HomeMy WebLinkAboutCovenants & Conditions DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR OAKLAND RIDGE SUBDIVISION,PHASE 1
THE STATE OF TEXAS
COUNTY OF BRAZOS
WHEREAS Oakland Ridge Partners, LLC, is the Owner of that certain tract or parcel of real property lying and being
situated in Brazos County,Texas consisting of 39.873 acres of land, more or less,the same now known as Oakland
Ridge Subdivision(the Property)the same having been platted as recorded n Volume Page , Official
Records of Brazos County.Texas; and
WHEREAS, Developer desires to create upon the Property a residential community and carry out a uniform plan
for the Improvement and development of the Property for the benefit of the present and all future owners thereof;
and
WHEREAS Developer desires to impose upon said Property certain protective covenants,conditions, restrictions,
liens and charges as deemed appropriate and to retain the right to modify said covenants,conditions, restrictions and
charges from phase to phase as appropriate to be commensurate with Developer's purposes and to comply with
governmental codes and regulations.
NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS,that it is hereby declared(i)that all of the Property
shall be held,sold,conveyed and occupied subject to the following covenants,conditions,restrictions, liens and
charges,which are for the purpose of protecting the value and desirability of, and which shall run with the
Property and which shall be binding on all parties having any right, title, or interest in or to the Property or
any part thereof,their heirs, successors, and assigns, and which shall inure to the benefit of each owner thereof;
and(ii)that each contract or deed that may hereafter be executed with regard to the Property or any portion thereof
shall 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 or referred to in said contractor deed.
ARTICLE I
DEFINITIONS
Unless the context specifies or requires otherwise,the following words and phrases when used in this Declaration shall
have the meanings hereinafter specified:
Architectural Control Committee
"Architectural Control Committee"shall mean the committee of the Oakland Ridge Homeowner's Association created
pursuant to the Declaration to review and approve plans for the construction of Improvements upon the property. Until the
"transition date",the Architectural Control Committee,alone,shall be responsible for enforcement of the covenants
restrictions and rules of this document.
Association
"Association"shall mean Oakland Ridge Homeowner's Association,Inc.,a Texas non-profit corporation,their successors
and/or assigns.
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Board
"Board" shall mean a group of elected members of the Association that shall oversee the actions and
business of the Association.
Builder
"Builder"shall mean any person who purchases one or more units for the purpose of constructing Improvements for later
sale to consumers,or who purchases one or more parcels of land within the Development for further subdivision,
development,and/or resale in the ordinary course of such person's business.
Common Area
"Common Area"shall mean a portion of the development benefitting all Owners of the neighborhood.
Declarant or Developer
"Declarant"or"Developer"shall mean Oakland Ridge Partners,LLC,a Texas limited liability company or any successor or
assign who takes title to any portion of the property for the purpose of development and/or sale and who is designated as
Declarant in a recorded instrument executed by the immediately preceding Declarant.
Dwelling
"Dwelling"shall mean any structures and appurtenances thereto intended as a residence for a single family.
Improvement
"Improvement"shall mean structures and appurtenances thereto of every type and kind;the demolition or
destruction by voluntary action of any such structure or appurtenance thereto;any grading,excavation,filling or similar
disturbance of the surface of the land;landscaping,planting and clearing,or removing of trees,shrubs,grass,or foliage;
and any change or alteration of any dwelling including change of material, exterior appearance,color or texture,including
roofs,outbuildings,patios,decks,etc.
Lot
"Lot"shall mean a numbered Lot on the plat of Oakland Ridge Subdivision filed of record in the Official Records of Brazos
County.Texas.
Owner/Builder
"Owner or Owner/Builder"shall mean one or more persons who hold the record title to any unit, but
excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a unit is
sold under a recorded contract of sale and the contract specifically so provides,the purchaser(rather than the fee
Owner)will be considered the Owner.
Residence
"Residence"shall mean a unit together with any Common Area appurtenant thereto developed and/or constructed
as a dwelling. However, if any portion of Oakland Ridge Subdivision is developed as a condominium project,
"Residence"shall also mean a Condominium as such to portion, and if any portion of Oakland Ridge Subdivision
is developed as an apartment project, "Residence"shall then also mean an apartment unit as to such portion.
Unit
"Unit"shall mean a portion of the property,whether improved or unimproved,which may be independently owned or
leased and is intended for development,use and occupancy as an attached or detached residence.The term shall also
refer to the land,if any,which is part of the unit as well as any Improvements thereon.In the case of a building within a
condominium or other structure containing multiple dwellings,each dwelling shall be deemed to be a separate unit.
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In the case of a parcel of vacant land or land on which Improvements are under construction,the parcel shall be
deemed to contain the number of units designated for residential use for such parcel on the land use plan or the site
plan approved the Declarant,whichever is more recent, until such time as a preliminary and final plat is filed of record
on all or a portion of the parcel.
Thereafter, the portion encompassed by the most recent plat shall contain the number of units determined as set
forth in the preceding paragraph and any portion not encompassed by such plats shall continue to be treated
in accordance with this paragraph.
ARTICLE II
DEVELOPMENT OF THE PROPERTY
2.01 Development by Developer. Developer may divide or subdivide the Property into several areas,
develop a portion of the Property, and, at Developer's option, sell any portion of the Property free of the restrictions
set forth in this Declaration.
2.02 Addition of Land. Developer may, at any time and from time to time, add any other lands to The
Property, and upon such addition, this Declaration and the covenants, conditions, restrictions and obligations set forth
herein shall apply to the added land and any person or entity acquiring title to any or all of the added land, with said
person or entity having the same rights, privileges, duties and liabilities of other persons subject to this Declaration
except as specifically modified in a Supplemental Declaration. In order to add lands to The Property hereunder,
Declarant shall be required only to record in the Official Records of Brazos County, Texas, a notice of addition of land
(the"Supplemental Declaration)containing the following provisions:
A. A reference to this Declaration,which shall state the book and page numbers of the Official
Records of Brazos County wherein this Declaration is recorded;
B. A statement that the provisions of the Declaration shall apply to the added land,except as
modified by the Supplemental Declaration;and
C. A legal description of the added land.
2.03 Withdrawal of Land. Developer may, at any time and from time to time, reduce or withdraw areas
owned by it from the Property,and upon such withdrawal,this Declaration and the covenants,conditions,restrictions
and obligations set forth herein shall no longer apply to those lands withdrawn.In order to withdraw lands from the
Property hereunder,Declarant shall be required only to record in the Official Records of Brazos County,Texas a
notice of withdrawal of land containing the following provisions:
A. A reference to this Declaration, which shall state the book and page numbers of the
Official Records of Brazos County wherein this Declaration is recorded;
B. A statement that the provisions of the Declaration shall no longer apply to the withdrawn
land; and
C. A legal description of the withdrawn land.
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ARTICLE III
GENERAL USE RESTRICTIONS
All of the Property shall be owned,held,encumbered,leased,used,occupied,and enjoyed subject to the following
limitations and restrictions. Violation of any of these limitation and restrictions shall be determined by the
Association,whose decision shall be in accordance with this Declaration and its covenants.
3.01 Construction of Improvements and Residential Design Requirements. Pursuant to Article IV
below,the Architectural Control Committee shall utilize and adhere to the Residential Design Requirements("Design
Requirements'),to govern the construction of Improvements upon the Property.The Requirements may be modified,
amended, or restated by the Association. In the event of any conflict between the terms and provisions of the
Design Requirements and the terms and provisions of this Declaration,the terms and provisions of this Declaration
shall control. In addition,the Architectural Control Committee shall 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 shall be held by the Architectural Control Committee and used to defray the administrative
expenses incurred by the Architectural Control Committee in performing its duties hereunder; provided, however,
that any excess funds held by the Architectural Control Committee shall be distributed to the Association at the end
of each calendar year.The Architectural Control Committee shall not be required to review any plans until a complete
submittal package(See 4.05.6), as required by this Declaration, is assembled and submitted to the Architectural
Control Committee.
No Improvements of any land shall hereafter be placed, maintained, erected or constructed upon any of the Property
by anyone other than the Declarant,without the prior written approval of the Architectural Control Committee. No
modifications, alterations, remodeling that alters or modifies the exterior appearance of any Improvements, or the
removal of any Improvements within the Property shall be performed without the written approval of the
Architectural Control Committee.
3.02 Maintenance and Repair of Improvements. All Improvements upon the Property that are not
maintained by the Association shall at all times be kept in good condition and repair adequately maintained by the
Owner thereof and the enforcement of such conditions and repairs shall be by the Association. The opinion of the
Homeowner's Association as to condition and repair shall be final.
3.03 Residential Use. All platted residential Lots shall be improved and used solely for single family
residential purposes. No Owner shall occupy or use his Lot or any Improvements constructed thereon,or permit the
same part thereof to be occupied or used for any purposes,including but not limited to religious and/or daycare
facilities,other than as a private residence for the Owner,his family,his guests or tenants. When dwellings are
leased,there shall be no more unrelated tenants than there are number of bedrooms. All Lots within the Property
shall be used and improved and solely for single family residential purposes with no more than 1 (one)detached
residential dwelling unit per Lot unless designated by Developer. Anything herein to the contrary notwithstanding,any
Lot may be used or improved for greenbelt,open space and/or drainfield purposes.
3.04 Subdividing. No Lot shall be further divided or subdivided, nor may any easement or other
interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the
Association; provided however,that when Declarant Is Owner thereof, Declarant may further divide and subdivide any
Lot and convey an easement or other interest less than the whole, all without the approval of the Association.
3.05 Insurance Rates. Nothing shall be done or kept on the Property that would increase the rate of
casualty or liability insurance or cause the cancellation of any such Insurance on any Lot or any of the Improvements
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located thereon without the prior written approval of the Declarant or the Association.
3.06 Signs. No sign of any kind shall be displayed to the public view on the Property without the prior
written approval of the Association, except for the following:
A. Signs which are part of the Declarant's overall marketing plan for the Property;
B. 1 (one)sign per Lot, not exceeding 2'(two feet)x 3'(three feet)in area,fastened only to a stake
in the ground and extending not more than 3' (three feet)above the surface of such Lot
advertising the property for sale or lease;
C. No more than two political signs, not exceeding 2'x 3'in area per each sign, per Lot advocating
the election of one or more political candidates or the sponsorship of a political party, issue or
proposal, provided that such signs shall not be erected more than 30(thirty)days in advance
of the election to which they pertain and shall be removed within 3(three)days after such
election;
D. Signs containing information about one or more children residing in the residence on a Lot and
the school they attend, provided the sign is not more than 36"(thirty-six inches)x 38"(thirty-eight
inches)and is fastened only to a stake in the ground and there shall be no more than one sign
for each child under the age of 18(eighteen)years of age residing in the residence,with said
signs not being displayed more than 10(ten)days in any calendar month,for more than 3
(three) months in a calendar year;
E. Signs or stickers provided to an Owner by a commercial security or alarm company providing
service to the residence, provided the sign is not more than 8"(eight inches)x 8"(eight inches)
or the sticker is no more than 4"(four inches)x 4"(four inches)and there shall be no more than 1
(one)sign and no more than 6(six)stickers located on the windows or doors;
F. Stickers on windows and doors for the"Child Find"program or similar program sponsored by a
local police and/or fire department or;
G. A builder or lender may place certain information and advertising signs on Lots without the
prior permission of the Association, so long as such signs do not violate any other
provisions of this Declaration.
