RIVERMONT DEED RESTRICTIONS

Transcription

1 07/06/2017 RIVERMONT DEED RESTRICTIONS 01.) Residential Use: All lots within the Subdivision are hereby restricted exclusively to single family residential use. No structures shall be erected, placed or maintained on any lot other than a conventionally constructed single-family private residence with such accessory structures and buildings as a barn, garage, cabana, guest house and/or servants quarters; provided, however, no such accessory structures and buildings may be constructed until the residence has been completed. The term "conventionally constructed single-family private residence" shall exclude specifically mobile homes, house trailers, modular homes and move-on homes. As used in this Declaration, the term "lot" refers to any numbered plot of land shown upon a recorded plat of any portion of the Subdivision. The term "dwelling", "main dwelling" and "guest/servants house" does not include either industrialized housing, double wide, triple wide or manufactured homes, single wide mobile homes, or prefab houses regardless of whether the same are placed upon permanent foundation, and said homes are not permitted within the Subdivision. As used herein, "Manufactured home" includes but is not limited to, any prefabricated or pre-built dwelling which consists of one (1) or more transportable sections or components and shall also be deemed to include manufactured housing, manufactured home, HUD-code manufactured home and mobile home as defined by the Texas Manufactured Housing Standards Act, Title 83, Article 5221f, Vernon's Texas Civil Statutes. CURRENT VERSIONS COMBINED TO CONSOLIDATE SIMILAR ITEMS: 01.) All tracts shall be used solely for residential purposes. Grantor expressly reserves the right until January I, 1980, to amend these Restrictions which amendment may be accomplished by a written instrument filed of record in the office of the County Clerk of Comal County, Texas. 04.) Tracts designated for modular homes shall be governed by this Paragraph in lieu of the restrictions in Paragraph 3. All approved structures on such tracts shall be single family residences and contain not less than 600 square feet, exclusive of open porches, breezeways, car ports and garages, and no garage may be erected except simultaneously with or subsequent to erection of a residence. All structures must be modem, factory built and approved in writing by Grantor, its successors; assigns or designees, prior to the time said structure is erected on and/or moved onto said property. Exterior erection of all structures must be completed within 90 days after commencement of the construction of the foundation thereof. All structures must be enclosed from ground level to the lower portion of outside walls with a material approved in writing by Grantor, its successors, assigns or designers, within 90 days after the commencement of the construction of the foundation thereof. 02.) Restriction on Further Subdivision: No portion of a lot/tract less than the whole thereof may be sold and shall not be re-subdivided or encumbered in any size less than the whole shown on the originally recorded plat unless the specific approval of the below described Plans, Zoning and Restrictions Committee (the "PZ&R") has been obtained. 02.) No portion of a tract less than the whole there of may be sold, and no tract may be re-subdivided without the written approval of Grantor, its successors, assigns or designees. Page 1 of 14

2 03.) Construction of Improvements: No building or structure shall be erected/constructed on any tract until the building plans, specifications, plot plans and external design have first been approved in writing by the PZ&R. No building or structure shall be occupied or used until all exterior portions thereof are finished in accordance with Paragraph 4. No outside toilet shall be installed or maintained on any tract and all plumbing shall be connected to an on-site septic system facility approved by the Comal County Engineering Department except while the home is under construction. Before any work is done pertaining to the location of utilities, buildings, driveways, etc., approval of said location must first be obtained from the PZ&R and the Comal County Engineering Department. No removal of trees or excavation of any material other than for landscaping, construction of building, driveways, etc., will be permitted without the written permission of PZ&R. CURRENT VERSIONS COMBINED TO CONSOLIDATE SIMILAR ITEMS: 06.) No building or structure shall be erected, constructed or moved onto any tract until the building plans, specifications, plot plans and external design have first been approved in writing by Grantor or by such nominee or nominees as Grantor may designate in writing. 07.) No building or structure shall be occupied or used until all exterior portions thereof are completely finished in accordance with Paragraphs 3 and 4 hereof, and any structure or part thereof, constructed of lumber shall be finished with not less than two coats of paint. No outside toilet shall be installed or maintained on any tract and all plumbing shall be connected with a sanitary sewer or septic tank approved by State and local Departments of Health. Before any work is done pertaining to the location of utilities, buildings, etc., approval of said location must first be obtained from the Grantor and the local Department of Health. No removal of trees or excavation of any material other than for landscaping, construction of buildings, driveways, etc., will be permitted without the written permission of Grantor. 04.) Single Family Residence Construction: Except as provided in Paragraph 4 hereof, no building other than a single family residence containing not less than 1200 square feet, exclusive of open porches, breezeways, carports and garages, and having not less than 25% of its exterior walls constructed of masonry (brick, rock, concrete or concrete products), shall be erected or constructed on any residential tract, and no garage may be erected except simultaneously with or subsequent to erection of the residence. All home construction shall include a minimum single car, detached or attached, garage/carport and shall include the construction of a paved driveway. The paving can consist of concrete, asphalt, or pavers in conjunction with the requirements set forth in the Comal County Driveway Permit. It is the responsibility of each Lot Owner to contact Comal County Road Department to obtain a driveway permit and Comal County Road Department will advise of all requirements. Culvert headwalls must be concreted on both sides of the driveway. All buildings must be completed not later than six (6) months after laying foundations and no structures or house trailers of any kind may be moved onto the property. Servants quarters or guesthouses may be constructed to the rear of a permanent residence. All buildings with any floor level of five (5) feet or less from the ground level must be completely enclosed from the ground level to the lower portion of the outside walls to maintain a neat appearance and remove posts or piers from outside view. All ancillary building construction to the main residence shall be constructed to match the architectural features of the main structure. The maximum allowable square footage of a guest home shall be no more than 50% of the main residence; the total of all additional ancillary structures (sheds, pump houses, etc.) shall not to exceed 25% of the main residence. Any additional ancillary structure construction shall comply with the above ancillary building requirements. [CONTINUED NEXT PAGE] Page 2 of 14

