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2005
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MAR0 8 2005'--\J
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767
10
0051
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
MONTGOMERY CREEK RANCH COMMUNITY ASSOCIATIONINC.
THE STATE OF TEXAS
COUNTY OF HARRIS
§
§
§
KNOW ALL MEN BY THESEPRESENTS:
This Declarationmadeon the date hereinaftersetforth by WOODMERE DEVELOPMENT
CO., Lill., a Texaslimited partnershiphaving its principal offices in Houston,Harris County,
Texasand being hereincalled "Declarant".
WITNESSETH:
WHEREAS, it is the desireof Declarantto placecertainrestrictions,covenants,
conditions,stipulationsand reservationsuponand againstproperty ownedby Declarant
known, or to be known, as MontgomeryCreekRanch,a subdivisionin MontgomeryCounty,
Texas,accordingto the map or plat thereofrecordedunderFile # 2005-008508,CabinetX, Sheet
133of the Map Recordsof said countyand describedasfollows (the "Property"):
Lots 1 through8, Block 1, Section1
Lots 1 through35, Block 2, Section1
Lots 1 through 16, Block 3, Section1
Lots 1 through 12, Block 4, Section1
Lots 1 through 17, Block 5, Section1
Lots 1 through 12, Block 6, Section1
in orderto establisha uniform plan for the development,improvementand saleof the
Property,and to insurethe preservationof suchuniform plan for the benefitof boththe
presentand future Ownersof the Lots infue Property;
NOW, THEREFORE,Declarantherebyadopts,establishesand imposesuponthe
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Propertyand declaresthe following reservations,easements,
restrictions,covenantsand
conditionsapplicablethereto,all of which are for the purposeof enhancingandprotecting the
value, desirabilityandattractivenessof the Property,and for the welfare and benefitof the
Ownersof the Lots in the Property,which reservations,easements,
covenants,restrictions and
conditionsshall run with the land and shall be binding uponall partieshaving or acquiring any
right, title or interesttherein, or anypart thereof,and shall inure to the benefit of eachOwner
thereof for the welfare and protectionof propertyvalues.
ARTICLE
I
DEFINITIONS
Whereverused in this Declaration,the following words and/orphrasesshall havethe following
meanings,unlessthe contextclearly requiresotherwise:
1.1
"Property" or "Properties"shall meanand referto Montgomery CreekRanch,
a subdivisionin MontgomeryCounty,Texas,accordingto the map or plat thereof recordedin
File # 2005-008508,CabinetX, Sheet133of the Map Recordsof Montgomery
County, Texas,and anyadditionalpropertiesmadesubjectto the termshereof pursuantto the
annexationprovisions setforth herein.
1.2
"Lot" and/or"Lots" shall meanand refer to the Lots shownupon the recorded
SubdivisionPlat which arerestrictedherebyto use for residentialpurposes,excluding
specificallythe CommonArea or Reserves.
1.3
"Owner" shall meanand refer to the record Owner, whetherone or more
personsor entities,of fee simpletitle to any Lot which is a part of the Properties,including
contractsellers,but excludingthosehaving suchinterestmerelyas security for the performance
of an obligationandthosehaving any interestin the mineral estate.However,the term "Owner"
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767-10-0053
shall include any mortgageeor lien holderwho acquiresfee simpletitle to any Lot through
judicial or nonjudicial foreclosure,
1.4
"SubdivisionPlat" shall meanand refer to the map or plat of Montgomery Creek
Ranch,recordedin the Map Recordsof MontgomeryCounty,Texas.
1.5
"Association"shall meanand referto the MONTGOMERY CREEK RANCH
COMMUNITY ASSOCIATION, INC., its successors
andassigns,asprovided for in Article V
hereof.
1.6
"Declarant"shall meanand referto WOODMEREDEVELOPMENT CO. L ill.
and its respectivesuccessorsandassigns,if suchsuccessors
and assignsshouldacquiremore
than one Lot from Declarant.
1.7
"CommonArea" shall meanand refer to all thoseareasof land within the
Propertiesas shownon the SubdivisionPlat, exceptthe Lots and the public streetsshown
thereon,togetherwith suchotherproperty asthe Associationmay, at anytime or from time to
time, acquireby purchaseor otherwise,subject,however,to the easements,
limitations,
restrictions,dedicationsandreservationsapplicabletheretoby virtue hereof and/orby virtue of
the SubdivisionPlat, and/orby virtue of prior grantsor dedicationsby Declarantor Declarant's
predecessorsin title. Referenceshereinto "CommonArea" shall meanand refer to Common
Area as defined respectivelyin the Declarationand all SupplementalDeclarations. Common
Area also includes anypipeline easements,
drainageeasementsor utility easementsnot within
platted Lots, landscapereservesandrecreationalreserves.
1.8
"CommonFacilities" shall meanand referto all existing and subsequently
provided improvementsupon or within the CommonArea, exceptthoseas may be expressly
excludedherein. Also, in someinstances,CommonFacilities may consistof improvementsfor
the useand benefitof the Ownersin the Subdivision,constructedon portionsof one or more
Lots or on acreageowned by Declarant(or Declarantand others)which has not beenbrought
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within the scheme of this Declaration. By way of illustration, Common Facilities may include,
but not necessarily be limited to, the following:
structures for recreation, storage or protection of
equipment; fountains; statuary; sidewalks; gates; common driveways; landscaping; and other
similar and appurtenant improvements. References herein to Common Facilities (any Common
Facility) shall mean and refer to Common Facilities as defined respectively in the Declaration
and all Supplemental Declarations.
1.9
"Improvement to Property" shall mean, without limitation: (a) the construction,
installation or erection of any building, structure, fence, dwelling unit or other Improvements,
including utility facilities; (b) the demolition or destruction, by voluntary action, of any
building, structure, fence, or other Improvements; ( c) the grading, excavation, filling, or similar
disturbance to the surface of any Lot, including, without limitation, change of grade, change of
ground level, change of drainage pattern, or change of stream bed; (d) installation or changes to
the landscaping on any Lot; and ( e) any exterior modification, expansion, change or alteration of
any previously approved Improvement to Property, including any change of exterior appearance,
color, or texture not expressly permitted by this Declaration, or rules and regulations adopted by
the Board of Directors of the Association.
1.10
"Improvements" shall mean all structures and any appurtenancesthereto
of every type or kind, which are visible on a Lot, including, but not limited to: a dwelling
unit, buildings, outbuildings, swimming pools, spas, hot tubs, patio covers, awnings, painting of
any exterior surfaces of any visible structure, additions, sidewalks, walkways, sprinkler pipes,
garages, carports, roads, driveways, parking areas, fences, screening, walls, retaining walls,
stairs, decks, fixtures, windbreaks, basketball goals, yard decorations, benches, flagpoles, or any
other type of pole, signs, exterior tanks, exterior air conditioning fixtures and equipment, water
softener fixtures, exterior lighting, recreational equipment or facilities, radio, conventional or
cable or television antenna, dish, microwave television antenna, and landscaping that is placed
on and/or visible from any Lot.
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ARTICLE II
RESERVATIONS,EXCEPTIONSAND DEDICAllONS
2.1
The SubdivisionPlat dedicatesfor useas such,subjectto the limitations set forth
therein,the streetsand easementsshownthereon,and suchSubdivisionPlat furtherestablishes
certainrestrictionsapplicableto the Properties,including, without limitation, certainminimum
setbacklines. All dedications,limitations,restrictionsandreservationsshownon the
SubdivisionPlat are incorporatedhereinandmadea part hereof,as if fully setforth herein, and
shall be construedasbeing adoptedin eachand everycontract,deedor conveyanceexecuted or
to be executedby or on behalf of Declarant,conveyingsaidproperty or anypart thereof,
whether specificallyreferredto in suchcontract,deedor conveyance.
2.2
Declarantreservesthe easements
andright-or-waysas shownon tile
SubdivisionPlat for the purposeof constructing,maintainingandrepairinga systemor systems
of electric lighting, electric power, telegraphandtelephoneline or lines,gas,sewers,water,
cable or any other utility Declarantseesfit to install in, acrossand/orunderthe Properties.
2.3
Neither Declarantnor any utility companyusingthe easementsor rights-
of-way as shownon the SubdivisionPlat, or that mayotherwisebe grantedor conveyedcovering
the Properties,or any portion thereof,shall be liable for anydamagesdoneby them, or their
assigns,agents,employeesor servants,to fences,shrubbery,treesor flowers or otherproperty of
the Owner situatedon the land coveredby any sucheasementsor rights-of-way,unless
negligent.
