2.01 Development Period; Development by DECLARANT. 

DECLARANT hereby reserves for itself and its successors and assigns, a Development Period, as defined in this Declaration, with each and every right, reservation, privilege, and exception available or permissible under Applicable Law for declarants and developers of residential subdivisions, if and to the full extent that such right, reservation, privilege or exception is beneficial to or protective of DECLARANT or builders. During the Development Period, DECLARANT may facilitate the development, construction and marketing of the Subdivision and direct the size, shape and composition of the Subdivision, and DECLARANT may (a) add land to the Property as provided in Section 2.02, (b) divide or subdivide the added Property into several areas, (c) withdraw portions of the Property from this Declaration, (d) sell some of the Property free of these restrictions, (e) develop some of the Property,(f) at DECLARANT's option, dedicate some of the Property as Local Common Areas, Recreation and Open Space, private roadways, or for other purposes for the benefit of the developed areas, in accordance with DECLARANT's master plan for the Property. It is contemplated that the Property will be developed pursuant to a master concept plan, which may, from time to time, be amended or modified, in which the development of and restrictions upon each portion thereof will benefit each other portion and the whole thereof. As each area is developed or dedicated, DECLARANT may record one or more amended Declarations or Supplemental Declarations and designate the use, classification, and such additional covenants, conditions, and restrictions, as DECLARANT may deem appropriate for that area. Any amended Declaration or Supplemental Declaration may, but need not, provide for the establishment of a sub-association to be comprised of Owners within the area subject thereto. Any amended Declaration or Supplemental Declaration may provide its own procedure for the amendment of any provisions thereof, as for example, by a specified vote of only the Owners of some of the Property within the area subject thereto. All lands, improvements and uses in each area so developed shall be subject to both this Declaration and the amended Declaration or Supplemental Declaration, if any, for that area.

2.02 Annexation. 

During the Development Period, DECLARANT may at any time, and from time to time, add additional land to the Property. Said land to be added shall at that time be bound by the terms of these restrictions and any future modifications thereof, by filing of record an amended Declaration or a Supplementary Declaration.

2.03 Declarant Control Period. 

[Declarant Control Period Ended ~12/31/2020]

DECLARANT hereby reserves for itself and its successors and assigns, a Declarant Control Period, as defined in this Declaration, with each and every right, reservation, privilege, and exception available or permissible under Applicable Law for declarants and developers of residential subdivisions, if and to the full extent that such right, reservation, privilege or exception is beneficial to or protective of DECLARANT or builders. The Declarant Control Period runs continuously from the date this Declaration is recorded until 120 days after 75% percent of the Lots that may be created on the Property, including additional land added to the Property, have been improved with Residences and conveyed to Owners other than builders or DECLARANT, or their respective affiliates, to the extent permitted by Applicable Law. In no event may the Declarant Control Period last longer than 20 years after the date on which this Declaration is publicly recorded, subject to the right of DECLARANT to unilaterally amend this Section for any purpose, including to increase or decrease the maximum length of the Declarant Control Period. No act, statement, or omission by the Association may affect termination of the Declarant Control Period earlier than the term stated in this Section. DECLARANT, however, may terminate the Declarant Control Period at any earlier time by recording a notice of termination. The Declarant Control Period is for a term of years or until the stated status is attained, and does not require that DECLARANT own a Lot or any other portion of the Property or land added to the Property.

2.04 Maximum Number of Lots. 

To satisfy a requirement of Applicable Law, that the Declaration state the maximum number of Lots that may be created and made subject to the Declaration, DECLARANT hereby states that maximum number of Lots as one hundred and fifty­ seven (157), and DECLARANT reserves the right to increase or reduce that number by amendment of this Declaration or supplement to this Declaration. 

2.05 Imposition of Covenants. 

DECLARANT imposes the Covenants on the Subdivision.   All Owners and other occupants of the Lots by their acceptance of their deeds, leases, or occupancy of any Lot agree that the Subdivision is subject to the Covenants. The Covenants are necessary and desirable to establish a uniform plan for the development and use of the Subdivision for the benefit of all Owners. The Covenants run with the land and bind all Owners, occupants, and any other person holding an interest in a Lot. Each Owner and occupant of a Lot agrees to comply with the Governing Documents and agrees that failure to comply may subject him, her, it or them to a fine, an action for amounts due to the Association, damages, and/or injunctive relief.

2.06 Plat and Easements. 

The Plat, Easements and all matters shown of record affecting the Property are part of this Declaration and are incorporated herein by reference. Owners do not own any drainage, utilities or other facilities located in an Easement. Neither DECLARANT nor any Easement holder is liable for damage to landscaping or Improvements in an Easement. DECLARANT and each Easement holder may install, maintain and connect applicable Improvements and facilities in the Easements. The DECLARANT reserves the right to locate, construct, erect and maintain or cause to be located, constructed, erected and maintained in and on any areas conveyed to the Association or reserved as Local Common Areas, Recreation and Open Spaces, or Private Roadways, sewer and other pipelines, conduits, wires and any public utility function beneath or above the surface of the ground, with the approval of the ACC and with the right of access to the same at any time for the purpose of repair and maintenance.

2.07 General Provisions Regarding Development and Governance. 

Notwithstanding Applicable Laws that link a declarant' s control of real property development with its control of the governing body, such as the Association, DECLARANT and this Declaration recognize the independence of those realms and functions and the distinct differences between the Development Period and the Declarant Control Period. DECLARANT may terminate its reserved rights to appoint officers and directors of the Association without affecting any of DECLARANT' S other rights and reservations under this Declaration or Applicable Law. This Declaration creates a number of periods of time for the exercise by DECLARANT of certain reserved rights, such as the Declarant Control Period and the Development Period. Each reservation period is independent of the others. Each reservation is for a term of years or until a stated status is attained, and does not require that DECLARANT own a Lot or any other land comprising a part of the Property or any additional land added to the Property or made subject to this Declaration. No act, statement, or omission by the Association, a builder, or any other party may affect a change or termination of any reservation period set forth in this Declaration or other Governing Document. DECLARANT, however, may unilaterally change any reservation period by amending this Declaration. To document the end of a reservation period, DECLARANT may (but is not required to) execute and publicly record a notice of termination of the reservation period.

2.08 General Reservation of Rights by DECLARANT.   

DECLARANT hereby reserves for itself each and every right, reservation, privilege and exception available or permissible under Applicable Law for declarants and developers of residential subdivisions, if and to the full extent that such right, privilege, or exception is beneficial to or protective of DECLARANT or builders. If the benefit or protection of Applicable Law is predicated on an express provision being in this Declaration or other Governing Document, such provision is hereby incorporated herein by reference unless DECLARANT executes an instrument to disavow such benefit or protection.

All of the Property shall be owned, held, encumbered, leased, used, and occupied and enjoyed subject to the following limitations and restrictions

3.01 Antennas. 

No exterior radio or television antenna, aerial or receiving dish greater than 24" in diameter shall be erected or maintained without the prior written approval of the ACC, except for any which may, at DECLARANT's option, be erected by DECLARANT or DECLARANT's designated representative. No radio signals, television signals, or any other form of electromagnetic radiation shall originate from any Lot which may unreasonably interfere with the reception of any television, electromagnetic or radio signal on any other Lot.

