Declarations A - Westover Park

Declarations
ROBERTS, MARKEL, FOLGER & GuFRRY,
L.L.P.
Attorneys And CounselorsAt Law
2500 City West Boulevard, Suite 1350
Houston, Texas 77042
Telephone (713) 840-1666
Facsimile (713) 840-9404
wwwrmflaw corn
Jeffrey D Roberts
Marc D Markel
Alan B Folger
Theodore L Guerry
Ross Asher
John Bradley Mitchell
Stephanie L Quade
Clayton R. Hearn
NancyM Bell
Cameron T Cooke
Diane C Bistodeau
Tamara L Simich
Lisa L Gambrell
Of Counsel
Richard S Crowther
StephanieL. Quade
Attorney at Law
Member, College ofthe
State Bar of Texas
February 20, 2002
Mr. Jon Belanger
Cypressbrook Development
1610 Woodstead Ct., Suite 240
The Woodlands,TX 77380
RE
Declarationof Covenants, Conditions andRestrctionsfor Westover Park
OurFileNo 1688-001
Dear Jon
Please find enclosed a copy of the recorded Declaration for Westover Park. Please note
that this document was recorded as of January 17, 2002 under Galveston County Clerk's File No
2002003340
The origmal recorded document will be kept m the Westover Park permanent file m our
office unless you instruct me differently If you have any questions, please do not hesitate to
call
Very truly yours,
Stephanie L Quade
SLQ
Enclosure
R \REAL\DEVELOP\Westover\Ltr-JBS doc
FOR 2,0302iA3340 i pg,
01 6-47-093 1
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
VESTOVER PARK
016-47-0932
TABLE OF CONTENTS
ARTICLE I.
DEFINITIONS OF TERMS .................................
2
ARTICLE II.
PURPOSE AND INTENT .................................
6
ARTICLE III.
PROPERTY SUBJECT TO RESTRICTIONS .................................
6
A
B
C
EXHIBIT "A"
6
..
6
ANNEXATION OF ADDITIONAL PROPERTY.
ARTICLE IV.
A
8
MEMBERSIUP AND VOTING RIGHTS.
ELIGIBILITY.......
...................................................................... .......
MEMBERSHIP ......
VOTING RIGHTS .........
B
C
I
2
D
Class A Membership
Class B Membership
VOTING PROCEDURES ...
SUBASSOCIATION .....
E
.
7
. .
..
8
. 88.........
EFFECTIVE DATE OF DECLARATION .10
ARTICLE VI.
USE RESTRICTIONS .10
RESIDENTIAL USES PERMITTED ....................
... .........
.
NON-PERMITTED USES ......
.......................
........
.... ....................... .................... .....
D
E
........ ......... ...................... ...... .
....... .1.... . ........ . .... ... ........ ...... .... ....... . ...
SCREENING.
..
OUTSIDE STORAGE AND TRASH COLLECTON.
F
NOTICES AND EASEMENTS . . .....
.
9
.
9
100....
.101......0..
0............
...1111...............
.12
1.
14
14
PARKING AND PROHIBITED VEHICLES ... ................
1
2
3
4
5
6
7
8.
9
G
15
.
.
.
Utilities and General
Maintenance
Reserves
Landscape
Easementsfor Green Belt and
..
Easements to Serve Additional Property
.
. .17
Monuments and Fences
. .
.
.
Jogging Trail
.. .
Adjacent Property
.
Storm Sewer Easement
.
DrainageEasement
.
.
Zone "A"
15
.
.
.
16
17
.19
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.
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..
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19
20
20
21
. . . .. .... ... . ........... . . . ................ ....... ..... 21
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.
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23
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RESERVATION OF MINERALS..
......... 23
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.
.
.
.
.
. . . ........ .. .. ...................................
...
.
COMMON AREAS...
. .. 23
.
.....
...... .......... . . .............
.
..... .
WINDOW TREATMENTS ...
... 24
..
DEED RESTRICTION ENFORCEMENT.....
SIGNS .
H
I
J
K
1
2
3
4
L
99..
. .
.
....
.... ...................... ......... ....... ..... .................. .. ..... ..
.........................................................................................
ARTICLE V.
A
B.
C
7
. ........ ...... .. .......
NEIGHBORHOOD ASSESSMENT..
Authority to Promulgate Rules and Regulations
Attorney'sFees and Fines
Remedies
Enforcement by Owners
ANTENNAS
.
...
.
24
24
24
25
25
016-47-0933
26
M
GENERAL NUISANCES
N
0
S
...
TREE REMOVAL
ANIMALS AND PETS.....27
....
SWIMMING POOLS/SPAS
OUT BUILDINGs/ACCEssoRY BUILDINGS ...........................
.......
WINDow AIR CONDITIONING UNITS......
....
FLAGPOLES...
T
ExTERioR HOLIDAY
P
Q
R
...
DEcoRATioNs .
.27
28
.
28
29
29
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.
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28
...
30
ARTICLE Vl. - ARCIHITECTURAL RESTRICTIONS .................................
A
ARcHiTEcTURAL REvIEW COMMITTEE ARC APPROVAL REQuiRED ......
BuILDING SETBACKS..........................33
SIDEWALKS.
......................
LANDSCAPING ..
..
GRADING AND DRAINAGE ........
..
TEMPoRARY STRucTuREs .
B.
C
D
E
F
G
H
30
"ARC"......
31
. ..... ..
......
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. ...
...33 ...
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34
34
.............................
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...
...
..
........
........
.
34
.....................
35
GARAGEs...........................
ARTICLE VIII.
35
MAINTENANCE ...................................................
A
GENERAL MAINTENANCE.35
B
LANDSCAPING..35
C
DWELLING ExTERiOR ........................................................
.................
...............
..
...
...
OTHER HAzARDs ..
LIABILITY, COST AND APPROVAL................................................36
D
E.
