RESTRICT 2008090656 16 PGS AS PER ORIGINAL Motice SECRETARY'S CERTIFICATE OF ADOPTION OF ARCHITECTURAL REVIEW COMMITTEE GUIDELINES BY THE BOARD OF DIRECTORS OF 20080050837 02/01/2008 RP2 $72.00 MILLS POINTE HOMEOWNERS ASSOCIATION, INC.
I Patricia Lockett, certify that I am the duly qualified and acting Secretary of Mills Pointe Homeowners Association, Inc., a duly organized and existing non-profit Texas corporation.
I further certify that the foregoing Architectural Review Committee Guidelines were duly adopted by the Board of Directors and the Architectural Review Committee of Mills Pointe Homeowners Association, Inc. at a meeting that was legally held on the 18th day of October, 2007 and entered in the Minutes of the Meeting which are contained in the Minute Book of the Corporation.
lee Patricia Lockett, Secretary lal Doment 1-21-08 Dated: § cos cos STATE OF TEXAS COUNTY OF HARRIS § This instrument was acknowledged before me on the day of January 2008 by Patricia Lockett, Secretary of Mills Pointe Homeowners Association, Inc., a Texas non-profit or corporation, on behalf of said corporation.
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TARY PUBLIC ......................
STATE OF TEXA HEATHER NICOLE RAPER Notary Public, State of Texas My Commission Expires November 16, 2011 NOTARY PUBLIC and for the STATE Name: Heather Raper As My Commission Expires: Nov: 116 3011 AFTER RECORDING RETURN TO: Messock & Walton 17171 Park Row, Suite 250 Houston, Texas 77084 FILED FOR RECORD 8:00 FEB - 1 2008 Beverly Fishmen County Clerk, Harris County, Texas 19 | Mills Pointe Homeowners Association, Inc.
Architectural Review Committee Guidelines (Effective November 1, 2007) Unofficial Document 1920-62-ESO A !
1 • 1 20 t Ce, fO “ OA Ce TICLE 1. AUTHORITY AND CRITERIA.
ointe Homeowners Association, Inc.
Architectural Review Committee Guidelines (Effective November 1, 2007) Unofficial Document 1920-62-ESO A !
1 • 1 20 t Ce, fO “ OA Ce TICLE 1. AUTHORITY AND CRITERIA.
Ce < An his outline of minimum acceptable construction standards is promulgated pursuant to ih iu ity of the Declaration of Covenants, Conditions and Restrictions for Mills Pointe, Al oo tion 3.
oe _evaluate-atproposed Modifications submitted for ARC approval on the individual merits ‘ofthe rticul lication. Judgments and decisions of the ARC shall be based on the following-eti in plied in accordance with the aesthetics, environment or architectural app dnce-or “sia dards generally prevailing in Mills Pointe as of the date of submission of an aplication, é (a)| De Intestity. The proposed Modification must be sound and appropriate to-its surroundings as to harmony of external design and location in relation 40 property, lines, building lines, easements, grades surrounding structurés,-Walks, ‘paths, and topography, and as to compatibility with standards of appeara cece opus sintnane and quality generally prevailing in foe Mills Pointe: “Z ar a (b) Design CSiapatibitity. The-proposed Modification should be compatible @ with the architectiiral characteristics df the applicant's house, adjoining houses, and the neighborhood setting Compatibility is defined as similarity in architectural style, quality“ of .workinanship, use of materials, color and “~, (c) Location and Impact of Neighbols. The proposed Modification shall relate favorably to the landscape, existing structures and other improvements
ials, color and “~, (c) Location and Impact of Neighbols. The proposed Modification shall relate favorably to the landscape, existing structures and other improvements compatible with the visual and priva¢y ti htstof Ineighbors and the integration of such Modification into surrounding\,st rés‘ atid, topography. The primary concerns are access, view, privacy r * Suni ventilation and drainage.
