SECOND AMENDED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
GOLDENWOOD WEST
STATE OF TEXAS
COUNTY OF HAYS
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, Goldenwood Properties, Inc., a Texas corporation, hereinafter referred
to as the “Declarant”, is the Owner of all that real property described
in Article III of this Declaration;
WHEREAS, the Declarant intends to convey, and will convey the real property described
in Article III hereof together with such additions as may hereafter be made thereto
(as provided in Article Three hereof),
NOW, THEREFORE, it is hereby declared that the real property described in Article
Three is and shall be held, sold and conveyed subject to the following easements,
convenants, conditions, restrictions, liens and charges, which are for the purpose
of protecting the value and desirability of said property, and which shall run
with the land and be binding upon any and all persons having any right, title
or interest in or to the said property or any part thereof, or their legal representatives,
heirs, successors and assigns, and which shall inure to the benefit of each Owner
thereof.
ARTICLE ONE – DEFINITIONS
1. ASSOCIATION. “Association” shall mean and refer to Goldenwood
West Property Owners’ Association, Inc., a Texas nonprofit corporation
which Declarant shall cause to be incorporated, its successors and assigns.
2. COMMON PROPERTIES. “Common Properties” shall mean and refer to
all property owned, leased or held by the Association for the purposes of safety,
transportation, communication, recreation, landscaping or security for the common
use and benefit of its Members, including, but not limited to streets and roads
which have been completed but have not been accepted by the appropriate governmental
entity for maintenance.
3. DECLARANT. “Declarant” shall mean and refer to Goldenwood Properties,
Inc., a Texas corporation and its successors and assigns.
4. LOT. “Lot” shall mean and refer to each and any of the plots of
lands shown on the Subdivision plat(s) on which plot of land there is or will
be built a residential dwelling. The term “Lot” shall not include
any reservations on said plat(s).
5. MEMBER. “Member” shall mean and refer to every person or entity
who holds membership in the Association.
6. OWNER. “Owner” shall mean and refer to the record Owner, whether
one or more persons or entities, of the fee simple title to any Lot or portion
of a Lot on which there is or will be built a detached single-family residence,
including contract purchasers.
7. SUBDIVISION. “Subdivision” shall mean and refer to Goldenwood
West, Section I, Subdivision in Hays County, Texas, according to the map or plat
thereof recorded in Book 2, Pages 322-324 of the Plat Records of Hays County,
Texas, and all subsequent sections of Goldenwood West being or to be developed
by Declarant and brought within the scheme of this Declaration.
ARTICLE TWO – PURPOSE
The Subdivision is hereby encumbered by the covenants, conditions and restrictions
hereinafter set forth to ensure the best and highest use and the most appropriate
development and improvement of each Lot within the Subdivision for residential
purposes; to protect the Owners of Lots against the improper use of surrounding
Lots; to preserve, so far as practicable, the natural beauty of the Subdivision;
to encourage and secure the erection of attractive, appropriately located improvements
on each Lot; to secure and maintain the proper use of easements within the Subdivision,
to preserve the lines of sight and views from the Lots and, in general, to provide
for development of the highest quality to enhance the value of the investment
made by Owners in purchasing Lots in the Subdivision.
ARTICLE THREE – PROPERTY SUBJECT TO THIS DECLARATION
1. DESCRIPTION. The real property which is, and shall be, held, transferred,
sold, conveyed, and occupied subject to this Declaration consists of all of Goldenwood
West, Section I, a subdivision in Hays County, Texas, according to the map or
plat thereof recorded in Book 2, Pages 322-324 of the Plat Records of Hays County,
Texas (or any subsequently recorded plat thereof).
2. MINERAL EXCEPTION. There is hereby excepted from the Subdivision and Declarant
will hereafter except from all its sales and conveyances of the Lots, all oil,
gas and other minerals in, on and under the Lots.
3. ADDITIONAL LANDS. The Declarant, its successors and assigns, shall have the
right to bring within the scheme of this Declaration additional properties in
future stages of the development (including, without limitation, subsequent sections
of Goldenwood West Subdivision) upon the approval of the Board of Trustees of
the Association, in its sole discretion. Any additions authorized under this
and the succeeding subsection, shall be made by filing of record a Supplemental
Declaration of Covenants, Conditions and Restrictions with respect to the additional
property which shall extend the scheme of the covenants, conditions and restrictions
of this Declaration to such property, and the execution thereof by a majority
of the members of the Board of Trustees of the Association shall constitute all
requisite evidence of the required approval thereof by such Board of Trustees.
