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~ LAKEWOOD OWNERS ASSOCIATION DECLARATION TABLE OF CONTENTS 1. Purpose and Extent of Amended and Restated Declaration of Restrictions, Covenants, Conditions and Reservations for Lakewood Owners Association, Inc.
2. Article I- Definitions 3. Article II- Restrictions a. Residential Use Restriction b. Leases Antennae a © Signs Rubbish and Debris Noise Lighting mga to Construction of Improvements me Tree and Brush Clearing ar Building Size and Standards of Construction ~ Repair of Buildings — Alteration or Removal of Improvements m. Hazardous Activities 5 Temporary Structures o Mining and Drilling Grading and Excavation Animals moO Violations of Restrictions 4. Article III]- Common Area Restrictions a. General b. Maintenance of the Common Areas c. Use of the Common Areas 5. Article IV- Association Membership a. Membership b. E-Mail Contact c. Allocation of Votes AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 1 of 24 d.
DOC 10242554 VOL 42 Powers and Authority of the Association 6. Article V- Architectural Review Committee a.
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1 Establishment and Composition Prohibition of Construction, Alteration and Improvement Requirement to Act by the Architectural Review Committee Basis for Architectural Review Committee Approval or Disapproval Liability Governmental Agency and Approval 7. Article VI- Funds and Assessments a.
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Assessments Purpose of Assessments Annual Assessments Assessment Commencement Date Owner's Personal Obligation for Payment of Assessments Assessment Lien and Foreclosure Sale or Transfer of Lot by Delinquent Lot Owner Exempt Property 8. Article VII- Miscellaneous 9. Certification of the Association’s President and Secretary
Assessments Assessment Lien and Foreclosure Sale or Transfer of Lot by Delinquent Lot Owner Exempt Property 8. Article VII- Miscellaneous 9. Certification of the Association’s President and Secretary 10, Exhibits AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 2 of 24 ae TREE DOC ONP4SSSS VOL tii By AMENDED AND RESTATED DECLARATION OF THE RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FOR LAKEWOOD ESTATES AND LAKEWOOD PARK THE STATE OF TEXAS § § | KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BANDERA § This document consolidates, amends and restates the seven original declarations and two amendments which are listed in Exhibit B attached to this restated declaration. These Restrictions, Covenants, Conditions and Reservations are established for the purpose of creating and maintaining a livable, tranquil, visually appealing, healthful, and safe residential community for the residents and owners of Lakewood Estates and Park Subdivisions.
Members of Lakewood Owners Association, Inc. (the “Association”) desire to amend and consolidate the Declarations governing their respective subdivisions into this single Amended and Restated Declaration of Restrictions, Covenants, Conditions and Reservations for Lakewood Estates and Lakewood Park (hereinafter referred to as the “Restated Declaration”); Whereas the founding Declarations in Paragraph 22 as confirmed in Section 209.0041 (h-1) of the Texas Property Code provide that a declaration may be amended by a vote of no less than fifty-one percent (51%) of the total votes allocated to property owners in a property owners’ association, a provision which the members hereby retain in this restated Declaration;
ote of no less than fifty-one percent (51%) of the total votes allocated to property owners in a property owners’ association, a provision which the members hereby retain in this restated Declaration; Whereas, in accordance with the foregoing requirements, members of the Association representing at least fifty-one percent (51%) of the total votes allocated to members of the Association approved this Restated Declaration, which in effect amends each of the Declarations applicable to the Property, by a voting process conducted either electronically via the internet or by the US Mail, depending upon the preference of the voting property member; The property herein described shall be subject to the following Restrictions, Covenants, Conditions and Reservations, which shall be binding on all tracts of Lakewood Estates/ Park Subdivisions and all owners thereof. These Restrictions, Covenants, Conditions and Reservations, as hereafter provided, shall be construed as covenants running with said land and binding upon all owners and purchasers of said property, their heirs, successors, executors, administrators, and assigns, as provided herein.
ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 3 of 24 DOC HNP4PRSS VOL i?tii PG used in this Restated Declaration shall have the following meanings: 1.01 Architectural Review Committee. “Architectural Review Committee” shall mean the committee created pursuant to this Declaration to review and approve plans for the construction or modification of improvements upon the property.
ttee. “Architectural Review Committee” shall mean the committee created pursuant to this Declaration to review and approve plans for the construction or modification of improvements upon the property.
1.02 Architectural Review Committee Rules. “Architectural Review Committee Rules” shall mean the rules and regulations adopted by the Architectural Committee, as the same are amended from time to time. Architectural Review Committee was previously called the Architectural Review Committee.
1.03 Assessment. “Assessment” or “Assessments” shall mean such assessments as may be levied by the Association under the terms and provisions of this Restated Declaration.
1.04 Association. “Association” shall mean and refer to Lakewood Owners Association, Inc., a Texas non-profit corporation.
1.05 Association Rules. “Association Rules” shall mean the rules and regulations adopted by the Board from time to time concerning the management and administration of the Subdivision for the use, benefit and enjoyment of the Owners.
1.06 Board. “Board” shall mean the Board of Directors of the Association.
1.07 Bylaws. “Bylaws” shall mean the Bylaws of the Association.
1.08 Common Area. “Common Area” shall mean all real property, including the improvements thereto, conveyed, leased or licensed to the Association by Plat dedication, lease agreement, license agreement or otherwise. The Common Area shall be owned and/or held by the Association for the common use and enjoyment of the owners.
1.09 Foreclosures “Judicial Foreclosure” refers to the process by which the right to foreclose a lien is established by judicial proceeding and then is carried out by order of the court. “NonJudicial Foreclosure” is conducted without court supervision and is not carried out by the county
lose a lien is established by judicial proceeding and then is carried out by order of the court. “NonJudicial Foreclosure” is conducted without court supervision and is not carried out by the county sheriff but by a trustee appointed by the Lakewood Owners Association.
1.10 Governing Documents. “Governing Documents” shall mean this Restated Declaration, as the same may be amended from time to time, together with the Rules and Bylaws of the Association, as the same may be amended from time to time.
1.11 House. “House” shall mean the primary residential dwelling constructed on each Lot.
1.12 Improvement. “Improvement” shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to buildings, outbuildings, storage sheds, patios, tennis courts, swimming pools, garages, storage buildings, fences along county roads, canine runs, screening walls, retaining walls, stairs, decks, poles, signs, tanks, reservoirs, pipes, lines, antennas, towers and lot clearing.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 4 of 24 BOC WO24255~6 VOL LSii Pas 1.13 Lakewood Estates Subdivision. “Lakewood Estates Subdivision” shall mean the Lakewood Estates Unit I, Lakewood Estates Unit II, Lakewood Estates Unit III, Lakewood Estates Unit IV, Lakewood Estates Unit V, and Lakewood Estates Unit VI subdivisions, collectively.
1.14 Lakewood Park Subdivision. “Lakewood Park Subdivision” shall mean the Lakewood Park subdivision.
1.15 Lot. “Lot” or “Lots” shall mean any lot or parcel of land (with the exception of Common Areas) shown as such on any recorded Plat, together with all Improvements located thereon. No
subdivision.