36
.36
...
37
ARTICLE IX.
STANDARDS AND PROCEDURES ...................................
ARTICLE X.
VARIA,NCES.......................................................37
ARTICLE M.
LIMITATION OF L&IAIILITY........................................38
ARTICLE XII.
ASSESSMIENTS ....................................................
38
38
39
A
CREATION OF THE LIEN AND PERSONAL OBLIGATION OF AsSESSMENTS .....
.. .......
. ..
B PURPOSE OF AsSESSMENTS . .........
......
...
.
....
.......
..
..
.
...
C ANNUAL AsSESSMENT
1
Creation
Rate
2
.
..
..
..
40
40
.
.40
3
4
S
D
E
F
G
H
I
40
Commencement
Proration
Levying of the Assessment
.41
.41
SPECIAL AsSESSMENTS FOR CAPITAL INPROVEMENTS ..
NEIGHBoRHooD AssEssmENTs..
COLLECTION AND REmEDIES FOR ASSESSMENTS..42
SUBORDINATION OF THELiEN ToFIRST MORTGAGES..44
EXEMPT PROPERTIES..
42
...
42
45
....
. ....
NOTICE OF DELINQUENCY......
ARTICLE XIIII.
..
..............
45
MODIFICATION AND TERMINATION OF COVENANTS...............46
11
U16-4/-0934
ARTICLE XIV.
A
B
C
D
E
DISPUTE RESOLUTION .........
OUTSIDE MEDIATOR...46
MEDIATION ISNOT A WAIVER.
ASSESSMENT COLLECTION.
....
TERM
ARTICLE XV.
46
ALTERNATE DISPUTE RESOLUTION ............................................
.... .
.
.
.46
47
47
47.......
.. . ..... . ................ ................ 47
..
.. ..
GENERAL PROVISIONS .48
I
48
... .. ... ....... .. .. 48
COMPLIANCE WITH LAWS . .........
48
.............. ......... ...
. . ...............................
.
. .
GENDER AND NUMBER ....... .
.. 48
HEADLINES .. ......... . ...... . . ........... ... ......................... .... ................ ....... .. .
.. 49
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GOVERNING LAW.. ..... .
..
............
.
...
4.49
. .9.
.......
FINES FOR VIOLATIONS ........... .. ......... ... .......................... ....
. ..................
.................... ...... 4..9.......
49
BooKs AND RECORDS...........
..
... 49
4....................
NOTICES..............
............ ... .. 49
4...
9..................
... . ...
MERGERS ... ................... ...... .. ...... . ...
J
K
CURRENT ADDRESS AND OCCUPANTS ...............
SECURITY..
A
B
C
D
E
F
G
H
...............
SEVERABiLITY .....
1i
..... . ..... .
.
.
.................. ................ ....
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. 50
50
01 6-47-0935
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
VESTOVER PARK
STATE OF TEXAS
§
§
COUNTY OF GALVESTON §
THIS DECLARATION is made on the date heremafter set forth by Westover Park Development,
L P (the "Declarant") a lhmited partnershlp organized under the laws of Texas;
WITNESSETH:
WHEREAS, Declarant is the owner of certain property m Galveston County, Texas known as
Westover Park, a subdivision more particularly described on the attached Exhibit "A" (heremafter
referred to as the "Property") along with any additionally annexed property; and
WHEREAS, Declarant desires to develop the Property as a residential subdivision, and to
provide and adopt a umform plan of development mcludmg assessments, conditions, covenants,
easements, reservations, and restrictions designed to govern, control and preserve the values and
amemtles of the Property for the development, improvement, sale, common welfare of the commumty,
and the use and enjoyment of the Property as a residential subdivision, and
WHEREAS, Declarant desires to subject the Property, together with additional land as may
heremafter be made subject hereto, to the assessments, conditions, covenants, easements, reservations,
and restnctions hereinafter set forth, for the benefit of the Property, additions thereto, and each Owner of
any part thereof, andc
01 6-47-0936
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the amemties in
said subdivision and enforcement of this Declaration, to create an Association (hereinafter defined) to
which shall be delegated and assigned the power of admiisterng and enforcmg these assessments,
conditions, covenants, easements, reservations and restrictions, mcluding levyig, collectmg and
disbursing the assessments, and
WHEREAS, there has been or will be mcorporated one or more non-profit corporations created
under the laws of the State of Texas, mcludmg the first being the Westover Park Commumty
Association, Inc., whose directors have established By-Laws by which said Association shall be
governed through its Board of Directors, for the purpose of exercismg the functions aforesaid and any
other duties as set out m the By-Laws and/or other dedicatory instruments.
NOW THEREFORE, Declarant hereby declares that the Property shall be developed, improved,
sold, used and enjoyed m accordance with, and subject to the followmg plan of development, mcludmg
the assessments, conditions, covenants, easements, reservations, and restnctions heremafter set forth, all
of which are hereby adopted for, and placed upon said Property and shall run with the Property and be
bmdmg on all parties, now and at anytime heremafter, havmg or claiming any right,.title or mterest
in
the Property or any part thereof, their heirs, executors, administrators, successors and assigns, regardless
of the source of, or the manner m which any such nght, title or interest is or may be acquired, and shall
mure to the benefit of each Owner of any part of the Property.
The Property is subject to tils Declaration and to the City of League City Zoning Ordinances If
any conflict exists between all or any portion of the two, the more restrictive provision shall control
ARTICLE I.