3 03.) Except as provided in Paragraph 4 hereof, no building other than a single-family residence containing not less than 900 square feet, exclusive of open porches, breezeways, carports and garages, and having not less than 25% of its exterior walls constructed of masonry (brick, rock, concrete or concrete products), shall be erected or constructed on any residential tract, and no garage may be erected except simultaneously with or subsequent to erection of a residence. All buildings must be completed not later than six (6) months after laying foundations and no structures or house trailers of any kind may be moved onto the property. Servant's quarters or guest houses may be constructed to the rear of a permanent residence. All buildings with any floor level of five (5) feet or less from the ground level must be completely enclosed from the ground level to the lower portion of the outside walls so as to maintain a neat appearance and remove posts or piers from outside view. 05.) Building Setbacks and Easements: No improvement shall be erected on any tract in RIVERMONT nearer than fifty feet (50') to the front property line nor nearer than ten feet (10') to the side property line or five feet (5') to the rear property line. All tracts are subject to easements and restrictions now of record, and are subject to any applicable zoning rules and regulations. There is reserved and dedicated to the public utilities, an easement or right of way over a twenty (20) foot strip along the front and five (5) foot strip along the side and rear boundary lines of the tract or tracts herein described for the purpose of installation or maintenance of public utilities, including, but not limited to, gas, water, electricity, telephone, drainage and sewerage and any appurtenance to the supply lines thereof, including the right to remove and or trim trees, shrubs or plants. This reservation is for providing for the practical installation of such utilities as and when any public or private authority or utility company may desire to serve said tracts with no obligation to seller to supply such services. Should a utility pipeline be installed in the rear property easement as herein reserved, Lot Owner agrees to install a gate in any fence that shall be constructed on such easement for utility company access to such pipeline. CURRENT VERSIONS COMBINED TO CONSOLIDATE SIMILAR ITEMS: 05.) No improvement shall be erected on any tract in RIVERMONT nearer than fifty (50 ') to the front property line nor nearer than ten feet (10') to the side property line. No material of any kind shall be placed or stored on any tract unless construction of a permanent residence has been commenced and is underway. No used material shall be stored on any tract or used in any construction. In the event materials of any kind are placed on the property which are, in the opinion of the Grantor, in violation of the above stipulation and agreement, Grantor may notify Grantee by mail of such violation, and if the violation is not connected and the subject material is not removed within ten (10) days after the mailing of such notice, Grantor may remove said material from the property, dispose of such material and charge Grantee with removal and disposition costs, and Grantor shall have no liability to Grantee by virtue of the exercise of such right of removal. 12.) Grantor reserves to itself, its successors and assigns, an easement or right of way over a twenty (20) foot strip along the front and five (5) foot strip along the side and rear boundary lines of the tract or tracts herein described for the purpose of installation or maintenance of public utilities, including, but not limited to, gas, water, electricity, telephone, drainage and sewerage and any appurtenance to the supply lines thereof, including the right to remove and/or trim trees, shrubs or plants. This reservation is for the purpose of providing for the practical installation of such utilities as and when any public or private authority or utility company may desire to serve said tracts with no obligation to Grantor to supply such services. Should a utility pipeline be installed in the rear property easement as herein reserved, Grantee agrees to install a gate in any fence that shall be constructed on such easement for utility company access to such pipeline. Page 3 of 14

