ORGINAL FILED 44 yy 30, PH 3°35 FILED FOR RECORD AFTER RECORDING, PLEASE RETURN TO: CIND Y.
ELLIS COUNTY CLERK Judd A. Austin, Jr.
Henry Oddo Austin & Fletcher, P.C.
1700 Pacific Avenue Suite 2700 Dallas, Texas 75201 CERTIFICATE AND MEMORANDUM OF RECORDING OF DEDICATORY INSTRUMENTS FOR SHILOH FOREST ESTATES OWNERS ASSOCIATION STATE OF TEXAS § § COUNTY OF ELLIS § The undersigned, as attorney for the Shiloh Forest Estates Owners Association, for the purpose of complying with Section 202.006 of the Texas Property Code and to provide public notice of the following dedicatory instrument affecting the owners of property subject to the Declaration of Restrictions, Covenants, and Conditions of Shiloh Forest, Phase 1 + 2, filed on or about January 16, 2006, and recorded in Volume 2284, Page 550 of the Official Public Records of Ellis County, Texas, as amended (collectively, the “Declaration”), hereby states that the dedicatory instrument attached hereto is a true and correct copy of the following: ° Architectural Guidelines for Shiloh Forest Estates Owners Association (Exhibit “A”).
All persons or entities holding an interest in and to any portion of property encumbered by the Declaration are subject to the foregoing dedicatory instrument.
IN WITNESS WHEREOF, the Shiloh Forest Estates Owners Association has caused this Certificate and Memorandum of Recording of Dedicatory Instruments to be filed with the Office of the Ellis County Clerk, and serves to supplement that certain Notice of Filing of Dedicatory Instruments for Shiloh Forest Estates Owners Association filed on October 18, 2012, and recorded in Volume 2657, Page 2414 of the Official Public Records of Ellis County, Texas (the “ Notice’),
catory Instruments for Shiloh Forest Estates Owners Association filed on October 18, 2012, and recorded in Volume 2657, Page 2414 of the Official Public Records of Ellis County, Texas (the “ Notice’), with the intent and understanding that the Architectural Guidelines attached hereto shall supercede and replace the Architectural Guidelines attached to the Notice.
SHILOH FOREST ESTATES OWNERS ASSOCIATION By: Its: rey STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Judd A.
Austin, Jr., attorney for Shiloh Forest Estates Owners Association, known to me to be the person whose name is subscribed on the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND AFFIRMED SEAL OF OFFICE on this 29% day of July, oi, “ELISE D. MYERS | & ” vee Notary Public, State of Texas ; z , My Commission Expires ‘4 aie Notary Public, State of Te 2013.
May 24, 2014 MISSION STATEMENT The goal of the Architectural Control Committee (“ACC”) is the guardianship of the property values of all members of to maintain a high level of taste and design standards within the Shiloh Forest community.
The ACC shall use its best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Shiloh Forest Estates.
Unless implicitly stated otherwise herein, all exterior construction improvements, repairs, plantings, building material changes or color changes shall be submitted to the ACC for approval prior to work commencing. If the owner of the property chooses to move forward or allow progress to be made with modifications before permission is granted, the owner
submitted to the ACC for approval prior to work commencing. If the owner of the property chooses to move forward or allow progress to be made with modifications before permission is granted, the owner assumes the risk that permission may be denied by the ACC regardless of the level of completion of the project, and the improvement will need to be removed and the particular area returned to its original configuration at the sole cost and expense of the homeowner.
I. BUSINESS, NOXIOUS AND OFFENSIVE ACTIVITIES No lot shall be used for business, professional, commercial, or manufacturing of any kind.
No noxious or offensive activity shall be undertaken with in the Addition nor shall anything be done which is or may become an annoyance or nuisance to the neighborhood. Article 1 Section 10) of Deed Restrictions. No loud or noxious activities.
Il. APPEARANCE OF THE LOT Both the lot and the home must be maintained in the manner so as not to be unsightly when viewed from the street or neighboring lots. The architectural reviewer is the arbitrator of acceptable appearance standards.
I. STORAGE SHED AND STRUCTURES Any storage shed, outbuilding, gazebo, greenhouse, or other added structure shall contain no more than 360 square feet of floor space and must comply with the following guidelines: a All outbuildings must be placed within the fenced-in portion of the property b. All outbuildings must not have any portion of the structure below the sidewall height visible from the street.
