SUBDIVISION RULES OF Dnr, Laco Esrarns STATE OF TEXAS $ coLrNTY OF MONTGOMERY $ DEL LAGO ESTATES PROPERTY OWNERS ASSOCIATION, A TEXAS NON-PTOfit corporation (hereinafter the "Association"), being the property owners association for Del Lago Estiates, a subdivision in Montgomery County, Texas according to the map or plat of said subdivision recorded in Plat cabinet "D", sheet 1074, Map Records of Montgomery county, Texas (hereinafter the "Subdivision"); pursuant to the First Amended and Restated Declaration of Covenants, Conditions, Assessments, Charges, Servifudes, Liens, Reservations and Easements dated September 27, lg82 (hereinafter the "Declarations')- amends, alpts and restates the following subdivision Rules for the Subdivision, to be eifective on JL',e- \ G#- , 2014.
Subject to the Declarations, the Association, acting by and through its board of directors pursuant to Section 6.01 of the Declarations hereby adopts the following amended and restated -Subdivision Rules for the Subdivision and the Association's members (hereinafter the "Rules").
General Provisions 1.01. These Rules are intended to supplement, clariff, and to give effect to the Declarations (as currently exist and as same may be amended) and therefore, the Rules should be read to harmonize with each other to the fullest extent possible to give effect to both the Rules and the Declarations. In the event of a conflict between the Rules and the Declarations which cannot be harmonized, the terms of the Declarations shall control. By adopting the Rules, the Association intends to exercise the maximum degree of discretion and rule making authority given to the Board of Directors (hereinafter the "Board") by the Declarations and applicable law.
Rules, the Association intends to exercise the maximum degree of discretion and rule making authority given to the Board of Directors (hereinafter the "Board") by the Declarations and applicable law.
I.OZ. Al1 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 "Improvements", "Common Property", "Lot", "Landscaped Easements", "Mernber", "Owner" and "Plat" are incOrporated herein by referenCe.
Landscaping. Fencing and Gardens 2.01. The Owner of each Lot must keep all weeds and grass on such Lot cut to a height not to exceed six (6") inches. The Owner of each Lot must keep the lot free of debris and in a sanitary and attractive manner at all times. A1l trees must be kept properly pruned and free of vines and the limbs trimmed so as to be no lower than three (3') feet above the ground. Dead trees must be removed in a timely manner and in any event within thirty (30) days unless the Owner and the Association ugr"" in writing for a longer period. Representatives of the Association may enter any Lot from time to time for the purpose of inspecting trees and undergrowth.
Page I of5 2.02. The Association, by and through its representatives and/or management company, will give the Owner notice by certified mail, retum receipt requested to the address of the Owner as shown on the membership list of the Association that the Lot is not in a sanitary, healthful or attractive manner and nee^ds mowing. The Owner will have ten (10) days from the receipt of the notice to provide a written response to the notice or to comply with the notice and these Rules.
thful or attractive manner and nee^ds mowing. The Owner will have ten (10) days from the receipt of the notice to provide a written response to the notice or to comply with the notice and these Rules.
Owner shall be deemed to have received the notice upon actual receipt or upon the expiration of five (5) days from the date of mailing of the notice. If the Owner makes a written response, the Owner will have ten (10) days from the receipt of the Association's reply to comply with the notice and these Rules should the Association reject in whole or in part the Owner's response.
Owner shall be deemed to have received the Association's reply upon actual receipt or upon the expiration of five (5) days from the date of mailing of the reply. If the Owner fails to reply or faiis to comply wiitr the association's requirements after notice, the Association may either (a) cause the Lot to be mowed and/or trimmed in conformity with the Association's notice and the cost of such mowing and/or trimming plus fifteen (15%) may be charged to the Owner; (b) levy a fine against the Owner and the Owner's property in conformity with these Rules; or (c) both.
Notwithstanding the foregoing, the Owner may submit a written request for a hearin^g before the Board of Directors 1or a com-ittee appointed by the Board of Directors) on or before the 30"' day after the date the Owner receives the notice. If a hearing is held before a committee, the ,oii." of hearing from the Board must state that the Owner has a right to appeal the committee's decision to the board by written notice to the Board. The hearing, if requested in writing per this paragraph, will be held no later than 30 days after the request for a hearing and on not less than
s decision to the board by written notice to the Board. The hearing, if requested in writing per this paragraph, will be held no later than 30 days after the request for a hearing and on not less than io a"vr notice from the Board to the owner of the date and time of the hearing. Either the Association or the Owner may request one (1) postponement and a postponement shall be granted for a period of not more than 10 days.
2.03. The foundations of residences and other structures must be screened from the street view with plant material.
2.04. Vegetable, herb and similar gardens may be planted and maintained on a Lot so long as such garden is not visibie from the street.
Sipns and Holidav Decorations 3.01. Seasonal or holiday decorations may be displayed for a reasonable time before and after the holiday to which the decorations relate. The period of time for a single holiday or group of holidays should not exceed a total of six (6) weeks. Should any dispute arise, the Board's decision on reasonable periods of time before and after will be definitive, conclusive and binding upon all parties.
