear lot line. No boathouse (not including any attached pier) may exceed sixty (60%) percent of the building space in width along the rear Lot line or be larger than 32 feetby 32 feet in dimension.
4.05. Handrails may not exceed 48" in height and must consist of post and rails, i.e. must be "see through" and not solid.
4.06. Vertical sliding "garage" doors are allowed only on the rear (lakeside) of a boathouse.
Materials used on .rr.lor"d sides of a boathouse must be approved by the Committee and must be in harmony with the design and materials of the main residence.
Page 3 of9
ear (lakeside) of a boathouse.
Materials used on .rr.lor"d sides of a boathouse must be approved by the Committee and must be in harmony with the design and materials of the main residence.
Page 3 of9 4.07, A boathouse may not contain a living unit or other facility that may be used as a temporary or pennanent living facility.
Swimmine Pools 5.01. Swimming pools are Improvements. An application to the Committee and approval by the Committee is required priorlo commencement of construction upon any swimming pool in connection with a Lot. No swimming pool shall be constructed without prior Committee approval.
5.02. An application for a swimming pool must include the location and materials to be used for the pool, d-ecking, stonework, fence and any permanent recreational appurtenances or devices such as diving boards, diving rocks, slides, waterfalls, etc... to be used in conjunction with the pool. The upprrrt"nurrces should not extend above the height of the perimeter fence of the Lot.
5.03. A11 pool equipment must be shielded from view from the street.
5.04. The pool and all pool decking, stonework, waterfalls, hot tubs, slides, diving boards and other appurtenances *mt b. located no closer than fifteen (15') feet from the side and rear lot lines.
5.05. All pools must be fenced as required by applicable law or ordinance. In the absence of applicable law or ordinance, all pools must be completely enclosed by an approved fence except lots bordered on one side by Lake Conroe need not be fenced between Lake Conroe and the pool.
Awninss. Shades and Shutters 6.01. Decorative shutters, exterior shades, hurricane shutters, awnings and roll-down exterior shades and shutters are Improvements. An application to the Committee and approval by the
es and Shutters 6.01. Decorative shutters, exterior shades, hurricane shutters, awnings and roll-down exterior shades and shutters are Improvements. An application to the Committee and approval by the Committee is required prior to installation or construction.
6.02. An application for awnings, exterior shades, roll-down shades or shutters must include the location upon residence or other building, the awning, shade or shutter material and the other materials to be used in the installation or construction and the measurements, including the heiglrt above ground.
6.03. Awnings may not be visible from the street.
Exterior Lishtins and Noise Abatement 7.01. An application for exterior lighting must include the location (including the location upon residence or other building), the lurnens ind wattage of each light andlor bulb, the direction and approximate location of the lighted area.
j.02. Decorative exterior lighting must be installed so that it is not directed toward another LotThe light may not significantly illuminate beyond the boundaries of Lot on which the lighting is installed. All exterior security lighting must be installed so as to not shine onto a neighboring residence, patio or outdoor room.
Page 4 of9 7.03. Exterior sound equipment must be installed so that sound does not significantly go beyond the boundaries of the Lot on which the equipment is installed.
Main Residences and Detached Ouarters 8.01. No residence, living quarters or other Improvement shall exceed a reasonable height required for two (2) stories in trelght above the finished graded level of the Lot on which the Improvement is made.
8.02. No garage living quarters or detached living quarters shall be built or occupied prior to
two (2) stories in trelght above the finished graded level of the Lot on which the Improvement is made.
8.02. No garage living quarters or detached living quarters shall be built or occupied prior to the constru"tion of the main residence on any lot. No garage living quarters or detached living quarters shall be larger than fifty (50%) percent of the main residence.
8.03. No sidewalk, driveway, off-street parking pad or other hardscape may be installed or constructed without the Committee's prior written approval.
8.04. Mailboxes must be enclosed or surrounded by the same or similar material as the main residence. No "rural" metal mailboxes are permitted.
Construction Limitations 9.01. No construction, including site work or site preparation, ffi&Y be started or conducted until the Committee grants written approval of the proposed Improvement. No tree removal, delivery of supplies, eiection or construction of temporary utility service, clearing of underbrush, pad preparation or other work may be commenced prior to the Committee's written approval of the proposed Improvement, g.02. Exterior construction hours are limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Construction is not allowed at all other times, including Sundays and national or state holidays.
9.03. Construction vehicles may not block the street at any time, and may not be parked on the street ovemight. Construction vehicles may not exceed 20,000 pounds per axle' g.04. A dumpster and portable toilet must be on site throughout the full project. Dumpsters for trash are requiied and must be emptied when fuIl. Orange plastic construction fencing must be installed on the building lines to iontain debris. The curb and street must be protected from
umpsters for trash are requiied and must be emptied when fuIl. Orange plastic construction fencing must be installed on the building lines to iontain debris. The curb and street must be protected from damage by construction vehicles. The street must be kept clean.
9.05. Construction signs (other than temporary street numbers) and signs advertising the construction of the Improvernents are not allowed.