If any sign is placed within the subdivision in violation of this Declaration,the Association or its agents shall be
authorized to enter upon any Lot and remove and/or dispose of any such violation, and in doing so shall not be
subject to any liability for trespass, other tort or damages in connection with or arising from such entry, removal
and/or disposal nor in any way shall the Association or its agent be liable for any accounting or other claim for such
action(See 5.04.E).
3.07 Rubbish and Debris. No rubbish or debris or any kind shall be placed or permitted to accumulate
upon the property and no odors shall be permitted to arise there from so as to render the Property or any portion
thereof unsanitary, unsightly, offensive or detrimental to any other property or to its occupants. Refuse, garbage and
trash shall be kept at all times in covered containers and such containers shall be kept within enclosed structures or
screened from view from the street, adjoining Lots and other parts of the Property. If rubbish or debris
accumulates upon any Lot in violation of this provision in the judgment of the Association, the Association
may remove the rubbish or debris, and charge a special assessment to the Owner of the lot. (See 5.04.E)
3.08 Noise. 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 occupants.
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3.09 Nuisance. No noxious or offensive activity or work shall be conducted upon any Lot so as to
impair the structural soundness or integrity of any Improvement of any other, or which may be or may become an
annoyance or nuisance to the neighborhood.
3.10 Lighting. No lighting of any kind shall be installed or maintained on a Lot where the light source is
offensive or a nuisance to neighboring property, except for reasonable night lighting or landscape lighting that has
the approval of the Architectural Control Committee. Seasonal lighting may be placed on the property no more
than 30(thirty)days prior to the holiday to which it pertains and shall be removed within 30(thirty)days after the
holiday.
3.11 Tanks. The Architectural Control Committee shall have the right to approve the location of any
tank used or proposed in connection with a single family residential structure, including tanks for storage of fuel,
water, oil or LPG and including swimming pool filter tanks. (No elevated tanks of any kind shall be erected, placed, or
permitted on any lot). All tanks shall be screened so as not to be visible from any adjoining Lot or street or other parts
of the Property.
3.12 Underground Utility Lines. Except where Developer has erected or will erect overhead utility lines
per the development plan, no utility lines, including,but not limited to,wires or other devices for the communication
or transmission of telephone or electric current or power,cable television or any other type of line or wire shall be
erected, placed or maintained anywhere in or upon any portion of the Property unless the same shall be contained in
conduit or cables installed and maintained underground or concealed in,under or on Improvements as approved in
writing by the Architectural Control Committee,provided,however,that no provision hereof shall be deemed to forbid
the erection of temporary power or telephone structures incident to the construction of Improvements as approved in
writing by the Architectural Control Committee.The installation method,including but not limited to location,type of
installation equipment trenching method and other aspects of installation for both temporary and permanent utilities,
shall be subject to review and approval by the Architectural Control Committee.
3.13 Drainage. There shall be no interference with the established drainage patterns over any of the
Property, except by Declarant, unless adequate provision is made for proper drainage and approved in writing by the
Architectural Control Committee.
3.14 Hazardous Activities. No activities may be conducted on the Property and no Improvements
constructed on the Property that are or might be unsafe or hazardous to any person or property.Without limiting the
generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, and no open fires shall
be lighted or permitted except within safe and well-designed exterior fireplaces or in contained barbecue pits which
are attended while in use and are used for cooking purposes only.
3.15 Mining and Drilling. No portion of the Properly shall be used for the purpose of mining, quarrying,
drilling, boring, or exploring for or removing water, oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones,
sand, gravel, aggregate, or earth.
3.16 Temporary Structures. No tent,shack, or other temporary building, Improvement, or structure
shall be placed upon,the Property without the written approval of the Architectural Control Committee; provided,
however,that temporary structures necessary for storage of tools and equipment for office space for architects,
builders, and foremen during actual construction may be maintained with the prior approval of the Architectural
Control Committee, such approval to include the nature, size, duration and location of such structure.
3.17 Unsightly Articles and Vehicles. No article deemed to be unsightly by the Association shall be
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permitted to remain on any Lot so as to be visible from adjoining property or public or private thoroughfares.Without
limiting the generality of the foregoing,trailers, graders.trucks larger than a 314 ton pickup,boats,tractors,semi-
trailers,campers,wagons, buses, motorcycles, motor scooters, machinery,garden maintenance equipment and
inoperable vehicles shall be kept at all times, except when in actual use, in enclosed structures or screened from
view, and no repair or maintenance work shall be done on any of the foregoing or on any automobile(other than
minor emergency, repairs)except in enclosed garages or other structures. Facilities for hanging, drying, or airing
clothing or household fabrics(Including,without limitations,clothes lines)shall be screened from view from any portion
of the Property other than the Lot on which such facilities are property located.No lumber,grass,plant waste,shrub
or tree clippings,metals,bulk materials,scraps,refuse or trash or any kind shall be kept,stored,or allowed to
accumulate on any portion of the Property except within enclosed structures or appropriately screened from view
from any portion of the Property other than the Lot on which such materials are properly located.
3.18 Travel Trailers and Recreational Vehicles. No travel trailers or recreational vehicles shall be parked
in any street or on or near any Lot for more than 48(forty-eight)continuous hours or more than 72(seventy-two)hours
total in any 30(thirty)-day period,so as to be visible from any other portion of the Property.
3.19 Animals. No animals, including pigs, poultry,fowl,wild animals, horses,cattle,sheep, goats or
any other type of animal not considered to be a domestic household pet within the ordinary meaning and
interpretation of such words may be kept, maintained or cared for on the Property. No domestic pets will 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 on the Lot of its Owner unless confined to a leash.No animal may be stabled,maintained,kept,
cared for or boarded for hire or remuneration on the Property and no kennel or breeding operation shall be allowed.No
animal shall be allowed to run at large,and all animals shall be kept within enclosed areas which must be clean,
sanitary and reasonably free of refuse, insects and waste at all times. Such enclosed area shall be considered an
improvement or accessory structure and shall be-constructed in accordance with Plans and Specificationslapproved
by the Architectural Control Committee and Section 4.11 of this Declaration and,shall be or reasonable design and
construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so
as not to be visible from adjoining Lots, streets and other parts of the Property. No more than 2(two)adult dogs and
2(two)adult cats may be kept on a single lot. All domestic household pets shall be kept in strict accordance with all
local laws and ordinances.
3.20 Maintenance of Lawns and Plantings of Single Family Detached Residences. Each Owner shall
keep all shrubs,trees, grass and plantings or every kind on such Owner's Lot cultivated, mown, pruned, and free of
trash and other unsightly material.Yards shall not be permitted to grow higher than 8 inches. Sufficient water shall
be used year round to maintain the landscape plantings in healthy condition. Owners should take erosion Control
measures so as not to allow soil run-off onto adjacent properties or streets.
Dead trees, shrubs,vines and plants shall be promptly removed. Declarant,the Association and the Architectural
Control Committee shall have the right at any reasonable time after not less than 10(ten)days written notice to
Owner to cure any violation of this provision within such 10(ten)day period,to enter upon any Lot to replace,
maintain and cultivate shrubs,trees, grass or other plantings located thereon and to charge the cost thereof to the
Owner of the Lot as provided in Section 5.04.E.
3.21 Maintenance of Lawns and Plantings of Single Family Attached Townhomes. The Association shall
collect assessments from Owners of townhome residences for the purpose of maintaining all townhome front and side
lawns visible from roads. The townhome assessments shall also be used to pay any and all utilities necessary for
watering and for all other lawn maintenance tasks, such as mowing,trimming, and weeding. It shall be the
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responsibility of the Association to insure the health of townhome front and side lawns visible from roads and any
landscape plantings in those lawns.
3.22 Construction and Sales Activities. Notwithstanding any provision herein to the contrary,the
Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities
during the construction of approved improvements by an Owner(including Declarant)upon any Lot within the
Property, or the sale of any Lot thereafter. Specifically,no such construction activities shall be deemed to constitute a
nuisance or a violation of this Declaration 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. No building material of any kind shall be placed
or stored upon any Lot until the Owner thereof is ready to commence Improvements, and then the material shall be
placed within the property lines of the Lot upon which the Improvements are to be erected and shall not be placed on
the street or on any other part of the Property. In the event of any dispute regarding such matters, a temporary
waiver of the applicable provision may be granted by the Architectural Control Committee, provided that such waiver
shall be only for the construction period as deemed reasonable by the Architectural Control Committee. At such time
as the Declarant ceases using any portion of the Property as a model home or sales office,the affected Property shall
be altered and for remodeled, if necessary or desirable,to comply with the covenants and restrictions contained
herein.
3.23 Sight Lines. No fence,wall, hedge, or shrub planting which obstructs sight lines from streets on
the Property shall be placed or permitted to remain on any corner Lot within the area defined by a line drawn between
two points located forty(40)feet from the point of intersection of the street right-of-way property lines immediately
adjacent to the Lot, as reasonably located by the Architectural Control Committee. Measurement shall be by chord,
not by arc. No tree shall be permitted to remain within such areas unless the foliage is maintained at sufficient height
to prevent obstruction of such sight lines.
3.24 Garage Conversions. No garage, or any portion thereof, may be converted into enclosed living
space unless an alternative garage of a least equal size is constructed and the plans and specifications for the
conversion and construction are first approved in writing by the Architectural Control Committee.
