HomeMy WebLinkAboutRes 19-23 Approving The Knolls CCRs and Design Guidelines TOWN OF WESTLAKE
RESOLUTION 19-23
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING THE DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICIONS AND DESIGN GUIDELINES FOR THE KNOLLS AT SOLANA,
LOCATED IN THE PLANNED DEVELOPMENT NUMBER 6 (PD6) ZONING
DISTRICT.
WHEREAS, the Town is a duly created and validly existing Type A General Law
Municipality, created under the laws of the State of Texas, including particularly, but not by way
of limitation, Chapter 51, Texas Local Government Code ("LGC"); and
WHEREAS, the Town of Westlake is experiencing planned growth through the
attraction of economic development projects such as Fidelity Investments, Deloitte University,
and Charles Schwab, residential developments such as Vaquero, Glenwyck Farms, Terra Bella,
Granada, Entrada and the Knolls at Solana which are consistent with the Town's Comprehensive
Plan; and,
WHEREAS, the Town of Westlake (Town) and Wilbow-Solana LLC, (the Developer)
desire to foster a cooperative partnership to continue this planned growth through standards that
ensure high quality development within the Town in the development known as The Knolls at
Solana; and
WHEREAS, The Knolls at Solana Development Agreement for Subdivision
Improvements, approved by Resolution 18-49 on December 10, 2018, requires Town Council
approval of the Declaration of Covenants, Conditions and Restrictions and Design Guidelines;
and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves
the Knolls at Solana Declaration of Covenants, Conditions and Restrictions attached hereto as
Exhibit "A". and the Knolls at Solana Design Guidelines attached hereto as Exhibit "B".
Resolution 19-23
Page 1 of 2
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 26th DAY OF AUGUST,2019.
Laura Wheat, Mayor
ATTEST:
Ke*Edwards, Town Secretary
APPROVED AS TO FORM:
T�
S
T E X PS
Stan Lowry, Town Attorney
Resolution 19-23
Page 2 of 2
After Recording Return to:
Robert D.Burton
Winstead PC
401 Congress Ave., Suite 2100
Austin,Texas 78701
email:rburton@winstead.com
THE KNOLLS
AT 5 ❑ LANA
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
THE KNOLLS AT SOLANA
[TARRANT COUNTY, TEXAS]
Declarant: Wilbow-Solana LLC,a Texas limited liability company
This Declaration of Covenants, Conditions and Restrictions may be used only in connection with the
residential community known as The Knolls at Solana in Tarrant County, Texas and the operation of
The Knolls at Solana Residential Community,Inc.
4825-0959-4994v.10 59948-2
Res 19-23
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THE KNOLLS AT SOLANA
TABLE OF CONTENTS
ARTICLE1 DEFINITIONS.....................................................................................................................1
ARTICLE 2 USE RESTRICTIONS.........................................................................................................6
2.1 General.................................................................................................................................7
2.2 Conceptual Plans................................................................................................................8
2.3 Single-Family Residential Use..........................................................................................8
2.4 Rentals .................................................................................................................................9
2.5 Subdividing.......................................................................................................................10
2.6 Hazardous Activities.......................................................................................................10
2.7 Insurance Rates.................................................................................................................10
2.8 Mining and Drilling.........................................................................................................11
2.9 Water Bodies.....................................................................................................................11
2.10 Noise..............................................................................................................................11
2.11 Animals-Household Pets..........................................................................................11
2.12 Rubbish and Debris......................................................................................................12
2.13 Trash Containers..........................................................................................................12
2.14 Maintenance..................................................................................................................12
2.15 Street Landscape Area-Owner's Obligation to Maintain Landscaping................13
2.16 Antennas........................................................................................................................13
2.17 Location of Permitted Antennas................................................................................14
2.18 Signs...............................................................................................................................14
2.19 Flags-Approval Requirements.................................................................................15
2.20 Flags-Installation and Display.................................................................................16
2.21 Tanks..............................................................................................................................17
2.22 Temporary Structures..................................................................................................17
2.23 Unsightly Articles;Vehicles........................................................................................17
2.24 Basketball Goals;Permanent and Portable...............................................................18
2.25 Compliance with Restrictions ....................................................................................18
2.26 Liability of Owners for Damage to Common Area.................................................19
2.27 No Warranty of Enforceability...................................................................................19
2.28 Party Wall Fences.........................................................................................................19
2.29 No Tennis or Recreational Courts;Playscapes........................................................20
2.30 Decorations and Lighting............................................................................................20
2.31 Clotheslines;Window Air Conditioners...................................................................20
2.32 Dumping.......................................................................................................................20
2.33 Restriction on Use of Common Area.........................................................................21
2.34 Water Quality Facilities,Drainage Facilities and Drainage Ponds.......................21
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Table of Contents
(Continued)
Page
2.35 Homebuilder Exemption............................................................................................21
ARTICLE 3 CONSTRUCTION RESTRICTIONS............................................................................21
3.1 Approval for Construction.............................................................................................21
3.2 Masonry Requirements...................................................................................................21
3.3 Minimum Square Footage ..............................................................................................21
3.4 Garages..............................................................................................................................21
3.5 Fences; Sidewalks.............................................................................................................22
3.6 Building Restrictions........................................................................................................22
3.7 Alteration or Removal of Improvements......................................................................22
3.8 Drainage............................................................................................................................22
3.9 Construction Activities....................................................................................................22
3.10 Roofing..........................................................................................................................22
3.11 Swimming Pools...........................................................................................................23
3.12 Solar Energy Device.....................................................................................................23
3.13 Rainwater Harvesting Systems..................................................................................23
3.14 Xeriscaping....................................................................................................................24
3.15 Permitted Grasses and Plants.....................................................................................25
ARTICLE 4 THE KNOLLS AT SOLANA RESIDENTIAL COMMUNITY,INC........................26
4.1 Organization.....................................................................................................................26
4.2 Membership......................................................................................................................26
4.3 Governance.......................................................................................................................27
4.4 Voting Rights....................................................................................................................27
4.5 Powers ...............................................................................................................................28
4.6 Conveyance of Common Area to the Association.......................................................31
4.7 Indemnification................................................................................................................31
4.8 Insurance...........................................................................................................................32
4.9 Bulk Rate Contracts..........................................................................................................32
4.10 Community Systems....................................................................................................33
4.11 Declarant's Right to Contribute to Revenues of the Association..........................33
4.12 Protection of Declarant's Interests.............................................................................33
4.13 Administration of Common Area..............................................................................33
4.14 Private Streets...............................................................................................................34
4.15 Notices and Disclaimers as to Security Systems......................................................34
4.16 Merger............................................................................................................................35
4.17 Right of Action by Association...................................................................................35
ARTICLE5 INSURANCE......................................................................................................................35
5.1 Insurance...........................................................................................................................35
5.2 Restoration........................................................................................................................36
5.3 Mechanic's and Materialmeri s Lien..............................................................................37
ARTICLE 6 COVENANT FOR ASSESSMENTS..............................................................................37
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Res 19-23
Table of Contents
(Continued)
Page
6.1 Assessments......................................................................................................................37
6.2 Maintenance Fund...........................................................................................................37
6.3 Regular Annual Assessments.........................................................................................37
6.4 Working Capital Assessment.........................................................................................38
6.5 Special Assessments.........................................................................................................39
6.6 Individual Assessments..................................................................................................39
6.7 Amount of Assessment...................................................................................................39
6.8 Late Charges.....................................................................................................................40
6.9 Owner's Personal Obligation; Interest..........................................................................40
6.10 Assessment Lien and Foreclosure..............................................................................40
6.11 Exempt Property..........................................................................................................42
6.12 Fines and Damages Assessment................................................................................42
ARTICLE 7 ARCHITECTURAL CONTROL COMMITTEE..........................................................43
7.1 Construction of Improvements......................................................................................43
7.2 Architectural Control Committee..................................................................................43
ARTICLE 8 MORTGAGE PROVISIONS..........................................................................................46
8.1 Notice of Action................................................................................................................46
8.2 Examination of Books......................................................................................................47
8.3 Taxes,Assessments and Charges...................................................................................47
ARTICLE 9 GENERAL PROVISIONS ...............................................................................................47
9.1 Term...................................................................................................................................47
9.2 Eminent Domain..............................................................................................................47
9.3 Amendment......................................................................................................................48
9.4 Roadway and Utility Easements....................................................................................48
9.5 Enforcement......................................................................................................................48
9.6 Higher Authority .............................................................................................................49
9.7 Severability........................................................................................................................49
9.8 Conflicts.............................................................................................................................49
9.9 Gender...............................................................................................................................49
9.10 Acceptance by Grantees..............................................................................................49
9.11 Damage and Destruction............................................................................................50
9.12 No Partition...................................................................................................................50
9.13 Notices...........................................................................................................................51
9.14 View Impairment.........................................................................................................51
9.15 Safety and Security.......................................................................................................51
ARTICLE 10 EASEMENTS ...................................................................................................................51
10.1 Right of Ingress and Egress........................................................................................51
10.2 Reserved Easements....................................................................................................52
10.3 Utility Easements.........................................................................................................52
10.4 Subdivision Entry and Fencing Easement................................................................53
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Table of Contents
(Continued)
Page
10.5 Monument Sign Easement..........................................................................................53
10.6 Landscape Maintenance Easement............................................................................53
ARTICLE 11 DEVELOPMENT RIGHTS............................................................................................53
11.1 Development by Declarant.........................................................................................53
11.2 Special Declarant Rights..............................................................................................54
11.3 Addition of Land..........................................................................................................54
11.4 Withdrawal of Land.....................................................................................................55
11.5 Assignment of Declarant's Rights..............................................................................55
ARTICLE 12 DISPUTE RESOLUTION..............................................................................................55
12.1 Introduction and Definitions......................................................................................55
12.2 Mandatory Procedures................................................................................................56
12.3 Claim Affecting Common Areas................................................................................56
12.4 Notice.............................................................................................................................57
12.5 Negotiation...................................................................................................................58
12.6 Mediation......................................................................................................................58
12.7 Termination Of Mediation..........................................................................................58
12.8 Binding Arbitration-Claims........................................................................................59
12.9 Allocation Of Costs......................................................................................................60
12.10 General Provisions.......................................................................................................61
12.11 Period of Limitation.....................................................................................................61
12.12 Funding Arbitration and Litigation...........................................................................61
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4825-0959-4994v.10 59948-2
Res 19-23
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THE KNOLLS AT SOLANA
This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made
by WILBOW-SOLANA LLC, a Texas limited liability company (the "Declarant"), and is as
follows:
RECITALS:
A. This Declaration is filed with respect to Lots 2 through 20, Block A; Lots 2
through 4, 6 through 11, 13 through 15, 18 through 20, 22 through 25, and 27 through 30,
Block B; and Lots 2 through 15, Block C; Knolls at Solana, a subdivision in Tarrant County
Texas, according to the plat Recorded under Instrument No. Official
Public Records of Tarrant County, Texas (the "Property"). Declarant is the owner of the
Property.
B. Declarant desires to create and carry out a uniform plan for the development,
improvement, and sale of the Property.
C. By the Recording of this Declaration, Declarant serves notice that the Property is
subject to the terms and provisions of this Declaration.
NOW, THEREFORE, it is hereby declared: (i) that the Property (or any portion thereof)
will be held sold, conveyed, and occupied subject to the following covenants, conditions and
restrictions which will run with such portions of the Property and will be binding upon all
parties having right, title, or interest in or to such portions of the Property or any part thereof,
their heirs, successors, and assigns and will inure to the benefit of each owner thereof; and (ii)
that each contract or deed conveying the Property (or any portion thereof) will conclusively be
held to have been executed, delivered, and accepted subject to the following covenants,
conditions and restrictions, regardless of whether or not the same are set out in full or by
reference in said contract or deed.
This Declaration uses notes (text set apart in boxes) to illustrate concepts and assist the
reader. If there is a conflict between any note and the text of the Declaration, the text will
control.
ARTICLE 1
DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases
when used in this Declaration will have the meanings hereinafter specified:
"Access Gates" mean any subdivision entry facilities serving the Property, including,
but not limited to, gates, call boxes, controllers and all other facilities associated with operation
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of gates restricting access to the Private Streets. The Access Gates are designated hereby as
Common Area.
"Applicable Law" means all statutes, public laws, ordinances, policies, rules,
regulations and orders of all federal, state, county and municipal governments or their agencies
having jurisdiction and control over the Property in effect at the time a provision of the
Restrictions is applied, and pertaining to the subject matter of the Restriction provision, and all
other ordinances and any other applicable building codes, zoning restrictions and permits or
other applicable regulations. Statutes and ordinances specifically referenced in the Restrictions
are "Applicable Law" on the date of the Restrictions, and are not intended to apply to the
Property if they cease to be applicable by operation of law, or if they are replaced or superseded
by one or more other statutes or ordinances.
"Architectural Control Committee" or "ACC' means the committee created pursuant
to this Declaration to review and approve or deny plans for the construction, placement,
modification, alteration or remodeling of any Improvements on a Lot. As provided in Article 7
below, the Declarant acts as the ACC and the ACC is not a committee of the Association until
the Declarant has assigned its right to appoint and remove all ACC members to the Association
in a Recorded and written instrument.
"Assessment" or "Assessments" means all assessments imposed by the Association
under this Declaration.
"Assessment Unit" has the meaning set forth in Section 6.7.2.
"Association" means The Knolls at Solana Residential Community, Inc., a Texas non-
profit corporation, which will be created by Declarant to exercise the authority and assume the
powers specified in Article 4 and elsewhere in this Declaration. The failure of the Association to
maintain its corporate charter from time to time does not affect the existence or legitimacy of the
Association, which derives its authority from this Declaration, the Certificate, the Bylaws, and
Applicable Law.
"Board" means the Board of Directors of the Association.
"Bulk Rate Contract" or"Bulk Rate Contracts" means one or more contracts which are
entered into by the Association for the provision of utility services or other services of any kind
or nature to the Lots. The services provided under Bulk Rate Contracts may include, without
limitation, cable television services, telecommunications services, internet access services,
"broadband" services, security services, trash pickup services, propane service, natural gas
service, lawn maintenance services, wastewater services, and any other services of any kind or
nature which are considered by the Board to be beneficial to all or a portion of the Property.
Each Bulk Rate Contract must be approved in advance and in writing by the Declarant until
expiration or termination of the Development Period.
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Res 19-23
'Bylaws' means the bylaws of the Association, which may be initially adopted and
Recorded by Declarant or the Board of the Association and Recorded as part of the initial
project documentation for the benefit of the Association. The Bylaws may be amended, from
time to time, by the Declarant until expiration or termination of the Development Period. Any
amendment to the Bylaws proposed by the Board must be approved in advance and in writing
by the Declarant until expiration or termination of the Development Period. Upon expiration of
the Development Period,the Bylaws may be amended by a Majority of the Board.
"Certificate" means the Certificate of Formation of the Association, filed in the Office of
the Secretary of State of Texas, as the same may be amended from time to time.
"Common Area" means any property and facilities that the Association owns or in
which it otherwise holds rights or obligations, including, without limitation, the Conservation
Area (defined below) and any property or facilities held by the Declarant for the benefit of the
Association or its Members. Common Area includes any property that the Association holds
under a lease, license, or any easement in favor of the Association. Some Common Area will be
solely for the common use and enjoyment of the Owners, while other portions of the Common
Area may be for the use and enjoyment of the Owners and members of the public.
"Community Manual" means the community manual of the Association, which may be
initially adopted and Recorded by the Declarant or the Board of the Association and Recorded
as part of the initial project documentation for the benefit of the Association and the Property.
The Community Manual may include the Bylaws, Rules and Regulations and other policies
governing the Association. The Bylaws, Rules and Regulations and other policies set forth in
the Community Manual may be amended, from time to time, by the Declarant until expiration
or termination of the Development Period. Any amendment to the Bylaws, Rules and
Regulations and other policies governing the Association prosecuted by the Board must be
approved in advance and in writing by the Declarant until expiration or termination of the
Development Period. Upon expiration or termination of the Development Period, the
Community Manual may be amended by a Majority of the Board.
"Community Systems" means the Access Gates and any and all cable television,
telecommunications, alarm/monitoring, internet, telephone or other lines, conduits, wires,
amplifiers,towers, antennae, satellite dishes,equipment, materials and installations and fixtures
(including those based on, containing and serving future technological advances not now
known), if installed by Declarant pursuant to any grant of easement or authority by Declarant
within the Property.
"Conservation Area" means that certain 22.892-acre tract of land adjacent to the
Property, as more particularly described on Exhibit A of the Conservation Area Deed (defined
below). The Conservation Area is subject to certain use restrictions as set forth in the
Conservation Area Deed.
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DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
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Res 19-23
"Conservation Area Deed" means that certain Special Warranty Deed conveying the
Conservation Area from the Declarant to the Town of Westlake, recorded under Document No.
D219086822,Official Public Records of Tarrant County, Texas.
"Declarant" means WILBOW-SOLANA LLC, a Texas limited liability company, its
successors or assigns; provided that any assignment(s) of the rights of WILBOW-SOLANA
LLC, a Texas limited liability company, as Declarant, must be expressly set forth in writing and
Recorded.
Declarant enjoys special rights and privileges to help protect its investment in the
Property which are described in this Declaration. Many of these rights do not
terminate until either Declarant:(i)has conveyed all Lots which may be created out of
the Property; or (ii) voluntarily terminates these rights by a Recorded written
instrument.
"Design Guidelines" means the standards for design, construction, landscaping, and
exterior items proposed to be placed on any Lot adopted pursuant to Section 7.2.3, as the same
may be amended from time to time. The Design Guidelines may consist of multiple written
design guidelines applying to specific portions of the Property. At Declarant's option, Declarant
may adopt or amend from time to time the Design Guidelines for the Property or any portion
thereof. Notwithstanding anything in this Declaration to the contrary, Declarant will have no
obligation to establish Design Guidelines for the Property or any portion thereof.
"Development Agreement" means that certain Development Agreement by and
between the Declarant and the Town dated effective 20
"Development Period" means the period of time beginning on the date when this
Declaration has been Recorded, and ending twenty-four (24) months after the date that
Declarant no longer owns any portion of the Property, unless earlier terminated by a Recorded
written instrument executed by the Declarant. The Development Period is the period in which
Declarant reserves the right to facilitate the development, construction, and marketing of the
Property, and the right to direct the size, shape and composition of the Property
"Homebuilder" means an Owner (other than the Declarant) who acquires a Lot for the
construction of a single family residence for resale to a third party.
"Improvement" means all physical enhancements and alterations to the Property,
including but not limited to grading, clearing, removal of trees, alteration of drainage flow, and
site work, and every structure and all appurtenances of every type and kind, whether
temporary or permanent in nature, including, but not limited to, buildings, outbuildings,
storage sheds, patios, tennis courts, sport courts, recreational facilities, swimming pools, putting
greens, garages, driveways, parking areas and/or facilities, storage buildings, sidewalks, fences,
gates, screening walls, retaining walls, stairs, patios, decks, walkways, landscaping, mailboxes,
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poles, signs, antennas, exterior air conditioning equipment or fixtures, exterior lighting fixtures,
water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines,
meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric,
telephone,regular or cable television, or other utilities.
"Lot" means any portion of the Property designated by Declarant or as shown as a
subdivided Lot on a Plat other than Common Area.
"Ma'ori "means more than half.
"Manager" has the meaning set forth in Section 4.5.8.
"Members" means every person or entity that holds membership privileges in the
Association.
"Mortgage" or "Mortgages" means any mortgage(s) or deed(s) of trust securing
indebtedness and covering any Lot.
"Mortgagee" or "Mortgagees" means the holder(s) of any Mortgage(s).
"Owner" means the person(s), entity or entities, including Declarant, holding all or a
portion of the fee simple interest in any Lot, but does not include the Mortgagee under a
Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of the
lien of its Mortgage.
"Plat" means a Recorded subdivision plat of any portion of the Property and any
amendments thereto.
"Private Streets" means Lot 31X, Block B, Knolls at Solana, a subdivision in Tarrant
County Texas, according to the plat Recorded under Instrument No.
Official Public Records of Tarrant County, Texas, consisting of private roadways known as
Hidden Oak Trail, Highpoint Trail, Deer Run Drive, Forest Knoll Drive, Blackjack Oak Trail,
Highcrest Drive, Spanish Oak Trail and Knollwood Drive. The Private Streets shall be used for
vehicular and pedestrian ingress and egress to and from the Lots and are designated hereby as
Common Area.
"Property" means Lots 2 through 20,Block A;Lots 2 through 4, 6 through 11, 13 through
15, 18 through 20, 22 through 25, and 27 through 30, Block B; and Lots 2 through 15, Block C;
Knolls at Solana, a subdivision in Tarrant County Texas, according to the plat Recorded under
Instrument No. , Official Public Records of Tarrant County, Texas, subject to such
additions thereto and deletions therefrom as may be made pursuant to Section 11.3 and Section
11.4 of this Declaration.
"Record, Recording, Recordation and Recorded" means recorded or to be recorded in
the Official Public Records of Tarrant County,Texas.
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"Resident" means an occupant or tenant of a Lot, regardless of whether the person
owns the Lot.
"Restrictions" means the restrictions, covenants, and conditions contained in this
Declaration, the Design Guidelines,Bylaws, Community Manual,Rules or policies promulgated
by the Board and amended from time to time. See Table 1 for a summary of the Restrictions.
"Rules and Regulations" means any instrument, however denominated, which is
adopted by the Board for the regulation and management of the Property, including any
amendments to those instruments.
"Solar Energy Device" means a system or series of mechanisms designed primarily to
provide heating or cooling or to produce electrical or mechanical power by collecting and
transferring solar-generated energy. The term includes a mechanical or chemical device that
has the ability to store solar-generated energy for use in heating or cooling or in the production
of power.
"Town" means the Town of Westlake, Texas.
TABLE 1:RESTRICTIONS
Declaration(Recorded) Creates obligations that are binding upon the Association
and all resent and future owners of Property.
Certificate of Formation(Recorded) Establishes the Association as a Texas nonprofit corporation.
Bylaws(Recorded) Governs the Association's internal affairs, such as elections,
meetings,etc.
Community Manual(Recorded) Establishes rules and policies governing the Association.
Design Guidelines(if adopted, Governs the design and architectural standards for the
Recorded) construction of Improvements and modifications thereto.
The Declarant shall have no obligation to adopt the Design
Guidelines.
Rules and Regulations(if adopted, Regulates the use of property, activities, and conduct within
Recorded) the Pro erty.
Board Resolutions(adopted by the Board Establishes rules, policies, and procedures for the Property,
of the Association) Owners and the Association.
ARTICLE 2
USE RESTRICTIONS
All of the Property shall be owned, held, encumbered, leased, used, occupied, and
enjoyed subject to the following limitations and restrictions:
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2.1 General.
2.1.1 Conditions and Restrictions. All Lots within the Property will be
owned,held,encumbered,leased,used, occupied and enjoyed subject to the Restrictions.
NOTICE
The Restrictions are subject to change from time to time. By owning or occupying a
Lot, you agree to remain in compliance with the Restrictions, as they may change
from time to time.
2.1.2 Ordinances. Ordinances and requirements imposed by local
governmental authorities are applicable to all Lots within the Property. Compliance with the
Restrictions is not a substitute for compliance with such ordinances and regulations. Please be
advised that the Restrictions do not purport to list or describe each ordinance or regulation
which may be applicable to a Lot located within the Property. Each Owner is advised to review
all ordinances, requirements, regulations and encumbrances affecting the use and improvement
of their Lot prior to submitting plans to the ACC for approval. Furthermore, approval by the
ACC should not be construed by the Owner that any Improvement complies with the terms and
provisions of any ordinances, requirements, regulations or encumbrances which may affect the
Owner's Lot. Certain encumbrances may benefit parties whose interests are not addressed by
the ACC.
2.1.3 Compliance with Development Agreement and Conservation Area Deed.
The Association, each Owner, Homebuilder, Resident or other user of any portion of the
Property must comply with the Restrictions and Applicable Law, as well as those certain
obligations and requirements set forth in the Development Agreement and the Conservation
Area Deed.
(i) The Development Agreement contains certain development and
maintenance standards for Lots and residential homes constructed on the
Lots. Each Owner and Homebuilder is advised to review the
Development Agreement prior to acquisition of a Lot and prior to
commencement of construction of any Improvements on the Property. In
the event of any conflict between the Restrictions and the Development
Agreement, the Development Agreement shall control.
(ii) The Conservation Area Deed contains certain rights, obligations and
restrictions (the "Conservation Area Restrictions") regarding the use of
and access to the Conservation Area. Each Owner and Homebuilder is
advised to review the Conservation Area Restrictions prior to acquisition
of a Lot and prior to commencement of construction of any
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Improvements on the Property. In the event of any conflict between the
Restrictions and the Conservation Area Restrictions, the Conservation
Area Restrictions shall control.
2.2 Conceptual Plans. All master plans, site plans, brochures, illustrations,
information and marketing materials relating to the Property (collectively, the "Conceptual
Plans") are conceptual in nature and are intended to be used for illustrative purposes only. The
land uses and Improvements reflected on the Conceptual Plans are subject to change at any
time and from time to time, and it is expressly agreed and understood that land uses within the
Property may include uses which are not shown on the Conceptual Plans. Neither Declarant
nor any Homebuilder or other developer of any portion of the Property makes any
representation or warranty concerning such land uses and Improvements shown on the
Conceptual Plans or otherwise planned for the Property and it is expressly agreed and
understood that no Owner will be entitled to rely upon the Conceptual Plans in making the
decision to purchase any land or Improvements within the Property. Each Owner who acquires
a Lot within the Property acknowledges that development of the Property will likely extend
over many years, and agrees that the Association will not engage in, or use Association funds to
support, protest, challenge, or make any other form of objection to development of the Property
or changes in the Conceptual Plans as they may be amended or modified from time to time.
2.3 Single-Family Residential Use . The Lots shall be used solely for single-family
residential purposes. The Lots may not be used for any other purposes without the prior
written consent of the Declarant, which consent may be withheld by the Declarant in its sole
and absolute discretion. No professional, business, or commercial activity to which the general
public is invited shall be conducted on any portion of a Lot, except an Owner or Resident may
conduct business activities within a residence so long as: (i) such activity complies with all the
applicable zoning ordinances (if any); (ii) participation in the business activity is limited to the
Owner(s) or Resident(s) of a residence; (iii) the existence or operation of the business activity is
not apparent or detectable by sight, i.e., no sign may be erected advertising the business within
the Property, sound, or smell from outside the residence; (iv) the business activity does not
involve door-to-door solicitation of residents within the Property; (v) the business does not, in
the Board's judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles
parked within the Property which is noticeably greater than that which is typical of residences
in which no business activity is being conducted; (vi) the business activity is consistent with the
residential character of the Property and does not constitute a nuisance, or a hazardous or
offensive use, or threaten the security or safety of other Residents within the Property as may be
determined in the sole discretion of the Board; and (vii) the business does not require the
installation of any machinery other than that customary to normal household operations. In
addition, for the purpose of obtaining any business or commercial license, neither the residence
nor Lot will be considered open to the public. The terms "business" and "trade", as used in this
provision, shall be construed to have their ordinary, generally accepted meanings and shall
include, without limitation, any occupation, work, or activity undertaken on an ongoing basis
which involves the provision of goods or services to persons other than the provider's family
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and for which the provider receives a fee, compensation, or other form of consideration,
regardless of whether: (x) such activity is engaged in full or part-time; (y) such activity is
intended to or does generate a profit;or (z) a license is required.
Leasing of a residence shall not be considered a business or trade within the meaning of
this subsection. This subsection shall not apply to any activity conducted by the Declarant or a
Homebuilder.
Notwithstanding any provision in this Declaration to the contrary, until the earlier to
occur of expiration or termination of the Development Period, or forty (40) years from the date
this Declaration is Recorded:
(i) Declarant and/or its designees may construct and maintain upon portions
of the Common Area and any Lot owned by the Declarant such facilities
and may conduct such activities which, in Declarant's sole opinion, may
be reasonably required, convenient, or incidental to the construction or
sale of single family residences constructed upon the Lots, including, but
not limited to, business offices, signs, model homes, and sales offices.
Declarant and/or its designees shall have an easement over and across the
Common Area for access and use of such facilities at no charge; and
(ii) Declarant and/or its designees will have an access easement over and
across the Common Area for the purpose of making, constructing and
installing Improvements upon the Common Area.
2.4 Rentals. Nothing in this Declaration will prevent the rental of any Lot and the
Improvements thereon by the Owner thereof for residential purposes; provided that: (i) all
rentals must be for terms of at least six (6) months; and (ii) no portion of a Lot (other than the
entire Lot) may be rented. All leases shall be in writing, and the Board will have the authority
to approve all leases in advance. Each lease must provide, or be deemed to provide, that the
Board shall have the right to terminate the lease upon default by the tenant in observing any
provisions of the Restrictions. The Board may deny permission to lease any Lot on any
reasonable grounds the Board may find. The Board shall have the right to require the Owner to
deposit in escrow with the Association (in addition to any other deposits which may be
required by the Owner so long as such additional deposit is not prohibited by law) an amount
not to exceed one month's rental fee paid. Said deposit may be used by the Association to
repair any damage to the Property resulting from acts or omission by the tenants (as
determined in the sole discretion of the Board). Regardless of whether or not expressed in the
applicable lease, all Owners shall be jointly and severally liable with the tenants of such Lot to
the Association for any amount which is required by the Association to effect such repairs or to
pay any claim for any injury or damage to property caused by the negligence of the tenant of
such Lot or for the acts or omissions of the tenant(s) of such Lot which constitute a violation of,
or non-compliance with, the provisions of the Documents. All leases shall comply with and be
subject to the provisions of the Restrictions and the provisions of same shall be deemed
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expressly incorporated into any lease of a Lot. This Section shall also apply to assignments and
renewals of leases. No lease approved by the Board shall be amended or modified without the
Board's approval. In making its determination as to whether to approve a lease of a Lot, the
Board shall not discriminate on the grounds of race, gender, religion, national origin, familial
status or physical or mental handicap; provided, however, nothing herein shall be construed to
require the Association to furnish an alternate tenant to the Owner in the event the Board
disapproves a lease or tenant. Upon entering into an agreement for the lease of a Lot, an
Owner, other than Declarant, shall provide written notice to the Board, or its designee, of the
lease agreement and furnish the names of the prospective tenant. The Board may require that
the Owner deliver to the tenant, a copy of the Restrictions and obtain a written instrument
executed by the tenant acknowledging receipt of the Restrictions which receipt will be provided
to the Board. The Board shall have the right to charge an Owner a reasonable fee (not to exceed
$500.00) as determined by the Board for the processing of leases of Lots.
2.5 Subdividinl;. No Lot shall be further divided or subdivided, nor may any
easements or other interests therein less than the whole be conveyed by the Owner thereof
without the prior written approval of the ACC; provided, however, that when Declarant is the
Owner thereof, Declarant may further divide and subdivide any Lot and convey any easements
or other interests less than the whole, all without the approval of the ACC. In the event of the
re-subdivision of any Lot into two (2) or more Lots, each Lot resulting from the re-subdivision
shall be allocated one (1) Assessment Unit. In the event of the consolidation of two (2) or more
Lots for the purposes of constructing a single residence thereon, the Assessment Units will
continue to be determined according to the number of original Lots contained in such
consolidated Lot. Nothing in this Declaration shall be construed as authorization for any re-
subdivision or consolidation of Lots, such actions being subject to the written approval of the
ACC.
2.6 Hazardous Activities. No activities may be conducted on or within the Property
and no Improvements constructed on any portion of the Property which, in the opinion of the
Board, are or might be unsafe or hazardous to any person or property. Without limiting the
generality of the foregoing,no firearms or fireworks may be discharged upon any portion of the
Property unless discharged in conjunction with an event approved in advance by the Board and
no open fires may be lighted or permitted except within safe and well-designed fireplaces or in
contained barbecue units while attended and in use for cooking purposes. No portion of the
Property may be used for the takeoff, storage, or landing of aircraft (including, without
limitation,helicopters) except for medical emergencies.
2.7 Insurance Rates. Nothing shall be done or kept on the Property which would
increase the rate of casualty or liability insurance or cause the cancellation of any such insurance
on the Common Area, or the Improvements located thereon,without the prior written approval
of the Board.
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2.8 Mining and Drilling. No portion of the Property may be used for the purpose of
mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other
hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth. This
provision will not be construed to prevent the excavation of rocks, stones, sand, gravel,
aggregate, or earth or the storage of such material for use as fill provided that such activities are
conducted in conjunction with the construction of Improvements and/or the development of the
Property by the Declarant. Furthermore, this provision will not be interpreted to prevent the
drilling of water wells approved in advance by the ACC which are required to provide water to
all or any portion of the Property. All water wells must also be approved in advance by the
ACC and any applicable regulatory authority.
