3 FILED FOR RECORD-HARDIN COUNTY, TEXAS INST NO.2023-132632 Filed: 01/04/2023 at 08:25:00 AN WOOSLEY PALMS HOMEOWNERS' ASSOCIATION GUIDELINES FOR SOLAR ENERGY DEVICES STATE OF TEXAS COUNTY OF HARDIN KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Woosley Palms Homeowners' Association ("Association") is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the recorded Declarations for the various sections of the community (referred to collectively as "Declarations"); and WHEREAS, chapter 202 of the Texas Property Code was amended effective June 17, 2011, to add Section 202.010 ("Section 202.010") thereto dealing with the regulation of solar energy devices; and WHEREAS, the Board of Directors of the Association ("Board") has determined that in connection with maintaining the aesthetics and architectural harmony of the community, and to provide clear and definitive guidance regarding solar energy devices therein, it is appropriate for the Association to adopt guidelines regarding solar energy devices within the community.
NOW, THEREFORE, the Board has duly adopted the following Guidelines for Solar Energy Devices within the community.
1.
2.
3.
These guidelines apply to solar energy devices ("Devices") as defined in Section 171.107(a) of the Texas Tax Code. A solar energy device means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
Such Devices may only be installed with advance written approval of the
hemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
Such Devices may only be installed with advance written approval of the Architectural Review Committee ("ARC") subject to these guidelines.
Any such Device must be installed on land or structures owned by the property owner. No portion of the Devices may encroach on adjacent properties or common areas.
4.
Such Devices may only be installed in the following locations: a. on the roof of the main residential dwelling; or b.
on the roof of any other approved structure; or C.
within a fenced yard or patio.
5.
a.
For Devices mounted on a roof, the Device must: have no portion of the Device higher that the roof section to which it is attached; and b.
have no portion ofthe Device extend beyond the perimeter boundary of the roof section to which it is attached; and C. conform to the slope of the roof; and 1 Woosley Palms Homeowners' Association Guidelines for Solar Energy Devices Page 2 of 3 6.
7.
d.
e.
f.
be aligned so the top edge of the Device is parallel to the roof ridge line for the roof section to which it is attached; and have a frame, brackets and visible piping or wiring that is a color to match the roof shingles or a silver, bronze or black tone commonly available in the marketplace; and be located in a position on the roof which is least visible from any street or common area (rear of the house), so long as such location does not reduce estimated annual energy production more than 10% over alternative roof locations (as determined by a publically available modeling tool provided by the National Renewable Energy Laboratory [www.nrel.gov] or equivalent entity). Inputs to and results
over alternative roof locations (as determined by a publically available modeling tool provided by the National Renewable Energy Laboratory [www.nrel.gov] or equivalent entity). Inputs to and results from this tool must be provided to the ARC along with the request described in section 2 above if the installation requested is for a location visible from either the street in front of or along side of the house. Further, these inputs must be supported by product technical information provided by the equipment manufacturer and confirmed in writing by the installer.
For Devices located in a fenced yard or patio, no portion of the Device may extend above the top of the fence. If the fence is not a solid fence which blocks view of the Device, the Association may require the Device be placed in a location behind a structure or otherwise require visual screening.
All Devices must be installed in compliance with manufacturer's instruction and in a manner which does not void material warranties. Licensed craftsmen must be used where required by law. Permits must be obtained from the City of Lumberton and any other entity where required by law.
Installed Devices may not: 8.
a.
threaten public health or safety; or b.
violate any law; or C.
substantially interfere with the use and enjoyment of land by causing unreasonable discomfort or annoyance to any adjoining property owner.
9.
All Devices must be maintained in good repair. Unused or inoperable Devices must be removed.
The guidelines are effective upon recordation in the Public Records of Hardin County, and supersede any guidelines for solar energy devices which may have previously been in effect.
Except as affected by Section 202.010 and/or by these guidelines, all other provisions contained in
nty, and supersede any guidelines for solar energy devices which may have previously been in effect.
Except as affected by Section 202.010 and/or by these guidelines, all other provisions contained in the Declarations or any other dedicatory instruments of the Association shall remain in full force and effect.
Approved and adopted by the Board on this 16.
day of December 2022.
Woosley Palms Homeowners' Association 2 Greg Dicke, President Woosley Palms Homeowners' Association Guidelines for Solar Energy Devices Page 3 of 3 STATE OF TEXAS § COUNTY OF HARDIN Before me, the undersigned authority, on this day personally appeared Greg Dicke, President of Woosley Palms Homeowners' Association, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he/she had executed the same as the act of said corporation for the purpose and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this 16th day of December 2022.
MICHELLE HIGHTOWER Notary Public, State of Texas Comm. Expires 03-26-2025 Notary ID 1183651-5 Notary Public, State of Texas Michelle Hightower My commission expires: 03-26-2025 After recording, please return to: Greg Dicke 109 Sinaloa Ave.
Lumberton, Texas 77657 3 2023-132632 CONNIE BECTON COUNTY CLERK 2023 Jan 04 at 09:25 AM HARDIN COUNTY, TEXAS By: BJ, DEPUTY