It is recommended that side walls be a maximum of 7’.
The exterior surface must not consist of metal or cinder block.
€. If stained, the stain must match or compliment the structure of the dwelling unit.
If not stained, the structure must be painted or constructed to match or
ust not consist of metal or cinder block.
€. If stained, the stain must match or compliment the structure of the dwelling unit.
If not stained, the structure must be painted or constructed to match or compliment the structure of the dwelling unit. Any staining or painting must be completed within 60 days of installation.
f. Detached accessory buildings may not be used as a living quarters or leased to third parties.
p.9 EXHJBIT g. No accessory building may encroach into any utility easement of the homeowner’s lot unless all utility companies involved have granted written consent to the encroachment. It shall be the sole responsibility of the homeowner to secure said consent from the respective utility companies.
h. All outbuildings must comply with such additional requirements as the ACC may reasonably determine after review of the accessory building plans and specifications.
i. All outbuildings must not impede or change drainage flow per approved grading plan.
j. If a building is larger than 360 sq. ft. it must be a permanent building with the entire front being 100% brick or stone to match the residence with the other 3 side being brick or stone to approximately 36”. Shingles should match the shingles on the roof of home and must be built per the guidelines in the Declaration of Covenant, Conditions and Restrictions.
k. The ACC has sole desecration to make decisions on all buildings.
IV. BASKETBALL HOOPS Basketball hoops and backboards are not permitted to be mounted on the garage. Temporary basketball hoops or backboards may only be used within the driveway of a lot. Temporary basketball hoops or backboards may not be placed or used on the street or cul-de-sac. In ground mounted are permitted to be mounted in an area along the driveway and close to the garage.
ot. Temporary basketball hoops or backboards may not be placed or used on the street or cul-de-sac. In ground mounted are permitted to be mounted in an area along the driveway and close to the garage.
V. PATIO COVERS Patio covers shall be constructed of materials that complement the house. Patio covers made primarily of aluminum or other metals are not permitted. If attached to the house, patio covers shall be integrated into the existing roof line, and if it is to be shingled, the shingles must match the house roof. Approval by the ACC is required for all patio covers. Please note that a building permit is required to add a patio cover.
Please submit a copy of the permit along with the variance request.
VI. ROOM ADDITIONS Room additions will only be considered if they are constructed of an exterior facade that matches the existing facade of the dwelling unit and complies with the overall exterior masonry requirement for the dwelling, excluding windows doors and gables, and roofed with materials that match and are comparable with the rest of the dwelling.
VI. FENCING AND RETAINING WALLS Side and Rear Yard Fencing: When a homeowner intends to rebuild, replace or repair an original or previously approved erected fence to the same color scheme, with similar material and construction details as listed in the original fence or wall, the work may proceed without an application to the ACC.
Any painting, staining, or varnishing of the fence other than to a previously approved and applied color must be approved by the ACC. Bold colors and primary colors are prohibited. New fences must first be approval by ACC before construction.
For properties bordering the ponds or creeks must have a black wrought iron fence to allow an open view
and primary colors are prohibited. New fences must first be approval by ACC before construction.
For properties bordering the ponds or creeks must have a black wrought iron fence to allow an open view of the area. The ACC will determine how bar back or how near a wood fence may extend from back of house. No chain link fencing or barbed wire shall be permitted on any lot. Coated Black chain link fences may be allowed as an interior cross fence but requires the ACC approval.
Height & Location: Fences may not be constructed nearer to the street than the building lines for the front and side yards. Unless approved in writing by the ACC, no fence shall be taller than eight feet (8°) in height.
Finish Side “Out”: New or replacement fences visible from the street, common area, or a neighboring development, public park, school site, or undeveloped tract of land must have a “Finished Side” appearance on the outward face of the fence.
Condition: Each owner must maintain the fences and gates on his lot in a condition and appearance that is standard for the neighborhood. Stained fences that are discolored from lawn sprinklers shall be stained regularly to maintain an attractive appearance. If a fence in need of repair or replacement, the ACC recommends that cost of such repairs be split equally between the neighbors who share that particular section of fence. If misuse of the fence caused repair or replacement to be necessary, the party responsible for the damage shall absorb all costs associated with the repair or replacement.
Permitted Materials: Fences shall be constructed of wood material (Cedar or better). Homes with the back facing the ponds or creek are required to have and maintain wrought iron.
epair or replacement.