Such Supplemental Declaration must impose an annual maintenance charge assessment
on the property covered thereby, on a uniform, per lot basis, substantially equivalent
to the maintenance charge and assessment imposed by this Declaration, and may
contain such complementary additions and/or modifications of the covenants and
restrictions contained in this Declaration as may be applicable to the additional
lands.
ARTICLE FOUR – GOLDENWOOD WEST PROPERTY OWNERS’ ASSOCIATION, INC.
1. CREATION. The Association shall be formed for the purposes, charged with the
duties and vested with the powers prescribed by law or set forth in the Articles
of Incorporation and Bylaws thereof. Neither the Articles nor the Bylaws of the
Association shall, for any reason, be inconsistent with the provisions of this
Declaration. In the event of inconsistency between this Declaration and the Articles
of Incorporation and/or Bylaws of the Association, the terms of this Declaration
shall be controlling.
2. MEMBERSHIP.
(a) Every Owner (including the Declarant) of a Lot within the Subdivision shall
automatically become a Member of the Association.
(b) Membership shall be appurtenant to and shall not be separated from Lot ownership.
Membership shall be in accordance with the Articles and Bylaws of the Association.
3. VOTING RIGHTS.
(a) Each Lot shall be entitled to one (1) vote on all matters subject to voting
approval of the Members of such Association; provided, however, that in the event
of the resubdivision of any Lot, the number of votes to which such Lot is entitled
shall be increased as necessary to retain the ratio of one (1) vote for each
lot resulting from such resubdivision. No resubdivision shall be effective, for
purposes of these Restrictions, unless the same is approved both by the Committee
and by the appropriate governmental entity in accordance with the requirements
of Article 974a, Texas Revised Civil Statutes, and duly recorded in the Plat
Records of Hays County, Texas. In the event of the consolidation of two (2) or
more Lots for purposes of construction of a single residence thereon, voting
rights shall continue to be determined according to the number of original Lots
contained in such consolidated Lot.
(b) When more than one person or entity holds an interest in any Lot, all such
persons or entities shall be Members. The vote for such Lot may be exercised
as the Owners thereof mutually agree, but in no event shall the vote for such
Lot exceed the total share vote to which each Lot is entitled as herein provided.
(c) Any Member in default in the payment of any assessment or the performance
of any obligation imposed by this Declaration shall not be entitled to vote at
any meeting of Association so long as such default remains in existence.
(d) Notwithstanding anything to the contrary contained herein, until such time
as Declarant has sold and conveyed eighty-five percent (85%) of the Lots in the
Subdivision, each Lot owned by Declarant shall be entitled to two (2) votes on
all matters subject to voting approval of the Members of the Association.
ARTICLE FIVE – MAINTENANCE AND ASSESSMENTS BY PROPERTY OWNERS’ ASSOCIATION
1. MAINTENANCE. The Association shall maintain, preserve and operate the Association’s
Common Properties to the extent and the effect that the Association’s Board
of Trustees deems appropriate from time to time. The Association’s responsibility
to preserve Common Properties shall include, without limitation, an obligation
to pay all taxes assessed against such Common Properties.
2. ASSESSMENTS ESTABLISHED. Each Owner of any Lot in the Subdivision, by acceptance
of a deed and/or contract for deed therefore, whether or not it shall be so expressed
in such deed and/or contract, is deemed to covenant and agree to pay to the Association:
(i) monthly assessments or charges and (ii) any additional assessments which
may be levied as the result of any maintenance expense incurred by the Association
pursuant to Article Five, paragraph 7 or Article Seven, paragraph 26 of this
Declaration. Such assessments shall be established and collected as hereinafter
provided.
3. PURPOSES OF MONTHLY ASSESSMENTS. The regular monthly assessments levied by
the Association shall be used exclusively to maintain, preserve and operate the
Association’s Common Properties for the benefit of its Members. Such purposes
shall include, but not be limited to: providing utility services to Common Properties;
paying ad valorem taxes on Common Properties; providing for the maintenance of
streets, roads, thoroughfares and bridges which have been completed but have
not been accepted by the appropriate governmental entity for maintenance; maintaining
and preserving Common Properties; and creating reasonable reserves for the future
maintenance, preservation and operation of Common Properties.
4. AMOUNT OF MONTHLY ASSESSMENTS. The Declarant shall establish an initial budget
for the Association; thereafter, the Association shall make a reasonable effort
to establish a budget on or before December 1st of each year for the following
calendar year. Such budget shall include an estimate of all expenses and reserves
for which such Association shall be responsible. A monthly budget shall then
be obtained by dividing the total estimated amount by twelve (12) months and
the resulting monthly budget shall be prorated among the Members of such Association
by way of monthly assessments in accordance with the provisions of this Declaration.
