33 Deed Restrictions AMENDED & RESTATED DEED RESTRICTIONS MAPLEWOOD WEST THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § WHEREAS, restrictions, covenants and conditions for Maplewood West, that certain subdivision in Har ris County, Texas, according to the Re-plat thereof fil ed for record in Volume 157, Page 79 of the Map Records of Harris County, Texas, save and except Reserve “A” a nd Reserve “B”, which two tracts are designated as unrestricted, were filed for record on February 14, 1968, under Clerk’s File No. C657690 and recorded in Volu me 7087, Page 410, et seq.; and WHEREAS, the owners of the lots of Maplewood West have previously amended the Deed Restrictions, and filed same under Harris County Clerk’s File No. C78 2853, recorded in Vol. 7350 at page 93 et seq. and under Clerk’s File No. J161637, Film Code 060-84-0594 et seq. of the Deed Records of Harris County, Texas; and WHEREAS, it is the desire of the owners of at least two-thirds (2/3) of the lots within Maplewood West to amend and restate certain restrictions, covenant s, conditions, stipulations and reservations upon and against such property in order to establish a uniform plan for the development, improvements and sale of such property , and to insure the preservation of such uniform plan for the benefit of both the present and future owners of lo ts in said subdivision: NOW THEREFORE, the aforementioned owners of at least two-thirds (2/3) of the lots within Map lewood West hereby adopt, establish and impose upon Maplew ood West, and declare the following reservations, easem ents, restrictions, covenants and conditions applicable t hereto, all of which are for the purpose of enhancing and prote cting the value, desirability and attractiveness of the l and, which
ns, easem ents, restrictions, covenants and conditions applicable t hereto, all of which are for the purpose of enhancing and prote cting the value, desirability and attractiveness of the l and, which reservations, easements, covenants, restrictions an d conditions shall run with the land and shall be bin ding upon all parties having or acquiring any right, title or interest therein, or any part thereof, and shall inure to th e benefit of each owner thereof.
NOW, THEREFORE, the following Restated Deed Restrictions shall apply to all Lots, owners thereo f and occupants of improvements thereon: 1. Lots for Single Family Dwellings: All lots in Maplewood West shall be used for single family resi dential dwelling purposes only and as such shall be restric ted to housing only one family, which shall be defined as a male and/or a female adult and their own or legally adop ted children and the parents of said adults where hards hip or necessity warrants, and no structure shall be alter ed, placed, erected or permitted to remain on any lot e xcept one family dwelling residence which shall not excee d two stories in height, together with an enclosed privat e garage which will contain no more than three (3) car space s and which shall not exceed the height of the residence in stories and overall height, and which may contain living qu arters for bona fide servants to said single family dwelling r esidence only. No residential structure shall be erected, p laced or permitted on any residential lot which has a width of less than seventy (70) feet at the building line; howeve r, nothing herein shall be constructed to restrict against con structing a residence on more than one lot.
2. Architectural Control Committee: No
than seventy (70) feet at the building line; howeve r, nothing herein shall be constructed to restrict against con structing a residence on more than one lot.
2. Architectural Control Committee: No building or improvement shall be erected, placed, m odified or maintained on any lot in Maplewood West until th e building plans, specifications and plot plan shall have been submitted to and approved in writing by the Archite ctural Control Committee or by a representative designated by said Committee. The Architectural Control Committe e shall have the right to designate one of its member s to act for and on behalf of the Committee.
In the event of the death or resignation of any member of such Committee, the board of Trustees sha ll have the right to select a successor to fill any su ch vacancy.
In the event the Architectural Control Committee, or its designated representative, shall fail to giv e notice of 34 disapproval of any plans, specifications or plot pl ans submitted to it within thirty (30) days after date written submission is received by the Committee, such failu re to give notice of disapproval shall be deemed to const itute approval of such matters by the Committee and no fu rther action or evidence of approval will be required.
The members of the Architectural Control Committee shall not be entitled to receive any compensation for the performance of their duties as members of such Committee. This Committee shall co nsist of the members of the Board of Trustees in charge o f Deed Restrictions, Beautification and one or more other Board members as determined by the Board of Trustees from time to time. Additionally, the Board of Trustees may hire any professionals deemed necessary by the Board of Trustees to assist the Architectural Control Commit tee in
by the Board of Trustees from time to time. Additionally, the Board of Trustees may hire any professionals deemed necessary by the Board of Trustees to assist the Architectural Control Commit tee in carrying out its duties. The Board of Trustees sha ll have final approval over recommendations of the Architec tural Control Committee; however said Committee shall act under authority of the Board. The Architectural Co ntrol Committee shall be reasonable in its decisions with a view toward protecting the addition, maintaining a first class addition and permitting quality upgrading by proper ty owners.
3. Square Footage Requirement: Any onestory residence constructed on any lot in Maplewood West, shall contain not less than 2,200 square feet of living area (defined as being exclusive of garages, porche s, breezeways and patios). Any two-story residence constructed on any lot in Maplewood West shall cont ain not less than 2,300 square feet of living area, how ever square footage of the second floor shall not exceed fortyfive percent (45%) of the total square footage of t he living area.
4. Setbacks: No building shall be located on any lot nearer to the front lines or nearer to the side street line than the minimum building setback lines as shown on the amended plat for Maplewood West. No building shall be located nearer than five feet to the interior line of any adjoining lot except that a garage may be located w ithin three feet of an interior lot line. For the purpos e of this covenant, eaves, steps and open porches shall not b e considered as a part of a building provided; howeve r, this shall not be construed to permit any portion of the building to encroach upon any other lot. 5. Use Restrictions: 5(a) Residential Use Only: Only one residence
of a building provided; howeve r, this shall not be construed to permit any portion of the building to encroach upon any other lot. 5. Use Restrictions: 5(a) Residential Use Only: Only one residence shall be constructed on each lot and all residences shall face dedicated streets, except with written approval of the Architectural Control Committee prior to constructi on of said residence. Residences shall not be used to co nduct any business visible from the street or to conduct any manufacturing, vehicle repair for others, or any ot her business that invites the public or customers to th e residence to conduct business or that permits or re quires other than household family members to regularly en ter the property (e.g. employees or customers) or that requ ires the storage of any supplies, property or material i n or around the real estate which is visible from adjace nt property, or that creates a public or private nuisa nce.