3.25 Owner's Responsibility for Maintenance of Improvements. Each Owner shall maintain and keep in
a good state of repair the interior and exterior of all buildings,structures, and other Improvements of any kind or
nature that are located upon such Owner's lot.An Owner,when exercising the right and responsibility of repair,
maintenance, replacement, or remodeling, as herein defined,shall never alter in any manner whatsoever the color
and exterior appearance of the Improvements located on such Owner's Lot, except by written consent of the
Architectural Control Committee. Each Owner shall, however, have the exclusive right to paint, plaster, panel,tile,
wax, paper, or otherwise refinish and decorate the inner surface of the walls,ceilings,floors,windows, and doors
within such Owner's structure. In the event Owner fails to maintain the Improvements located on such Owner's Lot as
provided herein in a manner that the Architectural Control Committee deems necessary to preserve the appearance and
value of the Property,the Architectural Control Committee may notify such Owner of the work required and request that it be
done within 30(thirty)days from the giving of such notice.In the even such Owner falls to complete such work or
maintenance within said period,the Architectural Control Committee shall so notify the Association at which time the
Association may(but shall not be obligated to)cause such work to be done and the Owner shall be personally liable to
the Association,as the case may be,for the cost of such work. If the Owner fails to pay such cost upon demand,such
cost(plus interest at the rate of 1-112%(one and one half percent)per monthshall be assessed against and chargeable to
the Owner's Lot(s). Any such amounts assessed or 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 the Declaration for the collection of
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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,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(including any cost,fees,expense,liability,claim or cause of action arising out of the Association's nigligence 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.
3.26 Liability of Owners for Damage to Common Area. No owner shall in any way alter,modify,add to,or
otherwise perform any work whatsoever upon the Common Area or private landscape easements of which he is not a
party in or entitled to. The Owner of each Lot shall be liable to the Association for all damages to:
A. The Common Area or any Improvements constructed thereon;or
B. To any Improvements constructed upon any lot,the maintenance of which has been assumed by the
Association;which damage is caused by the neglect,misuse or negligence of such Owner or any
tenant or other occupant of such Owner's Lot or such Owner's guest or invitee.The full cost of all
repairs of such damage shall be assessed and charged against the Owner's Lot,secured by a lien
against the Owner's Lot and collectible in the same manner as provided in the Declaration.
3.27 Compliance with the Declaration. Each Owner shall comply strictly with the provisions of the
Declaration 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 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 Architectural Control Committee,or by an
aggrieved Owner. Without limiting any rights or powers of the Architectural Control Committee,the Board may(but shall not
be obligated to)remedy or attempt to remedy any violation of any of the provisions of this Declaration,and the Owner whose
violation has been remedied shall be personally liable to the Board for all costs and expense of effecting(or attempting to
effect)such remedy. If such Owner fails to pay such costs and expenses upon demand by the Association,suchicosts
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 to the Owner's Lot(s). Any such
amounts assessed and chargeable against a Lot shall be secured by the liens reserved in the Declaration per Section
7.01.assessments and may be collected by any means provided to the 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,their 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 Sections 3.25 and
3.27(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.
3.28 No Warranty of Enforceability. Declarant makes no warranty or representation as to the present or
future validity or enforceability of any restrictive covenants,terms, or provisions contained in the Declaration. Any
Owner acquiring a Lot in reliance on one or more of such restrictive covenants,terms, or provisions shall assume all
risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless there from.
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ARTICLE IV
RESIDENTIAL DESIGN REQUIREMENTS
It is the goal of the Developer(the"Declarant")and the Architectural Control Committee,with authority as
delegated,to create an attractive and cohesive family oriented neighborhood, offering enhanced amenities to
residents.The Residential Design Requirements are established in order that the Developer may promote a high
and consistent development standard in order to achieve this goal.
These Residential Design Requirements apply to all residential Improvements,whether the construction is for new
construction or alterations, modifications, and/or additions to an existing property.
4.01 Purpose of Residential Design Requirements. The requirements described herein are
intended to provide guidance to owners, builders, and residents in the development of Oakland Ridge
Subdivision.
The development of each unit within Oakland Ridge Subdivision is controlled and restricted by the following:
A. Applicable governmental codes and regulations;
B. Declaration of Covenants, Conditions, and Restrictions("Declaration")for Oakland R$dge
Subdivision
Compliance priority in all cases shall follow this order, it is to the owner/builder's responsibility to identify, satisfy,
and comply with the goals, standards, regulations, and laws of any entity with authority and jurisdiction over
his building site. Compliance with the Residential Design Requirements does not guarantee approval of an
application.
4.02 Administration and Enforcement of Residential Design Requirements. Administration and enforcement of
the Residential Design Requirements,specifically,is the responsibility of the Architectural Control Committee,a
committee of the Oakland Ridge Homeowner's Association("Association").They shall have all of the remedies
available under this Declaration.
The plans and specifications submitted for review are not being reviewed for structural integrity; compliance with
zoning and building ordinances or any other applicable statutes; ordinances or governmental rules or regulations;
compliance with the requirements of any public utility,easement or other agreement.
By approving such plans and specifications, neither the Declarant,the Association,the Owners,the Board nor any
Committee member, nor its agents, employees, attorneys, or consultants of any of the foregoing shall be liable for
any soil conditions, drainage or general site work, nor for any injury, damages or loss arising out of the manner or
quality of approved construction or modification on account of such approved plans or specifications.
The Architectural Control Committee will review plans and specifications submitted for it's approval as to style,
exterior design, appearance and location, and will approve such plans and specifications only if it determines, in its
sole discretion,that the Improvements will not be detrimental to the appearance of the development as a whole,that
the Improvements comply with these Residential Design Requirements,that the beauty and attractiveness of the
development or the enjoyment by Owners and that the upkeep and maintenance will not become a burden to the
Association.
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All outstanding approvals will be suspended until construction conditions are brought into compliance.The
Association's Board of Directors may authorize bringing suit in a court of competent jurisdiction to restrain and enjoin
any person who attempts to carry out any construction without first obtaining approval as required or against any
person who fails to cease and desist from further construction in noncompliance.
The Association is empowered as set forth in Section 5.04 to take disciplinary action against any Owner/Builder for a
violation of any provision in the Declaration and/or these Residential Design Requirements.
The Association will have all of the available remedies permitted by the Declaration and By-laws to enforce the
Residential Design Requirements and other requirements of the Declaration.Such rights include, but are not limited to,
stopping the construction of any Owner/Builder, general contractor,job superintendent, subcontractor, supplier or
any of their employees in any violation of these regulations, and removing or modifying any Improvements that have
been made or constructed in violation of any of the provisions of the regulations or the approved plans and specs, as
well as a assessing a substantial fine. (See Fine Schedule, Exhibit A)
4.03 General Design Criteria. The following criteria represent a summary for the quality of
Improvements desired by Declarant. It shall be used to guide Declarant and/or Architectural Control Committee in the
approval process. Declarant and/or the Architectural Control Committee may render approval or no approval of any
or all applications based on the General Design Criteria.Each vote by a member of the Architectural Control
Committee represents an opinion as to appropriateness using the Criteria and such opinion shall be
recognized and upheld as final after a decision is made.
A. All Owners/Builders shall carefully consider the following General Design Criteria when
designing property Improvements:
1. High quality building and landscape architectural design;
2. Simple, elegant, architectural statements;
3. Residential harmony between the home,the site and the surrounding development when
viewed from all angles;
4. Continuity of architectural forms, materials,textures,colors, and execution; and
5. A dwelling reflective of the Architectural standards established for Oakland Ridge Subdivision.
B. Each Owner by accepting title to his unit acknowledges and agrees to the following:
1. That these design requirements are reasonable and beneficial to the community;
2. To strive to achieve a spirit of cooperation and resolution between the Architectural Control
Committee and the Owner/Builder, and the Owner's architect and/or landscape architect;
3. That these requirements are not intended to be all encompassing and are meant to
encourage creativity while allowing the Architectural Control Committee wide latitude of
approved authority;
4. To adhere to these requirements and the covenants, conditions and restrictions of this
Declaration.
4.04 Variances. Upon submission of a written request, Oakland Ridge Homeowner's Association may,
in it's sole discretion and at the recommendation of the Architectural Control Committee, permit Owners to construct,
erect, or install Improvements,which are in variance from the Residential Design Requirements or other parts of the
Declaration,when in it's sole and absolute discretion such variance will not be adverse to the overall development
plan, and such variance is justified due to visual or aesthetic considerations, or unusual circumstances.All variance
approvals must be in writing and signed by a majority of the members of the Architectural Control Committee or the
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Board of the Oakland Ridge Homeowner's Association after the transition date.An approval is based on the
individual application and,in no event, does it set a precedent for future applications.The variance request must be
made in writing to the Association specifying the exact nature of the request and the reasons for the request. The
request must be sent by certified mail to the current address of the Association or its representative OR hand-
delivered and receipted in writing by the Association or its designated representative. Complete plans and
specifications(according to Section 4.05), as proposed, MUST accompany the request.The Association will render
a decision on the request within 30(thirty)days of submission of the request. No variance will be given when
such variance does not comply with government ordinances, regulations, and building codes. A variance may
need to be obtained from such government entities prior to requesting a variance from the Architectural Control
Committee.
4.05 Approval Process. The construction or installation of any Improvements,changes to existing
Improvements,the reconstruction of Improvements, or the installation or change of exterior ground Improvements will
require the submission of plans and specifications for review and approval of the Architectural Control Committee
before any such construction or installation activity is commenced.The Architectural Control Committee may waive
plan and specification requirements for certain modifications or Improvements at its discretion.
The Approval Process consists of 4 steps.
A. Step 1: Pre-submittal Evaluation and Review
1. Contact Developer or Architectural Control Committee member to obtain a copy of
the Residential Design Requirements; and
2. as needed,meet with a member of the Architectural Control Committee to review any
uncertainties or unusual design issues before application submittal.
B. Step 2:Application Submittal
1. Submit Application Form to the Architectural Control Committee together with;
2. 2(two)sets of blueline prints including floor plans, all elevations and a site plan for new
dwellings or proposed modifications of previously built dwellings.Applications for
modifications may submit a current Lot survey in lieu of a site plan indicating the location of
proposed Improvements, and any applicable easements,setbacks, and elevation
differences on Lot. Indicate dimensions to all adjacent property lines.
All floor plans, drawn at 1/4"=1'0"scale, should include:
i. Heated area calculation
ii. Masonry area calculation according to the Architectural Control Committee's
adopted method of calculation
iii. FOR BUILDER SPECULATIVE HOMES ONLY-Any standard floor plan options,
such as optional game room versus standard bedroom
iv. FOR BUILDER SPECULATIVE HOMES ONLY-Building plan name and plan
reference number(s)
3. 2 sets of construction specifications/description of materials,including landscaping
4. one(1)binder,with color photos,or bricklmasonry samples or sample books provided by
material suppliers.(if requested by Architectural Control Committee)
5. Any other information or documentation deemed necessary by the Architectural Control
Committee to determine adherence to the Design Requirements
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C. Step 3• Builder Site Pian Submittal(FOR BUILDER SPECULATIVE HOMES ONLY and after
Floor Plan is approved)
1. Submit site plan for speculative dwelling. In the case of major revision to a previously
approved floor plan, Builder must resubmit revised plan and specifications. Major
changes are defined as: changes in the building footprint exceeding two feet in
any direction; changes in exterior elevations; change in building height exceeding
one foot per floor; changes in roof pitch from the standard elevation.