Large structures shall not be approved j safiie -inreasonable obstruct views, sunlight or ventilation; and raised stru €S intended to be occupied by individuals, including without limitation, spas dais layhouses, shall not be approved if same unreasonable intrude upon ihe -p iyacy rights of neighbors.
(d) Scale. The size (in three dimensions) of ahesttoe sed odification shall relate well to adjacent structures and its surroundings. Site“diménsions of the Lot must be adequate to accommodate all of the Pie “Modi ications in terms of the relationship of the Modifications to the’ L we existing structures and improvements thereon. Disproportionate -Struelures in sd : hor ee 3 CS - ua La Be o a ws a terms of Lot coverage, height, width, ‘visual impact and relationship to wo “D ? surrounding Lots, structures and improvements shall not be approved.
fe, < a a (e) Color. The ARC shall not seek to impose purely personal preferences or oo taste with regard to color, but shall seek avoidance of the use of loud or garish | CA S;,or inherently conflicting colors. Color may also be considered as to NE ore 8 atin and Finishes. Exterior materials and finishes shall be
nflicting colors. Color may also be considered as to NE ore 8 atin and Finishes. Exterior materials and finishes shall be < conmip ible with surrounding structures and improvements. If the Modification .* Is.40 be-tiicorporated into or added to an existing improvement, the ARC shall “Tequite-Such-addition be fuily integrated. For example, bricking used on the gin teajdehee should be reflected in an addition, and shingles placed on a pat oto uldbe'of the same type, quality, color and grade as the shingles ont nt-tesidence.
Oo a quality of work regarding any Modification shall be 0 t (2) Wetk equal to or ibetter:, at of the existing structures in the neighborhood.
imin “ e han ee . ; (h) T By ee which remain uncompleted for long periods of time are visually objectiehable, and an, be a nuisance and a safety hazard for neighbors and the community. All applications must include a reasonably accurate estimation of the’tims:fieckssary to complete the project. WORK ON ALL MODIFICATIONS MUSP BE’ COMMENCED WITHIN SIXTY (60) DAYS AFTER APPROVAL IS OBTAINED AND COMPLETED WITHIN SIX (6) MONTHS AFTER IRK IS CQMMENCED UNLESS OTHERWISE EXPRESSLY APPROVED B THE_AR . If construction does not commence within sixty (60) days, the apptovat expi d the plans and specification must be resubmitted for approval. a ‘ | (i) Location. The location of a'y Go ification must be compatible with, and integrate favorably with, ‘sUrrounding” structures, topography and improvements and comply with all requirg! bulidiig lites and setbacks.
4 Docume s The proposed Modification must not contraven ipplica Declaration, the Bylaws, or Architectural Guidelines oF ordinances and regulations. * goyernmental laws, a
bulidiig lites and setbacks.
4 Docume s The proposed Modification must not contraven ipplica Declaration, the Bylaws, or Architectural Guidelines oF ordinances and regulations. * goyernmental laws, a 2. Basis for Disapproval by ACC. The ARC may disapprove anf pater r approval submitted pursuant to these guidelines for any of the following rea a on @ ° Cr oF ? pee LO.
(a) failure to comply with any applicable Architectural Review Committee LS) as set forth herein; or “e “7 (b) lack of sufficient information, plans or specifications as reasonably determined by the ARC to enable the ARC to fairly and fully evaluate the € Shenae. environmental or architectural impact of a proposed Modification or OF pst the thereof, or failure to include any information, plans or specifications a regi zoe Declaration or the Architectural Guidelines, or as may be Ve ; we ithe ARC.
tn toe So everit. Q — the ARC shall so notify the applicant in writing; and if disap oval“is-Basechon lack of sufficient information, plans or specifications, then the ARC | Oe app Lgant of the additional information, plans or specifications required. a?