1.15 Lot. “Lot” or “Lots” shall mean any lot or parcel of land (with the exception of Common Areas) shown as such on any recorded Plat, together with all Improvements located thereon. No lot shall be further subdivided nor lots combined no matter the size. The developer’s original plat(s) and number of lots shall remain inviolate in perpetuity in order to maintain Lakewood’s rural nature and hold secure a constant and predictable income through the assessment process.
This also preserves the total number of votes per the original number of lots owned.
1.16 Member. “Member” or “Members” shall mean any person, persons, entity, or entities holding membership rights in the Association.
1.17 Qwner. “Owner” or “Owners” shall mean a person or persons holding a fee simple interest in any portion of the Property, but shall not include a Mortgagee.
1.18 Plans and Specifications. “Plans and Specifications” shall mean any and all documents designed to guide or control the construction, erection, modification and/or removal of any Improvement, including but not limited to those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, elevation drawings, floor plans, specifications on all building products and construction techniques, plans for utility services, and all other documentation or information relevant to such improvement.
1.19 Structures and Improvements. “Structures and Improvements” as referred to in the following paragraphs are most clearly understood as houses, garages, sheds, decks, swimming pools and other major undertakings. No definition can encompass the entirety of physical creations that hundreds of homeowners may construct. Generally, landscaping and unobtrusive
ds, decks, swimming pools and other major undertakings. No definition can encompass the entirety of physical creations that hundreds of homeowners may construct. Generally, landscaping and unobtrusive features such as small fountains would not need Architectural Review action; however, a quick check with the Business Manager’s Office would allay all doubts and might result in some helpful tips for the homeowner.
ARTICLE II RESTRICTIONS 2.01 Residential Use Restriction.
2.01.1 Each Owner shall use his /her Lot and any improvements situated thereon for single family residential purposes only and shall not be used for commercial or business use unless stipulated in 2.01.2. As used herein, the term “single family residential AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 5 of 24 ot ¢ mm] 3 2.02 DOC OO242554 VOL i2ii Pay purposes” shall be deemed to prohibit specifically, but without limitation, the use of Lots for hospitals, clinics, boarding houses, hotels, motels, duplex apartments, fractional rentals such as Air B n B or other apartment uses or for any business, professional or other commercial activity except small home offices without vehicular traffic unless otherwise allowed in Paragraph 2.01.2, In cases that an owner owns contiguous lots, he may site a residence overlapping the lots. Conversely, a residence may be erected on one lot and other non-residence structures such as a garage or shed(s) may be constructed on the adjacent lot as long as setback provisions set out in Paragraph 2.22 of this Restated Declaration are strictly followed.
2.01.2 Lots fronting FM 1283 which are designated on a Plat for commercial purposes
cent lot as long as setback provisions set out in Paragraph 2.22 of this Restated Declaration are strictly followed.
2.01.2 Lots fronting FM 1283 which are designated on a Plat for commercial purposes may be used for either residential or commercial purposes. Before an applicable Lot may be used for commercial purposes, the nature of the business and the Plans and Specifications for any Improvements to be constructed on such Lots that are related to such business must first be approved in writing by the Architectural Review Committee with the concurrence of the Board. In no event shall any business be conducted on any Lot which is determined by the Architectural Review Committee with Board concurrence, in their sole and absolute discretion, to be noxious or harmful by reason of emission of odor, dust, smoke, gas fumes, noise, light, or vibration.
2.01.3 Owners and their family and guests are permitted to camp on the Owner’s Lot using tents, campers, or travel trailers so long as no period of camping exceeds four consecutive days during any seven day period. Once a house has been constructed and occupied as in the case of Lakewood Estates or as in Lakewood Park, a residence occupied, an owner may store his RV and/or camper on his lot; however, in no case shall such vehicles be occupied or otherwise lived in.
Leases. An Owner may lease his or her Lot and all Improvements situated thereon, subject to the following terms, conditions and limitations: 2.03 2.02.01 An Owner may lease his or her Lot for single-family residential use purposes only. For purposes of this provision, lease of an Owner’s Lot for single- family residential use purposes shall mean for a period of time no less than sixty (60)
single-family residential use purposes only. For purposes of this provision, lease of an Owner’s Lot for single- family residential use purposes shall mean for a period of time no less than sixty (60) consecutive days. Notwithstanding the foregoing, an Owner may not lease or rent any guest house, cabana, or other secondary building or Improvement on the Owner’s Lot to any person unless the subject Lot, the House and all other Improvements located thereon, are also leased or rented to the same person.
Antennae. Exterior radio or television antennae, satellite dish receivers, or other devices designed to receive telecommunication signals, including, but not limited to, radio, computer signal reception, television, or microwave signals which are intended for cable television, network television reception, or other entertainment purposes may be erected and maintained.
The Architectural Review Committee (ARC) must be consulted before installation to help ensure that other members are not impacted by unsightly nor obtrusive equipment. In addition, the ARC may require the modification or removal of broadcasting antenna if it can be determined that it causes undue disruption to neighbors’ reception of signals. The Architectural Review AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FOR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 6 of 24 fad Doo onepeaoss Committee has sole and absolute discretion with Board concurrence in denying permission in cases where neighboring lots and views from public roads and/or common areas are negatively impacted.
2.04 Signs.
2.04.1 Except as otherwise provided in subsection 2.04.2, no sign of any kind shall be displayed on any Lot within public view from any other Lot or right-of-way without
gatively impacted.
2.04 Signs.
2.04.1 Except as otherwise provided in subsection 2.04.2, no sign of any kind shall be displayed on any Lot within public view from any other Lot or right-of-way without the prior written approval of the Architectural Review Committee.
2.04.2 Section 2.04.1 shall not apply to: 2.04.2(a) a “For Sale” sign displayed on a Lot, so long as: (1) the Lot is actually listed for sale and is actively being marketed; (2) there is no more than one sign; and (3) the sign does not exceed five square feet in dimension. In addition, yard sale signs may be erected no sooner than the morning of and removed within 48 hours after the sale. Yard sign signs shall include the date of event.
2.04.2(b) signs advertising a political candidate or ballot item for an election during a time period commencing on or after the goth day before the date of the election to which the sign relates and ending the 1oth day after such election date (hereinafter referred to as a “Political Sign”). A Political Sign must be located on the Lot of the Owner or resident who authorizes the sign, and may not be located on Common Areas, rights-of-way within the Property, or the Lot of an Owner or resident who has not granted prior authorization for the Political Sign.
Only one Political Sign for each candidate or ballot item may be displayed on a Lot at a time and no Political Sign may exceed four feet by six feet in size.
2.05 Rubbish and Debris. No Lot shall be used or maintained as a dumping ground for rubbish, trash, or garbage. No trash, garbage, junk cars, construction debris, or other refuse may be dumped or disposed of or be allowed to remain upon any Lot, vacant or otherwise.
No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property
s, or other refuse may be dumped or disposed of or be allowed to remain upon any Lot, vacant or otherwise.
No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to any other Lots or to their occupants. All refuse, garbage, and trash shall be kept at all times in covered containers.