All site plans, drawn at 1'=10'0"scale, should include the following building information
clearly indicated:
i. Location of any existing and/or new Improvement on the Lot with dimensions
to all property lines.
ii. Driveway, entry walks, and sidewalk locations and widths.
iii. Platted street sidewalks.
iv. Location and type of required fencing.
v. Location and finish grade of any patio or deck.
vi. Location,height, and material of any retaining wall over 2 feet high.
vii. Approximate location of existing trees 6"or more in diameter,
viii. Heated square footage located within the building footprint.
ix. Finished grade of slab for dwelling structure and all appurtenant/accessory
structures.
D. Step 4: Receive written Approval or Denial Letter from Architectural Control Committee
1. Using the Design Criteria set forth in these Residential Design Requirements along with
the Declaration;the Architectural Control Committee will either approve or disapprove an
application and will send a letter to the applicant indicating such approval or disapproval
within fifteen(15)days from the date of the submission of a complete application.An
application will not be deemed to be complete until all of the documents and information
set forth above has been provided to the Architectural Control Committee. Failure of the
Architectural Control Committee to approve or disapprove plans and specifications within
fifteen(15)days from the date of submission In accordance with these Requirements will
mean that the plans and specifications will be automatically deemed to be approved.
2. Upon approval by the Architectural Control Committee, along with the Approval Letter,the
Architectural Control Committee will return one approved copy of the plans and specs to
the Builder who will be responsible for ensuring that the information contained in the
approved copy is used in obtaining all other required permits and approvals by the City or
other government jurisdiction.The second submitted copy will be held on file for 1 (one)
year after completion.
4.06 Owner/Builder Responsibilities. All Owners/Builders shall be held strictly responsible for the
following:
A. Compliance with all applicable federal, state, and local building codes and regulations;
B. compliance with all rules, regulations, restrictions, and covenants as set out in the Declaration,
Residential Design Requirements, By-Laws of the Association, and the Architectural Control
Committee;
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C. compliance with plans and specs and other submittals approved by the Architectural
Control Committee.Any deviations from an approved plan must receive specific
approval from the Architectural Control Committee;
D. providing qualified personnel to perform al of the construction activity; and
E. maintain the construction site according to Section 4.07.
4.07 Construction Site Management. Owners/Builders, contractors, and subcontractors shall
be responsible to minimize the negative visual impact of construction through the thoughtful handling of
construction activities and the maintenance of an orderly job site.
All Owners/Builders,their employees, representatives,subcontractors,suppliers, and service personnel
performing work within the development must adhere to the following construction regulations. Certain
violations may include fine assessments. (See Fine Schedule, Exhibit A)
A. Enter the development for the purposes of work only between the hours of 7:00 a.m.
and 7:00 p.m. on weekdays and 8:00 a.m. and 6:00 p.m. on weekends.
B. Use temporary erosion controls before clearing any site. Install erosion control on any
downhill slopes where it is clear that not providing such control will be a detriment to
any surrounding property, install inlet protectors in storm drains where necessary to
prevent silt from entering drainage system. Keep filters clean from silt at all times.
C. Adhere to a speed limit of 20 mph. or as posted.
D. Ensure that any representative or subcontractor and/or their crews do not litter
roads, units or surrounding open space. If the Association notifies a Builder that a
construction site is littered, the Builder has 24 hours to clean the site. If the condition is
found to be unsanitary,the Owner/Builder will have two (2) hours from time of written
or faxed communication to clean the area.
E. Maintain a neat and clean job site. Neatly stockpile all materials. Remove all debris
including construction waste, paper, cans, bottles, litter,tree limbs, etc. from the Lot
and place in a designated container for such trash. Conduct a week end site cleanup
by removing any trash and debris from the job site and from Oakland Ridge
Subdivision entirely. Clean any silt from the streets.
F. Use steel storage bins or other comparable and sufficient storage containers, in good
condition for storage of all on-site material storage.
G. Refrain from burning fires of any kind.
H. Refrain from any kind of dumping within the subdivision.
I. Remove any concrete spoils left on any vacant unit, common area or roadway and
dump in designated location to be determined by Declarant.
J. Refrain from bringing or allowing any subcontractor to bring any person less than 16
(sixteen)years of age to the job site during work hours.
K. Install optional temporary fencing whenever Builder or Developer deems it
necessary. Remove such fencing at project completion.
L. Install site and tree protection fencing along all property lines adjacent to common
areas and greenbelts, or open space prior to commencement of construction.
M. Limit the volume of music and other noise so as not to disturb the construction
site.
N. Restore,within 72 (seventy-two) hours, any landscaping item, including but not
limited to trees, irrigation or signage within the development whenever damage has
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been caused by the Builder or any of his representatives.Violation of this regulation
will result in a fine assessment and reimbursement of any cost to restore incurred by
the Association.
0. Acquire written permission of any Owner/Builder or Association to use or have
access to any property not owned by the Builder.
P. Remove any permitted construction equipment, materials,supplies, and temporary
structures from the site upon completion of construction, leaving the site neat and clean, as
well as re-vegetated.
4.8 Building Setbacks. No building shall be located or erected nearer any Lot line bordering a
street right-of-way than the,building line shown on the recorded plat. No building shall be located nearer
than seven and one-half(7-1/2)feet to any interior side Lot lines except zero Lot line townhome Lots.No
building shall be located nearer than twenty (20')feet from any rear Lot line except townhome Lots.
Notwithstanding,the foregoing, in respect to cul-de-sac Lots or Lots having irregular shapes,such
building must be situated at a mean distance of at least seven and one half(7-1/2)feet from each side
property line of such Lot,but In no event closer at any one point than seven and one-half(7-1/2)feet from
such side property lines.Furthermore,on such cul-de-sac Lots or Lot having irregular shapes,such
structure may be constructed as near as twenty-five(25)feet from the rear of the Lot provided further,
however,that detached garages may be as near as twenty (20')feet from the rear of the Lot and any
permitted temporary structures may be situated as near as seven and one-half(7-1/2)feet from the rear of
any such Lot For purposes of these covenants,the eaves of buildings shall not be deemed to be part of a
building or structure, but steps and porches shall be deemed to be a part of a building or structure.This
Section shall not be construed to allow any building or structure to encroach upon another Lot.
A variance may be granted for unusual topographic situations, at the sole discretion of the Architectural Control
Committee.
Key factors in determining variations in the front yard and side yard setback beyond minimum requirements
include:
A Appropriateness to unique site conditions such as topographic variances.
B. Location of existing trees.
C. Setback compatibility of adjacent homes on either side and across the street from the
Lot
D. Potential views towards a greenbelt or sight lines beyond.
E. Detached garages and side entry garages are encouraged.
No roofed or trellised structure separate from the main dwelling structure may be built within a setback area
(i.e., gazebo, pool cabana).
Pools and spas must be constructed to meet government ordinances and regulations and building codes.
Final approval of setbacks is determined by the Architectural Control Committee when the site plan is
submitted for approval.
4.9 Building Area. All detached single family dwellings constructed on platted Lots in Oakland
Ridge Subdivision shall contain not less than 1500 (fifteen hundred) square feet of enclosed, conditioned
living space exclusive of porches (open or covered), decks, garages and carports. All attached single family
townhome dwellings constructed on platted townhome Lots in Oakland Ridge Subdivision shall contain not
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less than 1400 (fourteen hundred) square feet of enclosed, conditioned living space exclusive of porches
(open or covered),decks, garages and carports.
4.10 Building Height. Building height must not exceed 35(thirty-five)feet in height as measured from
finished grade.Building height is defined as the vertical distance from the average elevation of the finished grade at the front
of the building to the highest point on the structure,exclusive of chimneys and ventilators.
No more than 2 )
two ,two-storydwellings can be located directly across the street from another two-story dwelling.
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4.11 Garages and Accessory Structures. Every single family dwelling shall include an attached or
detached two(2)car garage designed to accommodate full sized conventional passenger cars.Three car garages are
allowed based upon plan and site conditions. Townhome dwellings are not required to have a garage.
All garage doors must be of a sectional type only.
Dwellings on corner Lots must be oriented so front loading garages are located adjacent to the interior unit property line,
away from the street corner.Side entry garages on corner units must be detached at the rear of the unit or placed at the
end of the dwelling opposite from the street corner.
Garages,whether attached or detached from the dwelling,should relate in a positive manner to the dwelling.Side entry
garages and detached rear garages are strongly encouraged on all units when possible.Detached garages located
towards the rear of the unit are encouraged to vary the streetscape.
Variances to building setbacks may be considered in order to help encourage detached garages.Setback adjustments will
be considered on a case-by-case basis.
The use of accessory structures is generally discouraged within the neighborhood.Where necessary,these structures
should be located behind the privacy fencing,in the backyard.Accessory structures are not permitted in the front or side
yards outside of a privacy fence.No accessory structure is permitted any nearer than five(5 ft)feet from a property line.
All accessory structures including but not limited to detached garages,storage buildings,greenhouses,gazebos,and
some play equipment shall be compatible with the dwelling to which it is appurtenant in terms of its design and
composition.Tree houses are not permitted.All such structures shall be subject to approval by the Architectural Control
Committee.In no instance shall an accessory structure exceed one(1)story in height or have total floor area in excess of
ten percent(10%)of building area of the main dwelling.
Only accessory structures that have a roof must be approved by the Architectural Control Committee,with the exception
of pools and spas. The Architectural Control Committee will approve design and location of the structure.An approved
structure must be residential in form and type of construction with roofing,paint color,and other construction materials
and details that match the dwelling.An accessory storage structure may not exceed 8'(eight feet)feet in height and not
exceed a floor area size of 8'(eight feet)X 10'(ten feet).
Non portable basketball goals are permitted in the front yard provided they are located a minimum of twenty(20')feet
from the street curb. Backboards are not permitted to be attached to the roof or other parts of the home. Portable
basketball goals are allowed provided they are stored in the residence's driveway no less than twenty(20')feet from the
curb.
All pool and/or spa construction,including equipment,fences and gates must be in conformance with City standards and
approved by the Architectural Control Committee.All pool drains must not drain across common areas,open spaces or
adjacent units without written approval of the Architectural Control Committee.
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Above ground pools are permitted but must be located inside the yard,enclosed with a privacy fence. Pools should be
no higher than 1'(one foot)below top of privacy fence and not visible from any other dwelling or road.