The initial monthly assessment as fixed by Declarant for each Lot subject to
assessments shall be ten dollars ($10.00). The maximum monthly assessment for
each Lot shall be as provided in the Bylaws of the Association.
5. UNIFORM BASIS OF ASSESSMENTS. Monthly assessments shall be fixed at a uniform
basis for all Lots in accordance with Article Five, paragraph II hereof and may
be collected on a monthly basis.
6. DATE OF COMMENCEMENT OF MONTHLY ASSESMENTS; DUE DATES. The monthly assessments
provided for herein shall commence on the first day of the first month following
the conveyance of such Lot from Declarant to an Owner, and shall continue thereafter
at the discretion of the Association. The initial monthly assessment to be levied
by the Association shall be as fixed by Declarant in Article Five, paragraph
4 hereof; thereafter, the Association’s Board of Trustees shall fix the
amount of the monthly assessment against each Lot at least thirty (30) days prior
to January 1st of each calendar year and written notice of the amount of the
Association’s Board of Trustees shall be sent to the Owner of every Lot
subject thereto. The Association shall, upon demand and for a reasonable charge,
furnish a certificate signed by an officer of the Association stating whether
or not the assessments on a Lot have been paid.
7. SPECIAL ASSESSMENTS. The Bylaws of the Association shall provide that a special
meeting of the Members may be called as therein provided in the event that a
natural disaster or other occurrence should cause loss or damage to the Common
Properties, the proper repair or replacement of which Common Properties would
exceed the Association’s budget. At any regular or such special meeting,
two-thirds (2/3) of the Owners may vote for the establishment and collection
of a special assessment against all Lots in order to accomplish such needed repair
or replacement within a reasonable period of time, provided that no special assessment
may be established or collected for purposes other than as set forth above without
the unanimous approval of all Owners voting.
8. PERSONAL OBLIGATION AND LIEN; REMEDIES OF THE ASSOCIATION FOR NONPAYMENT.
There is hereby imposed a continuing lien on each Lot in the Subdivision to secure
the payment of any assessment authorized hereunder, including any assessment
resulting from maintenance expense incurred by the Declarant or the Committee
pursuant to Article Seven, paragraph 26 hereof, and such lien shall, to the fullest
extent permitted by law, bind such Lot or Lots in the hands of the then Owner,
and such Owner’s heirs, devisees, personal representatives, successors
and assigns. Any assessment authorized hereunder, including any assessment resulting
from maintenance expense incurred by the Declarant or the Committee pursuant
to Article Seven, paragraph 26 hereof, not paid on or before the date due shall
be deemed delinquent. Each such assessment, together with interest, costs, and
reasonable attorney’s fees shall also be the personal obligation of the
Owner of such property at the time when such assessment falls due. If an assessment
is not paid within thirty (30) days after the due date, the assessment shall
bear interest from the due date at the rate of ten percent (10%) per annum, and
the Association may either (i) bring an action at law against the Owner personally
obligated to pay the same, or (ii) foreclose said lien against the Lot, or (iii)
both; and, in such event, there shall be added to the amount of such assessment
interest as provided herein and all costs of collection, including reasonable
attorneys’ fees. No Owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of any Common Property or by abandonment
of such Owner’s Lot.
9. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien to secure payment of the
assessments provided for herein shall be subordinate to the lien of any first
mortgage on a Lot. Sale or transfer of any Lot shall not affect the validity
of an assessment lien hereunder. The sale or transfer of any Lot pursuant to
mortgage foreclosure or any proceeding in lieu thereof shall, however, extinguish
the lien to secure payment of such assessments which become due prior to such
sale or transfer. No sale or transfer shall relieve the purchaser of such Lot
from liability for any assessments thereafter becoming due or from the lien securing
the payment thereof. No extinguishment of any lien shall relieve the delinquent
Owner for his personal obligation and liability for payment of the assessments
therefore secured by that lien.
10. EXEMPT PROPERTY. The following property subject to this Declaration shall
be exempt from the assessments, charges and liens created herein;
(i) All property dedicated and accepted by any local governmental authority and
devoted to public use; and (ii) All Common Properties; and (iii) All Lots owned
by the Declarant, provided, however, the Declarant shall have the obligation
to pay from time to time, such sums as Declarant, in its judgment, determines
to be its pro rata portion (based upon the number of Lots owned by Declarant)
of the expenses paid by the Association from the assessments authorized hereunder.