2.4
It is expresslyagreedandunderstoodthat the title to any Lot or parcelof
land within the Propertiesconveyedby Declarantby contract,deedor otherconveyance
shall be subjectto an easementfor roadwaysor drainage,water,gas,sewer,stormsewer,
electric light, electric power,telegraph,telephoneor cablepurposes~ndno deedor other
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767-10-0056
conveyanceof the Lot shall conveyany interestin anypipes,lines,poles or conduits,or
in any utility facility or appurtenances
theretoconstructedby or underDeclarantor any
easementOwner, or their agents,through,along or uponthe premisesaffectedthereby, or
any part thereof,to servesaid Propertiesor otherlands appurtenantthereto.The right to
maintain,repair, sell or leasesuchappurtenances
to any municipality or other
governmentalagencyor to anypublic servicecorporationor to any otherparty, is hereby
expresslyreservedto Declarant.
ARTICLE m
USERESTRICTIONS
3.1
Land Useand Building Ty:ge.
All Lots shall be known and describedas Lots
for single family residentialpurposesonly (hereinafterreferredto as "ResidentialLots"), and no
structureshall be erected,altered,placed or permittedto remainon any ResidentialLot other
than one detachedsingle-familydwelling not to exceedtwo and one-half (2-1/2) stories in height
and musthavea detachedor attachedgaragecapableof housingnot less thantwo (2) cars. As
usedherein,the term "single family residentialpurposes"shall be construedto prohibit the use
of said Lots for mobile homes,duplexhouses,or educational,church, professionalor
commercialpurposesof anykind, exceptthat an Owner mayusea part of the residencefor his
businesspurposesso long as it remainsprimarily a residentialresidenceand furtherprovided that
(1) the public is not permitted or allowed to enterthe residenceor any structureor improvement
on the Lot to conductbusiness;(2) no signsadvertisinga businessare permitted; (3) no on-site
employeesarepermitted otherthan domesticservants;(4) no visible storageor displayof
materials,goods,or productsare permitted; (5) frequentdeliveriesby delivery vehiclesare not
permitted; (6) no offensive activity or condition, noise and/ororderare permitted; and (7) such
usein all respectscomplieswith the laws of the Stateof Texasand any regulatorybody of
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767-10-0057
governmental agency having authority and jurisdiction over such matters. The term "single
family residential purposes" also shall be defined as: (1) one or more persons related by blood,
marriage or adoption, which may include only parents and their dependentchildren, siblings,
parents or grandparents; or (2) by no more than two unrelated persons living together as a single
housekeeping unit and their dependentchildren, siblings, parents or grandparents. The following
specific restrictions and requirements shall apply to all Lots in the Property:
(a)
Outbuilding.
Provided the express written consent of the Architectural
Control Committee is secured prior to installation and placement on a Lot, one (1) lawn
storage building, limited in maximum height to eight (8) feet from the ground to the highest
point of the structure, may be placed on a Lot.
An outbuilding shall be placed so as not to be
visible, or be minimally visible, from the street as determined by the Architectural Control
Committee.
In no case can the outbuilding be permanently placed in a utility easement.
Additionally, no outbuilding structure of any type is permitted unless the specific Lot involved is
completely enclosed by fencing in accordance with paragraph 3.13. Otherwise, no building or
structure of any kind shall ever be moved onto or erected on any Lot. It is intended that, unless
otherwise specifically approved pursuant to Article IV hereof, only new construction shall be
placed and erected on any Lot within the Property. No carports of any kind shall be built,
placed, or constructed on any Lot.
(b)
Garages.
No garage shall ever be changed, altered or otherwise converted
for any purpose inconsistent with the housing of a minimum of two (2) automobiles at all
times. All Owners, their families, tenants and contract purchasers shall, to the greatest
extent practicable, utilize such garages for the garaging of vehicles belonging to them.
(c)
Exterior Wall.
No residence shall have less than fifty-one (51) percent
masonry construction on its exterior wall area. As used in this paragraph, the term
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767-10-0058
masonryconstructionshall includebrick, stone,artificial stone,stuccoor equivalent
materialacceptableto the Architectural Control Committee. Fibrous cementsiding (i.e.
Hardiplank) maybe includedwithin the term masonryconstructionwith the approvalof
the Architectural Control Committee. Detachedgaragesmayhavewood siding of a type
and designapprovedby the Architectural Control Committee.
(d)
Roof Materials.
Unlessotherwiseapprovedin accordancewith the last
sentenceof this subsection(d), the roof of all buildings on the Propertyshall be constructed or
coveredwith asphaltcompositionshinglesor fiberglasscompositionshingles. The color of any
compositionshinglesshall be of wood tone, earthtoneor in harmonywith earthtoneand shall be
subjectto written approvalby the Architectural Control Committeeprior to installation. Any
othertype roofing material may be used only if approvedin writing prior to installation by the
Architectural Control Committee.
(e)
Air Conditioners.
No window or wall type air conditionersshall be
permittedto be used,erected,placed,or maintainedon or in anybuilding or on anyLot,
This restrictionis not applicableto temporaryaccommodationsin regardto normal activities
requiredto constructand sell new homesin the Subdivision,if approvedin writing by the
Architectural Control Committeeprior to installationor placement.
3.2
Minimum SQuareFoota~eWithin Imnrovement.
Eachdwelling constructedon
a Lot shall containa minimum of onethousand(1,000)squarefeet of livable area,exclusiveof
openporchesandgarages.
3.3
Landscaning. The Owner or builder of eachLot, as a minimum, prior to
completionof the constructionof a residentialdwelling shall solid sod with grassthe area
betweenits residentialdwelling andthe curb line(s) of the abutting street(s).
3.4
Sidewalk.
No sidewalk,walkway, improvedpathway,deck,patio,
driveway or otherimprovementshall be constructedon any Lot unlessand until the plans
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767-10-0059
and specifications therefor are submitted to and approved by the Architectural Control
Committee as provided in Article IV below. A concrete sidewalk four (4) feet wide shall
be constructed parallel to the curb two (2) feet from and "outside" the property line along
the entire fronts of all Lots. In addition thereto, four (4) foot wide sidewalks shall be
constructed parallel to the curb two (2)feet from and "outside' the property line along the
entire side of all comer Lots, and the plans for eachresidential building on each of said
Lots shall include plans and specifications for such sidewalk and same shall be constructed and
completed before the main residence is occupied. Furthermore, at each street intersection and/or
pedestrian crosswalk where a sidewalk shall abut the curb, there shall be provided curb ramps
with a rough, non-skid surface to accommodate handicapped individuals in wheelchairs before
the main residence is occupied. The type of construction and the specifications for said ramps
shall be as provided by the Montgomery County Engineering Department.
3.5
Location of the ImDrovements UDon the Lot.
No building shall be
located on any Lot nearer to the front line or nearer to the street side line than the
minimum building setback line shown on the recorded Subdivision Plat or replat(s)
thereof
Subject to the provisions of Section 3.6 below, no part of the house building or
garage shall be located nearer than three (3) feet to an interior side Lot line or ten (10)
feet to any exterior Lot line on a comer Lot. Unless otherwise approved in writing by
the Architectural Control Committee, each main residential building shall face the front
of the Lot. For the purpose hereof, the term "front Lot line" shall mean the property line
of a Lot that is adjacent and continuous to a street or road shown on the Subdivision Plat,
or if two or more property lines are adjacent to a street,. the "front Lot line" shall be the
property line adjacent to a street that has the shortest dimension, and the term "street side
Lot line" shall mean and refer to all property lines of any Lots that are adjacent to a street
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767-10-0060
exceptthe front Lot line, andthe "interior side Lot line" shall meanand referto all
property lines otherthan the front Lot line and the streetside Lot line. For the purposesof
this covenant,eaves,steps,andunroofedterracesshall not be consideredaspart of a
building provided,however,this shall not be construedto permit any portion of the
constructionon a Lot to encroachupon anotherLot. Unlessotherwiseapprovedin
writing by the ArchitecturalControl Committee,eachmainresidentialbuilding shall face
the front building line.
3.6
CompositeBuildin!ZSite. Subjectto the approvalof the Architectural
Control Committee,any Ownerof one or more adjoining Lots or portionsthereof may
consolidateor redivide suchLots or portions into one or morebuilding siteswith the
privilege of placing or constructingimprovementson suchresulting sites,in which case
the front footageat the building setbacklines shall be measuredfrom the resulting side
property lines ratherthan from the Lot lines indicated on the recordedplats. Any such
resulting building site musthavea frontageat the building setbackline of not lessthan
forty (40) feet. If an Ownerconsolidatestwo or more adjoining Lots, eachoriginal Lot
shall continueto be assessedfor maintenanceasprovided in Article vll.
If an Owner
redividesa Lot, the resultingLots shall he assessedfor maintenanceasprovided in
Article vll as if eachresulting Lot were an original Lot.