5(b) Recreational Vehicles: No more than an accumulative total of two (2) recreational vehicles , trailers or boats (as determined by the Board of Trustees) s hall be parked on residence lots or the streets in front or on the side of such residence lots for more than an accumu lative total of forty-eight (48) hours per calendar month that are visible by neighbors or from the street. Recreatio nal vehicles and boats otherwise prohibited and referre d to herein are excluded from this restriction if parked behind the front building line either in the garage or on the driveway to the garage and which are not greater in height than seven and one–half feet (7 1/2') and do not ha ve an open bed or a width greater than eight feet (8'). All trailers, except those carrying a boat, must be stored entire ly in the
ater in height than seven and one–half feet (7 1/2') and do not ha ve an open bed or a width greater than eight feet (8'). All trailers, except those carrying a boat, must be stored entire ly in the garage. If a boat is properly situated on a traile r designed for it and both are in good repair, then they shall count as one (1) vehicle. Only one boat and only one recrea tional motor home will be allowed per lot. In the event o f a corner lot, homeowner may (with prior written Architectural Control Committee approval) park one approved recreational vehicle behind the garage and said vehicle must be hidden from view by a wooden fence not exceeding eight feet (8’) in height. Approval can be rescinded by the Architectural Control Committee if the movement of said vehicle detracts from or damages t he appearance of the property.
5(c) Prohibited Vehicles: No vehicles displaying advertising, commercial vehicles, trucks with more than four tires and trucks heavier than three–fourths (3 /4) ton pickups, shall be parked on residence lots or the s treet in 35 front or on the side of such residence lots for mor e than an accumulative total of forty-eight (48) hours per ca lendar month that are visible by neighbors or from the str eet.
Automobiles and trucks not prohibited shall not be kept in front of the front building line or in the street i n front or on the side of any lot unless such vehicle is in day-t o-day use off the premises and parking is only temporary from day-today not to exceed twenty-four hours in duration. T his clause shall not be construed to prevent overnight parking.
5(d) Storage of Automobiles: Automobiles are specifically prohibited from being stored in any lo t or portion of the lot. “Junked Vehicles” shall be def ined as any
ued to prevent overnight parking.
5(d) Storage of Automobiles: Automobiles are specifically prohibited from being stored in any lo t or portion of the lot. “Junked Vehicles” shall be def ined as any automobile that is mechanically unable to propel it self due to a material state of disrepair, and/or does not h ave a current Texas vehicle inspection sticker, and/or ha s substantial body damage, such as, but not limited t o, dents, rust or broken glass. Junked vehicles are specific ally prohibited from being stored on any lot or portion of the lot. The Board of Trustees of the Association shal l in its sole and exclusive discretion, have the power to de termine if an automobile meets the above definition of a “j unked vehicle”.
5(e) Prohibition of Offensive Activities and Upkeep: No activity, whether for profit or not, sha ll be conducted on any lot which is not related to single family residential purposes. No noxious or offensive acti vity of any sort shall be permitted nor shall anything be d one on any lot which may be or become an annoyance or a nuisance to the neighborhood. The Architectural Co ntrol Committee has the right to determine which activiti es are considered annoying, noxious or a nuisance. Homeow ners affected by decisions of the Architectural Control Committee may within ten days of receiving written notice of said decision petition the Board of Trustees to hear their complaint at the next regular scheduled meeting of the Board of Trustees. Said petition shall be in writi ng and served on the President of the Association. The ag grieved homeowner, together with any person(s) requested by the aggrieved homeowners, may attend that portion of th e Board meeting dealing with said homeowner’s complai nt.
the Association. The ag grieved homeowner, together with any person(s) requested by the aggrieved homeowners, may attend that portion of th e Board meeting dealing with said homeowner’s complai nt.
All homes and improvements shall be maintained in a satisfactory condition as determined by the Board o f Trustees. If a homeowner fails or refuses to prope rly maintain their property, the Board of Trustees may apply to the appropriate District Court in Harris County, Te xas, for injunctive relief either to order the homeowner to do the maintenance, or to permit the Maplewood West Civic Association to do the maintenance and have a judgme nt for the cost of such maintenance, with interest thereon , plus reasonable attorneys’ fees, as provided for by law and to place a lien against the property for such costs.
5(f) Garage Sales: A garage sale, yard sale or any other form of sale of articles from a reside nce may occur not more frequently than at six months interv als for each lot and each such garage sale may not exceed t wo consecutive calendar days.
5(g) Mineral Operations: No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall any wells, tanks, tunnels, mineral excava tion or shafts be permitted upon or in any lot. No derrick or other structures designed for the use in boring for oil o r natural gas shall be erected, maintained or permitted upon any lot.
5(h) Air Conditioners: No window, or wall type, air conditioners shall be permitted to b e used, erected, placed or maintained in or on any building in any part of the Properties which is visible from any st reet adjacent to the lot.
6. Easements: There are hereby dedicated and
ed to b e used, erected, placed or maintained in or on any building in any part of the Properties which is visible from any st reet adjacent to the lot.
6. Easements: There are hereby dedicated and reserved, permanent and unobstructed easements as s hown on the recorded amended plat to Maplewood West, whi ch said easements shall be a burden and charge against the lots of Maplewood West, by whomsoever owned. There is a lso dedicated for utilities an unobstructed aerial ease ment five (5) feet wide from a plane twenty (20) feet above t he ground upward, located adjacent to all easements he rein described and shown on said amended plat.