11. CALCULATION OF ASSESSMENTS BY LOT. The ratio of the assessments made against
each Lot by the Association shall be the same as the ratio of one (1) to the
total number of Lots in the Subdivision subject to such assessment. The “total
number of Lots” shall initially be the number of Lots shown on the original
recorded plat of the Subdivision, but such total shall be subject to modification
in order to reflect any future phases. An Owner may consolidate two (2) or more
Lots for the purpose of constructing one single-family residence thereon; provided,
however, that in the event of the consolidation of any two or more of the original
Lots, such consolidation shall in no event have the effect of reducing the assessment
due thereon, and such assessment shall continue to be based upon the number of
original Lots contained in the consolidated Lot. No diminution or abatement of
assessments shall be allowed or claimed for inconvenience or discomfort arising
from the construction, relocation, installation or repair of security devices,
or from any action taken to comply with any law, ordinance, or order of a governmental
authority.
ARTICLE SIX – ARCHITECTURAL AND PROTECTIVE COMMITTEE
1. CREATION. An Architectural and Protective Committee (hereinafter sometimes
referred to as the “Committee”) shall be designated and composed
of three (3) members, to be appointed by Declarant. The following persons are
hereby designated as the initial members of the Committee: Randall Ashelman,
Patti Farmer, and Taylor King. Each member of the Committee shall serve for a
term of two (2) years, unless such member sooner resigns by giving written notice
of resignation to the remaining members of the Committee, or is removed at the
direction of remaining members of the Committee, or is removed at the direction
of Declarant or its successors and assigns. The Committee shall serve at the
pleasure of the Declarant, its successors and assigns, and a member of the Committee
may be removed for any reason. When ninety percent (90%) of the Lots in the Subdivision
are sold, Declarant shall delegate the authority to appoint members of the Committee
to the Association by written notice, after which time the Board of Trustees
of the Association shall have the right to appoint and remove members of the
Committee.
2. SUBMISSION AND APPROVAL OF PLANS AND SPECIFICATIONS. A copy of the construction
plans and specifications, including exterior views, exterior materials, colors
and elevation; a site plan showing the location of any proposed structure or
improvement; a landscaping plan; soil percolation test data; and any other information
or documents which may be required by the Committee shall be delivered, together
with any review fee which is imposed by the Committee in accordance with Article
Six, paragraph 3, to the Committee at the offices of Goldenwood Properties, Inc.,
2806 Nueces, Austin, Texas 78705, or such other address as may hereafter be designated
in writing from time to time, not less than thirty (30) days prior to the date
construction on a Lot is to be commenced. No structure or improvement, including
but not limited to buildings, fences, walls, landscaping, pools, exterior lighting
fixtures, security and emergency communications systems and radio-television
antennae, shall be placed or altered on any Lot until the plans and specifications
therefore and the builder which the Owner intends to use to construct the proposed
structure or improvement have been approved in writing by a majority of the members
of the Committee. The Committee may, in reviewing such plans and specifications,
consider any information which it deems proper, including, without limitation,
any permits or percolation tests which may be required by the Committee or any
other entity; information relating to the question of whether any proposed improvement
would unreasonably obstruct the view from neighboring Lots; harmony of external
design and location in relation to surrounding structures, topography and finished
graded elevation; and the identity of the builder which an Owner proposes to
use to construct the proposed structure or improvement. The Committee may postpone
its review of any plans and specifications submitted for approval pending receipt
of any information or material which the Committee, in its sole discretion, may
require. A copy of the construction plans and specifications and a site plan
showing the location of the proposed structure or improvement, if approved, shall
remain in the possession of the Committee until the Subdivision is built out
in its entirety. Site plans must be approved by the Committee prior to the clearing
of any Lot or the construction of any improvements thereon. The Committee may
refuse to approve plans and specifications for proposed improvements on any grounds
which, in the sole and absolute discretion of the Committee, are deemed sufficient,
including, but not limited to, purely aesthetic grounds. In reviewing plans and
specifications, the Committee shall consider, but not be limited by, the purposes
set forth in Article Two of this Declaration.
3. ADOPTION OF RULES. The Committee shall have the authority to adopt such procedural
and substantive rules, not in conflict with this Declaration, as it may deem
necessary or appropriate for the performance of its duties hereunder. In addition,
the Committee shall have the power and authority to impose a reasonable charge
not in excess of $100 as it deems necessary or convenient for the review of plans,
specifications and other documents and information submitted to it pursuant to
the terms of this Declaration. Such charges shall be held by the Committee and
used to defray the administrative expenses incurred by the Committee in performing
its duties hereunder; provided, however, that any excess funds held by the Committee
shall be distributed to the Association at the end of each calendar year.