DEFINITIONS OF TERMS
The followmg words when used herem shall have the following meamngs when capitalized
(unless the context requires otherwise and the term is then not capitalized)
2
A
"ARC" means the Architectural Review Comnmttee established for the Property as set forth m
Article VII, Section A
B
"Architectural Guidelmes" mean a publication of the ARC, if any, that may set forth various
standards relatng to exterior harmony of any and all improvements placed upon or constructed
on any Lot, which publication may be amended without notice to owners
C
"Assessment" means the assessment levied against all Lots for the purposes set out m Article
XII, Section C, or for any other charge authorized by thls Declaration, the By-Laws, or Rules
and Regulations
D
"Association" means WES lOVER PARK COMMUNITY ASSOCIATION, INC, a Texas
non-profit corporation, its successors and assigns, which has junsdiction over all properties
located wlthin the land encumbered under thls Declaration
E
"Board" means the duly elected Board of Directors of the Association as provided within the
By-Laws
F
"Builder" means an individual or entity that purchases multiple Lots from the Declarant for the
purpose of constructmg Dwellings thereon, whlch Dwellings will be nffered for sale to
purchasers.
"Builder" shall not include an mdlvidual or entity constructing additions onto a
Dwellmg already m existence, performing repairs or mamtenance or re-constructing or
replacing a Dwellmg after demotion or destruction, either partial or complete
G
"Buildmg Guidelmes" means general guidelines, if any, as to construction types and aesthetics
as set by the ARC, which may be changed without notice to the Owners
H
"By-Laws" means the By-Laws of Westover Park Commumty Association, Inc., as they may
be amended from time to time
3
016-47-0938
I
"Common Area" means all real property owned m fee or held m easement by the Association
for the common use and enjoyment of the Owners and shall mclude areas designated by
Declarant to be conveyed by deed or easement to the-Association
J
"Declarant" means Westover Park Development, L.P its successors and assigns, as may be
evidenced by a written mstrument recorded in the public records of the Galveston County
Clerk's office
K
"Declaration" means this Declaration of Covenants, Conditions, and Restrictions for Westover
Park or any other property brought under the control of this document, or any supplemental
declaration and/or amendment thereto
L
"Dwelling" means a structure or structures intended for residential use
M
"Homesite" means one or more Lots upon which a smgle family Dwelling may be erected
sublect to this Declaration
N
"Lot" means a parcel of the Property as defined by the recorded plats and/or any replats
thereof as one Lot m the official records of Galveston County, Texas, and encumbered by thls
Declaration Homesites may be comprised of more than one Lot, each such Lot will be subject
to the rights and duties of membership m the Association
There shall be an assessment due
for each Lot owned as defined by the then plat of record
0
"Member" means an Owner who is in good standmg per Article IV, Section A "Membership"
P
"Neighborhood" means a residential area as designated by the Declarant and may be comprised
of one or more housmg types in which owners have certam common mterests other than those
common to all Members
Q
"Neighborhood Assessment" means an assessment that may be levied under Article XI, Section
E agamst all Lots in a Neighborhood
A
016-47-0939
R
"Owner" means an owner of any portion of the Property Persons or entities holdmg title only
as a lienholder shall not be an Owner for purposes of thls Declaration
S
"Property" means all of the property subject to this Declaration, as more properly described on
attached Exhlbit "A", which Exhibit "A" may be amended and/or supplemented from time to
time as additional property is annexed into Westover Park as allowed under this Declaration
T
"Recreational Sites" means Common Area Property that is set aside for use as recreational
facilities, reserves, or green space and is encumbered by thls Declaration, a recorded plat, or
both,
U
"Section One Plat" means the recorded plat for Westover Park Section One, a subdivision out
of the John Dickmson Survey, Abstract No 9, Galveston County, Texas, accordmg to the map or
plat thereof, filed on the 4t day of January, 2002, for Westover Park Section One in Book 18.
Maps 1259 and 1260 in the Galveston County Map Records.
V
"Section Two Plat" means the recorded plat for Westover Park Section Two, a subdivision out
of the John Dickmson Survey, Abstract No 9, Galveston County, Texas, according to the map or
plat thereof, filed on the 4t day of January, 2002, for Westover Park Section Two in Book 18,
Maps 1261 and 1262.
W.
"Special Assessment" means an assessment levied under Article XII, Section D for a specific
purpose
X
"Subassociation" shall mean and refer to a property owners association, incorporated as a nonprofit corporation, comprised of the Owners withm a Neighborhood, for the purpose of
assessmg and collectmg Neighborhood Assessments, mamtammg, repairmg, and operating the
Common Areas with the Neighborhood
The Subassociation shall be operated and managed
pursuant to the provisions of its By-Laws
5
016-47-0940
Y
"Transfer Date" means such tume as all of the Lots m the Property, and m all other future
sections of Westover Park (as currently or hereafter contemplated and subsequently platted,
from tume to tune) and the entirety of the annexable area as set out m Article IlI B of the
Declaration, are owned by persons or entities other than the Declarant
Z
"Westover Park" means the Westover Park Subdivision, located m League City, Galveston
County, Texas
The Westover Park Subdivision is more particularly descnbed as the land set
forth m Exhibit "A" attached hereto, which may be amended and/or supplemented as
additional land is annexed mto the subdivision by the recordmg of a supplemental amendment
to this Declaration
ARTICLE II.
PURPOSE AND INTENT
Westover Park, as imtially planned, is mtended to be a residential development that is planned to
feature residential uses and provide for the common welfare of the community. Adjacent to the northem
perimeter of the Section One Plat and the Section Two Plat, there are tracts of land which are presently
not mtended to be part of the residential commumty nor presently mtended for residential use, but which
the Declarant reserves the right to annex into Westover Park
Tils Declaration shall serve as the means by which design, maintenance and use of the Property
anticipated to be a part of Westover Park will be established
ARTICLE m.