4 06.) Storage of Building Materials: No material of any kind shall be placed or stored on any tract unless construction of a permanent residence has been commenced and is underway; and then such materials shall be placed within the property lines of the lot on which the improvements are to be erected. No used material shall be stored on any tract or used in any construction. In the event materials of any kind are placed on the property which are, in the opinion of the PZ&R, in violation of the above stipulation and agreement, PZ&R may notify Lot Owner by mail of such violation, and if the violation is not connected and the subject material is not removed within ten (10) days after the mailing of such notice, PZ&R may remove said material from the property, dispose of such material and charge Lot Owner with removal and disposition costs, and PZ&R shall have no liability to Owner by virtue of the exercise of such right of removal. All such building and construction materials must be removed within ninety (90) days of occupancy of the structure. 15. Storage of Building Materials: No building materials of any kind shall be placed or stored upon any lot except during construction; and then such materials shall be placed within the property lines of the lot on which the improvements are to be erected. All such building and construction materials must be removed within ninety (90) days of occupancy of the structure. 07.) An assessment of $3.00 per month shall run against each tract for the use and maintenance of roads, parks/recreation areas and operating costs per rules and regulations of RPOA. The amount of said monthly assessments shall be increased by six percent (6%) on June 1, 1975, and on June 1 st of each calendar year thereafter the then current amount of said assessment shall be increased by six percent (6%). The annual dues for 2017 are $ The decision of the RPOA, its nominee or designee, with respect to the use and expenditure of such funds shall be conclusive, and the Lot Owner shall have no right to dictate how such funds shall be used. Such assessments shall be conclusive, and the Lot Owner shall have no right to dictate how such funds shall be used. Such assessment shall be, and is hereby, secured by a lien on each tract respectively, and shall be payable to RPOA in Spring Branch, Comal County, Texas, on the first day of June each year, or to such other persons as RPOA may designate by Instrument filed of recent in the office of the County Clerk of Comal County, Texas. In cases where one owner, as resident, owns more than one contiguous set of lots in Rivermont, there will be only one assessment in the amount above stipulated; provided, however, that in the event said owner should sell one or more of his said tracts to a party when thereto for did not own property in the above described subdivision, then said tract so be transferred shall be subject to the assessment and lien herein provided for. The owner shall be responsible to return all keys to RPOA common park areas prior to the conclusion of the sale. In the case where one owner owns one or more lots in the Rivermont subdivision at-large and does not occupy those as a resident in a contiguous lot configuration those lots shall be assessed as individual tracts subject to assessment and lien herein provided for. In the event the RPOA shall cause a pool to be constructed in any park/recreation area in Rivermont, a fee shall be payable to RPOA or its designee, in accordance with the rules and regulations of RPOA, by each property owner and guest who uses the facilities. [CONTINUED NEXT PAGE] Page 4 of 14

5 The title in fee simple to land designated as park/recreation areas on the plot of said Subdivision is to be retained by the RPOA, its successors or assigns, and the Purchaser, his heirs, successors, executors, administrators or assigns, further agrees that the use of the park/recreation areas is subject to the approval of the user by RPOA, its successors or assigns, and to the rules or regulations of RPOA now in force, or which may from time to time be made by RPOA, its successors or assigns, which rules shall be binding upon the Purchaser, his heirs, successors or assigns. All property owners in good standing, and their families, shall have ingress and egress to the park/recreation areas, as shown on the plat or plats of said Subdivision, subject to rules and regulations of RPOA, but all others must have written approval of the RPOA. Use of park/recreation areas shall be at users own risk. The assessments provided for in this Paragraph, and the liens securing payment of same, shall, except as to accrued and unpaid assessments, expire and be of no further force and effect after January 1, 1984, after which expiration RPOA shall have no further obligation to make the land in said Subdivision designated on the plat thereof as park and or park/recreation areas available for use by owners of property in the aforesaid subdivision; provided, however, that is at any time prior to January 1, 1984, at least twenty percent (20%) of the owners in said Subdivision shall form a Texas Non-Profit Corporation, membership in which shall be open to all owners of property in the aforesaid Subdivision, and shall make a written request upon RPOA, its successors or assigns to do so, RPOA, its successors or assigns, shall transfer said assessments, and the liens securing the payment of same, to said Texas Non-Profit Corporation and, simultaneously there with, convey to said Corporation, the land in said Subdivision designated on the plat thereof as park and/or park/recreation areas, following which transfer and conveyance RPOA shall have no obligations with respect to said assessments, and the maintenance of any property in said Subdivision, except the obligation to retain such an assessment and lien for the benefit of said Texas Non-Profit Corporation in all subsequent conveyances by RPOA of tracts in said subdivision. In the event of such a transfer of said assessments, and the liens securing payment thereof, to such a Texas Non-profit corporation, said assessments, and the liens securing payment thereof, shall remain in full force and effect until the same may be terminated and released by said Texas Non-Profit Corporation. Further from and after the transfer of said assessments and liens to such Texas Non-Profit Corporation, said Corporation, acting by and through its members aforesaid, shall have the right and authority to change the amount of said assessments as may be deemed advisable. Should said Texas Non-Profit Corporation terminate and release said assessments and liens while RPOA is still the owner of property in said Subdivision, RPOA shall not be obligated to retain such an assessment and lien in any subsequent conveyance of property in the subdivision. 08.) An assessment of $3.00 per month shall run against each tract for the use and maintenance of roads, parks- recreation areas, and operating costs according to rules and regulations of Grantor. The amount of said monthly assessment shall be increased by six percent (6%) on June 1, 1975, and on June 1 st of each calendar year thereafter the then current amount of said assessment shall be increased by six percent (6%). The decision of Grantor, its nominee or designee, with respect to the use and expenditure of such funds shall be conclusive, and the Grantee shall have no right to dictate how such funds shall be used. Such assessments shall be conclusive, and the Grantee shall have no right to dictate how such funds shall be used. Such assessment shall be, and is hereby, secured by a lien on each tract respectively, and shall be payable to Grantor in San Antonio, Bexar County, Texas, on the first day of June each year, or to such other persons as Grantor may designate by instrument filed of recent in the office of the County Clerk of Comal County, Texas. In cases where one owner owns more than one tract in Rivermont, there will be only one assessment in the amount above stipulated; [CONTINUED NEXT PAGE] Page 5 of 14