3.02. The only signs allowed on any Lot are: (a) One (1) sign advertising the Lot for sale or lease not larger than nine (9) square feei and not extending more than four (4) feet above the ground; provided, that on any lakefront Lot, one (1) additional sign of the same size and content may be displayed on the portion of the Lot facing Lake Conroe; Page2 of 5 (b) Ground mounted political signs complying with and as permitted by law; provided, howevei, that only one (1) sign per candidate or ballot item not lu.g". than four (4) square feet and which may be displayed no earlier than the 90'h day befoie the date of the election to which the sign relates and
nly one (1) sign per candidate or ballot item not lu.g". than four (4) square feet and which may be displayed no earlier than the 90'h day befoie the date of the election to which the sign relates and which may be displayed no longer than ten (10) days after the election date; (c) No more than one (1) school spirit sign not larger than four (4) square feet for no longer than fourteen (14) consecutive days; (d) Home security signs not larger than one (1) square foot and not extending more than four (4) feet above the ground; and (e) No sign advertising commercial activity of any type (including signs regardlng construction, remodeling, pool constructioll, or landscaping being co-nducted on the Lot) may be displayed without obtaining prior written approval from the Architectural control committee.
The Association shall have the right to and the authority to go onto any Lot and remove any sign displayed in violation of this regulation without liability in trespass or otherwise.
Parkins 4.01. Camper units, recreational vehicles, utility trailers, boats, personal watercraft, mobile home trailers are not io be parked in the driveway or on the street adjacent to any Lot for longer than seventy-two (72) houri without prior written permission from the Board.
4.02. Camper units, recreational vehicles, utility trailers, boats, personal watercraft, mobile home trailers are not to be parked in or on any Common Area except for community functions during the time of the community function without prior written permission from the Board.
4.03. Vehicles and boat trailers may only be parked at the subdivision boat ramp during the Owner or authorized visitor's use of a boat launched from the boat ramp and in no event for longer than24 hours.
. Vehicles and boat trailers may only be parked at the subdivision boat ramp during the Owner or authorized visitor's use of a boat launched from the boat ramp and in no event for longer than24 hours.
5.01. Only common household and yard pets are allowed in the Subdivision. The term ,,common household pets" or "common household pet" shall not include the following animals or types of animals: p.,rnu, tiger, lion, coyote, wolf, pig or other swine, duck, goose, chicken, hen, rooster or other fowl, or exotic animal.
5.02. No exotic animal or breed of animal that is commonly recognized to be inherently aggressive or vicious to other animals or people is allowed in the Subdivision.
5.03. No animal (including bird) will be allowed to make unreasonable amount of noise or to make noise at an uffeasonable time of day.Pets Page 3 of5 5.04. The Board shall have the exclusive authority and sole discretion to determine whether a particular animal is a common household or yard pet, an exotic animal or breed of animal that is commonly recognized to be inherently aggressive to other animals or people, or any animal is making an unreasonable amount of noise or making noise at an uffeasonable time of day' The Board's good faith determination is binding on all parties' 5.05. An Owner must be with the Owner's pet on a leash or otherwise in control of the pet when the pet is outside the enclosed area of the Owner's Lot. An Owner shall remove all of the solid waste of the Owner's pet deposited on any Common Area or other Owner's Lot.
5.06. An Owner must obtain prior written approval from the Architectural Control Committee for any housing or "run" or separately fenced area for a pet that is outside of the main residence in the same manner as other lmprovements.
Miscellaneous
oval from the Architectural Control Committee for any housing or "run" or separately fenced area for a pet that is outside of the main residence in the same manner as other lmprovements.
Miscellaneous 6.01. All garbage and trash cans must be concealed from view from the street or adjoining Lots except for ihe p".ioA of time from the night before garbage pickup through the day of garbage pickup.
6.02. No burning of trash, limbs or leaves is permitted within the Subdivision6.03. No outdoor clotheslines, drying racks or other clothes or material drytng racks are permitted.
6.04. Swimming pool equipment and other permanent outdoor equipment may not emit unreasonable noise or noise greater than made by HVAC equipment.
Fines 7.01. The Board may fine the Owner for a violation of these Rules, the Declarations or the Architectural Design Standards and Regulations.
7 .OZ. The amount of the fine is within the discretion of the Board. The Board will give notice to the Owner of the maximum and minimum fines that will be imposed for the specific violation.
7.03. The Association must give the Owner written notice before the imposition of any fine' The notice must comply withihe Texas Residential Property owners Protection Act and these Rules. The notice to the Owner must be in writing and must (a) describe the violation that is the basis for the fine; (b) state any amount due the Association, including the minimum and maximum fine that maY be imPosed; (c) inform the Owner that of the period of time which the Owner has to cure the violation and avoid the fine unless the Owner was given notice and a reasonable opportunity to cure the same or similar violation within the preceding six (6) months; Page 4 of 5 (d) inform the Owner that the Owner may request a hearing btpl" the Board
ven notice and a reasonable opportunity to cure the same or similar violation within the preceding six (6) months; Page 4 of 5 (d) inform the Owner that the Owner may request a hearing btpl" the Board or a committee appointed by the Board on or before the 30th day after the Owner receives the notice.
7 .04. The fines contained in these Rules are cumulative of any and all other remedies available to the Association or any Owner pursuant to the Declarations, the bylaws, statutes or any other applicable laws or ordinances. The imposition of a fine in one instance does not waive or estopp the Association from resort to any othir remedy available to the Association at law, in equity or pursuant to any restriction, contract, regulation or other basis for remedy. The fines do not preclude the Association from any other iemedy, including the suspension of the Owner's rights to use the common areas of the Association or the filing of suit by the Association seeking legal and equitable remedies.
Adopted by the Board of"Directors of Del Lago Estates Property Owners Association, DEL LAGo Esr,q.rrs PnoPBnrY OwNnns Assocra'rrox By: N Title: Page 5 of5 Doc# 20140699s2 FILED FOR RECORD 0712212014 9:12AM74*"ru4 COUNTY CLERK MOI"..ITGOMER Y C C]U I'JTY. TEXAS 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.
0712212014 ffi 74^L.#W %*Sfl Montgomery collnty' Texas