7. Prohibitions: 7(a) No Trailers or Temporary Buildings: No house trailer shall be placed on any residential lo t, and no basement, tent, shack, garage, barn or other outbui lding erected on any residential lot shall be used at any time as a residence, temporarily or permanently, nor shall an y structure of a temporary character be used as a res idence or office at any time. No tool houses, lean-tos, o utbuildings or temporary buildings, that are visible from the s treet or adjacent lot and as such must be maintained in good repair, shall be permitted.
36 7(b) Prohibited Structures: Notwithstanding 7(a) above, no fiberglass, tin, aluminum or metal struct ure, building and/or carport may be erected and/or attac hed to the main residence or garage that would be visible from the street. This restriction does not include steel or aluminum garage doors, shutters, gutters, aluminum facia tri m or burglar bars.
8. Signs: No sign of any kind shall be displayed to the public view on any lot except one sign of not m ore than five (5) square feet advertising the property for s ale or rent,
i m or burglar bars.
8. Signs: No sign of any kind shall be displayed to the public view on any lot except one sign of not m ore than five (5) square feet advertising the property for s ale or rent, or signs used by the Civic Association and authoriz ed by the Board of Trustees.
9. Animal Husbandry: No animal, livestock or poultry of any kind shall be raised, bred or kept o n any lot except dogs, cats or other common household pets ma y be kept provided that they are not kept, bred or maint ained for commercial purposes. No homeowner shall mainta in or keep a number of pets prohibited by City Ordinance. Every dog, cat or other household pet shall at all times, except when they are confined within the lot, be restraine d by a leash, rope or other similar restraint.
10. Maintenance 10(a) Maintenance of Lots: Grass, vegetation and weeds on each lot shall be cut, trimmed, edged and/ or watered as often as may be necessary to maintain th e same in a neat and attractive manner. If the owner of t he lot fails to do so, the Architectural Control Committee may h ave the same cut, trimmed, edged and/or watered, and th e owner thereof shall be obliged to pay the cost of s uch maintenance within thirty (30) days, the payment of which is secured by the lien which secures the annual assess ments as herein provided. Dead or noticeably unhealthy plan ts or portions thereof shall be properly removed and disp osed of thirty (30) days after written notice by the Board, at owner’s expense. Entrance to the property in order to perform said maintenance by authorized contractor o r representative of Architectural Control Committee s hall not be deemed to constitute trespassing.
In the event of a partial loss or damage and
to perform said maintenance by authorized contractor o r representative of Architectural Control Committee s hall not be deemed to constitute trespassing.
In the event of a partial loss or damage and destruction resulting in less than total destructio n of a residence, the individual Owner shall proceed promp tly to repair or to reconstruct the damaged structure in a manner consistent with the original construction. In the event that the structure is totally destroyed and the individu al Owner determines not to rebuild or to reconstruct, the in dividual Owner shall clear the lot of all debris (including the slab and related plumbing, except one (1) working water fauc et) and return it to substantially the natural state in whi ch it existed prior to the beginning of construction. Said lot s hall be regularly cut and maintained in a neat and attracti ve manner.
10(b) Maintenance of Driveways and Sidewalks: Driveways shall be maintained in a neat and attract ive manner, which shall include, but not be limited to, the prevention and removal of oils, grease, paint and/o r the growth of vegetation. All sidewalks shall be kept free and clear of encroaching vegetation up to a clearance o f 6'6".
Homeowners shall have sixty (60) days to repair any cracks, uplifts or broken sections of sidewalk and/or drive way that the Architectural Control Committee, in its sole an d absolute discretion, deems to be a potential hazard to pedestrians or children or which create an eyesore.
11. Sight Lines: No fence, wall, hedge, tree or shrub planting of any kind which obstructs sight li nes and elevations between two and six feet above the roadw ays shall be placed or permitted to remain on any corne r lot within the triangular area formed by the street pro perty
h obstructs sight li nes and elevations between two and six feet above the roadw ays shall be placed or permitted to remain on any corne r lot within the triangular area formed by the street pro perty lines and a line connecting them at points twenty-f ive (25) feet from the intersection of the street lines, or in the case of a rounded property corner from the same intersec tion of a street property line extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of the street property line with t he edge of a driveway or side line of such lot. No tree shall be permitted to remain within such distances of such intersections, unless the foliage line is maintaine d at sufficient height to prevent obstruction of such li nes, and provided further that no fence, wall, hedge, tree, shrub or planting of any kind shall be allowed to or shall e xtend past the boundary of the rear utility easement of each l ot and if any lot shall have no rear utility easement, then a nd in that event this restriction shall be deemed to apply to the boundary of any drainage easement or drainage cours e shown upon the amended plat.
12. Exterior Characteristics: 12(a) Exterior Finish: The exterior finish of the main dwelling, including any apparent attachment or rebuilding, erected on any lot in Maplewood West sh all be 37 not less than eighty percent (80%) masonry which do es not include unpainted concrete block or common clay til e. Said eighty percent (80%) requirement shall refer to the total outside wall of the lower floor less the square foo tage contained in windows and doors therein. The exteri or of the home and garage, including but not limited to b rick, mortar, boards, siding, shutters, gutters, downspou ts,
oor less the square foo tage contained in windows and doors therein. The exteri or of the home and garage, including but not limited to b rick, mortar, boards, siding, shutters, gutters, downspou ts, fixtures, doors, roof, mailboxes and paint, shall b e properly maintained and in neat appearance.
12(b) Exterior Color: In the event that ten different homeowners from ten different homes withi n Maplewood West Subdivision each complain in writing to the Architectural Control Committee that a color combination placed on a home within same subdivisio n (after the filing date of these Amendments) is offe nsive and unsightly, and Architectural Control Committee by m ajority vote agrees, then said homeowner will have 30 days to alter said color combination so that it is no longer offe nsive and unsightly. It not being the intent of the Architec tural Control Committee to approve or disapprove of all p aint colors but rather to protect against that which wou ld detract from the appearance of the neighborhood or negatively impact materially the value of the homes situated therein.