Architectural Control Committee approval is not necessary for any antenna not more than one (1 m) meter in diameter.
All other antenna must be approved by the Architectural Control Committee. Any approved antenna must be located in
such a manner that it is not visible from any street or adjacent unit.
4.12 Exterior Building Materials and Design. At least 85%aggregate total of the exterior walls of a home
must be masonry(stone,brick,stucco,or approved equal). Cement board siding will be considered on a case by case
basis and must be approved by the Architectural Control Committee. If changes in the masonry configuration are made,
the changes must be resubmitted with the site plan to the Architectural Control Committee for approval.
Exterior building materials must be natural and authentic or specifically approved.Prohibited exterior materials Include,
but are not limited to,exposed smooth-faced concrete blocks,plywood,log,plastic Masonite sheeting,and metal siding
(horizontal Masonite lap is acceptable).Certain vinyl siding products may be considered but must be approved by the
Architectural Control Committee.
Colors must be approved.Warm,earth-tone neutrals are required,with muted,complimentary colors suggested as
accents.Different masonry color is required for the 2(two)dwellings immediately adjacent and the 3(three)dwellings
directly opposite from the subject dwelling,unless an exception is made by the Architectural Control Committee. A
masonry color,or one deemed too similar by the Architectural Control Committee, cannot be used more than
twice in any row of 8(eight)contiguous dwellings or as approved by the Architectural Control Committee.
Bright, flashy materials,such as reflective glass,are not permitted.
The same floor plan or elevation shall not be constructed within 2(two)dwellings immediately adjacent or the 3(three)
dwellings directly opposite from the subject dwelling.
Address numbers must be clearly indicated on the front of the house. The use of pre-cast stone address blocks is
required.
Awnings on street facing elevations are not permitted. The Architectural Control Committee must approve all other
awnings.
Entrances to dwellings should be clearly defined,protected by a covered porch sized at a minimum of four(4')feet in width
and four(41)feet in depth,and integrated with the building design.
The use of new or innovative building materials is encouraged and, when compatible with these Requirements, may be
approved.
4.13 Foundations.Exposed foundations shall be limited to 12"(twelve inches) in height on front elevations,
as well as all other elevations facing streets(whether side or rear elevations). There shall be at least 4"(four inches)of
exposed foundation with no ground contact all the way around the structure.
Along the front elevation,where there is exposed foundation,Owner/Builder shall plant shrubs or other plantings to completely
screen view of foundation from street The soil used for such planting should not cover the 4"minimum exposed slab.
Exposed edges in excess of 4"(four inches)of all porches,including front porches,must be concealed by the finish grading
process or veneered in masonry. If the house Is complete and the foundation exposure exceeds the limits,the Owner/Builder
will be required to screen the exposed foundation with shrubs tall enough to immediately screen the foundation.
17
4.14 Roofs. Roofs must be an earth tone color.A range of earth tone shades in each neighborhood is
recommended. Roofs in primary colors are prohibited.
Roofs must have pitched slopes that have a residential quality. Minimum roof pitch is 8 to 12 and maximum roof
pitch Is 12 to 12. Some (but not all) parts of roofs may vary, containing less than 8 to 12 roof pitch if approved by
Architectural Control Committee. Flat roofs and mansard roofs are prohibited. Gable and hip roofs are the only
permitted roof forms. A variety of rooflines are encouraged, both throughout the neighborhoods and on individual
dwellings. Consider varying both roof pitch and orientation.
A. Approved roof materials include:
1. 20 year minimum warranty laminated"Architectural"grade composition shingle
2. Concrete or clay tile
3. Slate
4. Metal, only with baked on non-reflective painted finish(no primary colors)
B. Prohibited materials include:
1. Asbestos
2. Wood shakes
3. Wood shingles
4. Corrugated metal and all types of reflective aluminum
Roof-mounted mechanical equipment should not extend above the highest Architectural element or be mounted on
any elevation facing the street. Flat panel solar collectors and skylights are allowed, provided these items are'in
scale'with the building and do not create a visual eyesore. Skylights must not exceed ten percent(10%)of the
entire roof area. Roof venting,stacks, and piping should be organized in a cohesive manner and should be located
at the back side of the dwelling so that such devices are not visible from the street except as noted below.
C. In locations where the backside of the dwelling abuts a street, all exposed venting,stacks,
and piping must penetrate the roof on interior side-yard facing elevations(where roof design
allows).
D. Fixed dormer attic ventilating devices. Lift top turbine style ventilators are acceptable if they
are not visible from streets, adjoining dwellings, or any other portion of the property subject to
the Declaration. All such projections must match the color of the surface from which they
project or must be an approved color.
Roof venting stacks and pipes and other penetrations should not distract from the overall roof appearance.Projections
must be trimmed square and clean.
Eaves and overhangs,designed to afford protection from the elements and provide shallow relief,are encouraged.
Gutters and downspouts should be of a simple design.Downspouts should match the adjacent siding material in color and
must extend to grade.Gutters must be the same color as the eaves or roof color.
4.15 Chimneys. All exterior and interior chimneys must be constructed of 100%masonry product(brick,
stone,stucco or approved substitution.Cement board siding is considered an approved substitution.) Metal flues shall be
permitted to extend from a roof when they are placed on the backside of the roof.
Chimney height must be designed as required by all applicable building codes and governing jurisdictions with regards to
18
venting and fire safety.
Spark arresters are required in all chimneys.
Simple geometric shapes are encouraged. Provide an adequate setback from tree limbs to prevent damage to the tree
canopy.
4.16 Grading and Drainage. The overall grading and drainage system for Oakland Ridge has been designed
to promote overland flow of run-off where possible.Site drainage handled by overland flow rather than within enclosed
sewers is encouraged because of the cleansing and recharge properties of filtration and infiltration.There shall be no
interference with the established drainage patterns of the Property,except by Declarant,unless adequate provision is
made for property drainage and approved by the City and the Architectural Control Committee.
Grading must be done in conformance with the final plat notes. Minimizing cut and fill helps to preserve existing vegetation
and the natural landform.Grading should be done so that changes in elevation are gentle and natural in appearance and
retain an informal appearance by smooth variations in the contours.
4.17 Driveways and Parking. Vehicle parking location and driveway design should be functional and ancillary
to the residential development.
For single family detached residences,only 1(one)driveway and approach(20 ft.maximum width)per unit is permitted on
units with less than 100'(one hundred feet)of frontage and/or on a unit size of 15,000 sf.or less. Space for two
conventional passenger cars must be provided on the driveway without encroaching on the road or street sidewalk.
For townhome residences,only 1 (one)driveway and approach(32 ft.maximum width)is permitted.
Driveways shall comply with local ordinances and codes. Driveway and parking areas must be constructed at a minimum,
with a textured finish;(i.e.broom or trowel finished concrete).Asphalt driveways and parking area are prohibited.The
finished grading process must conceal exposed edges of driveways and parking areas.A maximum of four(4)inches
vertical exposure is allowed at these surfaces.Exposed areas exceeding four(4)Inches in height must be faced
(veneered)In a masonry material compatible with the exterior surface of the unit or with the driveway or landscape
masonry materials or soil.Exposed aggregate concrete(washed),stamped concrete,decorative masonry,tile,or concrete
pavers and/or banding are recommended materials for driveway surfaces.
4.18 Sidewalks and Entry Walks. Sidewalks shall be provided by Developer to meet at least the minimum
sidewalk requirement of the local governing authority.
Owner/Builders are encouraged to use entry sidewalks creatively,varying the form and materials and integrating such
walks with landscape plantings and landscape lighting. Entry walks connecting onsite parking and the dwelling entry
shall be a minimum of 4' (four feet)wide.
If steps are necessary along the entry walk,they must occur in sets(or flights)with a minimum of 2(two)steps and a
maximum of 5(five)steps per set. A landing of 4'(four feet)minimum is required between sets of steps.Maximum riser
height is 5"(five inches).
Exposed edges of sidewalks and porches(including front porches)must be concealed by the finish grading process or by
use of landscape planters.A maximum of 4"(four inch)vertical exposure is permitted at these surfaces.Exposed areas
exceeding 4"(four inches)in height must be faced(veneered)in a masonry material compatible with the exterior of the
dwelling. The use of accent paving materials,such as brick,exposed aggregate concrete,stamped concrete,concrete
pavers,decorative masonry,or tile as panels or banding are encouraged to enhance the entry.
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4.19 Retaining Walls,Freestanding Walls and Fencing. Freestanding and retaining walls
should provide a consistent appearance.All walls must be faced(veneered)with masonry(stone,brick,
stucco,or approved equal)and should be designed as an integral part of the Lot development.
No retaining wall shall exceed 4'(four feet)in height unless a variance is obtained by the Architectural Control Committee.
No wall may be located in the front setback unless a variance is obtained.Any wall allowed in the front setback may not be
more than 3' (three feet) in height. All other allowed walls may not exceed 6' (six feet) in height. A variance must be
obtained to allow a wall higher than 6'(six feet)in height.
Any freestanding wall must be designed as an integral part of the overall dwelling and site design.A wall may not be
placed to line up with a front dwelling wall but must be offset by at least 2'(two feet). Walls that project in a way to reveal
their thickness must return or terminate with a 12"(twelve inch)column.
Fencing Improvements include the construction and installation of any fence and appurtenances,as well as the demolition
or voluntary destruction thereof.
The Architectural Control Committee must approve all fencing that deviates from the standard approved fencing,which is a
cedar or redwood privacy fence having vertical slats with no gaps constructed to be at least 6'(six feet)high. No fence
shall be higher than 6'(six feet)height without a variance.The fence shall be placed at least 2'(two feet)behind the front
wall of the dwelling,and no nearer to any side street than the minimum setback line.
A fence may not be located within any building setback and must adhere to the City fencing regulations.In no case,shall a
fence be permitted in a front setback,however if the proper variances are obtained from the City,the Architectural Control
Committee shall additionally grant a variance for a fence to be located in a street side setback.
Wood fences abutting a street or which are visible from a street,permanent open space,or greenbelt must be constructed
with the finished or smooth side facing the street or open space.These fences may be double-faced.Fences visible from
a street shall be solid wood privacy fencing or other approved fencing by Architectural Control Committee.
Chain link fencing Is not permitted except in areas specifically required by governing agencies or as originally constructed
and installed by Developer with the exception of pet fencing which shall be constructed within the rear or side yard
behind a privacy fence and not visible from any other dwelling or street. Any chain link fencing approved or installed by
Developer shall be screened with approved fabric,mesh or landscape screening.
No plastic or wire fences are permitted.