6 provided, however, that in the event said owner should sell one or more of his said tracts to a party who thereto for did not own property in the above described subdivision, then said tract so transferred shall thereafter be subject to the assessment and lien herein provided for the title in fee simple to land designated as park - recreation areas on the plot of said Subdivision is to be retained by the Grantor, its successors or assigns, and the Grantee, his heirs, successors, executors, administrators or assigns, further agrees that the use of the park-recreation areas is subject to the approval of the user by Grantor, its successors or assigns, and to the rules or regulations of Grantor now in force, or which may from time to time be made by Grantor, its successors or assigns, which rules shall be binding upon the Grantee, his heirs, successors or assigns. All property owners in good standing, and their families, shall have ingress and egress to the park-recreation areas, as shown on the plat or plats of said Subdivision, subject to rules and regulations of Grantor, but all others must have written approval of the Grantor. Use of park-recreation areas shall be at users own risk. The assessments provided for in this Paragraph, and the liens securing payment of same, shall, except as to accrued and unpaid assessments, expire and be of no further force and effect after January 1, 1984, after which expiration Grantor shall have no further obligation to make the land in said Subdivision designated on the plat thereof as park and or park-recreation areas available for use by owners of property in the aforesaid subdivision; provided, however, that is at any time prior to January 1, 1984, at least twenty percent (20%) of the owners in said Subdivision shall form a Texas Non-Profit Corporation, membership in which shall be open to all owners of property in the aforesaid Subdivision, and shall make a written request upon Grantor, its successors or assigns to do so, Grantor, its successors or assigns, shall transfer said assessments, and the liens securing the payment of same, to said Texas Non-Profit Corporation and, simultaneously therewith, convey to said Corporation, the land in said Subdivision designated on the plat thereof as park and/or park-recreation areas, following which transfer and conveyance Grantor shall have no obligations with respect to said assessments, and the maintenance of any property in said Subdivision, except the obligation to retain such an assessment and lien for the benefit of said Texas Non-Profit Corporation in all subsequent conveyances by Grantor of tracts in said subdivision. In the event of such a transfer of said assessments, and the liens securing payment thereof, to such a Texas Non-Profit Corporation, said assessments, and the liens securing payment thereof, shall remain in full force and effect until the same may be terminated and released by said Texas Non-Profit Corporation. Further, from and after the transfer of said assessments and liens to such Texas Non-Profit Corporation, said Corporation, acting by and through its members aforesaid, shall have the right and authority to change the amount of said assessments as may be deemed advisable. Should said Texas Non-Profit Corporation terminate and release said assessments and liens while Grantor is still the owner of property in said subdivision, Grantor shall not be obligated to retain such an assessment and lien in any subsequent conveyance of property in the subdivision. 08.) Nuisances: No obnoxious, offensive, undesirable, unlawful or immoral act shall be conducted on any lot, nor shall anything be done or permitted to be done thereon which may be or become a nuisance or annoyance to the owners of adjacent lots or to the overall Subdivision. Any determination by the PZ&R that an activity is noxious, offensive, undesirable or immoral shall be final and binding on all parties. 09.) No noxious, offensive, unlawful or immoral use shall be made of any tract. Page 6 of 14