12(c) Siding: No asbestos siding or similar materi al may be used to cover the portion of the main dwelli ng, garage or servants’ house, not of masonry construct ion, except with the expressed written approval of the Architectural Control Committee.
12(d) Roofing: The following minimum roof standard is established for all improvements on lot s in Maplewood West Subdivision: composition laminated shingles weighing not less than 280 pounds per 100 square feet of installed material, having not less than a twenty (20) year limited warranty, being of a multi-dimensional wood shingle look (and not a single phase or tab look).
Replacement roofs may be the same or substantially similar
ving not less than a twenty (20) year limited warranty, being of a multi-dimensional wood shingle look (and not a single phase or tab look).
Replacement roofs may be the same or substantially similar color as the existing roof being replaced, or black or dark earthen tone. Any other type roof or color must be approved by the Architectural Control Committee in their sole discretion. Approval as per Section 2 must be obtained from the Architectural Control Committee p rior to the partial or complete replacement of a roof (i ncluding shingles).
12(e) Fences: After the filing date of these Amendments, new or replacement fences must be of so lid wood construction, utilizing conventional fencing m aterial and once erected, must be maintained in a good stat e of repair. Fences may not be painted except with the prior written approval of the Architectural Control Commi ttee.
No fence will be permitted between the street and f ront building line and/or side building line (if residen ce is on a corner lot). No wire or hurricane fences shall be erected unless within the confines of a wooden fenced in ba ckyard and not visible from the street. The Architectural Control Committee, in its sole discretion, may permit the construction of masonry walls or decorative wrought iron fences, or a combination of the same, in the same l ocations as wooden fences are permitted. Approval as outlin ed in Section 2 of these Amended and Restated Deed Restrictions must be obtained from the Architectura l Control Committee prior to the partial or complete replacement of a fence.
12(g) Authority of Board to Install Lighting: The Board of Trustees shall have the authority to insta ll and maintain security lighting, using Association funds , as it may
12(g) Authority of Board to Install Lighting: The Board of Trustees shall have the authority to insta ll and maintain security lighting, using Association funds , as it may deem reasonably necessary for the safety and well-b eing of the subdivision.
13. Height Control of Objects: Unless otherwise permitted by the Architectural Control Committee, no fence, wall or hedge exceeding eighte en (18) inches in height above street level shall be m aintained on any lot closer to the street than is permitted f or the house on said lot, nor shall any fence, non-house s upport wall or hedge exceed eight (8) feet in height, from ground level on remaining portion of lot. A homeowner’s f ence may be no less than 6' high and no more than eight (8) feet high. The fence must be level and the same approxi mate height all the way around, except between back of h ouse and front of garage along the breezeway, where heig ht may be as low as 4’. Unsightly objects that exceed the height of the fence line or which are visible from the street such as solar panels or radio or dish antennas are prohibit ed but one basketball goal and backboard per lot is not pr ohibited.
Said basketball backboard, goal, and/or pole must b e at least 15’ behind the front building set back line for the lot and on a corner lot the said goal and/or pole must also be on or behind the minimum set back line for the side of th e residence. Any tree, shrub or other planting which encroaches upon adjoining property or upon any ease ment 38 shall be trimmed or removed upon request of such adjoining property owner.
14. Garage: 14(a) Setback for Garage: If a garage, servants’ house or other outbuilding is made an integral part of the
38 shall be trimmed or removed upon request of such adjoining property owner.
14. Garage: 14(a) Setback for Garage: If a garage, servants’ house or other outbuilding is made an integral part of the residence, or is connected thereto, the setback dis tance from front and side lines of the lot will then be t he same as those stipulated for the residence itself. However , such garage or addition may not extend in front of the s etback line of the residence itself. Each residence in Ma plewood West must have a two car garage devoted to the park ing of vehicles unless an alternate use or structure is ap proved in advance in writing by the Architectural Control Com mittee.
14(b) Requirement to Construct Garage: 15. Construction: 15(a) Construction Standards: No residence shall be constructed and completed, except lots with grea ter than twenty-five (25) feet front setback lines, unl ess contemporaneously therewith there is built across t he entire front width of the lot a sidewalk four (4) f eet in width located two (2) feet outside the property lin e, said sidewalk to be constructed of 2,500 pound per squar e inch compression strength concrete four (4) inches thick , the edge of the sidewalk nearer the street curb to be o ne and one-half (1 1/2) inches higher than the street curb (corner lots shall in a like manner be provided with a side walk across the entire side line thereof, adjacent to su ch street).
15(b) Slab Repairs: Any slab or foundation work and/or repairs must be approved by the City (eviden ced by appropriate permit) and must, as a minimum, meet bo th City and FHA requirements as determined on the date of construction. Piers should be set no less than twe lve (12) feet below existing slab and grade beam to a stable white,
s a minimum, meet bo th City and FHA requirements as determined on the date of construction. Piers should be set no less than twe lve (12) feet below existing slab and grade beam to a stable white, red or yellow clay, and have two blocks per pier. Concrete used in slab repair must have compression strength of not less than 3,000 p.s.i. A twenty-four (24) inch bel l-bottom pier with one-half (1/2) inch steel reinforcing rod s throughout is preferred. The Architectural Control Committee shall be notified prior to contracting fo r slab repair and Committee members may view the excavatio ns prior to the pouring of any concrete. 16. Assessment: 16(a) Annual Assessment (i) Annual General Assessment: All lots in Maplewood West shall be and same are hereby subjected to an annual general assessment as annually fixed by the Board of Trustees of not more than one hundred fifty dollars (“Ceiling Rate”) provided that the Ceiling Rate may be adjusted from time to time by the Board of Trustees to the extent the Consumer Price Index for all Urban consumers (Houston area 1967 = 100) (“CPI–U”) for the calendar year of 1985 is increased in any subsequent year. The percentage of such increase shall be used to adjust the Ceiling Rate. The Board of Trustees may adjust the Ceiling Rate as provided in any year that a change occurs should they determine a need for such increase. In the event the Board of Trustees does not implement a change in any one year, then they may implement the full percentage of change from the date of last increase to the new rate in any subsequent year.