3.7
Prohibition of OffensiveActivities. No activity, whetherfor profit or not,
shall be carried on any Lot which is not relatedto single family residentialpurposes.
No noxious or offensive activity of any sort shall be permitted nor shall anythingbe done on
any Lot which maybe or becomean annoyanceor a nuisanceto the neighborhood. This
restriction is not applicablein regardto the normal salesactivities requiredto sell new
homesin the Subdivisionand the lighting effectsutilized to displaythe model homes.
3.8
Use ofTemporarv Structures. No structureof temporarycharacter,
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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
the exception of lawn storage or children's playhouses which are constructed with prior
express written consent of the Architectural Control Committee; provided, however,
Declarant reserves the right to grant the exclusive right to erect, place and maintain such
facilities in or upon any portions of the Lots or Reservesas in its sole discretion may be
necessary or convenient while selling Lots, selling or constructing residences and
constructing other improvements upon the Properties. Such facilities may include, but
not necessarily be limited to, sales and construction offices, storage areas,model units,
signs and portable toilet facilities. Garages,if used during the development phase or new
home construction as a sales office, are permissible provided it is converted to a regular
garage capable of housing a minimum of two (2) automobiles prior to conveyance for
occupancy by an Owner.
3.9
Playhouses or Other AmenitY Structures.
Subject to Architectural Control
Committee approval, a playhouse or fort style structure may be placed on a Lot.
Such
structure, limited to a maximum overall height of ten (10) feet from the ground to the highest
point, is permitted only when the Lot is completely enclosed by fences in accordance with
paragraph 3.13 and the structure is placed so that it is not visible, or be minimally visible, from
any street, as determined by the Architectural Control Committee.
3.10
Storage of Automobiles. Boats. Trailers and Other Vehicles.
Passenger
automobiles, passengervans or pick-up trucks that: (1) are in operating condition; (2) have
current license plates and inspection stickers; (3) are in daily use as motor vehicles on the streets
and highways of the State of Texas; and (4) which do not exceed six feet six inches in height, or
seven feet six inches in width or twenty-one feet in length, may be parked in the driveway on
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su Lot. No non-motorizedvehicle, trailer, boat,marinecraft, hovercraft,aircraft, machinery or
equ~pment
of anykind maybe parked or storedon anypart of anyLot, easement,right-of-way,
I
or 40mmonArea unlesssuchobject is concealedfrom public view inside a garageprovided the
doorsmaybe closedand securedor otherapprovedenclosure.Commercialvehicles,vehicles
pri~arily used or designedfor commercialpurposes,tractors,or vehicles that exceedthe
pas~enger
vehicle sizeaboveshall not be parkedor storedon any part of anyLot, easement,
rig~-of-way, or CommonArea. No repairwork, dismantlingor assemblingof motor vehicles or
oth~rmachineryor equipmentshall be done or permitted on any street,driveway or any portion
oftfte Properties.No motorbikes, motorcycles,motor scooters,go carts or other similar vehicles
shall be permittedto be operatedin the Properties,if, in the solejudgment of the Board of
Dirqctorsof the Association,suchoperation,by reasonof noise or fumesemitted, or by reasonof
manlnerof use,shall constitutea nuisanceorjeopardizethe safetyof the Owners,their tenants,
and fueir families. The Board of the Associationmay adoptrules for the regulationof the
a~ssion andparking of vehicleswithin the CommonAreas,including the assessment
of chargesto Ownerswho violate, or whoseinviteesviolate, suchrules. The Associationshall
havethe authorityto establishthe amountof, and assess,a chargeto any Owner for parking any
prohibitedvehicle on any (a) Lot otherthanhis own, whetheroccupiedor vacant, (b) easement,
(c) right of way, or (d) CommonArea. If a complaintis receivedabouta violation of anypart of
this section,the Architectural Control Committeewill, be the [mal authority on the matter. This
res~ction shall not applyto anyvehicle, machinery,or maintenanceequipmenttemporarily
parkedand in use for the construction,repair or maintenanceof subdivisionfacilities or of a
houseor housesin the immediatevicinity.
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3.11
Mineral OQerations. No derrick or other structuresdesignedfor the use
in boring for oil or naturalgas or their mineralsshall be erected,maintained,or permitted
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767-10-0063
upqn any Lot, nor shall any tanks be permitted upon any Lot.
3.12
Animal Husbangry. No animals, snakes, livestock or poultry of any kind
shall be raised, bred or kept on any Lot except dogs, cats or other common household
petS may be kept provided they are not kept, bred or maintained for commercial purposes.
No knore than two common household pets will be permitted on eachLot. Pets must be
on ~ leash when away from the Lot.
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3.13
Walls. Fences. and Hegges. No hedge in excessoffive (5) feet in height,
I
walt or fence shall be erected or maintained nearer to the front Lot line than the walls of
!
the dwelling existing on such Lot. No side or rear fence, wall or hedge shall be more than
six (6) feet in height except fencing around the perimeter of the Subdivision may be no
more than eight (8) feet, unless otherwise approved in writing by the Architectural
Conjtrol Committee. All fences and walls shall be of wood construction or better. No
chain link fence type construction will be permitted on any Lot.
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3.14
Visual Obstruction at the Intersections of Public Streets.
No object that
obstructs site lines at elevations between two (2) feet and eight (8) feet above the roadways
within the triangular area formed by the intersecting streetproperty lines and a line connecting
thenil at points ten (10) feet from the intersection of the streetproperty lines or extension thereof
shall be placed, planted or permitted to remain on any comer Lots.
3.15
Lot Maintenance.
The Owners or occupants of all Lots shall at all times
keep all weeds and grass thereof cut in a sanitary, healthful and attractive manner and
shall in no event use any Lot for storage of materials and equipment except for normal
residential requirements or incident to construction of improvements thereon as herein
permitted, which materials and equipment shall be stored so as not to be visible from any
street. The drying of clothes in public view is prohibited. The Owner or occupants of any
Lot shall construct and maintain a fenced enclosure to screendrying clothes from public
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767-10-0064
view. Similarly, all yard equipment,woodpiles,or storagepiles shall be kept screenedby
a fencedserviceyard or othersimilar facilities so asto concealthem from view of
neighboringLots, any streetor otherproperty. No Lot shall be used or maintainedas a
dumpingground for trash, nor will the accumulationof garbage,trashor rubbishof any
kind thereonbe permitted. Burning of trash,garbage,leaves,grassor anythingelsewill
not be permitted. Trash,garbageor otherwastematerialsshall be kept in sanitary
containersconstructedof metal,plastic or masonrymaterialswith sanitarycovers or lids
or asrequiredby the City of Conroe. Equipmentfor the storageor disposalof such
wastematerialsusedin the constructionof improvementserectedupon any Lot may be
placedupon suchLot at the time constructionis commencedand may be maintained
thereonfor a reasonabletime, so long asthe constructionprogresseswithout unduedelay,
until the completionof tlle improvements,after which tllesematerialsshall eitller be
removedfrom tlle Lot or storedin a suitableenclosureon tlle Lot. In tlle eventof default
on tlle part of tlle Owneror occupantof any Lot in observinganyof tlle above
requirements,suchdefaultcontinuing after ten (10) days' written notice tllereof, being
placed in the U. S. mail without tlle requirementof certification, Declarantor its assigns
may witllout being underany duty to do so and witllout liability or trespassto tlle Owner or
occupant,enteruponsaid Lot andcauseto be cut suchweedsand grass,and remove or causeto
be removedsuchgarbage,trashandrubbish, or do any otherthing necessaryto secure
compliancewilli theserestrictionsso asto place said Lot in a neat,attractive,hea1tllfuland
sanitarycondition,and may reasonablychargethe Owner or occupantof suchLot for tlle costof
the work. Saidchargesshall becomean assessment
againstthe Lot asprovided in Article VII.
Minimum standardsaredefined for any property whereintlle grassexceedstlle height of six (6)
inchesor whereintlle Directors or their agentdeterminesweedsnot to be consistentwith
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767-10-0065
the standardof surroundingproperties. Further,Declarantor its assigneereservesthe
right to contractor arrangefor regulargarbagepick up servicefor the Lot Owners. Owners
agreeby purchaseof the propertyto pay immediatelyfor suchwork or service,the amount
thereof shall be addedto the annualmaintenanceassessment
andbecomea chargethereon in the
samemannerasthe regular annualmaintenancechargeprovided for herein.