A
PROPERTY SUBJECT TO RESTRICTIONS
Exhibit "A"
Exhibit "A" contams the Property that is imtially encumbered by thus Declaration
B
Annexation of Additional Property
Without the jomnder of any other Owners or Members, the Declarant reserves the exclusive
right until the Transfer Date or upon the termnation of Class "B" Membership pursuant to Article IV,
)
01 6-47-0941
Section C, whiciiever occurs tirst, to annex any additional property
Such annexation shall be
accomplished by the execution and filmg for record of a supplemental amendment to this Declaration
setting forth the land bemg annexed and/or the specific restrictions relatmg to such property, if
different, provided the maintenance fee provision shall be umform as to all Lots
The rnght- of the Declarant to annex land under this Section shall pass to the Association upon
the Transfer Date or upon the termmation of Class "B" Membership pursuant to Article IV, Section
C, whichever occurs first.
C
Neighborhood Assessment
The Declarant shall have the nght to establish and assess Neighborhood Assessments secured by
a contmumg lien agamst the Homesite and all Lots m the specified Neighborhood
Said Neighborhood
Assessments shall be to pay for expenses for certain amemties only available to a partcular
Neighborhood.
Each Neighborhood, upon the affirmative vote, written consent, or a combmation thereof of the
Owners of a majority of the Lots m such Neighborhood, may require that the Association provide a
higher level of services or special services for the benefit of such Neighborhood
In such event, the
Association shall provide such services and the cost of such services shall be added to the Neighborhood
Assessment, assessed against all Members within such Neighborhood as the Neighborhood Assessment
If a Neighborhood has established a hlgher level of service or special services and no longer desires to
mamtain or pay Neighborhood Assessments for such services, the higher level or special services may
be revoked upon wntten consent of the Owners of a majority of the Lots withm such Neighborhood
subject to any contracts m existence at that time The Neighborhood Assessment shall be secured by the
contmung lien against each Lot and shall be enforceable as an assessment set forth under Article XII,
Section E of tlus Declaration
7
016-47-0942
ARTICLE IV.
A
MIEMBERSHIP AND VOTING RIGHTS
Eligibility
Eligibility to vote or serve as a representative, director or officer, after the expiration of the
term of the intial Board of Directors, shall be predicated upon a Member bemg m good standmg with
the Association
To be m good standmg, the Member must have all assessments of every type and
category paid up to date and have no outstandmg financial obligations to the Association that are
delmquent
Additionally, no Member shall be allowed to vote or hold office if that Member is noted
of record (or withm the records of) the Association to have a deed restriction violation on one or more
Lots m Westover Park.
B
Membership
The sole criteria to become a Member of the Association is to hold title to a Lot withm
Westover Park This is not to imply that any holder of a mere security mterest (such as a mortgagee,
or holder of any other lien against property) would be a Member, unless that holder of the security
interest foreclosed and thereby became the Owner of the Lot(s)
runs with the land
Membership is appurtenant to and
Membershlp is not severable as an individual right and cannot be separately
conveyed to any party or entity Multiple owners of any single Lot must vote m agreement (under any
method they devise among themselves), but m no case shall such multiple Owners cast portions of
votes The vote attributable to any smgle Lot must be voted m the same manner (i.e. all votes for, or
all votes agamst a particular issue)
All duties and obligations set forth in this Declaration are the responsibility of each Member
No waiver of use of rights of enjoyment created by this Declaration shall relieve Members or their
successors or assigns of such duties or obligations. Mandatory membershlp shall begm with the
execution of this Declaration and pass with title to the land (regardless of any method of conveyance)
to any subsequent grantee, successor, or assignee of Members
8
016-47-0943
C
Voting Rights
The Association shall have two classes of membership, Class A and Class B, as follows
1
Class A Membership
Class A Members shall be all Members with the exception of Class B Members, if any Each
Class A Membet's votig rights shall be based on the number of Lots and shall be determined as
follows
One (1) vote shall be granted to Class A Members for each Lot owned.
2.
Class B Membership
Class B Members shall include the Declarant and such Owners as the Declarant may, in its sole
discretion, confer Class B Membership status upon. Each Class B Member's votmg rights shall be
based on the number of Lots owned, and shall be determmed as follows
Ten (10) votes per platted Lot shall be granted to Class B Members.
Declarant shall retain its Class B membership and retain control and authority to appomt all
members of the Board of Directors of the Association until the Transfer Date, or the Declarant desires to
release such control and authonty to the Association as evidenced by an instrument recorded In the Real
Property Records of Galveston County, or January 1, 2025, whichever occurs first. At such time, any
remaimmng Class B Members shall be converted to Class A Members and elections shall be held to elect
the Members of the Board of Directors of the Association pursuant to the provisions of the Articles of
Incorporation and the By-Laws of the Association
D
Votinz Procedures
Class A and Class B members shall exercise their votes as set out m the By-Laws
9
016-47-0944
E
Subassociation
The Declarant may elect to form a Subassociation for the benefit of the Owners of a particular
Neighborhood, which Subassociation may be formed by filmg Articles of Incorporation therefor with
the Secretary of State of Texas or by filmg an amendment to the Declaration, without the necessity of
the joinder of any other person or entity, whereupon all duties, obligations, benefits, liens and nghts
hereunder m favor of the Subassociation shall vest m said corporation or other entity
The
Subassociation may adopt whatever By-Laws it may choose to govern the organizaton or operation of
the Subassociation and the use and enjoyment of the Lots and Common Areas withm its particular
Neighborhood, provided same are not m conflict with the terms and provision hereof. As provided in
Articles IV and XII hereof, upon the creation of the Subassociation, the Subassociation alone shall be
entitled to exercise the rights of the Subassociation created hereunder with respect to Common Areas
of its particular Neighborhood without any further consent or authornzation from the Association, and
the Subassociation alone shall perform all of the duties created hereunder to be performed by the
Association with respect to the Common Areas and the Neighborhood Assessment for the particular
Neighborhood for which the Subassociation is created to admmister.
ARTICLE V.
EFFECTIVE DATE OF DECLARATION
This Declaration shall be effective as of the date thls document is recorded m the Galveston
County Official Public Records of Real Property of Galveston County, Texas
ARTICLE VI.