(ii) Annual Security Assessment: All lots in Maplewood West shall be and same are hereby subjected to an annual security assessment as annually fixed by the Board of Trustees of not more than one
ar.
(ii) Annual Security Assessment: All lots in Maplewood West shall be and same are hereby subjected to an annual security assessment as annually fixed by the Board of Trustees of not more than one hundred fifty dollars (“Ceiling Rate”) provided that the Ceiling Rate may be adjusted from time to time by the Board of Trustees to the extent the Consumer Price Index for all Urban consumers (Houston area 1967 = 100) (“CPI–U”) for the calendar year of 1985 is increased in any subsequent year. The percentage of such increase shall be used to adjust the Ceiling Rate. The Board of Trustees may adjust the Ceiling Rate as provided in any year that a change occurs should they determine a need for such increase. In the event the Board of Trustees does not implement a change in any one year, then 39 they may implement the full percentage of change from the date of last increase to the new rate in any subsequent year.
16(b) Effect of Non-Payment of Assessments/Liens: Any assessment not paid within thirty (30) days aft er the due date shall bear interest from the due date at t he greater of ten percent (10%) or eighty percent (80% ) of the highest rate or interest permitted by the laws of t he State of Texas to be charged. No Owner may waive or otherwise escape liability for the assessment provi ded herein by abandonment of his lot. Any costs incurr ed by the Association in the pursuit of collection of del inquent accounts remain the personal liability of the owner in possession of the property at the time the assessme nt fell due.
16(c) Lien to Secure Assessments: To secure the payment of the maintenance fee and all annual asses sments established hereby and to be levied on individual r esidential Lots or Residences, there is hereby reserved in eac h Deed
nts: To secure the payment of the maintenance fee and all annual asses sments established hereby and to be levied on individual r esidential Lots or Residences, there is hereby reserved in eac h Deed (whether specifically stated therein or not) by whi ch the Declarant shall convey such Lots, a Lien for the be nefit of the Association, said Lien to be enforceable throug h appropriate proceedings at law by such beneficiary.
16(d) Subordination of the Lien to Mortgages: The lien created to secure the payment of the maintenan ce fee and all annual assessments shall be secondary, subo rdinate and inferior to all liens, present and future given , granted and created by or at the instance and request of th e Owner of any such lot to secure the payment of monies adv anced or to be advanced on account of the purchase price and/or the construction improvements on any such lot to th e extent of any such maintenance fee charge or annual or special assessment accrued and unpaid prior to the foreclosure of any such purchase money lien or construction lien; and further provided that as a c ondition precedent to any proceeding by the Association to e nforce such lien upon any lot upon which there is an outst anding valid and subsisting first mortgage lien, for the a foresaid purpose or purposes, the Association shall give the holder of such first mortgage lien sixty (60) days written notice of such proposed action, which notice shall be sent to the nearest office of such first mortgage holder by pre paid U.S.
Certified Mail, and shall contain a statement of th e delinquent maintenance charges or annual assessment or special assessments (approved by 3/5 of the homeown ers) upon which the proposed action is based. Upon the request of any such first mortgage lienholder, the
ntenance charges or annual assessment or special assessments (approved by 3/5 of the homeown ers) upon which the proposed action is based. Upon the request of any such first mortgage lienholder, the Association shall acknowledge in writing its obliga tions to give the foregoing notice with respect to the parti cular lot covered by such first mortgage lien to the holder t hereof.
17. Non-Impairment of Mortgagee: Any violation of any of the covenants, agreements, rese rvations, easements, or restrictions contained herein shall n ot have the effect of impairing or affecting the rights of any mortgagee, trustee, or guarantor under any mortgage or Deed of Trust, or the assignees of any mortgage, tr ustee or guarantor under any such mortgage or Deed of Trust.
18. Duration of Deed Restrictions: The covenants and restrictions herein provided shall ru n with the land and shall be binding upon all owners of lo ts in Maplewood West, and upon all persons claiming under them for a period of twenty-five (25) years from th e date of recording of this instrument after which period the said covenants and restrictions shall be automatically e xtended for successive periods of ten (10) years each, unle ss by vote of three-fifths (3/5) majority of the then record o wners of lots in Maplewood West, on the basis of one vote to each lot owned, it should be determined to alter, rescin d or modify the same in whole or in part. Any decision concerning alteration, recision or modification of these covenants or restrictions shall be reduced to writi ng and shall be filed for record in the Office of the Coun ty Clerk of Harris County, Texas.
Notwithstanding anything to the contrary herein above expressed, none of the provisions herein abov e set
i ng and shall be filed for record in the Office of the Coun ty Clerk of Harris County, Texas.
Notwithstanding anything to the contrary herein above expressed, none of the provisions herein abov e set forth shall apply to or in any way affect the two t racts of land designated on the plat of Maplewood West as Re serve “A” and Reserve “B”, which two tracts are designate d as unrestricted, it being the intention of the undersi gned that the herein above expressed provisions shall apply o nly to numbered lots in Maplewood West.
19. Miscellaneous: 19(a) Titles: Titles to articles/sections are not substantive, but are merely used for convenience.
19(b) Existing Variances: Variances to these restrictions which exist as of October 10, 1987, an d are either noted on the homeowners approval sheet of th ese restrictions, or which may otherwise be proven by 40 competent evidence, are excepted from enforcement hereunder provided (1) said variance shall be allo wed only to the existing homeowner as of November 4, 1987; ( 2) such variance is not assignable to another except a s it relates to existing garage conversions and to roofs , and then any subsequent replacement roof must conform t o the deed restrictions under Article 12(c) hereof; and ( 3) any variance, other than roofs and garage conversions, must be cured or otherwise brought into conformity the soon er of (1) November 4, 1988, or (2) the date the exact v ariance ends. In this regard, if one has a vehicle in viol ation of these restrictions, said vehicle may not be replaced with another vehicle in violation of the restrictions.