3.16
MaintenanceandReQairs. It shall be the duty, responsibilityand
obligation of eachOwner at his own costandexpenseto carefor, maintainandrepair the
exterior of his Improvementto Propertyand other improvementson his Lot andthe fixtures,
appliances,equipmentand otherappurtenances
theretoand also including the private driveway,
sidewalksand fenceswhich are appurtenantto and situatedon his Lot. Maintenanceand repair
to Improvementsto Propertyshall include but are not limited to the repair and/orreplacementof
rottenwood, siding, re-painting,roof shingles,windows, exteriordoors,garagedoorsand bricks
or masonry.
3.17
Signs.AdvertisementsandBillboards.
No signs,billboards,postersor
advertisingdevicesof any charactershall be erectedon any Lot exceptone sign of not more than
five (5) squarefeet, advertisingthe property for sale or rent or signsusedby a builder to
advertisethe property for saleduring the constructionand salesperiod. Declarantshall have the
right to remove anynonconformingsign, advertisementor billboard or structurewhich is placed
on a Lot and in so doing shall not be subjectto any liability or damagesfor trespass,tort or
otherwisein connectiontherewitharising from suchremoval. The right is reservedfor builders,
provided consentis obtainedfrom the Declarant,which cannotbe unreasonablywithheld, to
constructand maintainsignsbillboards, or advertisingdevicesfor the purposeof advertisingfor
saledwellings constructedby the builders and not previouslysold by suchbuilder.
3.18
Antennas.SatelliteDishesandRelatedMasts.
Any antenna,satellite
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dish andrelatedmastsarepermittedto be placedon a Lot only in accordancewith guidelines,
conditions,standardsandrequirementsadoptedby the Board of Directors and as maybe
amendedby the Boardof Directors of the Associationfrom time to time.
3.19
~
Exceptin an emergencyor whenunusualcircumstancesexist
(as determinedby the Board of Directors),outsideconstructionwork or noisy interior
constructionwork shall be permitted only after 6:00 a.m.and before 9:00 p.m.
3.20
Underf!IoundElectric Service. An undergroundelectric distribution
systemwill be installedin the subdivision,designatedhereinasUndergroundResidential
Subdivision,which undergroundserviceareaembracesall the Lots which areplatted in the
subdivisionat the executionof the agreementbetweenEntergy/CenterpointEnergyand
Declarant. The Ownerof eachLot containinga single dwelling unit shall, at his own cost,
furnish, install, own andmaintain(all in accordancewith the requirementsof local governing
authoritiesand the National Electrical Code)the undergroundservicecableand appurtenances
from the point of electric company'smeteringat the structureto the point of attachmentto be
madeavailableby the electric companyat a point designatedby electric companyat the property
line of eachLot. The electric companyfurnishing serviceshall makethe necessaryconnections
at said point of attachmentand at the meter.Declaranthas, either by designationon the plat of
the subdivisionor by separateinstrument,grantednecessaryeasementsto the electric
companyproviding for the installation,maintenance,and operationof its electric distribution
systemandhasalsograntedto the variousOwner'sreciprocaleasementsproviding for the access
to the areaoccupiedby and centeredon the servicewires of the variousOwnersto permit
installation,repair andmaintenanceof eachOwner'sownedand installed servicewire. In
addition,the Ownerof eachLot containinga single dwelling unit shall, at his own cost,furnish,
install, own and maintaina meterloop (in accordancewith the then currentStandardsand
Specificationsof the electric companyfurnishing service)for the location and installationof the
meterof suchelectric companyfor eachdwelling unit involved. For so long asunderground
16
767-10-0067
se ice is maintainedin the UndergroundResidentialSubdivision,the electric serviceto each
dw lling unit hereinshall be underground,uniform in characterand exclusivelyof the type
kn wn as singlephase,240/120volt, threewire, 60 cycle, alternatingcurrent.
3.21
Deviationsin Restrictions. The Declarant,at its sole discretion,is
her by permittedto approvedeviationsin the restrictionssetforth hereinin instances
whtre, in its solejudgment, suchdeviationwill result in a more commonbeneficialuse.
Suqhapprovalsmustbe grantedin writing. Any deviationsgrantedmustbe in the spirit
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,
and intent of the welfare of the overall community.
3.22
No Liabili!;y. Neither Declarant,Board of Directorsof the Association,
nor the respectiveagents,employeesand architectsof each,shall be liable to any Owner
or apy otherparty for anyloss, claim or demandassertedon accountof the administration
of theserestrictions or the performanceof the dutieshereunder,or any failure or defectin
such administrationandperformance.Theserestrictionscanbe alteredor amendedonly
as provided hereinandno personis authorizedto grantexceptionsor makerepresentations
conf;raryto the intent of this Declaration.No approvalof plansand specificationsandno
pub1icationof minimum constructionstandardsshall everbe construedasrepresentingthat such
plans will, if followed, result in a properlydesignedresidentialstructureor representor
gtiatranteeanyresidencewill be built in a good,workmanlikemanner.The acceptanceof a deed
to a residentialLot by the Owner in the subdivisionshall be deemeda covenantand agreement
on ~e part of the Owner,and the Owner'sheirs, successors
andassigns,that Declarantand the
Bo4d of Directors of the Association,aswell as their agents,employeesand architects,shall
hav no liability underthis Declarationexceptfor willful misdeeds.
3.23
Intemretation. If this Declarationor anyword, clause,sentence,paragraphor
oth part thereof shall be susceptibleof one or more conflicting interpretations,the
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inttrpretation which is mostnearly in accordwith the generalpurposesand objectivesof this
Detlaration shall governand naybe correctedor clarified by Declarant'spreparation,execution
an; recordingof a supplementto the Declaration.
;'i
ARTICLE
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ARCillTECTURAL
ArchitecturalControl Committee.
IV
APPROVAL
"Architectural Control Committee" shall
a committeeof three (3) memberswho mayor may not be membersof the Association.
i
All fommittee membersshall be appointedand!or removedby Declarant,until the earlier of ( a)
the ~te the last Lot ownedby Declarantis sold (exceptin connectionwith a conveyanceto
anotherparty that is a successor
to Declarant);or (b) suchdateas Declarantelectsto discontinue
suc, right by written noticeto the Board of Directors. Thereafter,the Board of Directors of the
Asspciationshall havethe right to appointall membersof the Architectural Control Committee.
Co~ittee membersappointedby the Board of Directors maybe removedat anytime by the
Board, and shall servefor suchterm as may be designatedby the Board of Directors or until
dea~, resignationor removalby the Board of Directors.
c:~1 4.2
Approval of ImprovementsReguired.
Notwithstandinganything
con~ainedin the Declarationto the contrary,the approvalof a majority of the membersof
the Architectural Control Committeeshall be required for the constructionof the initial
dwe~lingunit on a Lot ("New Construction")andthe approvalof a majority of the Board
of 9irectors of the Association,or the approvalof any subcommitteeappointedby
the ~oard for suchpurpose,shall be required for any subsequentImprovementto Property
I
follqwing the constructionof the initial dwelling unit on a Lot, ("Modification Construction").
Aft r one hundredpercent(100%) of the Lots have dwelling units constructedthereon,the
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Ar !hitectural Control Committee appointed by the Board will then be in charge of approving all
t
!
Im rovements ~oProperty. For p~oses of this Article IV, the Board and the Architectural
Co trol CommIttee are each sometImesreferred to as the "Approval Entity".
;~~I 4.3 Address of ADQroval EntitY.
The addressof the Architectural Control Committee
for f'New Construction" shall be 7170 Cherry Park Drive, Houston, Texas 77095. The address of
chitectural Control Committee for "Modification Construction" shall be at the principal
offi e of the Association, which is generally the managementcompany address.
4.4
Submission of Plans. Before commencementof work to accomplish any
proposed Improvement to Property, the Owner proposing to make such Improvement to
Property shall submit to the proper Approval Entity copies of such descriptions, surveys, plot
platts, drainage plans, elevation drawings, construction plans, specifications, and samples of
I
matfrials and colors as the Approval Entity reasonably shall request, showing the nature, kind,
sha~e, height, width, color, materials, and location of the proposed Improvement to Property, as
ma)f be more particularly described frQm time-to-time in any minimum construction standards
I
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an~or Architectural Guidelines adopted by the Board of Directors. The Approval Entity may
req~ire submission of additional plans, specifications, or other information before a decision can
be ~ven on a proposed application. If all requested materials are received by the Approval
Enti~ within 30 days, the application is deemed received for consideration; otherwise the
app~ication is denied.
~~~~I4.5
Criteria for ADQroval.
The proper Approval Entity shall approve any
proJosed Improvement to Property only if it determines in its reasonable discretion that
I
the ~provement to Property in the location indicated will not be detrimental to the surrounding
aret of the Properties as a whole; that the appearanceof the improvement will be in hannony
wi~ the surrounding areas, including, without limitation, quality and color of materials and
loc1ion with respect to topography and finished grade elevation; that the improvement
~~:.!