4.20 Screening.Screening is required for transformers,lift stations,meters,air conditioning units,and garbage
can storage areas.Items requiring screening should be located on the rear or side yards when possible.These elements
should be integrated in the unit design.Garbage cans may be stored behind a wood privacy fence.Gates should be
located nearest driveway side of house to more easily accommodate screening of garbage cans.
Approved walls,fencing or shrubs may be used as screening.If it is impossible to screen such
equipment,where allowable,it must be painted to match house trim or masonry.
If using plant material as screening,the plants must be large enough upon installation to provide complete screening.Any
plant used as screening should be included on site plan during the approval process.
4.21 Site Lighting. All dwelling unit entries shall be lit with a standard porch light. Any additional night
lighting or landscape lighting must be positioned and properly hooded so as not to spill light onto adjacent properties.
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The color of entry and landscape lighting must be white or off-white.No colored lenses or bulbs are allowed.
Pole mounted floodlights and high Intensity lights are prohibited.Front yard residential scale coach or lamp type fixtures
are encouraged.All other lighting must be attached to a permanent structure within the buildable area or placed and
screened within and by the landscape materials.Above grade junction boxes must be hidden from view with a screening
material.
4.22 Decks. All proposed decks on either new or existing dwellings must be submitted for Architectural
Control Committee approval.The deck plan should be included on the site plan or on an existing survey.
Decks are not permitted in the front yard.
The finished floor height for any deck may not exceed the finished floor height of the dwelling.Second story decks are
prohibited.
Storage areas under decks must be screened with masonry or wood lattice or other approved material.
4.23 Landscape Planting. All yards must be sodded within 10(ten)days after occupancy to minimize soil
erosion.
Install and maintain erosion controls as necessary on all unsodded yards to prohibit runoff onto adjacent property,until
landscape Improvements are completed.
A minimum of 10(ten)5-gallon shrubs must be installed in the front yard of the unit to enhance the
appearance of the unit. On corner Lots an additional 6(six)shrubs are required in the street-facing side
yard. "Screening"'shrubs are defined as shrubs contained in 5-gallon containers minimum. To maintain
sight line corridors,shrub heights within the street right-of-way must not exceed 30"(thirty inches)in height
at maturity.
At least 2(two)-3"(three inch)caliper canopy species trees are required in front yards and 2(two)-3"(three
inch)caliper trees are also required in a side yard having street frontage and are also required in rear yards
which abut or are directly visible from a street. Caliper is measured 3'(three feet)above finish grade. At
the time of Installation,screening shrubs must be large enough to immediately screen any item from view of
surrounding properties or right-of-way.
Gravel will not be permitted as ground cover,except in side-yard areas and in conjunction with tree and shrub planting
beds.In no case will gravel be permitted in areas where gravel can be viewed from the street
Imitation or plastic plants,including synthetic turf materials,are prohibited.
The use of railroad ties in the landscape is prohibited.Only approved landscape edging materials shall be used for edging
landscape beds or retaining soil.
ARTICLE V
OAKLAND RIDGE HOMEOWNER'S ASSOCIATION
5.01 Organization. Declarant has caused or will cause the formation and incorporation of the Association as a
nonprofit corporation created for the purposes,charged with the duties,and vested with the powers prescribed by law or
set forth in its Articles and Bylaws or in this Declaration.Neither the Articles nor Bylaws shall for any reason be amended
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or otherwise changed or interpreted so as to be inconsistent with this Declaration.
5.02 Membership. Any Person or entity upon becoming an Owner shall automatically become a Member of
the Association.Membership shall be appurtenant to and shall run with the property interest which qualifies the Owner
thereof for membership,and membership may not be severed from,or in any way transferred,pledged,mortgaged,or
alienated except together with the title to the said property interest.
5.03 Voting rights. The right to cast votes, and the number of votes which be cast for election of
directors to the Board and on all other matters to be voted on by the Members shall be calculated as follows:
A. The Owner,whether one or more(including Declarant),of each Lot within the Property shall have
one vote for each Lot so owned.
B. In addition to the votes to which Declarant is entitled by reason of Subparagraph 5.03.A of this
Section,for every such vote Declarant shall have three(3)additional votes,and(2)for each part of
the Property that has not been subdivided by plat recorded in the Official Records of Brazos County,
Texas, Declarant shall have one(1)vote for each acre owned by Declarant. Declarant shall have
the number described in this Section 5.03.6 until such time as all of the Property has been
subdivided by plat and seventy-five percent(75%)of the Lots have been transferred by Declarant(the
'Transition Date').Thereafter,Declarant shall have only the votes,if any,to which it is entitled under
Subparagraph(A)of this Section.
5.04 Powers and Authority of the Association. The Association shall have the powers of a Texas nonprofit
corporation,subject only to any limitations upon the exercise of such power as are expressly set forth in this Declaration.
It shall further have the power to do and perform any and all acts,which may be necessary or proper for or incidental to
the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration.Without in any way
limiting the generality of the two preceding sentences,the Association,and the Board acting on behalf of The Association,
shall have the following powers and authority at all times;
A. Rules and Bylaws.To make,establish and promulgate,and in its discretion to amend or repeal and
re-enact,such Rules and Bylaws,not in conflict with this Declaration,as it deems proper to address
any and all aspects of its functions.
B. Insurance.To obtain and maintain in effect policies of insurance which,in the opinion of the Board,
are reasonable,necessary or appropriate to carry out Association functions.
C. Records. To keep books and records of the Association's affairs.
D. Assessments. To levy Assessments as provided in Article VII below.
E. Right of Entry and Enforcement.To enter at any time in an emergency,or in a non-emergency,
after ten(10)days written notice,without being liable to any Owner,upon any Lot and into any
Improvement thereon for the purpose of enforcing the Restrictions or for the purpose of erecting,
maintaining or repairing any Improvements to conform to the Restrictions,and the expense thereon
shall be a personal obligation of the Owner of the Lot entered upon,shall be a lien upon the Lot
entered on and Improvements thereon,and shall be enforced in the same manner and to the same
extent as provided in Article VII hereof for regular and special Assessments.The Association
shall 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 an Owner who consents thereto,to commence and maintain actions and
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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,enforced
liens and take all such action as it may deem necessary or expedient to enforce the Restrictions;
provided,however,the Board shall never be authorized to expend any Association funds for the
purpose of bringing suit against Declarant,its successors or assigns.
F. Legal and Accounting Services.To retain and pay for legal and accounting services necessary
or proper for the operation of the Association.
G. Delegation to Committees.To set up one or more Committees as authorized by the Texas
Non-Profit Corporation Act, as the same is amended from time to time.
H. Employees.To engage such employees as may be reasonably necessary in the management
of the Association and the performance of its duties.
I. Enforcement.To enforce the terms and conditions of these restrictive covenants, including but
not limited to,initiating legal action,to obtain compliance.
5.05. Landscape and Maintenance. The Association shall be authorized to landscape,maintain and
repair easements,rights-of-way,common areas,entryways,sidewalks,paths,trails,detention ponds,lakes,and other
areas of the Property,as appropriate.
5.06. Common Areas.
A. Subject to and in accordance with this Declaration,the Association acting through the Board,
shall have the following duties:
1. To accept, own, operate and maintain all Common Areas which may be conveyed or
leased to it by Declarant,together with any Improvements of any kind or purpose located in
said areas; and to accept, own, operate and maintain all other property, real and personal,
conveyed or leased to the Association by Declarant and to maintain in good repair and
condition all lands, Improvements, and other Association property owned by or leased to
the Association,whether by Declarant or by other Persons.
2. To pay all real and personal property taxes and other taxes and assessments levied upon
or with respect to any property owned by or leased to the Association to the extent that
such taxes and assessments are not levied directly upon individual Members of the
Association.The Association shall have all rights granted by law to contest the legality and
the amount of such taxes and assessments.
3. To execute mortgages, both construction and permanent,for construction of
Improvements on property owned by or leased to the Association, and to accept lands in
Common Areas,whether or not improved,from Declarant subject to such mortgages or by
assuming such mortgages. Financing may be affected through conventional mortgages or
deeds of trust,the issuance and sale of development or other bonds, or in any other form or
manner deemed appropriate by the borrower,whether Declarant or the Association.The
mortgage or other security interest given to secure repayment of any debt may consist of a
first,second or other junior lien, as deemed appropriate by borrower,whether Declarant or
the Association, on the Improvement to be constructed,together with such underlying and
surrounding lands as the borrower deems appropriate. The debt secured by such mortgage
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or other security instrument may be retired from and secured by the revenues generated by
dues,use fees,assessments of Members,or otherwise,or any combination thereof,as may be
deemed appropriate by Declarant or the Association,as the case may be but subject to the
limitations imposed by this Declaration.
B. In addition to,and not in limitation of,the power and authority of the Association as set forth In
Section 5.04 of this Declaration,the Association,acting through the Board shall have the power
and authority:
1. To grant and convey portions of Association property,including fee title, leasehold estates,
easements,rights-of-way,and/or mortgages,to any person or entity for the purpose of
constructing,erecting,operating or maintaining the following:
i. Parks,parkways or other recreational facilities or structures;
ii. Roads,streets,walks,driveways,trails and paths;
iii. Lines, cables,wires, conduits, pipelines or other means of providing utilities;
iv. Sewers,water systems,storm water drainage systems,sprinkler systems and
pipelines;and/or
v. Any similar public,quasi-public or private Improvements.
Nothing contained in this Subparagraph,however,shall be construed to permit use or
occupancy of any common area or Improvement in a way that would violate applicable use
and occupancy restrictions imposed by other provisions of this Declaration,or by any statue,
rule,regulation,ordinance or other law of any governmental entity including but not limited
to rules and orders or the Texas Water Development Board,Texas Water Commission,and
any flood plain,industrial waste or other ordinance of the City of College Station.
2. To pay for water,sewer,garbage removal,landscaping,gardening and all other utilities,
services and maintenance for the property of the Association. To collect assessments from
townhome Owners for the purpose of maintaining Alley Common Areas used by townhome
Owners and or their guests or tenants and to maintain such Alley Common Areas.
3. To pay for any other services necessary or proper in the performance of Association
functions,and to pay for any other taxes or assessments that the Association or the Board
is required to secure or to pay for pursuant to applicable law,the terms of this Declaration,
or the Articles or Bylaws of the Association.
4. To own and operate any and all types of facilities for both active and passive recreation.
5. To construct new Improvements or addition to Association properties,subject to the
approval of the Architectural Committee as required in this Declaration.
6. To enter into contracts with Declarant and other persons,on such terms and provisions as
the Board shall determine,to operate and maintain any of the Common Areas or to provide
any service or perform any function on behalf of Declarant or the Association in connection
with the purposes of the Association,
7. To acquire and own and to dispose of all manner of real and personal property,whether
by purchase,grant,lease,gift or otherwise.
