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Buildings:
- No instance shall a
building be located nearer to the front property line than 20'
unless approved in writing by the Architectural Control Committee
(ACC).
- No
structures of a temporary character, whether trailer, basement,
tent, shack garage, barn or other outbuilding shall be maintained or
used on any Lot at any time as a residence, or for any other
purpose, with one exception of lawn storage or children’s
playhouses which have received ACC approval.
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Motor
vehicles etc.:
- No
motor vehicles may be parked or stored on any part of any Lot unless
vehicle does not exceed either 6'6" inches in height, and/or
7'6" in width and/or 21' in length and is concealed from public
view inside a garage or other approved enclosure.
- Automobiles,
passenger vans (the term “passenger vans” specifically excludes
motor homes and recreation vehicles), motorcycles, pickup trucks, or
pick-up trucks with attached bed campers, that are in operating
condition, having current license plates and inspection stickers,
and are in daily use as motor vehicles on the streets and highways
of the State of Texas and do not exceed either 6'6" in height,
and/or 7'6" in width, and/or 21' in length are permitted.
- No
non-motorized vehicle, trailer, boat, marine craft, hovercraft,
aircraft, machinery or equipment of any kind may be parked or
stored, on any part of any Lot or in the street adjacent to such
Lot, unless such object is concealed from public view inside a
garage or other approved enclosure.
- One
boat, marine craft or other water craft, inclusive of boat trailers
or other support, not exceeding 9' in height, measured from the
ground to the tallest point of the craft, whether positioned on a
trailer, the ground or other support, may be parked or stored in the
back yard of any Lot. Any
owner or occupant storing a craft in the back yard agrees and
consents to provide measurements, type, make and serial number of
the craft, trailer, and supports, if any, to the Association upon
written request of any of its Directors or Officers.
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Conduct
and Pets:
- No
noxious or offensive activity of any sort shall be permitted nor
shall anything be done on any Lot which may be, or may become, an
annoyance or a nuisance to the neighborhood.
- No
animals, livestock or poultry or any kind shall be raised, bred or
kept on any Lot, except that dogs, cats or other common household
pets may be kept, provided that they are not kept, bred or
maintained for commercial purposes.
- No more than two of each species of pet will be permitted on
each Lot. If common
household pets are kept, they must be confined to a fenced backyard
(such fence shall encompass the entire backyard) or within the
house.
- When away from
the Lot, the pet must be on a leash at all times.
It is the pet owner’s responsibility to keep the Lot and
any other property in the subdivision clean and free of pet debris.
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Neighborhood
appearance and Variances:
- No
hedge in excess of 3' in height, walls or fence shall be erected or
maintained nearer to the front of the Lot than the plane of the
front exterior wall of the residential structure.
No side or rear fence, wall, or hedge shall be more than 6'
height.
- No
chain link fences shall be placed on any Lot without the express
prior approval in writing of the Architectural Control Committee,
such approval to be granted as hereinafter provided, except to
enclose a swimming pool, if such chain link fence is not visible
from any street.
- All
houses and other improvements shall be maintained in a manner
satisfactory to the Board of Directors of Arcadia
Park Homeowners Association.
- The Owners or occupants of all Lots shall at all times keep
all weeds and grass cut in a sanitary, healthful and attractive
manner and edge curbs that run along the property lines.
- All
fences, shall be maintained in good repair and Owner shall promptly
repair or replace the fence in the event of partial or total
destruction.
- The
drying of clothes in full public view is prohibited.
- The
Association may enter onto any Lot and/or improvements and cut the
weeds and grass, edge the lawn around the curb, remove garbage,
trash and rubbish or do any other thing necessary to secure
compliance with these restrictions.
The Association may render a statement to charge the Owner or
occupant for the cost of such work.
The
Association, its agents and employees shall not be liable and are
expressly relieved from any liability, for trespass or other tort in
connection with the performance of the exterior maintenance and
other work authorized.
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No
building, fence, wall, structure, improvement, exterior
appurtenance, or exterior corporeal hereditament, except landscaping,
shall be commenced, erected, placed, or altered on any Lot, nor
shall any exterior addition to or change or alteration, other than
landscaping, until the construction plans and specifications
describing the nature, kind, shape, height, materials and a plot
plan showing the location of same, have been approved in writing as
to harmony of exterior design and color with existing structures, as
to location with respect to topography and finished ground
elevation, and as to compliance with minimum construction standards
by the Architectural Control Committee (ACC).