7 09.) Animals-Household Pets. No animals, including pigs, hogs, swine, pigeons, poultry, fowl, wild animals, horses, cattle, sheep, goats or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained or cared for on the property with the exception of chickens (no roosters) and Pot Bellied pigs. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on any portion of the property other than on the lot of its Owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for or boarded for hire or remuneration on the Property and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large and all animals shall be kept within the enclosed areas which must be clean, sanitary and reasonably free of refuse, insects and waste always. Such enclosed area shall be constructed in accordance with plans approved by the PZ&R, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof. Any animal or poultry raised for an FFA, 4-H or similar organization or for a school project, however, may be bred and kept on a lot, if first approved in writing by the PZ&R. However, no animals or poultry may be kept on a lot unless they are restricted to the lots of their owners by fences or other enclosures or restraints and not allowed to run at large; nor may they be kept if they become offensive or a nuisance by virtue of their numbers, sight, odor or noise. If a question arises as to whether an animal or poultry (individually or considered together) is offensive or a nuisance, the PZ & R shall make the determination and its determination shall be final and binding on all parties. It is specifically understood and agreed that the owners of any animals kept on any lot, shall be strictly liable for any damages done to the property or person of any third party by such animals which may occur outside the lot's fence lines. 10.) No hogs or goats of any kind shall be raised, bred or kept on any tract. Dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose. 10.) Hunting, Firearms and Explosives. No hunting including, but not limited to, bow hunting, is allowed in the subdivision. No discharge of handguns, rifles, shotguns or other firearms, bows or cross bows, or other weapons are allowed except for the protection of the owner's family and property and in compliance with the Comal County Discharge of Firearms Order No and Comal County Regulating Bow Hunting in Subdivision Order No Hunting and Firearms: No hunting, including, but not limited to, bow hunting, shall take place within the Subdivision. No firearms may be discharged thereon at any time. Page 7 of 14

8 11.) Covenants and Restrictions: The covenants and restrictions herein contained shall be binding upon Lot Owners, his successors, heirs or assigns. Said covenants and restrictions are for the benefit of and shall be enforceable by RPOA and any other owner or owners of property in Rivermont. 11.) The covenants and restrictions herein contained shall be binding upon Grantee, his successors, heirs or assigns. Said Covenants and restrictions are for the benefit of and shall be enforceable by Granter and any other owner or owners of property in RIVERMONT. 12.) In the event of transfer or assignment of this contract, which can be done only with consent of RPOA in writing, the assignee shall succeed to all the rights and liabilities of the Lot Owner. In the event RPOA should consent to such an assignment, a transfer fee and any other applicable fees shall be paid in accordance with RPOA fee schedule in effect at the time of transfer or assignment of contract. 15.) In the event of transfer or assignment of this contract, which can be done only with consent of Seller in writing, the assignee shall succeed to all of the rights and liabilities of the purchaser. In the event Seller should consent to such an assignment, a transfer fee of $25.00 will be payable by purchaser to Seller. 13.) Garbage and Trash Disposal: No trash, garbage, construction debris, rubbish, abandoned or junk vehicles or other refuse may be dumped, disposed of or maintained on any lot, vacant or otherwise. No junk, wrecking or auto storage yards shall be located on any tract. Construction debris may not be burned under any circumstances. Any temporary trash, garbage and other waste shall be kept in a clean, sanitary and unsightly condition. No refuse shall be burned on any lot during construction of Improvements, or at any other times, except in a safe incinerator; and unless so burned, all refuse shall be removed by the lot owner. All incinerators or other equipment for the temporary storage and disposal of such material shall be kept in a clean and sanitary condition. Any outdoor burning within the subdivision shall comply with Comal County Fire Burn Ordinance. 14.) No tract shall be used or maintained as dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. No junk, wrecking or auto storage yards shall be located on any tract. Page 8 of 14