19(c) Amendment: These Restrictions may be amended, modified, altered, reformed, revised, resc inded or revoked, in whole or in part, at any time, by a vot e of
icle in violation of the restrictions.
19(c) Amendment: These Restrictions may be amended, modified, altered, reformed, revised, resc inded or revoked, in whole or in part, at any time, by a vot e of three-fifths (3/5) of the lot owners of Maplewood W est, one vote per lot owned. If there is more than one owner per lot and they are in opposition to each other th at vote is cancelled out.
Any such amendment, modification, alteration, reformation, revision, recision or revocation shall be reduced to a recordable instrument and shall be fil ed for record in the Office of the County Clerk of Harris County, Texas.
19(d) Enforcement: In the event of any violation or attempted violation of any of the terms or provi sions hereof, including any of the restrictions set forth herein, enforcement of the terms and provisions hereof shal l be authorized by any proceedings at law or in equity a gainst any person or persons so violating or attempting to violate any of the provisions hereof, including by means of actions to restrain or prevent such violation or attempted violation by injunction, prohibitive or mandatory, and it sha ll not be a prerequisite to the granting of any such injunction that there be inadequate remedy at law or that there be any showing of irreparable harm or damage if such injun ction is not granted. In addition, any persons entitled to enforce the provisions hereof may recover such damages, eit her actual or punitive, as such person may show himself justly entitled by reason of such violation of the terms a nd provisions hereof. The terms and provisions hereof may be enforced by Declarant, by the Association (and the Association is hereby expressly authorized to use i ts funds
violation of the terms a nd provisions hereof. The terms and provisions hereof may be enforced by Declarant, by the Association (and the Association is hereby expressly authorized to use i ts funds for the purpose of assisting in the enforcement of the terms and provisions hereof), or by the Owners of any lot shown in the amended plat establishing Maplewood West. F ailure by the Association or any Owner to so enforce any covenant or restriction hereof shall not be constru ed to constitute a waiver of the right to thereafter enfo rce such provision or any other provision hereof. No violat ion of any of the terms or provisions hereof, or any porti on thereof, shall affect the rights of any mortgagee u nder any mortgage or deed of trust presently or hereafter pl aced of record covering any of the land shown to be within the amended plat establishing Maplewood West.
19(e) Severability: Invalidation of any one of the se covenants or restrictions by judgment or court orde r or otherwise shall in no way affect the application of such provision to other circumstances or any other provi sions which shall remain in full force and effect.
19(f) Indemnification: The Association shall indemnify every officer and trustee against any and all expenses, including counsel fees, reasonably incurr ed by or imposed upon any officer or trustee in connection w ith any action, suit or proceeding (including settlement of any suit or proceeding, if approved by the then Board of Tru stees) to which he or she may be a party by reason of bein g or having been an officer or trustee. The officers an d trustees shall not be liable for any mistake of judgment, ne gligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The
The officers an d trustees shall not be liable for any mistake of judgment, ne gligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and trustees shall have no personal liabil ity with respect to any contract or other commitment made by them, in good faith, on behalf of the Association ( except to the extent that such officers or trustees may also be Members of the Association), and the Association sh all indemnify and forever hold each such officer and tr ustee free and harmless against any and all liability to others on account of any such contract or commitment. Any ri ght to indemnification provided for herein shall not be ex clusive of any other rights to which any officer or trustee, o r former officer or trustee, may be entitled. The Associati on shall, as a common expense, maintain adequate general liabili ty and officers’ and directors’ liability insurance to fun d this obligation, if such insurance is reasonably availab le.
EXECUTED by the aforementioned owners of property in Maplewood West subdivision in multiple counterpart ballots, each of which is and shall be construed 41 as an original, being one and the same document for all purposes.
36/HOADOCS/40.001 JT–821.018 AFFIDAVIT REGARDING AMENDED AND RESTATED DEED RESTRICTIONS FOR MAPLEWOOD WEST THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public in and for The State of Texas, on this day, by and through its Board of Directors, personally appeared Arnie Ostrin, President of Maplewood West Civic Associati on, who after having been by me first sworn upon his oa th deposed and said: WHEREAS, it is the desire of the owners of at least two-thirds (2/3) of the lots located within
lewood West Civic Associati on, who after having been by me first sworn upon his oa th deposed and said: WHEREAS, it is the desire of the owners of at least two-thirds (2/3) of the lots located within MAPLEWOOD WEST SUBDIVISION, to amend and restate deed restrictions for said subdivision, in accordance with the provisions for amendment as filed for record under Harris County Clerk’s File No. J161637; and WHEREAS, by individual notarized ballots, the required two-thirds (2/3) of owners of lots in MAPLEWOOD WEST did approve all proposed Amended and Restated Deed Restrictions, except those two (2) provisions originally designated “Section 12.(f) Lighting” and “Section 14.(b) Requirement to Construct Garage”, with the results of the balloting certified by Susan L. Kont er, Certified Public Accountant, and originals of ballo ts maintained in the official records of Maplewood West Civic Association; and WHEREAS, “Section 12.(f) Lighting” and “Section 14.(b) Requirement to Construct Garage” shall be omitted in their entirety; and WHEREAS, in accordance with the changes and deletions in Sections, resulting from failure to be approved, the Index for the MAPLEWOOD WEST AMENDED AND RESTATED DEED RESTRICTIONS has been adjusted to reflect changes in titles and page numbers; and NOW THEREFORE, the attached Exhibit “A”, entitled AMENDED AND RESTATED DEED RESTRICTIONS, MAPLEWOOD WEST, are the current, duly constituted restrictions for Maplewood West Subdivision and hereby supersede and replace all other restrictions filed of record under Harris County Clerk’s Nos.