Permitted Materials: Fences shall be constructed of wood material (Cedar or better). Homes with the back facing the ponds or creek are required to have and maintain wrought iron.
Prohibited Materials: Barbed wire and chain link fencing are prohibited. No cross ties are permitted.
Front Yard Fences: Front yard fencing of any type is prohibited.
Permitted: The following treatments are permitted, without necessity of obtaining the prior approval of the ACC: Wood fences left in their natural state, without any protective finish.
Clear colorless sealants Semi-transparent stains Prohibited: The following finishes are prohibited, unless the owner has the prior written approval of the Architectural Reviewer: Paint Any stain, even semi-transparent stains, if the color is not “standard” for the property or is not on the ACC’s list of colors approved for the property.
VIII. EXTERIOR PAINT When a homeowner intends to repaint or repair an original or previously approved and applied color scheme or repair a damaged or deteriorated portion of the exterior structure, the work may proceed without an application to the ACC for approval so long as the repairs are to return that portion of the structure to the original or previously approved condition. All other painting, repair, or refurbishing work must be submitted to the ACC for approval, including but not limited to; front doors, rear doors, and garage doors, siding, trim, eaves, downspouts, shutters and fencings.
Color changes must be approved by the ACC. The ACC shall approve any color scheme generally expressive of the community’s character. Color of brick used on the house and color of the neighboring houses are taken into consideration. The use of earth tones and
pprove any color scheme generally expressive of the community’s character. Color of brick used on the house and color of the neighboring houses are taken into consideration. The use of earth tones and neutral colors are encouraged. Bold colors and primary colors are prohibited.
IX. DECKS Decks may not encroach into any utility easements unless the utility companies involved have granted written consent to such encroachment. It shall be the sole responsibility of the homeowner to secure said consent from the respective utility companies.
Decks shall be situated on a lot such that they do not affect drainage of the lot or any neighboring lot.
Decks taller than eighteen (18”) inches from the ground must have finished sidewalls.
Decks must be constructed with standard deck building materials (cedar, pressure treated pine, oak or composite decking materials such as simulated wood decking that does not shrink, crack or weather with age).
X. SWIMMING POOLS AND SPAS 10.1 Pools or spas may not encroach into any easement upon a homeowner’s lot unless the 10.2 10.3 10.4 10.5 10.6 10.7 utility companies involved have granted written consent to such encroachment. It shall be the sole responsibility of the homeowner to secure said consent for the respective utility companies.
Pools and spas must meet all building set back line and easement restrictions on recorded plat. Grade changes permanently affecting lot drainage is prohibited during construction of the pool.
Pools or spas may only be placed within the fenced-in portion of the property behind the residence and must comply with applicable city statutes and codes.
All pool and spa equipment and tools must be screened from view of other lots, streets and common area.
on of the property behind the residence and must comply with applicable city statutes and codes.
All pool and spa equipment and tools must be screened from view of other lots, streets and common area.
Above ground spas may be permitted if the spa is self-contained and designed to be mounted on an appropriate slab or support system and is not visible from other lots, streets or common areas, “Kiddie” type pools less than five (5) feet in diameter are authorized in front yard without ACC approval, but must be removed by sunset on the day of use.
No above ground pools are permitted as described in Article 1, Section 9 of Deed Restrictions.
XI. ANTENNAS 11.1 The ACC’s ability to regulate the use of television, radio or other electronic towers, aerials, antennae, satellite dishes or devices of any type for the reception or transmission of radio or television broadcast or other means of communication is regulated by the Telecommunications Act of 1996, as amended.
11.2 “Dish” antenna that are one meter (39.37”) or less in diameter designed to receive direct broadcast satellite service or to receive or transmit fixed wireless signals via satellite, (b) antenna that are one meter (39.37”) or less in diameter designed to receive video programming service via broadband radio service or to receive or transmit fixed wireless signals and (c) antenna that are designed to receive local television signals (collectively, the “Permissible Antenna”) are permitted to be installed on the dwelling unit.
11.3. To the extent that receipt of an acceptable signal would not be impaired, Permissible Antennas shall be installed behind the dwelling or on the side of the dwelling towards the rear, screen from the street to the extent reasonably practicable integrated with the
e impaired, Permissible Antennas shall be installed behind the dwelling or on the side of the dwelling towards the rear, screen from the street to the extent reasonably practicable integrated with the dwelling and surrounding landscape.