2.9 Water Bodies. By acceptance of a deed to a home or a lot, each owner
acknowledges that the water levels of all water bodies, if any, may vary. There is no guarantee
by the Declarant or the Association that water levels will be constant or aesthetically pleasing at
any particular time. In fact, water levels may be non-existent from time to time.
2.10 Noise. No exterior speakers, horns,whistles,bells, or other sound devices (other
than security devices used exclusively for security purposes) shall be located,used, or placed on
any of the Property. No noise or other nuisance shall be permitted to exist or operate upon any
portion of the Property so as to be offensive or detrimental to any other portion of the Property
or to its Residents. Without limiting the generality of the foregoing, if any noise or nuisance
emanates from any Improvement on any Lot, the Association may (but shall not be obligated to)
enter any such Improvement and take such reasonable actions necessary to terminate such noise
(including silencing any burglar or break-in alarm).
2.11 Animals - Household Pets. No animals, including pigs, hogs, swine, 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 or within the Property (as used in this paragraph, the term
"domestic household pet" shall not mean or include non-traditional pets such pot-bellied pigs,
miniature horses, goats, exotic snakes or lizards, ferrets, monkeys, chickens or other exotic
animals). The Board may conclusively determine, in its sole discretion, whether a particular pet
is a domestic household pet within the ordinary meaning and interpretation of such words. No
Owner may keep more than four (4) cats and dogs, in the aggregate, of which no more than two
(2) may be dogs, unless otherwise approved by the Board. No animal may be allowed to make
an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be
allowed on the Property other than within the Owner's residence, or the fenced yard space
associated therewith, unless confined to a leash. The Association may restrict pets to certain
areas on the Property. 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 may be allowed to run at large, and all animals must be kept within enclosed areas
which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. No
pet may be left unattended in yards, porches or other outside area. All pet waste will be
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removed and appropriately disposed of by the owner of the pet. All pets must be registered,
licensed and inoculated as required by Applicable Law. If, in the opinion of the Board, any pet
becomes a source of unreasonable annoyance to others, or the owner of the pet fails or refuses to
comply with these restrictions, the Owner, upon written notice, may be required to remove the
pet from the Property.
2.12 Rubbish and Debris. As determined by the Board, no rubbish or debris of any
kind may be placed or permitted to accumulate on or within the Property, and no odors will be
permitted to arise therefrom so as to render all or any portion of the Property unsanitary,
unsightly, offensive, or detrimental to any other property or Residents. Refuse, garbage, and
trash must be kept at all times in covered containers, and such containers must be kept within
enclosed structures or appropriately screened from view. Each Owner will contract with an
independent disposal service to collect all garbage or other wastes, if such service is not
provided by a governmental entity or the Association.
2.13 Trash Containers. Trash containers and recycling bins must be stored in one of
the following locations:
(i) inside the garage of the single-family residence constructed on the Lot; or
(ii) behind the single-family residence or fence constructed on the Lot in such
a manner that the trash container and recycling bin is not visible from any
street, alley, or adjacent Lot.
The Board shall have the right to specify additional locations on each Owner's Lot in
which trash containers or recycling bins must be stored.
2.14 Maintenance. The Owners of each Lot shall jointly and severally have the duty
and responsibility, at their sole cost and expense, to keep their Lot and all Improvements
thereon in good condition and repair and in a well-maintained, safe, clean and attractive
condition at all times. The Board, in its sole discretion, shall determine whether a violation of
the maintenance obligations set forth in this Section 2.14 has occurred. Such maintenance
includes, but is not limited to the following, which shall be performed in a timely manner, as
determined by the Board, in its sole discretion:
(i) Prompt removal of all litter, trash,refuse, and wastes.
(ii) Lawn mowing.
(iii) Tree and shrub pruning.
(iv) Watering.
(v) Keeping exterior lighting and mechanical facilities in working order.
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(vi) Keeping lawn and garden areas alive,free of weeds, and attractive.
(vii) Keeping planting beds free of turf grass.
(viii) Keeping sidewalks and driveways in good repair.
(ix) Complying with Applicable Law.
(x) Repainting of Improvements.
(xi) Repair of exterior damage, and wear and tear to Improvements.
Notwithstanding the foregoing, in the Board, in its sole discretion, may require the
Association to perform the landscape maintenance obligations set forth in this Section 2.14
on behalf of the Owners. In such event, the costs incurred by the Association to perform the
landscape maintenance obligations shall be discharged through regular annual Assessments
levied in accordance with Section 6.3 herein.
2.15 Street Landscape Area-Owner's Obligation to Maintain Landscaping. Each
Owner will be responsible, at such Owner's sole cost and expense, for maintaining mowing,
replacing, pruning, and irrigating the landscaping between the boundary of such Owner's Lot
and the curb of any adjacent right-of-way, street or alley (the "ST Landscape Area") unless the
responsibility for maintaining the ST Landscape Area is performed by the Association.
2.16 Antennas. Except as expressly provided below, no exterior radio or television
antennae or aerial or satellite dish or disc, shall be erected, maintained or placed on a Lot
without the prior written approval of the ACC;provided,however, that:
(i) an antenna designed to receive direct broadcast services,including direct-
to-home satellite services,that is one meter or less in diameter;or
(ii) an antenna designed to receive video programming services via
multipoint distribution services, including multi-channel multipoint
distribution services, instructional television fixed services, and local
multipoint distribution services, that is one meter or less in diameter or
diagonal measurement;or
(iii) an antenna that is designed to receive television or radio broadcast
signals;
(collectively, (i) through (iii) are referred to herein as the "Permitted Antennas") will be
permitted subject to reasonable requirements as to location and screening as may be set forth in
rules adopted by the ACC, consistent with Applicable Law, in order to minimize obtrusiveness
as viewed from streets and adjacent property. Declarant and/or the Association will have the
right, but not the obligation, to erect an aerial, satellite dish, or other apparatus for a master
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antenna, cable, or other communication system for the benefit of all or any portion of the
Property.
2.17 Location of Permitted Antennas. A Permitted Antenna may be installed solely
on the Owner's Lot and shall not encroach upon any street, Common Area, or any other portion
of the Property. A Permitted Antenna shall be installed in a location on the Lot from which an
acceptable quality signal can be obtained and where least visible from the street and the
Property, other than the Lot. In order of preference, the locations of a Permitted Antenna
which will be considered least visible by the ACC are as follows:
(i) Attached to the back of the principal single-family residence constructed
on the Lot, with no part of the Permitted Antenna any higher than the
lowest point of the roofline and screened from view of adjacent Lots and
the street;then
(ii) Attached to the side of the principal single-family residence constructed
on the Lot, with no part of the Permitted Antenna any higher than the
lowest point of the roofline and screened from view of adjacent Lots and
the street.
The ACC may, from time to time, modify, amend, or supplement the rules regarding
installation and placement of Permitted Antennas.
Satellite dishes one meter or less in diameter, e.g., DirectTV or Dish satellite dishes,
are permitted, HOWEVER, you are required to comply with the rules regarding
installation and placement. These Rules and Regulations may be modified by the
ACC from time to time. Please contact the ACC for the current rules regarding
installation and placement.
2.18 Signs. Unless otherwise prohibited by Applicable Law, no sign of any kind may
be displayed to the public view on any Lot without the prior written approval of the ACC,
except for:
(i) signs which are expressly permitted pursuant to the Design Guidelines or
Rules and Regulations;
(ii) signs which are part of Declarant's or Homebuilder's overall marketing,
sale, or construction plans or activities for the Property;
(iii) one (1) temporary school "spirit" sign placed on the Lot. The sign must
be professionally made and shall be limited to maximum face area of five
(5) square feet on each visible side and, if free standing, is mounted on a
single or frame post. The overall height of the sign from finished grade at
the spot where the sign is located may not exceed four (4) feet. The sign
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must be removed within five (5) business days following the athletic
season for which the sign relates;
(iv) one (1) temporary "For Sale" sign placed on the Lot. The sign must be
professionally made and shall be limited to a maximum face area of five
(5) square feet on each visible side and, if free standing, is mounted on a
single or frame post. The overall height of the sign from the finished
grade of the Lot at the spot where the sign is located may not exceed four
(4) feet. The sign must be removed within two (2) business days
following the sale or lease of the Lot;
(v) political signs may be erected provided the sign: (a) is erected no earlier
than the 90th day before the date of the election to which the sign relates;
(b) is removed no later than the 101h day after the date of the election to
which the sign relates; and (c) is ground-mounted. Only one sign may be
erected for each candidate or ballot item. In addition, signs which
include any of the components or characteristics described in Section
202.009(c) of the Texas Property Code are prohibited;
(vi) a religious item on the entry door or door frame of a residence (which
may not extend beyond the outer edge of the door frame), provided that
the size of the item(s), individually or in combination with other religious
items on the entry door or door frame of the residence, does not exceed
twenty-five (25) square inches;
(vii) permits as may be required by legal proceedings;and
(viii) permits as may be required by any governmental entity.
An Owner or Resident will be permitted to post a"no soliciting" and "security warning"
sign near or on the front door to their residence, provided, that the sign may not exceed twenty-
five (25) square inches.
For Lease and For Rent signs are expressly prohibited.
2.19 Flags - Approval Requirements. An Owner is permitted to display the flag of
the United States of America, the flag of the State of Texas, or an official or replica flag of any
branch of the United States Military ("Permitted Flag") and permitted to install a flagpole no
more than five feet (5') in length affixed to the front of a residence near the principal entry or
affixed to the rear of a residence ("Permitted Flagpole"). Only two (2) permitted Flagpoles are
allowed per residence. A Permitted Flag or Permitted Flagpole need not be approved in
advance by the ACC. Approval by the ACC is required prior to installing vertical freestanding
flagpoles installed in the front or back yard area of any Lot ("Freestanding Flagpole"). To
obtain ACC approval of any Freestanding Flagpole, the Owner shall provide the ACC with the
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following information: (a) the location of the Freestanding Flagpole to be installed on the Lot;
(b) the type of Freestanding Flagpole to be installed; (c) the dimensions of the Freestanding
Flagpole; and (d) the proposed materials of the Freestanding Flagpole (the "Flagpole
Application"). A Flagpole Application may only be submitted by an Owner. The Flagpole
Application shall be submitted in accordance with the provisions of Article 7 of this Declaration.
2.20 Flags - Installation and Display. Unless otherwise approved in advance and in
writing by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed
in accordance with the Flagpole Application,must comply with the following:
(i) No more than one (1) Freestanding Flagpole OR no more than two (2)
Permitted Flagpoles are permitted per Lot, on which only Permitted Flags
may be displayed;
(ii) Any Permitted Flagpole must be no longer than five feet (5) in length and
any Freestanding Flagpole must be no more than twenty feet (20') in
height
(iii) Any Permitted Flag displayed on any flagpole may not be more than
three feet in height by five feet in width(3'x5');
(iv) With the exception of flags displayed on Common Area or any Lot which
is being used for marketing purposes by the Declarant or a Homebuilder,
the flag of the United States of America must be displayed in accordance
with 4 U.S.C. Sections 5-10 and the flag of the State of Texas must be
displayed in accordance with Chapter 3100 of the Texas Government
Code;
(v) The display of a Permitted Flag, or the location and construction of a
Permitted Flagpole or Freestanding Flagpole must comply with all
Applicable Law;
(vi) Each Permitted Flagpole and Freestanding Flagpole must be constructed
of permanent, long-lasting materials, with a finish appropriate to the
materials used in the construction thereof and harmonious with the
residence;
(vii) Each Permitted Flag, Permitted Flagpole or Freestanding Flagpole must
be maintained in good condition and any deteriorated Permitted Flag or
deteriorated or structurally unsafe Permitted Flagpole or Freestanding
Flagpole must be repaired,replaced or removed;
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(viii) A Permitted Flag may be illuminated by no more than one (1) halogen
landscaping light of low beam intensity which shall not be aimed towards
or directly affect any neighboring Lot; and
(ix) Any external halyard of a Permitted Flagpole or Freestanding Flagpole
must be secured so as to reduce or eliminate noise from flapping against
the metal of the Permitted Flagpole or Freestanding Flagpole.
2.21 Tanks. The ACC must approve any tank used or proposed in connection with a
residence, including tanks for storage of fuel, water, oil, or LPG, and including swimming pool
filter tanks. No elevated tanks of any kind may be erected, placed or permitted on any Lot
without the advance written approval of the ACC. All permitted tanks must be screened from
view in accordance with a screening plan approved in advance by the ACC. This provision will
not apply to a tank used to operate a standard residential gas grill.
2.22 Temporary Structures. No tent, shack, or other temporary building,
Improvement, or structure shall be placed upon the Property without the prior written approval
of the ACC; provided, however, that temporary structures necessary for storage of tools and
equipment, and for office space for Homebuilders, architects, and foremen during actual
construction may be maintained with the prior approval of Declarant, approval to include the
nature, size, duration, and location of such structure.
2.23 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Board
will be permitted to remain on any Lot so as to be visible from adjoining property or from
public or private thoroughfares. Without limiting the generality of the foregoing, trailers,
graders, trucks other than pickups,boats, tractors, campers, wagons, buses, motorcycles, motor
scooters, all-terrain vehicles and garden and lawn maintenance equipment must be kept at all
times except when in actual use, in enclosed structures or screened from view and no repair or
maintenance work may be done on any of the foregoing, or on any automobile (other than
minor emergency repairs), except in enclosed garages or other structures. Service areas, storage
areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics
must be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree
clippings, metals, bulk materials, scrap, refuse or trash must be kept, stored, or allowed to
accumulate on any portion of the Property except within enclosed structures or appropriately
screened from view. No: (i) racing vehicles; or (ii) other vehicles (including, without limitation,
motorcycles or motor scooters) which are inoperable or do not have a current license tag will be
permitted to remain visible on any Lot or to be parked on any roadway within the Property.
Motorcycles shall be operated in a quiet manner.
Parking of commercial vehicles or equipment, recreational vehicles, boats and other
watercraft, trailers, stored vehicles or inoperable vehicles in places other than: (a) in enclosed
garages; and (b) behind a fence so as to not be visible from any other portion of the Property is
prohibited; provided, construction, service and delivery vehicles may be exempt from this
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provision for such period of time as is reasonably necessary to provide service or to make a
delivery to a residence,but in no event exceeding twenty-four(24)hours.
Mobile homes are prohibited. Notwithstanding the foregoing, sales trailers or other
temporary structures expressly approved by the ACC shall be permitted.
2.24 Basketball Goals; Permanent and Portable. Permanent basketball goals are
permitted between the street right-of-way and the front of the residence on a Lot provided the
basketball goal is located approximately twenty-five feet (25') from the street curb. The
basketball goal backboard must be perpendicular to the street and mounted on a black metal
pole permanently installed in the ground. Portable basketball goals are permitted but must be
stored in the rear of the Lot or inside garage from sundown to sunrise. Basketball goals must be
properly maintained and painted, with the net in good repair. All basketball goals, whether
permanent or portable,must be approved by the ACC prior to being placed on any Lot.
2.25 Compliance with Restrictions. Each Owner, his or her family, Residents of a
Lot, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with
the provisions of the Restrictions as the same may be amended from time to time. Failure to
comply with any of the Restrictions shall constitute a violation of the Restrictions and may
result in a fine against the Owner in accordance with Section 6.12 of this Declaration, and shall
give rise to a cause of action to recover sums due for damages or injunctive relief, or both,
maintainable by the Declarant, the Board on behalf of the Association, the ACC, or by an
aggrieved Owner. Without limiting any rights or powers of the Association, the Board may
(but shall not be obligated to) remedy or attempt to remedy any violation of any of the
provisions of Restrictions, and the Owner whose violation has been so remedied shall be
personally liable to the Association for all costs and expenses of effecting (or attempting to
effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the
Association, such costs and expenses (plus interest from the date of demand until paid at the
maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-
half percent(1-1/2%) per month) shall be assessed against and chargeable to the Owner's Lot(s).
Any such amounts assessed and chargeable against a Lot shall be secured by the liens reserved
in this Declaration for Assessments and may be collected by any means provided in this
Declaration for the collection of Assessments, including, but not limited to, foreclosure of such
liens against the Owner's Lot(s). Each such Owner shall indemnify and hold harmless the
Association and its officers, directors, employees and agents from any cost, loss, damage,
expense, liability, claim or cause of action incurred or that may arise by reason of the
Association's acts or activities under this Section 2.25 (including any cost, loss, damage,
expense, liability, claim or cause of action arising out of the Association's negligence in
connection therewith), except for such cost,loss, damage, expense,liability, claim or cause of
action arising by reason of the Association's gross negligence or willful misconduct. "Gross
negligence" as used herein does not include simple negligence, contributory negligence or
similar negligence short of actual gross negligence.
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2.26 Liability of Owners for Damage to Common Area. No Owner shall in any way
alter, modify, add to or otherwise perform any work upon the Common Area without the prior
written approval of the Board. Each Owner shall be liable to the Association for any and all
damages to: (i) the Common Area and any Improvements constructed thereon; or (ii) any
Improvements constructed on any Lot, the maintenance of which has been assumed by the
Association, which damages were caused by the neglect,misuse or negligence of such Owner or
Owner's family, or by Resident of such Owner's Lot, or any guest or invitee of such Owner or
Resident. The full cost of all repairs of such damage shall be an Individual Assessment against
such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same
manner as provided in Section 6.10 of this Declaration.
2.27 No Warranty of Enforceability. Declarant makes no warranty or representation
as to the present or future validity or enforceability of the Restrictions. Any Owner acquiring a
Lot in reliance on one or more of the Restrictions shall assume all risks of the validity and
enforceability thereof and,by acquiring the Lot, agrees to hold Declarant harmless therefrom.
2.28 Party Wall Fences. A fence or wall located on or near the dividing line between
two (2) Lots and intended to benefit both Lots constitutes a "Party Wall" and, to the extent not
inconsistent with the provisions of this Section 2.28, is subject to the general rules of law
regarding party walls and liability for property damage due to negligence, willful acts, or
omissions.
2.28.1 Encroachments & Easement. If the Party Wall is on one Lot due to an
error in construction, the Party Wall is nevertheless deemed to be on the dividing line for
purposes of this Section 2.28. Each Lot sharing a Party Wall is subject to an easement for the
existence and continuance of any encroachment by the Party Wall as a result of construction,
repair, shifting, settlement, or movement in any portion of the Party Wall, so that the
encroachment may remain undisturbed as long as the Party Wall stands. Each Lot is subject to
a reciprocal easement for the maintenance, repair, replacement, or reconstruction of the Party
Wall.
2.28.2 Right to Repair. If the Party Wall is damaged or destroyed from any
cause, the Owner of either Lot may repair or rebuild the Party Wall to its previous condition,
and the Owners of both Lots, their successors and assigns, have the right to the full use of the
repaired or rebuilt Party Wall.
2.28.3 Maintenance Costs. The Owners of the adjoining Lots share equally
the costs of repair, reconstruction, or replacement of the Party Wall, subject to the right of one
Owner to call for larger contribution from the other under any rule of law regarding liability for
negligence or willful acts or omissions. If an Owner is responsible for damage to or destruction
of the Party Wall, that Owner will bear the entire cost of repair, reconstruction, or
replacement. If an Owner fails or refuses to pay his share of costs of repair or replacement
of the Party Wall, the Owner advancing monies has a right to file a claim of lien for the
monies advanced in the Official Public Records of Tarrant County, Texas, and has the right
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
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to foreclose the lien as if it were a mechanic's lien. The right of an Owner to require
contribution from another Owner under this Section 2.28 is appurtenant to the Lot and
passes to the Owner's successors in title.
2.28.4 Alterations. The Owner of a Lot sharing a Party Wall may not cut
openings in the Party Wall or alter or change the Party Wall in any manner that affects the use,
condition, or appearance of the Party Wall to the adjoining Lot. The Party Wall will always
remain in the same location as when erected unless otherwise approved by the Owner of each
Lot sharing the Party Wall and the ACC.
2.29 No Tennis or Recreational Courts; Playscapes. No tennis, recreational or sport
courts shall be constructed on any Lot unless expressly approved by the ACC. The ACC may
prohibit the installation of a tennis, recreational or sport court on any Lot. Playscapes or any
similar recreational facilities may not be constructed on any Lot without the advance written
approval of the ACC. The ACC may prohibit the installation of playscapes or similar
recreational facilities on any Lot.
2.30 Decorations and Lighting. Unless otherwise permitted by Section 2.18(vi), no
decorative appurtenances such as sculptures, birdbaths and birdhouses, fountains, or other
decorative embellishments shall be placed on the residence or on the front yard or on any other
portion of a Lot which is visible from any street, unless such specific items have been approved
in writing by the ACC. Customary seasonal decorations for holidays are permitted without
approval by the ACC but shall be removed within thirty (30) days of the applicable holiday.
Outside lighting fixtures shall be placed so as to illuminate only the yard of the applicable Lot
and so as not to affect or reflect into surrounding residences or yards. No mercury vapor,
sodium or halogen light shall be installed on any Lot which is visible from any street unless
otherwise approved by the ACC.
2.31 Clotheslines; Window Air Conditioners. No clotheslines and no outdoor
clothes drying or hanging shall be permitted within the Property, nor shall anything be hung,
painted or displayed on the outside of the windows (or inside, if visible from the outside) or
placed on the outside walls or outside surfaces of doors of any of the residence, and no
awnings, canopies or shutters (except for those heretofore or hereinafter installed by Declarant
or a Homebuilder) shall be affixed or placed upon the exterior walls or roofs of residences, or
any part thereof, nor relocated or extended, without the prior written consent of the ACC.
Window air conditioners are prohibited.
2.32 Dumping. No portion of the Property shall be used or maintained as a dumping
ground for rubbish, trash, new or used lumber or wood, metal scrap, garbage or other waste,
except that such material may be kept in areas of the Property designated for this purpose by
Declarant (in connection with its construction) or by the Board, provided that these materials
are kept in sanitary containers in a clean and sanitary condition. Owners shall place these
containers for collection only in the designated areas and only on the day these refuse materials
are to be collected. Empty containers shall be removed promptly after collection.
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2.33 Restriction on Use of Common Area. The Board may prohibit or restrict the use
of the Common Area from time to time, on a non-discriminatory basis, if and to the extent
required for safety or other valid reasons.
2.34 Water Quality Facilities, Drainage Facilities and Drainage Ponds. The
Property may include, now or in the future, one or more water quality facilities, sedimentation,
drainage and detention facilities, or ponds which serve all or a portion of the Property and are
inspected, maintained and administered by the Association in accordance with Applicable Law.
Access to these facilities and ponds is limited to persons engaged by the Association to
periodically maintain such facilities. Each Owner is advised that the water quality facilities,
sedimentation, drainage and detention facilities and ponds are an active utility feature integral
to the proper operation of the Property and may periodically hold standing water. Each Owner
is advised that entry into the water quality facilities, sedimentation, drainage and detention
facilities or ponds may result in injury and is a violation of the Rules and Regulations.
2.35 Homebuilder Exemption. The provisions of this Article are intended to restrict
certain uses that may be harmful or affect the ambience or aesthetic appeal of the Property; the
restrictions are not intended to prohibit the Declarant or Homebuilders from performing such
work as may be necessary in the completion of the Property, or any portion thereof. The
restrictions in this Article shall not be binding on Declarant or Homebuilders in the
performance of any work required in order to complete construction of the Property, or any
portion thereof.
ARTICLE 3
CONSTRUCTION RESTRICTIONS
3.1 Approval for Construction. Unless prosecuted by the Declarant, no
Improvements shall be constructed upon any Lot without the prior written approval of the
ACC in accordance with Article 7 of this Declaration.
3.2 Masonry Requirements. The masonry requirements for each residence
constructed on a Lot are set forth in the Design Guidelines.
3.3 Minimum Square Footage. The minimum square footage requirements for each
residence constructed on a Lot are set forth in the Design Guidelines.
3.4 Garages. Each residence constructed upon a Lot shall have a private garage for
not less than two (2) automobiles; provided, however, that pursuant to applicable zoning
requirements, certain residences constructed upon a Lot shall be required to have a private
garage for not less than three (3) automobiles. The location, orientation and opening of each
garage to be located on a Lot shall be approved in advance of construction by the ACC. All
garages shall be maintained for the parking of automobiles, may not be used for storage or
other purposes which preclude its use for the parking of automobiles, and no garage may be
permanently enclosed or otherwise used for habitation.
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DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
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3.5 Fences; Sidewalks. All fences, courtyard fencing, parking screening and walls
shall comply with all Applicable Law. Fences constructed on corner lots may be installed one (1)
foot from the sidewalk and/or the property line of the Lot, provided that such fencing complies
with Applicable Law. The fencing requirements for each residence constructed on a Lot are set
forth in the Design Guidelines. If required by the Plat, the Owner of each Lot shall construct, at
such Owner's sole cost and expense and prior to occupying any Improvement, a sidewalk on
such Owner's Lot, located and designed in conformance with the Plat.
3.6 Building Restrictions. All building materials must be approved in advance by
the ACC, and only new building materials shall be used for constructing any Improvements.
Detailed building restrictions for each residence constructed on a Lot are set forth in the Design
Guidelines. No highly reflective finishes (other than glass, which may not be mirrored) shall be
used on exterior surfaces (other than surfaces of hardware fixtures), including, without
limitation,the exterior surfaces of any Improvements.
3.7 Alteration or Removal of Improvements. Any construction, other than normal
maintenance, which in any way alters the exterior appearance of any Improvement, or the
removal of any Improvement shall be performed only with the prior written approval of the
ACC.
3.8 Drainage. There shall be no interference with the established drainage patterns
over any of the Property, including the Lots, except by Declarant, unless adequate provision is
made for proper drainage and such provision is approved in advance by the ACC. Specifically,
and not by way of limitation, no Improvement, including landscaping, may be installed which
alters the natural drainage patterns, unless such drainage is redirected to a street or Common
Area upon the written approval of the ACC.
3.9 Construction Activities. The Restrictions will not be construed or applied so as
to unreasonably interfere with or prevent normal construction activities during the construction
of Improvements by an Owner (including Declarant or a Homebuilder) upon or within the
Property. Specifically,no such construction activities will be deemed to constitute a nuisance or
a violation of the Restrictions by reason of noise, dust, presence of vehicles or construction
machinery, posting of signs or similar activities, provided that such construction is pursued to
completion with reasonable diligence and conforms to usual construction practices in the area.
In the event that construction upon any Lot does not conform to usual practices in the area as
determined by the ACC in its sole and reasonable judgment, the ACC will have the authority to
seek an injunction to stop such construction. In addition, if during the course of construction
upon any Lot there is excessive accumulation of debris of any kind which would render the Lot
or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion
of the Property, then the ACC may contract for or cause such debris to be removed, and the
Owner of the Lot will be liable for all reasonable expenses incurred in connection therewith.
3.10 Roofin . The roofing requirements for each residence constructed on a Lot are
set forth in the Design Guidelines.
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3.11 Swimming Pools. Any swimming pool constructed on a Lot must be enclosed
with a fence or other enclosure device completely surrounding the swimming pool which, at a
minimum, satisfies all Applicable Law. Nothing in this Section 3.11 is intended or shall be
construed to limit or affect an Owner's obligation to comply with any Applicable Law
concerning swimming pool enclosure requirements. Above-ground or temporary swimming
pools are prohibited.
3.12 Solar Energy Device. Solar Energy Devices may be installed with the advance
written approval of the ACC in accordance with the procedures set forth in the Design
Guidelines.
3.13 Rainwater Harvesting Systems. Rain barrels or rainwater harvesting systems (a
"Rainwater Harvesting System") may be installed with the advance written approval of the
ACC.
3.13.1 Application. To obtain ACC approval of a Rainwater Harvesting
System, the Owner shall provide the ACC with the following information: (a) the proposed
installation location of the Rainwater Harvesting System; and (b) a description of the Rainwater
Harvesting System, including the color, dimensions, manufacturer, and photograph or other
accurate depiction (the "Rain System Application"). A Rain System Application may only be
submitted by an Owner unless the Owner's tenant provides written confirmation at the time of
submission that the Owner consents to the Rain System Application.
3.13.2 Approval Process. The decision of the ACC will be made in
accordance with Article 7 of this Declaration. Any proposal to install a Rainwater Harvesting
System on property owned by the Association or property owned in common by Members of
the Association must be approved in advance and in writing by the Board, and the Board need
not adhere to this Section 3.13 when considering any such request.
3.13.3 Approval Conditions. Unless otherwise approved in advance and in
writing by the ACC,each Rain System Application and each Rainwater Harvesting System to be
installed in accordance therewith must comply with the following:
(i) The Rainwater Harvesting System must be consistent with the color
scheme of the residence constructed on the Owner's Lot, as reasonably
determined by the ACC.
(ii) The Rainwater Harvesting System does not include any language or other
content that is not typically displayed on such a device.
(iii) The Rainwater Harvesting System is in no event located between the
front of the residence constructed on the Owner's Lot and any adjoining
or adjacent street.
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DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
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(iv) There is sufficient area on the Owner's Lot to install the Rainwater
Harvesting System, as reasonably determined by the ACC.
See Section 3.13.4 for additional guidance.
3.13.4 Guidelines. If the Rainwater Harvesting System will be installed on
or within the side yard of a Lot, or would otherwise be visible from a street, the Common Area,
or another Owner's Lot, the ACC may regulate the size, type, shielding of, and materials used
in the construction of the Rainwater Harvesting System. Accordingly, when submitting a Rain
System Application, the application should describe methods proposed by the Owner to shield
the Rainwater Harvesting System from the view of any street, Common Area, or another
Owner's Lot. When reviewing a Rain System Application for a Rainwater Harvesting System
that will be installed on or within the side yard of a Lot, or would otherwise be visible from a
street, the Common Area, or another Owner's Lot, any additional requirements imposed by the
ACC to regulate the size, type, shielding of, and materials used in the construction of the
Rainwater Harvesting System, may not rp ohibit the economic installation of the Rainwater
Harvesting System, as reasonably determined by the ACC.
3.14 Xeriscaping. As part of the installation and maintenance of landscaping on an
Owner's Lot, an Owner may submit plans for and install drought tolerant landscaping
("Xeriscaping") upon written approval by the ACC. All Owners implementing Xeriscaping
shall comply with the following:
3.14.1 Application. Approval by the ACC is required prior to installing
Xeriscaping. To obtain the approval of the ACC for Xeriscaping, the Owner shall provide the
ACC with the following information: (i) the proposed site location of the Xeriscaping on the
Owner's Lot; (ii) a description of the Xeriscaping, including the types of plants, border
materials, hardscape materials and photograph or other accurate depiction and (iii) the
percentage of yard to be covered with gravel, rocks and cacti (the "Xeriscaping Application").
A Xeriscaping Application may only be submitted by an Owner unless the Owner's tenant
provides written confirmation at the time of submission that the Owner consents to the
Xeriscaping Application. The ACC is not responsible for: (i) errors or omissions in the
Xeriscaping Application submitted to the ACC for approval; (ii) supervising installation or
construction to confirm compliance with an approved Xeriscaping Application or (iii) the
compliance of an approved application with Applicable Law.
3.14.2 Approval Conditions. Unless otherwise approved in advance and in
writing by the ACC, each Xeriscaping Application and all Xeriscaping to be installed in
accordance therewith must comply with the following:
(i) The Xeriscaping must be aesthetically compatible with other landscaping
in the community as reasonably determined by the ACC. For purposes of
this Section 3.14, "aesthetically compatible" shall mean overall and long-
term aesthetic compatibility within the community. For example, an
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
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Owner's Lot plan may be denied if the ACC determines that: a) the
proposed Xeriscaping would not be harmonious with already established
turf and landscaping in the overall community; and/or b) the use of
specific turf or plant materials would result in damage to or cause
deterioration of the turf or landscaping of an adjacent property owner,
resulting in a reduction of aesthetic appeal of the adjacent property
Owner's Lot.
(ii) No Owners shall install gravel, rocks or cacti that in the aggregate
encompass over ten percent (10%) of such Owner's front yard or ten
percent (10%) of such Owner's back yard.
(iii) The Xeriscaping must not attract diseases and insects that are harmful to
the existing landscaping on neighboring Lots, as reasonably determined
by the ACC.