3.02 Obnoxious Activities. 

No nuisance, obnoxious or offensive activities shall be carried on any Lot so as to render any such Lot or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Lot in the vicinity thereof or to its occupants. Without limiting the generality of any of the foregoing provisions, no excessive dog barking, no exterior speakers, horns, whistles, bells or any other devices, except security devices used exclusively for security purposes, shall be located, used or placed on any such Property which are audible from neighboring Property.

3.03 Subdividing and Resubdividing. 

No Lot which has been finally platted shall be further divided or subdivided, nor may any easements be conveyed by the Owner thereof (including any sub-association) without the prior written approval of the ACC; provided, however, that when DECLARANT is the Owner thereof, DECLARANT may further divide and subdivide any Lot and convey an easement or other interest less than the whole, all without the approval of the ACC. Each Owner of a Lot, subject to the provisions of this Declaration, by acceptance of a Deed to said Lot, whether it is expressly stated in said Deed or not, hereby irrevocably grants to DECLARANT all consent and authority required by law to vacate the subdivision plat of which the Lot is included, or a portion thereof, and resubdivide the vacated portion, and each Owner does hereby and irrevocably appoint DECLARANT as his attorney-in-fact for the purpose of executing such instrument, or instruments, as may be required to accomplish such vacating and resubdividing; provided, however, that:

1. Any vacating and resubdividing shall require the consent of the Governmental Agency exercising control; and

2. The location, Lot lines and size of any Lot not owned by DECLARANT shall not be changed or altered by the resubdivision without the written consent of the Owner of the affected Lot.

Nothing herein shall be deemed to require the approval of the ACC for the transfer or sale of any Lot, including Improvements thereon, to more than one person, to be held by them as tenants-in­ common or joint tenants, or for the grant of any Mortgage.

3.04 Signs. 

[Updated 10.6.21 by Community Vote]

No sign of any kind shall be displayed to the public view without the prior written approval of the ACC, except for political signs that comply with Section 202.009 of the Texas Property Code, as amended, provided, however, all such political signs must be ground­ mounted and only one (1) sign may be displayed for each candidate or ballot item. Except as provided by this Section, the ACC shall have the right to approve signs of any type advertising a portion of the Property for sale or lease and it may set standards for the same. The HOA Board, or its assigns, will have the right to enter any Lot and to remove any sign, advertisement, billboard, or advertising structure that does not comply with the above, and in so doing shall not be subject to any liability of trespass or other tort in connection therewith or arising out of such removal. Owners may erect small identification signs with their names and address subject to ACC approval.

3.05 Rubbish and Debris. 

No rubbish or debris of any kind (including weeds, brush, or material of any nature deemed to be rubbish or debris by the ACC) shall be placed or permitted to accumulate upon any portion of the Property, and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Property or to its occupants. The ACC shall determine what constitutes rubbish, debris, or odors and what conditions render any portion of the Property unsanitary, unsightly, offensive or detrimental to any other Property or to its occupants, and the decision of the ACC shall be final and binding on all parties. Refuse, garbage and trash shall be kept at all times in a covered container, and such container shall be kept within an enclosed structure or appropriately screened from view. No garbage or trash shall be permitted to be buried on any Lot at any time. Composting shall be permitted only of vegetative matter and only if such composting is: (i) confined to an area to the rear of the house and in a receptacle approved by the ACC, (ii) not Visible from Neighboring Property or from any street, and (iii) maintained in an inoffensive manner.

3.06 Construction of Improvements. 

No Improvements shall hereafter be constructed upon a Lot or any portion of the Property without the prior written approval of the ACC. During the construction of the primary Residence or other substantial Improvements, the Owner shall provide or assure that the contractor employed by the Owner provide portable toilet facilities which will be maintained and serviced by a certified sanitary service company and a trash dumpster, which shall be regularly maintained. The positioning of all Improvements upon Lots within the Property is hereby expressly made subject to ACC review and approval.

3.07 Lot Maintenance. 

The Owners or occupants of all Lots shall at all times keep all weeds and grass cut in an attractive manner, and shall in no event use any Lot for storage of materials and equipment except for normal residential requirements as incident to construction of Improvements thereon as herein permitted. The exterior of each Residence and garage shall be maintained in good repair, including but not limited to the maintenance of: (i) exterior paint such that no peeling of the paint exists, and (ii) rain gutters and downspouts such that they are properly attached to the Residence and are functional and operational for their intended purpose. All fences, if any, which have been erected on any Lot by DECLARANT or otherwise shall be maintained in good repair by Owner, and Owner shall promptly repair or replace the same in the event of partial or total destruction. The drying of clothes outside is prohibited. New building materials used in the construction of improvements erected upon any Lot may be placed upon a Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without undue delay, until the completion of the Improvements, after which these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot.

3.08 Alteration or Removal of Improvements. 

Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement, or the removal of any improvement, shall be performed only with the written approval of the ACC.

3.09 Use of Recreation and Open Spaces. 

[Updated 10.6.21 by Community Vote]

No land within any Recreation and Open Space shall be improved, used or occupied, except in such manner as shall have been approved by the Board in its sole and absolute discretion.

3.10 Illegal Activities and Other Prohibited Activities. 

The following shall be prohibited activities on the Property: illegal activities, activities prohibited by the Governing Documents and activities prohibited by applicable governmental authorities.

3.11 Drainage. 

There shall be no interference with drainage patterns over any of the Property, except by DECLARANT, unless adequate provision is made for proper drainage and written approval by the ACC is obtained prior to any construction work or other activity, which may cause such interference with established drainage patterns. No objects or structures, including but not limited to buildings, fences, or landscaping shall be allowed in a drainage easement or drainage area except as may be approved by the ACC and all appropriate governmental authorities.

3.12 Hazardous Activities. 

[Updated 10.6.21 by Community Vote]

No activities shall be conducted on the Property and no Improvements shall be constructed on the Property, which are or might be unsafe or hazardous to any Person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon the Property, no open fires shall be lighted or permitted except in a well-designed and approved outdoor fire pit or outdoor fireplace or contained barbecue unit (while attended and in use for cooking purposes), within a safe and well­ designed interior fireplace, or such campfires or picnic fires in Recreation and Open Spaces designated by the Board for such use by the Association as to Association Property.

3.13 Temporary Structures. 

No tent, trailer, garage, barn, shack or other Improvement structure of a temporary nature shall be placed upon the Property, except that temporary structures necessary for storage for tools and equipment, and for office space for architects, builders and foremen during actual construction may be maintained with the approval of the ACC, such approval to include the nature, size, duration and location of such structure. DECLARANT reserves the exclusive right to erect, place and maintain such facilities in or upon any portion of the Property as in its sole discretion may be necessary or convenient while selling Lots, selling or constructing residences and constructing other Improvements upon the Property. Such facilities may be in the form of permanent or portable buildings, trailers or other facilities and may include, but not necessarily be limited to, sales, construction and financing offices, storage areas, model units, signs, and portable toilet facilities. The terms of this Section shall control over other terms and provisions of this Declaration or the Governing Documents to the contrary.