A
USE RESTRICTIONS
Residential Uses Permitted
Homesites withm Westover Park shall be used exclusively tor single-tamily residential purposes
The term "single family" as used herem shall refer not only to the architectural design of the Dwelling
but also to the permitted number of mhabitants, which shall be limited to a single family, as defined
below No multi-family Dwellmgs may be constructed on any Homesite No buildmg, outbulding or
portion thereof shall be constructed for mcome property, such that tenants would occupy less than the
10
01 6-47-0945
entire Homesite It is permitted for tenants to lease a residence m Westover Park, so long as tenants are
leasmg the entire land and improvements compnsmg the Homesite
No Homesite shall be occupied by more than a smgle nuclear tamily. For purposes of these
restnctions, a smgle nuclear family shall be defined as any number of persons related within the second
degree of consangunity or affimty, living with not more than one (1) person who is not so related as a
smgle household umt and one household employee of such household umt It is not the mtent of the
Declarant to exclude from a Homesite any mdlvidual who is authorized to so remain by any state or
federal law If it is found that this definition, or any other provision contained m this Declaration is
in
violation of any law, then this Section shall be interpreted to be as restnctive as possible to preserve as
much of the onginal section as allowed by law
B
Non-Permitted Uses
1.
No trade or busmess may be conducted m or from any Dwellmg or Homesite, except that
an Owner or occupant may conduct business activities that are merely mcidental to the Owner's
residential use withm a Dwelling so long as (a) the existence or operation of the busmess activity is not
apparent or detectable by sight, sound or smell from outside the Dwellmg, (b) the busmess activity
conforms to all zoning requirements and other restnctive covenants apphcable to the Property; (c) the
busmess activity does not mvolve visitation of the Dwellmg or Homesite by clients, customers, suppliers
or other busmess mvitees or door-to-door solicitation of residents of Westover Park, and (d) the busmess
activity is consistent with the residential character of the Property and does not constitute a nuisance, oT
a hazardous or offensive use, or threaten the security or safety of other residents of Westover Park, as
may be determmed m the sole discretion of the Board A day-care facility, church, nursery, home day
care facility, beauty parlor, barber shop, pre-school, or other similar facilities are expressly prohibited
11
016-47-0946
The terns "busmess" and "trade" as used m this provision shall be construed to have their
ordinary, generally accepted meanigs and shall mclude, without Iimutation, any occupation, work or
activity undertaken on an ongomg basis that mvolves the manufacture or provision of goods for or to
persons other than the provider's family, regardless of whether (i) such activity is engaged m full or
part-time, (ii) such activity is intended to or does not generate a profit, or (iii) a license is required
therefor
Notwithstanding the above, the leasmg of a Dwelling shall not be considered a trade or
business withm the meaning of this Section This Section does not apply to any activity conducted by
the Declarant or by a builder with approval of the Declarant with respect to its development and sale of
the Property
Garage sales or yard sales (or any similar vendmg of merchandise) conducted on any
Homesite more than once per year shall be considered business activity and therefore prohibited
No busmess vehicles displaymg commercial signs or advertising shall be permitted to be parked
withm public view m residential sections of Westover Park, other than service vehicles contracted by
owners of Homesites to perform specific services.
No vehicles with more than two axles shall be
permitted to be parked or stored for a period m excess of twelve (12) hours per week in a residential
section of Westover Park, without pnor wntten permission of the Association, whose approval will be
issued at its sole and absolute discretion
2
No livestock, domestic or wild ammals, nor plants or crops shall be raised on any
Homesite or the Property for the purpose of breeding or selling same, whether for profit or not
Exchange of such ammals, plants or produce for anything of value to the seller shall constitute a sale of
the merchandise and therefore prohibited under this provision
C
Parking and Prohibited Vehicles
No motor vehicles or non-motorized vehicle, boat, trailer, marme craft, recreational vehicle,
camper ng off of truck, hovercraft, aircraft, machmnery or equipment of any kmd may be parked or
12
01 6-47-0947
stored on any part of any Lot, easement or right-of-way, unless such vehicle or object is completely
concealed from public view mside a garage or enclosure approved by the ARC Passenger automobiles,
(a) are m operatmg condition, (b) as qualified by
passenger vans, motorcycles, or pick-up trucks that
current vehicle registration and inspection stickers, (c) are m daily use as motor vehlcles on the streets
and highways of the State of Texas; (d) do not exceed sLx feet mne mches (6'9") m height, or eight feet
(8') m width and (e) have no commercial advertising located thereon, may be parked m the driveway on
a Lot, however, no vehicle shall be parked so as to obstruct or block a sidewalk or be parked on a grassy
area The restnction concerning commercial advertismg shall not apply to any vehicles, machmery, or
equipment temporanly parked and in use for the construction, repair or mamtenance of a house or
houses in the immediate vicinity Storage of any vehicles m the street is prohibited Storage shall mean
the parking of a vehlcle for more than seven (7) days m any calendar month
No more than three (3) vehicles (passenger cars or non-commercial trucks or vans consistent
with the residential use of a Homesite) may be parked on the driveway of a Homesite at any tume. Such
vehicles to be parked on a Homesite must meet the restnctions of thls Declaration and at all times be
operable, unless otherwise completely concealed m an enclosed garage, have current license tags, state
mspection stickers, and comply with current mandatory msurance under the laws of the State of Texas
Any vehicle not m daily use as a motor vehicle on the streets and highways of the State of Texas and not
m compliance with the foregomg shall be considered stored on the property and such storage is strictly
prohibited unless same is completely concealed in an enclosed garage
No vehicle that cannot
physically fit within the designed garage of the Dwelling with the door closed will be construed as a
vehicle mcident to residential use of a Homesite
Additional rules and regulations for the use,
mamtenance, and parkmg on pnvate and/or public streets may be promulgated by the Association
13
016-47-0948
Recreational vehicles, such as mobile homes, campers, and boats are not considered vehicles
incident to the residential use of a Homesite and therefore are not permitted to be stored on Homesites
for any penod of time greater than seventy-two (72) hours
A recreational vehicle with not more than
two (2) axles may be parked m front of or on the Homesite for up to seventy-two (72) hours for loadmg,
and unloading only
Parkmg of any vehicle other than in a driveway or withm an enclosed garage of a Homesite or
other paved area provided for parkmg is expressly prohibited
D
Screening
No Member or occupant of any portion of the Property shall permit the keeping of aratcles,
goods, matenals, refuse, trash, storage tanks, or like equipment on the Property which may be
considered a nuisance or hazard in the sole opinion of the Board of Directors Air-conditioners, garbage
containers, antennas to the extent reasonably possible and pursuant to Article VI, Section L Antennas,
