HERON’S LANDING COMMUNITY ASSOCIATION, INC.
ARCHITECTURAL GUIDELINES REGARDING WINDOW COVERINGS NN sea YN, STATE OF TEXAS § § COUNTY OF GALVESTON § WHEREAS, Heron’s Landing Community Association, Inc., (the “Association”) a Texas Nonprofit Corporation is the governing entity for Heron’s Landing, Sections 1 and 2, subdivisions in Galveston County, Texas, according to the maps or plats thereof recorded in the Map Records of Galveston County, under Clerk’s File No. 2017013420 and 2018050773, respectively, along with any amendments, annexations, replats, or supplements thereto (the “Subdivision’”); and WHEREAS, the Subdivision is governed by the Declaration of Covenants, Conditions and Restrictions for Heron’s Landing recorded in the Real Property Records of Galveston County, Texas, under Clerk’s File No. 2017017586, along with any amendments, supplements, and annexations thereto (the “Declaration:); and WHEREAS, Article I, Section 1, of the Declaration provides that the Architectural Guidelines are the architectural, design, landscaping, and other guidelines promulgated by the Declarant or the Architectural Review Committee (the “ARC”) and governing any Improvements or modifications of any Improvements located on the Property; and WHEREAS, Article VII, Section 14, of the Declaration provides certain restrictions related to the use and placement of window treatment and coverings on the windows of Residences and other Improvements on Lots, and further provides that the ARC shall have the sole authority to determine whether particular window coverings are compatible with the design and color of the Residence and the overall appearance of the Properties; and WHEREAS, Article VI, Section 6, of the Declaration provides that if the Architectural
erings are compatible with the design and color of the Residence and the overall appearance of the Properties; and WHEREAS, Article VI, Section 6, of the Declaration provides that if the Architectural Guidelines impose requirements that are more stringent than the provisions of this Declaration, the provisions of the guidelines shall control; and WHEREAS, the Association and the ARC desire to promulgate certain guidelines related to window coverings to constitute a portion of the Architectural Guidelines to act as guidelines for the ARC to consider in reviewing proposed Improvements concerning window coverings; NOW THEREFORE, pursuant to the foregoing and as evidenced by the Certification hereto, the Association, through the ARC promulgate and adopt these Architectural Guidelines Regarding Window Coverings, as follows: 1. “Window Coverings” shall be defined as any permanent or non-permanent cover, shade, shutter, drape or blinds, awning, solar screens or meshes, overhang, or other fixture or modification attached to the exterior of the Residence or other Improvement(s) on a Lot with the purpose or effect of screening the window(s) of the Residence or Improvement, regardless of whether said fixture or modification is composed of wood, metal (including Page 1 of 5 but not limited to steel or aluminum), vinyl, fabric, plastics, or any other material or combination of materials.
. No Owner may place, or permit to be placed, any Window Coverings on the windows on the Residence or any other Improvements on the Owner’s Lot that are visible, in whole or in part, from any street(s) or Common Area in the Subdivision without first seeking and receiving ARC approval.
. Pursuant to the Declaration, under no circumstances may aluminum foil or other reflective
part, from any street(s) or Common Area in the Subdivision without first seeking and receiving ARC approval.
. Pursuant to the Declaration, under no circumstances may aluminum foil or other reflective materials comprising all or part of Window Coverings be permitted to be constructed, attached to, or maintained anywhere on a Lot.
Pursuant to the Declaration, under no circumstances may permanent Window Coverings be installed after ninety (90) days of a conveyance of a Residence from a Sub-developer to a homeowner. For purposes of these guidelines, “permanent,” Window Coverings are any (i) awnings, (1i) overhangs, (iii) shutters; (iv) hard metal, wood, or plastic covers affixed to the Residence or Improvement on the Lot, or the Lot itself, or (v) any other Window Covering that cannot be quickly and easily removed from the structure to which it is affixed and/or cleared away from the window(s) of the Residence or other Improvements on a Lot without the use of tools.
Any permanent Window Coverings proposed to be installed by a homeowner after conveyance of a Residence from a Sub-developer to a homeowner must be done within ninety (90) days of said conveyance, and only with ARC approval. Thereafter no permanent Window Coverings may be installed.
All Window Coverings must be installed as intended by the manufacturer, and must be maintained in good condition at all times.
. Non-permanent solar screens or meshes may be permitted by be permitted where the ARC if, in its sole discretion, it determines that the particular solar screen or mesh is compatible with the design and color of the Residence and/or Improvement on the Lot to which it is attached, the Lot as a whole, and the overall appearance of the Subdivision,
solar screen or mesh is compatible with the design and color of the Residence and/or Improvement on the Lot to which it is attached, the Lot as a whole, and the overall appearance of the Subdivision, All Window Coverings, including both permanent and non-permeant ones, approved by the ARC shall be subject to a sixty (60) day review period. If, during that period the ARC receives what it considers, in its sole and absolute discretion, to be sufficient negative feedback from other Owners or residents in the Subdivision regarding certain Window Coverings placed or maintained on a Lot to warrant the modification or removal of said Window Coverings, the ARC shall provide the Owner notice of the same not later than the tenth (10) day after the end if the review period. In such instance, the Owner shall be required to modify or remove the Window Coverings are required by the ARC. An Owner shall have a right to request a hearing before the ARC and to appeal the determination of the ARC that the Window Coverings must be removed or modified to the Board of Page 20f5 Directors of the Association in the same style and manner as though the Owner’s ARC application was denied upon initial submission.
9. Nothing in these guidelines shall be construed to prevent an Owner from covering or boarding up the window(s) of the Residence and/or Improvements on the Owner’s Lot in the immediate anticipation of a hurricane, tropical storm, or other severe weather event.
No ARC approval shall be required for the placement and maintenance of temporary Window Coverings immediately prior to, during, and for a reasonable period following such events.
10. Nothing in these guidelines shall be construed to conflict with any other laws or guidelines,
rary Window Coverings immediately prior to, during, and for a reasonable period following such events.
10. Nothing in these guidelines shall be construed to conflict with any other laws or guidelines, policies, or rules & regulations adopted by the Association concerning security measures.
Page 3 of 5 CERTIFICATION “I, the undersigned, being the President of Heron’s Landing Community Association, Inc., hereby certify that the foregoing instrument was approved by at least a majority of the Association Board of Directors, at a duly held open meeting of the Board, propgrly noticed to-members, at which a quorum of the Board was we wa SL ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day, personally appeared the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same as the act of the Association for the purpose and consideration therein expressed and in the capacity therein stated.
~, weer Given under my hand and seal of office this Qa vA NY, Darcy Lee Szecs ’ i Rate ¥ Expires Page 4 of 5 CERTIFICATION “I, the undersigned, being a Member of the Architectural Review Committee of Heron’s Landing Community Association, Inc., hereby certify that the foregoing instrument was approved by at least a majority of the Architectural Review Committee. 4 Age i}. ptf Print Name: Ll Sa LZ fs [ah Cy ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day, personally appeared the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same as the act of the Association for the purpose and consideration therein expressed and in
person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same as the act of the Association for the purpose and consideration therein expressed and in the capacity therein stated.
Given under my hand and seal of office this day of fy My fh , 2021.
ary te of Texas if v i Page 5 of 5 FILED AND RECORDED Instrument Number: 20770562751 Recording Fee: 42.00 Number Of Pages: 6 Filing and Recording Date: 08/29/2022 12:45PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
Dwight D. Sullivan, County Clerk Galveston County, Texas NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk.
DO NOT DESTROY - Warning, this document is part of the Official Public Record.