YEAR INST # 2023 2306208 PAGE 1 OF 6 After Recording Return To: Winstead PC . oa 401 Congress Ave., Suite 2100 = Austin, Texas 78701 HIDEOUT RESORT OWNERS’ ASSOCIATION, INC.
CONSTRUCTION POLICY 4879-8387-4444y.5 68037-1 10/31/2023 YEAR INST # 2023 2306208 PAGE 2 OF 6 HIDEOUT RESORT OWNERS’ ASSOCIATION, INC.
CONSTRUCTION POLICY Hideout Resort Owners’ Association, Inc., a Texas non-profit corporation (the “Association”) is the homeowners association having jurisdiction over the lots (each a “Lot”) subject to; (i) that certain Declaration of Restrictions, Covenants and Conditions for King’s Point Cove, Unit 1, recorded as Document No. 2011-3841, Official Public Records of Brown County, Texas; (ii) Declaration of Restrictions, Covenants and Conditions for King’s Point Cove, Unit 2, recorded as Document No. 2013-5746, Official Public Records of Brown County, Texas; (iii) Declaration of Restrictions, Covenants and Conditions for King’s Point Cove, Unit 3, recorded as Document No.
2015-742, Official Public Records of Brown County, Texas; (iv) Declaration of Restrictions Covenants and Conditions for Crown Point, recorded as Document No. 2008-4356, Official Public Records of Brown County, Texas; (v) Declaration of Restrictions, Covenants and Conditions for Feather Bay Subdivision, recorded as Document No. 2008-4353, Official Public Records of Brown County, Texas; (collectively, the “Restrictions”). Unless the Restrictions or applicable law expressly provide otherwise, the Association acts through a majority of its Board of Directors (the “Board”). The Association is empowered to enforce the covenants, conditions and restrictions of the Restrictions, the Bylaws of the Association (the “Bylaws”), other recorded documents, and
ctors (the “Board”). The Association is empowered to enforce the covenants, conditions and restrictions of the Restrictions, the Bylaws of the Association (the “Bylaws”), other recorded documents, and any rules and regulations promulgated by the Association, as adopted and amended from time to time. The Board hereby adopts this Construction Policy (this “Policy”) to establish certain rules and. guidelines in relation to the timing and commencement of construction of a residential dwelling on a Lot. This Policy shall be effective as of the date it is recorded in the Official Public Records of Brown County, Texas (the “Effective Date”).
1. Effective as to Buildable Lots. This Policy shall be effective as to Buildable Lots only. For the purposes of this policy, a Lot shall be deemed a “Buildable Lot” if it meets the following criteria: (i) The Lot is accessible by either a public right-of-way or a private street within the Hideout community; (ii) | The Lot is served or is ready to be served by a utility providing water service; (iii) | The Lot is served or is ready to be served by a utility providing electrical service; and (iv) The Lot is served or is ready to be served by a utility providing wastewater service; or if the Lot is served, or may be made ready to be served, by a septic system, if such a system is allowed pursuant to the Restrictions applicable to such Lot.
4879-8387-4444y.5 68037-1 10/31/2023 YEAR INST # 2023 2306208 PAGE 3 OF 6 A Lot shall be considered “ready to be served” by a utility if connections to said utility are currently available to the comer of a Lot, or would be upon payment, by the owner of the Lot, of the applicable fee and/or installation of equipment required by such utility provider. In the event
are currently available to the comer of a Lot, or would be upon payment, by the owner of the Lot, of the applicable fee and/or installation of equipment required by such utility provider. In the event of a dispute as to whether a Lot is ready to be served by a utility provider, the determination of the Board shall be final.
2. Timing for Commencement and Completion of Construction - New Lot Transfers. For any Lot acquired after the Effective Date of this Policy, within twenty-four (24) months from the date an owner acquires a Lot, such owner shall submit plans for a residential dwelling and related improvements, and any other application, form or other materials which may be required by the Architectural Control Committee (the “ACC”), to the ACC for approval.