3.14 Mining and Drilling. 

No portion of the Property shall be used for the purpose of mining, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons.

3.15 Animals. 

No kennel or other facility for raising or boarding dogs or other animals for commercial purposes shall be kept on any part of the Property. The keeping of ordinary household pets such as dogs or cats is allowed, but no poultry, fowl, livestock or other animals may be kept on any portion of the Property.  A maximum of two (2) adult dogs and/or two (2) adult cats shall be permitted. Every Owner shall erect appropriate fencing to confine all of their household pets within their Lot.  All dogs off the Owner's Lot shall be on a leash.  No animals shall be permitted until appropriate fencing is complete.

3.16 Unsightly Articles: Vehicles. 

No article deemed to be unsightly by the ACC shall be permitted to remain on any portion of the Property so as to be visible from an adjoining Lot or public or Private Roadways. Liquid propane, gas, oil and other exterior tanks shall be kept within enclosed structures or permanently screened from view. No Vehicle may be parked or stored on any part of any Lot, easement, right-of-way or Common Area or in the Private Roadway to any Lot, easement, right-of-way or Common Area unless such Vehicle does not exceed: (i) six feet six inches (6'6") in height, or (ii) seven feet six inches (7'6") in width, or (iii) twenty-three  (23') feet in length; and is concealed from public view inside a garage or other approved enclosure, except passenger automobiles, passenger vans (the term "passenger vans" specifically excludes motorhomes and recreation vehicles), motorcycles, pick-up trucks, or pick-up trucks with attached-bed campers, that are in operating condition, having current license plates and inspection stickers, and are in routine use as Vehicles on the streets and highways of the State of Texas and which do not exceed: (i) six feet six inches in height, or (ii) seven feet six inches in width, or (iii) twenty-three feet in length. No non-motorized Vehicle, trailer, boat, marine craft, hovercraft,  aircraft, machinery or equipment or any part thereof of any kind may be parked, serviced, repaired (except minor emergency repairs) or stored, on any part of any Lot, easement, right-of-way, or Common Area or in the Private Roadway to such Lot, easement, right-of-way, or Common Area unless such object is concealed from public view inside a garage or other approved enclosure. The phrase "approved enclosure" as used in this Section shall mean any fence, structure or other Improvement approved by the ACC. If a complaint is received about a violation of any part of this Section, the ACC will be the final authority on the matter. This restriction shall not apply to any vehicle, machinery, or maintenance equipment temporarily parked and in use for the construction, repair or maintenance of a house or other Improvement in the immediate vicinity.

3.17 Mobile Homes. 

Travel Trailers and Recreation  Vehicles.  No mobile homes shall be parked or placed on any Lot or portion of the Property at any time, and no travel trailers or recreational vehicles shall be parked outside an approved enclosure on or near any Lot or portion of the Property so as to be visible from adjoining Lots or portions of the Property or from public or private thoroughfares for more than forty-eight (48) hours. Installing a mobile home, manufactured home, manufactured housing, motor home or house trailer on a Lot or portion of the Property is prohibited.

3.18 Fences. 

The construction of fences shall be restricted, and no fence shall be constructed on the Property without the prior written consent of the ACC. Galvanized chain link, wire, concrete, or concrete block fences are specifically prohibited. The ACC may, in its sole discretion, prohibit the construction of any proposed fence, or specify a different type of material for which any proposed fence must be constructed, or require that any proposed fence be screened so as not to be visible from other portions of the Property.

3.19 Interior Lot Fences. 

Fences shall be four feet (4'), five feet (5') or six feet (6') in height and shall be built of wrought iron, masonry, stucco, or fencecrete. Fences on Lot 1 and Lot 128 on side adjacent to Gato Del Sol Avenue shall be built of masonry or fencecrete of similar appearance to the masonry at the entrance of Subdivision or the fencecrete adjacent to Trautwein Road within Subdivision and must be approved by the ACC in writing prior to construction.

3.20 Mailboxes. 

No mailbox shall be erected on a Lot without the prior written consent of the ACC. The ACC may, in its discretion, specify a standard mailbox design to be utilized in any neighborhood.

3.21 Siding. 

Metal Roofs: Wood, Asphalt and Composition Roof Shingles. One-story plans must have 100% masonry, to include brick, stone, stucco or other materials approved by the ACC (exclusive of side gables, all dormers, front porches, and front gables on non-load bearing areas). Two-story plans must have 100% masonry on the first floor and at least 75% masonry on the second floor, to include brick, stone, stucco or other materials approved by the ACC (exclusive of side gables, all dormers, front porches, front gables on non-load bearing areas, and walls not supported by masonry below). Notwithstanding the foregoing, the ACC is empowered to reject or accept a plan that does or does not meet these masonry requirements, if in the ACC's sole discretion the building would enhance, blend in, or detract from the general appearance of the neighborhood. All siding shall be a lightweight concrete product.  The eaves and soffits shall not be considered in computing the amount of exterior siding used. The decision of the ACC as to the percentage of exterior siding used, or shown on a construction plan, shall be final and binding on all parties.   With regard to roofs and roofing materials, the following terms shall apply:   (a) the use of wooden roof shingles is specifically prohibited; (b) metal roofs and tile roofs are allowed with the prior written consent of the ACC, (c) Asphalt roof shingles and composition shingles are allowed with the prior written consent of the ACC, provided, however, the roof shingles shall be a 30-year dimensional asphalt or composition minimum quality or grade, and (d) an Owner is not prohibited or restricted from installing shingles on a roof that comply with Section 202.011 of the Texas Property Code, as amended.

3.22 Hunting/Trapping/Firearms. 

Hunting, trapping and discharge of firearms are expressly prohibited within the Property.

3.23 Dumping.  

Dumping of ashes, trash, rubbish, sawdust, garbage, landfill, solid waste and any type of refuse and other unsightly or offensive material is expressly prohibited within the Property.

3.24 No Overnight Parking. 

No vehicle of any kind shall be allowed to park overnight on any street within the Property. Each Lot shall provide reasonable on-site parking for guests.

3.25 Motorcycles.  

The use of motorcycles and any motorized vehicles shall be limited to those, which have been approved and are legal for street use. Such use shall be limited to the private streets, and the use of motorcycles and any motorized vehicle on any Common Area is expressly prohibited.   No off-road use of any motorcycles or motorized vehicles shall be permitted, and all motorcycles operated within the Property shall have mufflers installed in good condition, which limits the exhaust noise to no more than eighty (80) decibels, ten (10) feet from the end of the exhaust pipe.

3.26 Trees. Shrubs and Landscaping. 

The ACC shall have the right to approve the removal and/or addition of trees, shrubs, hedges, ground cover and all other landscaping, notwithstanding the landscaping requirements referenced in Section 4.08.   All landscaping must be maintained to be consistent with the overall style and appearance of the subdivision.