ro (c) Weiner eo nor the ARC assume any responsibility for the safety of an en by virtue of design or workmanship. Neither the oe nua oe “0 nik any member, subcommittee, employee or agent i) of either, s ee “to ee Owner, Member or any other person for any fe actions or fail act“as a member of the ARC, or in connection with any id approval, conditi al approval et disapproval of any request for approval or h @ request for variance, inc ding, without limitation, mistakes in judgment, he negligence, mae non feadanc .
| t 3. Application Process. eta include the completed application form
st for approval or h @ request for variance, inc ding, without limitation, mistakes in judgment, he negligence, mae non feadanc .
| t 3. Application Process. eta include the completed application form it explaining the proposed modificatidn,-“a A detai ed site plan and/or survey received of reflecting relative distances and dimengio (a) All applications must be irwh Cam a mailing address and the hs 7 kn ag phone number. All applications 1 Be ailed to the managing agent " contracted by Mills Pointe Homely he , Specigion The ARC will not respond to verbal requests.
(b) The ARC reserves the right to aks eation fee on a case by case basis, depending on the complexity o thé requ a improvement. Any costs or expenses which the ARC incurs in ot i plication will be paid by the applicant.
(c) Any proposed modifications are subject to wpa 4, ARC Approval Process. In the event the ARC fails to aitp oh ans and specifications within sixty (60) days after the receipt of the saisey jon or @ ‘ ce oA ? helo bs te wn.
: a“ LOD Cy ee additional information requested, whichever is later, they shall be deemed to be oe pproved, if such proposed modification is 1n compliance with the Declaration and these a 2 uidelines as recorded. The ARC at its sole discretion and to the extent wherein < a ssly prohibited by this Declaration is hereby permitted to approve in writing “ a jations in the general use restrictions in instances where, in its judgment, such i fons. i] result in a more common beneficial use and enhance the overall Aedsomneps ph for Mills Pointe.
“ay the event the ARC fails to approve a written request for a deviation in “the-g a1 tise restrictions within thirty (30) days after receipt thereof, such
l Aedsomneps ph for Mills Pointe.
“ay the event the ARC fails to approve a written request for a deviation in “the-g a1 tise restrictions within thirty (30) days after receipt thereof, such co ‘Tequést shall be deemed to be disapproved. The approval of a deviation in the yPeneral -use-resiriclions by ihe ARC does not obligate the ARC to approve a ‘giinidar sewjat n at a later time.
ey b) The ARC ‘shail have the authority hereunder to require any Owner or Owner’ s,agents 6r-cantractors to cease and desist in constructing or altering any improvemerits-en ‘any Rroperty, where such actions have not first been reviewed and arrange Shsehutg iolation of this Declaration, the ARC Guidelines or any oth Focuses Fro gated by the ARC. The violating owner shall remove such yiolatifig infiprovements or site work at its sole expense and without delay, réturnifig same to_itS,original condition or bringing the Property into compliance with this Deglatation.’
a a C) Upon any viokgtio ‘or attempt to violate any of the Covenants, the Association or any othe#,lot Ownes-inay prosecute any proceedings at law or in Covenant and either to prev t fim} or! them from doing so or to recover damages or other dues for such viet tions. Failure by any owner to enforce any covenant or restriction will in no-evetif-be deerhed a waiver of the right to do so thereafter. “3 | A, ARTICLE II. GUIDELINES. 14 A, 1. Out Buildings/Accessory Buildings a af 1 ee sheds, greenhouses, gazebos, play houses, shade lis}shall e constructed or placed within Mills Pointe without the prior written-dpprovaL-of the ARC. The materials, finishes, color and style of all such structur $palist compliment the
houses, shade lis}shall e constructed or placed within Mills Pointe without the prior written-dpprovaL-of the ARC. The materials, finishes, color and style of all such structur $palist compliment the existing residence; ie: structure must be shingled and pals ogame ol a) No out buildings and/or accessory “mene not limited to al 6 5 Ce oF 2 ety Ce fs o sas