2.06 Noise. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other Lots or their occupants.
2.07 Lighting No resident shall install or allow any excessively bright light to be emitted from their property. Any security light must be on a short duration timer and activated only by manual switch or motion sensor.
2.08 Construction of Improvements. No Improvements shall be constructed, erected or placed upon any Lot, and no Improvement on any Lot may be modified or removed, without the prior written approval of the Architectural Review Committee. Each Owner shall be required to AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS For LAKEWOOD ESTATES AND LAKEWOOD PARK Page 7 of 24 BOC WoS425R%4 VOL i2ii submit a detailed Construction Plan prior to commencement of new construction of any structure on a Lot describing such matters as the Architectural Review Committee shall require from time to time, pursuant to the Architectural Review Committee Rules, and such plan must be approved in writing prior to the commencement of construction of any Improvement.
No construction whatsoever, including without limitation, site preparation, clearing of trees or
and such plan must be approved in writing prior to the commencement of construction of any Improvement.
No construction whatsoever, including without limitation, site preparation, clearing of trees or excavation, shall commence without the prior written approval of the Architectural Review Committee. All construction and development shall comply strictly with the approved Construction Plan. Each owner should understand that the breach or violation of this covenant could result in irreparable harm to the rights and interests of other Owners. The purpose of the Architectural Review Committee and the Association is not to complicate the life of any individual owner but to avoid conflict over possible covenant violations and unforeseen impingement on other members’ quiet and legitimate possession of their property. The Review Committee should be viewed as a helpful resource in assisting with creating and maintaining a harmonious community.
2.09 ‘Tree and Brush Clearing. No clearing of trees or “brush” may be performed on a Lot prior to the completion and occupancy of a House on such Lot unless approved in writing by the Architectural Review Committee. This provision ensures that incoming neighbors understand how to prevent the spread of oak wilt. Before an Owner may burn brush on his or her Lot, he or she must first inform the Bandera County Sheriff’s Office to avoid a deputy being dispatched to investigate the smoke.
2.10 Building Size and Standards of Construction. The building size and standards of construction for Houses constructed in the Property shall be controlled by the type of subdivision in which it is to be constructed. See 2.10.1 and 2.10.2 below.
2.10.1 Lots located _in the Lakewood Estates Subdivision. Only a single-family
he Property shall be controlled by the type of subdivision in which it is to be constructed. See 2.10.1 and 2.10.2 below.
2.10.1 Lots located _in the Lakewood Estates Subdivision. Only a single-family residential dwelling may be constructed on a Lot located in Lakewood Estates Subdivision. All Houses constructed on a Lot located in Lakewood Estates Subdivision must contain a minimum floor area (including all air conditioned living areas, but excluding all open porches, breezeways, carports, and garages) of no less than 1,200 square feet. All Houses and other buildings constructed on Lots in the Lakewood Estates Subdivisions must be built on approved foundations with new materials and quality workmanship. No prefabricated homes, modular, mobile nor tiny homes may be constructed, erected or placed on any Lot in the Lakewood Estates Subdivisions.
2.10.2 Lots located in the Lakewood Park Subdivision. In lieu of constructing a singlefamily residential dwelling, an Owner of a Lot in the Lakewood Park Subdivision may place one mobile home on his or her Lot, so long as the mobile home has a minimum of 840 square feet of living area and is skirted to ground level in a manner approved by the Architectural Committee. Before an owner of a Lot in the Lakewood Park Subdivision may place a mobile home on his or her Lot, the age, condition, size, and skirting of the mobile home must be approved in writing by the Architectural Review Committee.
2.11 Repair of Buildings. All Improvements upon any of the Property shall at all times be kept in good condition and repair and adequately painted and otherwise maintained by the Owner.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 8 of 24 Pts
equately painted and otherwise maintained by the Owner.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 8 of 24 Pts DOC Ho242554 VOL i2ii 2.12 Alteration or Removal of Improvements. Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement, or the removal of any Improvement, shall be performed only with the prior written approval of the Architectural Review Committee.
2.13 Hazardous Activities. | No activities shall be conducted on the Property and no Improvements constructed on the Property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, firearms shall not be discharged upon the Property.
2.14 Temporary Structures. Except as provided by Sections 2.01.3 of this Restated Declaration, no tent, shack, or other temporary building, improvement or structure shall be placed upon the Property without the prior written approval of the Architectural Review Committee. Approval may be dependent on the nature, size, duration, and location of such structure. Notwithstanding any provision herein to the contrary: (a) temporary structures necessary for storage of tools and equipment, and for office space for architects, builders, and foremen during actual construction may be maintained with the proper approval of the Architectural Review Committee.
2.15 Mining and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth, and no derrick or other structure
ng, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth, and no derrick or other structure designed for use in drilling for oil or natural gas shall be erected, maintained, or permitted on any Lot.
2.16 Grading and Excavation. No Owner shall alter or change the drainage or seepage on, over, or across, nor the grade of his or her Lot by channeling, filling, grading, excavating or any other means or acts, that adversely impacts adjacent Lots. Neither shall any Owner do, permit, or cause to be done any act that results or might reasonably be expected to result in any adverse change or effect on such drainage or seepage. Each Owner shall not obstruct or in any way prevent other Lot Owners from exercising their rights of ingress and egress as set forth herein this Restated Declaration.
2.17 Animals. Dogs, cats, or other household pets may be kept on an owner’s lot provided that they are not kept, bred, maintained for any commercial purpose, nor allowed to become a nuisance. Such animals must be kept within the borders of the owner’s lot(s) or on a leash. Dog owners are asked to ensure that their pets are not outside barking between the hours of 10:00 p.m. and 6:00 a.m. out of respect for their neighbors. No animals, including pigs, wild animals, cattle, sheep, goats or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained or cared for on the Property or on any Lot within the Property, except as provided in the subparagraphs below.
2.17.1 Horses. The Architectural Review Committee may authorize an owner of a lot
ntained or cared for on the Property or on any Lot within the Property, except as provided in the subparagraphs below.
2.17.1 Horses. The Architectural Review Committee may authorize an owner of a lot or combination of contiguous lots that exceeds one (1) acre in size to keep and maintain up to two (2) horses on said lot(s). Such authorization shall be granted only AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS For LAKEWOOD ESTATES AND LAKEWOOD PARK Page 9 of 24 BOC NS 40554 VOL 1243 if the ARC determines, in its sole discretion that such equines will be well cared for, will be kept within fenced areas and will not create an unsightly scene, nuisance, odors, or otherwise detract from the overall quality or appearance of the property. The ARC authorization must be in writing, and granted before the animals are brought onto the property. Such written authorization shall not run with the land, nor be transferable by the owner receiving it. Furthermore, if the ARC determines that the equines are not being well cared for, not being kept within fenced areas, or have become an unsightly scene, nuisance, malodorous, or a detraction from the overall quality or appearance of the property, it may revoke the authorization to keep such animals. A revocation to keep equines must in writing, signed by a majority of ARC members, and sent to the affected owner by first class mail to the owner’s last known address according to the association’s records.