4. ACTIONS OF THE COMMITTEE. The Committee may, by resolution unanimously adopted
in writing, designate one or two of its members or an agent acting on its behalf
to take any action or perform any duties for and on behalf of the Committee,
except the granting of variances as hereinafter provided. In the absence of such
designation, the vote of a majority of all of the members of the Committee taken
without a meeting shall constitute an act of the Committee.
5. FAILURE TO ACT. In the event that any plans and specifications are submitted
to the Committee as provided herein, and the Committee shall fail either to approve
or reject such plans and specifications for a period of twenty-one (21) days
following such submission, no approval by the Committee shall be required, and
approval of such plans and specifications shall be presumed; provided, however,
that such twenty-one (21) day period shall not begin to run until all information
required to be submitted by the Committee to assist in its review of any plans
or specifications has been received by the Committee. Any failure of the Committee
to act upon a request for a variance hereunder shall not be deemed a consent
to such variance, and the Committee’s written approval of all requests
for variances shall be expressly required.
6. VARIANCES. The Committee may grant variances from compliance with any of the
provisions of this Declaration or any Supplemental Declaration hereinafter placed
of record, including, but not limited to, restrictions upon height, size, shape,
floor areas, land area, placement of structures, setbacks, building envelopes,
colors, materials, or land use, when, in the opinion of the Committee, in its
sole and absolute discretion, such variance will not be adverse to the overall
development plan for the Subdivision, and such variance is justified due to visual
or aesthetic considerations or unusual circumstances. All variances must be evidenced
in writing and must be signed by at least a majority of the members of the Committee.
If a variance is granted, no violation of the covenants, conditions, or restrictions
contained in this Declaration or any Supplemental Declaration shall be deemed
to have occurred with respect to the matter for which the variance was granted.
The granting of such variance shall not operate to waive or amend any of the
terms and provisions of this Declaration or any Supplemental Declaration for
any purpose except as to the particular property and in the particular instance
covered by the variance, and such variance shall not be considered to establish
a precedent for any future waiver, modification, or amendment of the terms and
provisions hereof.
7. DURATION OF APPROVAL. The approval or consent of the Committee of any plans
and specifications, whether by action or inaction, and any variances granted
by the Committee not stating a different period of effectiveness shall be valid
for a period of three (3) months only. In the event construction in accordance
with such plans and specifications or variance is not commenced on a Lot within
such three (3) month period, the Owner of the Lot shall be required to resubmit
such plans and specifications or request for a variance to the Committee, and
the Committee shall have the authority to re-evaluate such plans and specifications
in accordance with this Article and may, in addition, consider any change in
circumstances which may have occurred since the time of the original approval
thereof.
8. NO WAIVER OF FUTURE APPROVALS. The approval or consent of the Committee to
any plans or specifications for any work done or proposed in connection with
any other matter requiring the approval or consent of the Committee shall not
be deemed to constitute a waiver of any right to withhold approval or consent
as to any plans and specifications, or other matter whatever, subsequently or
additionally submitted for approval by the same or a different person, nor shall
such approval or consent be deemed to establish a precedent for future approvals
by the Committee.
9. NONLIABILITY OF COMMITTEE MEMBERS. Neither the Committee, nor any member thereof,
shall be liable to any Owner or to any other person for any loss, damage or injury
arising out of the performance of the Committee’s duties under this Declaration,
unless such loss, damage, or injury is due to the willful misconduct or bad faith
of the Committee or its member, as the case may be.
ARTICLE SEVEN – LAND USE AND ARCHITECTURAL RESTRICTIONS
1. LAND USE AND BUILDING TYPES. All Lots shall be used only for single-family
residential and recreational purposes in accordance with these covenants, conditions
and restrictions, and no building or improvement shall be erected, altered, placed
or permitted to remain on any Lot except as authorized under the terms and conditions
hereof. All buildings shall be subject to such height limitations as the Committee
may judge necessary to preserve lines of sight and views from neighboring Lots.
2. MINIMUM FLOOR AREA AND ROOFS. Any single-family dwelling constructed on a
Lot must have a floor area of not less than 1,600 square feet, exclusive of open
and closed porches, terraces, patios, balconies, driveways and garages. An attached
two-car garage shall not reduce the minimum ground floor area requirement.
3. EXTERIOR FINISH MATERIALS AND ROOFS. All homes shall be constructed with an
exterior façade of at least 40% masonry. Unpainted, shiny metal roofs
shall not be permitted within the Subdivision.