3.14.3 Process. The decision of the ACC will be made within a reasonable
time, or within the time period otherwise required by the principal deed restrictions which
govern the review and approval of improvements. A Xeriscaping Application submitted to
install Xeriscaping on property owned by the Association or property owned in common by
members of the Association will not be approved. Any proposal to install Xeriscaping on
property owned by the Association or property owned in common by members of the
Association must be approved in advance and in writing by the Board, and the Board need not
adhere to the requirements set forth in this Section 3.14 when considering any such request.
3.14.4 Approval. Each Owner is advised that if the Xeriscaping Application
is approved by the ACC, installation of the Xeriscaping must: (i) strictly comply with the
Xeriscaping Application; (ii) commence within thirty (30) days of approval; and (iii) be
diligently prosecuted to completion. If the Owner fails to cause the Xeriscaping to be installed
in accordance with the approved Xeriscaping Application, the ACC may require the Owner to:
(i) modify the Xeriscaping Application to accurately reflect the Xeriscaping installed on the
Property; or (ii) remove the Xeriscaping and reinstall the Xeriscaping in accordance with the
approved Xeriscaping Application. Failure to install Xeriscaping in accordance with the
approved Xeriscaping Application or an Owner's failure to comply with the post-approval
requirements constitutes a violation of this Declaration and may subject the Owner to fines and
penalties. Any requirement imposed by the ACC to resubmit a Xeriscaping Application or
remove and relocate Xeriscaping in accordance with the approved Xeriscaping Application
shall be at the Owner's sole cost and expense
3.15 Permitted Grasses and Plants. Notwithstanding anything contained herein to
the contrary, the native grasses and plans permitted to be placed within the Property are set
forth in the Design Guidelines.
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DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
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ARTICLE 4
THE KNOLLS AT SOLANA RESIDENTIAL COMMUNITY,INC.
4.1 Organization. The Association will be a nonprofit corporation created for the
purposes, charged with the duties, and vested with the powers of a Texas non-profit
corporation. Neither the Certificate nor Bylaws will for any reason be amended or otherwise
changed or interpreted so as to be inconsistent with this Declaration.
4.2 Membershiy.
4.2.1 Mandatory Membership. Any person or entity, upon becoming an
Owner, will automatically become a Member of the Association. Membership will be
appurtenant to and will run with the ownership of the Lot that qualifies the Owner thereof for
membership, and membership may not be severed from the ownership of the Lot, or in any
way transferred, pledged, mortgaged or alienated, except together with the title to such Lot.
If you acquire a Lot you automatically become a member of the Association.
Membership is Mandatory!
4.2.2 Easement of Enjoyment— Common Area. Every Member will have a
right and easement of enjoyment in and to all of the Common Area and an access easement by
and through any Common Area, which easements will be appurtenant to and will pass with the
title to such Member's Lot, subject to the following restrictions and reservations:
(i) The right of the Declarant, or the Declarant's designee, to cause such
Improvements and features to be constructed upon the Common Area, as
determined from time to time by the Declarant, in the Declarant's sole
and absolute discretion;
(ii) The right of the Association to suspend the Member's right to use the
Common Area for any period during which any Assessment against such
Member's Lot remains past due and for any period during which such
member is in violation of any provision of this Declaration;
(iii) The right of the Declarant, during the Development Period, and the
Board thereafter, to dedicate or transfer all or any part of the Common
Area to any public agency, authority or utility for any purpose;
(iv) With the advance written approval of the Declarant during the
Development Period, the right of the Board to grant easements or licenses
over and across the Common Area;
(v) With the advance written approval of the Declarant during the
Development Period, the right of the Board to borrow money for the
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-499400 59948-2
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purpose of improving the Common Area and, in furtherance thereof,
mortgage the Common Area;
(vi) The right of the Declarant, during the Development Period, and the
Board, with the advance written approval of the Declarant during the
Development Period, to promulgate Rules and Regulations regarding the
use of the Common Area and any Improvements thereon; and
(vii) The right of the Association to contract for services with any third parties
on such terms as the Board may determine, except that during the
Development Period, all such contracts must be approved in advance and
in writing by the Declarant.
4.3 Governance. As more specifically described in the Bylaws, the Board will
consist of at least three (3) persons elected at the annual meeting of the Association, or at a
special meeting called for such purpose. Notwithstanding the foregoing provision or any
provision in this Declaration to the contrary, Declarant will have the sole right to appoint
and remove all members of the Board until the 10th anniversary of the date this Declaration is
Recorded. Not later than the 10th anniversary of the date this Declaration is Recorded, or
sooner as determined by Declarant, the Board shall hold a meeting of Members of the
Association for the purpose of electing one-third of the Board (the "Initial Member Election
Meeting"), which Board member(s) must be elected by Owners other than the Declarant.
Declarant shall continue to have the sole right to appoint and remove two-thirds of the Board
from and after the Initial Member Election Meeting until expiration or termination of the
Development Period.
4.4 Voting Rights. The right to cast votes and the number of votes which may be
cast for election of members to the Board (except as provided by Section 4.3) and on all other
matters to be voted on by the Members will be calculated as set forth below.
4.4.1 Owner Votes. The Owner of each Lot will have one (1) vote for each
Lot so owned.
4.4.2 Declarant Votes. In addition to the votes to which Declarant is
entitled by reason of Section 4.4.1, for every one (1) vote outstanding in favor of any other
person or entity,Declarant will have four (4) additional votes until the expiration or termination
of the Development Period.
4.4.3 Co-Owner Votes. When more than one person or entity owns a
portion of the fee simple interest in any Lot, all such persons or entities will be Members. The
vote or votes (or fraction thereof) for such Lot will be exercised by the person so designated in
writing to the Secretary of the Association by the Owner of such Lot, and in no event will the
vote for such Lot exceed the total votes to which such Lot is otherwise entitled under this
Section 4.4.
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4.5 Powers. The Association will have the powers of a Texas nonprofit corporation.
It will further have the power to do and perform any and all acts that may be necessary or
proper,for or incidental to, the exercise of any of the express powers granted to it by Applicable
Law or this Declaration. Without in any way limiting the generality of the two preceding
sentences, the Board, acting on behalf of the Association, will have the following powers at all
times:
4.5.1 Rules and Regulations, Bylaws and Community Manual. To make,
establish and promulgate, and in its discretion to amend from time to time, or repeal and
re-enact, such rules, regulations, policies, Bylaws and Community Manual, as applicable, which
are not in conflict with this Declaration, as it deems proper, covering any and all aspects of the
Property, the Common Area (including the operation, maintenance and preservation thereof) or
the Association. Any Rules and Regulations, policies, the Bylaws and the Community Manual
and any modifications thereto proposed by the Board must be approved in advance and in
writing by the Declarant until expiration or termination of the Development Period.
4.5.2 Insurance. To obtain and maintain in effect, policies of insurance that,
in the opinion of the Board, are reasonably necessary or appropriate to carry out the
Association's functions.
4.5.3 Records. To keep books and records of the Association's affairs, and
to make such books and records, together with current copies of the Restrictions available for
inspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon
request during normal business hours.
4.5.4 Assessments. To levy and collect assessments, as provided in Article 6
below.
4.5.5 Right of Entry and Enforcement. To enter at any time without notice
in an emergency (or in the case of a non-emergency, after twenty-four(24)hours written notice),
without being liable to any Owner or Resident, upon any Lot and into any Improvement
thereon for the purpose of enforcing the Restrictions or for the purpose of maintaining or
repairing any area, Improvement or other facility to conform to the Restrictions. The expense
incurred by the Association in connection with the entry upon any Lot and the maintenance and
repair work conducted thereon or therein will be a personal obligation of the Owner of the Lot
so entered, will be deemed an Individual Assessment against such Lot, will be secured by a lien
upon such Lot, and will be enforced in the same manner and to the same extent as provided in
Article 6 hereof for Assessments. The Association will have the power and authority from time
to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner
who consents thereto, to commence and maintain actions and suits to enforce, by mandatory
injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the
Restrictions. The Association is also authorized to settle claims, enforce liens and take all such
action as it may deem necessary or expedient to enforce the Restrictions; provided, however,
that the Board will never be authorized to expend any Association funds for the purpose of
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bringing suit against Declarant, or its successors or assigns. The Association may not alter or
demolish any Improvements on any Lot other than Common Area in enforcing these
Restrictions before a judicial order authorizing such action has been obtained by the
Association, or before the written consent of the Owner(s) of the affected Lot(s) has been
obtained. EACH SUCH OWNER AND RESIDENT WILL INDEMNIFY AND HOLD
HARMLESS THE ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE
OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF THE ASSOCIATION'S
ACTS OR ACTIVITIES UNDER THIS SECTION 4.5.5 (INCLUDING ANY COST, EXPENSE,
LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF THE ASSOCIATION'S
NEGLIGENCE IN CONNECTION THEREWITH), EXCEPT FOR SUCH COST, LOSS,
DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING BY REASON
OF THE ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. "GROSS
NEGLIGENCE" DOES NOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY
NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.
4.5.6 Legal and Accounting Services. To retain and pay for legal and
accounting services necessary or proper in the operation of the Association.
4.5.7 Conveyances. To grant and convey to any person or entity the real
property and/or other interest, including fee title, leasehold estates, easements, rights-of-way or
mortgages, out of, in, on, over, or under any Common Area for the purpose of constructing,
erecting, operating or maintaining the following:
(i) Parks,parkways or other recreational facilities or structures;
(ii) Roads, streets, sidewalks, signs, street lights, walks, driveways, trails and
paths;
(iii) Lines, cables, wires, conduits, pipelines or other devices for utility
purposes;
(iv) Sewers, water systems, storm water drainage systems, sprinkler systems
and pipelines; and/or
(v) Any similar Improvements or facilities.
Nothing set forth above, however, will be construed to permit use or occupancy of any
Improvement or other facility in a way that would violate applicable use and occupancy
restrictions imposed by the Restrictions or by Applicable Law. In addition, until expiration or
termination of the Development Period, any grant or conveyance under this Section 4.5.7 must
be approved in advance and in writing by the Declarant. In addition, the Association is (with
the advance written approval of the Declarant during the Development Period) and the
Declarant are expressly authorized and permitted to convey easements over and across
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Common Area for the benefit of property not otherwise subject to the terms and provisions of
this Declaration.
4.5.8 Manager. To retain and pay for the services of a person or firm (the
"Manager"), which may include Declarant or any affiliate of Declarant, to manage and operate
the Association, including its property, to the extent deemed advisable by the Board. Personnel
may be employed directly by the Association or may be furnished by the Manager. To the
extent permitted by Applicable Law, the Board may delegate any other duties, powers and
functions to the Manager. In addition, the Board may adopt transfer fees, resale certificate fees
or any other fees associated with the provision of management services to the Association or its
Members. THE MEMBERS HEREBY RELEASE THE ASSOCIATION AND THE MEMBERS
OF THE BOARD AND COMMITTEE MEMBERS FROM LIABILITY FOR ANY OMISSION
OR IMPROPER EXERCISE BY THE MANAGER OF ANY SUCH DUTY, POWER OR
FUNCTION SO DELEGATED.
4.5.9 Property Services. To pay for water, sewer, garbage removal, street
lights, landscaping, gardening and all other utilities, services, repair and maintenance for any
portion of the Property, Common Area, private or public recreational facilities, easements,
roads, roadways, rights-of-ways, signs, parks, parkways, median strips, sidewalks, paths, trails,
ponds, and lakes.
4.5.10 Other Services and Properties. To obtain and pay for any other
property and services, and to pay any other taxes or assessments that the Association or the
Board is required or permitted to secure or to pay for pursuant to Applicable Law or under the
terms of the Restrictions or as determined by the Board.
4.5.11 Construction on Common Area. To construct new Improvements or
additions to any property owned, leased, or licensed by the Association, subject to the approval
of the Board and the Declarant until expiration or termination of the Development Period.
4.5.12 Contracts. To enter into Bulk Rate Contracts or other contracts or
licenses with Declarant or any third party on such terms and provisions as the Board will
determine, to operate and maintain any Common Area or other property, or to provide any
service, including but not limited to cable, utility, or telecommunication services, or perform
any function on behalf of Declarant, the Board, the Association, or the Members. During the
Development Period, all Bulk Rate Contracts must be approved in advance and in writing by
the Declarant.
4.5.13 Property Ownership. To acquire, own and dispose of all manner of
real and personal property, including habitat, whether by grant, lease, easement, gift or
otherwise. During the Development Period, all acquisitions and dispositions of the Association
hereunder must be approved in advance and in writing by the Declarant.
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4.5.14 Allocation of Votes. To determine votes when permitted pursuant to
Section 4.4 above.
4.5.15 Authority with Respect to the Restrictions. To do any act, thing or
deed that is necessary or desirable, in the judgment of the Board, to implement, administer or
enforce any of the Restrictions. Any decision by the Board to delay or defer the exercise of the
power and authority granted by this Section 4.5.15 will not subsequently in any way limit,
impair or affect ability of the Board to exercise such power and authority.
4.5.16 Membership Privileges. To establish Rules and Regulations
governing and limiting the use of the Common Area and any Improvements thereon.
4.6 Conveyance of Common Area to the Association. The Association may acquire,
hold, and dispose of any interest in tangible and intangible personal property and real property.
Declarant, and its assignees, reserves the right, from time to time and at any time, to designate,
convey, assign or transfer by written and Recorded instrument property being held by the
Declarant for the benefit of the Association. Upon the Recording of a designation, the portion of
the property identified therein will be considered Common Area for the purpose of this
Declaration and the Association shall have an easement over and across the Common Area
necessary or required to discharge the Association's obligations under this Declaration, subject
to any terms and limitations to such easement set forth in the designation. Declarant and its
assignees may also assign, transfer or convey to the Association interests in real or personal
property within or for the benefit of the Property, for the Property and the general public, or
otherwise, as determined in the sole and absolute discretion of the Declarant. All or any real or
personal property assigned, transferred and/or conveyed by the Declarant to the Association
shall be deemed accepted by the Association upon Recordation, and without further action by
the Association, and shall be considered Common Area without regard to whether such real or
personal property is designated by the Declarant as Common Area. If requested by the
Declarant, the Association will execute a written instrument, in a form requested by the
Declarant, evidencing acceptance of such real or personal property; provided, however,
execution of a written consent by the Association shall in no event be a precondition to
acceptance by the Association. The assignment, transfer, and/or conveyance of real or personal
property to the Association may be by deed without warranty, may reserve easements in favor
of the Declarant or a third party designated by Declarant over and across such property, and
may include such other provisions, including restrictions on use, determined by the Declarant,
in the Declarant's sole and absolute discretion. Property assigned, transferred, and/or
conveyed to the Association may be improved or unimproved and may consist of fee simple
title, easements, leases, licenses, or other real or personal property interests. Upon Declarant's
written request, the Association will re-convey to Declarant any unimproved real property that
Declarant originally conveyed to the Association for no payment.
4.7 Indemnification. To the fullest extent permitted by Applicable Law but without
duplication (and subject to) any rights or benefits arising under the Certificate or Bylaws of the
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Association, the Association will indemnify any person who was, or is, a party, or is threatened
to be made a party to any threatened pending or completed action, suit or proceeding, whether
civil, criminal, administrative or investigative by reason of the fact that he is, or was, a director,
officer, committee member, employee, servant or agent of the Association against expenses,
including attorneys' fees, reasonably incurred by him in connection with such action, suit or
proceeding if it is found and determined by the Board or a court of competent jurisdiction that
he or she: (i) acted in good faith and in a manner he or she reasonably believed to be in, or not
opposed to, the best interests of the Association; or (ii) with respect to any criminal action or
proceeding, had no reasonable cause to believe his or her conduct was unlawful. The
termination of any action, suit or proceeding by settlement, or upon a plea of nolo contendere or
its equivalent, will not of itself create a presumption that the person did not act in good faith or
in a manner which was reasonably believed to be in, or not opposed to, the best interests of the
Association or, with respect to any criminal action or proceeding, had reasonable cause to
believe that his or her conduct was unlawful.
4.8 Insurance. The Board may purchase and cause to be maintained, at the expense
of the Association, insurance on behalf of any person who is acting as a director, officer,
committee member, employee, servant or agent of the Association against any liability asserted
against or incurred by such person in any such capacity, or arising out of such person's status as
such, whether or not the Association would have the power to indemnify such person against
such liability or otherwise.
4.9 Bulk Rate Contracts. Without limitation on the generality of the Association
powers set out in Section 4.5 hereinabove (except that during the Development Period, all Bulk
Rate Contracts must be approved in advance and in writing by the Declarant), the Association
will have the power to enter into Bulk Rate Contracts at any time and from time to time. The
Association may enter into Bulk Rate Contracts with any service providers chosen by the Board
(including Declarant, and/or any entities in which Declarant, or the owners or partners of
Declarant are owners or participants, directly or indirectly). The Bulk Rate Contracts may be
entered into on such terms and provisions as the Board may determine in its sole and absolute
discretion. The Association may, at its option and election, add the charges payable by such
Owner under such Bulk Rate Contract to the Assessments against such Owner's Lot. In this
regard, it is agreed and understood that, if any Owner fails to pay any charges due by such
Owner under the terms of any Bulk Rate Contract, then the Association will be entitled to
collect such charges by exercising the same rights and remedies it would be entitled to exercise
under this Declaration with respect to the failure by such Owner to pay Assessments, including
without limitation the right to foreclose the lien against such Owner's Lot which is reserved
under the terms and provisions of this Declaration. In addition, in the event of nonpayment by
any Owner of any charges due under any Bulk Rate Contract and after the lapse of at least
twelve (12) days since such charges were due, the Association may, upon five (5) days' prior
written notice to such Owner (which may run concurrently with such 12 day period), in
addition to all other rights and remedies available pursuant to Applicable Law, terminate, in
such manner as the Board deems appropriate, any utility service or other service provided at
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the cost of the Association and not paid for by such Owner (or the Resident of such Owner's
Lot) directly to the applicable service or utility provider. Such notice will consist of a separate
mailing or hand delivery at least five (5) days prior to a stated date of termination, with the title
"termination notice" or similar language prominently displayed on the notice. The notice will
include the office or street address where the Owner (or the Resident of such Owner's Lot) can
make arrangements for payment of the bill and for re-connection or re-institution of service. No
utility or cable television service will be disconnected on a day, or immediately preceding a day,
when personnel are not available for the purpose of collection and reconnecting such services.
4.10 Community Systems. The Association is specifically authorized to provide, or
to enter into contracts to provide Community Systems. Any such contracts may provide for
installation, operation, management, maintenance, and upgrades or modifications to the
Community Systems as the Board determines appropriate. Each Owner acknowledges that
interruptions in Community Systems and services will occur from time to time. Declarant and
the Association, or any of their respective successors or assigns shall not be liable for, and no
Community System or service user shall be entitled to refund, rebate, discount, or offset in
applicable fees for, any interruption in Community Systems and services, regardless of whether
or not such interruption is caused by reasons within the service provider's control.
4.11 Declarant's Right to Contribute to Revenues of the Association. Declarant
shall have the right, but not the obligation, in its sole discretion and from time to time, to
contribute to the revenues of the Association. At the option of Declarant, such contribution may
be reflected on the books and records of the Association as a loan, in which event it shall be
repaid by the Association to Declarant, at the discretion of Declarant. If treated as a loan, the
contribution shall accrue interest, compounded monthly, from the date it is made until the date
of its repayment, at the short term Applicable Federal Rate ("AFR"), as published by the
Internal Revenue Service, and adjusted each month to reflect the AFR for such month.
4.12 Protection of Declarant's Interests. Despite any assumption of control of the
Board by Owners other than Declarant, until the expiration or termination of the Development
Period, the Board is prohibited from taking any action which would discriminate against
Declarant, or which would be detrimental to the sale of Lots owned by Declarant. Declarant
shall be entitled to determine, in its sole and absolute discretion, whether any such action
discriminates or is detrimental to Declarant. The Board will be required to continue the same
level and quality of maintenance, operations and services as that provided immediately prior to
assumption of control of the Board by Owners other than Declarant until the expiration or
termination of the Development Period.
4.13 Administration of Common Area. The administration of the Common Area by
the Association shall be in accordance with the provisions of Applicable Law and the
Restrictions, and of any other agreements, documents, amendments or supplements to the
foregoing which may be duly adopted or subsequently required by any institutional or
governmental lender, purchaser, insurer or guarantor of mortgage loans (including, for
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example, the Federal Home Loan Mortgage Corporation) designated by Declarant or by any
governmental or quasi-governmental agency having regulatory jurisdiction over the Common
Area or by any title insurance company selected by Declarant to insure title to any portion of
the Common Area.
4.14 Private Streets. The Association shall be obligated to maintain the Private Streets
in a good and functioning condition and in compliance with Applicable Law. The Private
Streets shall provide perpetual access to all Lots for police and other emergency vehicles, public
and private utility maintenance and service personnel, solid waste collection services, the U.S.
Postal Service, and government employees in pursuit of their official duties. Access to the
Private Streets for the persons and entities referenced in the preceding sentence shall be
reasonably provided by the Association.
4.15 Notices and Disclaimers as to Security Systems. NEITHER THE DECLARANT,
A HOMEBUILDER, NOR THE ASSOCIATION, OR THEIR SUCCESSORS OR ASSIGNS
GUARANTEE OR WARRANT, EXPRESSLY OR IMPLIEDLY, THE MERCHANTABILITY OR
FITNESS FOR USE OF ANY SUCH SECURITY SYSTEM OR SERVICES, OR THAT ANY
SYSTEM OR SERVICES WILL PREVENT INTRUSIONS NOTIFY AUTHORITIES OF FIRES OR
OTHER OCCURRENCES, OR THE CONSEQUENCES OF SUCH OCCURRENCES,
REGARDLESS OF WHETHER OR NOT THE SYSTEM OR SERVICES ARE DESIGNED TO
MONITOR SAME; AND EVERY OWNER OR OCCUPANT OF PROPERTY RECEIVING
SECURITY SERVICES THROUGH THE COMMUNITY SYSTEMS ACKNOWLEDGES THAT
NEITHER THE DECLARANT, A HOMEBUILDER, NOR THE ASSOCIATION, OR ANY OR
THEIR SUCCESSORS OR ASSIGNS ARE INSURERS OF THE OWNER OR OCCUPANT'S
PROPERTY OR OF THE PROPERTY OF OTHERS LOCATED ON THE LOT AND WILL NOT
BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES OR DEATHS RESULTING FROM
SUCH OCCURRENCES. It is extremely difficult and impractical to determine the actual
damages, if any, which may proximately result from a failure on the party of a security service
provider to perform any of its obligations with respect to security services and, therefore, every
Owner or occupant of property receiving security services through the Community Systems
agrees that neither the Declarant, a Homebuilder, nor the Association, or their successors or
assigns assumes liability for loss or damage to property or for personal injury or death to
persons due to any reason, including, without limitation, failure in transmission of an alarm,
interruption of security service or failure to respond to an alarm because of: (a) any failure of
the Owner's security system; (b) any defective or damaged equipment, device, line or circuit; (c)
negligence, active or otherwise, of the security service provider or its officers, agents or
employees; or (d) fire, flood, riot, war, act of God or other similar causes which are beyond the
control of the security service provider. Every Owner and Resident obtaining security services
through the Community Systems further agrees for himself, his grantees, tenants, guests,
invitees, licensees and family members that if any loss or damage should result from a failure of
performance or operation, or from defective performance or operation, or from improper
installation, monitoring or servicing of the system, or from negligence, active or otherwise, of
the security service provider or its officers, agents, or employees, the liability, if any, of the
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Declarant, a Homebuilder, the Association, or their successors or assigns for loss, damage,
injury or death shall be limited to a sum not exceeding Two Hundred Fifty U.S. Dollars
($250.00), which limitation apply irrespective of the cause or origin of the loss or damage and
notwithstanding that the loss or damage results directly or indirectly from negligent
performance, active or otherwise, or non-performance by an officer, agent or employee of
Declarant, a Homebuilder, or the Association, or their successors or assigns. Further, in no
event will Declarant, a Homebuilder, the Association, or their successors or assigns be liable for
consequential damages,wrongful death, personal injury or commercial loss.
4.16 Merge . Merger or consolidation of the Association with another association
must be evidenced by an amendment to this Declaration. The amendment must be approved
by at least two-thirds of the votes of Members present in person or by proxy at the meeting at
which the action to merge or consolidate with another association is submitted for a vote. On
merger or consolidation of the Association with another association, the property, rights, and
obligations of another association may, by operation of law, be added to the properties, rights,
and obligations of the Association as a surviving corporation pursuant to the merger. The
surviving or consolidated association may administer the provisions of the Restrictions within
the Property, together with the covenants and restrictions established on any other property
under its jurisdiction. No merger or consolidation, however, will effect a revocation, change, or
addition to the covenants established by this Declaration within the Property.
4.17 Right of Action by Association. The Association shall not have the power to
institute, defend, intervene in, settle or compromise litigation or administrative proceedings:
(i) in the name of or on behalf of any Lot Owner (whether one or more); or (ii) pertaining to a
Claim, as defined in Section 12.1 below, relating to the design or construction of Improvements
on a Lot. This Section 4.17 may not be amended or modified without Declarant's written and
acknowledged consent and Members entitled to cast at least one hundred percent (100%) of the
total number of votes of the Association, which must be part of the Recorded amendment
instrument.
ARTICLE 5
INSURANCE
5.1 Insurance. Each Owner will be required to purchase and maintain commercially
standard insurance on the Improvements located upon such Owner's Lot. The Association will
not be required to maintain insurance on the Improvements constructed upon any Lot. The
Association may, however, obtain such insurance as it may deem necessary, including but not
limited to such policies of liability and property damage insurance as the Board, in its
discretion, may deem necessary. Insurance premiums for such policies will be a common
expense to be included in the Assessments levied by the Association. The acquisition of
insurance by the Association will be without prejudice to the right and obligation of any Owner
to obtain additional individual insurance. During the Development Period, Declarant reserves
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the right to satisfy the insurance obligations of the Association with a master insurance program
controlled by Declarant.
ARE YOU COVERED?
The Association will not provide insurance which covers an Owner's Lot or
any Improvements or personal property located on a Lot.
5.2 Restoration. In the event of any fire or other casualty, unless otherwise
approved by the ACC, the Owner (i) promptly repair, restore and replace any damaged or
destroyed structures to their same exterior condition existing prior to the damage or destruction
thereof, or (ii) in the case of substantial or total damage or destruction of any Improvement,
remove all such damaged Improvements and debris from the Property within thirty (30) days
after the occurrence of such damage. Such repair, restoration or replacement will be
commenced and completed in a good and workmanlike manner and diligently pursed to
completion using exterior materials identical to those originally used in the structures damaged
or destroyed. To the extent that the Owner fails to commence such repair, restoration or
replacement of substantial or total damage or destruction within one hundred and twenty (120)
days after the occurrence of such damage or destruction, and thereafter prosecute same to
completion, or if the Owner does not clean up any debris resulting from any damage within
thirty (30) days after the occurrence of such damage, the Association may commence, complete
or effect such repair, restoration, replacement or clean-up, and such Owner will be personally
liable to the Association for the cost of such work; provided, however, that if the Owner is
prohibited or delayed by Applicable Law from commencing such repair, restoration,
replacement or clean-up, the rights of the Association under this provision will not arise until
the expiration of thirty (30) days after such prohibition or delay is removed. If the Owner fails
to pay such cost upon demand by the Association, the cost thereof (plus interest from the date
of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate,
than at the rate of one and one-half percent (11/2%) per month) will be added to the Assessment
chargeable to the Owner's Lot. Any such amounts added to the Assessments chargeable
against a Lot will be secured by the liens reserved in this Declaration for Assessments and may
be collected by any means provided in this Declaration for the collection of Assessments,
including, but not limited to, foreclosure of such liens against the Owner's Lot. EACH SUCH
OWNER WILL INDEMNIFY AND HOLD HARMLESS THE ASSOCIATION AND ITS
OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES AND AGENTS FROM
ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION
INCURRED OR THAT MAY ARISE BY REASON OF THE ASSOCIATION'S ACTS OR
ACTIVITIES UNDER THIS SECTION 5.2, EXCEPT FOR SUCH COST, LOSS, DAMAGE,
EXPENSE, LIABILITY, CLAIM OR COST OF ACTION ARISING BY REASON OF THE
ASSOCIATION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. "GROSS
NEGLIGENCE" AS USED HEREIN DOES NOT INCLUDE SIMPLE NEGLIGENCE,
CONTRIBUTORY NEGLIGENCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL
GROSS NEGLIGENCE.
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5.3 Mechanic's and Materialmen's Lien. Each Owner whose structure is repaired,
restored, replaced or cleaned up by the Association pursuant to the rights granted under this
Article 5,hereby grants to the Association an express mechanic's and materialmen's lien for the
reasonable cost of such repair, restoration, or replacement of the damaged or destroyed
Improvement to the extent that the cost of such repair, restoration or replacement exceeds any
insurance proceeds allocable to such repair, restoration or replacement and delivered to the
Association. Upon request by the Board, and before the commencement of any reconstruction,
repair, restoration or replacement, such Owner will execute all documents sufficient to
effectuate such mechanic's and materialmen's lien in favor of the Association.
ARTICLE 6
COVENANT FOR ASSESSMENTS
6.1 Assessments.
6.1.1 Established by Board. Assessments established by the Board
pursuant to the provisions of this Article 6 will be levied against each Lot in amounts
determined pursuant to Section 6.7 below. The total amount of Assessments will be determined
by the Board pursuant to Sections 6.3, 6.4, 6.5 and/or 6.6.
6.1.2 Personal Obligation; Lien. Each Assessment, together with such
interest thereon and costs of collection as hereinafter provided, will be the personal obligation
of the Owner of the Lot against which the Assessment is levied and will be secured by a lien
hereby granted and conveyed by Declarant to the Association against each such Lot and all
Improvements thereon (such lien, with respect to any Lot not in existence on the date hereof,
will be deemed granted and conveyed at the time that such Lot is created). The Association
may enforce payment of such Assessments in accordance with the provisions of this Article.
6.1.3 Declarant Subsidy. Declarant may, but is not obligated to, reduce
Assessments which would otherwise be levied against Lots for any fiscal year by the payment
of a subsidy to the Association. Any subsidy paid to the Association by Declarant may be
treated as a contribution or a loan,in Declarant's sole and absolute discretion. The payment of a
subsidy in any given year will not obligate Declarant to continue payment of a subsidy to the
Association in future years.
6.2 Maintenance Fund. The Board will establish a maintenance fund into which will
be deposited all monies paid to the Association and from which disbursements will be made in
performing the functions of the Association under this Declaration. The funds of the
Association may be used for any purpose authorized by the Restrictions and the Applicable
Law.
6.3 Regular Annual Assessments. Prior to the beginning of each fiscal year, the
Board will estimate the expenses to be incurred by the Association during such year in
performing its functions and exercising its powers under the Restrictions, including, but not
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limited to, the cost of all management, repair and maintenance, the cost of providing street and
other lighting, the cost of administering and enforcing the Restrictions, and will estimate the
amount needed to maintain a reasonable provision for contingencies and an appropriate
replacement reserve, and will give due consideration to any expected income and any surplus
from the prior year's fund. Assessments sufficient to pay such estimated net expenses will then
be levied at the level of Assessments set by the Board in its sole and absolute discretion, and the
Board's determination will be final and binding so long as it is made in good faith. If the sums
collected prove inadequate for any reason, including nonpayment of any Assessment, the
Association may at any time, and from time to time, levy further Assessments in the same
manner. All such regular annual Assessments will be due and payable to the Association
annually on or before the first day of the month at the beginning of the fiscal year, or in such
other manner as the Board may designate in its sole and absolute discretion.
6.4 Working Capital Assessment. Each Owner (other than Declarant) of a Lot will
pay a one-time working capital assessment (the "Working Capital Assessment") to the
Association in such amount as may be determined by the Declarant or the Board, until
expiration or termination of the Development Period, and the Board thereafter. The Working
Capital Assessment hereunder will be due and payable to the Association upon the transfer of a
Lot (including both transfers from Declarant to the initial Owner, and transfers from one Owner
of a Lot to a subsequent Owner of a Lot). Each Working Capital Assessment will be collected
from the transferee of a Lot upon the conveyance of the Lot from one Owner (including
Declarant) to another (expressly including any reconveyance of the Lot upon resale or transfer
thereof). Such Working Capital Assessment need not be uniform among all Lots, and the Board
is expressly authorized to levy Working Capital Assessments of varying amounts depending on
the size, use and general character of the Lots then being made subject to such levy. The
Association may use the working capital to discharge operating expenses. The levy of any
Working Capital Assessment will be effective only upon the Recordation of a written notice,
signed by the Declarant or a duly authorized officer of the Association, setting forth the amount
of the Working Capital Assessment and the Lots to which it applies.