9 14.) Plans, Zoning & Restrictions Committee: All improvements on each lot shall be subject to the review of the Plans, Zoning & Restrictions Committee (hereinafter referred to as the "PZ&R") as follows: A. No building, structure, fence, wall, well, septic tank system or other improvement shall be commenced, erected, placed or maintained on any lot, nor shall any addition to or change or alteration therein be made, until the construction plans and specifications, and a plot plan showing the location of all such structures and all appurtenances thereto, have been submitted to and approved by the PZ&R as to compliance with quality of workmanship and materials, harmony of external design with existing structures and the general plan of development, and as to location with respect to property lines, building lines, easements, existing and proposed water wells and septic tank systems, topography and finish grade elevation. B. Construction plans and specifications for new homes submitted to the PR&R shall be in such form as it may require and shall include, at a minimum, plans of all floors and levels involved, elevations of all sides of the proposed structure, a section through the structure to explain the relationship of the floor levels and stairs, notes or specifications describing the materials to be used on the exterior and location of the proposed improvements or alterations thereto on the lot. C. The PZ&R approval or disapproval or other action as required in these covenants shall be by majority vote, shall be evidenced in writing and shall be delivered in person or by registered or certified letter addressed to the requesting party at an address which must be supplied with the submission. In the event the PZ&R should fail to approve or disapprove the plans, specifications and plot plans within thirty (30) days after they have been submitted to it, it will be presumed that the same have been approved, provided the same were submitted to the PZ&R in writing by certified mail, return receipt requested, with an address provided to which the reply should be mailed. The judgment of the PZ&R in the exercises of its discretion in this respect shall be final and conclusive. Under no circumstances shall the PZ&R or any of its members be subject, jointly or severally, to any suit by anyone for money damages or otherwise. D. Plans and specifications for fencing must be submitted to the PZ&R for approval prior to commencement of any fence construction. E. Construction of any structure approved by the PZ&R shall commence within twelve (12) months of such approval and the completion of the exterior of the home must be accomplished within six (6) months of pouring of the foundation. Such construction shall include finished grading around all areas of new construction to blend the new structure into the existing surroundings. F. All improvements shall be maintained in a neat and orderly manner and their appearances, both before, during and after construction, shall be subject to the review and approval of the PZ&R. In the event an owner of a lot should fail to maintain the premises and Improvements situated thereon In a neat and orderly manner, the PZ&R shall have the right (and each is hereby granted a license for this purpose), but not the obligation, through Its agents and/or employees to enter upon the lot and to repair, maintain and restore the lot and exterior of the buildings and any other improvements erected thereon to a neat and orderly manner, all at the expense of the owner of such lot. 06.) No building or structure shall be erected, constructed or moved onto any tract until the building plans, specifications, plot plans and external design have first been approved in writing by Seller, or by such nominee or nominees as Seller may designate in writing. Page 9 of 14

10 15.) Enforcement: In addition to the remedies for enforcement provided for elsewhere in this Declaration or by law, the violation or attempted violation of the provisions of this Declaration, or any amendment hereto, or of any guidelines, rules, regulations, bylaws, or Articles of Incorporation herein referenced or permitted, by any owner, his family, guests, lessees or licensees shall authorize the PZ&R or the Association (in the case of all of the following remedies) or any Owner [in the case of the remedy provided in (c), below], including Declarant, to avail itself of any one or more of the following remedies: A. The suspension by the PZ&R of rights to use any Association property for a period not to exceed thirty (30) days per violation, plus attorney's fees incurred by the Association with respect to the exercise of such remedy; B. The right of PZ&R or the Association to enter the Lot to cure or abate such violation through selfhelp and to charge the expense thereof, if any, to such Owner, plus attorney's fees incurred by the Association with respect to the exercise of such remedy; or C. The right to seek injunctive or any other relief provided or allowed by law against such violation and to recover from such Owner all its expenses and costs in connection therewith, including, but not limited to attorney's fees and court costs. D. The right to establish and charge Fines. All fines shall become part of the Lot Owner's Regular Assessment as defined herein and may be enforced as an Assessment in accordance with these restrictions. Before the PZ&R and/or Association may invoke the remedy of suspension of privileges as set forth in Section (B) above, it shall give written notice of such alleged violation to Owner and shall afford the Owner 30 calendar days to remedy the situation. If after said 30 days, the alleged violation still exists a hearing shall be called between all parties to determine final resolution or continued action to remedy said violation. If, after the hearing, the violation is still found to exist, the PZ&R's right to proceed with the suspension of privileges shall be absolute. Each day a violation continues after notice thereof has been given to the Owner shall be deemed a separate violation, Failure of the PZ&R, Association, or of any Owner to take any action upon any violation shall not be deemed a waiver of any right to take enforcement action thereafter or upon a subsequent violation. No owners shall have the right to compel or require the filing of suit by PZ&R or the Association. Neither this Article nor the other terms of this Declaration shall be deemed or construed to impose an obligation on PZ&R or the Association to police, control, restrain, enjoin or seek redress for any violation of the terms hereof. All assessments, charges and costs imposed by the Association and unpaid when due shall bear interest at the rate of percent (10%) per annum from the date due until paid. 16.) Limitations of Liability: Neither the RPOA, nor the PZ&R Committee, nor any member of such Committees, shall be liable in damages or otherwise to anyone submitting plans, specifications and plot plans for approval or to any owner of a lot In the Subdivision by reason of mistake of judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or to disapprove any plans, specifications, plot plans or other matters submitted to it or arising out of any other action taken or not taken by them, jointly or severally, pursuant to the provisions of this Declaration. Page 10 of 14