or like equipment, shall not be kept m the open, exposed to public view, or exposed to view from
adjacent Homesites
Air conditioners, garbage contamers, and antennas to the extent reasonably
possible and pursuant to Article VI, Section L. Antennas, or like equipment must be screened from view
and placed in a location first approved m wntmg by the ARC. Such screen shall be of a height at least
equal to that of the matenals or equipment bemg stored, but m no event shall such screen be more than
six feet (6') m height
Added screening must also be provided to shield such stored matenals and
equipment from grade view from adjacent Dwellmgs
E
Outside Storage and Trash Collection
No equipment, machinery, or matenals of any kmd or nature shall be stored on any Homesite
forward of the fence at the front wall of the house situated thereon, unless the equipment, machinery or
matenals is being used temporanly (not more than one week) and is mcident to repair or construction of
14
016-47-0949
the Dwelling or Homesite All equipment, machinery, and materials shall be properly stored out of sight
of every other Homesite immediately after use of such item, and all trash, debris, excess, or unused
matenals or supplies shall likewise be disposed of immediately off of the Homesite, or stored out of
view until trash collection occurs
Trash may only be placed outside for collection the evening before collection
Such trash must
be contained to protect from ammals or spillage and trash cans must be removed from sight the same
evenig of collection
F
Notices and Easements
1
Utilities and General
There are hereby reserved unto Declarant, so long as the Declarant owns any Property, the
Association, and the designees of each (which may mclude, without lmitation, Galveston County and
any utility) access and maintenance easements upon, across, over, and under all of the Property to the
extent reasonably necessary for the purpose of replacing, repalIing, and maintaining any or all of the
following whlch may exist now or m the future. cable television systems, master television antenna
systems, momtoring and similar systems, roads, walkways, bicycle pathways, wetlands, dramage
systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes,
telephone, gas, and electncity, and for the purpose of installmg any of the foregoing on Property that
Declarant owns or withm easements designated for such purposes on recorded plats of the Property.
Notwithstanding anything to the contrary herein, thls easement shall not entitle the holders to construct
or mstall any of the foregomg systems, facllities, or utihties over, under or through any existmg
Dwellng, any damage to a Homesite resultmg from the exercise of this easement shall promptly be
repaired by, and at the expense of, the person or entity exercismg the easement
easement shall not unreasonably interfere with the use of any Homesite
15
The exercise of this
016-47-0950
Without limiting the generality of the foregoing, there are hereby reserved for the local water
supplier, electnc company, cable company and natural gas supplier easements across all the Common
Areas for mgress, egress, installation, readmg, replacmg, reparmng and maintamnig utility meters boxes,
installation equipment, service equipment, and any other device, macimery or equipment necessary for
the proper functiomng of the utility, however, the exercise of tlus easement shall not extend to
unauthorized entry mto the Dwellmg on any Homesite, except m an emergency.
Notwithstanding
anythimg to the contrary contained in this Section, no sewers, electrical lines, water lnes, or other
utilities may be mstalled or relocated on the Property, except as may be approved by the Board of
Directors or Declarant.
2
Easements for Green Belt and Landscape Reserves Mamtenance
Declarant andl/or the Association reserves for itself and its successors, assigns and designees the
non-exclusive nght and easement, but not the obhgation, to enter upon the green belts, and other
landscape reserves to remove trash and other debns and fulfill their maintenance responsibilities as
provided in thls Declaration
Declarant's rights and easements hereunder shall be transferred to the
Association at such time as Declarant shall cease to own Property subject to the Declaration, or such
earlier time as Declarant may decide, m its sole discretion, and transfer such nghts by a wntten
instrument The Declarant, the Association, and their designees shall have an access easement over and
across any of the Properties abutting or contaming any portion of any of the green belts and/or Common
Area to the extent reasonably necessary to exercise their nghts and responsibilities under this Section
There is further reserved, for the benefit of Declarant, the Association, and their designees, a
perpetual, non-exclusive right and easement of access and encroachment over Common Areas and
Homesites (but not -the Dwellings thereon) extending from the rear Lot line of Lots bordenrg any
Common Area and/or Landscape Reserve to enter upon and across such portions of the Property for the
16
016-47-0951
purpose of exercising rights under tlus Section All persons entitled to exercise these easements shall
use reasonable care m, and repair any damage resulting from, the intentional exercise of such easements
Nothmg herein shall be construed to make Declarant or any other person or entity liable for damage
resultmg from flood due to hurrcanes, heavy rainfall, or otner natural disasters
3
Easements to Serve Additional Property
The Declarant and Association and its duly authornzed agents, representatives, and employees, as
well as its designees, successors, assignees, lhcensees and mortgagees, shall have and there is hereby
reserved an easement over the Common Areas for the purposes of enjoyment, use, access and
development of any annexed property, whether or not such Property is made subject to this Declaration
Thls easement mcludes but is not limted to a right of ingress and egress over the Common Areas for
construction of roads and for tying m and mstallation of utilities on any annexed property
Declarant agrees that if an easement is exercised for permanent access to any annexed property
and such property or any portion thereof is not made subject to this Declaration, the Declarant, its
successors, or assigns shall enter into a reasonable agreement with the Association to share the cost of
mamtenance to any access roadway serving the property
Such agreement shall provide for sharng of
costs based on the ratio that the number of Dwellngs or buildings on that portion of the property that is
served by the easement and is not made subject to this Declaration bears to the total number of
Dwellmgs and buildmgs within the Properties and on such portion of the property
4
Monuments and Fences
The Association is hereby granted an easement to place a fence (without the obligation to do
so) along the perimeter of any section withn Westover Park and between any Lot and Common Area
and to remove such fence at the discretion of the Board of Directors
17
016-47-0952
In addition, the Association is hereby reserved an access and mamtenance easement upon,
across, over and under all of the Property that borders any Common Area so that the Association may
effect repairs, mamtenance and/or replacement of all or any portion of one (1) or both sides of any
such fence constructed on such portions of the Property
Common Areas-
Thls easement is for fences located upon
owners shall not attach anytthng to this tence, including landscapmg and
hardscaping materials, and the Association will not be liable for damages to anythmg attached to the
fence that is damaged while maintammg, repairmg or replacmg the fence
The easements granted to the Association under this Section may be exercised without notice to
the Owner(s) across or on whose property the monument is placed or the fence runs.