4. SETBACKS. No building shall be located on any of the Lots nearer than forty
(40) feet from any front or rear Lot line, nearer than forty (40) feet from any
street or cul-de-sac, or nearer than twenty (20) feet from any side Lot line.
The Committee shall have the right to impose such additional setback requirements
as it deems necessary to preserve lines of sight from neighboring Lots. The Committee
shall be entitled to review and modify the setback requirements for Lots for
which compliance with the foregoing setback requirements might be difficult or
impossible.
5. DRIVEWAYS. All private roads and driveways on any Lot shall be constructed
of paving at least in accordance with Hays County road specifications and shall
be properly maintained. All drainage structures under private driveways shall
have a net drainage opening area of sufficient size to permit the free flow of
water without backwater, and shall be subject to the approval of the Committee.
6. PETS AND LIVESTOCK. No pets, animals, livestock or poultry of any kind shall
be raised, bred or kept on any Lot, except that:
(a) Domestic pets may be kept for non-commercial purposes for each full Lot if
fenced in a manner and location acceptable to the Committee and if never allowed
to run at large within the Subdivision. No animal(s) may be kept which, in the
sole discretion of the Committee, shall create any noise or odor nuisance.
7. CAMPING. The only camping allowed shall be temporary recreational camping
with the prior consent of the Committee and for periods which, in the sole discretion
of the Committee, does not create a noise or visual nuisance. No permanent or
temporary outdoor latrines shall be allowed.
8. PROHIBITED STRUCTURES. Only in connection with camping allowable under paragraph
6 of this Article shall tents, trailers or motor homes be erected and/or used
on any Lot and in such case only for periods of one (1) week or less. No other
structure of a temporary character, including trailers, basements, tents, shacks,
horse trailers, or other outbuildings, shall be erected and/or used on any Lot
at any time, either temporarily or permanently. No mobile home shall be placed
on any Lot at any time, either temporarily or permanently.
9. COMPLETION OF STRUCTURES. The exterior of each house or other improvement
shall be completed and finished within six (6) months of the earliest to occur
of (i) the placement of building materials on the Lot, or (ii) the commencement
of foundation work for the structure, or (iii) the commencement of on-site work
on the structure itself.
10. SEWAGE DISPOSAL. All soil-absorption sewage disposal systems must be constructed
(i) in accordance with the minimum requirements of the Division of Sanitary Engineering
of the Texas State Department of Health, and (ii) in conformity with the restrictions
outlined on the recorded plat of the Subdivision, and (iii) inspected for compliance
by a duly authorized agent of the Hays County Health Department. In addition,
no soil absorption sewage disposal systems or components thereof may be installed
on any Lot without the prior written approval of the Committee. The Committee
is hereby authorized to consider, without limitation, when evaluating proposed
plans for soil absorption sewage disposal systems: (i) The soil percolation rate
and known subsurface geology of the proposed drainage site; (ii) the projected
load upon the sewage disposal system in view of the planned number of bedrooms,
water conservation devices, etc; and (iii) the cost and effectiveness of alternative
systems. The Committee is hereby authorized to set such standards for acceptable
sewage disposal systems in excess of the minimum standards set by appropriate
governmental entities as the Committee, in its sole discretion, shall deem necessary
to protect the environmental integrity of the Subdivision and the health of its
residents.
11. BUTANE AND FUEL TANKS. No butane or fuel tank or other structure or facility
for the storage of combustible fuels shall be placed or maintained on any Lot
unless expressly authorized in writing by the Committee.
12. FENCES. Any fence, wall, hedge or other similar structure or improvement
shall be approved by the Committee with respect to location, height, type and
materials. No wire fence of any type will be permitted along the frontage of
a Lot. Perimeter fencing is discouraged.
13. SIGNS. No signs of any character shall be allowed on any Lot except those
approved prior to erection by the Committee for purposes of identification or
sale of a Lot or the residence thereon. House identification signs are encouraged
and should be constructed out of masonry and lighted in compliance with Committee
guidelines.
14. TRUCKS, BUSES, TRAILERS, AND BOATS. No bus, semi-trailer, machinery, equipment
or truck larger than a _ ton pickup shall be kept, placed, maintained, constructed,
or repaired on or in the street in front of the Lot, except for construction
and repair vehicles during the period of construction on a Lot. No motor vehicle
of any type shall be constructed or repaired on or in front of any Lot in such
manner as to be visible from neighboring property.
Motor homes, recreational house trailers, horse trailers, truck campers, boats,
boat trailers and recreational vehicles of any type kept on a Lot shall be kept
within a garage or in such a manner as to not be visible from neighboring property.