Notwithstanding the foregoing provision, the following transfers will not be subject to
the Working Capital Assessment: (i) foreclosure of a deed of trust lien, tax lien, or the
Association's assessment lien; (ii) transfer to, from, or by the Association; (iii) voluntary transfer
by an Owner to one or more co-owners, or to the Owner's spouse, child, or parent.
Additionally, an Owner who (i) is a Homebuilder; or (ii) acquires a Lot for the purpose of resale
to a Homebuilder (a "Development Owner") will not be subject to the Working Capital
Assessment; however, the Working Capital Assessment will be payable by any Owner who
acquires a Lot from a Homebuilder or Development Owner for residential living purposes or by
any Owner who: (i) acquires a Lot and is not in the business of constructing single-family
residences for resale to a third party; or (ii) who acquires the Lot for any purpose other than
constructing a single-family residence thereon for resale to a third party. In the event of any
dispute regarding the application of the Working Capital Assessment to a particular Owner, the
Declarant's during the Development Period, and thereafter the Board's, determination
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regarding the application of the exemption will be binding and conclusive without regard to
any contrary interpretation of this Section 6.4. The Working Capital Assessment will be in
addition to, not in lieu of, any other Assessments levied in accordance with this Article 6 and
will not be considered an advance payment of such Assessments. The Declarant during the
Development Period, and thereafter the Board, will have the power to waive the payment of
any Working Capital Assessment attributable to a Lot (or all Lots) by the Recordation of a
waiver notice, which waiver may be temporary or permanent.
6.5 Special Assessments. In addition to the regular annual Assessments provided
for above, the Board may levy special Assessments whenever in the Board's opinion such
special Assessments are necessary to enable the Board to carry out the functions of the
Association under the Restrictions. The amount of any special Assessments will be at the
reasonable discretion of the Board. In addition to the special Assessments authorized above,the
Association may, in any fiscal year, levy a special Assessment applicable to that fiscal year only
for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Area.
6.6 Individual Assessments. In addition to any other Assessments, the Board may
levy an Individual Assessment against an Owner and the Owner's Lot. Individual Assessments
may include, but are not limited to: interest, late charges, and collection costs on delinquent
Assessments; reimbursement for costs incurred in bringing an Owner or the Owner's Lot into
compliance with the Declaration; fines for violations of the Restrictions; transfer-related fees
and resale certificate fees;fees for estoppel letters and project documents;insurance deductibles;
reimbursement for damage or waste caused by willful or negligent acts of the Owner, the
Owner's guests, invitees or Residents of the Owner's Lot; common expenses that benefit fewer
than all of the Lots, which may be assessed according to benefit received; fees or charges levied
against the Association on a per-Lot basis; and "pass through" expenses for services to Lots
provided through the Association and which are equitably paid by each Lot according to the
benefit received.
6.7 Amount of Assessment.
6.7.1 Assessments to be Levied. The Board shall levy Assessments against
each "Assessment Unit" (as defined in Section 6.7.2 below). Unless otherwise provided in this
Declaration, Assessments levied pursuant to Section 6.3 and Section 6.6 shall be levied uniformly
against each Assessment Unit allocated to a Lot.
6.7.2 Assessment Unit. Each Lot shall constitute one "Assessment Unit"
unless otherwise provided in Section 6.7.3 and 6.7.4.
6.7.3 Assessment Exemption. Notwithstanding anything in this
Declaration to the contrary,no Assessments shall be levied upon Lots owned by Declarant.
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6.7.4 Other Exemptions. Declarant may, in its sole discretion, elect to: (i)
exempt any un-platted or unimproved portion of the Property or any Lot from any Assessments
levied or charged pursuant to this Article 6; or (ii) delay the levy of Assessments against any un-
platted, unimproved or improved portion of the Property. Declarant or the Board may also
exempt any portion of the Property which is dedicated and accepted by public authority from
Assessments.
6.8 Late Charges. If any Assessment is not paid by the due date applicable thereto,
the Owner responsible for the payment may be required by the Board, at the Board's election at
any time and from time to time, to pay a late charge in such amount as the Board may
designate, and the late charge (and any reasonable handling costs) will be levied as an
Individual Assessment against the Lot owned by such Owner, collectible in the manner as
provided for collection of Assessments, including foreclosure of the lien against such Lot;
provided, however, such charge will never exceed the maximum charge permitted under
Applicable Law.
6.9 Owner's Personal Obligation; Interest. Assessments levied as provided for
herein will be the personal and individual debt of the Owner of the Lot against which are levied
such Assessments. No Owner may exempt himself from liability for such Assessments. In the
event of default in the payment of any such Assessment, the Owner of the Lot will be obligated
to pay interest on the amount of the Assessment at the highest rate allowed by applicable usury
laws then in effect on the amount of the Assessment from the due date therefor (or if there is no
such highest rate, then at the rate of one and one half percent (1 1/2%)per month), together with
all late charges, if any, costs and expenses of collection, including reasonable attorney's fees.
Such amounts will be levied as an Individual Assessment against the Lot owned by such
Owner.
6.10 Assessment Lien and Foreclosure. The payment of all sums assessed in the
manner provided in this Article is, together with late charges as provided in Section 6.8 and
interest as provided in Section 6.9 hereof and all costs of collection, including attorney's fees as
herein provided, secured by the continuing Assessment lien granted to the Association
pursuant to Section 6.1.2 above, and will bind each Lot in the hands of the Owner thereof, and
such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien
will be superior to all other liens and charges against such Lot, except only for: (i) tax liens and
governmental assessment liens; (ii) all sums secured by a Recorded first mortgage lien or
Recorded first deed of trust lien of record, to the extent such lien secures sums borrowed for the
acquisition or improvement of the Lot in question; (iii) home equity loans or home equity lines
of credit which are secured by a Recorded second mortgage lien or Recorded second deed of
trust lien of record; or (iv) as otherwise provided by Applicable Law; provided that, in the case
of subparagraphs (ii), (iii) and (iv) above, such Mortgage was Recorded before the delinquent
Assessment was due. The Association will have the power to subordinate the aforesaid
Assessment lien to any other lien. Such power will be entirely discretionary with the Board,
and such subordination may be signed by an authorized officer, agent, or attorney of the
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Association. The Association may, at its option and without prejudice to the priority or
enforceability of the Assessment lien granted hereunder, prepare a written notice of Assessment
lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot
covered by such lien and a description of the Lot. Such notice may be signed by one of the
authorized officers, agents, or attorneys of the Association and will be Recorded. Each Owner,
by accepting a deed or ownership interest to a Lot subject to this Declaration, will be deemed
conclusively to have granted a power of sale to the Association to secure and enforce the
Assessment lien granted hereunder. The Assessment liens and rights to foreclosure thereof will
be in addition to and not in substitution of any other rights and remedies the Association may
have by law and under this Declaration, including the rights of the Association to institute suit
against such Owner personally obligated to pay the Assessment and/or for foreclosure of the
aforesaid lien. In any foreclosure proceeding, such Owner will be required to pay the costs,
expenses and reasonable attorney's fees incurred. The Association will have the power to bid
(in cash or by credit against the amount secured by the lien) on the property at foreclosure or
other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same.
Upon the written request of any Mortgagee, the Association will report to said Mortgagee any
unpaid Assessments remaining unpaid for longer than sixty (60) days after the same are due.
The lien hereunder will not be affected by the sale or transfer of any Lot; except, however, that
in the event of foreclosure of any lien superior to the Assessment lien, the lien for any
Assessments that were due and payable before the foreclosure sale will be extinguished,
provided that past-due Assessments will be paid out of the proceeds of such foreclosure sale
only to the extent that funds are available after the satisfaction of the indebtedness secured by
the Mortgage. The provisions of the preceding sentence will not, however, relieve any
subsequent Owner (including any Mortgagee or other purchaser at a foreclosure sale) from
paying Assessments becoming due and payable after the foreclosure sale. Upon payment of all
sums secured by a lien of the type described in this Section 6.10, the Association will upon the
request of the Owner, and at such Owner's cost, execute a release of lien relating to any lien for
which written notice has been Recorded as provided above, except in circumstances in which
the Association has already foreclosed such lien. Such release will be signed by an authorized
officer, agent, or attorney of the Association. In addition to the lien hereby retained, in the
event of nonpayment by any Owner of any Assessment and after the lapse of at least twelve (12)
days since such payment was due, the Association may, upon five (5) days' prior written notice
(which may run concurrently with such twelve (12) day period) to such Owner, in addition to
all other rights and remedies available pursuant to Applicable Law, equity or otherwise,
terminate,in such manner as the Board deems appropriate, any utility or cable service provided
through the Association and not paid for directly by an Owner or Resident to the utility or
service provider. Such notice will consist of a separate mailing or hand delivery at least five (5)
days prior to a stated date of disconnection, with the title "termination notice" or similar
language prominently displayed on the notice. The notice will include the office or street
address where the Owner or the Resident of the Owner's Lot can make arrangements for
payment of the bill and for reconnection of service. Utility or cable service will not be
disconnected on a day, or immediately preceding a day, when personnel are not available for
the purpose of collection and reconnecting such services. Except as otherwise provided by
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Applicable Law, the sale or transfer of a Lot will not relieve the Owner of such Lot or such
Owner's transferee from liability for any Assessments thereafter becoming due or from the lien
associated therewith. If an Owner conveys its Lot and on the date of such conveyance
Assessments against the Lot remain unpaid, or said Owner owes other sums or fees under this
Declaration to the Association, the Owner will pay such amounts to the Association out of the
sales price of the Lot, and such sums will be paid in preference to any other charges against the
Lot other than liens superior to the Assessment lien and charges in favor of the State of Texas or
a political subdivision thereof for taxes on the Lot which are due and unpaid. The Owner
conveying such Lot will remain personally liable for all such sums until the same are fully paid,
regardless of whether the transferee of the Lot also assumes the obligation to pay such amounts.
The Board may adopt an administrative transfer fee to cover the expenses associated with
updating the Association's records upon the transfer of a Lot to a third party; provided,
however, that no transfer fee will be due upon the transfer of a Lot from Declarant to a third
party.
Yes,the Association can foreclose on your Lot!
If you fail to pay assessments to the Association,you may lose title to your Lot if the
Association forecloses its assessment lien.
6.11 Exempt Property. The following areas will be exempt from the Assessments
provided for in this Article:
(i) All area dedicated and accepted by a public authority;
(ii) The Common Area; and
(iii) Any portion of the Property owned by Declarant.
6.12 Fines and Damages Assessment.
6.12.1 Board Assessment. The Board may assess fines against an Owner for
violations of the Restrictions which have been committed by an Owner, a Resident, or the
Owner or Residents guests, agents or invitees pursuant to the Fine and Collection Policy
adopted by the Board. Any fine and/or charge levied in accordance with this Section 6.12 will be
considered an Individual Assessment pursuant to this Declaration. Each day of violation may
be considered a separate violation if the violation continues after written notice to the Owner.
The Board may assess damage charges against an Owner for pecuniary loss to the Association
from property damage or destruction of Common Area or any facilities caused by the Owner,
Resident, or their guests, agents, or invitees. The Manager will have authority to send notices to
alleged violators, informing them of their violations and asking them to comply with the Rules
and/or informing them of potential or probable fines or damage assessments. The Board may
from time to time adopt a schedule of fines.
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6.12.2 Lien Created. The payment of each fine and/or damage charge levied
by the Board against the Owner of a Lot is, together with interest as provided in Section 6.9
hereof and all costs of collection, including attorney's fees as herein provided, secured by the
lien granted to the Association pursuant to Section 6.1.2 of this Declaration. The fine and/or
damage charge will be considered an Assessment for the purpose of this Article, and will be
enforced in accordance with the terms and provisions governing the enforcement of
assessments pursuant to this Article 6.
ARTICLE 7
ARCHITECTURAL CONTROL COMMITTEE
ORDINANCES AND REQUIREMENTS IMPOSED BY THE TOWN ARE APPLICABLE TO
ALL LOTS. APPROVAL BY THE ARCHITECTURAL CONTROL COMMITTEE IS NOT A
SUBSTITUTE FOR COMPLIANCE WITH SUCH ORDINANCES AND REGULATIONS.
THIS DECLARATION DOES DO NOT PURPORT TO LIST OR DESCRIBE EACH
ORDINANCE OR RESTRICTION WHICH MAY BE APPLICABLE TO A LOT.
Until Declarant has delegated its right to appoint and remove all members of the ACC to
the Board as provided in Section 7.2.1 below, the ACC will be acting solely in Declarant's
interest and will owe no duty to any other Owner or the Association. Notwithstanding any
provision in this Declaration to the contrary, Declarant may appoint a single person to exercise
the rights of the ACC.
7.1 Construction of Improvements. No Improvement may be erected, placed,
constructed, painted, altered, modified or remodeled on any Lot, and no Lot may be
re-subdivided or consolidated with other Lots or Property, by anyone other than Declarant
without the prior written approval of the ACC.
7.2 Architectural Control Committee.
7.2.1 Composition. The ACC will be composed of not more than three (3)
persons (who need not be Members or Owners) appointed as provided below. The ACC will
review Improvements proposed to be made by any Owner other than Declarant. Declarant will
have the right to appoint and remove (with or without cause) all members of the ACC.
Declarant may assign its right to appoint all members of the ACC to the Association by
Recorded written instrument, and thereafter, the Board will have the right to appoint and
remove (with or without cause) all members of the ACC. Any assignment by Declarant of the
right to appoint and remove all members of the ACC may be withdrawn until expiration of
twelve (12) months after the expiration of the Development Period. If Declarant withdraws its
assignment of the right to appoint and remove all members of the ACC, then on the date of such
withdrawal, Declarant will have the right to appoint and remove (with or without cause) all
members of the ACC. Declarant's right to appoint all members of the ACC will automatically
be assigned to the Association upon the expiration of twelve (12) months after the expiration of
the Development Period. Declarant, at its option, may create and assign specific duties and
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responsibilities to one or more sub-committees consisting of members and/or nonmembers of
the ACC. In the event responsibilities and duties are assigned to a sub-committee, those
responsibilities and duties will no longer be discharged by the ACC unless the sub-committee
exercising such duties and responsibilities is dissolved by Declarant. The right to create,
dissolve, and appoint members of such sub-committees will reside exclusively with Declarant
until such time as Declarant has assigned its right to appoint members of the ACC to the
Association. The ACC will have the right to employ consultants and advisors as it deems
necessary or appropriate. The Declarant or the Board, as applicable, shall appoint at least one
(1) member of the ACC or sub-committee, as applicable, who is a licensed architect, for the
purpose of reviewing, and providing recommendations related to, plans and specifications
submitted to the ACC in accordance with Section 7.2.2 below.
7.2.2 Submission and Approval of Plans and Specifications. Construction
plans and specifications or, when an Owner desires solely to re-subdivide or consolidate Lots, a
proposal for such re-subdivision or consolidation, will be submitted in accordance with the
Design Guidelines or any additional rules adopted by the ACC together with any review fee
which is imposed by the ACC in accordance with Section 7.2.3 to the ACC at the offices of
Declarant, at such address as may hereafter be designated in writing from time to time. No
re-subdivision or consolidation will be made, nor any Improvement placed or allowed on any
Lot, until the plans and specifications thereof have been approved in writing by a Majority of
the members of the ACC. The ACC may, in reviewing such plans and specifications consider
any information that it deems proper;including,without limitation, any permits,environmental
impact statements or percolation tests that may be required by the ACC or any other entity; and
harmony of external design and location in relation to surrounding structures, topography,
vegetation, and finished grade elevation. The ACC may postpone its review of any plans and
specifications submitted for approval pending receipt of any information or material which the
ACC, in its sole discretion, may require. Site plans must be approved by the ACC prior to the
clearing of any Lot, or the construction of any Improvements. The ACC may refuse to approve
plans and specifications for proposed Improvements, or for the re-subdivision or consolidation
of any Lot on any grounds that, in the sole and absolute discretion of the ACC, are deemed
sufficient, including,but not limited to,purely aesthetic grounds.
Notwithstanding any provision to the contrary in the Declaration,the ACC may issue an
approval to Homebuilders for the construction of Improvements based on the review and
approval of plan types and adopt a procedure which differs from the procedures for review and
approval of Improvements set forth in this Declaration.
7.2.3 Design Guidelines. Declarant may adopt the initial Design
Guidelines and, during the Development Period, will have the power from time to time, to
adopt (unless previously adopted by Declarant), amend, modify, or supplement the Design
Guidelines. Upon expiration or termination of the Development Period, the ACC, or any sub-
committee thereof created pursuant to Section 7.2.1, will have the power from time to time, to
amend, modify, or supplement the Design Guidelines;provided,however,that any amendment
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to the Design Guidelines made by a sub-committee will only apply to the Improvements under
the jurisdiction of such sub-committee, and during the Development Period, any such
amendment, modification or supplement must be approved in advance and in writing by the
Declarant. In the event of any conflict between the terms and provisions of the Design
Guidelines and the terms and provisions of this Declaration, the terms and provisions of this
Declaration will control. In addition, the ACC will have the power and authority to impose a
fee for the review of plans, specifications and other documents and information submitted to it
pursuant to the terms of this Declaration. Such charges will be held by the ACC and used to
defray the administrative expenses incurred by the ACC in performing its duties hereunder;
provided, however, that any excess funds held by the ACC will be distributed to the
Association at the end of each calendar year. The ACC will not be required to review any plans
until a complete submittal package, as required by this Declaration and the Design Guidelines,
is assembled and submitted to the ACC. The ACC will have the authority to adopt such
additional procedural and substantive rules and guidelines (including, without limitation, the
imposition of any requirements for certificates of compliance or completion relating to any
Improvement and the right to approve in advance any contractor selected for the construction
of Improvements),not in conflict with this Declaration, as it may deem necessary or appropriate
in connection with the performance of its duties hereunder.
7.2.4 Actions of the ACC. The ACC may, by resolution unanimously
adopted in writing, designate one or more of its members, or an agent acting on its behalf, to
take any action or perform any duties for and on behalf of the ACC, except the granting of
variances. In the absence of such designation, the vote of a Majority of all of the members of the
ACC taken at a duly constituted meeting will constitute an act of the ACC.
7.2.5 Failure to Act. In the event that any plans and specifications are
submitted to the ACC as provided herein, and the ACC fails either to approve or reject such
plans and specifications for a period of sixty (60) days following such submission, rejection of
such plans and specifications by the ACC will be presumed. In furtherance, and not in
limitation, of the foregoing, any failure of the ACC to act upon a request for a variance will not
be deemed a consent to such variance, and the ACC's written approval of all requests for
variances will be expressly required.
7.2.6 Variances. The ACC may grant variances from compliance with any
of the provisions of the Design Guidelines or this Declaration,when, in the opinion of the ACC,
in its sole and absolute discretion, such variance is justified. All variances must be evidenced in
writing and must be signed by at least a Majority of the members of the ACC. Each variance
must also be Recorded; provided however, that failure to record a variance will not affect the
validity thereof or give rise to any claim or cause of action against the ACC, including the
Declarant or its designee, the Association, or the Board. If a variance is granted, no violation of
the covenants, conditions, or restrictions contained in this Declaration or the Design Guidelines
will be deemed to have occurred with respect to the matter for which the variance was granted.
The granting of such variance will not operate to waive or amend any of the terms and
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provisions of this Declaration or the Design Guidelines for any purpose except as to the
particular property and in the particular instance covered by the variance, and such variance
will not be considered to establish a precedent for any future waiver, modification, or
amendment of the terms and provisions of this Declaration or the Design Guidelines.
7.2.7 Duration of Approval. Unless otherwise directed by the ACC, the
approval of the ACC of any plans and specifications, and any variances granted by the ACC,
will be valid for a period of one hundred and eighty (180) days only. If construction in
accordance with such plans and specifications or variance is not commenced within such one
hundred and eighty (180) day period and diligently prosecuted to completion, the Owner will
be required to resubmit such plans and specifications or request for a variance to the ACC, and
the ACC will have the authority to re-evaluate such plans and specifications in accordance with
this Section 7.2.7 and may, in addition, consider any change in circumstances which may have
occurred since the time of the original approval.
7.2.8 No Waiver of Future Approvals. The approval of the ACC to any
plans or specifications for any work done or proposed in connection with any matter requiring
the approval or consent of the ACC will not be deemed to constitute a waiver of any right to
withhold approval or consent as to any plans and specifications on any other matter,
subsequently or additionally submitted for approval by the same or a different person, nor will
such approval or consent be deemed to establish a precedent for future approvals by the ACC.
7.2.9 Non-Liability of Committee Members. NEITHER DECLARANT,
THE ACC, NOR ANY PARTNER, EMPLOYEE, DIRECTOR, OFFICER, COMMITTEE
MEMBER, OR AGENT WILL BE LIABLE TO ANY OWNER OR TO ANY OTHER PERSON
FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF THE PERFORMANCE OF THE
ACC'S DUTIES UNDER THIS DECLARATION.
ARTICLE 8
MORTGAGE PROVISIONS
The following provisions are for the benefit of holders, insurers and guarantors of first
Mortgages on Lots within the Property. The provisions of this Article apply to the Declaration
and the Bylaws of the Association.
8.1 Notice of Action. An institutional holder, insurer, or guarantor of a first
Mortgage which provides a written request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the street address of the Lot to which its
Mortgage relates (thereby becoming an "Eligible Mortgage Holder")), will be entitled to timely
written notice of:
(i) Any condemnation loss or any casualty loss which affects a material
portion of the Property or which affects any Lot on which there is an
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Eligible Mortgage held, insured, or guaranteed by such Eligible Mortgage
Holder; or
(ii) Any delinquency in the payment of assessments or charges owed for a
Lot subject to the Mortgage of such Eligible Mortgage Holder,where such
delinquency has continued for a period of sixty (60) days, or any other
violation of the Restrictions relating to such Lot or the Owner or Resident
which is not cured within sixty (60) days;or
(iii) Any lapse, cancellation, or material modification of any insurance policy
maintained by the Association.
8.2 Examination of Books. The Association will permit Mortgagees to examine the
books and records of the Association during normal business hours.
8.3 Taxes, Assessments and Charges. All taxes, assessments and charges that may
become liens prior to first lien mortgages under Applicable Law will relate only to the
individual Lots and not to any other portion of the Property.
ARTICLE 9
GENERAL PROVISIONS
9.1 Term. The terms, covenants, conditions, restrictions, easements, charges, and
liens set out in this Declaration will run with and bind the Property, and will inure to the benefit
of and be enforceable by the Association, and every Owner, including Declarant, and their
respective legal representatives, heirs, successors, and assigns, for a term beginning on the date
this Declaration is Recorded, and continuing through and including January 1, 2065, after which
time this Declaration will be automatically extended for successive periods of ten (10) years
unless a change (the word "change" meaning a termination, or change of term or renewal term)
is approved in a resolution adopted by Members entitled to cast at least sixty-seven percent
(67%) of the total number of votes of the Association, voting in person or by proxy at a meeting
duly called for such purpose,written notice of which will be given to all Members at least thirty
(30) days in advance and will set forth the purpose of such meeting; provided, however, that
such change will be effective only upon the Recording of a certified copy of such resolution. The
foregoing sentence shall in no way be interpreted to mean sixty-seven percent (67%) of a
quorum as established pursuant to the Bylaws. Notwithstanding any provision in this
Section 9.1 to the contrary, if any provision of this Declaration would be unlawful, void, or
voidable by reason of any Applicable Law restricting the period of time that covenants on land
may be enforced, such provision will expire twenty-one (21) years after the death of the last
survivor of the now living, as of the date that this document is first Recorded, descendants of
Elizabeth II, Queen of England.
9.2 Eminent Domain. In the event it becomes necessary for any public authority to
acquire all or any part of the Common Area for any public purpose during the period this
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Declaration is in effect, the Board is hereby authorized to negotiate with such public authority
for such acquisition and to execute instruments necessary for that purpose. Should acquisitions
by eminent domain become necessary, only the Board need be made a party, and in any event
the proceeds received will be held by the Association for the benefit of the Owners. In the event
any proceeds attributable to acquisition of Common Area are paid to Owners, such payments
will be allocated on the basis of Assessment Units and paid jointly to the Owners and the
holders of Mortgages or deeds of trust on the respective Lot.
9.3 Amendment. This Declaration may be amended or terminated by the Recording
of an instrument executed and acknowledged by: (i) Declarant acting alone; or (ii) by the
president and secretary of the Association setting forth the amendment and certifying that such
amendment has been approved by Declarant (until expiration or termination of the
Development Period) and Members entitled to cast at least sixty-seven percent (67%) of the
number of votes entitled to be cast by members of the Association. No amendment will be
effective without the written consent of Declarant, its successors or assigns, during the
Development Period. Specifically, and not by way of limitation, Declarant may unilaterally
amend this Declaration: (i) to bring any provision into compliance with Applicable Law; (ii) to
enable any reputable title insurance company to issue title insurance coverage on any Lot; (iii)
to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage
loans, including, for example, the Federal Home Loan Mortgage Corporation, to make,
purchase, insure or guarantee mortgage loans on Lots; or (iv) to comply with any requirements
promulgated by a local, state or governmental agency, including, for example, the Department
of Housing and Urban Development.
9.4 Roadway and Utility Easements. Declarant reserves the right to create, locate,
relocate, construct, erect, and maintain or cause to be created, located, relocated, constructed,
erected, and maintained in and on any portion of the Property then owned by Declarant or any
streets maintained by the Association, or areas conveyed to the Association, or areas reserved or
held as Common Area, roadways, sewer lines, water lines, electrical lines and conduits, and
other pipelines, conduits, wires, and any public utility function beneath or above the surface of
the ground with the right of access to the same at any time for the purposes of repair and
maintenance.
9.5 Enforcement. Except as otherwise provided herein, any Owner of a Lot, at such
Owner's own expense, Declarant and the Association will have the right to enforce, by a
proceeding at law or in equity, the Restrictions. The Association and/or the Declarant may
initiate, defend or intervene in any action brought to enforce any provision of the Restrictions.
Such right of enforcement will include both damages for and injunctive relief against the breach
of any provision hereof. Every act or omission whereby any provision of the Restrictions is
violated, in whole or in part, is hereby declared to be a nuisance and may be enjoined or abated
by any Owner of a Lot (at such Owner's own expense), Declarant or the Association. Any
violation of any Applicable Law pertaining to the ownership, occupancy, or use of any portion
of the Property is hereby declared to be a violation of this Declaration and subject to all of the
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enforcement procedures set forth herein. Failure to enforce any right, provision, covenant, or
condition set forth in the Restrictions will not constitute a waiver of the right to enforce such
right, provision, covenants or condition in the future. Failure of the Declarant or the Association
to enforce the terms and provisions of the Restrictions shall in no event give rise to any claim or
liability against the Declarant, the Association, or any of their partners, directors, officers, or
agents. EACH OWNER, BY ACCEPTING TITLE TO ALL OR ANY PORTION OF THE
PROPERTY, HEREBY RELEASES AND SHALL HOLD HARMLESS EACH OF THE
DECLARANT, THE ASSOCIATION, AND THEIR PARTNERS, DIRECTORS, OFFICERS, OR
AGENTS FROM AND AGAINST ANY DAMAGES, CLAIMS, OR LIABILITY ASSOCIATED
WITH THE FAILURE OF THE DECLARANT OR THE ASSOCIATION TO ENFORCE THE
TERMS AND PROVISIONS OF THE RESTRICTIONS.
9.6 Higher Authority. The terms and provisions of this Declaration are subordinate
to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to
the extent they do not violate or conflict with Applicable Law.
9.7 Severability. If any provision of this Declaration is held to be invalid by any
court of competent jurisdiction, such invalidity will not affect the validity of any other provision
of this Declaration, or, to the extent permitted by Applicable Law, the validity of such provision
as applied to any other person or entity.
9.8 Conflicts. If there is any conflict between the provisions of this Declaration, the
Certificate, the Bylaws, or any Rules and Regulations adopted pursuant to the terms of such
documents, the provisions of this Declaration, the Certificate, the Bylaws, and the Rules and
Regulations,in such order,will govern.
9.9 Gender. Whenever the context so requires, all words herein in the male gender
will be deemed to include the female or neuter gender, all singular words will include the
plural, and all plural words will include the singular.
9.10 Acceptance by Grantees. Each grantee of Declarant of a Lot or other real
property interest in the Property,by the acceptance of a deed of conveyance, or each subsequent
purchaser, accepts the same subject to all terms, restrictions, conditions, covenants,reservations,
easements, liens and charges, and the jurisdiction rights and powers created or reserved by this
Declaration or to whom this Declaration is subject, and all rights, benefits and privileges of
every character hereby granted, created, reserved or declared. Furthermore, each grantee
agrees that no assignee or successor to Declarant hereunder will have any liability for any act or
omission of Declarant which occurred prior to the effective date of any such succession or
assignment. All impositions and obligations hereby imposed will constitute covenants running
with the land within the Property, and will bind any person having at any time any interest or
estate in the Property, and will inure to the benefit of each Owner in like manner as though the
provisions of this Declaration were recited and stipulated at length in each and every deed of
conveyance.
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9.11 Damage and Destruction. The Association shall undertake the following actions
subsequent to damage or destruction of all or any part of the Common Area covered by
insurance.
9.11.1 Claims. Promptly after damage or destruction by fire or other
casualty to all or any part of the Common Area covered by insurance, the Board, or its duly
authorized agent, will proceed with the filing and adjustment of all claims arising under such
insurance and obtain reliable and detailed estimates of the cost of repair of the damage. Repair,
as used in this Section 9.11.1, means repairing or restoring the Common Area to substantially the
same condition as existed prior to the fire or other casualty.
9.11.2 Repair Obligations. Any damage to or destruction of the Common
Area will be repaired unless a Majority of the Board decides within sixty (60) days after the
casualty not to repair. If for any reason either the amount of the insurance proceeds to be paid
as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair,
or both, are not made available to the Association within said period, then the period will be
extended until such information will be made available.
9.11.3 Restoration. In the event that it should be determined by the Board
that the damage or destruction of the Common Area will not be repaired and no alternative
Improvements are authorized, then the affected portion of the Common Area will be restored to
its natural state and maintained as an undeveloped portion of the Common Area by the
Association in a neat and attractive condition.
9.11.4 Special Assessment. If insurance proceeds are paid to restore or
repair any damaged or destroyed Common Area, and such proceeds are not sufficient to defray
the cost of such repair or restoration, the Board will levy a special Assessment, as provided in
Article 6, against all Owners. Additional Assessments may be made in like manner at any time
during or following the completion of any repair.
9.11.5 Proceeds Payable to Owners. In the event that any proceeds of
insurance policies are paid to Owners as a result of any damage or destruction to any Common
Area, such payments will be allocated based on Assessment Units and paid jointly to the
Owners and the holders of Mortgages or deeds of trust on their Lots.
9.12 No Partition. Except as may be permitted in this Declaration or amendments
thereto, no physical partition of the Common Area or any part will be permitted, nor will any
person acquiring any interest in the Property or any part seek any such judicial partition unless
the Property in question has been removed from the provisions of this Declaration pursuant to
Section 11.4 below. This Section 9.12 will not be construed to prohibit the Board from acquiring
and disposing of tangible personal property or from acquiring title to real property that may or
may not be subject to this Declaration, nor will this provision be constructed to prohibit or affect
the creation of a condominium regime in accordance with the Texas Uniform Condominium
Act.
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9.13 Notices. Any notice permitted or required to be given to any person by this
Declaration will be in writing and may be delivered either personally or by mail, or as
otherwise required by Applicable Law. If delivery is made by mail, it will be deemed to have
been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the
same has been deposited in the United States mail, postage prepaid, addressed to the person at
the address given by such person to the Association for the purpose of service of notices. Such
address may be changed from time to time by notice in writing given by such person to the
Association.
9.14 View Impairment. Neither Declarant nor the Association guarantee or represent
that any view over and across the Lots, or any open space or Common Area within the Property
will be preserved without impairment. Neither the Declarant, the ACC, nor the Association
shall have any obligation to relocate, prune, or thin trees or perform other landscaping. The
Association (with respect to any Common Area) will have the right to add trees and other
landscaping from time to time, subject to Applicable Law. There shall be no express or implied
easements for view purposes or for the passage of light and air.