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wii1 comply with the provisionsof this Declarationand anyapplicableplat, ordinance,
governmentalrule, or regulation;that the improvementwill not detractfrom the beauty,
wholesomeness,
and attractivenessof the Propertyor the enjoymentthereof by Owners; and that
the upkeepandmaintenanceof the proposedimprovementwill not becomea burdenon the
Association. EachApproval Entity is specificallygrantedthe authorityto disapproveproposed
improvementsbecauseof the uniquecharacteristicsor configurationof the Lot on which the
proposedimprovementwould otherwisebe constructed,eventhoughthe sameor a similar type
of ~provement might or would be approvedfor constructionon anotherLot. The Approval
Entity may conditionits approvalof anyproposedimprovementuponthe making of such
changestheretoasthe Approval Entity may deemappropriate.
4.6
ArchitecturalGuidelines.
EachApproval Entity from time to time may
supplementor amendthe Architectural Guidelines.The Architectural Guidelinesserveas
a guideline only and an Approval Entity may imposeother requirementsin connection
with its review of anyproposedImprovements;provided,however,that suchother
requirementsare not inconsistentwith this Declaration.
4.7
Decisionof ADQrovalEntitY. The decisionof the Approval Entity shall
be madewithin thirty (30) days after receiptby the properApproval Entity of all
materialsrequiredby the Approval Entity. The decisionshall be in writing and, if the
decisionis not to approvea proposedImprovementto Property,the reasonsshall
be stated. The Owneris responsibleunderall circumstancesto conformto the provisions of
theserestrictionsin their entirety; no approvalobtainedas a resultof failure to disclosepertinent
any improvementthat violates any provision of this Declarationor the Architectural Guidelines.
The Approval Entity shall at all times retainthe right to objectto any improvementthatviolates
any provisionof this Declarationor the Architectural Guidelines.
4.8
,
,.. ,
~
In the eventthe Architectural
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Failure of ApQrovalEntitYto Act on Plans.
I
767-10-0071
Co~trol Committeefails to approveor to disapproveany Improvementto Propertywithin thirty
(3~ days afterthe dateof receiptof all requiredmaterials,the plans shall be deemeddenied.
Aprlicant may consultwith the ArchitecturalControl Committeeasto the reasonfor denial
and reapplywith modification.
j~rf~1 4.9
Prosecutionof Work After AQQroval.
After approvalof anyproposed
Im~rovementto Propertythe proposedImprovementto Propertyshall be accomplishedas
I
pro~ptly and diligently aspossibleand in strict conformity with the descriptionof the proposed
!
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Im~rovementto Propertyin the materialssubmittedto the Approval Entity. Failureto complete
the proposedImprovementto Propertywithin thirty (30) daysafterthe dateof approval or such
ext1nsionhas beengrantedby the Approval Entity in writing) or to completethe Improvementto
Prowertyin strict conformity with the descriptionandmaterialsfurnishedto the Approval Entity,
shal[ operateautomaticallyto revokethe approvalby the Approval Entity of the proposed
!
Improvementto Property. No Improvementto Propertyshall be deemedcompleteduntil the
exteHorfasciaand trim on the structurehave beenappliedand finished andall construction
mattrials and debrishave beencleanedup andremovedfrom the site and all rooms in the
dwe1lingunit, otherthan attics,have beenfinished. Removalof materialsand debrisshall not
take in excessof thirty (30) daysfollowing completionof the exterior.
4.10
Inspectionof Work. The Approval Entity or its duly authorizedrepresentative
shal\have the right, not the obligation, to inspectany Improvementto Propertybefore or after
comrletion, provided that the right of inspectionshall terminateoncethe Improvementto
:
Pro~ertybecomesoccupied.
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4.11
Notice ofNoncomQliance. If, as a resultof inspectionsor otherwise,the
APPfoval Entity finds that any Improvementto Propertyhasbeenconstructedor undertaken
wilhrut obtainingthe approvalof the Approval Entity or has beencompletedotherthan in strict
con rmity with the descriptionand materialsfurnishedby the Ownerto the Approval Entity or
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767-10-0072
has not been completed within the required time period after the date of approval by the
Aprroval Entity, the Approval Entity shall notify the Owner in writing of the noncompliance
('~otice of Noncompliance"). The Notice of Noncompliance shall specify the particulars of the
n01comPIiance and shall require the Owner to take such action as may be necessaryto remedy
the roncomPliance within the period of time set forth therein.
"I
4.12
Correction ofNoncomRliance.
If the Approval Entity finds that a
no~ompliance continues to exist after such time within which the Owner was to remedy,
the roncompliance as set forth in the Notice of Noncompliance the Association may, at its
opt. n, but with no obligation to do so, (a) record a Notice of Deed Restriction Violation, against
the
ot on which the noncompliance exists in the Office of the County Clerk of Montgomery
Co
ty, Texas; (b) remove the noncomplying Improvement to Property without liability or
tres ass; and/or (c) otherwise remedy the noncompliance without liability or trespass (including,
ifa~plicable, completion of the Improvement in question), and if the Board elects to take any
acti?n with respect to such violation, the Owner shall reimburse the Association upon demand
for +11expensesincurred therewith. If such expensesare not promptly repaid by the Owner to the
Assfciation, the Board may levy an assessmentfor such costs and expenses against the Owner of
the
ot in question and such assessmentwill become a part of the assessmentprovided for in
Arti Ie 7 hereof. The permissive (but not mandatory) right of the Association to remedy or
rem ve any noncompliance (it being understood that no Owner may require the Association to
takel such action) shall be in addition to all other rights and remedies that the Association and
,
Ow1j1ersmay have at law, in equity, under this Declaration, or otherwise.
I
4.13
No ImRlied Waiver or EstoRRel.
No action or failure to act by an
,
ApProval Entity shall constitute a waiver or estoppel with respect to future action by the
Ap*oval
Entity with respectto any Improvement to Property. Specifically, the approval
by tfe Approval Entity of any Improvement to Property shall not be deemed a waiver of
22
767-10-0073
;
an~ right or an estoppelagainstwithholding approvalor consentfor anysimilar Improvement to
pro~erty or any similar prop~sals,plans,specifications,or othermaterialssubmittedwith respect
to ~ny other Improvementto Propertyby suchpersonor otherwise.
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4.14
Powerto GrantVariances.
EachApproval Entity mayauthorizevariances from
co pliance with anyof the provisionsof Article III andArticle IV of this Declarationincluding
res¥ctions upon placementof structures,the time for completionof constructionof any
I
Im~rovementto Property,or similar restrictions,whencircumstancessuchastopography,natural
Obstructions,hardship,aesthetic,environmental,or otherrelevantconsiderationsmayrequire.
i
Sucpvariancesmustbe evidencedin writing and shall becomeeffective whensignedby at least
a mrjority of the membersof the Approval Entity. If any suchvarianceis granted,no violation
of ,e provisionsof this Declarationshall be deemedto haveoccurredwith respectto the matter
for fhich the variancewas granted;providedhowever,that the granting of a varianceshall not
operateto waive any of the provisionsof this Declarationfor anypurposeexceptasto the
part cular propertyandparticular provision hereofcoveredby the variance,nor shallthe granting
of
y varianceaffectthe jurisdiction of the Approval Entity other than with respectto the
subj ct matterof the variance,nor shall the grantingof a varianceaffect in any way the Owner's
Oblirationto comply with all governmentallaws andregulationsaffecting the Lot concerned.
I
4.15
Compensationof Architectural Control Committee. The membersof the
Architectural Control Committeeshall be entitled to reimbursementby the Association
for ~easonable
expensesincurred by them in the performanceof their duties hereunderas
the Board from time to time may authorizeor approve.
!
I;~cj 4.16
Non-liabilitv for Approval EntitYAction.
None of the membersof the
ArC~itecturalControl Committee,the Association,any memberof the Board of Directors,
Dec arant, or managingagentshall be liable for anyloss, damage,or injury connectedwith,
23
767-10-0074
or arising out of, the performanceof the dutiesof anyApproval.Entity exceptto the ex.tent
ca ed by the willful misconductor bad faith of the party to be held liable. In reviewing
an~matter,the Approval Entity shall not be responsiblefor reviewing, nor shall its
apJrovalof an Improvementto Propertybe deemedapprovalof, the Improvementto
I
pro~erty from the standpointof safety,whetherstructuralor otherwise,or conformance
wit~ building codes,or othergovernmentallaws or regulations.Furthermore,none of the
;
mefbers of the ArchitecturalControl Committee,any memberof the Board of Directors,
or qeclarant shall be personallyliable for debtscontractedfor or otherwiseincurred by
the ~ssociationor for anytorts committedby or on behalf of the Association,or for a tort
of
otherof suchindividuals, whethersuchotherindividuals were acting on behalf of
th
sociation,the ArchitecturalControl Committee,the Board of Directors, or otherwise.