C657690, C782853 and J161637.
MAPLEWOOD WEST CIVIC ASSOCIATION By: Arnie Ostrin - Arnie Ostrin, President SWORN AND SUBSCRIBED BEFORE ME by Arnie Ostrin on this the 26th day of June, 1988.
lerk’s Nos.
C657690, C782853 and J161637.
MAPLEWOOD WEST CIVIC ASSOCIATION By: Arnie Ostrin - Arnie Ostrin, President SWORN AND SUBSCRIBED BEFORE ME by Arnie Ostrin on this the 26th day of June, 1988.
Janelle Aron - Printed Name: Janelle Aron Notary Public in and for The State of Texas THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared Arnie Ostrin, President of Maplewood West Civic Association, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed this Affidavit for the purposes and considerations there in expressed, and in the capacity therein stated and a s the act of said organization.
Janelle Aron - Printed Name: Janelle Aron Notary Public in and for The State of Texas My Commission expires: 6-9-89 821.001/R007 9211-1 42 Bylaws BYLAWS OF MAPLEWOOD WEST CIVIC ASSOCIATION Article I -NAME Section 1. The name of this association shall be MAPLEWOOD WEST CIVIC ASSOCIATION.
Section 2. The principal office of this Association shall be located at the residence of the President then in o ffice, Houston, Harris County, Texas, or such other place as the Board of Trustees may from time to time designate.
Article II - MEMBERSHIP Section 1. Adult residents of Maplewood West to whom the "Maintenance Fund" is applicable and whose paym ents thereto are in good standing; and who shall have pa id such other dues and assessments in good standing, if any , to the Association, shall be members of the Association.
Section 2. The Association may issue suitable certificates, cards, or other instruments evidencing membership r ights, to the members of the Association, under the direct ion of the Board of Trustees of the Association.
ciation may issue suitable certificates, cards, or other instruments evidencing membership r ights, to the members of the Association, under the direct ion of the Board of Trustees of the Association.
Section 3. The Association is organized as a non-profit corporation, and has no capital stock.
Article III - FISCAL YEAR Section 1. The fiscal year of the Association shall begin on January 1 and end on December 31 of each year.
Article IV - DUES Section 1. The dues, charges, and/or initiation fees, if any , of this Association shall be as prescribed by the B oard of Trustees.
Article V - BOARD OF TRUSTEES Section 1. The affairs of the Association shall be managed by a Board of Trustees, who shall serve annual term s coinciding with the fiscal year of the corporation, which shall consist of nine (9) or more persons, five (5) of whom shall also serve as officers, each to hold off ice until their respective successors shall have been d uly elected, qualified and take office. The retiring Pr esident of the Association shall automatically become a member of the Board of Trustees for one (1) year.
A nominating committee, consisting of five (5) memb ers, shall be appointed by the President not less than o ne month prior to the annual meeting, and shall provid e each member a proper written notice of the call of such meeting, which shall set out the report of the nomi nating committee. This shall not preclude further nominati ons from the floor at such annual meetings.
Section 2. In the event of the death, resignation, or refusal to act of any member or members of the Board of Trustees, the remaining member or members shall have full authority to act, and shall appoint a successor Trustee or Trustees within 30 days of suc h
l to act of any member or members of the Board of Trustees, the remaining member or members shall have full authority to act, and shall appoint a successor Trustee or Trustees within 30 days of suc h occurrence, to serve until the next slate of Truste es are duly elected.
Section 3. Members of the Board of Trustees and officers shall be elected by a majority vote of a q uorum of the membership of the Association at the annual mee ting of the Association, or at any other meeting of the mem bers called for the purpose of electing Trustees.
Section 4. The number of Trustees of the Association may be increased or decreased from time to time in the manner provided for amending these ByLaws, but in N O event shall the number be less than three (3) NO de creases in number shall have the effect of shortening the t erm of any incumbent Trustee.
Section 5. Any Trusteeship filled by reason of an increase in number of Trustees shall be filled by election a t an annual meeting or at a special meeting called for that pur pose.
Section 6. At regular or special meetings of the Trustees, a majority of the number of Trustees shall constitu te a quorum, and the act of the majority of the Trustees present at a meeting at which a quorum is present s hall constitute the act of the Board of Trustees.
Section 7. Notice of the call of special and regular meetings of the Trustees shall be communicated to e ach Trustee no less than five (5) days prior to such me eting.
Attendance of a Trustee at a meeting shall constitu te waiver of notice of such meeting.
43 Section 8. No officer or Trustee shall be liable in any manner or to any extent for any act in his or her official capacity, absent fraud or culpable conduct for whic h he or she is convicted of a crime.
Article VI - OFFICERS
rustee shall be liable in any manner or to any extent for any act in his or her official capacity, absent fraud or culpable conduct for whic h he or she is convicted of a crime.
Article VI - OFFICERS Section 1. The officers of the Association shall consist of a President, a Vice President, a Secretary, a Treas urer, and an Assistant Secretary/Treasurer, who shall perform the duties usually associated with each office.
Section 2. The President, or the person acting in that office, shall be Chairman of the Board of Trustees of the Association.
Section 3. The Treasurer shall make such fidelity bond as may be required from time to time by the Board of Trustees, with the fee therefor to be paid by the Association.
Section 4. Vacancies occurring in any of the offices of the Association shall be filled by the Board of Trustee s as specified in Article V. Section 2.; except that if a vacancy occurs in the position of President, the Vice-Presi dent shall forthwith assume the duties of such office, and a n ew VicePresident shall be so selected.
Article VII - MEETINGS OF MEMBERS Section 1. The regular annual meeting of the Association shall be held at 7:30 pm on a day in the second ful l week of November of each year, as designated by the Board o f Trustees, at such place as may be designated by the Board of Trustees.