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8. To merge with other associations having the same or similar purposes and objectives,or
terms acceptable to the Board.
5.07 Agreement with City of College Station and County of Brazos. The Declarant,as the agent of the
Association,or the Association,may enter into one or more agreements with the City of College Station or State of Texas
or both,with respect to the landscaping and maintenance of portions of street rights-of-way,or the dedication of any
drainage basin,park or other Common Area within the Property for municipal maintenance.The Association shall accept,
without further requirement or documentation,said agreement and the Requirements and benefits associated therewith,for
any agreement reached by the Declarant.
5.08 Indemnification. The Association shall indemnify any director,officer,or member of a committee duly
appointed pursuant to the Articles or Bylaws who was,or is threatened to be made a named defendant or respondent in
any threatened,pending,or completed action,suit or proceeding,whether civil„criminal,administrative,arbitrative,or
investigative,any appeal in such an action,suit,or proceeding,and any inquiry or investigation that could lead to such an
action,suit,or proceeding(hereinafter a'Proceeding')by reason of the fact that such person is or was a director,officer or
member of such a Committee of the Association,against all judgments,penalties(including excise and similar taxes),
fines,settlements,and reasonable expenses actually incurred by the person in connection with any such Proceeding to the
fullest extent permitted by the Texas Non-profit Corporation Act,as amended and in effect from time to time.Such
authorization of indemnification shall be deemed to be mandatory and deemed to constitute authorization of
indemnification and advancement of expenses to the fullest extent permitted by the Texas Non-Profit Corporation Act,as
amended and in effect from time to time.
ARTICLE VI
ARCHITECTURAL CONTROL COMMITTEE
6.01 The Architectural Control Committee. The Architectural Control Committee shall consist of not more than
3(three)voting members('Voting Members')and such additional nonvoting members serving in an advisory capacity
('Advisory Members')as the Voting Members deem appropriate.The following persons are hereby designated as the
initial Voting Members of the Architectural Control Committee:David Borsack,Donna Borsack,and Daniel Borsack.Any
one or more of said members may appoint another person(including another member of said Committee)to act as his
Agent on said Committee
with full authority.Said Committee shall maintain records of said appointment and its actions as Committee.
In the event a member resigns or no longer serves for any reason,the remaining members shall select a
replacement.
6.02 Action by Architectural Committee. Items presented to the Architectural Control Committee shall be
decided by a majority vote of the Voting Members.
6.03 Advisory Members. The Voting Members may from time to time designate Advisory Members.
6.04 Term. Each member of the Architectural Control Committee shall hold office until which time he or she
has resigned or has been removed or his or her successor has been appointed as provided herein.
6.05 Declarant's Rights of Appointment. Until the Transition Date described in Section 5.03,Declarant,its
successors or assigns shall have the right to appoint and remove all Voting Members of the Architectural Control
Committee,which persons need not be drawn from Association Members.Notwithstanding the preceding sentence,
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Declarant may delegate its right of appointment,or any portion thereof,to the Board by written instrument before such
date.Whenever the Transition Date occurs,the Board shall have the right to appoint all Voting Members.At such time as
the Board gains the right to appoint and remove Voting members of the Architectural Control Committee,or any portion of
this right,a majority of the Voting Members so appointed shall be drawn from Members of the Association.Advisory
Members shall,when reasonably possible,be drawn from Members of the Association.
6.06 Adoption of Rules. The Architectural Control Committee may adopt such procedural and substantive
rules and guidelines,not in conflict with this Declaration,as it deems necessary or proper for the performance of its duties,
including but not limited to similar codes.
6.07 Architectural Control. The Architectural Control Committee shall have the express authority to perform
fact finding functions hereunder and shall have the power to construe and interpret any covenant herein that may be
vague,indefinite,uncertain or capable of more than one construction.The Architectural Control Committee or its agents or
assigns shall have the right,but not the obligation to enter any Lot to determine if violations of this Declaration,the
Residential Design Guidelines,or any other documents promulgated by the Architectural Control Committee or the
Homeowner's Association exist. In so doing,the Architectural Control Committee shall not be subject to any liability for
trespass,other tort or damages in connection with or arising from such entry nor in any way shall the Association or its
agent be liable for any accounting or other claim for such action.The Architectural Control Committee may,at its sole
discretion,retain and/or delegate review of plans and specifications to a designated AIA architect or other such person or
firm as may be designated by the Architectural Control Committee,experienced or qualified to review same,who may then
render an opinion to the Architectural Control Committee.Approval of Plans and Specifications shall not cover or include
approval for any other purpose and specifically,but without limitation shall not be construed as any representation as to or
responsibility for the structural design or engineering of the Improvements or the ultimate construction thereof.The
Architectural Control Committee or its assignee,at its sole discretion and to the extent wherein not expressly prohibited by
this Declaration and any amended or supplemental declaration,is hereby permitted to approve in writing deviations in the
general use restrictions set forth in Article III in instances where,in its judgement,such deviations will result in a more
common beneficial use and enhance the overall development plan for the Property.The approval of a deviation in the
general use restrictions by the Architectural Control Committee does not obligate the Architectural Control Committee to
approve a similar deviation at a later time.Notwithstanding any other provision contained herein,any dwellings,additions,
or Improvements erected or placed on any Lot shall be deemed to comply with the Residential Design Requirements of the
Architectural Control Committee and related covenants contained in the Declaration unless the Architectural Control
Committee so notifies the Owner otherwise in writing within four(4)years from the completion thereof.This provision,
however,shall not be deemed a waiver of the right of the Architectural Control Committee or Declarant to enforce the
continuing restriction of use contained herein.
The Architectural Control Committee shall have the authority hereunder to require any Owner or Owner's agents or
contractors to cease and desist in constructing or altering any Improvements on any Lot,where such actions have not first
been reviewed and approved,constitute a violation of Declaration,the Residential Design Requirements or any other
documents promulgated by the Architectural Control Committee.The violating Owner shall remove such violating
Improvements or site work at its sole expense and without delay,returning same to its original condition or bringing the
Lot into compliance with the Declaration,Architectural Control Committee documents and any plans and specifications
approved by the Architectural Control Committee for construction on that Lot.This Declaration is notice of such
approval requirements and, by purchasing a Lot, Owners hereby agree to bear the cost and expense to cure any
violations according to this provision, regardless of the substantial cost,time or loss of business involved.
Written notice may be delivered to Owner or any agent or contractor with apparent authority to accept same and notice
shall be binding on Owner as if actually delivered to Owner.
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The Architectural Control Committee shall have the right to set reasonable time constraints for both the commencement
and completion of construction,which constraints shall be no less than ninety(90)days to commence construction and
nine(9)months to complete construction from the date of approval granted by the Architectural Control Committee.If
construction fails to start before the designated commencement date or is not completed before the designated completion
date the plans shall be deemed not approved.
The Architectural Control Committee has the right to charge a review fee,to be established by the Board of Directors,for
review of any plans or specifications submitted for approval to the Architectural Committee.
6.08 Actions of the Architectural Control Committee. The Architectural Control Committee may,by resolution
unanimously adopted in writing,designate one or two of its members or an agent acting on its behalf to take any action
or perform any duties for and on behalf on the Architectural Control Committee. In the absence of such designation,
the vote of a majority of all the members of the Architectural Control Commission taken without a meeting,shall
constitute an act of the Architectural Control Committee.
6.09 No Waiver of Future Approvals. The approval or consent of the Architectural Control Committee of any
Plans and Specifications for any work done or proposed,or in connection with any other matter requiring the approval or
consent of the Architectural Control Committee,shall not be deemed to constitute-a waiver of any right to withhold
approval or consent as to any other Plans and Specifications,or other matter whatever,subsequently or additionally
submitted for approval or consent by the same or a different person.
6.10 Work in Progress. The Architectural Control Committee may at its option inspect all work in
progress to insure compliance with approved Plans and Specifications.
6.11 Nonliabilitiy of Architectural Control Committee Members. Neither the Architectural Control Committee
nor any member thereof shall be liable to the Association or to any Owner or to any other person for any loss,
damage or injury arising out of their being in any way connected with the performance of the Architectural Control
Committee's duties under this Declaration unless due to the willful misconduct or bad faith of the Architectural Control
Committee nor any member thereof shall be liable to any Owner due to the construction of any Improvements within
the Property,or the creation thereby of any obstruction of the view from such Owner's Lot or Lots.
6.12 Address. Plans and Specifications shall be submitted to the Architectural Control
Committee in care of the Association,or in care of such other person at such other address as may be
designated by Declarant or the Board,as the case may be,from time to time.
6.13 Certificate of Compliance. Upon completion of any Improvement approved by the
Architectural Control Committee and upon written request by the Owner of the Lot,the Architectural Control
Committee shall issue a Certificate of Compliance in a form suitable for recordation. The Certificate shall
identify the Lot,the Plans and Specifications pursuant to which the Improvements were made,the use or
uses to be conducted with respect to the Improvements,and shall further specify that the Improvements
comply with the approved Plans and Specifications and that said Plans and Specifications are on file with
the Architectural Control Committee of the actual construction of the Improvements or of the structural
integrity,workmanship or materials thereof. The Owner is hereby notified the Certificate in no way
warrants,except as set forth above,the sufficiency or acceptability of or endorsement by,the
Architectural Control Committee of the construction,structural integrity,workmanship or materials of the
Improvements. Preparation and recordation of such a Certificate shall be at the expense of the Owner
of the improved Lot.
6.14 Failure to Act. In the event the Architectural Control Committee or it's designated representative fails
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to approve or disapprove any Plans and Specifications within 15(fifteen)days after the same have been submitted to
it,complete with all other information requested by the Architectural Control Committee in connection with each
submission,approval shall be assumed and,upon construction completion,the Owner of the Improvements so
completed may obtain a Certificate of Compliance as set forth in Section 6.13 above.
6.15 Variances. Notwithstanding any other provision of the Declaration,in order to prevent undue
hardship upon the Owner or Owners of any individual Lot or Lots upon the Property,variance from any restrictions set
out in this Declaration may be granted by a unanimous decision of the Architectural Control Committee in a written
instrument to be duly acknowledged and recorded in the Official Records of Brazos County,Texas if and when such a
variance shall ever be granted.
6.16 Government Agency Approval. Nothing In this Declaration shall be construed to relieve the Owner
from securing such approvals,certificates and/or permits as may be required by law in connection with the
construction of any Improvements on any Lot.