11 17.) Partial Invalidity: Invalidation of any of these covenants, conditions, easements or restrictions (by court judgment or otherwise) shall not affect, in any way, the validity of all other covenants, conditions, easements and restrictions contained herein. 16.) Invalidation of any one of these covenants or restrictions by judgment of any Court shall in no wise affect any of the other provisions, which shall remain in full force and effect. 18.) Laws and Regulations: The owners of any lots within the Subdivision shall always comply with all applicable laws, regulations and ordinances of municipal county, state, federal or other governmental authorities. 13.) All tracts are subject to easements and restrictions now of record, and are subject to any applicable zoning rules and regulations. 19.) Duration: These covenants, conditions, easements and restrictions shall run with the land and shall be binding upon and against the Subdivision for a period of twenty (20) years from the date of recordation, after which time said covenants shall be automatically renew for extended for successive periods of ten (10) years unless an instrument signed by the then owners of sixty-seven percent (67%} of the Subdivision (by area) has been recorded agreeing to change said covenants in whole or in part. No such agreement to change shall be effective unless made and recorded within three months immediately prior to the date the covenants otherwise would be automatically extended. 15.) Except as hereinabove provided, the restrictions herein contained shall run with the land until June 1, 1998, provided however, that the record owners of a majority of the tracts subject to these restrictions shall have the power through a duly recorded written instrument to extend these restrictions for successive ten - year periods from and after the aforesaid date. 20.) Installation of Solar Panels A. Solar energy devices, including any related equipment or system components (collectively, "Solar Panels") may only be installed after receiving written approval of the Plans, Zoning and Restrictions Committee ("PZ&R") and the Board of Directors of the Rivermont Property Owners Association (the "Association ). [CONTINUED NEXT PAGE] Page 11 of 14

12 B. Solar Panels may not be installed upon or within common area or any area which is maintained by the Association. C. Solar Panels may only be installed on designated locations on the roof of a home, on any structure allowed under any Rivermont Property Owners Association's dedicatory instrument or within any fenced rear-yard or fenced-in patio of the owner's property. D. If located on the roof of a home, Solar Panels shall be located on the roof facing the rear of the home and shall not be visible from the street facing the home unless the owner demonstrates that the location proposed by the owner increases the estimated annual energy production of the Solar Panels, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the Solar Panels if located in an area on the roof requested by the Association. E. If located on the roof of a home, Solar Panels shall: i. not extend higher than or beyond the roofline; ii. conform to the slope of the roof; iii. have a top edge that is parallel to the roofline; and iv. have a frame, support bracket, or visible piping or wiring that is in a silver, bronze, or black tone commonly available in the marketplace and blends with the color of the roof to the greatest extent possible. F. If located in the fenced rear-yard or patio, Solar Panels shall not be taller than the fence line. G. Approval by the PZ&R and/or the Board of Directors of the Association is required prior to construction. The PZ&R and/or the Board of Directors of the Association may deny a request for the installation of Solar Panels if it is determined, and such determination is reduced to writing, that the placement of the Solar Panels as proposed by the property owner constitutes a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The property owner may obtain the written approval of the proposed placement of the Solar Panels by all property owners of adjoining property. In this case, the PZ&R and the Board of Directors of the Association shall approve the installation should it meet all other requirements contained herein unless it determines that the placement substantially interferes with the use and enjoyment of land of persons other than adjoining landowners. H. Any installation of Solar Panels which voids material warranties is not permitted and will be cause for the Solar Panels to be removed by the owner. I. Solar Panels must be properly maintained always or removed by the owner, at the owner's sole expense. J. Solar Panels which become non-functioning or inoperable must be removed by the owner of the property. K. Solar Panels are prohibited if a Court determines that the installation thereof violates any law or threatens the public health or safety. Page 12 of 14