9.06. The construction site must be kept clean at all times. Garbage, trash, construction material wrapping and other debris must be kept in trash containers sufficient to hold the debris so as to not move from the construction site to any other Lot. The Committee may authorize the cleaning of the Lot or construction debris at the Owner's expense, which may be deducted without notice from any deposit made by Owner or the contractor for Improvements.
Page 5 of9 g.07. A fine of not more than $500 per occurrence or the actual damages or expenses incurred by the Committee may be deducted frorn *y construction deposit or other money on deposit with the Committee fo. ury violation of these construction rules and procedures or these Regulations.
Procedures for Applications to Committee 10.01. All applications to the Committee must be in writing and mustbe submitted on the form promulgated iy the Association with the appropriate application fee and deposit(s) to be determired by the Board of Directors and 1wo (2) copies of all documents listed on the appropriate application. All checks should be made payable to "Del Lago Estates POA".
For a new residential home construction, the owner must submit all items listed on the "New Home Construction Form', in the packet. This form is available from the Board of Directors or the designated Agent.
ew residential home construction, the owner must submit all items listed on the "New Home Construction Form', in the packet. This form is available from the Board of Directors or the designated Agent.
lO.O2. Unless waived in writing by the Committee, all applications must include two sets of plans and specificatior6 p."pur"d by a licensed architect and/or stamped by a licensed engineer and shall be submitted foi approval prior to commencement of construction (initial or alterations) of any Improvement. Plans ara specincations to be submitted and approved shall include, at a minimum, the following: (a) A topographical plot showing two foot contour grades and showing the location oi all improvements, structures, walks, patios, driveways, fences and walls. Existing and finished grades shall be shown at Lot corners and at comers of proposed Improvements. Lot drainage provisions shall be indicated a. *ell as cut and frll details if any appreciable change in the Lot contour is contemPlated.
O) Exterior materials, colors, textures and shapes' (d) Structural design, including soil test information' (e) Landscaping plan, including walkways, fences and walls, elevation changes, watering systems, vegetation and ground cover' Parking area and drivewaY sizes' Screening, including size. location and method.
Utility connections.
Exterior illumination, including location and method.
Fire protection system, if any, to be provided.
Trash container storage locations and related screening' A plot plan showing the location of the Improvements upon the Lot thctuaing the relationship to any easements and setback lines).(0 G) (h) (i) (,) (k) 0) Page 6 of9 10.03. A1l foundation plans must be approved and stamped by a licensed engineer (no
ents upon the Lot thctuaing the relationship to any easements and setback lines).(0 G) (h) (i) (,) (k) 0) Page 6 of9 10.03. A1l foundation plans must be approved and stamped by a licensed engineer (no photocopy). No roof overhang or other elevated structure can extend beyond the building line.
Before the slab is poured, u fo.-r survey by a licensed surveyor must be completed and approved by the Committee. The original copy must remain on file with the Committee.
10.04. The Committee may contract with a construction consultant. The construction consultant is solely for the benefit of th" Committee and the Association. No warranty is implied and no duty to the Owner is undertaken by the Association's hiring or retention of a construction consultant. During the approval process, the Owner or contractor may be contacted by a construction consultant who has been contracted to review the plans. The construction consultant may make routine site inspections during construction. In addition, any questions about the approval process or the .p"iifi" application can be submitted to the construction consultant or oth"r p".ton, including a board member, appointed by the Board' 10.05. The Committee has thirty (30) days to review the application and the other matters submitted with the application" Construction may not be cofitmenced until the Committee gives its written approval -or fuil. to act within thirty (30) days from the date of submission. The Committee's rejection of the application does not prevent a revised, amended or new application from being submitted. The Committee has thirty (30) days to review any revised, amended or new appliJation submiffed after rejection of an original or previous application for the same or similar Improvement.
ng submitted. The Committee has thirty (30) days to review any revised, amended or new appliJation submiffed after rejection of an original or previous application for the same or similar Improvement.
10.06. The Board of Directors will establish the current Architectural Review Fee, the Slab/Form Survey deposit and the Clean-up/Landscaping Deposit for new residence construction. The Architectural Review Fee is non-refundable. The Slab/Form Survey deposit and the Clean-up/Landscaping Deposit are refundable.
Water and Sewer Service 11.01. Water and sewer service in the Subdivision is provided by Del Lago Estates Water Supply Corp.("DLEWSC"). The Owner or contractor must apply for new water and sewer procedures and requiied inspections. A final service inspection is required before a Certificate of Occupancy is issued.
Flags and Flagpoles l2.Ol. These Guidelines apply to the display of ("Permitted Flags"): a. the flag of the United States; and b. the flag of the State of Texas; and c. the official flag of any branch of the United States armed forces.
l2.Oz. These Guidelines do not apply to any flags other than the Permitted Flags listed in Section 1 above including, but not limited to: a. flags for schools, sports teams, businesses or foreign countries; or Page 7 of9 b. flags with marketing, seasonal, historical, commemorative, nautical, political or religious themes; or c. historical versions of flags permitted in section 1 above' 12.03. Permitted Flags may be displayed subject to these guidelines. Advance written approval of the ACC is required for any free-standing flagpole and any additional illumination associated with the display of Permitted Flags.
be displayed subject to these guidelines. Advance written approval of the ACC is required for any free-standing flagpole and any additional illumination associated with the display of Permitted Flags.
lZ.O4. permitted Flags must be displayed in a respectful manner in accordance with the current relevant federal, state or military code.
lZ.O5. Permitted Flags must be displayed from a pole attached to a structure or to a freestanding pole. Permitted Flags may not be draped over or directly attached to structures. For e"ample, a Permitted Flag may not be laid across a fence or stapled to a garage door.
