RP-2022-587387 RP-2022-587387 12/15/2022 ER $26.00 CERTIFICATE OF ADOPTION OF SOLAR ENERGY DEVICES GUIDELINES OF HUISACHE ACRES OWNERS' ASSOCIATION STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS § WHEREAS, the Board of Directors (the "Board") of Huisache Acres Owners' Association, a Texas non-profit corporation (the "Association") is charged with administering and enforcing that certain Fifth Amended and Restated Protective Covenants of the Huisache Acres Subdivision (the “Subdivision”) recorded in the Office of the County Clerk of Harris County, Texas, under Clerk’s File No. V578348, as may be supplemented and amended from time to time encumbering the Subdivision; and WHEREAS, Chapter 202 of the Texas Property Code was amended effective June 17, 2011, to add Section 202.010 ("Section 202.010") thereto; and WHEREAS, Section 202.010 allows a property owners' association to adopt and enforce rules and regulations regarding solar energy devices; and WHEREAS, the Board has determined that in connection with providing rules and regulations regarding solar energy devices, it is appropriate for the Association to adopt solar energy devices guidelines; and WHEREAS, 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; and WHEREAS, the Board held a meeting on ] JECEMBER S , 2022 (the “Adoption Meeting”), at which at least a majority of the members of the Board were present and duly passed the solar energy devices guidelines described herein below (the "Solar Energy Devices Guidelines").
ion Meeting”), at which at least a majority of the members of the Board were present and duly passed the solar energy devices guidelines described herein below (the "Solar Energy Devices 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 Board duly adopted the Solar Energy Devices Guidelines.
The Solar Energy Devices Guidelines are effective upon recordation of this Certificate in the Official Public Records of Real Property of Harris County, Texas (the “Effective Date”), and supplement any restrictive covenants, guidelines or policies regarding Solar Energy Devices which may have previously been in effect for the Subdivision, unless such restrictive covenants, guidelines or policies are in conflict with the Solar Energy Devices Guidelines, in which case the terms of the Solar Energy Devices Guidelines will control. The Solar Energy Devices Guidelines are as follows: As used herein, “Solar Energy Device” or “Solar Energy Devices” means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy and includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
RP-2022-587387 CATEGORY 1 (ROOF MOUNTED SOLAR ENERGY DEVICE) The following conditions (as well as the Minimum Conditions set forth below) apply to a Solar Energy Device mounted to the roof of the home or other structure: a.
1 (ROOF MOUNTED SOLAR ENERGY DEVICE) The following conditions (as well as the Minimum Conditions set forth below) apply to a Solar Energy Device mounted to the roof of the home or other structure: a.
The Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring must be located to the rear one-half (1/2) of the lot, must not be visible from the frontage street or adjoining streets and must serve only improvements on the particular lot in which it is located unless an alternate location on the roof increases the estimated annual energy production of the Solar Energy Device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than ten (10%) percent. In such instance, the Solar Energy Device and any mast shall be placed in the least visible location where an acceptable level of annual energy production is still possible.
The Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring shall not extend above the roofline of the house or other structure upon which the Solar Energy Device is located.
The slope of the Solar Energy Device and any brackets must conform to the slope of the roof and must have a top edge that is parallel to the roofline.
CATEGORY 2 (NON-ROOF MOUNTED SOLAR ENERGY DEVICE) The following conditions (as well as the Minimum Conditions set forth below) apply to a Solar Energy Device not mounted to the roof of the home or other structure: a.
The Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring may not extend above the fence line.
The Solar Energy Device and any related mast, frame, brackets, support structure, piping and
ny related mast, frame, brackets, support structure, piping and wiring may not extend above the fence line.
The Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring may only be located behind the front building line of the lot in a fenced yard or patio owned and maintained by the owner.
MINIMUM CONDITIONS In addition to the foregoing requirements, no Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring shall be erected, constructed, placed, or permitted to remain on any lot unless such installation strictly complies with the following minimum conditions: a.
The proposed location of the Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring must be submitted to the Association’s Architectural Control Committee (the “Architectural Committee”) for prior written approval. The Architectural Committee reserves the right to withhold approval of the Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring, even if it complies with the Guidelines herein, if the placement constitutes a condition that substantially interferes with the use and enjoyment of land by causing an unreasonable discomfort or annoyance to persons of ordinary sensibilities.
RP-2022-587387 b. The Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring must not threaten the public health or safety as adjudicated by a court or violate the law as adjudicated by a court.
c. The Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring must be silver, bronze or black tone commonly available on the market place and no
ed by a court.
c. The Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring must be silver, bronze or black tone commonly available on the market place and no advertising slogan, logo, print or illustration shall be permitted upon the Solar Energy Device or any related mast, frame, brackets, support structure, piping and wiring, other than the standard logo, printing or illustration which may be included by the applicable manufacturer for the Solar Energy Device or any related mast, frame, brackets, support structure, piping and wiring.
d. The Solar Energy Device and any related mast, frame, brackets, support structure, piping and wiring installed hereunder shall be installed in a manner that complies with all applicable laws and regulations and manufacturer's instructions and, as installed, must not void the material warranties.
e. Solar Energy Devices installed on a lot before the Effective Date shall not be in violation of the Solar Energy Devices Guidelines. However, subsequent replacement of the Solar Energy Devices after the Effective Date shall be subject to the Solar Energy Devices Guidelines.
EXECUTED on the date of the acknowledgment set forth herein below, to be effective as set forth above on the Effective Date.
Huisache Acres Owners’ Association, a Texas non-profit corporation William John Bux,/ Precident , THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on | Z / 3 , 2022, by William John Bux, President of Huisache Acres Owners' Association, a Texas non-profit corporation, on behalf of said corporation.
Notary Public, State of Texas WHEN RECORDED, RETURN TO: Hoover Slovacek LLP SON LOLA MAE DAVIS ; Notary ID #5851875 Galleria Tower Ii /g/ My Commission Expires
poration, on behalf of said corporation.
Notary Public, State of Texas WHEN RECORDED, RETURN TO: Hoover Slovacek LLP SON LOLA MAE DAVIS ; Notary ID #5851875 Galleria Tower Ii /g/ My Commission Expires 5051 Westheimer Rd., Suite 1200 Ye nity 9, 2024" Houston, Texas 77056 ee 70207 1\00002101622977.WPD 1 3 RP-2022-587387 RP-2022-587387 # Pages 4 12/15/2022 08:54 AM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $26.00 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 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