GENERAL INFORMATION ABOUT THE COVENANTS, CONDITIONS AND RESTRICTIONS
One of the benefits of
living in a controlled neighborhood like Balcones Woods is the restrictions on
and use which keep our neighborhood one of the best looking in
Our neighborhood is
actually divided into seven (7) sections As sections
Two, Two-A, and Three-B were added, their covenants, conditions, and
restrictions were made to be the same as for Section One. When Sections Four,
Five, and Six-A were added, however, certain modifications were made to Article
V, Sections 9, 10, and 12 of these covenants, conditions, and restrictions. The
complete text for Section One, and the modifications for
Sections Four, Five, and Six-A, are included in this book. The
modifications are at the end of the text for Section One.
As a homeowner or renter
in Balcones Woods, you should familiarize yourself with each section of the
covenants, conditions, and restrictions. The most common violations include
boats, trailers, or recreational vehicles stored on the premises; signs other
than "For Sale" signs erected on the premises; poorly maintained lawns; major
auto repair; dumping of lawn clippings and refuse on the association's property;
and commercial enterprises conducted on the premises. Violations should be
reported to a member of the Operating Committee or Board of Directors. Each year
dozens of violations are corrected through enforcement procedures followed by
the Operating Committee and the association's legal counsel.
BALCONES
WOODS IS YOUR NEIGHBORHOOD AND YOUR RESPONSIBILITY
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COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION is an
amendment to and shall supersede the Declaration of September 21, 1971, recorded
in Book 4174, Page 852, Deed Records of Travis County, Texas, and is made on the
date hereinafter set forth by BALCONES WOODS, a general partnership composed of
Greater Northwest, Inc., a Texas corporation, and Austex Development Co., Ltd., a
WITNESSETH:
WHEREAS, Declarant is the
owner of certain property in
Lots 1 through 17, Block
1, Lots 1 through 8, Block 2; Lot 40, Block 3; Lots 17 through 20, Block 11;
Lots 1 through 10, Block 12; Lots 1 through 26, Block 13; Lots 1 through 14,
Block 14; Lots 1 through 20, Block 15; Lot 1, Block 16, BALCONES WOODS, SECTION
ONE, a subdivision in the City of Austin, Travis County, Texas, according to the
plat thereof recorded in Book 53, Page 9, Plat Records, Travis County, Texas.
WHEREAS, Declarant
desires to create thereon a residential community with permanent parks,
playgrounds, open spaces, and other common facilities for the benefit of the
said community; and
WHEREAS, Declarant
desires to provide for the preservation of the values and amenities in said
community and for the maintenance of said parks, playgrounds, open spaces and
other common facilities; and to this end, desires to subject the property herein
described to the covenants, restrictions, easements, charges and liens,
hereinafter set forth, each and all of which is and are for the benefit of said
property and each owner thereof; and
WHEREAS, Declarant has
deemed it desirable for the efficient preservation of the values and amenities
in said community, to create a Home Owner's Association to which should be
delegated and assigned the powers of maintaining, administering and enforcing
the covenants and restrictions and collecting and disbursing the assessments and
charges hereinafter created;
NOW THEREFORE, Declarant
hereby declares that all of the properties described shall be held, sold and
conveyed subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and desirability
of, and which shall run with, the real property and be binding on all parties
having any right, title or interest in the described properties or any part
thereof, their heirs, successors and assigns, and shall inure to the benefit of
each owner thereof:
ARTICLE I
DEFINITIONS
Section 1.
"Association" shall mean and refer to the Balcones Woods Club, Inc., its
successors and assigns.
Section 2.
"Owner" shall mean and refer to the record owner, whether one or more persons or
entities, or a fee simple title to any lot which is a part of the properties,
including contract sellers, but excluding those having such interest merely as
security for the performance of an obligation. 'Owner' and 'Member" are used
interchangeably throughout this document.
Section 3.
