RP-2022-436546 RP-2022-436546 08/26/2022 ER $30.00 CERTIFICATE OF ADOPTION OF HOME SECURITY MEASURES GUIDELINES OF HUISACHE ACRES OWNERS’ ASSOCIATION STATE OF TEXAS COUNTY OF HARRIS RECITALS . The Board of Directors (the “Board”) of Huisache Acres Owners’ Association, a Texas non-profit corporation, (the “Association”) is charged with administering and enforcing those certain covenants, conditions, and restrictions encumbering the Huisache 1Acres subdivision (the “Subdivision’).
. Chapter 202 of the Texas Property Code was amended effective September 1, 2021, to add Section 202.023 thereto (“Section 202.023”). Section 202.023 requires a property owners’ association to allow a property owner the ability to build or install security measures, such as a security camera, motion detector, or perimeter fence, subject to certain guidelines and restrictions.
. The Board has determined that in connection with the requirements of Section 202.023, it is appropriate for the Association to adopt the guidelines described herein below for the Subdivision.
. The Bylaws of the Association provide that a majority of the members of the Board shall constitute a quorum for the transaction of business and that the action of a majority of the members of the Board at a meeting at which a quorum is present is the action of the Board.
. The Board held a meeting on the wR) ge day of A UGUST , 2022 (the “Adoption Meeting”), at which at least a majority of the members of the Board were present and duly passed the guidelines described herein below, the Home Security Measures Guidelines (the “Guidelines”).
. NOW, THEREFORE, to give notice of the matters set forth herein, the undersigned, being the President of the Association, does hereby certify that at the Adoption
sures Guidelines (the “Guidelines”).
. NOW, THEREFORE, to give notice of the matters set forth herein, the undersigned, being the President of the Association, does hereby certify that at the Adoption Meeting, at least a majority of the members of the Board were present and the -1RP-2022-436546 Board duly adopted the Guidelines. The Guidelines are effective upon recordation of this Certificate in the Official Public Records of Harris County, Texas (the “Effective Date”). The Guidelines supplement any restrictive covenants, guidelines, or policies regarding the types of security measures which may have previously been in effect for the Subdivision. The Guidelines are as follows: HOME SECURITY MEASURES GUIDELINES . General. The Association does not provide security and is not responsible for the safety or security in the Subdivision as this is solely the individual lot owner’s responsibility for their individual lot. Subject to these Guidelines, lot owners may install or build home security measures such as security cameras, motion detectors, and perimeter fencing on their individual lots intended to promote security for their individual lots and property while adhering to and promoting the design, harmony, and aesthetics of the Subdivision. All home security measures shall comply with all State, County, and/or City laws, regulations, ordinances, and codes as well as with these Guidelines. Home security measures located inside a building on the lot as well as doorbell cameras are not subject to these Guidelines.
. Security Cameras, Motion Detectors, and Other Security Measures. Lot owners may place security cameras, motion detectors, and other security measures on their individual lots. However, security cameras shall not be located in a place other than
r Security Measures. Lot owners may place security cameras, motion detectors, and other security measures on their individual lots. However, security cameras shall not be located in a place other than the lot owner’s private property.
3. Perimeter Fencing. The Association’s restrictive covenants provide in part that: “no structure or building of any kind, other than a driveway, parking pad or sidewalk, shall be located nearer to the front lot line than forty (40) feet.” The Association prefers that this area remain structure free. However, due to the provisions of Section 202.023, perimeter fencing as specified in these Guidelines is permitted as a home security measure.
a. Perimeter fencing shall be ground-mounted on the boundary line of the lot owner’s lot and installed in a contiguous manner around the entirety of the lot boundaries, but wholly upon the lot owner’s lot and subject to any easements, underground utilities, or street right-of-way. Perimeter fencing shall be of a height not to exceed 8 feet that is reasonable in relation to its location on the lot and surrounding structures. Any driveway and/or pedestrian gates in a perimeter fence are for all purposes considered part of the perimeter fence, shall be of the same material and design as the fencing, and shall only swing inward. Perimeter fencing as a home security measure or for any other reason shall not consist of any wire, barbed wire, razor wire, chain link, mesh, or vinyl. Electrically charged fencing is prohibited.