9.15 Safety and Security. Each Owner and Resident of a Lot, and their respective
guests and invitees, shall be responsible for their own personal safety and the security of their
property within the Property. The Association may, but shall not be obligated to, maintain or
support certain activities within the Property designed to promote or enhance the level of safety
or security which each person provides for himself or herself and his or her property. However,
neither the Association nor Declarant shall in any way be considered insurers or guarantors of
safety or security within the Property, nor shall either be held liable for any loss or damage by
reason of failure to provide adequate security or ineffectiveness of security measures
undertaken. No representation or warranty is made that any systems or measures, including
security monitoring systems or any gate, mechanism or system for limiting access to the
Property or the Common Area, cannot be compromised or circumvented; or that any such
system or security measures undertaken will in all cases prevent loss or provide the detection or
protection for which the system is designed or intended. Each Owner acknowledges,
understands, and shall be responsible for informing any Residents of such Owner's Lot that the
Association, its Board, its employees, agents, and committees, and the Declarant are not
insurers or guarantors of security or safety and that each person within the Property assumes all
risks of personal injury and loss or damage to property, including any residences or
Improvements constructed upon any Lot and the contents thereof, resulting from acts of third
parties.
ARTICLE 10
EASEMENTS
10.1 Right of Ingress and Egress. Declarant, its agents, employees, designees,
successors or assigns will have a right of ingress and egress over and the right of access to the
Common Area to the extent necessary to use the Common Area and the right to such other
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temporary uses of the Common Area as may be required or reasonably desirable (as
determined by Declarant in its sole discretion) in connection with the construction and
development of the Property. The Property shall be subject to a perpetual non-exclusive
easement for the installation and maintenance, including the right to read meters, service or
repair lines and equipment, and to do everything and anything necessary to properly maintain
and furnish the Community Systems and the facilities pertinent and necessary to the same,
which easement shall run in favor of Declarant. Declarant shall have the right, but not the
obligation, to install and provide the Community Systems and to provide the services available
through the Community Systems to any and all Lots within the Property. Neither the
Association nor any Owner shall have any interest therein. Any or all of such services may be
provided either directly through the Association and paid for as part of the Assessments or paid
directly to Declarant, any affiliate of Declarant, or a third party, by the Owner who receives the
services. The Community Systems shall be the property of Declarant unless transferred by
Declarant, whereupon any proceeds of such transfer shall belong to Declarant. Declarant shall
have the right but not the obligation to convey, transfer, sell or assign all or any portion of the
Community Systems or all or any portion of the rights, duties or obligations with respect
thereto, to the Association or to any person or entity. The rights of Declarant with respect to the
Community Systems installed by Declarant and the services provided through such
Community Systems are exclusive, and no other person or entity may provide such services
through the Community Systems installed by Declarant without the prior written consent of
Declarant. In recognition of the fact that interruptions in cable television and other Community
Systems services will occur from time to time, no person or entity described above shall in any
manner be liable, and no user of any Community System shall be entitled to any refund, rebate,
discount or offset in applicable fees, for any interruption in Community Systems services,
regardless of whether or not same is caused by reasons within the control of the then-provider
of such services.
10.2 Reserved Easements. All dedications, limitations, restrictions, easements, rights-
of-way, licenses, leases, encumbrances and reservations shown on any Plat or otherwise
Recorded against the Property and all grants and dedications of easements, rights-of-way,
restrictions and related rights made by Declarant or any third party prior to the Property
becoming subject to this Declaration are incorporated herein by reference and made a part of
this Declaration for all purposes as if fully set forth herein, and will be construed as being
adopted in each and every contract, deed or conveyance executed or to be executed by or on
behalf of Declarant. Declarant reserves the right to relocate, make changes in, and additions to
said dedications, limitations, restrictions, easements, rights-of-way, licenses, leases,
encumbrances,reservations and other grants for the purpose of developing the Property.
10.3 Utility Easements. Declarant hereby reserves unto itself and Declarant's
successors and assigns a perpetual non-exclusive easement over and across the Property for: (i)
the installation, operation and maintenance of utilities and associated infrastructure to serve
the Property and any other property owned by Declarant; (ii) the installation, operation and
maintenance of cable lines and associated infrastructure for sending and receiving data and/or
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other electronic signals, security and similar services to serve the Property and any other
property owned by Declarant; and (iii) the installation, operation and maintenance of,
roadways, gates, walkways, pathways and trails, drainage systems, street lights and signage to
serve the Property and any other property owned by Declarant. Declarant will be entitled to
unilaterally assign the easements reserved hereunder to any third party who owns, operates or
maintains the facilities and Improvements described in (i) through (iii) of this Section 10.3. The
exercise of the easement reserved herein will not extend to permitting entry into any residence,
nor will it unreasonably interfere with the use of any Lot or residence or Improvement
constructed thereon.
10.4 Subdivision Entry and Fencing Easement. Declarant reserves for itself and the
Association, an easement over and across the Property for the installation, maintenance, repair
or replacement of certain subdivision entry facilities and fencing which serves the Property.
Declarant will have the right, from time to time, to Record a written notice which identifies the
subdivision entry facilities fencing to which the easement reserved hereunder applies.
Declarant may designate all or any portion of the subdivision entry facilities and/or fencing as
Common Area by Recorded written notice. The exercise of the easements reserved hereunder
will not extend to permitting entry into any residence, nor will it unreasonably interfere with
the use of any Lot or residence or Improvement constructed thereon.
10.5 Monument Sign Easement. Declarant hereby reserves for itself and the
Association, an easement over and across the Property for the installation, maintenance, repair
or replacement of one or more monument signs and/or appurtenant landscaping which serve
the Property. Declarant will have the right,from time to time, to Record a written notice,which
identifies those portions of the Property to which the easement reserved hereunder applies.
Declarant designates the easement areas reserved hereunder as Common Area. The exercise of
the easements reserved hereunder will not extend to permitting entry into any residence, nor
will it unreasonably interfere with the use of any Lot or residence or Improvement constructed
thereon.
10.6 Landscape Maintenance Easement. Each Owner, by accepting an interest in or
title to a Lot, whether or not it is so expressed in the instrument of conveyance, grants to the
Association an easement of access and entry over, across, under, and through the Property,
including without limitation, each Lot (but excluding the residence or Improvements
constructed thereon) to maintain landscaping in accordance with Section 2.15 hereof.
ARTICLE 11
DEVELOPMENT RIGHTS
11.1 Development by Declarant. It is contemplated that the Property will be
developed pursuant to a plan, which may, from time to time, be amended or modified.
Declarant reserves the right, but will not be obligated, to pursue the development, construction
and marketing of the Property, the right to direct the size, shape, and composition of the
Property, the right to create and/or designate Lots or Common Area, and to subdivide all or any
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portion of the Property, subject to any limitations imposed on portions of the Property by any
applicable Plat. Collectively, the rights reserved to the Declarant as set forth in this Declaration
shall be known as the "Development Rights", and Declarant hereby reserves the right and
privilege for itself, and/or its assigns, to exercise the Development Rights, and any other rights
reserved on behalf of the Declarant as set forth in this Declaration until twenty-four (24) months
after the expiration or termination of the Development Period, except the right to appoint and
remove Board members and officers of the Association which shall be governed by the
provisions set out in Section 4.3. These rights may be exercised with respect to any portions of
the Property or the Common Area. As each portion of the Property is developed or dedicated,
Declarant may designate the use, classification and such additional covenants, conditions and
restrictions as Declarant may deem appropriate for such Property.
11.2 Special Declarant Rights. Notwithstanding any provision of this Declaration to
the contrary, at all times, Declarant will have the right and privilege: (i) to erect and maintain
advertising signs (illuminated or non-illuminated), sales flags, other sales devices and banners
for the purpose of aiding the sale of Lots in the Property; (ii) to maintain Improvements upon
Lots as sales, model, management, business and construction offices; and (iii) to maintain and
locate construction trailers and construction tools and equipment within the Property. The
construction, placement or maintenance of Improvements by Declarant will not be considered a
nuisance, and Declarant hereby reserves the right and privilege for itself to conduct the
activities enumerated in this Section 11.2 until twenty-four months (24) months after expiration
or termination of the Development Period.
11.3 Addition of Land. Declarant may, at any time and from time to time, add
additional lands to the Property. Upon the filing of a notice of addition of land, such land will
be considered part of the Property for purposes of this Declaration, and such added lands will
be considered part of the Property subject to this Declaration and the terms, covenants,
conditions, restrictions and obligations set forth in this Declaration, and the rights, privileges,
duties and liabilities of the persons subject to this Declaration will be the same with respect to
such added land as with respect to the lands originally covered by this Declaration. To add
lands to the Property, Declarant will be required only to Record a notice of addition of land
containing the following provisions:
(i) A reference to this Declaration, which reference will state the document
number or volume and initial page number of the Official Public Records
of Tarrant County wherein this Declaration is Recorded;
(ii) A statement that such land will be considered Property for purposes of
this Declaration, and that all of the terms, covenants, conditions,
restrictions and obligations of this Declaration will apply to the added
land; and
(iii) A legal description of the added land.
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11.4 Withdrawal of Land. Declarant may, at any time and from time to time, reduce
or withdraw land from the Property, and remove and exclude from the burden of this
Declaration and the jurisdiction of the Association any portion of the Property. Upon any such
withdrawal and removal this Declaration and the covenants conditions, restrictions and
obligations set forth herein will no longer apply to the portion of the Property withdrawn. To
withdraw lands from the Property hereunder, Declarant will be required only to Record a
notice of withdrawal of land containing the following provisions:
(i) A reference to this Declaration, which reference will state the document
number or volume and initial page number of the Official Public Records
of Tarrant County wherein this Declaration is recorded;
(ii) A statement that the provisions of this Declaration will no longer apply to
the withdrawn land; and
(iii) A legal description of the withdrawn land.
11.5 Assignment of Declarant's Rights. Notwithstanding any provision in this
Declaration to the contrary, Declarant may, by written instrument, assign, in whole or in part,
any of its privileges, exemptions, rights and duties under this Declaration to any person or
entity and may permit the participation, in whole, in part, exclusively, or non-exclusively, by
any other person or entity in any of its privileges,exemptions,rights and duties hereunder.
ARTICLE 12
DISPUTE RESOLUTION
12.1 Introduction and Definitions. The Association, the Owners, Declarant, all
persons subject to this Declaration, and any person not otherwise subject to this Declaration
who agrees to submit to this Article (collectively,the "Parties") agree to encourage the amicable
resolution of disputes involving the Property and to avoid the emotional and financial costs of
litigation and arbitration if at all possible. Accordingly,each Party hereby covenants and agrees
that this Article applies to all Claims as hereafter defined. This Article 12 may only be amended
with the prior written approval of the Declarant, the Association (acting through a Majority of
the Board), and Owners holding 100% of the votes in the Association. As used in this Article
only,the following words,when capitalized,have the following specified meanings:
(i) "Claim" means:
A. Claims relating to the rights and/or duties of Declarant, the
Association, or an Owner,under the Restrictions.
B. Claims relating to the acts or omissions of the Declarant or the
Association during control and administration of the Association,
any claim asserted against the ACC, and any claims asserted
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against a Board or a person serving as a Board member or officer
of the Association, or the ACC.
C. Claims relating to the design or construction of Improvements on
the Common Areas or Lots located within the Property.
(ii) "Claimant" means any Party having a Claim against any other Party.
(iii) "Respondent" means any Party against which a Claim has been asserted
by a Claimant.
12.2 Mandatory Procedures. Claimant may not initiate any proceeding before any
administrative tribunal seeking redress of resolution of its Claim until Claimant has complied
with the procedures of this Article. As provided in Section 12.8 below, a Claim will be resolved
by binding arbitration.
12.3 Claim Affecting Common Areas. In accordance with Section 4.17 of this
Declaration, the Association does not have the power or right to institute, defend, intervene in,
settle, or compromise litigation or administrative proceedings: (i) in the name of or on behalf of
any Lot Owner (whether one or more); or (ii) pertaining to a Claim, as defined in Section 12.1
above, relating to the design or construction of Improvements on a Lot (whether one or more).
In the event the Association or a Lot Owner asserts a Claim related to the Common Areas, as a
precondition to providing the Notice defined in Section 12.4, initiating the mandatory dispute
resolution procedures set forth in this Article 12, or taking any other action to prosecute a Claim
related to the Common Areas, the Association or a Lot Owner, as applicable, must:
12.3.1 Independent Report on the Condition of the Common Areas. Obtain
an independent third-party report (the "Common Area Report") from a licensed professional
engineer which: (i) identifies the Common Areas subject to the Claim including the present
physical condition of the Common Areas; (ii) describes any modification, maintenance, or
repairs to the Common Areas performed by the Lot Owner(s) and/or the Association; and
(iii) provides specific and detailed recommendations regarding remediation and/or repair of the
Common Areas subject to the Claim. For the purposes of this Section, an independent third-
party report is a report obtained directly by the Association or a Lot Owner and paid for by the
Association or a Lot Owner, as applicable, and not prepared by a person employed by or
otherwise affiliated with the attorney or law firm that represents or will represent the
Association or a Lot Owner in the Claim. As a precondition to providing the Notice described
in Section 12.4, the Association or Lot Owner must provide at least ten (10) days prior written
notice of the inspection to each party subject to a Claim which notice shall identify the
independent third-party engaged to prepare the Common Area Report, the specific Common
Areas to be inspected, and the date and time the inspection will occur. Each party subject to a
Claim may attend the inspection, personally or through an agent. Upon completion, the
Common Area Report shall be provided to each party subject to a Claim. In addition, before
providing the Notice described in Section 12.4, the Association or the Lot Owner, as applicable,
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shall have permitted each party subject to a Claim the right, for a period of ninety (90) days, to
inspect and correct, any condition identified in the Common Area Report.
12.3.2 Claim by the Association - Owner Meeting and Approval. If the
Claim is prosecuted by the Association, obtain approval from Members holding sixty-seven
percent (67%) of the votes in the Association to provide the Notice described in Section 12.4,
initiate the mandatory dispute resolution procedures set forth in this Article 12, or take any
other action to prosecute a Claim, which approval from Members must be obtained at a special
meeting of Members called in accordance with the Bylaws. The notice of meeting required
hereunder will be provided pursuant to the Bylaws but the notice must also include: (i) the
nature of the Claim,the relief sought,the anticipated duration of prosecuting the Claim, and the
likelihood of success; (ii) a copy of the Common Area Report; (iii) a copy of any proposed
engagement letter, with the terms of such engagement between the Association and an attorney
to be engaged by the Association to assert or provide assistance with the claim (the
"Engagement Letter"); (iv) a description of the attorney fees, consultant fees, expert witness
fees, and court costs, whether incurred by the Association directly or for which it may be liable
if it is not the prevailing party or that the Association will be required, pursuant to the
Engagement Letter or otherwise, to pay if the Association elects to not proceed with the Claim;
(v) a summary of the steps previously taken, and proposed to be taken, to resolve the Claim;
(vi) an estimate of the impact on the value of each Lot if the Claim is prosecuted and an estimate
of the impact on the value of each Lot after resolution of the Claim; (vii) an estimate of the
impact on the marketability of each Lot if the Claim is prosecuted and during prosecution of the
Claim, and an estimate of the impact on the value of each Lot during and after resolution of the
Claim; (viii) the manner in which the Association proposes to fund the cost of prosecuting the
Claim; and (ix) the impact on the finances of the Association, including the impact on present
and projected reserves, in the event the Association is not the prevailing party. The notice
required by this paragraph must be prepared and signed by a person other than, and not
employed by or otherwise affiliated with, the attorney or law firm that represents or will
represent the Association or Lot Owner, as applicable, in the Claim. In the event Members
approve providing the Notice described in Section 12.4, or taking any other action to prosecute a
Claim, the Members holding a Majority of the votes in the Association, at a special meeting
called in accordance with the Bylaws, may elect to discontinue prosecution or pursuit of the
Claim.
12.4 Notice. Claimant must notify Respondent in writing of the Claim (the "Notice"),
stating plainly and concisely: (i) the nature of the Claim, including date, time, location, persons
involved, and Respondent's role in the Claim; (ii) the basis of the Claim (i.e., the provision of the
Restrictions or other authority out of which the Claim arises); (iii) what Claimant wants
Respondent to do or not do to resolve the Claim; and (iv) that the Notice is given pursuant to
this Section. For Claims governed by Chapter 27 of the Texas Property Code, the time period
for negotiation in Section 12.5 below, is equivalent to the sixty (60) day period under
Section 27.004 of the Texas Property Code. If a Claim is subject to Chapter 27 of the Texas
Property Code, the Claimant and Respondent are advised, in addition to compliance with
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Section 12.5, to comply with the terms and provisions of Section 27.004 during such sixty (60)
day period. Section 12.5 does not modify or extend the time period set forth in Section 27.004 of
the Texas Property Code. Failure to comply with the time periods or actions specified in
Section 27.004 could affect a Claim if the Claim is subject to Chapter 27 of the Texas Property
Code. The one hundred and twenty (120) day period for mediation set forth in Section 12.6
below, is intended to provide the Claimant and Respondent with sufficient time to resolve the
Claim in the event resolution is not accomplished during negotiation. If the Claim is not
resolved during negotiation, mediation pursuant to Section 12.6 is required without regard to
the monetary amount of the Claim.
If the Claimant is the Association, the Notice will also include: (a) a true and correct copy of the
Common Area Report; (b) a copy of the Engagement Letter; (c) copies of all reports, studies,
analyses, and recommendations obtained by the Association related to the Common Area
which forms the basis of the Claim; (d) a true and correct copy of the special meeting notice
provided to Members in accordance with Section 12.4 above; and (e) reasonable and credible
evidence confirming that Members holding sixty-seven percent (67%) of the votes in the
Association approved providing the Notice. If the Claimant is not the Association and pertains
to the Common Areas, the Notice will also include a true and correct copy of the Common Area
Report.
12.5 Negotiation. Claimant and Respondent will make every reasonable effort to
meet in person to resolve the Claim by good faith negotiation. Within sixty (60) days after
Respondent's receipt of the Notice, Respondent and Claimant will meet at a mutually
acceptable place and time to discuss the Claim. If the Claim involves all or any portion of the
Property, then at such meeting or at some other mutually-agreeable time, Respondent and
Respondent's representatives will have full access to the Property that is subject to the Claim for
the purposes of inspecting the Property. If Respondent elects to take corrective action, Claimant
will provide Respondent and Respondent's representatives and agents with full access to the
Property to take and complete corrective action.
12.6 Mediation. If the parties negotiate, but do not resolve the Claim through
negotiation within one-hundred twenty (120) days from the date of the Notice (or within such
other period as may be agreed on by the parties), Claimant will have thirty (30) additional days
within which to submit the Claim to mediation under the auspices of a mediation center or
individual mediator on which the parties mutually agree. The mediator must have at least five
(5) years of experience serving as a mediator and must have technical knowledge or expertise
appropriate to the subject matter of the Claim. If Claimant does not submit the Claim to
mediation within the 30-day period, Respondent will submit the Claim to mediation in
accordance with this Section 12.6.
12.7 Termination Of Mediation. If the Parties do not settle the Claim within thirty
(30) days after submission to mediation, or within a time deemed reasonable by the mediator,
the mediator will issue a notice of termination of the mediation proceedings indicating that the
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Parties are at an impasse and the date that mediation was terminated. Thereafter, Claimant
may file suit or initiate arbitration proceedings on the Claim, as appropriate and permitted by
this Article.
12.8 Binding Arbitration-Claims. All Claims must be settled by binding arbitration.
Claimant or Respondent may, by summary proceedings (e.g., a plea in abatement or motion to
stay further proceedings), bring an action in court to compel arbitration of any Claim not
referred to arbitration as required by this Section 12.8.
12.8.1 Governing Rules. If a Claim has not been resolved after mediation as
required by Section 12.6, the Claim will be resolved by binding arbitration in accordance with
the terms of this Section 12.8 and the rules and procedures of the American Arbitration
Association ("AAA") or, if the AAA is unable or unwilling to act as the arbitrator, then the
arbitration shall be conducted by another neutral reputable arbitration service selected by
Respondent in Tarrant County, Texas. Regardless of what entity or person is acting as the
arbitrator, the arbitration shall be conducted in accordance with the AAA's "Construction
Industry Dispute Resolution Procedures" and, if they apply to the disagreement, the rules
contained in the Supplementary Procedures for Consumer-Related Disputes. If such Rules have
changed or been renamed by the time a disagreement arises,then the successor rules will apply.
Also, despite the choice of rules governing the arbitration of any Claim, if the AAA has, by the
time of Claim, identified different rules that would specifically apply to the Claim, then those
rules will apply instead of the rules identified above. In the event of any inconsistency between
any such applicable rules and this Section 12.8, this Section 12.8 will control. Judgment upon the
award rendered by the arbitrator shall be binding and not subject to appeal, but may be
reduced to judgment in any court having jurisdiction. Notwithstanding any provision to the
contrary or any applicable rules for arbitration, any arbitration with respect to Claims arising
hereunder shall be conducted by a panel of three (3) arbitrators,to be chosen as follows:
(i) One arbitrator shall be selected by Respondent, in its sole and absolute
discretion;
(ii) One arbitrator shall be selected by the Claimant, in its sole and absolute
discretion; and
(iii) One arbitrator shall be selected by mutual agreement of the arbitrators
having been selected by Respondent and the Claimant, in their sole and
absolute discretion.
12.8.2 Exceptions to Arbitration; Preservation of Remedies. No provision of,
nor the exercise of any rights under, this Section 12.8 will limit the right of Claimant or
Respondent, and Claimant and the Respondent will have the right during any Claim, to seek,
use, and employ ancillary or preliminary remedies, judicial or otherwise, for the purposes of
realizing upon,preserving, or protecting upon any property,real or personal, that is involved in
a Claim, including, without limitation, rights and remedies relating to: (i) exercising self-help
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remedies (including set-off rights); or (ii) obtaining provisions or ancillary remedies such as
injunctive relief, sequestration, attachment, garnishment, or the appointment of a receiver from
a court having jurisdiction before, during, or after the pendency of any arbitration. The
institution and maintenance of an action for judicial relief or pursuit of provisional or ancillary
remedies or exercise of self-help remedies shall not constitute a waiver of the right of any party
to submit the Claim to arbitration nor render inapplicable the compulsory arbitration provisions
hereof.
12.8.3 Statute of Limitations. All statutes of limitation that would otherwise
be applicable shall apply to any arbitration proceeding under this Section 12.8.
12.8.4 Scope of Award; Modification or Vacation of Award. The arbitrator
shall resolve all Claims in accordance with the applicable substantive law. The arbitrator may
grant any remedy or relief that the arbitrator deems just and equitable and within the scope of
this Section 12.8 and subject to Section 12.9 below (attorney's fees and costs may not be awarded
by the arbitrator); provided, however, that for a Claim, or any portion of a Claim governed by
Chapter 27 of the Texas Property Code, or any successor statute, in no event shall the arbitrator
award damages which exceed the damages a Claimant would be entitled to under Chapter 27 of
the Texas Property Code. In all arbitration proceedings the arbitrator shall make specific,
written findings of fact and conclusions of law. In all arbitration proceedings the parties shall
have the right to seek vacation or modification of any award that is based in whole, or in part,
on (i) factual findings that have no legally or factually sufficient evidence, as those terms are
defined in Texas law; (ii) conclusions of law that are erroneous; (iii) an error of federal or state
law; or (iv) a cause of action or remedy not expressly provided under existing state or federal
law. In no event may an arbitrator award speculative, consequential, or punitive damages for
any Claim.
12.8.5 Other Matters. To the maximum extent practicable, an arbitration
proceeding hereunder shall be concluded within one hundred and eighty (180) days of the
filing of the Claim for arbitration by notice from either party to the other. Arbitration
proceedings hereunder shall be conducted in Tarrant County, Texas. The arbitrator shall be
empowered to impose sanctions and to take such other actions as the arbitrator deems
necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the
Texas Rules of Civil Procedure and Applicable Law. Each party agrees to keep all Claims and
arbitration proceedings strictly confidential, except for disclosures of information required in
the ordinary course of business of the parties or by Applicable Law or regulation. In no event
shall any party discuss with the news media or grant any interviews with the news media
regarding a Claim or issue any press release regarding any Claim without the written consent of
the other parties to the Claim.
12.9 Allocation Of Costs. Notwithstanding any provision in this Declaration to the
contrary, each party bears all of its own costs incurred prior to and during the proceedings
described in the Notice, Negotiation, Mediation, and Arbitration sections above, including its
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THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-4994v.10 59948-2
Res 19-23
attorney's fees. Respondent and Claimant will equally divide all expenses and fees charged by
the mediator and arbitrator.
12.10 General Provisions. A release or discharge of Respondent from liability to
Claimant on account of the Claim does not release Respondent from liability to persons who are
not party to Claimant's Claim.
12.11 Period of Limitation.
12.11.1 For Actions by an Owner. The exclusive period of limitation for any
of the Parties to bring any Claim, including,but not limited to, a Claim of construction defect or
defective design of Improvements on the Common Areas or Lots, shall be the earliest of: (i) for
Claims alleging construction defect or defective design, two (2) years and one (1) day from the
date that the Owner discovered or reasonably should have discovered evidence of the Claim;
(ii) for Claims other than those alleging construction defect or defective design, four (4) years
and one (1) day from the date that the Owner discovered or reasonably should have discovered
evidence of the Claim.
12.11.2 For Actions by the Association. The exclusive period of limitation for
the Association to bring any Claim, including,but not limited to, a Claim of construction defect
or defective design of the Common Areas, shall be the earliest of: (i) for Claims alleging
construction defect or defective design, two (2) years and one (1) day from the date that the
Association or its agents discovered or reasonably should have discovered evidence of the
Claim; (ii) for Claims other than those alleging construction defect or defective design of the
Common Areas, four (4) years and one (1) day from the date that the Association discovered or
reasonably should have discovered evidence of the Claim.
12.12 Funding Arbitration and Litigation. The Association must levy a Special
Assessment to fund the estimated costs of arbitration, including estimated attorney's fees,
conducted pursuant to this Article 12 or any judicial action initiated by the Association. The
Association may not use its annual operating income or reserve funds or savings to fund
arbitration or litigation, unless the Association's annual budget or a savings account was
established and funded from its inception as an arbitration and litigation reserve fund.
[SIGNATURE PAGE FOLLOWS]
-61-
THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-499400 59948-2
Res 19-23
EXECUTED to be effective on the date this instrument is Recorded.
DECLARANT:
WILBOW-SOLANA LLC,
a Texas limited liability company
By:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of
20 ,by
of Wilbow-Solana LLC, a Texas limited liability company, on behalf of said company.
(seal) Notary Public, State of Texas
-62-
THE KNOLLS AT SOLANA
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
4825-0959-49940 059948-2
Res 19-23
AFTER RECORDING RETURN TO:
Enrique Montenegro,AIA,NCARB
Stocker Hoesterey Montenegro
4514 Travis Street,Suite 302
Dallas,Texas 75205
Email:emontenegro@shmarchitects.com
- 7
THE KNOLLS
A f SO L ANA
The Knolls at Solana
DESIGN GUIDELINES
Adopted:
WILBOW-SOLANA LLC,a Texas Limited Liability Corporation
By:
Printed Name:
Title:
Adopted by WILBOW-SOLANA LLC,a Texas Limited Liability Corporation,in
accordance with that certain Declaration of Covenants,Conditions and Restrictions for
The Knolls at Solana,recorded in under Document No. ,Official
Public Records of Tarrant County,Texas(the"Declaration"). In accordance with
Section 7.02(c) of the Declaration,these Design Guidelines may be amended from time
to time by the ACC (as defined in the Declaration).
Res 19-23
TABLE OF CONTENTS
Introduction 3
CHAPTER ONE
Architectural Design 5
Overall Intent of the Architectural Guidelines 5
Maximum Height Limitations 7
General Massing Requirements 9
Roofs 11
Garages 12
Chimneys and Other Vertical Elements 13
Detached/Ancillary Structures 14
Fenestration:Doors and Windows 14
Garage Doors 17
Exterior Finish Materials and Details 17
Foundations 18
Exterior Siding Materials 20
Roof Materials 25
Gutters and Downspouts 26
Trim, Details, Texture and Ornamentation 27
Porches/Balconies/Outdoor Spaces 29
Exterior Light Fixtures 30
Miscellaneous Requirements 32
Solar Applications 32
CHAPTER TWO
Site and Landscape Design 34
Overall Intent of the Site and Landscape Guidelines 34
Location of the Home on the Homesite 34
Homesite Diagram and Building Envelopes 35
Combining Homesites 38
Tree and Shrub Thinning and Removal 38
Tree Removal in the Building Envelope 38
Pre-Construction Site Thinning and Clean Up 39
Driveways and Address Markers 41
Grading 44
Retaining Walls 44
1
Res 19-23
Drainage 46
Parking 47
Exterior Hardscape Design:Outdoor Stairs,Paths, Courtyards, Terraces 47
Screen Walls,Fences and Gates 49
Landscape Structures, Site Furnishings and Outdoor Art 52
Basketball Goals and Sporting Equipment 53
Playscapes and Sport Courts 54
Water Features, Spas and Pools 54
Planting Design 56
Irrigation 59
Exterior Lighting 59
Exterior Holiday Decoration 60
Air-Conditioning and Other Mechanical Equipment 60
Barbecue Grills 61
CHAPTER THREE
Construction Guidelines 62
CHAPTER FOUR
Design Review Process 65
Project Types for Review 65
Design Review Process Overview 65
Actions and Approvals 66
Approved Design Professionals 67
Protocol for Approval of Architects 67
Pre-Design Conference 68
Preliminary Design Review 68
Final Design Review 70
Changes to Approved Plans 73
Work in Progress Observations 73
Right of Waiver 74
Non-Waiver,No Inadvertent Precedents 74
Design Review Schedule 74
Plan Submittals and Review Fees 76
Attachments
ACC Application 78
Supplement to the Design Guidelines—Shared Retaining Wall Rules 80
North Texas Plant List 83
2
Res 19-23
INTRODUCTION
Any notice or information required to be submitted to the ACC under these Design
Guidelines hereunder will be submitted to the ACC at 5307 E. Mockingbird Lane, Suite
900,Dallas TX 75206 Phone:972-479-0697
Background
The Knolls at Solana is a master planned community located in Tarrant County, Texas.
Lots 2-20,Block A and Lots 2-4,6-11, 13-15,18-20,22-25,27-30,Block B,Lots 2-15,Block C
(hereinafter "The Knolls") a subdivision in Tarrant County Texas, according to the plat
Recorded under Document No. , (the "Property"), are subject to the
terms and provisions of that certain Declaration of Covenants,Conditions and Restrictions
for Knolls at Solana,recorded in the Official Public Records of Tarrant County,Texas(the
"Declaration"). Capitalized terms used but not defined in these Design Guidelines shall
have the meaning subscribed to such terms in the Declaration.
Architectural Control Committee (ACC)
Article 7 of the Declaration includes procedures and criteria for the construction of
improvements within the The Knolls community.Section 7.01 of the Declaration provides
that no Improvements may be erected, placed, constructed, painted, altered, modified or
remodeled on any Lot, and no Lot may be re-subdivided or consolidated with other Lots
or Property,by anyone other than Declarant,without prior written approval of the ACC.
The ACC consists of three(3)members who have been appointed by WILBOW-
SOLANA LLC,a Texas Limited Liability Corporation(the"Declarant").At least one
member of the ACC shall be a licensed architect registered in the state of Texas.As
provided in Article 7 of the Declaration,the Declarant has a substantial interest in
ensuring that Improvements within The Knolls maintain and enhance Declarant's
reputation as a community developer and do not impair Declarant's ability to market
and sell all or any portion of the community.The members of the ACC appointed by
Declarant act solely in Declarant's interest and shall owe no duty to any other Owner or
The Knolls at Solana Residential Community,Inc. (the "Association").
Governmental Requirements
Governmental ordinances and regulations and the Planned Development zoning for The
Knolls are applicable to all Lots. It is the responsibility of each Owner to obtain all
necessary permits and inspections. Compliance with these Design Guidelines is not a
substitute for compliance with the applicable ordinances and regulations. Please be
advised that these Design Guidelines do not list or describe each requirement which may
be applicable to a Lot within The Knolls. Each Owner is advised to review all
encumbrances affecting the use and improvement of their Lot prior to submitting plans to
the ACC for approval.Furthermore,approval by the ACC should not be construed by the
3
Res 19-23
Owner that any Improvement complies with the terms and provisions of all encumbrances
which may affect the Owner's Lot. Certain encumbrances may benefit parties whose
interests are not addressed by the ACC.All construction must meet applicable regulations
of Federal, State, and local requirements, including but not limited to, applicable zoning,
building construction codes,fire sub-code necessary for the intended use of any Lot.
The ACC shall bear no responsibility for ensuring plans submitted to the ACC comply
with Applicable Law. It is the responsibility of the Owner to secure any required
governmental approvals prior to construction on such Owner's Lot.