"Properties" shall mean and refer to that certain real property hereinbefore
described, and such annexations and additions thereto as may hereafter be
brought within the jurisdiction of the Association.
Section 4.
"Common Area" shall mean all real property owned by the Association for the
common use and enjoyment of the owners. The Common Area to be owned by the
Association at the time of the conveyance of the first lot is described as
follows:
Section 5.
"
Section 6.
"Declarant" shall mean and refer to BALCONES WOODS, a general partnership and
NPC ASSOCIATES, a general partnership, their successors and assigns if such
successors or assigns should acquire more than one undeveloped lot from the
Declarant for the purpose of development.
Section 7.
"Member" shall mean and refer to every person or entity who holds membership in the Association.
ARTICLE II
PROPERTY RIGHTS IN
THE COMMON AREAS
Section 1. Owner's Easements of Enjoyment. Every owner shall have a
right and easement of enjoyment in and to the Common Area which shall be
appurtenant to and shall pass with the title to every lot, subject to the
following provisions:
A. The right of the Association to charge
reasonable admission and other fees for the use of any recreational facility
situated upon the Common Area and to limit the number of guests of members;
B. The right of the Association to suspend the
voting rights and right to use of the recreational facilities by a member for
any period during which any assessment against his lot remains unpaid; and for a
period not to exceed 60 days for any infraction of its published rules and
regulations;
C. The right of the Association to
dedicate, sell or transfer all or any part of the Common Area to any
public agency, authority, or utility for such purposes and subject to such
conditions as may be agreed to by the members. No such dedication or transfer
shall be effective unless an instrument signed by two thirds (2/3) of each class
of members agreeing to such dedication, sale or transfer has been recorded.
Section 2. Delegation of Use. Any owner may delegate, in accordance with
the bylaws, his right of enjoyment to the Common Area and facilities to his
tenants or contract purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING
RIGHTS
Section 1.
Every owner of a lot which is subject to assessment shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from
ownership of any
Section 2.
The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners
with the exception of the declarant and shall be entitled to one vote for each lot
owned. When more than one person holds an interest in any lot, they as a group
shall be considered a voting member. The vote for such lot shall be exercised as
they among themselves determine, but in no event shall more than one vote be
cast with respect to any lot.
Class B. The Class B member shall be the Declarant and shall be entitled to
three (3) votes for each
(1)
when the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class B membership or
(2) On
ARTICLE IV
COVENANT FOR
MAINTENANCE ASSESSMENTS
Section 1.
Creation of the Lien and Personal Obligation of Assessments. The Declarant, for
each lot owned within the Properties, except those exempt under Section 11 of
this Article, hereby covenants, and each Owner of any lot by acceptance of a
deed therefore, whether or not it shall be so expressed in such deed, is deemed
to covenant and agree to pay to the Association: (1) annual assessments or
charges, (2) special assessments for capital improvements, and (3) special
assessments for home improvements, such assessments to be established and
collected as hereinafter provided. The annual and special assessments, together
with interest, costs and reasonable attorney's fees, shall, to the full extent
permitted by law, be a charge on the land and shall be a continuing lien upon
the property against which each such assessment is made. Each such assessment,
together with interest, costs and reasonable attorney's fees, shall also by the
personal obligation of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for delinquent assessments
shall not pass to his successor in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The Assessments levied by the
Association shall be used exclusively to promote the recreation, health, safety,
and welfare of the residents in the Properties and for the improvement and
maintenance of the Common Area.
Section 3.
Maximum Annual Assessment Until January 1 of the year
immediately following the conveyance of the first lot to an Owner, the maximum
annual assessment shall be $180.00 per lot for Class A members and $60.00 per
lot for Class B members.
A. From and after January 1 of the year
immediately following the conveyance of the first lot to an Owner, the maximum
annual assessment may be increased each year not more than 5% above the maximum
assessment for the previous year without a vote of the membership.
