Arrowhead Shores Owners Association

ASOA Restrictions 2013

Subdivision Deed Restrictions

Arrowhead Shores Subdivision

Arrowhead Shores Subdivision, Revised December 2011 for compliance with new law.

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COMPLIANCE WITH STATE AND FEDERAL LAW

The association is committed to complying with all provisions of federal and state laws

applicable to it as a Texas Non Profit Corporation (501C4) and a property owners

association, as that term is defined in Texas Property Code Section 209.002 (7). In the event

any provision of the Associations governing documents (including but not limited to Deed

Restrictions, Bylaws or Rules and Regulations) conflict with applicable law, the association

shall follow applicable law.

ASOA recognizes that Owners On Active Military Duty may have special rights or relief

related to the enforcement action under federal law, including the Service members Civil

Relief Act (50 U.S.C.app. Section 501 et seq.)

1. There shall be established an Architectural Control Committee composed of at least

three (3) members appointed by the Board of Directors (BOD) to protect the owners of lots

hereunder against such improper use of lots as will depreciate the value of their property; to

preserve, so far as practicable, the natural beauty of said property; to guard against the erection

thereon of poorly designed or proportioned structures and structures built of improper or

unsuitable materials; to obtain harmonious architectural schemes; to insure the highest and best

development of said property; to encourage and secure the erection of attractive homes and

placement of attractive mobile homes thereon, with appropriate locations thereof on lots; to

secure and maintain proper setbacks from streets and adequate free spaces between structures;

and, in general, to provide adequately for a high type of quality of improvements in said property;

and thereby to enhance the value of investments made by purchasers of lots therein.

Neither the Architectural Control Committee, nor the members of said Committee, nor the

Directors nor officers of Arrowhead Shores Owners Association/ shall have any liability nor

responsibility at law nor in equity on account of the enforcement of, nor on account of the failure

to enforce, these restrictions.

2. All lots are designated as “Residential”, with the exception of lots 28-112, Block 1 Section A

and Lots 1-39 Block 2, Section A, Designates as “Fishing Lots” no building shall be erected or

maintained on any residential lot, other than a private residence, a private boathouse and a

private garage for the sole use of the owner or occupant.

3. Subject to the remaining provisions of this paragraph/ no outbuilding or garage, other than a

boathouse, shall be erected on any lot before a residence is constructed hereon, and no

outbuilding, boathouse, basement or garage erected on any lot shall at any time be used as a

dwelling, temporarily or permanently/ nor shall any shack be placed on any lot, nor shall any

residence of a temporary character be permitted. No Camping will be allowed.

Mobile homes and structures or buildings adjacent or supplemental thereto may be placed and

used upon any lot only if same have been inspected by, and prior written approval of same has

been granted by, the Architectural Control Committee, and said Committee may, as condition to

its said approval, make any requirement which in its judgment is deemed proper, including the

following requirements:

a) That the mobile home be less than 5 years old; at least 800 square feet in good repair, and of

attractive design and appearance and under skirted (and securely anchored in accordance with

the minimum requirements of the State of Texas)

b) That any mobile home not built by a commercial manufacturer be of design,

appearance and quality comparable to those built by a commercial manufacturer

c) That an approved septic tank must be installed prior to occupancy and proof that the septic

system is approved by Hood County. No mobile home shall be on any lot on which a residence

has been constructed, for the purpose of additional habitation. There may be parked one camper

or travel trailer of not more than 25 feet in length, and such temporary trailer may be used as a

residence while parked during construction of a dwelling thereon. Permission to park a

recreational trailer or other recreational vehicle, for outside recreational purposes, may be

granted after written request and approval by the Architectural Control Committee

d) Nothing in this paragraph prohibits the construction of a residence on lots referred to herein

provided other paragraphs hereof are complied with-

Not more than one residence or mobile home may be constructed and/or placed on any two (2)

lots. No camping is allowed on any residential lot.

e) No used existing building or structure of any kind and no part of a used existing building or

structure may be moved onto, placed on, or permitted to remain on any lot.

f) All construction must be of new material, except stone, brick, inside structural material, or other

materials used for antique decorative effect. Roofing materials must be fire safe, impact resistant

(including asphalt shingles, storm shingles that resemble shingles already in use, fiber shingles,

high impact metal shingles or metal sheeting made of nationally approved material). No tarpaper,

siding material, or recycled corrugated tin roofing is allowed. All exceptions must be approved in

writing, by the Architectural Control Committee prior to the commencement of construction or

remodeling of any structure.

g) All buildings, other than boat houses shall be completely under skirted, with no piers or pilings

exposed to view, except as approved in writing by the Architectural Control Committee.

h) No natural drainage shall be altered, nor shall any drainage ditch, culvert, nor drainage

structure of any kind be installed nor altered, without prior written consent of the Architectural

Control Committee and Hood County Environmental Health.