2.17.1.1 Stalls and Pens. Stalls and pens for permitted horses shall not be located nearer than 100 feet to the front property line, nor nearer than 50 feet to any side property line of the applicable lot(s). Design and placement of stalls
ns for permitted horses shall not be located nearer than 100 feet to the front property line, nor nearer than 50 feet to any side property line of the applicable lot(s). Design and placement of stalls and pens on the site shall be approved by the ARC in writing prior to construction. Stalls and pens should be located behind the house to the extent possible. Pasture fencing shall not be placed closer to public roads than the setback lines for those boundaries, and must be sturdy enough to prevent the equines from damaging it. All fencing, stalls and pens shall be maintained in good repair.
2.17.2 Property owners are allowed a maximum number of eight (8) chickens (hens only) and must comply with the following sanitation requirements to ensure proper handling and maintenance of the chickens.
(A) The chickens must be kept housed or confined in a manner that does not allow them to create a nuisance or run free on the property. The chickens must be kept in a fully enclosed coop and run that is at least twenty-four (24) square feet in size or has at least six (6) square feet of space per chicken, whichever is larger.
(B) The coop and run must be placed on the back-side of the property within twenty-five (25) feet of the property line and a distance of at least twenty (20) feet from every building or structure used for sleeping, dining or living.
(C) Sanitation must be addressed in a manner that prevents the attraction of pests including weekly cleaning and routine disinfecting to ensure no odors are emitted therefore becoming a nuisance.
(D) The chickens may only be kept for personal use and are not to be used for breeding or a commercial purpose.
Obstruction of Views. Each Lot Owner acknowledges and agrees that neither the
nuisance.
(D) The chickens may only be kept for personal use and are not to be used for breeding or a commercial purpose.
Obstruction of Views. Each Lot Owner acknowledges and agrees that neither the Architectural Review Committee nor the members thereof shall be liable to any owner for AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FOR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 10 of 24 BOC noe425R% VOL iDaii monetary damages or otherwise due to the construction of any Improvement within the Property or the creating thereby of an obstruction to the view from such owner's Lot or Lots or an effect on such Owner's privacy.
2.19 Commencement of Construction. Construction or modification of an Improvement shall begin no later than twelve (12) months after it has been approved by the Architectural Committee.
2.20 Time of Construction. Without the prior written consent of the Architectural Review Committee, no building material of any kind or character shall be placed or stored upon any Lot before Construction of Improvements is commenced. All materials permitted to be placed on a Lot shall be placed within the property lines of the Lot. Upon completion of construction of any such Improvement, any unused material shall be removed immediately from the Lot. After commencement of construction of any Improvements on a Lot, the work thereon shall be prosecuted diligently and any such Improvement shall not remain in a partial finished condition any longer than reasonably necessary for completion thereof. Unless otherwise authorized in writing by the Architectural Review Committee prior to the commencement of construction, the construction of any Improvement on a Lot shall be completed within 12 months
Unless otherwise authorized in writing by the Architectural Review Committee prior to the commencement of construction, the construction of any Improvement on a Lot shall be completed within 12 months from the date of commencement of construction, excluding delays due to strikes, war, acts of God or other causes beyond the reasonable control of the Owner. Members self-contracting and/or self-financing must demonstrate the financial resources and construction expertise to the ARC in order to avoid stalled projects. For purposes of this provision, commencement of construction shall be the date materials are first delivered to a Lot. The Architectural Review Committee reserves the right to adopt rules regarding hours of construction, trash control, and noise.
2.21 Hunting. Hunting is prohibited on all Lots, Common Areas and any other portions of the Property.
2.22 Setback Lines. In addition to any requirements imposed by the Plat, no building or other Improvement (excluding fences and gates) shall be located nearer than ten (10) feet from any side Lot line or twenty-five (25) feet from any public right-of-way or county road.
2.23 Fences. Only fences along a property line which front or border a county road need be approved by the Architectural Review Committee. All fences must be well maintained and not allowed to detract from the beauty of the neighborhood.
2.24 Variances. This Declaration intentionally makes no allowances for variances for two reasons. First, the Lakewood HOA has few restrictions all of which are logical and reasonable.
Secondly, once a variance were to be allowed, it would effectively abrogate a restriction in perpetuity simply because what is granted to one neighbor could not effectively be denied to others.
nable.
Secondly, once a variance were to be allowed, it would effectively abrogate a restriction in perpetuity simply because what is granted to one neighbor could not effectively be denied to others.
2.25 Violations of Restrictions. Violations of Restrictions shall be managed in accordance with Texas Property Code Chapter 209.006, which stipulates procedures regarding notification of violation(s) and appeals before the Board of Directors for cases in which a homeowner wants AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS For LAKEWOOD ESTATES AND LAKEWOOD PARK Page 11 of 24 PG ar aoe DOC ONS42554 VOL Pid FY to provide further information or plead extenuating circumstances. In any and all cases, the Lakewood Owners Association reserves the legal right to levy fines appropriate to each case when a violation remains after the appeal process is exhausted. In addition, the resale certificate process shall be utilized to inform all prospective buyers of the noncompliant property that it is in ongoing violation of neighborhood standards.
ARTICLE II COMMON AREA RESTRICTIONS 3.01 General. The Property designated as Common Area may, subject to the approval of Board, be improved and used for active and passive recreational purposes for the primary benefit of Owners and occupants of portions of the Property.
3.02 Maintenance of the Common Areas. |The Common Areas shall be maintained and governed by the Association in a manner consistent with the purposes of the Association as set forth in the Governing Documents. There shall be no obstruction of the Common Areas, nor shall anything be kept or stored in the Common Areas; nor shall anything be altered, constructed,
iation as set forth in the Governing Documents. There shall be no obstruction of the Common Areas, nor shall anything be kept or stored in the Common Areas; nor shall anything be altered, constructed, planted or removed from the Common Areas without the written consent of the Board.
3.03 Use of the Common Areas. Every Owner and resident of a Lot in the Property, as well as any guests of an Owner or such resident shall have the right to use the Common Areas, subject to the following conditions and restrictions: (A) _ The right of the Board to prescribe regulations governing the use, operation and maintenance of the Common Areas, including limiting the number of Owners, residents and/or guests; (B) The right of the Board to assess a damage charge against an Owner for any damage to the Common Areas caused by the negligence or willful misconduct of the Owner or residents of his or her Lot, or such Owner’s or resident’s family, tenants, lessees, guests, or invitees; ~(C) Owners and residents, as well as their family, tenants, lessees, guests, and invitees shall use the Common Areas in compliance with established rules and regulations and at their own risk. The Board of Directors reserves the right to suspend any Owner’s or resident’s rights to use the Common Areas if they or their family, tenants, lessees, guests, or invitees fail to comply with such established rules and regulations. Such suspension may include a legal trespass order violation which subjects the offender to arrest and prosecution.
(D) Suspension of use of common areas may also result from failure to pay the annual assessment when the arrears is sixty (60) days past due.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS For LAKEWOOD ESTATES AND LAKEWOOD PARK
pay the annual assessment when the arrears is sixty (60) days past due.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS For LAKEWOOD ESTATES AND LAKEWOOD PARK Page 12 of 24 DOC noe4gonss ARTICLE IV ASSOCIATION MEMBERSHIP 4.01 Membership. Any Person, upon becoming an Owner, shall automatically become a Member of the Association and shall be subject to the provisions of this Declaration, including all Restrictions, Covenants, Conditions and Reservations, and the Association By-Laws. Every Owner shall also be subject to any and all obligations imposed for the payment of any costs, dues, assessments or corrective action taken by the Association regarding the Member’s tract by mere acceptance of a deed.