3.27 Underground Utility Lines. 

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 Property within the Subdivision unless the same shall be contained in conduit or cables installed and maintained underground or concealed in, under or on buildings or other structures as approved in writing by the ACC; provided, however, that no provision hereof shall be deemed to forbid the erection or temporary power or telephone structures incident to the construction of buildings or structures which have been previously approved in writing by the ACC. The installation method, including, but not limited to, location and type of installation, for both temporary and permanent utilities shall be included in the Plans and Specifications and approved in writing by the ACC.

3.28 Improvements and Alterations. 

No structures, Improvements, alterations, repairs (excluding routine repairs), excavations or other work which in any way alters the exterior appearance of any structure within the Subdivision or the appearance of any other Improvement located thereon from its natural or improved state existing on the date such Property was first conveyed in fee to the current Owner, purchaser or annexed by DECLARANT, whichever is later, shall be made or done without the prior approval of the ACC.

3.29 Solar Energy Device. 

Request for approval of installation of any type of solar energy device shall be included in the Plans and Specifications and approved in writing by the ACC, provided, however, nothing shall prohibit an Owner from installing shingles on a roof that provide solar generation capabilities that comply with Section 202.011 of the Texas Property Code and any amendments thereof, subject to the terms, restrictions and limitations set forth in Section 202.010 of the Texas Property Code and any amendments thereof, and except that during the Development Period, DECLARANT may prohibit or restrict an Owner from installing a solar energy device.  The Association may prohibit a solar energy device pursuant to the terms of Section 202.010 (d) of the Texas Property Code and any amendments thereto.

3.30 Garages. 

Each Single Family residential structure shall have a minimum two-car garage.

3.31 Trees. 

The native trees larger than eight (8) inches in diameter, measured six (6) feet from the base of the tree, on any Lot shall not be destroyed or removed from any Lot without the prior approval of the ACC, except such trees as may be necessary for the construction and maintenance of roads, driveways, residence, garages, septic fields, accessory buildings and/or walled-in service yards, patios and decks.

3.32 Damaged or Destroyed Residences and Improvements. 

Any Residence or Improvement that is damaged must be repaired within sixty (60) days (or within a period of time approved by the ACC) and the Lot restored to a clean, orderly and attractive condition within such 60 day period. Any Residence or Improvement that is damaged to the extent that repairs are not practicable must be demolished and removed within ninety (90) days and the Lot restored to a clean and attractive condition within such 90 day period.

3.33 Violation of Governing Documents.

A violation by an Owner, his family, guests, lessees or licensees, of the Governing Documents shall authorize the Board to avail itself of any one or more of the following remedies:

1. The right to enter the Property and Improvements, after thirty (30) days notice of the violation, and cure or abate such violation and to charge the expense thereof, if any, to such Owner, or

2. The right to seek injunctive or any other relief provided or allowed by law against such violation and to recover from such Owner all its expenses and costs in connection therewith, including, but not limited to, attorney's fees and court costs.

Before the Board may invoke the remedy provided in Paragraphs (1) and (2) above, it shall afford the Owner Notice and a Hearing. If, after the hearing, a violation is found to exist, the Board's right to proceed with the listed remedies shall become absolute.

In addition to the general restrictions set forth above, the Property and any portion thereof that has been subdivided into Lots shall be subject to the following limitations and restrictions, which are designed to protect the residential character of the Property.

4.01 Residential Use. 

All Lots within the Property shall be improved and used solely for Single Family residential use, except that, as to any specific areas, DECLARANT may, in its sole and absolute discretion, permit other Improvements and uses.

4.02 Plans and Specifications. 

Each Owner shall submit detailed Plans and Specifications, pursuant to the Rules of the ACC, and such Plans and Specifications must be approved in writing prior to the commencement of construction of any Residence  or Improvements. The Plans and Specifications shall include, but not be limited to:

1. A site plan showing the location of the Residence, fences, mailbox, driveway(s), septic systems and all other Improvements to the Lot.

2. A set of plans for each Residence and any Improvements by a registered architect, builder or designer that clearly demonstrates that the Residence and any Improvements described by the Plans is designed for the specific Lot, except where a master set of plans has been approved by the ACC and can be repeated; and floor plans, foundation plans, building section, landscape plan, specifications including detailed descriptions and samples of all exterior materials and finishes.

4.03 Time for Construction.

1. The construction of a Residence, structure or Improvement shall be continuous and proceed in an orderly fashion without interruption, and any structure or Improvement on a Lot shall be completed in a reasonable time, not to exceed eighteen (18) months from the commencement of construction.

2. Commencement of construction shall mean the first on-site work for construction, including, but not by way of limitation, excavation or site preparation for the purpose of foundation.

3. Materials and equipment necessary for construction, and all debris resulting from clearing or construction shall be confined to the Lot and stored in either a dumpster or bin and removed at the end of construction, and shall not be left on any other Lots, Local Common Areas, or roadway.

4.04 Improvements and Use. 

The Property described in this Declaration shall be used as home sites for Single Family Residences only. All Lots within such areas shall be improved and used solely for Single Family Residences. No Lots within any portion of the Property designated by DECLARANT for use as Single Family residential purposes shall be improved or used except by a Residence designated to accommodate not more than a Single Family, plus a garage, fencing and such other Improvements as are necessary or customarily incident to a Single Family residence. Each such Residence on a platted Lot shall have an attached or detached garage for two (2) or more cars.  Garages shall be used for the storage of Vehicles and other personal property. No garage shall be converted into living space unless a replacement garage complying with the provisions of this Declaration is constructed prior to such conversion and such conversion is approved by the ACC. But, in general, all outbuildings will be constructed of the same materials and be consistent with the architectural design of the primary Residence. As used herein, the term "residential purposes" shall be construed to prohibit mobile homes or trailers being placed on the Lots, or the use of said Lots for garage apartments.  No Lot designated by DECLARANT for use as Single Family residential purposes shall be used for business or professional purposes of any kind (including, without limitation, childcare), not for any commercial or manufacturing purposes. Outbuildings, storage sheds, and dog kennels shall be permitted subject to the prior written approval of the ACC, but must be hidden from view from any street. All one-story Single Family Residences shall have a living area of not less than two thousand five hundred (2,500) square feet, exclusive of open and closed porches, patios, garages, porte-corches, balconies or decks. All two­ story Single Family Residences shall have a living area of not less than two thousand eight hundred (2,800) square feet, exclusive of open and closed porches, patios, garages, porte-corches, balconies or decks. Moving a previously constructed Residence or house onto a Lot or the Property is prohibited.

4.04.1 RESIDENTIAL USE

Added 7/13/2023 by 116 votes of the Community (74.8%)

This amendment clarifies and further defines the terms “business or professional purposes” used in Section 4.04 above. The restriction included in Section 4.04 shall be interpreted to restrict any Owner from allowing their lot or any part thereof to be used for such business or professional purposes even if the owner is not a participant. For the purposes of interpreting and applying the restriction found therein, this amendment shall be used. When considering this restriction, the term “business or professional purposes” shall NOT be interpreted in whole or in part to include or in any way restrict the use of a residence or any part thereof (including but not limited to a home office or other room) for the purpose of working as a part of one’s profession, or any other endeavor whether for-profit or not-for-profit so long as the usage does not involve invitees – whether these invitees are customers, employees, volunteers, students or other guests associated with the work. This sub-section in combination with Section 4.04 is intended to specifically address “for-profit” or “not-for-profit” business use as defined above that involves the potential for traffic or other nuisance in the neighborhood and is not intended to limit personal use of a Lot for activities such as social gatherings. In the event there is any ambiguity around the term “nuisance” the Board shall have the final and ultimate determination. The hiring of 3^rd parties to complete contract work on a Lot for the benefit of an Owner shall not be considered as restricted by these sections.