Fin lly, neitherDeclarant,the Association,the Board, the Architectural Control Committee, or
I
the~ officers, agents,members,or employeesshall be liable for anyincidental or consequential
danjagesfor failure to inspectanypremises,Improvements,or portion thereof, or for failure to
rep~ir or maintainthe same.
r
4.17
ConstructionPeriodExce}2tion.
During the courseof actual construction
of ~y permittedstructureor Improvementto Property,andprovided constructionis proceeding
wi~ due diligence,the Approval Entity may temporarily suspendcertainprovisions of this
Declarationasto the Lot upon which the constructionis taking placeto the extentnecessaryto
pe~it suchconstruction; provided,however,that during the courseof any suchconstruction,
notHingshall be done thatwill result in a violation of anyof the provisionsof this Declaration
upon.completionof constructionor that will constitutea nuisanceor unreasonableinterference
wi~ the useand enjoymentof otherproperty within theProperty.
1:?ticl4.18
Compliancewith Procedures.
Any contractor,subcontractor,agent,
emp~oyee,or any otherinvitee of an Ownerwho fails to comply with the terms and provisionsof
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767-10-0075
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the!guidelines and procedures of the Architectural Control Committee may be temporarily or
permanently excluded by the Association from the Properties without liability to any person.
ARllCLE
V
MEMBERSHIPAND VOTING RIGHTS
5.1
Membership and Voting Rights.
Every Owner of a Lot that is subject
to aSsessmentshall be a member of the Association. Membership shall be appurtenant to
and!may not be separated from ownership of any Lot which is subject to assessment. The
foregoing is not intended to include persons or entities who hold an interest merely as
security for the performance of an obligation. No Owner shall have more than one
votJ for each Lot owned by an Owner.
I
5.2
ProRerMailing Address.
Each Owner is required at all times to provide the
Association with proper mailing information should it differ from the property addressrelative to
o~rship.
Further, when an alternate addressexists, Owner is required to render notice of
tenaht, if any, or agency, if any, involved in the managementof said property. The Owner is
I
required and obligated to maintain current information with the Association or its designated
management company at all times.
I
5.3
Classes of Voting MembershiR.
The Association shall have two classesof
vot~g membership:
Class A.
Class A members shall be all Owners with the exception of the
Declarant and shall be entitled to one (1) vote for each Lot owned. When more than one
person holds an interest in any Lot, all such persons shall be members. The vote for such
Lot $hall be exercised as they among themselves determine, but in no event shall more
I
than! one vote be cast with respect to any Lot.
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Class B.
The Class B member(s) shall be the Declarant or its successors
I
an4 assignsto whom the right of Class B membership is expressly assigned in writing
(with a copy of the written instrument making such assignment being delivered to the
Association). Class B members shall be entitled to three (3) votes for each Lot owned.
I
Th~ Class B membership shall ceaseand be converted to Class A membership on the
happening of either of the following events, whichever occurs earlier:
\
(a)
When the total votes outstanding in Class A membership equal the
total votes outstanding in Class B membership; or
(b)
January 1,2025, or
(c)
when, in its discretion, the Class "B" Member so determines.
The Class A and Class B members shall have no rights as such to vote as a class, except
as required by the Texas Non-Profit Corporation Act, the Articles of Incorporation or the
Bylaws of the Association or as herein provided, and both classes shall vote upon all
matters as one group. Notwithstanding the prior provisions of Section 5.2 above, if
addjtional property is made subject to the jurisdiction of the Association pursuant to a
Supplemental Declaration such that Declarant owns more than ten percent (10%) of the total of
all ~ots, then Class B membership and this Section 5.2 shall be automatically reinstated ipso
I
fact~.
;/~1 5.4
Non-Profit Corooration.
MONTGOMERY
CREEK RANCH
I
COMMUNITY ASSOCIATION, INC., a non-profit corporation has been organized; and it shall
be governed by its Articles of Incorporation and Bylaws. All duties, obligations, benefits, liens
and rights hereunder in favor of the Association, shall be vested in said corporation. The
Association, by a majority vote of the Board of Directors of the Association, shall have the
26
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767-10-0077
authority to borrow money for the purpose of making capital improvements on property owned
by the Association.
.[
5.5
Bylaws.
The Association may make and establish such rules or bylaws as
it ~ay choose to govern the organization and administration of the Association, provided,
however, that such rules or bylaws are not in conflict with the terms and provisions hereof.
The
rigitt and power to alter, amend or repeal the bylaws of the Association, or to adopt new bylaws
is efpressly reserved by and delegated by the Members of the Association to the Board of
Directors of the Association.
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5.6
Inspection of Records. The members of the Association shall have the
right to inspect the books and records for the Association at reasonable times during the
normal business hours by appointment.
ARTICLE
VI
PROPERTYRIGHTS
6.1
Owner's Easementof EnJovrnent.
Every Owner shall have a nonexclusive
righ~ and easementof use, accessand enjoyment in and to the Common Area and common
facilIties, if any, which shall be appurtenant to and shall pass with the title to every Lot subject to
the fpllowing provisions:
.I (a)
The right of the Association to charge reasonable admission and other fees for the
use Qf any recreational facility situated upon the Common Area.
I (b)
The right of the Association to suspendthe voting rights and right
to usf the recreation facility by an Owner; to suspend any other service provided by the
Assofiation for an Owner for any period during which any assessmentagainst his Lot
rem~ns unpaid; and for a period not to exceed sixty (60) days for each infraction of its
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767-10--0078
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p~lished rules and regulations, or breach of any provisions of the Declaration.
(c)
The right of the Association to dedicate or transfer all or any part of the Common
Area, if any, to any public agency, authority or utility for such purposes and subject to such
co,ditions as may be agreed to by the members. No such dedication or transfer shall be effective
unless an instrument signed by two-thirds (2/3) of each class of the members agreeing to such
de4ication or transfer has been recorded in the Official Public Records of Real Property of
;
Mqntgomery County, Texas; provided, however, the Board of Directors by majority vote of the
Bo'J!.rdis authorized and empowered to causethe dedication and conveyance of utility easements
for isimilar purposes without submitting such matter to a vote of the members, and to authorize
an)1officer of the Association to execute the documents required for such dedication or
con!Veyance.
"I
(d)
The right of the Association to collect and disburse those funds as
,
set forth in Paragraph7.1 .
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(e)
The right of the Board of Directors to adopt rules regulating the use
enjoyment of the Common Area, including without limitation rules limiting the number of
guests who may use the Common Area.
(f) The right of the Board of Director to impose fines for infraction of rules and
regulations regarding the use and enjoyment of the Common Area.
(g) The right of the Board of Directors to hold any Owner liable for any damage to
any portion of the Common Area caused by the negligence or willful misconduct of the
Member or his family or guests.
6.2
Delegation of Use.
Any Owner may delegate in accordance with the Bylaws
the Owner's right of enjoyment to the Common Area and facilities, if any, to the members of the
28
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767-10-0079
OWner'sfamily, tenantsor contractpurchaserswho occupythe residentialdwelling of the
Owner'sLot.
ARTICLE VII
MAINTENANCE ASSESSMENTS
7.1
Creationof the Lien andPersonalObligationof Assessment~
Declarant, for
eac~Lot owned within the subdivisionherebycovenants,and eachOwnerof any Lot by
;
accFPtance
of a deedtherefor, whetheror not it shall be so expressedin suchdeed,is deemedto
covenantand agreeto pay to the Association; (1) annualassessment
or charges,and (2) special
ass~ssments
for capital improvements,and (3) otherchargesassessed
againstan Owner and his
Lotias provided in any otherSectionsof this Declaration,suchassessments
and chargesto be
establishedand collectedashereinprovided. The annualandspecialassessments,
aswell asthe
oth~rchargesdescribedin this Declaration,togetherwith interest,collection costsandreasonable
attorney'sfees,shall be a chargeon the Lot and shall be securedby a continuing lien upon the
Lot ~gainstwhich eachsuchassessment
is made.Eachsuchassessment
and othercharges,
togetherwith interest,collectioncostsand reasonableattorney'sfees,shall also be the personal
obligation of the personwho was the Ownerof suchproperty at the time whenthe assessment
fell due, and the personalobligation for delinquentassessments
shall not passto subsequent
Ownersof the concernedLot unlessexpresslyassumedin writing.
7.2
Purposeof Assessments.