B. From and after January 1 of the year
immediately following the conveyance of the first lot to an Owner, the maximum
annual assessment may be increased above 5% by a vote of two-thirds (2/3) of
each class of members who are voting in person or by proxy, at a meeting duly
called for this purpose.
C.
The Board of Directors may fix the annual assessment at
an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to
the annual assessment authorized above, the Association may levy, in any
assessment year, a special assessment applicable to that year only for the
purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common
Area, including fixtures and personal property related thereto, provided that
any such assessment shall have the assent of two-thirds (2/3) of the votes of
each class of members who are voting in person or by proxy at a meeting duly
called for this purpose.
Section 5.
Notice and Quorum for Any Action Authorized Under Section 3 and 4. Written
notice of any meeting called for the purpose of taking any action authorized
under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first
such meeting called, the presence of members or of proxies entitled to cast
sixty percent (60%) of all the votes of each class of membership shall
constitute a quorum. If the required quorum is not present, another meeting may
be called subject to the same notice requirement, and the required quorum at the
subsequent meeting shall be shall be one-half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be held more than 60
days following the preceding meeting.
Section 6. Special Assessments for Home Improvements. When, in the
opinion of the Board of Directors of the Association, any lot or the exterior of
any improvements thereof is not being maintained in an acceptable manner by
comparison to the other properties in the area, the Board shall have the
authority in behalf of the Association to bring such lot and the exterior of
such improvements to an acceptable standard, and to levy a special assessment
against such lot for the cost thereof.
Section 7. Uniform Rate of Assessment. Both annual and special
assessments for capital improvements must be fixed at a uniform rate for all
lots held by Class A members and may be collected on a monthly, quarterly,
semi-annual or annual basis. Class B members shall be assessed at a uniform rate
per lot equal to one-third (1/3) of the Class A members' assessment per lot.
Section 8.
Date of Commencement of Annual Assessments: Due Dates. The annual assessments
provided for herein shall commence as to all lots on the first day of the month
following conveyance of the Common Area. The first annual assessment shall be
adjusted according to the number of months remaining in the calendar year. The
Board of Directors shall fix the amount of the annual assessment against each
lot at least thirty (30) days before January 1 of each year. Written notice of
the annual assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors. The Association shall,
upon demand, and for a reasonable charge, furnish a certificate signed by an
officer of the Association setting forth whether the assessments on a specified
lot have been paid.
Section 9.
Effect of nonpayment of Assessments: Remedies of the Association. A deed of
trust lien against the residential lots herein described is being granted by
Declarant to W. W. Patterson, Trustee, for the benefit of the Association, and
it is contemplated that vendor's liens will be reserved in deeds conveying such
lots to secure the assessments herein provided. If any assessment is not paid
within thirty (30) days after the due date, the assessment shall become
delinquent and shall bear interest from the due date at the rate of six percent
(6%) and the Association may either (1) bring an action at law against the Owner
personally obligated to pay the same, or (2) foreclose any lien against the
property which secures such assessment, or (3) both, and, in either event, there
shall be added to the amount of such assessment interest as provided and all
costs of collection, including reasonable attorney's fees. No Owner may waive or
otherwise escape liability for the assessments provided for herein by non-use of
the Common Area or abandonment of his lot.
Section 10. Subordination of the Liens to Mortgages. The liens of the
assessments mentioned and provided for herein shall be subordinate to the lien
of any first mortgage or any other purchase money lien or construction lien.
However, the sale or transfer of any lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof, shall extinguish the lien
of such assessments as to payments which became due prior to such sale or
transfer. No sale or transfer shall relieve such lot from liability for any
assessments thereafter becoming due or from the lien thereof. No extinguishment
of the lien shall relieve the delinquent lot Owner from his personal obligation
and liability therefore.
Section 11.