However,
except m the event of an emergency or a situation requirmg immediate action, the Owner(s) of such
property shall be notified as to when the Association will exercise its easement to repair, mamtam,
replace or remove the fence or monument
Owners shall be responsible for the mamtenance, repair and/or replacement of all fences on their
Lot, or Tract, or located on or near the property lIme between a Lot and any Common Area, which are
in
existence at time of transfer from Builder to Owner In the event the Owner fails to repair, replace or
maintam said fence m a manner consistent with the subdivision m the sole discretion of the Board of
Directors, the Association shall have the nght, but not the obligation, to enter such property for the
repair and/or replacement of such fence after notice to the Owner
Any expense incurred by the
Association In effectuating such repairs/replacement shall be the responsibility of the Owner and shall
be secured by the continuing lien on the Lot
016-47-095X
5
Jogging Trail
Owners of Lots withm Westover Park are advlsed that there exists a joggmg trail which is
shown on the recorded plat of the Property. Owners hereby agree to hold harmless the Declarant and
the Association, and their successors and assigns and release them from any liability for the placement,
construction, design, operation, mamtenance and replacement of the jogging trail and agree to mdemmfy
the parties released from any damages they may sustam
Owners further grant an easement to the
Declarant and the Association for any mcidental noise, lightmg, odors, and/or traffic which may occur
due to the existence of the jogging trail. Owners hereby acknowledge that the Association, its directors,
officers, managers, agents, or employees, the Declarant or any successor declarant have made no
representations or warranties nor has any owner, occupant, tenant, guest or invitee relied upon any
representations or warranties, expressed or implied, relative to any future changes m use of the property
upon which the jogging trail exists
Owners whose Lot abuts the jogging trail shall take care and shall not permit any trash,
fertilizers, chemicals, petroleum products, environmental hazards or any other foreign matters to
ifiltrate the trail. Any Owner permitting or causmg such mfiltration shall mdemnify and hold harmless
the Association for all costs of clean up and remediation necessary to restore the jogging trail to its
condition Immediately prior to said infiltration
6
Adjacent Property
Owners of Lots withmi Westover Park are advised that along the western perimeter of the
Property there exists pasture land with grazing livestock, whlch livestock and/or land may result m
naturally occurrmg odors
Owners grant an easement to the Declarant and the Association for any
mcidental noise, llighting, odors, and/or traffic whlch may occur due to the existence of the grazmg
livestock in the pasture
Owners hereby acknowledge that the Association, its directors, officers,
19
016-47-0954
managers, agents, or employees, the Declarant or any successor declarant have made no representations
or warranties nor has any Owner, occupant, tenant, guest or mvitee relied upon any representations or
warranties, expressed or imphed, relative to any future changes m use of the adjacent pasture land
7
Storm Sewer Easement
Owners of Lots within Westover Park are advised that adjacent to the south-eastern corner of the
Section One Plat there exists a seventy foot (70') wide Storm Sewer easement
Owners grant an
easement to the Declarant and the Association for any mcidental noise, lighting, odors, and/or traffic
which may occur due to the existence of said storm sewer easement
Owners hereby acknowledge that
the Association, its directors, officers, managers, agents, or employees, the Declarant or any successor
declarant have made no representations or warranties nor has any Owner, occupant, tenant, guest or
invitee relied upon any representations or warranties, expressed or implied, relative to any fature
changes in use of said storm sewer easement
8
Drainage Easement
Owners of Lots within Westover Park are advised that adjacent to the south-eastern corner of the
Section Two Plat there exists a one hundred fifty foot (150') wide drainage easement' Owners grant an
easement to the Declarant and the Association for any incidental noise, lightmg, odors, and/or traffic
whlch may occur due to the existence of said dramnage easement. Owners hereby acknowledge that the
Association, its directors, officers, managers, agents, or employees, the Declarant or any successor
declarant have made no representations or warranties nor has any Owner, occupant, tenant, guest or
invitee relied upon any representations or warranties, expressed or implied, relative to any future
changes m use of said dramage easement
20
016-47-0955
9
Zone "A"
Owners of Lots withm Westover Park are advised that through the southern portion of the
Section Two Plat there presently exist platted Lots whlch are designated as Zone "A" areas on Federal
Emergency Management Agency ("FEMA") flood maps
Owners hereby acknowledge that the
Association, its directors, officers, managers, agents, or employees, the Declarant or any successor
declarant have made no representations or warranties nor has any Owner, occupant, tenant, guest or
mvitee relied upon any representations or warranties, expressed or miplied, relative to floodmg and/or
flood control and/or any future changes in the designation of flood control levels
Nothmg herem shall be construed to make Declarant or any other person or entity liable for
damage resultmg from flood due to hurncanes, nsmg water, heavy ramfall, or other natural disasters
G
Signs
No sign or emblem of any kind may be kept or placed upon any Lot or mounted, painted or
attached to any Dwelling, fence or other improvement upon such Lot so as to be visible from public
view except the followmg
(1)
For Sale Signs
An Owner may erect one (1) sign on hls Lot, not exceeding 2'x3
in area, fastened only to a stake m the ground and extending not more that three (3') feet above the
surface of such Lot advertismg the property for sale
(2)
Political Signs
Not more than two political signs, not exceeding 2' x 3' in area,
may be erected upon a Lot by the Owner of such Lot advocatng the election of one or more political
candidates or the sponsorship of a political party, issue or proposal, provided that such signs shall not be
erected more than thirty (30) days m advance of the election to which they pertam and shall be removed
within three (3) days after such election
21
016-47-0956
(3)
School Spirnt Signs
Signs containmg mformation about one or more children residmg
m the Dwellmg and the school they attend shall be penrmtted so long as the sign is not more than 36" x
36" and is fastened only to a stake&m the ground. There shall be no more that one sign for each child
under the age of eighteen (18) residing in the Dwellmg, and said signs may not be displayed more than
ten (10) days m any calendar month, for more than three (3) months m a calendar year.