The assessments
levied by the Association
shall be usedto promotethe recreation,health,safety,and welfare of the residentsin the
Property, for the improvement,maintenanceand management
of any CommonArea and
CommonFacilities of the Associationaswell as anyesplanadesor landscapedareas
withfn streetrights-of-waydesignatedby the Board of Directorsof the Associationas
29
767-10-0080
being appropriatefor maintenanceby the Association,and to enablethe Associationto
fu~fill its responsibilities. Theresponsibilitiesof the Associationshall include, but not be
limited to, the maintenanceand repairof the CommonArea and CommonFacilities, if
an~; constructingandmaintainingparkways,greenbelts, detentionareas,right-of-ways,
ea~ements,
esplanades,CommonAreas,sidewalks,paths,and otherpublic areas;
constructionand operationsof all streetlights; insecticideservices;purchaseand/or
operatingexpensesof recreationareas,if any; paymentof all legal and otherexpenses
inc~ed in connectionwith the collectionand enforcementof all charges,assessments,
reasonableand necessaryexpensesin connectionwith the collection and administration
of the maintenancechargesandassessments;
employingpolicemenand watchmen,
and(orsecurityservice,if desired;caring for vacantLots and doing otherthing or things
nec~ssaryor desirablein the opinionof the Board of Directors to keepthe Lots neatand
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in g,bodorder, or which is consideredof generalbenefitto the Ownersor occupantsof the
Lot$; and obtainingliability, workerscompensation,property and Director and Officer
liability insurancein amountsdeemedproperby the Board of Directors of the Association. It is
understoodthat the judgmentof the Board of Directors in the expenditureof said funds shall be
final and conclusiveso long as suchjudgmentis exercisedin good faith. All Lots in the Property
shall commenceto beartheir applicablemaintenancefund assessment
simultaneouslyfrom the
datelof conveyanceof the first Lot by Declarantto a residentOwner. The first annual
I
asse~sment
shall be adjustedaccordingto the numberof monthsremaining in the calendaryear.
I
Lotslthat are or at anytime havebeenoccupied,shall be subjectto the annualassessment
determinedby the Board of Directorsaccordingto the provisionsof Section7.3. Lots that are
not ~d havenever beenoccupied,and which are ownedby Declarant,a builder or a building
companyshall be subjectto an annualassessment
equalto one-half (1/2) of the annual
assessment
applicableto occupiedLots. The rate of assessment
for any calendaryear for any
30
767-10-0081
inqividual Lot will change within that calendar year as the character of ownership and the status
of occupancy changes,however, once any Lot has become subject to assessmentat the full rate
J
,
it shall not thereafter revert to assessmentat the lower rate.
7.3
Annual Assessment.
The Annual Assessmentshall be $200.00 per Lot
until January 1 of the year immediately following the conveyance of the first lot to an owner.
C'i~:;1 (a)
Thereafter, the annual assessmentmay be increased each year by a majority vote
Of be Board of Directors in any amount it deems necessary.
,
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(b)
Board of Directors shall fix the amount for each subsequentannual assessment
at least thirty (30) days in advance of the annual assessmentperiod, which shall begin on the first
day! of January of each year. Written notice of the annual assessmentshall be sentto every
owner subject thereto at the addressof each lot or at such other addressprovided to the
Association in writing pursuant to Section 5.1 of this Declaration. Maintenance fees are due on
January 31 of that year. If for any reasonthe Board of Directors fails to fix the annual assessment
for any year by December 2 of the preceding year, it shall be deemed that the annual assessment
for ,suchyear will be the same as established for the preceding year, and such annual assessment
shatl continue unchanged until the Board of Directors establishes a new annual assessmentin
accord with the provisions hereof.
7.4
Special Assessment for CaDital ImDrovements.1n addition to the annual
assessmentsauthorized above, the Board of Directors may levy, in any assessmentyear, a
special assessmentapplicable to the current year only for the purpose of defraying, in
whole or in part, the cost/of any construction, reconstruction, repair or replacement of a
capital improvement upon the Common Area, including fixtures and personal property
related thereto, provided any such assessmentshall have the approval of two-thirds (2/3)
of the votes of those members of each class who are voting in person or by proxy at a
31
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767-10-0082
meeting duly called for this purpose. Likewise, subjectto the provisionsof Section7.5,
the voting processfor this action mayalsobe handledby mail ballot as long asthe ballots
containthe name,propertyaddress,certificationby the Secretaryof the Association,
alternateaddressof the member,if applicable,andthe dateand signatureof the member.
Ballots maybe returnedby u.S. mail in envelopesspecificallymarkedas containing
ballots for the specialelectionor maybe collectedby doorto door canvas.Uponthe
levying of anySpecialAssessmentpursuantto the provisionsof this Section7.4, the
Associationshall causeto be recordedin the Real PropertyRecordsof the Montgomery County
Clerk's Office a swornandacknowledgedaffidavit of the President(or anyVice
President)andof the Secretaryof the Associationwhich shall certify, amongotheritems
that may be appropriate,the total numberof eachclassof membersas of the dateof the
voting, the quorumrequired,the numberof eachclassof votesrepresented,the number
of eachclassvoting "for" and "against"the levy, the amountof the specialassessment
authorized,andthe dateby which the specialassessment
mustbe paid in orderto avoid
being delinquent.
7.5
Notice and Ouorumfor any Action Authorized in ParagraQhs
7.3 and 7.4
Written notice of anymeetingcalled for the purposeof taking any action authorizedunder
Sections7.3 and 7.4 shall be sentto all membersnot lessthan fifteen (15) daysnor more than
sixty (60) daysin advanceof the meeting. At the first suchmeetingcalled,the presenceof
membersor of proxies entitledto castsixty (60) percentof all the votes of eachclassof
membershipshall constitutea quorum. If the required quorumis not present,anothermeeting
may be called subjectto the samenotice requirement,andthe required quorumat the subsequent
meetingshall be one-half (1/2) of the required quorumat the precedingmeeting.No such
subsequentmeetingshall be held morethan sixty (60) daysfollowing the preceding meeting. If
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the vote of the membersis conductedby mail or doorto doorcanvas,the approvalof two-thirds
(2/3) of the total membershipof eachclassis required.
7.6
Effect ofNonDavmentof Assessments.
Any assessment,
annualor
special, or otherchargesassessedin accordancewith Sections3.15 and4.1 not paid
within thirty-one (31) days after its due dateshall bear interestfrom the due dateat a rate
of ten percent(10%) perannum. The Associationmay bring an action at law againstthe Owner
personallyobligatedto pay the same,or foreclosethe lien hereinretainedagainstthe Lot.
Interest,penalties,costsand reasonableattorney'sfeesincurredin any suchactionshall be added
to the amountof suchassessment
or charge.In orderto securethe paymentof the assessmentsor
chargesherebylevied, a vendor'slien for the benefitof the Associationshall be and is hereby
reservedin the Deed from the Declarantto the purchaserof eachLot or portion thereof, which
lien shall be enforceablethroughappropriatejudicial proceedingsby the Association.
In additionto foreclosingthe lien herebyretained,in the eventof nonpaymentby
any Owner, of suchOwner'sportion of any assessment,
the Associationmay, acting
throughthe Board, upon ten (10) days' prior written noticethereofto suchnonpaying
Owner, in additionto all other rights and remediesavailableat law or otherwise,restrict
the right of suchnonpayingOwnerto usethe CommonAreas,if any, in suchmanneras
the Association,deemsfit or appropriateand/orsuspendthe voting rights of such
nonpaying Ownerso long as suchdefault exists.
No Owner maywaive or otherwiseescapeliability for the assessments
provided
for herein by non-useof the CommonArea or abandonment
of his Lot. In additionto the
aboverights, the Associationshall have the right to refuseto provide the servicesof the
Associationto any Ownerwho is delinquentin the paymentof the above-described
assessments.
7.7
Subordinationof the Lien to Mortgages.
As hereinaboveprovided,the title to
33
-_!i
767-10-0084
eachLot shall be subjectto a vendor'slien securingthe paymentof assessments
and charges due
the Association,but saidvendor'slien shall be subordinateto anyvalid purchasemoney lien or
mortgagecoveringa Lot and anyvalid lien securingthe costof constructionof home
improvements.Saleor transferof any Lot shall not affectthe Association'svendor'slien.
However,the sale or transferof any Lot which is subjectto anyvalid purchasemoneylien or
mortgage shall extinguishthe Association'svendor'slien securingsuchassessment
or charge
only asto paymentswhich becamedue prior to suchsale or transfer. No sale or transfer shall
relieve suchLot or the Ownerthereof from liability for anychargesor assessments
thereafter
becomingdue or from the lien thereof.
7.8
Future Sections.