Exempt Property. The following property subject to this Declaration shall be
exempt from the assessments, charges and liens created herein:
A. All properties dedicated and accepted by
any local governmental authority and devoted to public use;
B. All Common Area as defined in Article 1,
Section 4 hereof;
C. All additional Common Area which may be
acquired through annexation.
ARTICLE V
LAND USE AND BUILDING
TYPES
Section 1. Building Type. No lot, except
Section 2. Required Area. The total area of a single family structure or
dwelling, exclusive of one-story open porches and garages or carports, built on
any
Section 3.
Section 4. Masonry. All residences shall have at least 75% of their
exterior wall of the first floor of stone or masonry construction, unless
approval to the contrary is obtained in writing from the Architectural Control
Committee.
Section 5. Easements. Easements for installation and maintenance of
utilities and drainage facilities are reserved as shown on the recorded plat.
Within these easements, no structure, planting or other material shall be placed
or permitted to remain which may damage or interfere with the installation and
maintenance of utilities, or which may change the direction or flow of drainage
channels in the easements, or which may obstruct or retard the flow of water
through drainage channels in the easements. The easement area of each lot and
all improvements in it shall be maintained continuously by the Owner of the lot,
except for those improvements for which a public authority or utility company is
responsible.
Section 6. Building Location. No building shall be located on any lot
nearer to the front line or nearer to the side street line than the minimum
building set back lines shown on the recorded plat. In any event, no building
shall be located on any lot nearer than 25 feet minimum, 35 feet maximum, to the
front lot line, or nearer than 10 feet to any side street line. No building
shall be located nearer than 5 feet to an interior lot line. No dwelling shall
be located on any interior lot nearer than 15 feet to the rear lot line. For the
purposes of this covenant, eaves, steps and open porches shall not be considered
as part of the building, provided. However, that this shall
not be construed to permit any portion of a building on a lot to encroach upon
another lot.
Section 7. Sight Distance at Intersections. No fence, wall, hedge, or
shrub planting which obstructs sight lines at elevations between two and six
feet above the roadways shall be placed or permitted to remain on any corner lot
within the triangular area formed by the street property lines and a line
connecting them at points 25 feet from the intersection of the street lines, or
in the case of a rounded property corner from the intersection of the street
property lines extended. The same sight line limitations shall apply on any lot
within 10 feet from the intersection of a street property line with the edge of
a driveway or alley pavement. No tree shall be permitted to remain within such
distances of such intersections unless the foliage is maintained at sufficient
height to prevent obstruction of such sightlines.
Section 8. Fences, Walls, and Hedges. No fence, wall or hedge shall be
built or maintained forward of the front wall line of any house erected on any
lot, except for trellises, and decorative fences, which are included in the
architectural design of the house and these shall be no more than 15 feet from
the front house wall line.
Section 9. Existing Dwellings. No existing dwellings shall be moved onto
any lot in this subdivision.
Section 10. Temporary Structures. No structure of a temporary character,
trailer, basement, tent, shack, garage, barn or other outbuilding shall be
placed or used on any lot at any time as a residence either temporarily or
permanently, nor shall any structure of a temporary character be placed on any
lot either temporarily or permanently for any use.
Section 11. Nuisances. No noxious or offensive activity shall be carried
on upon any
Section 12. Unsightly Objects. No motor boat, camper, truck or trailer,
or unsightly vehicles or objects shall be parked or stored between the curb and
building line of any lot. A boat or recreational camper may be permitted
provided it is retained in back of the front wall of house and shielded by
privacy fence.
Section 13. Signs. No sign of any kind shall be displayed to the public
view on any single family residential lot except for one sign of not more than
five square feet advertising the property for sale or rent, or signs used by a
builder to advertise the property during the construction and sales period.
Section 14. Oil and Mining Operations. No oil drilling, oil development
operation, operation, oil refining, quarrying or mining operations of any kind
shall be permitted upon or in any lot, nor shall oil wells, crude oil tanks,
tunnels, mining excavations, or shafts be permitted upon or in any lot. No
derrick or other structure designed for use in boring for oil or natural gas
shall be erected, maintained, or permitted upon any lot.