RP-2022-436546 b. All perimeter fencing forward of the front building line of the residential dwelling shall be primarily, if not wholly, metal (steel, wrought iron, or aluminum). All perimeter fencing shall be black, or a color approved by the
ard of the front building line of the residential dwelling shall be primarily, if not wholly, metal (steel, wrought iron, or aluminum). All perimeter fencing shall be black, or a color approved by the Association’s Architectural Control Committee (the “ACC”) or the Board, as applicable. The perimeter fencing shall consist of straight vertical metal pickets and posts, and straight horizontal metal rails. All framing shall be on the residence side of the fencing. Intermittent architectural columns may be utilized instead of metal posts. Such columns shall not exceed 30 inches in width and 8 feet in height and may consist of stone, brick, concrete, or stucco of the same or similar color and materials as the front of the residential dwelling, provided such columns are not a substitute for metal fencing. Wood fencing and walls of solid material such as stone, brick, concrete, or stucco are prohibited. Non intrusive mailboxes attached to the metal fencing or in a column are acceptable.
c. Perimeter fencing behind the front building line of the residential dwelling shall not exceed 8 feet in height and shall be either the same as the permitted fencing forward of the front building line or wood, stone, brick, concrete, or stucco.
4. Plans and Specifications. Before building or installation of any perimeter fencing, lot owners must submit to the ACC or the Board, as applicable, plans and specifications including dimensions, colors, materials, and proposed location on the owner's lot, scaled in relation to all perimeter boundary lines, easements, setbacks, and other improvements on the lot. Lot owners must receive prior written approval from the ACC or the Board, as applicable, prior to building or installing any perimeter
ry lines, easements, setbacks, and other improvements on the lot. Lot owners must receive prior written approval from the ACC or the Board, as applicable, prior to building or installing any perimeter fencing. The ACC or the Board, as applicable, may in its sole discretion require the use of, or prohibit, specific materials, colors, and designs and may require specific location(s) for the perimeter fencing. A lot owner who builds or installs perimeter fencing shall ensure that they are in compliance with all laws, ordinances, codes, and easements. An approval of an application for perimeter fencing by the ACC or the Board, as applicable, is not a guarantee of compliance with any laws, ordinances, codes, and easements and is not a guarantee of safety or security. The lot owner assumes all risks, expenses, and liabilities associated with perimeter fencing built or installed on the lot owner’s lot, including, but not limited to, the City, County, utility, or other entity requiring the removal of perimeter fencing for any reason.
. Maintenance. Lot owners with home security measures built or installed on their individual lots shall ensure these home security measures are properly maintained, are kept in good repair, and do not become an eyesore. No vines or vegetation shall be allowed to grow on perimeter fencing forward of the front building line of the residential dwelling.
. Exclusions of Existing Home Security Measures. Home security measures such as security cameras, motion detectors, or perimeter fencing in existence on a lot -3RP-2022-436546 before the Effective Date shall not be deemed in violation of these Guidelines.
However, subsequent replacement of existing home security measures after the Effective Date shall be subject to these Guidelines.
e Effective Date shall not be deemed in violation of these Guidelines.
However, subsequent replacement of existing home security measures after the Effective Date shall be subject to these Guidelines.
7. Compliance. Home security measures not in compliance with these Guidelines shall be considered a violation of the restrictive covenants governing the Subdivision.
EXECUTED on the date of the acknowledgment set forth herein below, to be effective as set forth above.
Huisache Acres Owners’ Association, a Texas non-profit corporation William John Bux, President STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on Auoust a Y , 2022, by William John Bux, President of Huisache Acres Owners’ Association, a Texas nonprofit corporation, on behalf of said corporation and that he executed this instrument for the purpose and in the capacity therein expressed.
TET PC o 3 K SARA ESTRADA } = Not 1D #126342634 H is ity Commission Expires Notary Public, State of Texas OP Se January 31, 2024 WHEN RECORDED, RETURN TO: Hoover Slovacek, LLP 5051 Westheimer, Suite 1200 Houston, Texas 77056 RP-2022-436546 RP-2022-436546 # Pages 5 08/26/2022 03:56 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $30.00 RECORDERS MEMORANDUM ; This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law.
THE STATE OF TEXAS COUNTY OF HARRIS ; I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped
r race is invalid and unenforceable under federal law.
THE STATE OF TEXAS COUNTY OF HARRIS ; 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 Real Property of Harris County, Texas.
Jot he COUNTY CLERK HARRIS COUNTY, TEXAS