No motorized vehicle of any kind shall be operated in any manner which is dangerous,
noisy, or creates a nuisance in the opinion of the Committee.
15. PARKING. On-street parking shall be prohibited, except in emergency circumstances.
16. DUMPING, RUBBISH, GARBAGE AND STORAGE. No Lot shall be used or maintained
as a dumping ground for rubbish or trash, nor may such materials be buried or
burned on any Lot, and all garbage or other waste shall be kept in sanitary containers.
All garbage, storage, and disposal containers shall be kept in a clean and sanitary
condition, and the location and type of such containers shall be subject to the
approval of the Committee.
17. FIREARMS. No firearms, fireworks, or explosions shall be discharged or openly
displayed on any Lot. No hunting, including hunting with bow and arrow, shall
be permitted within the Subdivision.
18. COMMERCIAL ACTIVITIES. No business, professional, commercial, or trade venture
or activity shall be conducted on any of the Lots; provided, however, that model
homes and/or sales offices may be constructed and maintained by Declarant, its
successors and assigns, in connection with the development of and the construction
and sale of houses in the Subdivision. Subject to the prior written consent of
the Committee, which consent is and shall be expressly required, home offices
to which the general public is invited, incidental to an Owner’s business,
may be maintained within such Owner’s residence, so long as activities
conducted in connection with such home offices do not become an annoyance or
nuisance to the neighborhood, in the sole and absolute discretion of the Committee.
19. ANNOYANCE OR NUISANCE. No noxious or offensive activity shall be carried
on upon any Lot, nor shall anything be done thereon which is or may become an
annoyance or nuisance to the neighborhood, in the sole discretion of the Committee.
No clothesline or air conditioner window units shall be visible from a neighboring
Lot without the written consent of such neighboring Owner. No unsightly or elaborate
radio or television antennae shall be permitted; provided, however, that conventional
antennae for normal household radio and television viewing purposes may be maintained,
subject to the approval of the Committee as to appearance, height and location.
All exterior lighting shall be subject to review and approval by the Committee,
and no offensive exterior lighting shall be permitted.
20. TOXIC SUBSTANCES. The Committee shall have the right to prohibit the storage
and/or application on Lots of those toxic substances including, without limitation,
herbicides and pesticides, which (i) in the sole discretion of the Committee,
present an unreasonable hazard to human health or environmental quality due to
the location, type or amounts of such storage and/or application or (ii) which
creates residues detectable outside the lot on which they were applied.
21. TREES. No trees having a diameter of five (5) inches or more, measured one
foot above natural ground level, shall be removed from any Lot without the consent
of the Committee. Any tree stumps shall also be promptly removed.
22. OIL AND SURFACE MINING. No oil drilling or development shall be permitted
within the subdivision by surface estate Owners, their agents or assigns. No
quarrying or mining operations shall be permitted upon or in any Lot.
23. CREEK AND TRIBUTARY OBSTRUCTIONS. No obstructions of any type, including,
but not limited to, fences, dams, and concrete walkways, shall be placed in,
on or across the bed of any creek or drainage course adjoining or running through
any Lot in the Subdivision, without the written consent of the Committee.
24. RESUBDIVISION AND CONSOLIDATION. None of the Lots in the Subdivision shall
be resubdivided. Only one single-family dwelling shall be erected on any one
Lot. An Owner may consolidate two or more Lots for the purpose of constructing
one single-family dwelling thereon.
25. EASEMENTS. In addition to the easements and setbacks shown and referenced
on the plat of record for the Subdivision, there is hereby reserved to Declarant,
its successors and assigns, easements on, over and under each Lot for the placement
of braces, guy-wires and anchors relating to utility lines placed within the
public utility easements shown on the plat of record for the Subdivision, and
there is also hereby granted to Declarant, its successors and assigns, a ten
(10) foot wide public utility easement along the side and rear lines of each
Lot. The right of use of any easement shall include at all times the right of
ingress and egress, for the installation, operation, maintenance, repair, or
removal of any utility facilities, together with the right of removal of any
obstruction that may be placed in such easement which would constitute interference
with the use, maintenance, operation or installation of such utility facilities.
An easement is hereby granted to all law enforcement, fire protection, ambulance
and other emergency vehicles, and to garbage and trash collection vehicles and
other service vehicles to enter upon the Lots in the performance of their duties.
Further, an easement is hereby granted to the Association, its officers, agents,
employees and management personnel to enter the Lots to render any service.