Section 15. Livestock and Poultry. No animals, livestock, or poultry of
any kind shall be raised, bred or kept on any lot, except that dogs, cats or
other household pets may be kept provided that they are not kept, bred or
maintained for commercial purposes.
Section 16. Garbage and Refuse Disposal. No lot shall be used or
maintained as dumping ground for rubbish. Trash, garbage or other waste shall
not be kept except in sanitary containers. All incinerators or other equipment
for the storage or disposal of such material shall be kept in a clean and
sanitary condition and screened from public view.
Section 17. Commercial Use. Except for Lot 20 which is hereby expressly
excepted herefrom, no lot or part of any property in
Balcones Woods, Section 1, shall ever be used for a business of commercial
purposes or for carrying on any trade or profession, except that Balcones Woods,
its successors, or agents, may erect and maintain sales offices and exhibit
houses in Balcones Woods, Section One.
Section 18. Use of
Section 19. Resubdivision.
No corner lot may be resubdivided or used so as to
permit an additional dwelling to face on a side street.
ARTICLE VI
ARCHITECTURAL CONTROL
Section 1.
Review by Committee. No improvements shall be erected, placed or altered, on any
lot, nor shall any landscaping be performed unless complete plans,
specifications, and lot plans therefor, showing
exterior design, height, building material and color scheme thereof, the
location of the structure platted horizontally and vertically, the location of
driveways, the general plan of landscaping, fencing, walls, and the grading plan
shall have been submitted to and approved in writing by the Architectural
Control Committee, and a copy of such plans, specifications, and lot plans as
finally approved, deposited with the Architectural Control Committee.
Section 2. Purpose. The Architectural Control Committee shall exercise
its best judgment to see that all improvements, construction, landscaping and
alterations on lands within Balcones Woods, Section One conform to and harmonize
with the existing surrounding and structures and that trees and environment are
protected.
Section 3. Procedures. The Architectural Control Committee shall approve
or disapprove all plans and requests within thirty (30) days after submission.
In the event the Architectural Control Committee fails to take any action within
thirty days after requests have been submitted, approval will be presumed, and
this procedure will be deemed to have been fully complied with.
Section 4. Records. The Architectural Control Committee shall maintain
written records of all applications submitted to it and of all actions taken.
Section 5. Members. The Architectural Control Committee shall consist of
not more than three (3) members who shall be appointed by the Board of Directors
of the Association. The following are hereby appointed to serve at this time and
until the members of the committee are appointed by the Board of Directors, to
wit Walter R Carrington, Clyde Copus, Jr., and W. W.
Patterson. The majority of the committee may designate a representative to act
for it. Neither the members of the committee nor its designated representative
shall be entitled to any compensation for the services performed pursuant to
this covenant. At any time the then record owners of the majority of the lots
shall have the power through a duly recorded written instrument to change the
membership of the committee or to withdraw from the committee or restore to it
any of its powers and duties.
Section 6. Modification. The Architectural Control Committee shall have
authority to reduce the floor area requirements contained herein by 5%, and to
modify or waive the masonry requirement. In addition, when in the opinion of the
Architectural Committee a waiver or modification of any other restrictive
covenants herein would not impair or detract from the high quality of this
subdivision, it may by written instrument in recordable form waive or modify any
such restriction.
Section 7. Liability. The Architectural Control Committee shall not be
liable in damages to any person submitting requests for approval or to any owner
within Balcones Woods, Section One by reason of any action, failure to act,
approval, disapproval, or failure to approve or disapprove any such request.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the
right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or hereafter imposed
by the provisions of this Declaration. Failure by the Association or by an Owner
to enforce any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or
restrictions by Judgement or court order in no wise
affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration
shall run with the title and bind the land in Balcones Woods, Section One for a
period of thirty (30) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive periods of ten
(10) years This Declaration may be amended during the first thirty (30) year
period by an instrument signed by the owners of not less than eighty percent
(80%) of the lots, and thereafter by an instrument signed by the owners of not
less than two-thirds (2/3) of the lots. Declarant reserves the right to modify
the restrictive covenants or to impose different restrictive covenants on those
lots or tracts included in land hereafter annexed to the Association. To be
effective, any amendment of this Declaration must be recorded.