Interpretation
In the event of any conflict between these Design Guidelines and the Declaration, the
Declaration shall control. Capitalized terms used in these Design Guidelines and not
otherwise defined in this document shall have the same meaning as set forth in the
Declaration.
Amendments
The ACC may amend these Design Guidelines from time to time. All amendments shall
become effective upon publication to the community website. Amendments shall not
apply retroactively so as to require modification or removal of work already approved and
completed or approved and in progress. It is the responsibility of each Owner to ensure
that they have the most current edition of the Design Guidelines and every amendment
thereto.
4
Res 19-23
CHAPTER ONE
ARCHITECTURAL DESIGN
Overall Intent of the Architectural Guidelines
The developer encourages the design of homes that are appropriate for the community's
setting and location and to complement the surrounding natural environment.While there
are no stylistic restrictions in the Knolls at Solana, homes should be visually connected
through the use of similar materials and colors.These guidelines should be read in tandem
with the Town of Westlake's Building Quality Manual. In the event where there is a
conflict,the Building Quality Manual will rule.
Guideline Basics
The essential mission of these Guidelines is to protect and enhance the value of the entire
community.They have been created with the best of intent and draw from the experience
of its authors and numerous successful communities of similar quality.The ACC has broad
capacity to interpret the Guidelines to either stiffen or relax requirements based on its
mission to realize the intent of these Guidelines over and above the enforcement of the
quantitative requirements PROVIDED THE INTENT OF THE ZONING AND BUILDING
QUALITY MANUAL ARE ENFORCED. Interpretations of the ACC shall always comply
with the Town of Westlake's Building Quality Manual,Zoning and Ordinances.
With the exception of any guideline provision addressing a particular architectural style,
said guidelines shall be enforced by Town staff in reviewing building permit applications
for compliance with the provisions contained in the Building Quality Manual referenced
in Chapter 62,Article III of the Town of Westlake's Code of Ordinances.PD 6 states:"Prior
to the approval of the preliminary site evaluation,the developer shall submit final design
guidelines for approval by the Town Council that shall be recorded with the private deed
covenants, conditions, and restrictions. Said guidelines shall incorporate the
recommendations contained in the Building Quality Manual referenced in Chapter 62,
Article III of the Code of Ordinances.Guideline provisions to be enforced by staff include,
but may not be limited to,general building articulation, massing, fenestration, roof slope
and building materials.
Each topic in this chapter is generally divided into three categories:
• Intent
• Quantitative/Specific Requirements
• Subjective Requirements
In all cases, the expressed intent serves as the primary guide to the ACC in its decision
making.To ensure a minimum level of competence,a Licensed Architect is required for all
homes at The Knolls at Solana.
5
Res 19-23
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Maximum Height Limitation
Intent
Homes at The Knolls are generally to be limited to two stories in height(above grade)with
the exception of homes with walk-out basements that may be three stories in height with
two stories above the exposed area of the basement.Single story homes are also welcomed.
Lots 13,14,15 and 30,Block B are limited to a single story above grade. Lots 7,9,10,11
and 15,Block C are limited to a single story above grade. See Preliminary Concept Plan
on previous page.
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CANOPY
7
Res 19-23
Quantitative/Specific Requirements
Homes at The Knolls are required to be composed of attached simple volumes that move
up and down with the topography. Therefore, the Maximum Building Height is
determined at multiple points on each home on a volume by volume basis.The ACC will
have final say in the determination of what constitutes the delineation between volumes.
Unless otherwise approved in advance by the ACC, no building or residential structure
may exceed two and one-half stories or twenty-eight feet(28')in height as measured from
existing grade to the midpoint of the highest pitched or hipped roof above. The
measurement locations will be chosen by the ACC based upon which points are most
restrictive, however the measurement shall exclude grades where walk out basements
exist.
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2 BUILDING HEIGHT AS MEASURED FROM HIGHEST EXISTING NATURAL GRADE AT THE FIRST FULL LEVEL
The Maximum Height for individual volumes is limited as follows:
• Single Story Volumes:20 feet to ridge and 10'below tree canopy
• Two Story Volumes:28 feet for all other lots not restricted
• Two Story Volumes plus walk-out basements: 28 feet above existing grade
exclusive of walk-out basement
The height limitations imposed above shall not apply to chimneys and vent stacks,cupolas,
or other architectural features that are not intended for occupancy or storage.
Views are neither guaranteed,preserved,nor protected within The Knolls.
8
Res 19-23
General Massing Requirements
Intent
The general form and massing of homes in The Knolls are to reflect a residential scale that
achieves the following:
• Responds to natural conditions such as topography and existing specimen trees.
• Works within the structural limits of stone,wood and other natural materials.
• Is composed of multiple,simple volumes with discrete roofs.
The design for a home in The Knolls must therefore accomplish the following:
• Appear residential in scale.
• Include single story elements.
• Be composed of multiple, simple volumes as appropriate for the scale of a home.
• Arrange those volumes with balance and rhythm.
• Incorporate roof forms that step down from a dominant,usually central volume.
• Express the nature and organization of the home's interior spaces through
articulation of volumes and fenestration patterns.
• Step up or down with grade using variation in the heights of foundations, walls
and roof forms such that the structure appears integrated into its natural setting.
• Include covered and/or uncovered spaces such as balconies, courtyards and
porches that enhance the composition of the larger volumes of the home.
• Include the garage in the composition such that it appears subordinate to the rest
of the home.
Site Coverage
Refer to the lot coverage standards which are addressed in the Planned Development
document in Section 2 B. However, for lots which exceed 11,000 square feet of area, the
provision is hereby granted that the maximum building footprint for a home, including
one story and two story residences,may be increased up to ten percent(10%)of the 5,000
square foot maximum footprint.Footprint is defined as all areas that are contained within
the ground floor air-conditioned space, garages and covered patios of the main residence
(excludes open porches, patios, porte-cocheres, or other unenclosed areas and accessory
buildings).
9
Res 19-23
SEE MASSING DIAGRAMS OPPOSITE PAGE
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Res 19-23
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-191
3 ANEXAMPLE OF HOME WITH ONE AND TWO STORYMASSES.
Quantitative/Specific Requirements
A minimum of two distinct"masses"or volumes is required for each home,at least one of
which must be a single story element. For larger homes, the ACC may require more than
two masses as it deems required to maintain a consistency in the composition and
residential scale of the volumes that make up the homes within the community.
The Enclosed Area of the upper floor massing may not exceed 50% of the Enclosed Area
for the main floor. For this calculation, double height spaces are included in the
measurement of the Enclosed Area of the upper floor.
Exterior elements including exterior walls and roof planes and ridgelines may not have an
unbroken horizontal length in excess of 35 feet. For this calculation, roof overhangs are
not included in the measurement of the horizontal length. In the assessment of roof planes
and exterior walls, the ACC will determine what constitutes a "break" in the plane; for
example, a small dormer may not be deemed a sufficient "break" while a larger dormer
may suffice.
Homes built on sloping sites must step down with the topography,breaking the apparent
floor and roof lines at locations as determined by the extremity of the slope.The volumetric
expression must,however,be maintained at a residential scale and not appear to be either
palatial or institutional.
Roofs
Intent
Roofs are generally required to be simple in form and appear logical to construct. Their
design should not appear to be an afterthought to the design of the floor plan.
11
Res 19-23
Quantitative/Specific Requirements
Roof forms are limited to gable,shed and hip forms with dormers as secondary forms.Flat
and curved roofs are also acceptable.
Mansard roofs are not permitted.
No more than 50%of the total roof may be designed as a single plane. No more than 75%
of the roof may be designed as a single gable; the ACC may reduce this maximum
requirement for particularly large homes as it deems necessary. A shed dormer may not
exceed 2/3 of the area of the roof plane to which it is attached.
Dormers must be functional to allow actual window openings and head heights for upper
level spaces as well as bring light into first floor spaces;"false" dormers are prohibited.
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THE ABOVE DIAGRAM ILLUSTRATES ROOF BREAKS
Garages
Front facing garage doors are allowed if located further back on the lot than any other
portion of the residence, and are in a motor court setting. Car ports are permissible
provided that they are architecturally consistent with the rest of the home and landscaping
is used to screen the paved area. Car ports should not be used to reduce or eliminate the
garage requirement.
Provide architectural elements such as recessed doors, awnings and single-stall doors to
articulate garage elevations.
12
Res 19-23
4 ANEXAMPLE OF STEEL AND GLASS GARAGE DOORS
Chimneys and Other Vertical Elements
Intent
Chimneys are important elements in the overall formal composition of homes at The
Knolls.They are required to be expressed as if they are serving a wood burning fire place
in scale and height.Multi-story tower or turret elements are generally not permitted.
Quantitative/Specific Requirements
When adjacent to an exterior wall, the chimney must start at grade, be offset from the
exterior wall a minimum of 1 foot and be of sufficient height to serve a wood burning fire
place,even in situations when there is a gas appliance in lieu of a traditional firebox.Spark
arrestors must be shielded from view with an architectural chimney cap. Vents for direct
vent fireplaces should not face the street.
Plumbing vents should be minimally visible from the street as determined by the ACC.If
there must be a vent visible to the street then it should blend in color with the roof.
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13
Res 19-23
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4 Examples of architectural chimney caps
Subjective Requirement
Chimneys must appear to be of sufficient scale to be self-supporting.
Detached/Ancillary Structures
Intent
Detached garages, guest houses,home offices, art studios,play houses, garden sheds and
other ancillary structures are encouraged. They must,however,be designed as part of a
composition with the primary structure, subordinate in scale and consistent with its
architectural vocabulary.
Quantitative/Specific Requirements
In most circumstances, the Enclosed Area of detached structures other than garages shall
be limited to 150 sf. In no event will the total square footage of any approved accessory
structure be interpreted to reduce the minimum square footage requirements of the
principal residential structure as set forth in these Design Guidelines.
Subjective Requirements
Detached structures must be consistent in massing, materials and style with the primary
structure and are,in general,also subject to these Guidelines.
Fenestration
Intent
Windows and doors must be designed in scales and patterns that are both complimentary
to the form of the home and also expressive of the internal organization of the home. In
combination with the form of the various components of the building, an observer of the
exterior of the home should largely be able to identify the functions of the rooms behind
the windows.
Window and door patterns are to be characterized by simple forms and a high level of
detail.
14
Res 19-23
Front doors, in particular, are to be of high quality and craft and consistent with the
requirements for simple forms and patterns for the rest of the architecture of homes in The
Knolls.
Quantitative/Specific Requirements
Windows
Rectangular or square windows are encouraged.Special exceptions may be granted by the
ACC for horizontal or banded windows when deemed appropriate to the style of the
proposed architecture provided that the style meets ACC approval.Arched windows are
permissible only in areas such as stone walls where they are consistent with a structural or
load----bearing expression.Glass block is prohibited for all exterior applications.
Double hung,single hung,casement,awning and fixed windows are appropriate.Divided
lite patterns are encouraged. The ACC may also approve — as an alternative — gangs of
fixed or single hung windows that create a similar effect."Snap-in"or removable mullions
are not permitted.
Approved window materials include wood,metal-clad,steel,aluminum or fiberglass clad.
At a minimum, windows must be double-pane. Glass may be coated or tinted to control
heat gain but reflective and etched glass surfaces are prohibited. Commercial storefront
window systems are allowed provided they are used in floor to ceiling glazing conditions.
Metallic finishes such as clear-anodized aluminum are not permitted.Vinyl windows are
prohibited. Owners will be required to submit proposed manufacturers at final design
review.
Windows that are set in stone, brick, or stucco walls must be recessed a minimum of 3
inches.The expression of structural headers over windows is encouraged.
Doors
Approved door materials include wood, metal-clad, steel, aluminum or fiberglass clad.
Materials that appear artificial are prohibited.Owners will be required to submit proposed
manufacturers at final design review.
Doors that are set in stone,brick,or stucco walls must be recessed a minimum of 3 inches.
The expression of structural headers over doors is encouraged. Doors shall have a
minimum 8'-0"height.
15
Res 19-23
5 THIS HOUSE IS AN EXAMPLE OF LARGE EXPANSES OF GLASS USED TO CONNECT MASONRY MASSES
Subjective Requirements
General
All elevations must have sufficient fenestration to create visual interest and to prevent the
appearance of blank wall areas. Windows and doors must be balanced such that the
majority of openings are not concentrated on single elevations. Large door and window
openings are encouraged to connect interior spaces with outdoor living areas such as
porches and courtyards. In some cases, glazing from floor to ceiling may be appropriate.
Trim is to be consistent in material,color and proportion with the details of the rest of the
structure.
Windows and Skylights
The solar orientation of windows must be considered in their design. On south and west
facing exposures,appropriate overhangs in the form of shed roofs or extended overhangs
are recommended.
In general, dormers are preferred over skylights. Skylights are, however, permitted
provided that they are (1) located in areas that cannot be seen from the street, (2) utilize
flat glass in lieu of the older plastic"bubble"designs and(3)are colored to match the roof.
Window colors are to be complimentary to the color palette of the rest of the home and are
to be drawn from the following:bronze,copper,brown or other earth tones,black.
Doors
Hardware for exterior doors including hinges, latches,handles and pulls must be chosen
for their high quality and artistic expression. Wrought iron,bronze, copper, satin nickel
or similar materials are required.
16
Res 19-23
In particular,the main entry door is subject to special review to ensure that it is in keeping
with the community's high standards of quality and consistent with the overall design of
the home. Art glass may be included but is also subject to similar special review.
Doors are to be stained or painted (with the exception of glass and some types of metal
doors).Color used to emphasize a home's front door is allowed.
Garage Doors
Intent
Single-wide garage doors are preferred over double-wide. Garage doors must be made of
materials and include details that are commensurate with the high standards of these
Guidelines. Garage doors shall be made of sectional wood, or be wood clad, or glass and
steel. Garage doors shall be recessed a minimum of six inches from the plane of the
adjacent wall.
Quantitative/Specific Requirements
Garage doors must be clad with wood or metal that coordinate with the exterior materials
and windows and doors on the house. Metal-framed doors with frosted glass panels are
also allowed. Owners will be required to submit proposed manufacturers at final design
review.
Double-wide doors are permitted provided that the garage doors are set back from the
street a minimum of 10'-0" from the front yard setback or face the side yard and that the
door is designed with cladding that visually minimizes the width of the door.
Subjective Requirements
The ACC is required to scrutinize the proposed cladding design to ensure that:
• It is consistent with the rest of the home in style
• Architectural details are included to visually minimize the impact of the doors
from the street or common areas.
Doors are to be stained or painted or may be clad to match windows and are to be either
the same color as the exterior siding or a slightly darker color that is still within the
generally approved earth tones and hues.
Exterior Finish Materials and Details
Intent
The exterior finish materials and details of homes in The Knolls must appear to be natural.
The application of exterior materials and details must be coherently applied across the
entire home in a manner consistent with the overall stylistic intent of the design.
All materials are to be used in such a manner as to appear structurally correct.Stone walls
and columns, timber post, beams and trusses and other structural elements must appear
to be self-supporting and/or appropriately massive for their task. Refer to the Town of
Westlake's Building Quality Manual.
17
Res 19-23
Subjective Requirements
Material changes must occur at logical transition points.Vertical transitions must occur at
inside corners and horizontal transitions must occur at appropriate heights with dividing
ledge stone or trim materials.Some appropriate locations for horizontal transitions include
second floor finish floor elevations and window sills and foundations.
Connection details must be appropriately authentic. Materials shall express appropriate
weight and dimension.
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6 THOUGHTFUL VERTICAL AND HORIZONTAL TRANSITIONS OF MATERIALS
Foundations
Intent
Foundations and finish grading in The Knolls must be designed such that the home
appears to be integrated into the earth.
Quantitative/Specific Requirements
All property owners are required to provide a geotechnical report from a licensed provider
on which their foundation design is to be based.
18
Res 19-23
Foundation walls that are above grade by more than 6 inches must be clad with stone or
other suitable finish material. Faux stone is prohibited.
Foundation vents must either be concealed in some fashion or be made to be decorative.
Plastic or galvanized metal vents are prohibited.
Subjective Requirements
On sloping sites, foundations must be stepped with the contours to avoid high retaining
walls.Where raised slabs are employed,a dropped brick ledge is required.See sketch.
. r
7 RETAINING WALLS INTEGRAL TO THE HOUSE MUST BE CLAD IN THE HOUSE MATERIAL
8 AN EXAMPLE OF STEPPED FOUNDATION
19
Res 19-23
Exterior Siding Materials
Intent
The predominant materials to be used for exterior walls at The Knolls are to be stucco,
brick and stone. Wood may be used as an accent material but should be limited.Wood is
to be finished to take advantage of its natural grain. Wood and stone colors and patterns
must complement the surrounding natural environment.
�*
9 WOOD SIDING CLADDING THE SECOND FLOOR OF THIS HOME COMPLEMENTS THE LIMESTONE
General Quantitative/Specific Requirements
Homes at The Knolls may not use more than three major exterior wall materials.
Wood Siding Materials
Wood must be stained,not painted, such that the natural grain shows through. Synthetic
wood products are permitted provided that they are of sufficient quality and design to
appear real. Some approved manufactures include James Hardie, Geolam, and Cali
Bamboo. Builders are required to provide samples for alternative materials. Owners will
be required to submit proposed materials including required trim and accessory
components at final design review.
Log homes are not permitted in The Knolls.Plastic and PVC trim is prohibited.
20
Res 19-23
�t
Lr
10 AN EXAMPLE OF A STONE HOUSE COMPLEMENTED WITH BRICK
Stone
In general, cladding whole masses is preferred over wainscoting. When used, stone
wainscoting must be either discontinuous or varied in height. Stone wainscoting must
have a ledge stone cap or coping.
Openings for windows must include sufficiently massive lintels to appear structural. As
an alternative,arched openings are permissible provided that the stone work is applied to
appear structurally correct. Owners will be required to submit proposed materials
including required trim and accessory components at final design review.
Stone is subject to the following requirements:
• No faux stone
• Stone must appear to be indigenous and work within the overall color palette.
River rock is prohibited.
• Stone must appear to start below grade and be designed to appear structural and
not a thin veneer.
• Stone must also appear to be load-bearing. The longest dimension should
predominately run horizontally.
• Although thin veneer stone applications are not prohibited, they are required to
be detailed such as to appear at least full bed depth.
21
Res 19-23
11 STONE SHOULD BE LAID TO APPEAR LOAD BEARING
Stucco
Portland cement stucco is allowed in the Knolls. EFIS or other comparable imitation
products are not allowed.Owners will be required to submit proposed materials including
required trim and accessory components at final design review.
22
Res 19-23
1 1
12 ANEXAMPLE OF PORTLAND CEMENT STUCCO
Metal Siding
Non-reflective metal materials are permissible as an exterior siding material but is limited
to coverage of no more than 20% of the total area of the exterior walls. Some approved
materials include paint grip,copper,and zinc.
23
Res 19-23
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13 ANEXAMPLE OF WEATHERED COPPER SIDING
Prohibited Materials
The following materials are prohibited for use as siding:
• Plastics or Vinyls
• Plywood,T-111,OSB or other engineered wood sheet goods
• Composite shingles
• Masonite
24
Res 19-23
Roof Materials
Intent
Roofing materials are to be non-reflective, textured and a variegated dark color that is
compatible with the surrounding natural environment. Their use should also be consistent
with the practical requirements of the local environment.For example,shading large wall
openings.
Quantitative/Specific Requirements
Approved roofing materials include:
• All wood shingles and shakes(provided they are fire resistant)
• Slate and high quality faux slate tiles(DaVinci Roofscapes tile or equal)
• Flat and barrel clay tile
• Concrete tile(Monier Life tile or equal)
• Non-reflective standing seam metal(paint grip,copper,and zinc)
• Prefinished metal such as"Galvalume"
• Materials suitable for flat roofs such as TPO so long as they are not visible to a
street.
Prohibited roofing materials:
• All reflective metals including galvanized products
• Plastic shingles or tiles
• Metal panels designed to appear as other materials
• Composition shingles
The ACC is,however,instructed to keep an open mind to advances in technology that may
make some simulated materials sufficiently genuine in appearance. Owners will be
required to submit proposed materials including required trim and accessory components
at final design review.
Flues, vents and other penetrations through the roof plane must be painted to match the
roof if not enclosed in a concealing structure.
25
Res 19-23
Roof Colors
Approved colors include:
• Earth and other muted forest tones
• Dark greens
• Variegated blacks
• Grey,blue and green slate colors
• Copper(oxidized)
• Bronze
• Oxidized metals
• Prefinished metal such as"Galvalume"
l�
14 THIS HOME COMBINES PAINT GRIP AND SLATE ON ITS ROOF
Gutters and Downspouts
Intent
Gutters and downspouts are to be integrated into the overall design of the home in form,
location and color.All downspouts shall occur at building corners unless the locations are
part of a unique design intent.
26
Res 19-23
Quantitative/Specific Requirements
Plastic or other non-metal gutters and downspouts are prohibited.
In locations where gutters are not used, the landscaping below the drip line must be
reinforced with some form of decorative gravel or other means of preventing erosion.If a
downspout drains to open ground,the receiving area must be similarly reinforced.Water
should not be discharged onto adjacent lots.
Subjective Requirements
Paint grip, copper, and zinc are encouraged as materials. Prefinished metal such as
"Galvalume"is also allowed.Painted gutters and downspouts are discouraged.
Trim, Details, Texture and Ornamentation
Intent
A richness of architectural detailing is required in The Knolls. The selection of details has
a major impact on the apparent style of the design.Details must be applied consistently on
all elevations and in concert with the stylistic intent of the design.Refer Town of Westlake
Building Quality Manual.
Details must be substantial in scale relative to the structure and to their inherent structural
properties.In all cases,elements that are structural or clad structural components must be
scaled and detailed such that they appear functional and structurally appropriate.
Quantitative/Specific Requirements
Some preferred details include:
• Exposed timber or steel,beams and trusses
• Corbels,brackets and kickers
• Exposed rafter tails
• Lintels or headers over opening in masonry walls (limestone, board-formed
concrete)
• Architectural attic vents
• Flat roofs should be hidden behind parapets or provided with integral box
gutters to provide seamless transitions with fasciae
• Highly crafted closure details
27
Res 19-23
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Subjective Requirements
The ACC has wide latitude to ensure that an appropriate level of detail and ornamentation
is included in proposed designs. The ACC must be the arbiter that determines the right
balance between the poles of austerity and excess.
The ACC will also determine whether or not an element appears to be structurally
appropriate in scale and detailing for its apparent loads.
Porches / Balconies/ Outdoor Spaces
Intent
Porches, balconies and other forms of outdoor spaces that are an extension of the
architecture of the home are encouraged.They must be designed to appear complementary
and in appropriate proportion to the form to which they are attached or otherwise relate.
F; _ !3
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15 EXAMPLE OF APPR OPRIA TEL Y SCALED TIMBER STRUCTURE
29
Res 19-23
f
16 THIS PORCHEXTENDS THE LIVING SPACE TO THE OUTDOORS
Quantitative/Specific Requirements
The underside of balconies where visible must be finished comparably to eaves and
overhangs of roofs.Minimum depth for porches shall be 6'-0".
Porches,when low to the ground,must be designed to screen the view below the porch.
Wood, plastic or metal lattice is not permitted; similar skirting deemed not to be
sufficiently substantial by the ACC is prohibited.
Subjective Requirements
Structural elements such as columns, braces and kickers must be designed to appear
appropriately massive to carry their apparent load,even when non-structural.
If constructed of wood, the stain colors must be equal to or complementary to the trim
colors on the home. Similarly,stone used on porches must be consistent with the stone on
the home.
Exterior Light Fixtures
Intent
Exterior Light fixtures,both attached to the home and installed elsewhere on the site must
be limited in their impact in order to preserve the night time dark sky by minimizing the
30
Res 19-23
visibility of the lamp or light source. They are to use low intensity, indirect light sources
to the extent required for safety and subtle accenting of the architecture and landscape.
The quality and style of the fixtures must be in keeping with the architecture of the home.
Exterior lighting shall comply with the Town of Westlake's Dark Sky Ordinance.
Quantitative/Specific Requirements
All exterior light fixtures must be shielded such that no direct light is allowed to exit the
light fixture horizontally. Light from one property should not be allowed to spill onto an
adjacent property.This includes security lighting operated by a motion sensor.
Pole-mounted lights shall not be more than 8 feet tall.Lights mounted on masonry plinths
and bollards are encouraged.
Up-lighting of houses and trees is prohibited.
Polished brass fixtures are prohibited.Wrought iron,bronze, copper,tarnished brass and
other non-reflective metals are encouraged.
R
m
17 TREE LIGHTS AND PATH LIGHTS POINT DOWN SO AS NOT TO BLEED ONTO ADJACENT PROPERTIES
Subjective Requirements
The ACC will review exterior light fixtures with a high amount of scrutiny to ensure that
their quality and design is commiserate with the overall requirements of these Guidelines
and the home to which they are to be installed. Their scale must be appropriate to their
use; oversized fixtures as determined by the ACC will be prohibited. Fixtures that are or
appear to be hand crafted are encouraged.
31
Res 19-23
Miscellaneous Requirements
Intent
Trash storage, satellite dishes,meters and utility hook-ups and other such equipment are
to be hidden from street view. Further, trash storage, and utilities as mentioned above,
should be screened from adjacent properties if located in a side yard.
Quantitative/Specific Requirements
Meters and utility hook-ups can be screened from view either by their location on the home
or with landscape walls or similar structures. They must be shown on the elevations of
proposed designs.
Trash storage enclosures with doors easily accessible to the trash removal providers are
required for each home at The Knolls.Each enclosure must be sized to contain at least one
of the 20-gallon trash bins as required by the outside provider.Trash enclosures can either
be attached to the home or free-standing.For security reasons,the trash storage enclosure
must not be accessible from inside the home.
Satellite dishes may not exceed 2 feet in diameter and must be approved specifically by the
ACC prior to their installation. The ACC will work with the Owner to find a practical
location that creates the least impact on neighbors and passersby. Potential satellite dish
locations must be identified in all design submissions and then pre-wired during
construction regardless of the owner's intent to have or not have satellite service.
Solar Applications
Intent
Equipment used to capture the energy of the sun—such as photovoltaic panels or shingles
and hot water collectors must be both integrated into the architecture and largely hidden
from primary view sheds.Windmills are prohibited.
Subjective Requirements
The ACC is instructed to support Owners and Architects who wish to integrate such panels
and other equipment into their homes with as much flexibility as possible while
maintaining its main requirement of mitigating any potential negative aesthetic impacts.
32
Res 19-23
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NOT THIS
33
Res 19-23
CHAPTER TWO
SITE & LANDSCAPE DESIGN
Overall Intent of the Site and Landscape Guidelines
Design for the Site and Landscape at The Knolls at Solana must achieve the following:
• Preserve, protect and enhance the existing forest and natural environment of The
Knolls.
• Situate homes such that they preserve the integrity of the surrounding forested
landscape by maintaining or replicating and restoring a natural buffer between the
house and street,neighboring Homesites and Common Areas.
• Limit tree removal to what is necessary to accommodate the home and critical
views, improve forest health across the entire Homesite and selectively open up
views while ensuring that off-site views are protected. Employ an arborist to
assess tree health for trees exposed to construction prior to construction and
protect trees as recommended during construction.
• Incorporate unique design solutions that are responsive and subordinate to the
specific Homesite's topography.
• Site buildings to maintain a low, subordinate profile against the back drop of the
surrounding forests and generally below the tree canopy.
• Design landscape that blends new landscaping with the natural environment by
using native materials and providing a transition from manicured areas to areas
that appear to be natural.
• Use natural and indigenous building materials for landscape structures,site walls
and outdoor areas including wood and stone building materials.The project stone
should be used for walls visible to the street.See attachment 3 for Approved Plant
List.
Location of the Home on the Homesite
Homes in The Knolls must be situated on their Homesites such they achieve the following
objectives:
• Minimize grading to non-built areas of the lot.
• Maximize privacy.
• Protect,enhance and maintain the natural forest throughout the community.
Preserve the dominance of the natural setting by situating buildings such that they blend
into their surroundings.Foundations should be integrated into the contours of the site.
34
Res 19-23
Homesite Diagram and Building Envelopes
A Homesite Diagram has been prepared for each Homesite. This diagram establishes the
boundaries of the Building Envelope and Natural Area within each Homesite.
Homesite Diagrams are available from the ACC administrator and are provided on or
before the time of closing on the property.
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35
Res 19-23
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Intent
The Building Envelope
The Building Envelope is the area in which the home and potential ancillary structures can
be constructed as well as other vertical improvements as well as terraces,landscape walls,
ornamental streams and pools,swimming pools or spas and auto-courts.It is also the area
in which landscaping such as gardens and lawns may be created and offers the least
restrictions on what types of vegetation can be installed.
37
Res 19-23
The Landscape Area
The Landscape Area of the Homesite is the area typically adjacent to the perimeter of the
Building Envelope that is designed to allow more cultivated landscaping such as lawns
and planting beds also horizontal improvements, patio and motor courts areas; terraces
and retaining walls.
The Natural Area
The Natural Area of the Homesite is the area at the rear of each homesite and outside of
the Building Envelope. The Natural Area is to remain wooded. Any canopy tree removal
shall be only by a tree removal permit issued by the town of Westlake. Previously
disturbed natural areas are encouraged to be restored and/or recreated post-construction.
No construction of any kind may take place within the Natural Area. Understory vines,
shrubs, undergrowth, ground cover may be removed. Existing grades should not be
altered where native trees are preserved.The natural wooded landscape may be enhanced
through either the addition of approved, indigenous species that are compatible with the
existing vegetation or tree thinning for the sake of forest health and fire safety.A rear yard
fence of steel picket or pipe rail and wire mesh may be erected along rear property line in
the natural area.Refer to fences.
Combining Homesites
Prior to combining two or more Homesites,approval is to be obtained from the Declarant
during the Development Period or from the ACC thereafter.When combining two or more
Homesites, the ACC will designate new Building and Landscape Envelopes and a new
Maximum Enclosed Area. The ACC shall respect the Town of Westlake's zoning
regulations.
Tree and Shrub Thinning and Removal in Natural Areas
Intent
Existing native tree species in the Natural Area of Homesites in The Knolls must be
maintained and enhanced in order to create visual privacy between the home and
neighboring properties and open spaces. Owners are required to maintain the wooded
areas on their Homesites in a manner that will maximize tree health and enhance the
appearance of the natural environment. Within the Landscape Area, restoration or
replication of native shrubs and trees is encouraged to provide privacy between adjacent
homesites.
Tree Removal in the Building Envelope and Landscape Area
Intent
The restrictions limiting predevelopment clearing are consistent within both the Building
Envelope and the Landscape Area. Within these envelopes, trees and shrubs can be
removed to accommodate the foundation of the new home,utilities,required excavations,
and its ancillary structures and improvements.Outside of the Building Envelope,existing
38
Res 19-23
high-quality trees are to be incorporated into the landscape plan as best possible.
Understory vines and shrubs may be removed in the Building Envelope and side yards
and front yard prior to preparing a limited tree survey and prior to tree removal for
purposes of access,surveying and marketing of the homesite.
Owners may clear the entirety of the envelopes but are encouraged to leave a significant
minority in place to accomplish two goals.First,the envelopes are composed with straight
lines but trees may not be removed such that a wall or corridor is created;the edge must
be softened with undulations in the clearing limits.Second,the forest landscape should be
integrated into the landscape design around the home.
Quantitative/Specific Requirements
The removal of any tree that has a diameter greater than 9 inches,as measured 4 feet
above grade,or any shrub measuring greater than 5 feet in height,must be approved by
the ACC and Town of Westlake. Trees must be individually permitted for removal with
the town if it cannot be preserved. Lot owners are encouraged to design the home and
garden around trees 9" or greater in diameter if possible and practical.
Failure to obtain ACC approval for tree/shrub removal may result in a fine up to $2,500
per tree/shrub and/or additional tree/shrub mitigation as specified by the ACC. The ACC
reserves the right to periodically adjust fines for unapproved tree/shrub removal.
100%of side yards and 50%of the front yard may be cleared.
Subjective Requirements
The ACC is asked to work with Owners to encourage the preservation of particularly large
and high-quality trees and may require an adjustment in the location of an improvement
to achieve this goal, provided the requirement does not prevent the reasonable use and
enjoyment of the Homesite. Owners and architects are required to make a reasonable
attempt to preserve such trees and to work with the ACC towards this important goal.The
consultation of an arborist is highly recommended.
Pre-Construction Site Thinning and Clean-up
Intent
In order to allow owners to perform tree and shrub thinning and maintenance on their
Homesites in advance of ACC approval of architectural and landscape plans for the
Homesite,the ACC has created the following policy.