(4)
becuntv bilns/btilckers
Signs or stickers provilded to an Owner by a commercial
secunty or alarm company providmg service to the Dwellmg shall be permutted so long as the sign is not
more than 8" x 8" or the sticker is no more than 4" x 4" There shall be no more than one sign and no
more than six (6) stickers located on the windows or doors.
Stickers shall also be permitted upon
wmdows and doors for the "Child Fmd" program or a similar program sponsored by a local police
andl/or local fire department
All signs within Westover Park are subject to the Architectural and/or Builder Guidehnes and
Bulletms promulgated by the ARC
A Builder and/or the Declarant may place certam information and advertismg signs on Lots
without the prior permission of the ARC, so long as such signs are similar to those listed as acceptable
for Builder use in the Builder Guidelmes promulgated by the ARC and so long as such signs do not
otherwise violate thls Declaration
If any sign is placed within Westover Park in violation of thls declaration, the Association or its
agents shall be authorized to enter upon any Lot or Homesite and remove and/or dispose of any such
sign violation, and in doing so shall not be subject to any liability for trespass, other tort or damages m
connection with or arismg from such entry, removal and/or dlsposal nor in any way shall the Association
or its agent be liable for any accountmg or other claim for such action
22
H
u 16 - 4 7-095
Reservation of Minerals
The Property and any future land made subject to this Declaration are hereby subjected to the
following reservation and exception
Declarant hereby reserves unto itself and its successors, assigns
and predecessors m title m accordance with their respective interests of record all oil, gas and other
minerals in, on and under said land, but Declarant on behalf of itself and its successors, assigns and
predecessors m title hereby waives the right to use the surface of the land, other than that land or
easements owned by Declarant or other owners of oil, gas or other mmerals for explorng, drillmg for,
producmg and mming oil, gas and other minerals, provided that Declarant hereby retams and reserves
the right on behalf of itself and its successors, assigns and predecessors in title to pool the land with
other lands for development of oil, gas and other mnmerals and the right to drill under and through the
subsurface of the land below the depth of one hundred feet (100') by means of wells located on the
surface of land or easements owned by Declarant or other owners of oil, gas or other mnerals
Such
exceptions, retamed rights and reservations shall inure to the benefit of Declarant, its predecessors m
title and their respective successors and assigns in accordance with their respective mterest of record
I
Common Areas
The Association, subject to the nghts of the Members set forth in thls Declaration and any
amendments, shall be responsible for the exclusive management and control of the Common Area and
all improvements thereon and shall keep it m good, clean, attractive and samtary condition
Any
conveyance or encumbrance of the Common Areas shall be subject to the Owner's easement
No
Member may appropnate any portion of the Common Areas or any improvement thereon for his or her
own exclusive use.
J
Window Treatments
Withm three (3) months of occupying a Dwelling on any Homesite, an Owner shall install
approprnate window treatments m keepmg with the aesthetics of Westover Park Appropnate window
23
016-47-0958
treatments would include, by way of illustraton, curtams and drapenes with backmg material of white,
light beige, cream, light tan, or light gray, blmds or mmblmnds of the same colors or natural wood,
and/or shutters of the same colors or natural wood No other wmdow treatment color may be visible
from the exterior of the Dwelling
Expressly prohibited both betore and atter the imtial three (3) months of occupancy are any
temporary or dlsposable covenngs not consistent with the aesthetics of Westover Park, such as reflective
matenals, newspapers, shower curtains, fabric not sewn into finshed curtams or drapenes, other paper,
plastic, cardboard, or other materials not expressly made for or commonly used by the general pubhc for
window coverings m a residential subdivision of the same caliber as Westover Park
K
Deed Restrietion Enforcement
1
Authorty to Promulgate Rules and Regulations
The Board of Directors has the authonty to promulgate reasonable rules and regulations
concermng enforcement of the covenants and restrictions contamed in this Declaraton, any
Supplemental Declaration and/or amendments concernig the use and enjoyment of Common Areas
2
Attorney's Fees and Fmes
In addition to all other remedies that may be available, the Association has the nght to collect
attomey fees and/or fines as set by the Board from any Owner that is m violation of this Declaration, any
applicable Supplemental Declaration or amendments, any Architectural Guidelmes, the Buildmg
Guidelmes, or any other rule or regulation promulgated by the Association
3
Remedies
Every Owner shall comply with all provisions of this Declaration, the By-Laws, and the rules
and regulations of the Association, all other dedicatory mstruments of the Association and any
94