DOC #2022017892 Pages 5 WESTRIDGE COVE COMMUNITY ASSOCIATION, INC.
SOLAR ENERGY DEVICES AND ROOFING MATERIALS POLICY STATE OF TEXAS § COUNTY OF MONTGOMERY = § WHEREAS, the property encumbered by this Solar Energy Devices and Roofing Materials Policy is that property restricted by the Declaration of Covenants, Conditions and Restrictions for Westridge Cove, recorded under Clerk’s File No. 2021157407 in the Official Public Records of Montgomery County, Texas, and re-recorded under Clerk’s File No.
2021158599 in the Official Public Records of Montgomery County, Texas, as same has been or may be amended from time to time (“Declaration”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Westridge Cove Community Association, Inc. (the “Association”); and WHEREAS, any reference made herein to approval by the Architectural Review Committee (“ARC”), means prior written approval by the ARC.
NOW THEREFORE, pursuant to the authority granted in Sections 202.010 and 202.011 of the Texas Property Code, the Board of Directors (the “Board”), hereby adopts this Solar Energy Devices and Roofing Materials Policy (“Policy”), which shall run with the land and be binding on all owners and lots within the subdivision. This Policy replaces any previously recorded or implemented policy that addresses the subjects contained herein.
I. SOLAR ENERGY DEVICES Pursuant to Texas Property Code §202.010, solar energy devices, including solar panels, shall be restricted in the following manner: A. Prohibited Solar Energy Devices Solar energy devices, as referred to herein, shall be defined as set forth in the Texas Tax Code §171.107. Solar energy devices are prohibited in the following circumstances:
ited Solar Energy Devices Solar energy devices, as referred to herein, shall be defined as set forth in the Texas Tax Code §171.107. Solar energy devices are prohibited in the following circumstances: 1. Solar energy devices that have been adjudicated by a court to be a threat to public health or safety, or violate a law; 2. Solar energy devices that are located on property owned or maintained by the Association; 3. Solar energy devices that are located on property that is owned in common by the members; 1 Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
This Policy may be used only in connection with the Westridge Cove subdivision and the operation of the Westridge Cove Community Association, Inc.
4. Solar energy devices that are located on the owner’s property, other than: a. On the roof of the dwelling or another permitted structure; b. In a fenced yard or patio owned & maintained by the owner; 5. Roof-mounted solar energy devices that extend higher than or beyond the roofline; 6. Subject to Item 7 below, if roof mounted, solar energy devices that are mounted in an area other than the back of the home; 7. Roof-mounted solar energy devices that are located in an area other than an area designated by the Association, unless the alternate location increases the estimated annual energy production by more than 10% above the area designated by the Association (as determined by a publicly available modeling tool provided by the National Renewable Energy Laboratory); 8. Roof-mounted solar energy devices that do not conform to the slope of the roof and have a top edge that is not parallel to the roofline; 9. Roof-mounted solar energy devices that have frames, support brackets, or visible
nergy devices that do not conform to the slope of the roof and have a top edge that is not parallel to the roofline; 9. Roof-mounted solar energy devices that have frames, support brackets, or visible piping or wiring containing colors other than silver, bronze, or black tones; 10. Solar energy devices that are located in a fenced yard or patio that are taller than the fence; 11. Solar energy devices that, as installed, void material warranties; and 12. Solar energy devices that were installed without prior approval by the Association or ARC.
If the proposed solar energy devices do not fall within one of the above-prohibited categories, the Association or ARC may not withhold approval of the installation of solar energy devices unless the Association or ARC determines in writing that placement of the solar energy devices, as proposed by the owner, constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to a person of ordinary sensibilities. The written approval of the owner’s proposed location by all owners of adjoining property constitutes prima facie evidence that such a condition does not exist.
I. ROOFING MATERIALS Pursuant to Texas Property Code §202.011, the installation of the following roofing materials is permitted: Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved, This Policy may be used only in connection with the Westridge Cove subdivision and the operation of the Westridge Cove Community Association, Inc.
1. Wind or hail resistant roofing materials; 2. Materials that provide heating and cooling efficiencies greater than those provided by customary composite shingles; or 3. Materials that provide solar generation capabilities.
t roofing materials; 2. Materials that provide heating and cooling efficiencies greater than those provided by customary composite shingles; or 3. Materials that provide solar generation capabilities.
The above-enumerated acceptable materials, when installed, must: 1. | Resemble the shingles used or otherwise authorized for use within the subdivision; 2. Be more durable than, and of equal or superior quality to, the shingles authorized for use within the subdivision; and 3. Match the aesthetics of the property surrounding the owner’s property.
I. ARC APPROVAL An applicant’s submission of plans must include a completed application for ARC review, a site plan and/or roof plan showing the proposed location of the improvement, along with pictures showing the location of the modification and the manufacturer’s brochures or sample of material, if applicable. The color of the materials being used in relation to the roof or house color, the visibility from public streets and neighboring properties/common areas and any noise created and/or light reflected are of specific concern to the Association and the ARC.
Any installation not in compliance with this Policy will be considered a violation of the dedicatory instruments governing the subdivision.
This Policy does not apply to property that is owned or maintained by the Association.
[SIGNATURE PAGE FOLLOWS] Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved.
This Policy may be used only in connection with the Westridge Cove subdivision and the operation of the Westridge Cove Community Association, Inc.
CERTIFICATION 1 hereby certify that, as Pe Sidtunt of the Westridge Cove Community Association, Inc., the foregoing Solar Energy Devices and Roofing Materials Policy was
ve Community Association, Inc.
CERTIFICATION 1 hereby certify that, as Pe Sidtunt of the Westridge Cove Community Association, Inc., the foregoing Solar Energy Devices and Roofing Materials Policy was approved on the day of DELLIM Wer, 2021, at a meeting of the Board of Directors at which a quorum was present.
DATED, this the © day of DEC aM Dev STATE OF TEXAS § -, § COUNTY OF HQAYKAS § of the Westridge Cove Community Association, Inc., known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that s/he executed the same for the purposes herein expressed, in the capacity herein stated, and as the act and deed of said corporation.
Given under my hand and seal this the 2 day of | YY (2M he NM, 2021.
Notary Public — Ay. of Texas LINDSEY KUCERA Notary ID #129614853 My Commission Expires October 9, 2022 After Recording Return To: Lisa L. Gambrell Isabella L. Vickers Roberts Markel Weinberg Butler Hailey PC 2800 Post Oak Boulevard, 57th Floor Houston, Texas 77056 Copyright © 2021 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved, This Policy may be used only in connection with the Westridge Cove subdivision and the operation of the Westridge Cove Community Association, Inc.
Doc #: 2022017892 E-FILED FOR RECORD 02/11/2022 02:49PM VA COUNTY CLERK MONTGOMERY COUNTY, TEXAS STATE OF TEXAS, COUNTY OF MONTGOMERY | hereby certify that this instrument was e-filed in the file number sequence on the date and time stamped herein by me and was duly e-RECORDED in the Official Public Records of Montgomery County, Texas.
02/11/2022 County Clerk Montgomery County, Texas Pages 5