Section 2. Special meetings of the members may be called by the Board of Trustees at any time.
Section 3. Members holding one-tenth of the votes entitled to be cast shall constitute a quorum of th e members based upon one adult representative in good standing from each residence.
Section 4. In all votes of members taken at meetings of the Association, a majority vote of those present a nd entitled to vote shall govern. Voting shall be by
in good standing from each residence.
Section 4. In all votes of members taken at meetings of the Association, a majority vote of those present a nd entitled to vote shall govern. Voting shall be by voice, except that if the presiding officer deems i t advisable before or after the voice vote is taken, he/she may require a count of raised hands or a secret wri tten ballot.
Section 5. Robert's Rules of Order shall prevail in the conduct of the meetings of the Association.
Section 6. Written notice of each regular or special meeting of the membership shall be mailed or delive red not less than seven (7) days before the meeting to each member entitled to vote at such meeting.
Article VIII - COMMITTEES Section 1. The President shall have the power to appoint and dissolve any committees which he/she may deem necessary. This power to appoint and dissolve commi ttees shall be concurrent with the same power hereby vest ed in the Board of Trustees. In the event any action taken by the Beard of Trustees conflicts with any action taken by the President of the Association, the action taken by the Board of Trustees shall supersede and be superior to any conflicting action taken by the President. The Pres ident shall be an ex-officio member of all committees. Su ch committees shall report directly to the President, who shall promptly submit such report, together with his comm ents and recommendations, to the Board of Trustees. Such committees shall remain standing until discharged o r dissolved by the President than serving, or by the Board of Trustees.
Section 2. An Audit Committee, consisting of three (3) members of the Association who were not members of the Board of Trustees in the previous year, shall be ap pointed
r by the Board of Trustees.
Section 2. An Audit Committee, consisting of three (3) members of the Association who were not members of the Board of Trustees in the previous year, shall be ap pointed within one (1) month of the taking of office of a n ew slate of Trustees. The Audit Committee shall audit the bo oks and record of the Association for the previous year and shall submit a written report to the members no later than the next annual meeting of the Association.
Article IX - AMENDMENTS Section 1. These ByLaws may be amended, altered or repealed by a majority affirmative vote of the memb ers, provided that a quorum be then present.
No amendment shall be voted upon unless written not ice of such amendment shall have been communicated to e ach member of the Association no less than seven (7) da ys prior to the meeting at which the amendment is to b e voted upon, stating the proposed amendment in said notice.
Article X - SEAL Section 1. The Board of Trustees shall provide a 44 corporate seal for the Association which shall be i n the form of a circle and shall have inscribed there on the full name of the Association and the word "Seal".
Article XI – MISCELLANEOUS ADMINISTRATIVE PROVISIONS Section 1. The Association shall keep correct and complete books and records of account and shall als o maintain a record showing the names of all members of the Association, including al' members of the Assoc iation who are eligible to vote. All books, records, and m inutes of the Association may be inspected by any member o f the Association at any reasonable time.
Section 2. The Board of Trustees may authorize the President or Vice-president to enter into any contr act or execute and deliver any legal instrument in the nam e of and on behalf of the Association.
ction 2. The Board of Trustees may authorize the President or Vice-president to enter into any contr act or execute and deliver any legal instrument in the nam e of and on behalf of the Association.
Section 3. The Association shall have and continuously maintain in the State of Texas a registered office and a registered agent whose office is identical with suc h registered office, as required by Article 1396-2.05 of the Texas Non-Profit Corporation Act. The registered of fice may be, but need not be, identical with the princip al office in the State of Texas, and the address of the regis tered office may be changed from time to time by the Boar d of Trustees.
Section 4. All funds of the Association shall be deposited from time to time to the credit of the Association in such banks, trust companies or other depositories as the Board of Trustees shall designate.
Section 5. No financial commitment of the Association nor expenditure of funds of the Association shall b e made without the prior approval and authorization thereo f by the Board of Trustees. Reoccurring expenditures must b e approved by the Board of Trustees on an annual basi s.
Prior board approval is required for amounts exceed ing these levels by $200, new expenditures over $200, o r as designated by the Board of Trustees. The mere appr oval of a budget shall not be considered as such require d approval of financial commitments or expenditures. No commitment or expenditure of funds of the Association shall be made for any purp ose inconsistent with the purposes of the Association a s stated in the Articles of incorporation and ByLaws of the Association. Section 6. All checks are to be jointly signed by officers as designated annually by the Board of Trustees. E xcluding
tion a s stated in the Articles of incorporation and ByLaws of the Association. Section 6. All checks are to be jointly signed by officers as designated annually by the Board of Trustees. E xcluding interbank transfers between checking and savings ac counts, electronic invoice payments are prohibited without prior approval from the Board of Trustees.
Section 7. The Board of Trustees shall designate another officer besides the Treasurer to regularly verify a nd review on-line bank account cash balances, transactions, a nd deposits to those submitted by the Treasurer.
Section 8. Treasurer shall perform regular backups of all MWCA computer files on Association provided storage devices, specified on-line backup services, or as d irected by the Board of Trustees. The board may designate lo cation and interval of off-site backup storage.
Section 9. All electronic files used in the course of Association business remain the sole property of th e Association and must be surrendered upon request by the Board of Trustees or Audit Committee members.
Section 10. In the Event the Association is dissolved, any assets of the Association remaining after the payme nt, discharge and satisfaction of all liabilities, debt s and obligations of the Association, shall be assigned, delivered and conveyed to the, City of Houston. Under no circumstances and in no event shall any asset of th e Association be assigned, delivered or conveyed to a ny past or present member, trustee or officer of the Associ ation.
Original Bylaws adopted August 11, 1970 Bylaws revised November 4, 1976 Bylaws revised November 17, 1988 Bylaws revised/reformatted November 11, 2010