11.3. A separate satellite for the use of receiving internet access is permissible.
XII. YARD APPEARANCE AND LANDSCAPING STANDARDS An owner will use and maintain his private yard in a neat and attractive manner that is consistent with the neighborhood. If the Architectural Reviewer perceives that the appearance of a private yard detracts from the overall appearance of the Property, the Architectural Reviewer may limit colors, numbers, sizes, or types of furnishings, plantings and other items kept in the private yard. A private yard may not be used for storage. In an effort to maintain the appearance of the neighborhood a reasonable effort must be made to ensure the lawn and Jandscaping are watered during the winter or “non-growing” seasons as well as in the heat of the summer. Homeowners with backyards viewable from the street level on public property shall maintain their backyards in an aesthetically pleasing way. (i.e. the homes with open back yards facing the ponds) Bushes and gardens (if present) shall be trimmed neatly at all times. Grass shall be mowed regularly to a height of no more than eight (8) inches, edged and relatively free from weeds.
12.1 High Weeds and Grass Prohibited: Any property upon which weeds or grass exceed an average of eight (8) inches in height, is hereby declared to be a nuisance.
Edging is required on all lots. A violation occurs if the grass encroaches onto the sidewalk, driveway or curb more than 3 inches.
A person commits an offense if a person owns, occupies or controls any real property upon which
lots. A violation occurs if the grass encroaches onto the sidewalk, driveway or curb more than 3 inches.
A person commits an offense if a person owns, occupies or controls any real property upon which weeds or grass exceed an average of eight (8) inches in height.
A person commits an offense if the person owns, occupies or controls any real Property and fails to maintain the parkway adjacent to the property free of weeds and grass that exceed an average of eight (8) inches in height.
12.2 Landscaping and Irrigation Systems: 13.1 14.1 15.1 15.2 15.3 15.4 16.1 16,2 17.1 17.2 No sprinkler or irrigation systems of any type which draws upon water from creeks, streams, rivers, ponds, lakes, wetlands or other surface water within the Shiloh Forest Estates or surrounding areas shall be installed, constructed or operated on any lot unless prior written approval has been received from the Board or its designee.
Once construction of a lot’s main residential structure is completed, all yard areas visible to the street shall be covered with sod, hydro-mulch or some other ACC approved ground-cover.
Additionally, each lot shall be fully landscaped at the sale date. Any deviation from the above must be stipulated through a memorandum of understanding, as approved by the ACC.
XIII. HOLIDAY DECORATIONS Holiday or other festive decorations of a temporary nature for generally recognized holiday (such as Christmas) may be implemented without ACC approval. Decorations should not be installed more than six (6) weeks prior to the respective holiday and must be removed within four (4) weeks after the respective holiday.
XIV. SOLAR COLLECTORS At this time solar collectors on any property must be approved on a case-by-case basis. Provided they meet state laws and guidelines.
XV. EXTERIOR LIGHTS
the respective holiday.
XIV. SOLAR COLLECTORS At this time solar collectors on any property must be approved on a case-by-case basis. Provided they meet state laws and guidelines.
XV. EXTERIOR LIGHTS Exterior lighting shall be of a wattage and lumen count that will not disturb neighboring homeowners.
Exterior decorative lights, security lights, or floodlights must be aimed to provide light only to the homeowner’s property and not shine on any neighboring property.
Mercury vapor, or sodium halide lights are not permitted.
Gas or electrical post lights may be erected. Such lights must be no taller than eight feet (8’) in height and the illumination must be a low wattage only.
XVI. WIND TURBINES AND VENTILATORS No wind turbines or wind powered electrical generators will be allowed without specific approval of the ACC.
HOA cannot stop owners from installing a solar energy devise on his house but may regulate specific rules and may require ACC approval.
XVI. GARAGE CONVERSIONS AND CARPORTS No garage or portion thereof shall be converted to a living space.
Carport extension are not permitted.
18.1 19.1 19.2 19.3 19.4 19.5 XVII. WINDOW AIR CONDITIONERS No window units or wall type air conditioners shall be attached to any wall or window of the house.
XIX. SIGNAGE, ADVERTISEMENTS, AND BILLBOARDS No billboards, posters or advertising device of any kind shall be displayed for public view on any lot.
Signs that give notice of a home security system are permitted if not larger than one (1) square foot. Window stickers that give notice of a home security system are also permitted.