4.02 E-Mail Contact Texas Property Code Title 11 Chapter 209, Sec. 209.0051 (f) states that, "It is an owner's duty to keep an updated e-mail address registered with the property owners' association..." so that the association may issue state-required notification of meetings, elections and other association votes.
4.03 Allocation of Votes. The Owner(s) of each Lot within the Property shall have one vote for each Lot so owned. For example, if someone owns five lots, they have five votes. Any property interest in a lot entitles the Owner thereof to vote herein provided which if held jointly or in common by more than one Owner shall require that such Owners thereof designate a single Owner who shall be entitled to cast such vote.
4.04 Powers and Authority of the Association. The Association shall be incorporated as a nonprofit corporation and shall have the powers of a Texas nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Restated
ated as a nonprofit corporation and shall have the powers of a Texas nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Restated Declaration. It shall further have the power to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Restated Declaration. Without in any way limiting the generality of the two preceding sentences, the Association and the Board, acting on behalf of the Association, shall have the power and authority at all times as follows: (A) Rules and Bylaws. To make, establish and promulgate, and in its discretion to amend or repeal and re-enact, such Rules and Bylaws not in conflict with this Restated Declaration, as it deems proper for covering any and all aspects of its functions.
(B) Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association functions.
(C) Records. To keep books and records of the Association's affairs.
(D) Assessments. To levy assessments as provided in Article VI below.
(E) Resale Certificates. To charge a reasonable fee for preparing resale certificates.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS For LAKEWOOD ESTATES AND LAKEWOOD PARK Page 13 of 24 DOC T2405 54 VOL i?ii Pig The Association may refuse to furnish resale certificates until the fee is paid. Any unpaid fees may be assessed against the Lot Owner for which the certificate is furnished.
(F) Legal Services. To retain and pay for legal services necessary or proper in
tes until the fee is paid. Any unpaid fees may be assessed against the Lot Owner for which the certificate is furnished.
(F) Legal Services. To retain and pay for legal services necessary or proper in the operation of the Association, the operation and management of its property, the enforcement of the Governing Documents or Rules, or in the performance of any other right, duty, power, or authority of the Association.
(G) HOA Management. To retain and pay for a contracted Business Manager who will assist the Board with proper communications between the Board and Association, the operation and management of its property, provide accounting services required for the complete compliance with the Association's financial accountability, assist with the enforcement of the Governing Documents or rules, support to the Board and their committees and contractors, or in the performance of any other right, duty, power, or authority of the Association required of their position.
(H) Property Services. To pay for water, sewer, garbage removal, landscaping, gardening and all other utility services and maintenance for the common property of the Association; to maintain and repair easements, roads, roadways, swimming pools, rights-of-way, parks, parkways, median strips, sidewalks, paths, trails, ponds, and other areas of the Common Property, as appropriate; and to own and operate any and all types of facilities for both active and passive recreation.
(1) Other Services and Properties. To obtain and pay for any other common property and services and to pay any other taxes or assessments which the Association or the Board is required to secure or to pay for pursuant to applicable law, the terms of this Restated Declaration or the Certificate of Formation or Bylaws of the Association.
which the Association or the Board is required to secure or to pay for pursuant to applicable law, the terms of this Restated Declaration or the Certificate of Formation or Bylaws of the Association.
(J) Construction on Common Areas. To construct new improvements or additions to Common Areas.
(K) Contracts. To enter into contracts with third-parties on such terms and provisions as the Board shall determine to operate and maintain any Common Areas.
(L) Common Property Ownership. To acquire, own and dispose of all manner of real and common property, whether by grant, lease, gift or otherwise.
ARTICLE V ARCHITECTURAL REVIEW COMMITTEE 5.01 Establishment and Composition. The Architectural Review Committee shall consist of no less than three and no more than five members, who shall be appointed by the Board.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 14 of 24 BOC 002425356 VOL iDii FG Members of the Architectural Review Committee must be Lot Owners and shall serve without salary or any form of compensation. The chairperson of the Architectural Review Committee shall be a member of the Board. The remaining members of the Architectural Review Committee may be but are not required to be members of the Board, 5.02 Voting. Except as otherwise provided herein, a vote or written consent of a majority of the regular members of the Architectural Review Committee at a meeting or otherwise shall constitute an act of the Architectural Review Committee. Routine approvals may be decided by the ARC Chairperson.
5.03 Terms of Office. The terms of office for members of the Architectural Review Committee shall be for a period of one (1) year. Any new member appointed to replace a
decided by the ARC Chairperson.
5.03 Terms of Office. The terms of office for members of the Architectural Review Committee shall be for a period of one (1) year. Any new member appointed to replace a member who has resigned or been removed shall serve such member’s unexpired term.
Members of the Architectural Review Committee who have resigned or whose terms have expired may be reappointed.
5.04 Appointment and Removal. Notwithstanding any other provisions to the contrary, the right to appoint and remove all members of the Architectural Review Committee at any time, with or without cause, shall be and hereby is, vested solely in the Board of Directors.
5.05 Resignations. Any member of the Architectural Review Committee may resign at any time from the Architectural Review Committee by giving written notice thereof to the Board.
5.06 Transfer of Authority to the Association. The duties, rights, powers, and authority of the Architectural Review Committee may be assigned at any time, at the sole election of a majority of the regular members of the Architectural Review Committee, to the Board.
5.07 Address. Applications for approval of proposed construction, erection, placement, modification and/or removal of Improvements, Plans and Specifications, and other requests for action by the Architectural Review Committee shall be submitted to the Architectural Review Committee through the Association Business Manager or the HOA address at 100 Lakeridge Loop, Lakehills, TX 78063-6240.
5.08 Duties. It shall be the duty of the Architectural Review Committee to receive, consider and act upon all applications for approval of proposed construction, erection, placement, modification and/or removal of Improvements, Plans and Specifications, requests for
ittee to receive, consider and act upon all applications for approval of proposed construction, erection, placement, modification and/or removal of Improvements, Plans and Specifications, requests for determination, or other matters submitted to the Architectural Review Committee pursuant to the terms of this Restated Declaration, and to carry out all other duties imposed on it by this Restated Declaration.
5.09 Meetings. The Architectural Review Committee shall meet at its discretion from time to time to perform its duties hereunder. The Architectural Review Committee shall keep and maintain written records of all actions taken by it at such meetings and submit such to the Board.
5.10 Action Without Formal Meeting. The Architectural Review Committee may take action without formal meeting by consenting in writing to any matter, which they might AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 15 of 24 tei .
DOC ONS4 255 ¥OL i2il PG otherwise consider at a formal meeting. Such written consent shall constitute the act of the Architectural Review Committee. Written consent shall mean a writing signed by at least three (3) members of the Architectural Review Committee, to include electronic correspondence.