6.17 Relationship with Associates. The Architectural Control Committee has been created pursuant to
this Declaration to perform certain functions specified herein relative to the review and approval of Plans and
Specifications for Improvements built on the Property.The Architectural Control Committee,does not exercise the
authority of the Board,and shall not do so unless and until(i)the Board shall have duly appointed a majority of Board
members to the Architectural Control Committee,and(ii)the Board shall by unanimous resolution,duly recorded in
the records of the Association make the Architectural Control Committee a committee of the Board in accordance with
the Texas Non-Profit Corporation Act.
ARTICLE VII
FUNDS AND ASSESSMENTS
7.01 Assessments.
A. The Association may from time to time levy Assessments against each Lot whether or not
improved.The level of Assessments shall be equal and uniform between all Lots,provided,
however,that no Assessments hereunder shall be levied against Declarant.
B. Where the obligation to pay an Assessment first arises after the commencement of the year or
other period for which the Assessment was levied,the Assessment shall be prorated as of the
date when said obligation first arose in proportion to the amount of the Assessment year or other
period remaining after said date.
C. Each unpaid Assessment together with such interest thereon and costs of collection thereof as
hereinafter provided,shall be the personal obligation of the Owner of the Lot against which the
Assessment falls due,and shall become a lien against each such Lot and all Improvements
thereon. The Association may enforce payment of such Assessments in accordance with the
provisions of this Article.
7.02 Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited
all monies paid to the Association and from which disbursements shall be made in performing the functions of the
association under this Declaration.The funds of the Association must be used solely for purposes authorized by this
Declaration,as it may from time to time be amended. A separate accounting,with the maintenance fund,shall be made
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for Oakland Ridge Townhomes,which shall include only monies collected from Oakland Ridge Townhome Owners with
such monies collected to pay for maintenance of townhome lawns and Common Area Alleys and any other expense which
may currently or in the future be designated strictly for the townhomes. Assessments collected from Townhome Owners
shall also pay for a pro rata share of any common area expense or for any purpose benefitting all members of the Oakland
Ridge Homeowner's Association. In no case,shall a member pay for any expense which is particular to and for the sole
purpose of maintaining Oakland Ridge Townhomes or Common Area Alleys,if that member is not an Owner of a
townhome lot and/or dwelling.
7.03 Regular Annual Assessments. Prior to the beginning of each fiscal year,the Board shall estimate the
expenses to be incurred by the Association during such year in performing its functions under this Declaration,including
but not limited to the cost of maintenance of all entryways,landscaping,greenbelts,common areas,median strip,and
right-of-way maintenance,the cost of enforcing the Covenants and Restrictions,and reasonable provisions for
contingencies and appropriate replacement reserves,less any expected income and any surplus from the prior year's
funds.Assessments sufficient to pay such estimated expenses shall then be levied as herein provided,and the level of
Assessments set by the Board shall 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 individual Assessment,the Association may at any time,and from
time to time levy further Assessments in the same manner as aforesaid.All such regular Assessments shall be due and
payable to the Association on or before the first day at the beginning of the fiscal year or during the fiscal year in equal
monthly installments on or before the first day of each month,or in such other manner as the Board may designate in its
sole and absolute discretion.
7.04 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 its mandatory functions of the Association under this Declaration.The amount and due date of any
special Assessments shall be at the reasonable discretion of the Board.
7.05 Owner's Personal Obligation for Payment of Assessments. The regular and special Assessments
provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments,
except as otherwise provided in Section 7.01A hereof, 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 shall be obligated to
pay interest at the highest rate allowed by applicable usury laws then in effect on the amount of the Assessment from due
date thereof(or if there is no such highest rate,then at the rate of 1-1/2%per month),together with all costs and expenses
of collection,including reasonable attorney's fees.
7.06 Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid,
shall,together with interest as provided in Section 7.05 hereof and the cost of collection,including attorney's fees as
herein provided,thereupon become a continuing lien and charge on the Lot covered by such Assessment,which shall
bind such Lot in the hands of the Owner,and such Owner's heirs,devisees,personal representatives,successors or
assigns.The aforesaid lien shall be superior to all other liens and charges against the said Lot,except only for tax liens
and all sums unpaid on a first mortgage lien or first deed of trust filed of record,securing on either securing on either
instance sums borrowed for the acquisition or Improvement of the Lot in question.The Association shall have the power
to subordinate the aforesaid Assessment lien to any other lien. Such power shall be entirely discretionary with the
Board and such subordination shall be effectuated by an officer of the Association,duly authorized by the Board.To
evidence an Assessment lien,the Association may 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
shall be signed by an officer of the Association,duly authorized by the Board,and shall be recorded in the office of The
County Clerk of Brazos County,Texas.Such lien for payment of Assessments shall attach with the priority above set forth
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from the date that such payment becomes delinquent,and may be enforced subsequent to the recording of a notice of
Assessment lien as provided above,by the foreclosure of The defaulting Owner's Lot by the Association in like manner as a
mortgage secured by a deed of trust on real property,or the Association may institute suit against the Owner personally obligated
to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding,whether judicial or
non judicial,the Owner shall be required to pay the costs,expenses,and reasonable attorney's fees incurred by the Association.
The Association shall have the power to bid 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 shall report to
said Mortgagee the status of any Assessments relating to the Mortgagee's mortgage and remaining unpaid for longer than 30
(thirty)days after due.
ARTICLE VIII
EASEMENTS
8.01 Reserved Easements. All dedications,limitations,restrictions,and reservations shown on any plat
covering all or any portion of the property and all grants and dedications of easements,rights-of-way,restrictions,and related
rights made by Declarant 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 shall be construed as being adopted in each and
every contract,deed,or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the property.
Declarant reserves the right to make changes in and additions to the said easements and right-of-way for the purpose of most
effectively,efficiently and economically developing and marketing the property. Further,Declarant reserves the right without the
necessity of the joinder of any Owner or other person or entity,to grant,dedicate,reserve or otherwise create,at any time or
from time to time,common areas,rights-of-way and easements for public utility purposes(including,without limitation,gas,
cable,water,electricity,telephone and drainage},in favor of any person or entity,along and on either or both sides of any Lot
line,any such easement having a maximum width of seven and one-half(7-1/2')feet on each side of such Lot line.
8.02 Installation and Maintenance. Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat. Within these easements,if any,no structure or other material shall be
placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities; or in the
case of drainage easements,which may change the direction of flow of water through drainage channels in such
easements.The easement area of each Lot,if any, and all Improvements in such area shall be maintained
continuously by the Owner of the Lot except for those Improvements for which a public authority or utility company is
responsible. Neither Declarant nor any utility company using the easements herein or referred to shall be liable for any damages
done by them or their assigns,agents,employees,or servants to shrubbery,streets or flowers or other properly of the
Owners situated on the land covered by said easements.
.03 Surface Areas. The surface of easement areas for underground utility services may be used for planting
shrubbery,trees,lawns,flowers. However neither the Declarant nor any supplier of any utility service using any easement area
shall be liable to any Owner or to the Association for any damage done by them or either of them,or their respective agents,
employees,servants or assigns,to any of the aforesaid vegetation as a result of any activity reasonably relating to the
construction,maintenance,operation or repair of any facility in any such easement area.
8.04 Drainage Easements. Each Owner covenants to provide easements for drainage and water flow, as
contours of land and the arrangement of Improvements approved by the Architectural Control Committee thereon
require.Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage
easements as defined in this Declaration and shown on the Plat.There shall be no construction or Improvements,
temporary or permanent,in any drainage easement,except as may be approved in writing by the Architectural Control
Committee.
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8.05 Blanket Easement. An easement is hereby retained in favor of the Association over all Lots and the
Common Area for the purpose of enforcing the Oakland Ridge Residential Restrictions in accordance with Sector 5.04(E)
hereof, and for the construction of a common cable television system, a common sprinkler system,maintenance of
landscaping,or any other item for the common benefit of the Owners.An easement is further granted for the purpose of
repairing and maintaining any such system so constructed.An entry upon any Lot of the Common Areas to effectuate the
foregoing purpose shall not be deemed as trespass.
ARTICLE IX
MISCELLANEOUS
9.01 Term. This Declaration,including all of the covenants,conditions,and restrictions hereof,shall run
until ,unless amended as herein provided.After ,this Declaration,including all
such covenants,conditions,and restrictions shall be automatically extended for successive periods of ten(10)years each,
unless amended as provided in Section 9.03 below or terminated by a written instrument executed by the Owners of at
least three-fourths(3/4)of the Lots within the Property than subject to this Declaration,filed of record in the Official
Records of Brazos County,Texas.
9.02 Dissolution. Upon termination of this Declaration in accordance with Section 9.01 above,
the Association shall be dissolved. In the event of any such dissolution of the Association,other than incident to a merger
or consolidation,the assets of the Association shall be dedicated to any appropriate public agency to be used for
purposes similar to those of the Association with respect to the Common Areas.In the event that such dedication is
refused acceptance,such assets shall be granted,conveyed and assigned to any nonprofit corporation,association,trust
or other organization to be devoted to such similar purposes.
9.03 Amendment.
A. By Declarant.This Declaration may be amended by The Declarant,acting alone,until the
Transition Date(defined in Section 5.03). No amendment by Declarant shall be effective until there
has been recorded in the Official Records of Brazos County,Texas,an instrument executed and
acknowledged by Declarant and setting forth the amendment,and an instrument executed and
acknowledged by the Secretary of the Association,certifying that the Declarant had the requisite
number of votes.
B. By Owners.After the Transition Date(defined in Section 5.03),this Declaration may be amended
by the recording in the Official Records of Brazos County,Texas,of an instrument executed and
acknowledged by the President and Secretary of the Association setting forth the amendment and
certifying that such amendment has been approved by owners entitled to cast at least sixty percent
(60%)of the number of votes entitled to be cast pursuant to Section 5.03 hereof.
9.04 Notices. Any notice permitted or required to be given by this Declaration shall be in
writing and may be delivered either personally or by mail it shall 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
or 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.
9.05 Severability Construction. If it is found that any provision contained in this Declaration is in
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•
violation of any law,then such provision shall be interpreted to be as restrictive as possible to preserve as much of
the original provision as allowed by law.The invalidity, illegality or unenforceability of any provision of this
Declaration shall not affect any other term or provision hereof and the terms and provisions hereof shall thereafter
be construed as if such invalid, illegal or unenforceable term of provision had never been contained herein.
IN WITNESS WHEREOF. Declarant has executed this Declaration as of this day of 2006.
Oakland Ridge Partners, LLC, a Texas limited liability company
By: Oakland Ridge Partners, LLC., a Texas Limited liability company, its Manager
By:
THE STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the day of , 2007, by
a Texas limited liability company, on behalf of said
company.
Notary Public, State of Texas
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