12.06. Permitted Flags shall be no larger than three foot (3') by five foot (5') in size.
12.07. Only one Permitted Flag may be displayed on a flagpole attached to a structure. Up to two permitied Flags may be displayed on an approved free-standing flagpole that is at least fourteen feet (14') tall.
12.08. Flagpoles must be constructed of permanent, long-lasting materials with an appropriate finish that is harmonious with the dwelling.
12.09. A flagtrlole attached to a structure may be up to six feet (6') long and must be securely attached with a bracket with an angle of 30 to 45 degrees down from vertical. The flagpole must be attached in such a manner as to not damage the strucfure. One attached flagpole is allowed on any portion of a structure facing a street and one attached flagpole is allowed on the rear or Ualkyard portion of a structure. Brackets which accommodate multiple flagpoles are not allowed.
l2.l1. Free-standing flagpoles may be up to thirty feet (30') tall, including any ornamental caps.
Free-standing flagpoles must be permanently installed in the ground according to manufacturer's
owed.
l2.l1. Free-standing flagpoles may be up to thirty feet (30') tall, including any ornamental caps.
Free-standing flagpoles must be permanently installed in the ground according to manufacturer's instructions. One free-standing flagpole is allowed in the portion of the owner's property between the main residential dwilling and any street and one free-standing flagPole is allowed in the rear or backyard portion of a property.
l1.1l. Free-standing flagpoles may not be installed in any location described below: a. in any location other than the Owner's property; or b. within a ground utility easement or encroaching into an aerial easement; or c. beyond the lot setback lines (for example, on a lot with a 15' setback line, a flagpole may not be installed closer than 15' from any property line); or d. closer to a dwelling on an adjacent lot than the height of the flagpole (for example, a 30' flagpole cannot be installed closer than 30' from an adjacent house).
Page 8 of9 t2.12. Lighting may be installed to illuminate Permitted Flags if they will be displayed at night and if existing ambient lighting does not provide proper illumination. Flag lighting must: a. be ground mounted in the vicinity of the flag; and b. utilize a fixture that screens the bulb and directs light in the intended direction with minimal spillover; and c. point towards the flag and face the main structure on the property or to the center of the property if there is no structure; and d. provide illumination not to exceed the equivalent of a 60 watt incandescent bulb.
12.13. Flagpoles must not generate unreasonable noise levels which would disturb the quiet enjoyment of other residents. Each flagpole owner should take steps to reduce noise levels by
andescent bulb.
12.13. Flagpoles must not generate unreasonable noise levels which would disturb the quiet enjoyment of other residents. Each flagpole owner should take steps to reduce noise levels by ,5irrg vinyl or plastic snap hooks, installing snap hook covers or securing a loose halyard (rope) around the flagpole with a flagpole clasp.
t2.14. Flagpoles are allowed solely for the purpose of displaying Permitted Flags. If a flagpole is no longer used on a daily basis, it must be removed.
12.15. All flags and flagpoles must be maintained in good condition. Deteriorated flags must be removed and promptly ieplaced. Deteriorated or structurally unsafe flagpoles must be promptly repaired, replaced or removed.
Miscellaneous 13.01. The foundations of residences and other structures must be screened from the street view with plant material.
13.02. These Architectural Standards also apply to bulkhead and pier work from water-based equipment.
Board of Directors of Del Lago Estates Property Owners Association, -rl,^vlQ, ,2014.
Dnr, Llco Esurns PnoPnnrY OwNrns AssocrattoNAdopted by the Inc. on the lbt4uday of Page 9 of 9 74,1 -ru4 COUI ITY CLERK fulOI.JTGOMERY C OUI.JTY. TEXAS RECORDIR'S NIE}IORAN DU M: at ttre tim"ei} recbrdation' this instrument rvas rt"iii''ftlnua'quutt for the best photograprli''itpili"ii* bti'u" oi the illeeibilitv' carbon or ohoio copy' discolored paper' etc All'black"""t;;;;i'l5is and changes were present at tne tiii,ii iiJ'ii"iiomtnt wfs filed and recsrded' STATE OF TEXAS COUNTY OF MONTGOMERY I hereby certify this instrument was filed in file number sequence on the date and at the time stamped herein by me and was duly RECORDED in the Official Public Records of Montgomery County, Texas.
07t2212014 ffi 74^L.#M
s instrument was filed in file number sequence on the date and at the time stamped herein by me and was duly RECORDED in the Official Public Records of Montgomery County, Texas.
07t2212014 ffi 74^L.#M %*pilg Montgonrery colrntv. TexasDoc# 2014069951 FILED FOR RECORD 0712212014 9:12AM