Notwithstanding the above, the Chairperson may make approvals of routine matters without consulting the entire committee.
5.11 Prohibition of Construction, Alteration and Improvement. No improvement, or any addition, alteration, improvement, installation, exterior modification, redecoration, or reconstruction thereof may occur unless approved in advance by the Architectural Review Committee. Each owner has the right to modify, alter, repair, decorate, redecorate, or improve
redecoration, or reconstruction thereof may occur unless approved in advance by the Architectural Review Committee. Each owner has the right to modify, alter, repair, decorate, redecorate, or improve the interior of an Improvement without recourse to the Architectural Review Committee, 5.12 Requirement to Act by the Architectural Review Committee. Architectural Review Committee (ARC) actions must occur in a timely fashion after receipt of improvement/modification requests so that the property owner can receive an answer within fifteen (15) days. If the ARC fails to give notice of ARC decision(s) within fifteen (15) days, it shall be conclusively presumed that the Architectural Review Committee has approved such Improvement Request as submitted. If the Architectural Review Committee requests additional information or amended materials or an amended Improvement Request during the initial fifteen (15) day period, or approves on condition that certain additional or amended materials be submitted, such period shall automatically be extended to fifteen (15) days following the date upon which such additional information or amended materials are received by and receipted for by the Architectural Review Committee. An additional fifteen (15) day extension shall occur if further additional information or amended materials are requested or required during any subsequent extension period. If the additional or amended materials are not received on or before the required date, then the Improvement Request to the Architectural Review Committee shall be deemed automatically disapproved, but may be resubmitted. In cases where owners refuse to abide by ARC decisions, a record shall be made for that particular file so that concerned
w Committee shall be deemed automatically disapproved, but may be resubmitted. In cases where owners refuse to abide by ARC decisions, a record shall be made for that particular file so that concerned parties can be informed during the resale certificate process. In that way, the Association will have met its full disclosure due diligence responsibility to future owners/buyers.
5.13 Basis for Architectural Review Committee Approval or Disapproval. The Subdivision is intended to have a clean, safe, and tranquil environment. Toward this end, it is intended that the Architectural Review Committee has the greatest degree of discretion possible in reviewing, approving or disapproving Improvement Requests. The Architectural Review Committee shall have the right to consider as the basis for any approval or disapproval of an Improvement Request: (i) compliance or noncompliance with certain objective standards set out in this Restated Declaration or in any rules or guidelines subsequently published or adopted by the Architectural Review Committee; (ii) the nature and quality of the building materials and methods of construction to be used; and, (iii) the location of the proposed Improvements on the Lot. The decision of the Architectural Review Committee, based upon the restrictions set forth herein, concerning an Improvement Request shall be final and binding so long as it is made in good faith, unless written request of appeal of such decision from the applicant is received by the Board within 30 days of the date of such decision by the Architectural Review Committee. The Board will review and act on any timely received request of appeal at its next regularly scheduled Board meeting following receipt of such request of
ecision by the Architectural Review Committee. The Board will review and act on any timely received request of appeal at its next regularly scheduled Board meeting following receipt of such request of AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 16 of 24 BOC OOP4A PRES VOL tii EG appeal. The Board’s decision upon an applicant’s request of appeal shall be final and binding so long as it is made in good faith, The Architectural Review Committee’s or the Board’s approval of any Improvement Request shall not be deemed approval thereof from the standpoint of structural safety, engineering soundness, or conformance with building or other codes. No Owner or any other person, association or entity shall have any recourse against the Architectural Review Committee or the Board, or any member thereof, for its or such member’s approval or rejection of all or any portion of an Improvement Request or of any materials submitted therewith, or for any other decision rendered under the authority of this Restated Declaration.
5.14 Liability. Neither the Association, Board of Directors, Architectural Review Committee nor any member thereof shall be liable to any Owner, or any person or association or entity, for any damage, loss or prejudice suffered or claimed on account of: (i) the approval or rejection of any Improvement Requests or any materials submitted therewith, whether or not defective; (ii) the construction or performance of any work, whether or not pursuant to an approved Improvement Request or any materials submitted therewith; (iii) the development of the Property; (iv) the structural capacity or safety features of the proposed Improvement or
pursuant to an approved Improvement Request or any materials submitted therewith; (iii) the development of the Property; (iv) the structural capacity or safety features of the proposed Improvement or structure; (v) whether or not the location of the proposed Improvement or structure on the building site is free from possible hazards from flooding, or from any other possible hazards whether caused by conditions occurring either upon or off the Property; (vi) soil erosion causing sliding conditions; (viii) compliance with governmental laws, ordinances and regulations; or (viii) any decision made or action taken or omitted to be taken under the authority of this Restated Declaration. Without in any way limiting the generality of any foregoing provisions of this section, the Architectural Review Committee or Board, or any member thereof, may, but is not required to, consult with or determine the view of any other Owner with respect to any Improvement Request, or any materials submitted to the Architectural Review Committee.
5.15 Governmental Agency and Approval. Nothing in this Restated Declaration shall relieve or be interpreted as purporting to relieve any Owner from also securing such approval (s), certificate(s) or permit(s) of any governmental agency or entity with jurisdiction as may be required by law as a condition to the commencement of construction, maintenance, addition, change or alteration to or of any Improvement, and the Architectural Review Committee may require that a copy of such approval(s), certificate(s) or permit(s) be provided to the Architectural Review Committee as a final condition to approval of an Improvement Request, or as additional assurance to the Architectural Review Committee that the Improvements and uses of
ded to the Architectural Review Committee as a final condition to approval of an Improvement Request, or as additional assurance to the Architectural Review Committee that the Improvements and uses of an approved Improvement meet governmental requirements.
ARTICLE VI FUNDS AND ASSESSMENTS 6.01 Assessments.
(A) In addition to the annual assessment, the Association may from time to time levy Assessments against each Lot in accordance with the provision of this Article VI. The level of Assessments shall be equal and uniform among all Lots.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 17 of 24 DOC On2425R%6 VOL 1211 FG (B) Each unpaid Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligation of the Owner of the Lot against which the Assessment fell due, and shall be secured by a vendor's lien against each such Lot and all Improvements thereon. The Association may enforce payment of such Assessments in accordance with the provisions of this Article.
6.02 Purpose of Assessments. Assessments levied by the Association shall be used to perform its duties and obligations under the Governing Documents and for the maintenance, improvement, and upkeep of the Common Areas and enhancement of the recreation, health, safety, and welfare of the Owners and residents. In order to preserve a standard level of income for the Association, the obligation to pay Assessments levied against each Lot shall be based on the number and composition of Lots within the Property as originally platted by the developer at the inception of the Lakewood Development, and as they still exist as of the date this Restated
ased on the number and composition of Lots within the Property as originally platted by the developer at the inception of the Lakewood Development, and as they still exist as of the date this Restated Declaration is recorded in the Official Public Records of Bandera County, Texas. If after such date, two or more Lots are re-platted into a single Lot, the obligation to pay Assessments shall continue as if such Lots were never combined.