A copy of the construction plans and specifications, together
with such information as may be deemed pertinent, shall be submitted
to the ACC prior to commencement of construction. The ACC may require the submission of such plans,
specifications, together with such other documents as it deems
appropriate, in such form and detail as it may elect at its entire
discretion.
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The
Architectural Control Committee
shall have full and complete authority to approve construction of
any improvement on any Lot, and its judgment shall be final and
conclusive.
- Any
request for a variance shall be deemed to have been disapproved
in the event of either (a) written notice of disapproval from the
Architectural Control Committee; or (b) failure by the Architectural
Control Committee to respond to the request for variance.
- Trellises,
window boxes, arbors, and permanent brick borders must have
ACC approval.
- Landscape
timbers and bricks without mortar do not need ACC approval
unless they exceed a height of 2'.
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Association
rights and Conduct:
- The purpose of the Association is to promote the
health, safety and welfare of the Members and to protect and enhance
the value of the Property, including, without limitation, providing
for the management, maintenance, repair and
replacement of the Community Facilities.
-
The
Association does not contemplate pecuniary gain or profit to its
Members.
- The
Association may make whatever rules or bylaws it may choose to
govern the organization; provided, however, that same are not in
conflict with the terms and provisions of the CC&R's.
- The
members of the Association shall have the right to inspect the books
and records of the Association at reasonable times during normal
business hours.
- The
assessments levied by the Association shall be used exclusively to
promote the health, safety, and welfare of the residents in the
Properties and for the improvement and maintenance of common areas,
if any.
- When more
than one person holds interest in any lot, all persons shall be
members. The vote for such lot shall be exercised as they among
themselves determine, but in no event shall more than one vote be
cast with respect to any lot.
- Votes may be cast by written proxy or by ballot.
Written proxies may be submitted by United States mail or delivered
to the office of the Association or delivered directly to the
Secretary of the Association. A proxy vote shall be defined as a
written vote submitted by a Member which either states the specific
vote of the Member with respect to the issues, resolutions or
election being voted on by the Members at the annual or special
meeting or which is written permission for the Board of Directors or
a specific Director to exercise the Member's vote(s) as the Board of
Directors or the specific Director sees fit. To be valid, proxies,
must be duly executed by the Member or the appropriate person whose
name appears on a certificate on file with the Association and must
be received by the Secretary no later than 4:00 p.m. of the day
before the meeting for which the proxy is specified to be effective.
- Annual meetings of the Members shall be held each year
on a date as shall be fixed by the Board of Directors.
- The Directors shall serve without compensation.
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Assessments:
- Assessments
are payable quarterly, due January 1, April 1, July 1
and October 1.
- Assessments are delinquent thirty days past due date.
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No sooner than
thirty (30) days beyond the due date,
the Association will send a late notice to the Owner, at
Owner’s expense, stating an assessment is outstanding, including
in the notice the address and telephone number of a person who may
be contacted regarding payment of the assessment.
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No sooner than sixty
(60) days beyond the due date, the Association will send a Notice of Delinquency
to the Owner, by certified and first-class mail,
stating interest and all fees during this collection process
shall become the responsibility
of the of the Unit Owner.
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No sooner than
ninety (90) days beyond the due date, the account will be referred to an attorney for
collection, and legal fees incurred will be added to the account.
This letter will include the amount
of the unpaid assessments, the accrued interest and the handling
charges incurred.
- Any
assessment not paid within 30 days after the due date shall bear
interest from the due date at the rate of 10% annually.
- The Association may bring an action at law against the Owner
personally obligated to pay, or foreclose the lien against
the property.
- No Owner
may waive or otherwise escape liability for the assessments by non-use of the facilities or services provided by the
Association or by abandonment of his Lot.
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Conflict:
- In
the case of any conflict between the Articles of Incorporation (AOI)
and the Declaration of Covenants, Conditions and Restrictions, the
Declaration of Covenants, Conditions and Restrictions shall control.
- In the case of any conflict between the
By-law’s of the
Association and Declaration of Covenants, Conditions and
Restrictions, the Declaration of Covenants, Conditions and
Restrictions shall control.
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