Signs larger than five (5) square feet and of a size typically used by real estate industry for residential homes are permissible for the purposes of advertising the residence home
are also permitted.
Signs larger than five (5) square feet and of a size typically used by real estate industry for residential homes are permissible for the purposes of advertising the residence home for sale. Signs advertising for rent or lease are prohibited.
Political signs advocating the election of one or more political candidates, the sponsorship of a political party, or the sponsorship of an issue or proposal may be placed upon a lot, provided that such shall not be placed more than six (6) weeks prior to the election to which they pertain and be removed within ten (10) days after the day the election has concluded and the signs are not larger than four feet (4’) by six feet (6’).
School spirit signs are permissible if they are maintained in good condition and not larger then the size typically used by the real estate industry for residential homes.
XX. FRONT DOORS, STORM WINDOWS AND STORM DOORS Front doors may be stained a natural wood color, or painted the same color as the house trim without application to the ACC for approval. All front-facing storm doors must be a glass door. The frames of the storm windows and storm doors must be painted, no mill finish aluminum allowed.. All screens on the front door are to be part of a metal framed storm door.
20.1 20.2 20.3 20.4 The use of “burglar bars,” steel wrought iron bars, or similar fixtures on the exterior of windows or doors is prohibited.
ACC approval is not required for the addition of screen doors that are not located on the front of the house if the material matches or is similar to the existing doors on the house and if the color is complimentary to the existing doors on the house.
Windows shall be of clear glass or tinted glass of bronze, gray, smoke, blue color or
s similar to the existing doors on the house and if the color is complimentary to the existing doors on the house.
Windows shall be of clear glass or tinted glass of bronze, gray, smoke, blue color or builder installed Low E windows. The use of reflective glass, aluminum foil, newspaper, or reflective tinting is prohibited.
Air Conditioner security cages must be painted to match either the air conditioner or the house trim. Primed plus two (2) coats of paint to prevent rusting.
XXI. AWNINGS AND OVERHANGS Awnings and overhangs must be approved by the ACC prior to installation and generally expressive of the community character.
22.1 22.2 22.3 22.4 22.5 22.6 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 XXII. MISCELLANEOUS The ACC may grant variances when circumstances require deviation from these guidelines.
These guidelines shall not be interpreted to constitute the approval of construction permits, all of which shall be submitted to the Ellis County.
The ACC may at times request copies of all information submitted to Ellis County for permit(s).
ACC approval does not override city codes or statues or existing deed restrictions, which must be complied with at all times. Applicable building permits must be obtained prior to construction.
Clotheslines are prohibited. The drying of clothes in full public view is prohibited pursuant to Article I, Section 10(0) of the Declaration.
P.O.D.s or similar storage contains are allowed with ACC approval and are limited to one week and must be positioned in driveway and cannot block public access.
XXII. PARKING, COMMERCIAL AND RECREATIONAL VEHICLES Trailers, Recreational vehicles and boats must be kept in the garage, parked behind a 8’ fence or other screening structure and not visible from the street. Sidewalks are not
AND RECREATIONAL VEHICLES Trailers, Recreational vehicles and boats must be kept in the garage, parked behind a 8’ fence or other screening structure and not visible from the street. Sidewalks are not allowed to be blocked at any time per Article 1, Section 10(b) of the Declarations.
Cars not inspected or legal to drive are not allowed to be parked on the street at any time.
Commercial vehicles are not permitted to be parked overnight. Article 1, Section 10 (c) of Deed Restrictions, Trucks with tonnage in excess of one ton shall not be permitted or parked overnight within the ADDITION except within enclosed structures, or those used by a builder during the construction of improvements.
Visitor or temporary recreational vehicles are permitted for 7 days. Homeowner should contact Management Company to notify and give details about length of time.
Wrecked, damaged or inoperable vehicles may not be parked in public view. Article 1, Section 10, (p) No abandoned, derelict or inoperative vehicles may be stored or located on any lot unless visually screened from lots and from any residential street.
Homeowners are encouraged to park their cars in the driveway. This measure is to allow maximum visibility while driving for children and animals.
Working on vehicles (cars, trucks, motorcycles, etc.) must be done in your garage or out of public view NO cars shall be parked on grass in the front yard of any residence.
No motorized vehicle shall be operated in common areas other than a golf cart at less than 10 MPH and operated by a licensed driver.
Special set back allowances. No residence shall have a setback so that the rear of house is nearer street than the front of adjacent house.