6.03 Annual Assessments. Assessments will be set by the Board of Directors. The annual assessment may be increased ten percent (10%) without a vote of the general membership; however, there shall be no more than one increase in any consecutive two years unless approved by a vote of fifty-one percent of the membership voting in person, electronically or by proxy at a meeting called for that purpose. Electronic ballots are specifically authorized by Texas Code 209.00592(3). Written notification by USPS or electronic correspondence of any meeting called for the purpose of taking any action regarding assessments shall be sent to all members not less than fifteen nor more than fifty days in advance of the meeting.
6.04 Assessment Commencement Date The annual assessments provided for herein shall commence as to all tracts on January Ist of each year and shall be paid in full within 30 days.
The Association shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period if the assessment is changed. Written notice of the annual assessment shall be sent to every owner.
6.05 Owner's Personal Obligation for Payment of Assessments. The annual and special Assessments provided for herein shall be the personal and individual debt of the Owner of the
e sent to every owner.
6.05 Owner's Personal Obligation for Payment of Assessments. The annual and special Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest at the highest rate allowed by applicable usury laws then in effect on the amount of the Assessment from the due date thereof (or if there is no such highest rate, then at the rate of fifteen percent (15%) per annum, together with all costs and expenses of collection, including court costs, administrative and collection fees, and attorneys’ fees. A collection fee shall be charged on April 1 for all accounts remaining in arrears as of that date. An additional collection fee shall be charged to all delinquent accounts on the date that a suit is filled in court for non-payment. Timely assessment payment avoids forcing the Business Manager and Board members from assuming the obnoxious and time AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 18 of 24 DOC 0024295354 ¥YOL i3id Fig consuming responsibility of debt collectors. To recap the financial incentives for members to live up to their responsibilities, these are avoidance of collection fees, court costs, attorney fees, and 15% interest. In addition to any other remedy sought by the Association to recover past due assessments, the Association may restrict use of the common areas by cancellation of FOBs or other available means. In extreme cases, the Association may seek a
by the Association to recover past due assessments, the Association may restrict use of the common areas by cancellation of FOBs or other available means. In extreme cases, the Association may seek a trespass order to legally prohibit a non-paying member from entering the common areas under penalty of arrest and prosecution.
6.06 Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid shall, together with interest and the cost of collection, including attorneys' fees as herein provided, may be secured by a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall attach to all Lots upon the recording of this Restated Declaration and shall be superior to all other liens and charges against the said Lot, except only for tax liens and all sums unpaid on a Mortgage lien of record, securing in either instance sums borrowed for the improvement of the Lot in question. The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien. Such power shall be entirely discretionary with the Board and such subordination must be signed by a duly authorized officer of the Association. To evidence the aforesaid Assessment lien, the Association may, but is not required to, prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice shall be signed by one of the officers of the Association and shall be recorded in the real property records
name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice shall be signed by one of the officers of the Association and shall be recorded in the real property records of Bandera County, Texas. Each Owner, by accepting a deed or ownership interest to a Lot subject to this Restated Declaration will be deemed conclusively to have granted a power of sale to the Association to secure and enforce the Assessment lien granted hereunder. Such lien for payment of Assessments shall attach with the priority above set forth above and may be enforced by the foreclosure on the defaulting Owner's Lot by the Association in like manner as a mortgage on real property subsequent to the recording of a notice of Assessment lien as provided above. The Assessment liens and rights to foreclosure thereof will be in addition to and not in substitution of any other rights and remedies the Association may have by law and under this Restated Declaration, including the rights of the Association to institute suit against such Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially.
In any foreclosure proceeding, whether judicial or non-judicial, such Owner will be required to pay the costs, expenses and reasonable attorney's fees incurred by the Association. The Association will have the power to bid (in cash or by credit against the amount secured by the lien) on the Lot at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Upon the written request of any Mortgagee or by its own decision, the Association may report to said Mortgagee of a delinquent Lot Owner any unpaid Assessments remaining unpaid for longer than thirty (30) days after the same are due.
ortgagee or by its own decision, the Association may report to said Mortgagee of a delinquent Lot Owner any unpaid Assessments remaining unpaid for longer than thirty (30) days after the same are due.
6.07 Sale or Transfer of Lot by Delinquent Lot Owner. Except as otherwise provided by applicable law, the sale or transfer of a Lot will not relieve the Owner of such Lot or such Owner’s transferee from liability for any Assessments thereafter becoming due or from the lien associated therewith. If an Owner conveys his or her Lot and on the date of such conveyance Assessments against the Lot remain unpaid, or said Owner owes other sums or fees AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 19 of 24 DOC nop4s5s%4 VOL iPil PG under this Restated Declaration to the Association, the Owner will pay such amounts to the Association out of the sales proceeds of the Lot, and such sums will be paid in preference to any other charges against the Lot other than a first lien Mortgage or Assessment Liens and charges in favor of the State of Texas or a political subdivision thereof for taxes on the Lot which are due and unpaid. The Owner conveying such Lot will remain personally liable for all such sums until the same are fully paid, regardless of whether the transferee of the Lot also assumes the obligation to pay such amounts. The Board may adopt an administrative transfer fee to cover the administrative expenses associated with updating the Association’s records upon the transfer of a Lot to a third party.
6.08 Exempt Property. The following areas within the Property will be exempt from the Assessments provided for in this Article: (A) All areas dedicated and accepted by public authority, by the
party.
6.08 Exempt Property. The following areas within the Property will be exempt from the Assessments provided for in this Article: (A) All areas dedicated and accepted by public authority, by the recordation of an appropriate document in the Official Public Records of Bandera County, Texas; and (B) All Common Areas.
ARTICLE VII MISCELLANEOUS 7.01 Term. This Restated Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until December 31, 2040, unless amended as herein provided. After December 31, 2040, this Restated Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless extinguished by a written instrument executed by the Owners of at least fifty-one percent (51%) of the Lots within the Property then subject to this Restated Declaration.
7.02 Amendment. This Restated Declaration may be amended by the recording in the Official Public Records of Bandera County, Texas, an instrument executed and acknowledged by the President and Secretary of the Association, setting forth the amendment and certifying that such amendment has been approved by Owners entitled to cast at least fifty-one percent (51%) of the number of votes entitled to be cast under this Restated Declaration.
7.03 Notices. Any notice permitted or required to be given by this Restated Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States Mail, postage prepaid,
by mail, it shall be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States Mail, postage prepaid, addressed to the person at the address given by such person to the Association for the purpose of service of notices or, if no address has been given to the Association, to the address of the Owner on file with the Bandera County Central Appraisal District. Such address may be changed from time to time by notice in writing given by such person to the Association.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 20 of 24 te “t oF DOC nn242554 VOL i211 FG 7.04 Interpretation. The provisions of this Restated Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the Property and of promoting and effectuating the fundamental concepts of the Property set forth in this Restated Declaration. This Restated Declaration shall be construed and governed under the laws of the State of Texas.
7.05 Compliance with Provisions of the Governing Documents. Each Owner shall comply strictly with the provisions of the Governing Documents as the same may be amended from time to time. Failure to comply with any of the Governing Documents shall constitute a violation of this Restated Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Board on behalf of the Association or by an aggrieved Owner.