4.05 Rentals.

Nothing in this Declaration shall prevent the rental of any Property within the Property by the Owner thereof for residential purposes. Leases must be in writing and must have rental periods of at least six (6) months.

4.06 Construction in Place. 

All Residences and other approved Improvements and structures, except children's playhouses constructed within the Property, shall be built in place on the Lot (the use of prefabricated materials shall be allowed only with the prior written approval of the ACC), it being the intent of this Declaration that only new construction shall be placed and erected on the Lots and the Property.

4.07 Set-Back Requirements.  

No Residence, building or structure shall be located on any Lot nearer the street than the setback lines on the recorded plat or fifty feet (50'), whichever is greater. DECLARANT or ACC may grant waiver to any of the setbacks. Likewise, no Residence, building or structure shall be located nearer than ten feet (10') to an interior Lot line shown on the plat, or nearer than twenty-five feet (25') to the rear Lot line or other setback requirements as may be imposed by local ordinance, or nearer than twenty-five feet (25') on the street side of a corner lot. In addition to the above mentioned setbacks, no residence, building or structure shall be located nearer than thirty feet (30') to the Lot line adjacent to Gato Del Sol Avenue on Lots 1 and 128 only. Fences shall not be considered as part of a structure for purposes of this Section. In the event a buyer purchases two (2) or more adjoining Lots and desires to construct a Residence across the common side Lot lines(s), the ACC may permit such act by written waiver of the side Lot line setbacks, provided there is not then, or known to be planned, any utility easement along the common side Lot line. Said approval will be subject to the approval of and compliance with any City, County or State statutes or guidelines.

4.08 Yards and Sprinkler Systems. 

All yards, including trees and plantings of all types, shall be well maintained and kept neat, trimmed and free of debris at all times. The front yard of any residence shall consist of that area between the street (or streets) adjacent to the Lot, the Property lines on each side of the Lot, and the front building line or lines of the Residence extended to the Property lines on each side of the Lot. A combination of sod and plantings shall extend at least fifty feet (50') from the residence towards the ribbon curb of the street on all Lots. The remaining portion of the front yard must consist of xeriscaping or water conserving natural turf. All required sodded areas of each Residence shall contain an underground sprinkler system of a design adequate to water the designated area.  All landscaping designs require prior written approval of the ACC.

4.09 Driveways.  

All driveways must be at least twelve feet (12') wide and constructed of concrete or pavers. Garage doors shall not be visible from the street or streets adjacent to the Lot without the prior written approval of the ACC.

4.10 Swimming Pools.  

Moveable aboveground swimming pools are strictly prohibited. All swimming pools must be in a fenced enclosure.

4.11 Fireworks 

[Added by >67% Member Vote 10.6.21]

No Fireworks may be discharged on the Property except for during limited times as posted by the HOA Board on the community website and other such channels as may be available for communication. For the purpose of this section, Fireworks are defined as any device containing gunpowder and other combustible chemicals that cause a spectacular explosion when ignited, used typically for display or in celebrations. Discharge of Fireworks at any time outside of the specifically approved posted times is considered a violation of these governing documents and will be subject to fines as described in the fine section.

5.01 Organization and Governance. 

The Association is established by filing the Certificate. The Association is governed by the Governing Documents, as applicable. The Association has the powers of a non-profit corporation and a property owners association under the Texas Business Organizations Code, the Texas Property Code and the Governing Documents. The Association is created for the purposes, charged with the duties, and invested with the powers prescribed by law or set forth in the Governing Documents. The Owners of the Lots will assume and perform the obligations of the Association upon request by DECLARANT.

5.02 Membership. 

The Owner of each Lot, whether such Owner be one or more persons or entities, shall, upon and by virtue of becoming such Owner, automatically become a Member of the Association and shall remain a Member until such Owner's ownership of a Lot ceases for any reason, at which time such Owner's membership in the Association shall automatically cease. Membership in the Association shall be appurtenant to and shall automatically follow the fee ownership of each Lot and may not be separated from ownership of a Lot. Whenever the fee ownership of any Lot passes from one Person to another, by whatever means, it shall not be necessary that any instrument provide for transfer of membership in the Association, and no certificate of membership will be issued.

5.03 Classes of Voting Members. 

Voting. The Association has two classes of voting Members, as follows:

1. Class A. Class A Members are all Owners, other than DECLARANT. Class A Members have one vote per Lot. When more than one Person is an Owner, each is a Class A Member, but only one vote may be cast for a Lot.
2. Class B. The Class B Member is DECLARANT and DECLARANT has four (4) votes for each Lot owned. The Class B Membership ceases and converts to Class A Membership on the earlier of:

• i. when the Class A Members' votes exceed the total of Class B Member's votes or 
• ii. December 31, 2023.

In no event shall more than one (1) vote be cast with respect to any Lot not owned by DECLARANT.

5.04 Joint or Common Ownership. 

Any Property interest, entitling the Owner(s) thereof to vote as herein provided, held jointly or in common by more than one (1) person, shall require that the Owner(s) thereof designate, in writing, the individual person or Owner who shall be entitled to cast such vote(s) and no other person shall be authorized to vote in behalf of such Lot. A copy of such written designation shall be filed with the Secretary of the Board before any such vote may be cast, and upon the failure of the Owner(s) thereof to file such designation, such votes shall neither be cast nor counted for any purpose whatsoever.

5.05 Voting. 

Voting rights and procedures, including quorums required for voting, are set forth and governed by the Bylaws.

5.06 Board of Directors and Officers. 

The affairs of the Association shall be conducted by the Board and such officers as the directors of the Board may elect or appoint, in accordance with the Governing Documents, as the same may be amended from time to time. Initially, the directors of the Board will be composed of appointees of DECLARANT. The initial directors of the Board shall be composed of Cosmo Palmieri, J. Kelly Gray, and Scott Booth, who shall serve until replaced in accordance with the Bylaws and this Declaration. During the Declarant Control Period, Declarant has the right to appoint at least a majority of the directors of the Board. Future directors of the Board shall be elected or appointed in accordance with the Bylaws.