39
Res 19-23
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Quantitative/Specific Requirements
Owners and/or their contractors must present a plan to the ACC that includes the
following:
• A limited tree survey. (Preliminary clearing of understory plants may be done if
deemed necessary for access to surveyors. This will be determined on a case by
case basis)
• A plan showing the area in which the proposed thinning and maintenance work
is to be performed including the access route from the street.
• At least one photograph of both the front and back of the Homesite sufficient to
show existing conditions for comparison purposes when the work is complete.
Subsequent to receiving written approval from the ACC, work may proceed within the
approved work areas with the following restrictions:
• Removal of trees less than 4"in diameter as measured at 4'above grade.
• Removal of shrubs less than 5'in height.
40
Res 19-23
• Removed trees and shrubs must be cut at ground level or lower and be removed
from the site or chipped on site and spread evenly within the work area.
• Trees may have lower level limbs removed up to 1/3 the total height of the tree
from the base of the trunk.
Such work is limited to the Building Envelope and the Landscape Area and expressly
excludes the Natural Area portion of the Homesite. When complete, the work area must
be returned to a state that resembles the pre-existing and natural condition. Any ruts or
other damage to the forest floor must be repaired. The ACC reserves the right to require
that the Owner re-vegetate the work area.
The Owner and their contractor are subject to all other Construction Guidelines including
the section on Damage Repair and Restoration. Unless otherwise specified by the ACC,
such thinning and clean-up work shall not exceed 30 days.
If the Owner is interested in removing trees or shrubs in excess of the previously described
maximum sizes,Owner may seek approval on a case by case basis from the ACC.For such
approvals, Owner must submit a site plan indicating the location of the item(s) to be
removed and a photograph(s)of the proposed item(s).If helpful,a description of why the
item should be removed is also welcomed.
Driveways and Address Markers
Intent
• Minimize visibility of paved areas from off-site through vegetative screening or
low wall.
• Blend driveways into the terrain by following the natural grade.
• Utilize distinctive paving materials at motor-courts and parking areas.
• Minimize width of driveway at connection with street.
• Prevent cars from overhanging onto adjacent lots.
Quantitative/Specific Requirements
Appropriate paving materials for driveways and auto courts include:
• Colored,stamped,exposed aggregate,broom finished and/or patterned concrete
• Pre-cast concrete pavers that are chosen to blend into the natural environment or
to complement adjacent paving types in both color and pattern.
• Native stone
• Decomposed granite or decorative gravel with a concrete apron of at least 20 feet
in length starting at the curb.Only use if grades allow.
• Turf block or similar structured turf in low volume areas.
• Colored gravels that complement the natural environment such as iron ore or pea
gravel.Only use if grades allow.
41
Res 19-23
• Driveway gradients are not to exceed 12%.
• Provide wheel stops or curbs 18"from side lot line.
Inappropriate paving materials include:
• Untextured,uncolored concrete
• Asphalt(unless banded or bordered with concrete)
• White,angular gravel
• Faux stone
Driveways are encouraged to narrow at the driveway apron. Parking and turn- around
areas must be screened from off-site views by supplementary plantings as approved by
the ACC as part of the Landscape Plan.
A maximum of one driveway entry/cut will be permitted for each Homesite. Owners of
neighboring Homesites are encouraged to consider a shared driveway solution.
Neutra Modern House Numbers(6"tall)in any finish shall be used for address markers.
35
82
42
Res 19-23
18 THIS MOTOR COURT IS SCREENED B Y A LOW WALL
Subjective Requirements
Driveway alignments, parking and garage layouts are to minimize visibility of garage
doors,driveways and parking from the street and adjoining Homesites.
Plantings of trees,shrubs and other vegetation are to be incorporated to screen driveways,
garages and motor-courts.
1f
i
qM
43
Res 19-23
Grading
Intent
• Blend new Improvements into the site.
• Preserve natural drainage patterns or replicate while redirecting runoff to streets
and common areas.
• Retain the character of the site's natural topography and existing vegetation.
Grading and drainage improvements are to focus on minimizing impacts to the site and
landscape,reducing water quality impacts,minimizing removal of the existing forest,and
promoting the use of natural drainage systems within the Homesite.
Drawings submitted to the ACC must include grading, drainage, utility locations, re-
vegetation and sedimentation and erosion control plans for all new construction.Grading
shall respect public and private drainage systems as shown in the community's grading
plans.
Quantitative/Specific Requirements
The following standards are to be integrated into all grading plans for The Knolls:
• Where feasible,building foundations and main floors are to step with the existing
topography as it rises and falls to create split floor levels rather than one flat
building pad. While it is required that building masses follow natural site
contours, nothing in these guidelines shall prohibit a single floor level provided
that the building height,massing and grading guidelines are met.
• All cuts, fills and retaining walls are to create smooth transitions at the top and
bottom of slopes that appear as extensions of the natural landform. Grading
designs are to protect and retain as many existing trees as possible.
• Slopes are not to exceed 2:1 unless it can be demonstrated that a steeper slope will
not erode.Natural appearing slopes are to be used instead of structures wherever
feasible.
• Cut and fill slopes are to be re-vegetated with plantings from the approved list in
Attachment 3 and appropriate to the site to blend them into the surrounding
environment. Revegetation is to be completed as soon as possible and erosion
control measures implemented upon completion of grading.
• Fill may not be used to significantly raise the first floor elevation.
• Elevation changes are preferred to be accomplished with the home's foundation
in lieu of retaining walls but both may be used in combination.
Retaining Walls
Intent
Minimize the use and height of retaining walls. Blend retaining walls with the natural
topography.A series of shorter stacked walls is preferable over one tall wall.
44
Res 19-23
Construct retaining walls out of stone that is either locally sourced or appears to be
indigenous. Board-formed concrete and cor-ten steel are also permitted where not visible
to a street or common area.
4,
77•..�. --
19 ANEXAMPLE OF COR-TENRETAINING WALLS WITHINA COURTYARD
The tops of walls are to follow the natural contours as closely as possible.Ends of walls are
not to end abruptly, but are to create natural-looking transitions with existing landforms
and vegetation and die into existing contours.
Quantitative/Specific Requirements
Where grade changes equal or exceed 4 feet,stepped-back or terraced wall structures with
ample planting terraces (4-foot minimum width) are to be used. Higher walls may be
considered only if they are not visible from off-site, and if doing so significantly reduces
overall impacts to the site and/or adjacent land and must be signed by an engineer.
Retaining walls that are four feet in height or greater shall be designed by a licensed
engineer.Retaining walls that are integral to the house or in private outdoor areas such as
the back yard and not visible to the street may be constructed of alternate stone or masonry
that complements the house materials.Retaining walls should step down unless providing
for a programmatic function such as pools, patios, dog runs or dog areas. In these
applications,retaining walls should be expressed as extensions of the house.
• Retaining walls visible from any street or common area shall be constructed of the
designated project stone.
• Walls as extensions of the house must be of the same material as the house.
• Walls in patio areas, front yards or along side yards shall be constructed or clad
with stone to appear natural and indigenous.
45
Res 19-23
• Walls may incorporate stairs or ramps.
• Shrubs and vines are to be planted at the base and top of walls to blend them with
the site.
Specific Requirements in Landscape Areas
Retaining walls may only be constructed in the Landscape Area to accommodate a
driveway,motor court or footpath.
Specific Requirements in Natural Areas
Retaining walls may only be constructed at the perimeter of the Natural area to preserve
it from altered grades in the Landscape Area or Building Envelope.
See Attachment Two for rules regarding shared retaining walls and fences.
Drainage
Intent
• Maintain natural drainage patterns.
• Encourage on-site percolation.
• Minimize any potential for erosion.
• Direct runoff and respect public and private drainage easements, street,
conveyance systems,as shown in the community grading plans.
Quantitative/Specific Requirements
Drainage is to be designed by a qualified Engineer or Landscape Architect. Natural
drainage courses and patterns are to be protected and maintained,wherever feasible.
Impervious surfaces are to be minimized to the extent feasible to encourage water
percolation into the ground. The use of more pervious(water permeable) materials, such
as approved gravels or open-celled pavers is encouraged.
Concentrated flows from impervious surfaces,roofs,and regrading must be collected and
discharged to a street or common area. It may also be collected in an on-site rainwater
collection system.
Materials and sizes for all culverts,headwalls, visible drainage structures and driveways
are to be approved by the Architectural Control Committee to ensure structures appear
natural and "disappear" into the landscape. Stone-reinforced dry creek beds designed to
carry water without causing erosion are encouraged in lieu or in combination with
underground drainage structures.
Drainage across or under driveways is to be incorporated into driveway and apron design
and any culverts are be concealed with stone headwalls or similar treatments.
46
Res 19-23
Drainage design is to minimize any potential for erosion and consequent downstream
water quality impacts.
Parking
Intent
• Minimize visibility of parking areas.
• Use decorative paving or aggregates with colors that blend with local soils to make
parking areas aesthetically desirable.
Quantitative/Specific Requirements
All 70'wide Homesites are to provide a minimum of two enclosed parking spaces.All 80'
wide Homesites are to provide a minimum of three enclosed parking spaces.
• Guest parking spaces,if provided,are to be screened by a combination of plantings
and/or low walls(4-foot maximum).
• Large capacity trucks, recreational vehicles, motor homes, commercial vehicles,
large trailers and similar vehicles that cannot fit through a standard single bay
garage door (maximum size 9 feet wide by 9 feet tall) may not be kept at any
Homesite except for loading and unloading as may be allowed by Association
policies.
Garages are to incorporate planting designs that screen garage doors from the street or
common areas.
Exterior Hardscape Design: Outdoor Stairs, Paths, Courtyards,Terraces
Intent
• Create outdoor"rooms"as extensions of indoor rooms.
• Design outdoor improvements to respond to the Homesite's topography and
landscape characteristics.
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Res 19-23
to
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20 THIS ENTRY COURTYARD NOT ONLY PROVIDES PRIVACYB UT EXTENDS THE LIVING SPACE
Quantitative/Specific Requirements
Appropriate paving materials for exterior hardscape areas include:
• Native stone
• Colored,stamped,exposed aggregate and/or patterned concrete
• Brick or pre-cast concrete pavers that are chosen to bend into the natural
environment or to complement adjacent paving types in both color and pattern.
• Decomposed granite or gravel
Inappropriate paving materials for exterior hardscape areas include:
• Clay tile
• Non-colored,non-patterned concrete
• Asphalt
• Asphaltic concrete
All paths, outdoor stairs and terraces are to be located within the Building or Landscape
Envelopes with the exception of foot paths that may be located in the Natural Area.
Specific Requirement in the Natural Area
Foot paths may enter the Natural Area of the lot provided they follow natural contours
and utilize pervious materials that blend in color with the forest floor as appropriate.
Footpaths through the Natural Area are restricted to a maximum width of 5 feet.
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Res 19-23
Subjective Requirements
Designs are to minimize the use of several different types of paving materials in order to
produce an understated, unified design. Materials are to augment and complement
architectural materials.
The spatial organization of the Residence and that of outdoor rooms and terraces is to be
designed as a series of spaces that relate to each other and to existing site and topographic
conditions.
Outdoor spaces are to transition gradually from the more formal, geometric lines
associated with buildings to the more organic forms of nature. Terraces are to respond to
existing trees and land forms, which may be used to create a gradual transition from the
built to the natural environment.
Plant materials, walls, architectural devices and/or landscape structures are to be
incorporated into the design of outdoor spaces.
Design of a terrace or outdoor room around a focal point such as a specimen tree, shrub,
or natural looking water feature is encouraged.
Impervious surface areas are to be minimized to the extent possible and kept close to the
house. Moving away from the house, there is to be a gradual transition to pervious or
"softer"surfaces such as gravel mulch,decomposed granite and/or hardwood mulch.
Screen Walls, Fences and Gates
Intent
Construct high quality walls and fences out of stone,metal,or concrete in a design that is
complementary to the architecture of the home.
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Res 19-23
Fences,walls and gates are to relate to the residence and site topography.Fencing materials
are restricted to steel picket or metal pipe rail and wire mesh in flat black color. Wood
fences are prohibited.
Quantitative/Specific Requirements
All fencing is limited to decorative steel picket or wire mesh. Each post shall have a
decorative"cap." Living plant materials for screening is encouraged.
7-
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21 AN EXAMPLE OF WIRE MESH FENCE
Transitions in fence and/or wall heights required by topography are to be gradually
stepped.
Solid screen walls are only allowed as extensions of the house and accessory structures.
These extensions shall be restricted to the building envelope and not be located on any lot
line.
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Res 19-23
22 THIS SCREEN WALL EXTENDS FROM THE BUILDING
Appropriate wall types include:
• Cast in place concrete
• Low stone walls not to exceed 4 feet in height
• Wing wall extensions that match building materials
• Stucco on CMU
Appropriate fence types include:
• Metal(maximum 6'height to horizontal top rail with 3/4"minimum picket painted
black or near-black.Picket spacing to be less than 6" on center.)
• Hedges used to disguise lower cost fences,particularly fences required for pets or
around pools.
Inappropriate fencing materials/types include:
• Exposed Concrete block
• Chain link
• Wood fences of any type
• Opaque fences of any type
Dog runs are permitted within The Knolls,provided they are constructed of materials that
are complementary to the principal building walls,site walls and/or landscape structures.
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Res 19-23
Dog Runs shall be attached to residences and not free standing and are limited to an area
of 200 square feet. Dog runs shall be screened from the street and adjacent lots and must
be contained within the Building Envelope.
Any side yard fence may be installed by the first homeowner and the subsequent
homeowner shall share in cost by reimbursing the first homeowner by 50%of the portion
on the common lot line.
Retaining walls on the front of a Lot shall be constructed of the same stone used as the
project stone which is Leuders Charcoal chopped typically as 6" height laid in horizontal
coursing of generally 18" lengths. The retaining wall material shall blend with the
improvements constructed by the Declarant. Stone for interior Lot line walls shall be
Milsap charcoal stone,randomly coursed ashlar pattern with natural grey grout.
23 ANEXAMPLE OF GRANBURY CHOPPED STONE
Landscape Structures, Site Furnishings, Fire Pits and Outdoor Art
Intent
In general,the same Guidelines that apply to architecture apply to the design of landscape
structures.
• Design landscape structures that appear as extensions and/or additional building
components of the main Residence.
• Incorporate landscape structures such as trellises to help mitigate the climate and
create shade,shadow and texture.
• Screen fire pits,outdoor art and other ornamentation from off-site views.
Requirements in the Building Envelope
Site furnishings, fire pits, outdoor art and landscape structures, such as arbors, gazebos,
pavilions, porte cocheres, greenhouses and/or decks, are permitted within the Building
Envelope.
The height,color,materials and style of outdoor structures are to be the same or similar to
that of the Residence.
Fire pits must be permanent and be designed to be complementary to the architecture and
landscape architecture of the overall property. Any masonry used is subject to the same
requirements for the use of stone as described in the preceding chapter.
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Landscape Area Requirements
Pathways, fire pits, freestanding site furnishings, outdoor art approved by the ACC,
terraces and patios that are less than 4 feet (including perimeter walls) in height from
existing or final grade whichever is lower - are permitted in the Landscape Area. Wood
decks supported by columns are not permitted in the Landscape Area.
Basketball Goals and Sporting Equipment
Intent
Basketball goals, or backboards, or any other similar sporting equipment of either a
permanent or temporary nature shall not be placed on any Lot or street or where same
would be visible from an adjoining street or Lot without the prior written consent of the
ACC.
The ACC shall have the authority to establish additional guidelines for the placement and
design of basketball goals,backboards, or any other similar sporting equipment and the
same shall be kept and maintained out of view from any street,except in accordance with
any such established guidelines.
Quantitative/Specific Requirements
Permanent goals must meet the following criteria:
• Poles must be permanently mounted into the ground to the side of the driveway
in a full upright position 25'back from the curb.
• Poles,backboard and net must be maintained in good condition at all times.
• Backboard must be transparent.
• Poles must be painted flat black or near black.
• Poles may not be installed in front of the garage or facing into the street.
Portable goals must meet the following criteria:
• The goal must be placed to the side of the driveway and maintained at all times in
a full upright position 25'back from the curb.
• The pole,backboard and net must be maintained in good condition at all times.
• Poles may not be installed in front of the garage or facing the street.
• Landscape barrier,such as small shrubs must screen the base of the goal.
• Goals may not be rolled into the street or any other public right-of-way.
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Res 19-23
Playscapes and Sport Courts
Intent
Sports courts, tennis courts, and playscapes or any similar recreational facilities may not
be constructed on any Lot without the advance written approval of the ACC. The ACC
may prohibit the installation of sports courts, tennis courts, playscapes or similar
recreational facilities on any Lot.
Quantitative/Specific Requirements
Playscapes or any similar recreational facilities must comply with all the following
requirements:
• Must be located where the equipment will have minimum impact on adjacent Lots
and be screened from public view.
• All playscapes or any similar recreational facilities equipment must be of earth
tones colors,i.e.,medium to dark greens,browns, and tans.Bright primary colors
will not be permitted.
• Views of playscapes or any similar recreational facilities must be reduced from
public streets and adjoining units whenever possible.
• Playscapes or any similar recreational facilities must be placed no closer than five
feet(5)to any property line.
• Trampolines,whether portable or non-portable must be placed no closer than five
feet(5)to any property line.
• Playscapes, playground equipment and trampolines are prohibited in the front
yard.
If approved, portable playscapes, including but not limited to, non-permanent and/or
inflatable slides, moon bounces,water parks and above ground inflatable pools or kiddy
pools(collectively"Portable Playscapes")must be stored in a screened area,the rear of the
Lot, or inside the garage when not in use. In no event, shall any Portable Playscapes be
visible from or in the front of any Owner's Lot for any period of time exceeding twenty-
four(24)consecutive hours.
Water Features, Spas and Pools
Intent
• Locate pools,spas(hot tubs)and plunge pools so that their visibility is minimized
from areas outside the Homesite.
• Design pools and water features that augment outdoor spaces and extend the
architectural style of the Residence.
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Res 19-23
f:y:r
,b
24 A WATER FEATURE INA POCKET COURTYARD
Quantitative/Specific Requirements
Requirements in the Building Envelope and Landscape Area
Pools, spas and other water features are to be located within the Building Envelope or
Landscape Area, visually connected to the Residence and designed as an integral part of
the house's exterior design.
Water features such as small ponds,waterfalls and streams are to appear natural and not
contrived. They must be made out of materials that appear indigenous to the site and be
landscaped such that they appear to have occurred naturally.
Swimming pools may only be located within the building envelope.Pool safety measures
are to be taken in accordance with local governmental regulations.No swimming pool,spa
and hot tub shall be located in the front or side yard on any Lot unless enclosed in a
courtyard.
Pool and spa covers are to be dark and muted in color to recede from view.Pools and spas
are to be set down into the ground, terraces and/or decks. Above grade pools or spas are
not permitted.
Spa and water feature equipment enclosures may be in the side yard and are to appear as
extensions of the home and/or located in underground vaults to contain noise.Solid noise
absorbing covers for equipment may be required after installation if it is discovered that
the equipment is audible from adjacent properties.
The drains serving a swimming pool,spa and hot tub must be connected to street or private
drainage systems.
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Res 19-23
Requirement in Natural Areas
Spas and Pools are not permitted in Natural Areas.
Planting Design
Intent
• Utilize new plantings to frame outdoor spaces,lessen the impact of new structures,
screen use areas and preserve and extend the forest landscape.
• Use plants that are adapted to the climate, are less invasive and require less water
and maintenance.
• Minimize the visibility of non-native plant materials, as viewed from off-site.
• Preserve and enhance the existing forest areas in the Natural Areas and existing
high quality and larger trees in the Building Envelope and Landscape Area.
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Res 19-23
ate
A.
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25 NATIVE PLANTING COMPLEMENTS THE ENTRY OF THIS HOME
Quantitative/Specific Requirements
Requirements for the Building and Landscape Envelopes
Each Lot shall be landscaped, at a minimum, with the following number of hardwood
shade trees in the yard of each Lot-two (2)per Lot on all Lots other than corner Lots and
four(4)per corner Lot(with two(2)in the front portion of the Lot, and two(2)in the side
of the Lot adjacent to the street), and ten (10) shrubs sized five gallons or more. The
hardwood shade trees required in the front yard of each Lot shall be no smaller in size than
3.5" caliper. After installation, landscaping (including temporary landscaping) shall be
properly maintained at all times. Any Owner who wishes to plant one or more gardens
upon their Lot must obtain the approval of the ACC of any such garden and must follow
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Res 19-23
applicable requirements as to size of the Lot,visibility of the Lot from other Lots,streets or
common areas,and such other matters as the ACC may specify in any written approval.
Notwithstanding the foregoing, a minimum of one, three and one half inch(3.5") caliper
trees from the Approved Plant List must be planted on each Lot in addition to the Front
Yard Requirement.If existing protected trees are preserved in the front yard of a Lot,they
can be used to satisfy this requirement.
Manicured or groomed yards and non-native plantings are to be restricted to spaces
confined by buildings, walls and plantings or other well-defined edges so as to not be
visible from the street.Moving away from the house,towards the Natural Area,non-native
planting areas are to gradually transition to a native landscape so that a buffer of native
vegetation surrounds the Residence. Non-native plant species may not extend outside of
the Building or Landscape Envelopes.
Plant materials are to use a mix of sizes and be spaced in natural,informal patterns.Plant
species should be drifted (grouped to replicate natural occurring masses of same-kind
plant communities).
Shrubs, ground covers and vines are to be used to soften and reduce the perceived height
of foundation walls.
Tree and shrub plantings are to be of a sufficient quantity and size to effectively continue
the native forest canopy and under-story.
Trees and other vegetation are to be planted so that they define outdoor spaces, buffer
views of buildings and frame views.
Cut and fill slopes are to be re-vegetated with plantings appropriate to the site (see
Attachment 3)to blend them into the surrounding environment.
Trees and shrubs should be pruned to avoid blocking clear view of signs,address marker,
illumination by light fixtures,the flow of air vents and air conditioner compressors as well
as pedestrian and vehicular traffic.
Plant materials are to be grouped according to water consumption needs.
Areas of irrigated landscape are not to exceed 40% of the combined area of the Building
and Landscape Envelopes.Xeriscaping is encouraged.
Requirements in the Natural Areas
With the exception of trees and shrubs that can be cleared per the previous"Tree and Shrub
Thinning and Removal"section,existing trees and major shrubs are to be preserved.
Additional plant materials may be added in the Natural Areas provided that they are
chosen from the approved plant materials for Natural Areas and that they enhance the
appearance and future health of the existing landscaping.
Disturbed native areas are to be restored to their previous condition or planted such that
they appear to be natural as approved by the ACC.
Native grasses and wild flowers may be planted in the Natural Area. Shrubs and ground
cover are also encouraged.
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Res 19-23
Areas under native trees to be covered in hardwood mulch or scattered native boulders to
appear to be undisturbed.
Irrigation
Intent
• Minimize the amount of landscape irrigation required through water sensitive
landscape design.
• Utilize automated irrigation systems that provide efficient water coverage and
minimize water usage and runoff.Drip type systems are encouraged.
Quantitative/Specific Requirements
Incorporate bubbler/drip irrigation systems that provide deep root-zone irrigation of trees
and shrubs. Trees are to be irrigated on a bubbler/drip system except where planted in
irrigated lawns.
Consult an arborist before introducing irrigation into the Natural Area of the Homesite.
Note that introduction of irrigation lines may jeopardize existing trees. Trenching for
irrigation lines is not to encroach within the drip line of existing trees unless required to
maintain appropriate moisture content of soils around foundations. All permanent
irrigation systems are to be below ground and fully automatic. Temporary irrigation
systems are required at all revegetation areas. These systems are to be removed once
plantings have been clearly established and after a minimum of one growing season.Black
poly pipe is to be used for all temporary,above-ground irrigation systems.
Group plant materials according to their water consumption needs. Mulch all new
planting areas, including trees in lawn areas with a minimum of 3 inches to retain soil
moisture,reduce erosion and provide for weed control.
Exterior Lighting
Intent
• Preserve the nighttime dark sky by minimizing the amount of exterior lighting.
• Utilize low intensity, indirect light sources to the extent required for safety and
subtle visual effect.
• Avoid unnecessary illumination of structures.
Quantitative/Specific Requirements
Exterior lighting will be kept to a minimum and shall be subdued and indirect but
consistent with good security practices. Such illumination shall be designed and installed
so as to light only landscaping,driveway areas and walkways upon a Lot.Indirect sources
and horizontal cut-off fixtures are recommended to reduce glare and provide general
ambient light.Soffit or tree lights must be shielded or directed towards vegetation so as to
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Res 19-23
eliminate glare and source visibility. Exterior lighting shall comply with Town of
Westlake's Dark Sky Ordinance.
No exterior light whose direct source is visible from a street or neighboring property or
which produces excessive glare to pedestrian or vehicular traffic will be allowed.Nuisance
lighting and or glare must be avoided.
Up-lighting shall be limited to lighting landscaping elements and shall be limited to 25
watt incandescent or equivalent lumens.
Building walls shall not be illuminated and light from landscape lighting may not
illuminate building walls higher than four feet(4')above grade.
Floodlights are prohibited. Exterior lighting in motor courts and over garage doors
may/shall be motion detector activated and not installed higher than ten feet (10') above
the grade of the driveway.
All light sources must be fully shielded from view from adjacent property or right-of-ways.
Decorative Light sources such as entry sconces must be shielded with frosted or
translucent glass.
Path lighting fixtures are to be a maximum height of 24 inches.
With the exception of low-level driveway lights,all lighting must occur within the Building
or Landscape Areas.
Exterior lighting is to fall within the following wattage ranges:
• Architectural lights mounted to buildings and that are fully recessed and
downward facing are not to exceed 75 watts.
• All other architectural lights are not to exceed 40 watts.
• All landscape lights are not to exceed 20 watts.
Exterior Holiday Decorations
Lights or decorations may be erected on the exterior of the principal residential structure
in commemoration or celebration of publicly observed holidays provided that such lights
or decorations do not unreasonably disturb the peaceful enjoyment of adjacent Owners.
All lights and decorations must not be permanent fixtures of the principal residential
structure without prior written approval of the ACC and shall be removed within thirty
(30)days after the holiday has ended.Christmas decorations or lights may not be displayed
prior to November 15.
Air-Conditioning and Other Mechanical Equipment
No air-conditioning apparatus may be installed on the ground in front of the principal
residential structure or on the roof of the principal residential structure unless screened in
a manner approved by the ACC. Ground level air conditioning units shall be installed at
street level only. All mechanical equipment, including air-conditioning equipment, shall
be located in a side or rear yard only and shall not be visible from streets or Common
Areas.
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Res 19-23
No window air-conditioning apparatus or evaporative cooler may be attached to any front
wall or front window of the principal residential structure or at any other location where
it would be visible from any street,any other Lot or any Common Area.
Pool/spa equipment must be located behind walls or screened from view with landscape
to contain noise.
Barbecue Grills
Freestanding barbecue grills are permitted only if they are stored and used in the rear yard
space of the Lot that is not visible from the street.BBQ grills may also be built into outdoor
kitchens and the masonry and other materials shall match the materials used on the
residence.
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Res 19-23
CHAPTER THREE
CONSTRUCTION GUIDELINES
Overall Intent
The following restrictions shall apply to all construction activities at The Knolls. Periodic
inspections by a representative of the ACC or the Town of Westlake may take place in
order to identify non-complying construction activities. If items identified as not
complying with the regulations are not remedied in a timely manner,fines will be levied.
Erosion Control Installation and Maintenance
It is the responsibility of each Owner to install erosion control measures prior to the start
of construction and to maintain them throughout the entire construction process.
Silt fencing installed to all applicable standards is required to be properly installed and
maintained to protect the low sides of all disturbed areas, where storm-water will flow
during construction.The purpose of the silt fence is to capture the sediment from the runoff
and to permit filtered,clean water to exit the site.The Owner should anticipate that built-
up sediment will need to be removed from the silt fence after heavy or successive rains,
and that any breach in the fencing will need to be repaired or replaced immediately.
If for any reason the silt fence is to be temporarily removed,please contact a representative
of the ACC prior to the removal.
Security
Neither the ACC,the Association,nor the Declarant shall be responsible for the security of
job sites during construction. Temporary security fencing around construction sites are
optional for builders and owners but must be approved by the ACC.
Construction Hours
Unless a written waiver is obtained from the ACC, construction may only take place
during the following hours:Monday through Friday from 7:00 a.m.until 7:00 p.m.,and on
Saturdays and Sundays from 9:00 a.m. until 6:00 p.m. or as regulated by the Town of
Westlake if more restrictive.
Noise, Animals, Children
The use of radios, tape and CD players must be restrained so as not to be heard on an
adjoining Lot or street.
Contractors and subcontractors may not bring dogs to construction sites. Contractors and
subcontractors may not bring children under 16 years of age to construction sites.
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Res 19-23
Material and Equipment Storage
All construction materials and equipment shall be neatly stacked, properly covered and
secured.Any storage of materials or equipment shall be the Owner's responsibility and at
their risk.Owners may not disturb,damage or trespass on other Lots or adjacent property.
Insurance
The ACC requires an Owner to procure adequate commercial liability insurance during
construction naming the Association, the Declarant and the ACC as additional insureds,
in an amount to be determined,from time to time by the ACC.
Site Cleanliness
During the construction period, each construction site shall be kept neat and shall be
properly policed to prevent it from becoming an eyesore.
Owners and Builders shall be responsible for removing refuse and shall provide a
container for debris and shall clean up all trash and debris on the construction site on a
daily basis. Trash and debris shall be removed from each construction site on a timely
basis.Lightweight material,packaging and other items shall be covered or weighted down
to prevent wind from blowing such materials off the construction site.
The dumping,burying or burning of trash is not permitted anywhere in The Knolls.
It is imperative that, when moving heavy equipment around, precautions be taken to
prevent damage to pavement, curbs, and vegetation. Crawler tractors are not to be
operated on paved or concrete surfaces. Mud, dirt and other construction debris that is
tracked off site shall be cleaned on a daily basis.
Sanitary Facilities
A temporary sanitary facility (chemical toilet) shall be provided and maintained for the
use of construction workers and shall be screened from view in a manner approved in
advance by the ACC.It should be installed on level ground,at the back of the lot unless it
cannot be serviced and screened from view.A mock up construction wall shall be used to
screen it if located in the front part of the lot.
Construction Parking
Construction crews shall not park on,or otherwise use,other Lots.No construction vehicle
will be permitted to leak oil or otherwise damage or deface any street located within the
community.
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Res 19-23
Schedule of Fines
Periodic inspections by a representative of the ACC may take place in order to identify
non-complying construction activities.Listed below is the schedule of fines which may be
assessed.
Schedule of Fines
Premature Clearing $5000
Construction Without ACC Approval $5000
Encroachment on Adjacent Properties $5000 plus cost of repair
Violation of Rules,Restriction or Guidelines $500/day
Failure to Install and/or Maintain Erosion Control Measures $1000/day
*Greenbelt/Open Space Lot violation $5000
Sign Violation $500 per sign/incident
*In the event, the Association or Declarant is required to repair, clean up or provide
necessary service to bring the improvement into compliance, the Owner will be assessed
the cost of repair, clean up, or service plus an additional 10% for time and service
expended.
Duration of Construction
The principal residential structure residence shall be complete and available for occupancy
on or before eighteen (18) months after the commencement of construction and
construction activity must be continuous. Additional extensions shall be determined by
the ACC.
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Res 19-23
CHAPTER FOUR
DESIGN REVIEW PROCESS
Overall Intent
The design review process has been developed to insure that all new construction,
alterations and renovations to existing buildings and major site Improvements conform to
the guiding principles of The Knolls as outlined in the Design Guidelines. The design
review process has been structured to eliminate excessive delays. The ACC suggests that
property Owners begin the review process early to allow ample time to obtain required
permits. When reviewing design and construction projects, the ACC will be looking for
compliance with the principles outlined in this document.
Project Types for Review
New Construction
Construction of any new, freestanding structure, whether as a Residence, Accessory
Structure or landscape structure.
Alterations,Additions or Rehabilitation of an Existing Structure
Any new construction or rehabilitation to an existing building or landscape structure that
alters the original massing, exterior finishes, window placement, roof design, exterior
lighting,interior lighting visible from off-site and/or other significant design elements.
Major site and/or landscape Improvements
Any major Improvements or changes to Improvements, including, but not limited to,
grading(for any excavation and/or fill involving more than 50 cubic yards of dirt),planting
of non-native plants,tree removal,irrigation,swimming pools,driveways,fencing,paving
and/or drainage,that alter an existing landscape.