13 21.) Creation of Lien and Personal Obligation. In order to secure the payment of the assessments, fees and other charges hereby levied, each Owner of a Lot in the Subdivision, by such party's acceptance of a deed thereto, hereby grants to the Association a contractual lien on such Lot which may be foreclosed on by non judicial foreclosure, pursuant to the provisions of Section 51 of the Texas Property Code (and any successor statute) and Section 209 of the Texas Property Code and each such owner hereby expressly grants the Association a power of sale in connection with such statute. The Association shall, whenever it proceeds with non judicial foreclosure pursuant to the provisions of Sections 51 and 209 of the Texas Property Code and said power of sale, designate in writing a Trustee to post or cause to be posted all required notices of such foreclosure sale and to conduct such foreclosure sale. The Trustee may be changed at any time and from time to time by the Association by means of a written instrument executed by the President or any Vice President of the Association and filed for record in the Real Property Records of Comal County, Texas. In the event that the Association has determined to non-judicially foreclose the lien pursuant to the provisions of said Section 51 and 209 of the Texas Property Code and to exercise the power of sale hereby granted, the Association, or the Association's agent, shall give notice of foreclosure sale as provided by the Texas Property Code as then amended. Upon request by the Association, the Trustee shall give any further notice of foreclosure sale as may be required by the Texas Property Code as then amended, and shall convey such Lot to the highest bidder for cash by Deed. Out of the proceeds of such sale, if any, there shall first be paid all expenses incurred by the Association in connection with such default, including reasonable attorney's fees and a reasonable trustee's fee; second, from such proceeds there shall be paid to the Association an amount equal to the amount in default; and third, the remaining balance shall be paid to such Owner. Subject to Section 209 of the Texas Property Code, following any such foreclosure, each occupant of any such Lot foreclosed on and each occupant of any improvements thereon shall be deemed to be a tenant at sufferance and may be removed from possession by any and all lawful means, including a judgment for possession in an action of forcible detainer and the issuance of a writ of restitution thereunder. In the event of non payment by any Owner of any assessment, fee or other charge levied hereunder, the Association may, in addition to foreclosing the lien and exercising the remedies provided, upon ten (10) days prior written notice to such non paying Owner, exercise all other rights and remedies available at law or in equity. It is the intent of the provisions of this Article 21 to comply with the provisions of Section 51 and 209 of the Texas Property Code relating to non-judicial sales by power of sale and, in the event of the amendment of Section 51 or 209 of the Texas Property code hereafter, the President or any Vice President of the Association, acting without joinder of any other Owner or mortgagee or other person may, by amendment to this Declaration file in the Real Property Records of Comal County, Texas, amend the provisions hereof so as to comply with said amendments to Section 51 or 209 of the Texas Property Code. [CONTINUED NEXT PAGE] Page 13 of 14

14 A. Notice of Lien. In addition to the right of the Association to enforce the assessments, fees or other charge levied hereunder, the Association may file a claim or lien against the Lot of the delinquent Owner by recording a notice ("Notice of Lien") setting forth (a) the amount of the claim of delinquency, (b) the interest thereon, (c) the costs of collection which have accrued thereon, (d) the legal description and street address of the Lot against which the lien is claimed and (e) the name of the Owner thereof. Such Notice of Lien shall be signed and acknowledged by an officer of the Association or other duly authorized agent of the Association. The lien shall continue until the amounts secured hereby and all subsequently accruing amounts are fully paid or otherwise satisfied. When all amounts claimed under the Notice of Lien and all other costs and assessments which may have accrued subsequent to the filing of the Notice of Lien have been fully paid or satisfied, the Association shall execute and record a notice releasing the lien upon payment by the Owner of a reasonable fee as fixed by the Board of Directors to cover the preparation and recordation of such release of lien instrument. B. Liens Subordinate to Mortgages. The lien described in this Article 21 shall be deemed subordinate to a first lien or other liens of any bank, insurance company, savings and loan association, university, pension and profit sharing trusts or plans, or any other third-party lender, including Developer, which may have heretofore or may hereafter lend money in good faith for the purchase or improvement of any Lot and any renewal, extension, rearrangement or refinancing thereof, including home equity loans. Each such Mortgagee of a Mortgage encumbering a Lot who obtains title to such Lot pursuant to the remedies provided in the deed of trust or Mortgage or by judicial foreclosure shall take title to the Lot free and clear of any claims for unpaid assessments, fees or other charges against such Lot which accrued prior to the time such holder acquired title to such Lot. No such sale or transfer shall relieve such holder from liability for any assessments, fees or other charges thereafter becoming due or from the lien thereof. Any other sale or transfer of a Lot shall not affect the Association's lien for assessments, fees or other charges. The Association shall make a good faith effort to give each such Mortgagee sixty (60) days advance written notice of the Association's proposed foreclosure of lien described herein, which notice shall be sent the nearest office of such Mortgagee by prepaid United States registered or Certified mail, return receipt requested, and shall contain a statement of delinquent assessments, fees or other charges upon which the proposed action is based provided, however, the Association's failure to give such notice shall not impair or invalidate any foreclosure conducted by the Association pursuant to the provisions of this Article 21. Page 14 of 14