The Associationshall usethe proceedsof the
assessments
for the useand benefitof all residentsof the Propertyprovided,however,
that anyadditionalpropertymadea part of the Propertyby annexationunder Section8.6
of this Declaration,to be entitledto the benefitof this maintenancefund, mustbe
impressedwith and subjectedto the annualmaintenancechargeand assessment
on a
uniform per Lot basisequivalentto the maintenancechargeand assessment
imposed
hereby,and further, madesubjectto the jurisdiction or the Association.
ARllCLE
VIII
GENERAL PROVISIONS
8.1
Th.m:hThe covenantsandrestrictionsof this Declarationshall run with
and bind the land, and shall inure to the benefitof andbe enforceableby the Association
or the Ownerof any land subjectto this Declarationor any SupplementalDeclaration,
their respectivelegal representatives,
heirs,successorsand assigns,for an initial term of
thirty (30) yearsfrom the datethesecovenantsarerecorded.During suchinitial term, the
34
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767-10-0085
\'fIt
covenants and restrictions of this Declaration may be changed or terminated only by an
instrument executed by the then Owners of seventy-five (75) percent of all the Lots
within the Property, and properly recorded in the Official Public Records of Real Property of
Montgomery County, Texas. Upon the expiration of such initial term, unless terminated as below
provided, said covenants and restrictions (as changed, if changed), and the enforcement
rights relative thereto, shall be automatically extended for successiveperiods often (10)
years each. During any such ten (10) year automatic extension period, the covenants and
restrictions of this Declaration may be changed or terminated only by an instrument signed by
the then Owners of not less than sixty-seven (67%) percent of all the Lots in the Property and
properly recorded in the Official Public Records of Real Property of Montgomery County,
Texas.
In addition, Declarant shall have the right from time-to-time, without consent of any other party
so long as Declarant owns one Lot in the Association, to amend this Declaration by an
instrument in writing duly signed, acknowledged, and filed for record in Montgomery County,
Texas, for the purpose of correcting any typographical or grammatical error, ambiguity, or
inconsistency appearing herein, or for the purpose of complying with any statute, regulation,
ordinance, resolution, or order of any federal, state, county, or municipal governing body, or any
agency or department thereof; provided that any such amendment shall be consistent with and in
furtherance of the general plan and scheme of development as evidenced by this Declaration and
any Supplemental Declaration taken collectively and shall not impair or effect the vested rights
of any Owner or mortgagee.
8.2
Enforcement.
The Association, any Owner, or the Declarant, and their
respective successorsand assigns, shall have the right to enforce by a proceeding at law
or in equity all easements,restrictions, conditions, covenants, reservations, liens
35
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,
767-10-0086
charges now or hereafter imposed by the provisions of this Declaration and in connection
therewith, shall be entitled to recover all reasonable collection costs and attorney's fees.
Failure by the Association or by any other person entitled to enforce any covenant or
restriction herein shall in no event be deemed a waiver of the right to do so thereafter. It
is hereby stipulated, the failure or refusal of any Owner or any occupant of a Lot to
comply with the terms and provisions hereof would result in irreparable harm to other
Owners, to Declarant and to the Association. Thus, the covenants, conditions, restrictions
and provisions of this Declaration may not only be enforced by an action for damages at
;;'*
law, but also may be enforced by injunctive or other equitable relief (i.e., restraining
orders and!or injunctions) by any court of competentjurisdiction, upon the proof of the
existence of any violation or any attempted or threatened violation. Any exercise of
discretionary authority by the Association concerning a covenant created by
Declaration is presumed reasonableunless the court determines by a preponderance of
the evidence the exercise of discretionary authority was arbitrary, capricious or
inconsistent with the scheme of the development (i.e., the architectural approval or
disapproval for similar renovations relative to a given location within the Property)
The Association on its own behalf or through the efforts of its management
company may initiate, defend or intervene in litigation or any administrative proceeding
affecting the enforcement of a covenant created by this instrument or for the protection,
preservation or operation of the Property covered by this Declaration. Notification will be
deemed to have been given upon deposit of a letter in the U. S. mail addressedto the
Owner alleged to be in violation. Any cost that has accrued to the Association pursuant to
this Section shall be secured and collectable in the same manner as established herein for
the security and collection of annual assessmentsas provided in Article VII.
8.3
Severabili!,y. Invalidation of anyone of these covenants by judgment or
36
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767-10-0087
other court order shall in no way affect any of the other provisions which shall remain in
full force and effect.
8.4
Interoretation. If this Declaration or any word, clause, sentence,
paragraph or other part thereof shall be susceptible of to more than one or conflicting
interpretations, then the interpretation which is most nearly in accordance with the
general purposes and objectives of this Declaration shall govern.
8.5
Omissions.
If any punctuation, word, clause, sentence or provision!
necessary to give meaning, validity or effect to any other word, clause, sentence or
provision appearing in this Declaration shall be omitted herefrom, then it is hereby
declared that such omission was unintentional and that the omitted punctuation, word,
clause, sentence or provision shall be supplied by inference.
8.6
Annexation.
Additional residential property and "Common Area" may
be annexed to the Properties:
(a)
With the consent of two-thirds (2/3) of each Class of Members, or
(b)
Notwithstanding anything contained in (a) above, additional land may be annexed
from time to time to Montgomery Creek Ranch Subdivision the Declarant, its
successors or assigns, without the consent of other Owners, or their mortgagees, within thirty
(30) years of the date of recording of this Declaration of Covenants, Conditions and
Restrictions. Also not withstanding anything contained in (a) above, the Declarant, its
successors or assigns, may annex Montgomery Creek Ranch to another subdivision or
subdivisions without the consent of other Owners, or their mortgages, within thirty (30) years of
the date of recording of this Declaration of Covenants, Conditions and Restrictions.
(c)
The annexation or addition may be accomplished by the execution
and filing for record in the Real Property Records of Montgomery County, Texas by the owner
37
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767-10-0088
of the property being added or annexed. Each such instrument evidencing the
annexation of additional property shall describe the portion of the property comprising
the Lots and Common Area, if any. Such "Supplemental Declaration" may contain such
other provisions which are not inconsistent with the provisions of this Declaration of
Covenants, Conditions and Restrictions or the general scheme or plan of Montgomery Creek
Ranch as a residential development. Nothing in this Declaration shall be construed to represent
or imply that Declarant, its successorsor assigns, are under any obligation to add or annex
additional property to this residential development;
(d)
At such time as the "Supplemental Declaration" is filed for record
as hereinabove provided, the annexation shall be deemed accomplished and the annexed
area shall be a part of the properties and subject to eachand all of the provisions of this
Declaration of Covenants, Conditions and Restrictions and to the jurisdiction of the Association
in the same manner and with the same force and effect as if such annexed property had been
originally included in this Declaration of Covenants, Conditions and Restrictions as part of the
original development.
(e)
After additions or annexations are made to the development, all
assessmentscollected by the Association from the Owners in the annexed areas shall be
co-mingled with the assessmentscollected from all other Owners so that there shall be a
common maintenance for the Properties.
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767-10-0089
EXECUTED this 31st dayof January,2005
DECLARANT:
WOODMERE DEVELOPMENT CO. Lill.
By: L. L. MANAGE~ L.L.C., a Texas
limi
Ii ility company,its GeneralPartner
B
N e: JohnSachs
Title: Manager
39
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767-10-0090
THE STATE OF TEXAS
~
§
COUNTY
OF HARRIS
§
This instrument was acknowledged before me on the 31 st day of January.
2005. by Johns Sachs. Manager oft. L. MANAGER., L.L.C.. a Texas limited liability company.
on behalf of said company.
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d ~ tb STATE OF TEXAS
N0taryn..'
ru cman lor e
NOTARYPU3ut;
STATE
OFTEXAS
CO.,ISSION
EXPIRES:
MAA.CH 7, 2007
AFTER RECORDINGPLEASE RETURN TO:
SCSMANAGEMENT COMPANY
7170 CHERRY PARK DRIVE
HOUSTON. TX 77095
;~CO8DS
MEMORANDUM
At the time of recordation, this instrument was
found 10be inadequate for the best photographic
reproduction because of illegibility, carbon or
photo copy, discolored paper, etc. All blackouts,
additions and changes were present at the time
the instrument was filed and recorded.
i:::', f:C\ f;~)R RECORD
STATE
OFTEXAS
2005FEB 18 PM 3: 40
COUNTYO~~~J;~~~~'iSln.truma"J:tafh~~~~
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File Numper!3eqijo~;e;~d ~:.d~f ~ECORCED ~
s'lam~d "l @r~~~'~Y
IQ r'lIcotd. of ~ea' Property
the 0"10.' ".~url.
Montgomery
Counl;~.
r8Kao,
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,,-
/;I.M
COi.Jli"lY CLERK
\lONTGr)W~fiY
toUNTY,TfXAS
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1 8 2005
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..IIAontgomery
CountyClerk
Texas
County,
40