5.07 Duties of the Association. 

Subject to and in accordance with these restrictions, the Association, acting through the Board, shall have and perform each of the following duties:

1. Association Property.

* Ownership and Control. To accept, own, operate and maintain all Local Common Areas, Private Roadways, and Recreation and Open Spaces which may be conveyed to it by DECLARANT, together with all improvements of whatever kind and for whatever purpose which may be located in said areas; and to accept, own, operate and maintain all other property, real and personal, conveyed to the Association. All of the areas shown or designated as common areas on the Plat are hereby dedicated as Local Common Areas for the use and benefit of all persons and entities owning Lots or property or an interest in any property in the Subdivision. Ownership of Local Common Areas, Private Roadways, Recreation and Open Spaces within the Subdivision shall be conveyed to the Association when seventy-five percent (75%) of the Lots that may be created or added to this Declaration (including any and all Lots that may be added to the Subdivision pursuant to this Declaration) are conveyed to Owners other than DECLARANT These restrictions shall not apply to the Local Common Areas and reserve areas shown on the Plat.

* Repair and Maintenance of Association Property. To maintain in good repair and condition, and make capital improvements to all lands, Improvements and other Association Property.

* Taxes. To pay all real and personal property taxes and other taxes and assessments levied upon or with respect to any Association Property, to the extent that such taxes and assessments are not levied directly upon the Members. The Association shall have all rights granted by law to contest the legality and the amount of such taxes and assessments.

2. Insurance. To obtain and maintain in effect policies of insurance adequate, in the opinion of the Board, in kind and amount to carry out the Association functions.

3. Rules and Bylaws. To make, establish and promulgate, and in its discretion to amend or repeal and re-enact, such Saratoga Hills Residential Rules and Bylaws not in conflict with law or the Governing Documents, as it deems proper, covering any and all aspects of its functions, including the use and occupancy of Association Property. Without limiting the generality of the foregoing, such Saratoga Hills Residential Rules may set dues and fees and prescribe the regulations governing the operation of Association Property. Such Saratoga Hills Residential Rules may also prescribe regulations governing the use of the Local Common Areas and the Recreation and Open Space and establish charges for the use of the Recreation and Open Space by Owners or non-Owners. Each Member shall be entitled to examine such Saratoga Hills Residential Rules and Bylaws at any time during normal working hours at the principal office of the Association. On request, Owners will be provided a copy of the Saratoga Hills Residential Rules.

4. Architectural Control Committee. To appoint and remove members of the ACC after DECLARANT has delegated such rights to the Association pursuant to Article VI, Section 6.16.

5. Enforcement. To enforce on its own behalf and on behalf of all Owners, the Covenants and the terms and provisions of this Declaration, as beneficiary of said covenants, conditions and restrictions and as assignee of DECLARANT; and to perform all other acts, whether or not anywhere expressly authorized herein, as may be reasonably necessary to enforce any of the provisions of the Saratoga Hills Residential Restrictions. The Board shall be authorized to institute litigation, settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the provisions of Saratoga Hills Residential Restrictions; provided, however, that the Board shall never be authorized to expend any Association funds for the purpose of bringing suit against DECLARANT, its heirs, successors and assigns.

6. Financing. To execute mortgages, both construction and permanent, for the construction of facilities, including Improvements on Property owned by or leased to the Association, and to accept lands in Recreation and Open Spaces, whether or not improved, from DECLARANT subject to such mortgages or by assuming such mortgages. Financing may be effected through conventional mortgages or deeds of trust, the issuance and sale of development or other bonds, or in any other form or manner as may be 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 shall be deemed appropriate by borrower, whether DECLARANT or the Association, on the Improvements or other facility to be constructed, together with such underlying and surrounding lands as the borrower deems appropriate. The debt secured by such mortgage or other security instrument may be retired from and secured by the revenues generated by dues, use fees, assessment of the Members of the Association, 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.

7. Records. To keep books and records of the Association's affairs.

8. Other. To carry out and enforce all duties of the Association set forth in Saratoga Hills Residential Restrictions.

5.08 Powers and Authority of the Association. 

The Association shall have the powers of a Texas nonprofit corporation, subject only to such 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 shall have the power and authority at all times as follows:

1. Assessments. To levy assessments as provided in Article VIII below. An assessment is defined as that sum which must be levied in the manner and against the Property set forth in Article VIII hereof in order to raise the total amount for which the levy in question is being made.

2. Limitation on Annual Assessment. Until changed by the Association in accordance with the Bylaws and this Section, the annual assessment on each Lot, not owned by the DECLARANT, shall be Six Hundred Dollars ($600.00) per Lot. On January 2nd of each year, or at such other time as the Board of Directors deems appropriate, the Board of Directors may set the annual assessment for the calendar year at whatever level they deem appropriate, however, the Board of Directors may increase the annual assessment by a maximum of twenty percent (20%) of the then current assessment in any given year. Further, such percentage increases are not cumulative and may be prospective only. Any increase in assessment not provided for in this Section must be made by the Association as a whole, in the same manner as an amendment to the Articles of Incorporation of the Association. 

3. Right of Entry and Enforcement. To enter at any time in an emergency, or in a non- emergency after Notice required by Article Ill, Section 3.10 (A)(l), without being liable to any Owner, upon any portion of the Property or into any Improvement thereon, or onto any Local Common Area, Recreation or Open Space for the purpose of enforcing Saratoga Hills Residential Restrictions or for the purpose of maintaining or repairing any area, Improvement or other facility to conform to the restrictions herein established, at the expense of the Owner thereof, if, for any reason whatsoever, the Owner thereof fails to maintain or repair any such area as required by Saratoga Hills Residential Restrictions. An emergency shall exist where circumstances result in an immediate threat to Property, or the health and welfare of persons.   The Association shall also have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of Saratoga Hills Residential Restrictions.

4. Conveyances. To grant and convey to any person or entity the real Property and/or other interest therein, including fee title, leasehold estates, easements, rights-of-way, or mortgages out of, in, on, over, or under any Association Property for the purpose of constructing, erecting, operating or maintaining thereon, therein or thereunder:

*Parks, parkways, campgrounds, or other recreational facilities or structures;

*Roads, streets, walks, driveways, trails and paths

*Lines, cables, wires, conduits, pipelines or other devices for utility purposes;

*Sewers, water systems, storm water drainage systems, sprinkler systems and pipelines; and

*Any similar public, quasi-public, or private Improvements or facilities.

Nothing above contained, however, shall be construed to permit use or occupancy of any Improvement or other facility in a way, which would violate applicable use and occupancy restrictions imposed thereon by other provisions of this Declaration.

(E) Manager. To retain and pay for the services of a Manager to manage and operate the Association, including its Property, to the extent deemed advisable by the Board. Additional personnel may be employed directly by the Association or may be furnished by the Manager. To the extent permitted by law, the Association and the Board may delegate any other duties, powers and functions to the Manager. The Owners hereby release the Association and the members of the Board from liability for any omission or improper exercise by the Manager of any such duty, power or function so delegated.  Any management agreements entered into by the Association shall provide that the agreement may be terminated by the Association, with or without cause, upon sixty (60) days written notice.

(F) Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Association, the operation and management of its Property, the enforcement of Saratoga Hills Residential Restrictions, or in the performance of any other duty, right, power or authority of the Association.

(G) Association Property Services. To pay for water, sewer, garbage removal, landscaping, gardening, electric and all other utilities, services and maintenance for the Property of the Association.

(H) Other Areas. To maintain and repair easements, roads, roadways, rights-of-way, parks, parkways, median strips, sidewalks, paths, trails, ponds, lakes and other areas of the Community, as appropriate.