Section 4. Annexation to the Association. Additional land developed for
single family residential use within the area described in Exhibit A which is
attached hereto and made a part hereof may be annexed to the Association by the
Declarant without the consent of members at any time before September 21, 1981;
provided, however, that nothing herein shall be construed to require declarant to annex additional lands. Thereafter, any
additional land may be annexed to the Association with the consent of two-thirds
(2/3) of each class of members voting at a meeting duly called for this purpose,
written notice of which shall be sent to all members not less than 30 days and
not more than 60 days in advance of the meeting, setting forth the purpose of
the meeting. The presence of members or of proxies entitled to cast sixty
percent (60%) of the votes of each class of membership shall constitute a
quorum. If the required quorum is not forthcoming at any meeting, another
meeting may be called, subject to the notice requirements set forth above, and
the required quorum at such subsequent meeting shall be one-half (1/2) of the
required quorum of the preceding meeting. No such subsequent meeting shall be
held more than 60 days following the preceding meeting.
Section 5. FHA/VA Approval. As long as there is a class B membership,
the following actions will require the prior approval of the Federal Housing
Administration or the Veterans Administration; Annexation of additional
properties, dedication of Common Area, and amendment of this Declaration of
Covenants, Conditions and Restrictions.
IN WITNESS WHEREOF, the
undersigned, being the declarant herein, has hereunto
set its hand and seal this 28th day of January, 1974
Note: In this space on
the original documents are the signatures of the officers of Greater Northwest,
Inc., Austex Development Co, Ltd, and NPC ASSOCIATES
MODIFICATIONS TO THE COVENANTS, CONDITIONS AND RESTRICTIONS
The re-written Sections
9, 10, and 12 of Article V apply to neighborhood Sections Four, Five, and Six-A
only. For all other sections of the neighborhood, the original document wording
applies.
Section 9.
Existing Dwellings and Prohibited Structures. No existing dwelling shall be
moved on to any lot in this subdivision. No trailer, boat, camper, travel
trailer, motor home or other vehicle shall be placed or used on any lot at any
time either as a residence or otherwise, temporarily or permanently.
Section 10. Outbuildings. As used herein, an outbuilding is defined as a
structure such as a tool shed, tent, shack, garage, barn
or like structure other than the main dwelling. All outbuildings shall be
subject to the following restrictions:
(1) Any outbuilding must be placed within the
confines of a privacy fence. The privacy fence must be constructed on and across
the rear boundary and across the side boundary of the lot to a point at least
even with the rear line of the dwelling on the lot; the said privacy fence must
join with the dwelling on two sides of the dwelling, must be at least six feet
in height, measured from the ground, and must be of even height throughout.
(2) Only one such outbuilding on any lot may
exceed the height of the privacy fence; in no event shall any outbuilding exceed
eight feet in height measured from the ground, nor may any such outbuilding
which exceeds the height of the privacy fence cover an area on the ground
greater than 200 square feet.
Section 12. Unsightly Objects. No boat, motor boat, camper, truck, trailer, motor home, recreational vehicle, travel trailer or unsightly vehicle or objects shall be parked or stored between the curb and building line of any lot or on any street adjoining any lot. A boat, motor home, recreational vehicle or camper may be permitted provided it is retained in back of the front wall of house and shielded by at least a six foot privacy fence. For the purposes of servicing or cleaning, any of the above items may be parked between the curb and building of a lot for not more than 72 hours in any 30 day period.