7.06 Enforcement and Non-waiver.
(A) Right of Enforcement. Except as otherwise provided herein, any Owner at his or
th, maintainable by the Board on behalf of the Association or by an aggrieved Owner.
7.06 Enforcement and Non-waiver.
(A) Right of Enforcement. Except as otherwise provided herein, any Owner at his or her own expense and/or the Board shall have the right to enforce all of the provisions of the Governing Documents. Such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such provision.
(B) Non-waiver. The failure to enforce any provision of the Governing Documents at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said restrictions.
7.07 Construction.
(A) Restrictions Severable. The provisions of the Governing Documents shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof.
(B) Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter.
(C) Captions. All caption and titles used in this Restated Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sections or articles hereof.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS For LAKEWOOD ESTATES AND LAKEWOOD PARK Page 21 of 24 DOC 002425354 VOL 2211 FG CERTIFICATION OF THE ASSOCIATION’S PRESIDENT AND SECRETARY
RATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS For LAKEWOOD ESTATES AND LAKEWOOD PARK Page 21 of 24 DOC 002425354 VOL 2211 FG CERTIFICATION OF THE ASSOCIATION’S PRESIDENT AND SECRETARY The undersigned President and Secretary of Lakewood Owners Association, Inc. (the “Association”) hereby certify that this Amended and Restated Declaration of Restrictions Covenants, Conditions and Reservations for Lakewood Estates and Lakewood Park (the “Amendment”) was approved by Owners representing at least fifty-one percent (51%) of the total votes allocated to members of the Association pursuant to Section 209.0041 (h-1) of the Texas Property Code and hereby ratify, confirm and approve the terms and provisions of the foregoing Amendment.
LAKEWOOD OWNERS ASSOCIATION, INC.
ALCL eannette Garcia, President etter Darlene Logan, Secretary STATE OF TEXAS § § COUNTY OF BANDERA _— § 2021 by Traune tte Gave Q , President of Lakewood Owners Association, Inc and Darlene Lees an , Secretary of Lakewood Owners Association, Inc.
(SEAL) oii, CASEY L. BRAKEBILL Notary Public of Texas "A:6% Notary Public, State of Texas A ‘Y US sects. sida Date Commission Expires: 27] Felo 2024 AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 22 of 24 BOC NO24o5354 ¥OL i2ii Pia EXHIBIT A Pr Descripti Lakewood Estates Subdivision, a subdivision in Bandera County, Texas, as shown on the map or plat recorded at Volume 6, Pages 93-96, Plat Records of Bandera County, Texas, as amended by the plat recorded at Volume 6, Pages 108-111, Deed and Plat Records of Bandera County, Texas;
on the map or plat recorded at Volume 6, Pages 93-96, Plat Records of Bandera County, Texas, as amended by the plat recorded at Volume 6, Pages 108-111, Deed and Plat Records of Bandera County, Texas; Lakewood Estates Unit II Subdivision, a subdivision in Bandera County, Texas, as shown on the map or plat recorded at Volume 6, Pages 183-185, Plat Records of Bandera County, Texas; Lakewood Estates Unit III Subdivision, a subdivision in Bandera County, Texas, as shown on the map or plat recorded at Volume 6, Pages 222-224, Plat Records of Bandera County, Texas; Lakewood Estates Unit IV Subdivision, a subdivision in Bandera County, Texas, as shown on the map or plat recorded at Volume 6, Pages 229-230, Plat Records of Bandera County, Texas; Lakewood Estates Unit V Subdivision, a subdivision in Bandera County, Texas, as shown on the map or plat recorded at Volume 6, Pages 232-234, Plat Records of Bandera County, Texas; Lakewood Estates Unit VI Subdivision, a subdivision in Bandera County, Texas, as shown on the map or plat recorded at Volume 6, Page 254, Plat Records of Bandera County, Texas; Lakewood Park Unit I Subdivision, a subdivision in Bandera County, Texas, as shown on the map or plat recorded at Volume 6, Page 92, Plat Records of Bandera County, Texas.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS For LAKEWOOD ESTATES AND LAKEWOOD PARK Page 23 of 24 DOC 002425354 VOL i2di PG EXHIBIT B This document consolidates, amends and restates those certain Restrictions, Covenants, Conditions and Reservations of Lakewood Estates Unit I, Bandera, Texas, recorded at Volume 260, Pages 885-889, Real Property Records of Bandera County, Texas, as amended by that certain Amen laration_of Restrictions, Covenants, Conditions, and
ates Unit I, Bandera, Texas, recorded at Volume 260, Pages 885-889, Real Property Records of Bandera County, Texas, as amended by that certain Amen laration_of Restrictions, Covenants, Conditions, and Reservations of Lakewood Estates, recorded at Volume 293, Pages 732-733, Real Property Records of Bandera County, Texas; Restrictions, Covenants, Conditions and Reservations of Lakewood Estates Unit II, Bandera, Texas, recorded at Volume 308, Pages 416-419, Real Property Records of Bandera County, Texas; Restrictions, Covenants, Conditions and_ Reservations of Lakewood Estates Unit III, Bandera, Texas, recorded at Volume 396, Pages 141-145, Real Property Records of Bandera County, Texas, as amended by that certain Amended Declaration of Restrictions, Covenants, ndition nd_Res ions of Lakewood Estate nit III, recorded at Volume 412, Pages 434-435, Real Property Records of Bandera County, Texas; Restrictions, Covenants, Conditions and Reservations of Lakewood Estates Unit IV, Bandera, Texas, recorded at Volume 406, Pages 709-712, Real Property Records of Bandera County, Texas; Restriction ovenants, Conditions an e ions of Lakewood Estates Unit V. Bandera, Texas, recorded at Volume 416, Pages 44-47, Real Property Records of Bandera County, Texas; Restrictions, Covenants, Conditions and Reservations of Lakewood Estates Unit VI, Bandera, Texas; and Restrictions, Covenants onditions_and Res tions of Lak Park Unit I, Bandera, Texas, recorded at Volume 260, Pages 880-884, Real Property Records of Bandera County, Texas.
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ID oe sso A AQanme ow 2S zz S S =] me op ft od ps fad iS 33 2b STSarga 4 t. — ot : = "3 — see oe snes atevaguate st ma, = Seo per ok Smee UM yp ed iw or 1 is ee . Oo aw —. moe os 5 & tp nooo i eS A = 2 4 = pa Oo bas oa mW wp Dea meu x 5 beat 5 WALES SC. m fd ~ .. Ser DD pe me Fy] mo om fag ye] lene'o;" re in wo mee RE ee Mog er eo ip Ser oe wd a oy = uso SS Ginae e yp S 2 or fy me wooagte fet po De an] Dom sey. pes} 1 ee = a IB oe er oo Ie feo 3 o~ “3 St sro ey ims “1 or py Bom 8 oy sh mo J] i ies a Joy Ge te ma S sa ce) i [ena] Lead wt ns a 2 or oe] ret eg cy os, mn ui ome one] pau } an oo ba] "2. a cad AMENDED AND RESTATED DECLARATION OF RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS FoR LAKEWOOD ESTATES AND LAKEWOOD PARK Page 24 of 24 dG} PET GnSy