Further, commencement of construction of the residential dwelling on such Lot, utilizing the plans approved in writing by the ACC, must commence within the same twenty-four (24) month period. If construction of the residential dwelling is not commenced in accordance with the preceding sentence, the approval granted by the ACC will be void and must be resubmitted to the ACC. Further, construction by an owner, once commenced, must be diligently pursued to completion, and completed within twelve (12) months of such commencement. If the construction has not commenced or been completed in accordance with the preceding sentences, the owner may be subject to fines levied by the Association. The charges will commence on the first (1st) day of the twenty-fifth (25th) month from the date of the submittal approval or the thirteenth (13th) month from the date of commencement of construction, as applicable, and continue being assessed on the first (1st) day of each month thereafter until the compliance with this Policy is
irteenth (13th) month from the date of commencement of construction, as applicable, and continue being assessed on the first (1st) day of each month thereafter until the compliance with this Policy is achieved, utilizing the Schedule of Fines as described in Paragraph 3 below. The following transfers will not be subject to the foregoing: (i) foreclosure of a deed of trust lien, tax lien, or the Association’s assessment lien; (ii) transfer to, from, or by the Association; (iii) voluntary transfer by an Owner to one or more co-owners, or to the Owner's spouse, child, or parent; (iv) any grantee who is the domestic partner or former spouse of the grantor; (v) any grantee that is a whollyowned entity of the grantor; and (vi) any grantee to whom a Lot is conveyed by a will or through the law of intestacy.
3. Schedule of Fines. The Board has adopted the following general schedule of fines which may be levied for violations of this Policy. The number of notices set forth below does not mean that the Board is required to provide each notice prior to exercising additional remedies as set forth herein. The Board may elect to pursue such additional remedies at any time in accordance with Applicable Law. The Board also reserves the right to set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effect of the violation: 4879-8387-4444y.5 68037-1 10/31/2023 YEAR INST # 2023 2306208 PAGE 4 OF 6 FINES}: Fine Amount: New Violation: $100.00 (if a curable violation, may be avoided if Owner cures the violation by the time specified in the notice) Notice of Violation Fine Amount: Repeat Violation (No Right to Cure or 1st Notice $200.00 Uncurable Violation): 2nd Notice $400.00 3rd Notice $750.00 4th Notice $1,000.00
time specified in the notice) Notice of Violation Fine Amount: Repeat Violation (No Right to Cure or 1st Notice $200.00 Uncurable Violation): 2nd Notice $400.00 3rd Notice $750.00 4th Notice $1,000.00 Continuous Violation: Continuous Violation Notice Amount TBD t The Board reserves the right to adjust these fine amounts based on the severity and/or frequency of the violation.
4, Variance. The Board may, but shall have no duty to, grant a variance from the requirements of this Policy, in its sole and absolute discretion. All variances shall be provided in writing, executed by a Board member on behalf of the Association, and shall provide for the alternative condition or conditions under which a Lot may comply with this Policy.
5. Amendment of Policy. This policy may be amended by a majority the Board.
[signature page follows] 4879-8387-4444v.5 68037-1 10/31/2023 YEAR INST # 2023 2306208 PAGE 5 OF 6 HIDEOUT RESORT OWNERS’ ASSOCIATION, INC.
ACKNOWLEDGEMENT FOR RECORDING ones hereby certifies that he/she is the duly elected, qualified and acting Pres; of Hideout Resort Owners’ Association, Inc., a Texas nonprofit corporation (the "Association"), and that the foregoing policies are true and correct copies of the policies adopted by the Association.
day of 1.2023 HIDEOUT RESORT OWNERS’ ASSOCIATION, INC., a ages Name: of ann hleekS Tite: Presidente STATE OF TEXAS § Wt i, WN wi Riowledged before me of on Novem $en- / 2003 by us z oJ eek , on behalf of HIDEOUT RESORT OWNERS’ [SEAL] RU Sea, COURTNEY ELAINE ENGELKE Notary Public, State of Texas nN, igs Comm, Expires 11-14-2023 HOSS Notary ID 132262694 ie 2h 4 Sa
[SEAL] RU Sea, COURTNEY ELAINE ENGELKE Notary Public, State of Texas nN, igs Comm, Expires 11-14-2023 HOSS Notary ID 132262694 ie 2h 4 Sa 4879-8387-4444v.5 68037-1 10/31/2023 YEAR INST # 2023 2306208 PAGE 6 OF 6 ote he OF'3+., SHARON FERGUSON oe ~te, 200 SOUTH BROADWAY, SUITE 101 Ff vr BROWNWOOD TX 76801 COUNTY CLERK anid. \ 3 PHONE (325) 643-2594 Oe : ol WN CON. * DO NOT DESTROY WARNING-THIS IS PART OF THE OFFICIAL RECORD INSTRUMENT NO. 2306208 FILED FOR REGISTRATION November 14, 2023 4:00 PM 6PGS $42.00 SUBMITTER: Winstead PC RETURN TO: Winstead PC 500 Winstead Building 2728 N. Harwood Street Dallas, TX 75201 I hereby certify that this instrument was FILED in file number Sequence on the date and at the time stamped hereon by me, and was duly RECORDED in the Official Public Records of Brown County, Texas.
By: Aharow Jing uso a ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW