RP-2022-587386 RP-2022-587386 12/15/2022 ER $26.00 CERTIFICATE OF ADOPTION OF STANDBY ELECTRIC GENERATOR 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 September 1, 2015, to add Section 202.019 concerning Standby Electric Generators (herein defined); and WHEREAS, Section 202.019 of the Texas Property Code defines Standby Electric Generators (herein “Standby Electric Generators”) as a device that converts mechanical energy to electrical energy and is: (1) Powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen; (2) Fully enclosed in an integral manufacturer-supplied sound attenuating enclosure; (3) Connected to the main electrical panel of a residence by a manual or automatic transfer switch; and (4) Rated for a generating capacity of not less than seven kilowatts; and WHEREAS, Section 202.019 of the Texas Property Code allows a property owners' association to adopt guidelines to regulate the operation and installation of Standby Electric Generators; and WHEREAS, the Board has determined that it is appropriate for the Association to adopt guidelines regarding Standby Electric Generators; and
eration and installation of Standby Electric Generators; and WHEREAS, the Board has determined that it is appropriate for the Association to adopt guidelines regarding Standby Electric Generators; 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 j -E CEMBEL § y , 2022 (the “Adoption Meeting”), at which at least a majority of the members of the Board were present and duly passed guidelines regarding Standby Electric Generators described herein below (the "Standby Electric Generator 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 RP-2022-587386 members of the Board were present and the Board duly adopted the Standby Electric Generator Guidelines. The Standby Electric Generator 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 Standby Electric Generators which may have previously been in effect for the Subdivision, unless such restrictive covenants, guidelines or policies are in conflict with the Standby Electric Generator Guidelines, in which case the terms in the Standby Electric Generator Guidelines will control. The Standby Electric Generator Guidelines are as follows: STANDBY ELECTRIC GENERATOR GUIDELINES
Generator Guidelines, in which case the terms in the Standby Electric Generator Guidelines will control. The Standby Electric Generator Guidelines are as follows: STANDBY ELECTRIC GENERATOR GUIDELINES 1. All installations of Standby Electric Generators must be submitted to the Association’s Architectural Control Committee for prior written approval before any installation commences.
2. Standby Electric Generators must be installed and maintained in compliance with the manufacturer’s specifications and applicable governmental health, safety, electrical, and building codes, laws and regulations.
3. All electrical, plumbing and fuel line connections must be installed only by licensed contractors.
4. All electrical connections must be installed in accordance with applicable governmental health, safety, electrical, and building codes, laws and regulations.
5. All natural gas, diesel fuel, biodiesel fuel, or hydrogen fuel line connections must be installed in accordance with applicable governmental health, safety, electrical, and building codes, laws and regulations.
6. All liquefied petroleum gas fuel line connections must be installed in accordance with rules and standards promulgated and adopted by the Railroad Commission of Texas and other applicable governmental health, safety, electrical, and building codes, laws and regulations.
7. Nonintegral Standby Electric Generator fuel tanks must be installed and maintained to comply with applicable governmental health, safety, electrical, and building codes, laws and regulations.
8. Standby Electric Generators and all electrical, plumbing and fuel lines shall be maintained in good condition by the owner of the lot upon which it is located.
9. Any deteriorated or unsafe component of a Standby Electric Generator,
all electrical, plumbing and fuel lines shall be maintained in good condition by the owner of the lot upon which it is located.
9. Any deteriorated or unsafe component of a Standby Electric Generator, including electrical, plumbing or fuel lines, shall promptly be repaired, replaced or removed by the owner of the lot upon which it is located.
10. The Standby Electric Generator and related electrical, plumbing and fuel lines must serve only improvements on the particular lot in which they are located.
11. Periodic testing of a Standby Electric Generator consistent with the manufacturer’s recommendation may only take place between the hours of 12. | A Standby Electric Generator must be screened, if the Standby Electric Generator is: a. Visible from the street faced by the dwelling; b. Located in an unfenced side or rear yard of a residence and is visible from an adjoining residence; or c. Located in a side or rear fenced yard and is visible through the fence from an adjoining residence.
The size, type, and materials for screening must be submitted to the Association’s Architectural Control Committee for prior written approval.
13. The use of a Standby Electric Generator to generate all or substantially all of the electrical power to a residence, except when utility-generated electrical power to the residence is not available or is intermittent due to causes other than nonpayment for utility service to the residence, is prohibited.
2 702071\00002101622978.WPD 1 RP-2022-587386 14. In addition to the foregoing requirements, no Standby Electric Generator and related electrical, plumbing and fuel lines shall be erected, constructed, placed or permitted to remain on any lot unless such installation strictly complies with the
o Standby Electric Generator and related electrical, plumbing and fuel lines shall be erected, constructed, placed or permitted to remain on any lot unless such installation strictly complies with the following location requirements (however, each location requirements shall not apply if it increases the cost of installation of the Standby Electric Generator by more than ten (10%) percent or increases the cost of installing and connecting the electric and fuel lines for the Standby Electric Generator by more than twenty (20%) percent): a. To the extent feasible, the Standby Electric Generator and related electrical, plumbing and fuel lines shall be located in the backyard of the lot, behind the main dwelling and at least five feet (5°) from all property lines.
b. To the extent feasible, no Standby Electric Generator and related electrical, plumbing and fuel lines shall be constructed or placed or permitted to remain on any utility easement or other easement or rightof-way located on any lot.
15. If any provision of this Standby Electric Generator Guidelines is determined by a Court to be invalid, the remainder of the provisions in this Standby Electric Generator Guidelines shall remain in full force and effect.
16. | Standby Electric Generators installed on a lot before the Effective Date shall not be in violation of this Standby Electric Generator Guidelines. However, subsequent replacement of a Standby Electric Generator after the Effective Date shall be subject to this Standby Electric Generator 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, President THE STATE OF TEXAS § § COUNTY OF HARRIS §
elow, to be effective as set forth above on the Effective Date.
Huisache Acres Owners' Association, a Texas non-profit corporation William John Bux, President THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on | ZL [ 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 WHEN RECORDED, RETURN TO: BEY AG LOLA MAE DAVIS Hoover Slovacek LLP Notary ID #5851875 Galleria Tower II My Commission Expires . . oy July 9, 2024 5051 Westheimer Rd., Suite 1200 Houston, Texas 77056 RP-2022-587386 RP-2022-587386 # 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