26. WATER WELLS. Because the Lots in the Subdivision shall be served by a central
community water system and it is important to protect and preserve the aquifers
underlying the Subdivision, private water wells may not be drilled so long as
adequate potable water is available through the central system. Water wells may
not be drilled without the prior written permission of the Protective Committee
and if approved shall be properly located, cased and maintained in order to prevent
the contamination or unnecessary depletion of the aquifers underlying the Subdivision,
and in no case shall a water well be drilled within one hundred fifty (150) feet
of a septic drainage field. Each Owner shall promptly provide the Committee with
a driller’s log of any well on the Owner’s Lot. No water shall be
transported for commercial purposes off the premises, and houses within the Subdivision
shall be constructed with such water-conservation devices as the Committee from
time to time may prescribe.
27. MAINTENANCE REQUIREMENTS. In the event the Owner of any Lot shall fail to
maintain such Lot and the improvements situated thereon in a neat and orderly
manner, the Association, acting through the Committee, its agents and employees,
shall have the right to enter upon said Lot and to repair, maintain, and restore
the Lot and exterior of any and all buildings and other improvements erected
thereon at the expense of Owner.
The Committee shall have the sole authority to make a determination as to the
acceptability of the maintenance and appearance of any Lot. In the event that
the Association or the Committee incurs any expense in maintaining all or any
portion of a Lot, the costs thereof shall be charged to and paid by the Owner
of such Lot. If such Owner fails to pay such costs upon demand, the Association
shall have the right to maintain an action in a court of appropriate jurisdiction
to recover any sums so expended. In addition, the Association shall be entitled
to pursue the remedies set forth in Article Five, paragraph 2 of this declaration.
ARTICLE EIGHT – GENERAL PROVISIONS
1. ENFORCEMENT. The Declarant or any Owner shall have the right to enforce, by
any proceeding at law or in equity, all restrictions, conditions and reservations
now or hereafter imposed by the provisions of this Declaration or any Supplemental
Declaration. Any failure to enforce the covenants and restrictions herein contained
shall in no event be deemed a waiver of the right to do so thereafter, and any
violation of these covenants shall not affect the lien of any mortgage or deed
of trust or of any secured party. Any person or entity found by a court of appropriate
jurisdiction to be in violation of this Declaration shall be liable to the party
seeking to enforce this Declaration for all costs, expenses and reasonable attorneys
fees incurred in connection with the enforcement hereof.
2. SEVERABILITY. Invalidation of any one or more of these convenants or restrictions
by judgement or court order, shall in no way affect the validity of any other
provision hereof, and all such other provisions shall remain in full force and
effect.
3. AMENDMENT AND DURATION. The covenants, conditions and restrictions of this
Declaration may be amended or changed by written instrument duly recorded in
the Hays County Deed Records and signed by not less than two-thirds (2/3) of
the then Owners of the Lots in the Subdivision. The covenants, conditions and
restrictions of this Declaration shall run with and bind the land and shall inure
to the benefit of and be enforceable by the Declarant or the Owner of any Lot
subject to this Declaration and their respective legal representatives, heirs,
successors and assigns and, unless amended as provided herein, shall be effective
for a term or twenty (20) years from the date this Declaration is recorded. After
such twenty (20) year period, said covenants, conditions and restrictions shall
be automatically extended for successive periods of ten (10) years each unless
amended as provided herein.
This section signed by the owners of these lots:
B Walter Reifslager III, President, Goldenwood West Property Owner’s Assoc.
3 William F. Thompson, President, Ideal Village Development Coop
4 William and Christiane Thompson
5 Jerry and Rita Stanley
6 Betty and Don Vaughn
7 Bruce and Pamela Story
8 Doug and Sharon Sorrell
9 Robert Clark and Nancy Landgren
10 Stephen and Crystal Bosbach
12 John Mahaney
13 Nancy and Robert Cook
14 Carlos and Pamela Leal
15 Shanny Lott
16A William F. Thompson, President, Ideal Village Development Coop
19 Frank Gipson
20 Byron and Margena Beal
22 Glenn Carruthers
23 Stephen and Peggy Byrne
24 William and Melinda Graham
25 William and Melinda Graham
26 Dale and Joan Lemier
27 Robert and Brenda McArthur
30 William and Melinda Graham
31 Lee and Melinda Irick
35 William F. Thompson, President, Ideal Village Development Coop
36 William F. Thompson, President, Ideal Village Development Coop
37 Marc Habkirk
These signatures are only for the approval of the definition of common properties
in the second amended declaration of covenants, conditions, & restrictions
of Goldenwood West.
Prepared by Laure A. Edward, Secretary, Goldenwood West POA
Recorded December 2, 1987 content
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