The ACC evaluates all development proposals on the basis of these Guidelines. Some of
the Guidelines are written as broad standards and the interpretation of these standards is
left up to the discretion of the ACC.
Design Review Process Overview
The Knoll's design review process,unless otherwise noted takes place in five steps.
1.Pre-Design Conference
2.Preliminary Design Review
3.Final Design Review
4. Construction Monitoring
5.Final Observations
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Res 19-23
Any Improvement as described above will require and be preceded by the submission of
plans and specifications describing the proposed Improvements and accompanied by an
application fee. The Owner is to retain competent assistance from a licensed Architect,
Arborist, Landscape Architect, Civil Engineer, Soils Engineer and a licensed and bonded
Contractor (Consultants) as appropriate. The Owner and Consultant(s) are to carefully
review the CC&R's and the Guidelines prior to commencing with the design review
process.
Having secured final design approval from the ACC, the Owner is to also meet all
submittal and approval requirements of the water utility company and the Town of
Westlake Planning and Building Departments to obtain any necessary building permits.
In accordance with the CC&Rs,the Owner is to commence construction within one year of
final design approval and is to diligently pursue completion of construction within a year
of start. Final landscape installation is to be completed within 3 months of occupancy.
Written approval from the ACC is required in order for any construction and/or
landscaping to extend beyond the time limits noted above.
Design Review Process-Minor Improvements
Minor Improvements(including,but not limited to,construction of,or addition to,fences,
walls, and/or enclosure structures),which are being completed independent of any major
Improvements,do not need to proceed through all four steps of the general design review
process. Minor Improvements may generally be submitted as part of a two-step review
process:
1.Final Design Review
2.Final Observation
Specific submission requirements and fees will be determined on a case-by-case basis as
required by the nature of the Improvement.Owners and/or Consultants should contact the
ACC to verify whether an Improvement qualifies for the abbreviated design review
process. Upon receipt of permission to proceed with an abbreviated process, the Owner
and/or Consultant will obtain a list of specific submission requirements from the ACC.
Exclusions to ACC review would be rehabilitation or maintenance of an existing structure
or landscaping elements. For example; replacement of dead plant material with same or
similar pre-approved plants;mulching or routine tree trimming;repainting same colors or
routine maintenance of structure.
Actions and Approvals
The ACC's actions on matters is to be by a majority vote of the ACC.Any action required
to be taken by the ACC may be taken regardless of its ability to meet as a quorum, if a
majority of the ACC is able to review the matter individually and come to a majority
opinion. In such cases, the ACC shall make every effort to facilitate a discussion of the
matter between all members through teleconferencing and/or other means of
communication.The ACC will keep and maintain a record of all actions taken by it.
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Res 19-23
If an Owner and/or Consultant disagrees with the ACC's written conclusions from a
meeting, the Owner and/or Consultant should list specifically,in writing,which portions
of the written record require clarification or correction. The ACC will then review the
requested clarifications or corrections and either amend the record accordingly or let it
stand,while noting the issues raised by the Owners and/or consultant(s).In the latter case,
a subsequent meeting shall be held between the Owner and the ACC to resolve the
difference in interpretation.However,the decision of the ACC will be final.
After the Declarant has delegated to the Board the appointment of ACC members, any
Owner may appeal ACC actions as described in the CC&Rs. The powers of the ACC
relating to design review will be in addition to all design review requirements imposed by
any other governing body with legal action.
Approved Design Professionals
In addition to the Declarant, The design team is to be comprised of the following
Consultants:
• Architect
• Landscape Architect
• Arborist
• Additional professional services such as Civil Engineer, as required.
Protocol for Approval of Architects
Architects and Landscape Architects may work on a particular Homesite at The Knolls
provided the conditions listed below are met.
1. Samples of previous residential work:
• The Architect is to provide the ACC with three recent examples of residential
designs that would generally meet the Design Guidelines.
• The Architect is to provide the ACC with a list of residential clients, general
contractors,structural and Civil Engineers(preferably three each)whom the ACC
may contact as references.
2.Affidavit on compliance with regulations:
• The Architect is to review The Knolls Design Guidelines.
• The Architect is to review the zoning and building regulations for the town of
Westlake.
• The Architect is to provide the ACC with a signed copy of the Affidavit, available
from the ACC office, certifying that he/she has reviewed and understood the
documents referred to above and will comply with their provisions.
3.Approval by ACC:
• The ACC shall have sole discretion to approve or disapprove any Architect
submitted by an Owner. The ACC may disapprove an Architect if in the ACC's
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Res 19-23
reasonable opinion, the Architect does not have the qualifications, training,
license, experience or understanding of the design requirements to execute the
design and construction of a residence at The Knolls.
• The ACC shall have the sole and absolute discretion to include an Architect on its
list of Invited Architects. The approval of an Architect to design a particular
residence for a particular client does not require the ACC to approve him/her for
any other Owner.
Pre-Design Conference
Prior to preparing any drawings for a proposed project, the Owner,Architect,Landscape
Architect and any other key project team members are to meet with at least one member
of the ACC or ACC Administrator to discuss the proposed project. During this meeting,
the ACC will explain to the project team their responsibilities in implementing the
Guidelines. This meeting will initiate the review and approval process and allow any
questions regarding building requirements,interpretation of the Guidelines or the design
review process to be resolved. The Owner may request that the meeting take place on the
Homesite. Prior to the Pre-Design Conference, the Owner is to have engaged the services
of an Architect and Landscape Architect and reviewed the Guidelines together with these
Consultants.The Owner and Architect,at a minimum, are to attend this initial meeting.
Additional information may be requested by the ACC as necessary to describe the project.
The Pre-Design Conference may be scheduled by submitting the Pre-Design Conference
Request Form at least ten(10)working days prior to the desired meeting date.
Preliminary Design Review
Within six months of the Pre-Design Conference, the Owner is to submit a written
application and preliminary design documents for Preliminary Design Review.A checklist
of the required preliminary design documents follows.
The Preliminary Design Review will insure that:
• All structures are sited to step with the topography,blend into the landscape and
minimize grading and site impact.
• The transition between the building and the surrounding environment
accomplishes the intent and specifics of the Guidelines.
• The roofs, massing, building materials, landscape materials and other site and
architectural Improvements are consistent with any adjoining buildings and/or
outdoor amenities and the Guidelines.
Conceptual Submissions(optional)
Owners and/or design representatives may choose to submit sketches and/or conceptual designs for
ACC feedback prior to submitting for Preliminary Design Review.
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Res 19-23
Preliminary Design Review Submission Materials
The Applicant is to prepare and submit to the ACC for review and approval a Preliminary
Design Review package, which adequately conveys (as appropriate): existing site
conditions,building orientation and design,vehicular and pedestrian access,the proposed
use of exterior materials and colors, and conceptual landscape design. The package shall
include one full-size sets and two sets of 11" x 17" reductions of the drawings and/or
materials listed below.
The following list describes the information that will be required for new construction
projects and for alteration, rehabilitation or additions to an existing structure. New
construction projects are to submit all items listed below. Submissions for additions to
existing buildings need only submit items 2 through 6. Submissions for the alteration
and/or rehabilitation of an existing structure and/or major landscape Improvements need
only submit items 5 and 6.
1. Preliminary Design Review Application Form - A completed application form.
(ATTACHMENT ONE)
2.Property Survey-(1"=20'-0"minimum scale),a property survey prepared by a licensed
surveyor indicating property boundaries; front, rear and side setbacks; the area of the
property and Improvement Envelope; all easements of record; all existing 4" caliper and
greater trees(as measured four(4)feet from the ground);and any significant drainages,as
applicable.
3. Site Plan - (1" = 20'-0" minimum scale), showing existing topography and proposed
grading and drainage (1' contour interval),building footprint with finished floor grades,
driveway, parking area, drainage, fences, walls, patios, decks, pools and any other site
amenities.Existing vegetation patterns,proposed clearance areas and trees to be removed
and/or preserved are to be indicated.
4.Floor and Roof Plans-(1/8"=1'-0"minimum scale,unless otherwise specified),including
all proposed uses, proposed walls, door and window locations, overall dimensions,
finished floor elevations,and total square footage for all floors of all structures.
5. Schematic Elevations - (1/8" = 1'-0" minimum scale), including Building Heights, roof
pitch,existing and finished grades and notation of exterior materials. In addition to black
and white elevations,one unbound set is to be rendered in color and illustrate shadows.
6. Conceptual Landscape Plan - (1" = 20'-0" minimum scale), a conceptual plan showing
irrigated areas, areas of planting, a preliminary plant list, extent of lawns, areas to be
revegetated, water features, patios, decks, courtyards, schematic utility layout, service
areas and any other significant design elements.
7. Study Model - (1/8" = 1' - 0" minimum scale), illustrating the relationship between
proposed and existing building forms and topography, tree heights and prevailing site
conditions. This need not be an expensively detailed model, but simply adequate to
communicate basic three-dimensional concepts. A three-dimensional computer
rendering(s)may be substituted to fulfill this requirement.
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Res 19-23
The ACC reserves the right to amend the Preliminary Design Review submission
requirements on a case-by-case basis as required by conditions and considerations
particular to each Homesite and/or building(s).
Staking and Tree Taping
Upon submittal of the Preliminary Design Review Application for all Improvements, the
Owner is to stake the corners of the proposed building,any proposed building additions,
all other major Improvements and driveway centerlines. The Preliminary Design Review
submission will not be considered complete until the building footprint and driveway are
staked.
Trees proposed for removal are to be marked in the field with red tape.Trees to be pruned
and/or limbed are to have blue tape tied to the limb and/or area of trimming. Trees
proposed for transplanting are to be taped with yellow ribbon and a stake placed in the
proposed location of transplant.
Preliminary Design Review Meeting
The Owner and/or Consultant(s) may attend the meeting but are not required to be
present.The ACC will review and comment on the application at the meeting, allow time
for discussion with the Owner and/or Consultant(s),and subsequently provide the Owner
with the conclusions of the meeting in writing.
The comments of the ACC on the preliminary approval shall not be binding upon either
the Owner or the ACC if approval is not initially granted. If there are significant changes
required, the ACC may determine that a second review meeting may be necessary to
review corrected and/or new materials prior to submitting for final plat. Corrected
materials must be provided to the ACC a minimum of five (5) working days prior to the
next regularly scheduled meeting.
Final Design Review
Within one year of Preliminary Design Review approval, the Owner is to initiate Final
Design Review by submitting the written application and final design documents. All
items are to be in compliance with the Guidelines prior to submitting for Final Design
Review.
Final Design Review Submission Materials
The Applicant is to prepare and submit to the ACC for review and approval a Final Design
Review package that adequately conveys compliance with the Guidelines. Final design
documents are to generally conform to the approved Preliminary Design Review
documents. All architectural plans are to be prepared by an Architect or approved
Designer.
The package is to include one full-size sets and two sets of 11" x 17" reductions of the
following drawings and/or materials. Submissions for new construction and additions to
existing buildings should submit all items listed below. Submissions for the alteration
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Res 19-23
and/or rehabilitation of an existing structure and/or major landscape Improvements need
only submit items 3 through 10 as applicable.
1. Final Design Review Application Form-A current application form,available from the
ACC office,is to be completed and submitted.
2. Site Plan - (1" = 20'-0" minimum scale) showing existing topography and proposed
grading and drainage (1' contour interval), building footprint (including accessory
structures) with finished floor grades, building setbacks, easements, driveway, address
marker, parking area, drainage, utilities, fences/walls, patios, decks, pools and any other
site amenities. Existing vegetation patterns (including extent of tree canopies), proposed
clearance areas and trees to be removed and/or preserved are to be indicated.
3. Grading, Drainage and Erosion Control Plans - (1" = 20'-0" minimum scale), showing
existing and proposed grades, all drainage structures and/or other drainage design
solutions, and cut and fill calculations. Plans are to also indicate the size of stockpiles,
where they are to be located on the Construction Site and the length of time they will
remain.The extent and location of sediment fencing and measures taken to control erosion
during grading and construction are also to be indicated.
4. Foundation, Floor and Roof Plans - (1/8" = 1'-0" minimum scale, unless otherwise
specified), for all buildings, including all proposed uses, room dimensions, total square
footage for conditioned and unconditioned spaces,door and window locations and sizes,
location and type of all exterior lighting fixtures. Roof plans are to indicate ridge
elevations,roof pitches and locations of drainage systems,chimneys,vents,flues,satellites,
antennas, and solar panels. Visual screening of satellites, antennas and solar panels is to
likewise be addressed.
5.Elevations-(1/8"=1 '-0"minimum scale),illustrating the exterior appearance of all views
labeled in accordance with the site plan. Indicate the height of chimney(s) as compared
with the ridge of the roof, the highest ridge of the roof, finished floor elevations, and
existing and finished grades for each elevation.Describe all exterior materials,colors,and
finishes(walls,roofs,trim,chimneys,windows, doors,light fixtures,etc.).
6.Landscape Plans-(1"=20'-0"minimum scale),including irrigation plans with locations
of main irrigation lines, areas of automatic irrigation, type of controls and type of heads;
proposed plant materials, sizes, and locations; trees to be removed; tree protection plan;
areas of planting,water features,patios,decks,courtyards,utility layout,service areas and
any other significant design elements.
7. Lighting Plan - (1/8" = 1'-0" minimum scale), including locations of all exterior
architectural and landscape light fixtures. Cut sheets are to be submitted for all proposed
fixtures and bulb types, including wattage and lumen specifications for each fixture and
the total lumen output calculation for the Homesite.
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Res 19-23
8. Sample Board(as applicable)-including:
• Roof materials and colors
• Wall materials and colors
• Exterior trim material and color
• Window material and color
• Exterior door material and color
• Stone/rock materials
• Exterior rails,fencing,and paving materials
• Lighting fixture cut sheets
10. Construction Schedule - include start and completion dates for both building and
landscape construction.
The ACC reserves the right to amend the Final Design Review submission requirements
on a case-by-case basis as required by conditions and considerations particular to each
specific project and/or property.
Staking and Tree Taping
Upon submittal of Final Design Review documents, Applicants are to re-stake the
buildings,if the building footprint has been altered from that staked at Preliminary Design
Review or if requested by the ACC.The Applicant is to contact the ACC prior to submitting
final design documents to confirm staking requirements.
Trees proposed for removal are to be marked in the field with red tape.Trees to be pruned
and/or limbed are to have blue tape tied to the limb and/or area of trimming.
Trees proposed for transplanting are to be taped with yellow ribbon and a stake placed in
the proposed location of transplant.
Final Design Review Meeting
The Owner and/or Consultant(s) may attend the meeting but are not required to be
present.The ACC will review and comment on the application at the meeting, allow time
for discussion with the Owner and/or Consultant(s),and subsequently provide the Owner
with an approval or conclusive recommendations in writing for refinements to the design.
A second review meeting may be necessary to review corrected and/or new materials.
Corrected materials are to be provided to the ACC a minimum of five (5) working days
prior to the next regularly scheduled meeting.
Final Design Approval
The ACC will issue final design approval in writing.Construction must commence within
twelve (12) months of final design approval. Past the twelves months, the owner is
required to provide an affidavit that plans are intact and unchanged.
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Res 19-23
Changes to Approved Plans
The Knolls Residential CC&R's contain provisions that any improvements by property
Owner must conform with approved plans. Therefore, the final approval of a proposed
design constitutes an agreement with the Association that the proposed home or
modification to a home be consistent with the approved plans and specifications.The ACC,
however,understands that the construction process may ultimately result in either a need
or desire to make a change in the approved drawings and will welcome the opportunity
to review proposed changes. In the event a change is desired, the Owner, Contractor or
Architect must submit the proposed changes in a graphic form to the ACC for review.The
ACC will work in a reasonable manner to respond to a request for change as quickly as
possible,but the review process will remain consistent with the aforementioned policies
and guidelines.Applications for changes to approved plans shall include the following:
• A clear statement of the scope of the requested change
• A statement supporting the reasons for the change.
• Appropriate graphic materials illustrating the change.
Note: If changes are made to approved drawings without ACC review and approval, a
stop work notice may be posted on the project until such time as the required approval is
obtained. To avert delays in construction, submit changes as early as possible for ACC
approval.
Re-submittal of Plans
In the event that final submittals are not approved by the ACC,the Owner will follow the
same procedures for a resubmission as for original submittals.An additional design review
fee is to accompany each resubmission as required by the ACC.
Subsequent Changes
Subsequent construction,landscaping or other changes in the intended Improvements that
differ from approved final design documents, sample boards or the mock-up are to be
submitted to the ACC for review and approval prior to making changes.
Work in Progress Observations
During construction,the ACC will check construction to ensure compliance with approved
final design documents. If changes or alterations have been found that have not been
approved,the ACC will issue a Notice to Comply.
Notice to Comply
In the event that the ACC finds changes and/or alterations during the Construction
Monitoring process that have not been approved,the DRC will issue a Notice to Comply.
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Res 19-23
Notice of Completion
Upon completion of construction of the Residence and the landscaping,the Owner and/or
Contractor will submit to the ACC a Final Observation Request form for any
Improvement(s) given final design approval by the ACC. The ACC will make a final
inspection of the property within ten(10)working days of notification,weather permitting.
Construction deposit will be returned at this time.
Right of Waiver
The ACC recognizes that each Homesite and/or Building has its own characteristics and
that each Owner has their own individual needs and desires.For this reason,the ACC has
the authority to approve deviations from portions of the Guidelines. It should be
understood,however,that any request to deviate from these Guidelines will be evaluated
at the sole discretion of the ACC. Prior to the ACC approving any deviation from the
Design Guidelines,it must be demonstrated that the proposal is consistent with the overall
objectives of these Design Guidelines and that the deviation will not adversely affect
adjoining properties or The Knolls as a whole. The ACC also reserves the right to waive
any of the procedural steps outlined in the Guidelines provided that the Owner
demonstrates there is good cause.
Non-Waiver, No Inadvertent Precedents
An approval by the ACC of drawings, specifications or work done or proposed, or in
connection with other matters requiring approval under the Guidelines, including a
waiver by the ACC, shall not be deemed to constitute a waiver of the right to withhold
subsequent approval. For example, the ACC may disapprove an item shown in the final
design submittal even though it may have been evident and could have been,but was not,
disapproved at the Preliminary Design Review. An oversight by the ACC of non-
compliance at any time during the review process,construction process or during its final
inspection does not relieve the Owner/Developer from compliance with these Guidelines
and all other applicable codes,ordinances and laws.
Any error, omission or misjudgment by the ACC in any one instance shall not constitute
the creation of a precedent governing future approvals and decisions. The ACC reserves
the right to learn from any such errors or misjudgments and shall not be required to
approve repetitions of them.
Non-Liability
The ACC or any member,employee or agent of the ACC will not be liable to any party for
any action,or failure to act with respect to any matter if such action or failure to act was in
good faith and without malice.
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Res 19-23
Design Review Schedule
The ACC will make every reasonable effort to comply with the time schedule for design
review. However, the ACC will not be liable for delays that are caused by circumstances
beyond their control. The ACC will provide design review according to the following
schedule:
1.Pre-Design Conference
• Meeting scheduled within ten(10)working days of receipt of Pre-Design
• Conference request form.
2.Preliminary Design Review
• Application documents to be submitted ten (10) working days prior to the next
scheduled ACC meeting.
• The ACC shall meet within twenty (20) working days to consider a complete
application.
3.Final Design Review
• Application documents to be submitted ten (10) working days prior to the next
scheduled ACC meeting and within one year of preliminary design approval
• The ACC shall meet within fifteen (15) working days to consider a complete
application.
• A second review meeting may be necessary to review corrected and/or new
materials. Corrected materials will be provided to the ACC a minimum of five(5)
working days prior to the next regularly scheduled meeting.
4.Minor Improvement
• Application documents to be submitted a minimum of seven (7) working days
prior to the next scheduled ACC meeting.
• Written comments from the ACC meeting provided to Owner within seven (7)
working days.
• A second review meeting may be deemed necessary by the ACC to review
refinements,revisions and/or new materials.These materials must be provided to
the ACC a minimum of five(5)working days prior to the next regularly scheduled
meeting.
• Written comments and/or notice of final design approval provided by ACC to
Owner within seven(7)working days of the review meeting.
5.Construction Observations
• Site Observation with the Contractor prior to any site disturbance, and within
seven(7)working days of receipt of written request.
• Foundation/Mock-Up Observation within seven (7) working days of receipt of
written request.
75
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• Final Construction Observation within seven(7)working days of receipt of written
request.
• Notice of Completion issued within seven (7) working days of approved Final
Landscape Observations.
Plan Submittals and Review Fees
New residential home construction within The Knolls will utilize the process described in
this section.No Improvements may be commenced until the Owner has received a written
"Approval" from the ACC.
Construction Security Deposit
In order to ensure an owner's compliance with the documents,each owner shall pay to the
Association a construction deposit (in an amount established by the Board from time to
time)upon the owner's submission of final plans and specifications for the construction or
modification of an improvement under these Guidelines. Currently, the construction
deposit for new construction is$25,000 and$12,500 for remodels,additions or expansions.
Said funds shall be held in escrow.Upon final inspection by the ACC and compliance with
the approved plans and completion of all landscape and site requirements, the deposit
shall be returned net of any Association draws as described below. The Association may
draw against the deposit to repair or replace damages to Open Spaces,Association owned
improvements including gates, curbs, streetlights,landscape and irrigations systems.The
deposit may also be utilized for site clean-up, repairs or replacements to erosion control
devices and the like if owner or builder fail to keep the construction site clean or fails to
keep mud and silt from the streets and Open Spaces.
New or Revision House-Start ACC Application-$2,500 per application
Submittal process: Current ACC application completely filled out, plot plan attached (no
plans required), and a check per application mailed or delivered to the ACC. Revisions
will be charged same as a new submittal.
Master Plans ACC Submittal-$500 per package
Submittal process: These packages usually occur when a builder enters a community, or
changes product. All plans are to be submitted on ledger paper 11x16 or half size sets.
Plans must include all elevations, roof pitch, brick/stone/stucco/siding percentages, and
dimensional page for house width. Please include a submittal letter explaining the
section(s) and specifics of the review. Mail or deliver the plan sets along with a check to
the ACC.
***Plans are reviewed in advance by the ACC.***
Additional/New ACC Plan Review-$500 per plan
Submittal process:Mail or deliver half size or 11x16 set of plans that include all elevations,
roof pitch, brick/stone/stucco/siding percentages, and a dimensional page. Include a
submittal letter describing the request along with a check per each plan to be reviewed to
the ACC.
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Res 19-23
Variance ACC Review-$250 per variance
Submittal process:Variance request letters must include the legal address, street address,
and a description of the variance,i.e.measurements,etc.Mail or deliver the letter and any
supportive materials(plot plan)along with a check to the ACC.
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Res 19-23
ATTACHMENT ONE
ACC APPLICATION
Deliver to:
ACC c/o
Address
Date:
Lot: Block: Phase: Section:
Plan#: Bedrooms: Baths:
Address:
Lot Plan Attached: (Please Circle) Yes/No
1st Floor Masonry% 2,,a Floor Masonry%
Chimney:
(Please Circle) Yes/No Masonry
Fencing Type:
Stone Manufacturer and Color:
Brick Manufacturer and Color:
Roof Pitch: Roof Color: Roof Material:
Paint Color:
Fill in the information if different from color above
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Res 19-23
Trim Color: Door Color:
Shutters Color: Garage Color:
Square Footage of House: House Width:
Front Retaining Wall:
(Please Circle)Yes/No Deck: Yes/No
Patio: square feet
Comments:
Builder Name/Contact Information:
By: Approval Date:
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ATTACHMENT TWO
THE KNOLLS AT SOLANA SUPPLEMENT TO THE DESIGN GUIDELINES
Shared side yard retaining wall rule
These rules shall set forth the responsibilities of adjacent lot owners and are
applicable for lots with cross slopes such that the natural grade falls across the
street face or width of the lot.
Project Consistent Stone
All retaining walls constructed on a property line shall be constructed or faced
with the stone designated as the community stone. This stone specification shall
also apply to any wall visible to a street. The project stone is hereby designated to
be available from quarry or as sourced
by lot owner to be consistent in type.
Wall Location
Where retaining walls are constructed alongside lot lines to either facilitate fill on
the uphill lot or cut on the downhill lot,the wall shall be located wholly within the
lot where the construction activity first occurs. In other words, if the uphill lot is
developed first, then builder shall construct the retaining wall within the uphill
lot. If the downhill lot is developed first and desires to cut into the slope, thus
requiring a retaining wall to withhold the natural grade, the wall shall be wholly
located within the downhill lot unless mutually agreed to in writing by the
adjacent lot owners. The cost of the retaining wall shall be borne by the owner of
the lot where the wall is constructed subject to the following criteria:
Cost Sharing
If a lot owner constructs a residence on any lot whereby the natural grade is
unaltered a side lot line, that lot owner is exempt from participating in any
retaining wall cost that the adjacent lot owner may construct. Refer to diagram
"A". In diagram "A" the owner of lot 1 did not alter grades at either side yard lot
line, and therefore would not participate in any side yard retaining wall costs.
They would pay for 50%of each side yard fence.
If two adjacent lots are both altered from natural grade whereby the uphill lot and
the downhill lot both require the shared side yard retaining wall as illustrated in
diagram "B",then the cost of the wall shall be shared 50/50 by both lot owners. In
diagram"B",both lot owner 1 and 2 have altered the grade at their common side
property line and therefore both contribute equally to the cost of the shared wall.
The owner of the lot to be developed first shall fund the full cost of the wall. The
lot owner shall provide the ARC, or their designate, an invoice showing the full
cost of the side yard wall.At such time as the adjacent lot is developed,the owner
of that lot shall remit a reimbursement of 50% of that wall to the ARC at the time
80
Res 19-23
the construction deposit is paid to the ARC. The ARC shall remit the
reimbursement to the lot owner who constructed the wall. Any agreement to the
contrary must be made in writing prior to the wall construction, signed by both
lot owners and provided to the ARC. The obligation to reimburse shall attach to
the lot and the ARC shall be able to lien the lot owing the reimbursement.
Shared Fences
All side yard retaining walls shall be constructed with corings at 8 ft on center to
receive fence posts for a steel picket fence as described in the Design Guidelines.
Regardless of whether a retaining wall is constructed along a side yard lot line,
any fence that is installed along a side yard lot line shall be shared 50/50 by both
lot owners.
The fence shall be installed as part of the retaining wall construction regardless of
whether the wall was constructed by the uphill or downhill lot owner.
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Res 19-23
The Knolls at Solana
Retaining Wall retaining wall rule
1
1
Diagram "A"
i
Diagram "B"
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Res 19-23
ATTACHMENT THREE
NORTH TEXAS PLANT LIST
The following list should be used as a starting point for selecting plants in The Knolls.
Requirements for specific Lots may be more or less restrictive depending on landscape
indigenous to the immediate site and the location of the site within the Property.
Canopy Trees at Street/Lot:
Shumard Red Oak(Quercus shumardii)
Live Oak(Quercus virginiana)
Chinquapin Oak(Quercus muehlenbergii)
Lacebark Elm(Ulmus parvifolia)
Cedar Elm(Ulmus crassifolia)
Allee Elm(Ulmus parvifolia 'Emer II')
Texas Ash(Fraxinus texensis)
White Ash(Fraxinus americana)
Canopy Trees at Open Spaces:
Bald Cypress(Taxodium distichum)
Bur Oak(Quercus macrocarpa)
Lacey Oak(Quercus laceyi)
Ornamental Trees:
Desert Willow(Chilopsis linearis)
Thornless Mesquite(
Mexican Plum(Prunus mexicana)
Redbud(Redbud spp.)
Yaupon Holly(Ilex vomitoria)
Possomhaw Holly(Ilex decidua)
Eastern Red Cedar(juniperus virginiana)
Vitex(Vitex agnus)
Crape Myrtle(Lagerstroemia indica)
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Shrubs:
Abelia spp. (Abelia)
Cast Iron Plan(Aspidistra elatior)
Coral Beauty Cotoneaster(Cotoneaster dammeri)
Agarito(Mahonia trifoliolata)
American Beautyberry(Callicarpa Americana)
Apache Plume(Fallugia paradoxa)
Autumn Sage(Salvia greggii)
Dwarf Wax Myrtle(Myrica pussila)
Flame Acanthus(Anisacanthus wrightii)
Fragrant Sumac(Rhus aromatic)
Pale Leaf Yucca(Yucca pallida)
Red Yucca(Hesperaloe parviflora)
Smooth Sumac(Rhus glabra)
Texas Barberry(Mahonia swaseyi)
Texas Sage(Leucophyllum frutescens)
Turk's Cap(Malvaviscus drummondii)
Grasses:
Switchgrass(Panicum virgatum)
Big Bluestem(Andropogon gerardii)
Bushy Bluestem(Androphgon glomeratus)
Eastern Gamagrass(Tripsacum dactyloides)
Gulf Muhly(Muhlenbergia capillaris)
Indiangrass(Sorghastrum nutans)
Inland Seaoats(Chasmanthium latifolium)
Lindheimer Muhly(Muhlenbergia lindheimeri)
Little Bluestem(Schizachyrium scoparium)
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Perennials:
Black Eyed Susan(Rudbeckia hirta)
Blackfoot Daisy(Melampodium leucanthum)
Blue Mist Flower(Eupatorium greggii)
Butterfly Weed(Asclepias tuberosa)
Cardinal Flower(Lobelia cardinalis)
Coreopsis(Coreopsis lanceolata)
Fall Obedient Plant(Physostegia virginiana)
Four-nerve Daisy(Hymenoxys scaposa)
Fragrant Phlox(Phlox pilosa)
Cedar Sage(Salvia roemeriana)
Mealy Blue Sage(Salvia farinacea)
Prairie Verbena(Verbena bipinnatifida)
Purple Coneflower(Echinacea spp.)
Rockrose(Pavonia lasiopetala)
Ruellia(Ruellia spp.)
Scarlet Sage(Salvia coccinea)
Texas Lantana(Lantana horrida)
Winecup(Callirhoe involuncrata)
Yellow Columbine(Aquilegia spp.)
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Canopy Trees at Street/Lot:
Shumard Red Oak(Quercus shumardii)— Lacebark Elm(Ulmus parvifolia)
Live Oak(Quercus virginiana)- Cedar Elm(Ulmus crassifolia)-
II.
ri
Chinquapin Oak(Quercus muehlenbergii) Allee Elm(Ulmus parvifolia 'Emer II')
r
n
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Res 19-23
Texas Ash(Fraxinus texensis) Bur Oak(Quercus macrocarpa)
Jill,
White Ash(Fraxinus americana) Lacey Oak(Quercus laceyi)
J
f;
Canopy Trees at Open Spaces: Ornamental Trees:
Bald Cypress(Taxodium distichum) Desert Willow(Chilopsis linearis)
F•
a �
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Res 19-23
Thornless Mesquite Yaupon Holly(Ilex vomitoria)
«. l
X
Mexican Plum(Prunus mexicana) Possomhaw Holly(Ilex decidua)
r
Redbud(Redbud spp.) Eastern Red Cedar(Juniperus virginiana)
I _
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I
Res 19-23
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Grasses:
Switchgrass(Panicum virgatum) Eastern Gamagrass(Tripsacum dactyloides)
1
.u�
Big Bluestem(Andropogon gerardii) Gulf Muhly(Muhlenbergia capillaris)
9
Bushy Bluestem(Androphgon glomeratus) Indiangrass(Sorghastrum nutans)
r
1
,td
f 1..
77r.4w<Pr
92
Res 19-23
Perennials
Inland Seaoats(Chasmanthium latifolium) Black Eyed Susan(Rudbeckia hirta)
k -
Lindheimer Muhly(Muhlenbergia lindheimeri) Blackfoot Daisy(Melampodium leucanthum)
r
„
_4
2
A
Little Bluestem(Schizachyrium scoparium) Blue Mist Flower(Eupatorium greggii)
'''
93
Res 19-23
Butterfly Weed(Asclepias tuberosa) Fall Obedient Plant(Physostegia virginiana)
Cardinal Flower(Lobelia cardinalis) Four-nerve Daisy(Hymenoxys scaposa)
h
Coreopsis(Coreopsis lanceolata) Fragrant Phlox(Phlox pilosa)
� 1 w
rdPS
r 1 �
94
Res 19-23
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p• rf �}�, � Et`, � �/1�1.���`��. l�'.. �R Y1 f.rl r,
Scarlet Sage(Salvia coccinea) Yellow Columbine(Aquilegia spp.)
� reps
Texas Lantana(Lantana horrida)
a
L
Winecup(Callirhoe involuncrata)
t
v•'
96
Res 19-23