(I) Recreational Facilities. To own and operate any and all types of facilities for both active and passive recreation. The Association, with the consent of DECLARANT, may open the Recreation and Open Space for use by non-Owners and may levy charges in such amount as may be deemed reasonable by the Association for the use of the Recreation and Open Space by either Owners or non-Owners.

(J) Other Services and Properties. To obtain and pay for any other property and services, and to pay any other taxes or assessments which the Association or the Board is required to secure or to pay for pursuant to applicable law or the terms of Saratoga Hills Residential Restrictions.

(K) Construction on Association Property. To construct new Improvements or additions to the Association Property.

(L) Contracts. To enter into contracts with DECLARANT and other persons, on such terms and provisions as the Board shall determine, to operate and maintain any Local Common Area or Recreation and Open Space, or to provide any service or perform any function on behalf of DECLARANT or other person.

(M) Permits/Licenses. To obtain and hold any and all types of permits and licenses, and to operate restaurants and club facilities, if applicable.

(N) Own Property. To acquire and own and to dispose of all manner of real and personal property, whether by grant, lease, gift or otherwise.

(0) Create Another Association. To create a subsidiary or other association to have the rights and powers, and to perform the duties, obligations or functions necessary to the obtaining of a tax exemption, if it shall ever be ruled or held that an exemption under the Internal Revenue Code is unavailable to the Association under this Declaration; or alternatively, the Association may retain the rights, powers, duties, obligations and functions which prevent the obtaining of the tax exemption and transfer some or all of its other rights, powers, duties, obligations, and functions to such subsidiary or other association.

5.09 Indemnification.

(A) Determination by Board. The Association shall indemnify any person who was or is a party, or is threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that he is or was a director, officer, committee member, employee, servant or agent of the Association against expenses (including attorney's fees, judgments, fines and amounts paid in settlement) actually and reasonably incurred by him in connection with such action, suit or proceeding if it is found and determined by the Board or a court that he (1) acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the Association, or (2) with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by settlement, or upon a plea of Nolo Contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith or in a manner which he reasonably believed to be in, or not opposed to, the best interests of the Association, or, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.

All liability, loss, damage, costs and expense incurred or suffered by the Association by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Association as common expenses; provided, however, that nothing contained in this Article V shall be deemed to obligate the Association to indemnify any Member or Owner, who is or has been a director, officer, committee member, or non-compensated agent of the Association, with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of the restrictive covenants as a Member of the Association or Owner of a Lot covered thereby.

(B) Insurance. The Board may purchase and maintain insurance on behalf of any person who is or was a director, officer, committee member, employee, servant or agent of the Association, against any liability asserted against him or incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability hereunder or otherwise.

6.01 Purpose of Architectural Control Committee: 

Membership of the Architectural Control Committee. The ACC is established as a committee of the Association to perform the duties set forth in this Declaration and to assist the Association in ensuring that all Residences, Improvements, landscaping within the Subdivision are aesthetically compatible and conform to the Governing Documents. The ACC shall consist of not less than three (3) and no more than seven (7) voting members ("ACC Voting Members"), and such additional non-voting members serving in an advisory capacity ("ACC Advisory Members") as the Board deems appropriate.

6.02 Action by Architectural Control Committee. 

Items presented to the ACC shall be decided by a majority vote of the then current ACC Voting Members.

6.03 Term. 

Each ACC Voting Member and ACC Advisory Member shall hold office until such time as he or she has resigned or has been removed or his or her successor has been appointed, as provided herein. The Board may remove or replace an ACC Voting Member and an ACC Advisory Member at any time, subject to DECLARANT'S rights set forth in Section 6.04 below or as otherwise set forth in this Declaration.

6.04 DECLARANT' S Rights of Appointment. 

DECLARANT shall have the right to appoint, remove and replace all ACC Voting Members and ACC Advisory Members prior to the delegation of such power to the Owner(s), if ever, pursuant to Section 6.16 hereof. In making such appointments to the ACC, DECLARANT shall consider, but not be bound by, nomination made by the Owner(s). Nothing herein shall be construed to limit or restrict in any manner the DECLARANT'S right to remove and replace ACC Voting Members and ACC Advisory Members who were appointed by DECLARANT, whether or not such person was nominated by the Owner(s).

6.05 Duties.

(A) General. It shall be the duty of the ACC to receive, consider and act upon all proposals, plans, complaints, requests for determination, Plans and Specifications or other matters submitted pursuant to the terms of this Declaration, and to carry out all other duties imposed in it by this Declaration.

(B) Consultant. The ACC may, but need not, hire specialized consultants and incur expenses up to Fifty Dollars ($50.00), to aid it in reviewing plans and their incidents. The cost of such specialized consultants and expenses shall be considered to be a cost of the Plans and Specifications of the Lot Owner. Payment of such costs shall be considered as a filing requirement of the Plans and Specifications, and such Plans will not be considered unless and until such costs are paid.

6.06 Adoption of Rules.

(A) The ACC may adopt such procedural and substantive rules, not in conflict with this Declaration, as it may deem necessary or proper for the performance of its duties.

(B) Unless and until a political subdivision of the State of Texas regulates such matters by law in the Property, the rules promulgated by the ACC may include building codes governing all types of construction on the Property, a fire code, a housing code, and other similar codes as the ACC deems necessary and desirable. To the extent possible, these codes shall (i) be performance based, (ii) encourage the use of new technologies, techniques and materials, and (iii) be compatible with the codes of Hays County, Texas and the Uniform Building Code.

6.07 Review of Proposed Construction. 

Whenever in this Declaration or in any Supplemental Declaration the approval of the ACC is required, it shall have the right to consider all of the Plans and Specifications for the Improvement or proposal in question and all other facts, which, in its sole discretion, are relevant. Except as provided in Sections 9.06 and 9.07 below, prior to commencement of any construction of any Improvement on the Property or any portion thereof, the final Plans and Specifications thereof shall be submitted to the ACC, and construction thereof may not commence unless and until the ACC has approved such Plans and Specifications in writing. The ACC shall consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this Declaration and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress, to assure its conformance with Plans and Specifications approved by the ACC. The ACC shall not be responsible for reviewing any proposed Improvement, nor shall its approval of any Plans or Specifications be deemed approval thereof, from the standpoint of structural safety, engineering soundness, or conformance with building or other codes.

6.08 Procedure for Submission and Approval of Plans and Specifications.

(A) Submission and approval of Plans and Specifications shall be in accordance with the rules promulgated by the ACC, and as authorized by this Section 6.08.

(B) If the ACC fails to approve or disapprove any material or Plans and Specifications submitted to it hereunder within thirty (30) days after the date shown on the submittal receipt ("Approved Period") or to give notice of its actions as above required, it shall be conclusively presumed that the ACC has approved such materials as submitted. If the ACC requests additional or amended materials or amended Plans and Specifications ("P&S Amendments") during the initial Approval Period, the Approval Period shall be automatically extended for fifteen (15) days following the date upon which such Amendments have been submitted. If the P&S Amendments are not submitted on or before the date specified by the ACC (or if no time is specified, within fifteen (15) days after the P&S Amendments are requested) (the "P&S Amendment Deadline"), then the Plans and Specifications shall be automatically disapproved. If the ACC approves Plans and Specifications on the condition that certain P&S Amendments be submitted ("Conditional Approval"), such Conditional Approval shall expire if the P&S Amendments are not received by the P&S Amendment Deadline.

6.09 Meetings of the Architectural Control Committee. 

The ACC shall meet from time to time as necessary to perform its duties hereunder. The ACC may, by resolution unanimously adopted in writing, designate one of its Members to take any action or perform any duties for and on behalf of the ACC, except the granting of variances as hereinafter provided. In the absence of such designation, the vote of a majority of all the Members of the ACC taken without a meeting shall constitute an act of the ACC.

6.10 Action Without Formal Meetings. 

The ACC may take action without formal meeting by unanimously consenting in writing on any matter, which it might consider at a formal meeting. Such unanimous written consent shall constitute the act of the ACC. For the purpose hereof, unanimous written consent shall mean a writing by the regular Members of the ACC.

6.11 No Waiver of Future Approvals. 

The approval or consent of the ACC to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the ACC shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person.

6.12 Non-liability of Architectural Control Committee Members. 

Neither the ACC, nor any Member thereof, nor the Board 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 ACC's or the Board's respective duties under this Declaration unless due to the willful misconduct or bad faith of the ACC or its Member or the Board or its Member, as the case may be. Neither the ACC nor the Members thereof shall be liable to any Owner due to the construction of any Improvements within the Property or the creation thereby of an obstruction to the view from such Owner's Lot or Lots.

6.13 Variances. 

The ACC may grant variances from compliance with any of the provisions of this Declaration or any Supplemental Declaration, including, but not limited to, restrictions upon height, bulk, size, shape, floor areas, land area, placement of structures, set­ backs, building envelopes, colors, materials, or land use when in the opinion of the ACC, in its sole and absolute discretion, such variance will not be adverse to the overall development plan for the Community. Such variances must be evidenced in writing and must be signed by at least a majority of the Voting Members of the ACC. If a variance is granted, no violation of the covenants, conditions, or restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which  the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular Property and in the particular instance covered by the variance.

6.14 Guidelines for Building. 

The ACC may promulgate a set of guidelines not in conflict with this Declaration and any Supplemental Declarations for building and developing in the Community, which shall be general in nature and may be amended from time to time by the ACC.

6.15 Submission of Final Plans and Specifications. 

The final Plans and Specifications shall be submitted in triplicate to the ACC in care of 400 KR, Ltd., Attention: Cosmo Palmieri, PO Box 28398, Austin, TX 78755, or such other address as may be designated from time to time, one copy of which will be returned to the person submitting the Plans with an endorsement as to the date received by the ACC.

6.16 Delegation of Appointment Powers. 

The DECLARANT shall have the right, but not the obligation, to delegate to the Association in writing the right to appoint and remove Members of the ACC and upon such written delegation of authority filed of record in the Real Property Records of Hays County, Texas, the selection of Voting Members to serve on the ACC shall be by separate election in which the Owners shall have the same relative voting power as provided hereinabove for elections of the Association.

6.17 Inspection of Work.

(A) Completed Work. Inspection of completed work and correction of defects shall proceed as follows:

1. Upon the completion of any Improvement for which the final Plans and Specifications were approved under this Declaration, the Owner shall give written notice of completion to the ACC.

2. Within such reasonable time as the ACC may set in its rules, but not to exceed fifteen (15) days thereafter, the ACC or its duly authorized representative may inspect such Improvement. If the ACC finds that such work was not done in strict compliance with all approved Plans and Specifications, it shall notify the Owner in writing of such noncompliance within five (5) days, specifying in reasonable detail the particulars of noncompliance, and shall require the Owner to remedy the same.

3. If upon the expiration of thirty (30) days from the date of such notification the Owner shall have failed to remedy such noncompliance, the ACC shall notify the Board of Directors in writing of such failure. Upon notice to the Owner, given as provided in Section 9.04, the Board shall conduct a Hearing at which it shall determine whether there is noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If noncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of announcement of the Board ruling.  If  the Owner does not comply with the Board's ruling within such period, the Board, at its option, may either remove the non-complying Improvement or remedy the noncompliance, and the Owner shall reimburse the Association upon demand for all reasonable expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Association, the Board shall levy an assessment against such Owner and Improvement in question, and the land upon which the same is situated, for reimbursement, and the same shall constitute a lien upon such land and Improvement and be enforced as in this Declaration provided.

4. If for any reason after receipt of said written notice of completion from the Owner, no inspection is made or any noncompliance is not found within the period provided above in Subparagraph (2) of this Section 6. l7(A), the Improvement shall be deemed to be in accordance with said approved Plans and Specifications. In the instances where an inspection has occurred and the Improvements are in compliance, upon request, the ACC shall issue a "Certificate of Compliance" in a form suitable for recording. The certificate shall identify the Lot or Property and the Improvement, and shall certify only that the Improvements thereon are not in violation of the covenants of the Declaration, or if they are in violation, a variance has been granted. THE CERTIFICATE SHALL NOT BE CONSTRUED TO CERTIFY THE ACCEPTABILITY, SUFFICIENCY OR APPROVAL BY THE ARCHITECTURAL CONTROL COMMITTEE OF THE ACTUAL CONSTRUCTION OF THE IMPROVEMENTS OR OF THE WORKMANSHIP OR MATERIALS THEREOF. THE OWNER IS HEREBY NOTIFIED THAT THE CERTIFICATE IN NO WAY WARRANTS THE SUFFICIENCY, ACCEPTABILlTY OR APPROVAL BY THE ARCHITECTURAL CONTROL COMMITTEE OF THE CONSTRUCTION, WORKMANSHIP, MATERIALS OR EQUIPMENT OF THE IMPROVEMENTS. RECORDATION OF SUCH A CERTIFICATE SHALL BE AT THE EXPENSE OF THE OWNER OF THE IMPROVED LOT.

(B) Work in Progress. The ACC may inspect all work in progress and give notice of noncompliance as provided above in Subparagraph (2) of this Section. If the Owner denies that such noncompliance exists, the procedures set out in Subparagraph (3) of this Section shall be followed, except that no work shall be done, pending resolution of the dispute, which would hamper correction of the noncompliance if the Board should ultimately find that noncompliance exists.

6.18 Governmental Agency Approval. 

Nothing in this Declaration shall relieve or be interpreted as purporting to relieve any Owner from also securing such approval(s), certificate(s) or permit(s) of any governmental agency of entity (including but not limited to the City of Dripping Springs or Hays County, Texas) with jurisdiction as may be required by law, as a condition to the commencement, construction, maintenance, addition, change or alteration to or of any Improvement, and the ACC may require that a copy of such approval(s), certificate(s) or permit(s) be provided to the ACC as a final condition to approval of Plans and Specifications, or as additional insurance to the ACC that the Improvements and uses of approved Plans and Specifications meet governmental requirements, or for both such purposes.