4. No building exceeding two stories in height shall be erected on any lot with-out the written

approval of the Architectural Control Committee, and each residence, subject to paragraphs 10

hereof, shall have a minimum floor area as shown below, exclusive of porches, stoops, open or

closed carports, patios or garages: 800 square feet on ALL LOTS with the exception of lots 28-

112, Block 1 Section A and Lots 1-39 Block 2, Section A.

On lots 28-112, Block 1 Section A and Lots 1-39 Block 2, Section A (designated as fishing lots),

only commercially manufactured storage type buildings will be permitted to be placed on these

lots after written approval of the Architectural Control Committee. Storage buildings must be

securely anchored and have a minimum floor space of 40 square feet up to a maximum of 100

square feet, and shall not be used as a dwelling, temporarily or permanently. No overnight or

extended camping is allowed on these lots.

5. No building, fence, or other structure or improvements shall be erected, placed or altered on

any lot until two copies of the construction plans and specifications, including specification of all

exterior materials and a plan showing the proposed location of the structure, have been submitted

to and approved in writing by the Architectural Control Committee as to harmony of external

design with existing structures and as to location with respect to topography and finish grade

elevation and otherwise. If such construction, placement or alteration is not commenced within

eight (8) months of such approval, the approval shall be null and void unless an extension is

granted in writing.

6. Fences shall be permitted to extend to the side and front lot lines (except no less than 5 feet of

the front lot line of all lots and only to not less than 5 feet of the rear lot lines except fences are

permitted to extend to the rear lot line where the rear lot line coincides with the Brazos River

Authority boundary line for Lake Granbury), but without impairment of the easements reserved

and granted in these restrictions. Fencing on lots 28-112, Block 1 Section A and Lots 1-39 Block

2, Section A (fishing lots). is limited to the side boundaries and no less than 5 feet from the front

line. Only chain link or picket fencing is allowed on these lots.

7. No building shall be located nearer to the side street line than 10 feet or

nearer to the side lot line or rear lot line than 5 feet, except that where the rear lot line coincides

with the Brazos River Authority boundary line for Lake Granbury, no minimum setback is imposed

on the rear lot line. "Side lot line" as used in this paragraph, in respect to any two or more

contiguous whole and/or fractional lots owned by (and/or under a contract to be conveyed by the

undersigned to) the same person or persons and used as a single building site, shall thereafter

mean each and/or either of the two outermost side lot lines considering said contiguous whole

and/or fractional lots as one lot, but no other use may be made of any lot or fractional lot to the

extent it has been grouped to alter these minimum setback requirements. No building shall be

located nearer to the front lot line than 10 feet.

8. Rainwater collection systems- a property owner may install a rainwater (non potable water)

collection system provided that it not be located between the front of the property owner’s home

and an adjoining or adjacent street, and the barrel or system is of a color consistent with the color

scheme of the property owner’s home; or displays any language or other content that is not

typically displayed by such a barrel or system as it is manufactured.

There must be reasonably sufficient space to install a water collection system and be approved

by the Architectural Committee prior to installation. The system must be a commercially available

and all safety precautions must be followed regarding the installation thereof. The system should

be installed preferably at the side of the house, where space permits or to the rear where it is not

visible to any street or association property. No used or recycled drums may be used as water

collection systems. Collection systems may not be connected to any municipally provided water

system without written permission from the provider to do so. The municipality is not responsible

for any problems, health or otherwise which may result from such a connection. The purpose of

the water system is primarily intended for agricultural or lawn watering purpose.

9. Display of Flags: Property owners may display the following types of flags. The flag of the

United States of America, as long as it is displayed in accordance with 4 U.S.C. Sections 5-10. A

flag of the state of Texas or other state as desired as long as it is displayed in accordance with

Chapter 3100, government Code. A replica flag from any branch of the United States of America

may be displayed provided it is displayed consistent with the rules for flying the United States

Flag or the state flag when displayed together. The Architectural Committee may approve other

types of flags, such as school flags. No flags determined to be offensive may be displayed. Flags

may be displayed on freestanding flagpoles or a flagpole attached to a dwelling or other structure

on the property. Flagpoles weather free standing or dwelling attached may not be higher than the

rooftop of the residence. Flagpoles must be of commercial manufacture, kept and maintained in

good condition to remain. Flagpoles must be installed in a safe and secure manner able to

withstand severe weather conditions. Flagpoles must be located in accordance with easement

and building placement restrictions. The Architectural Control Committee will make the final

decision regarding the allowance relating to flag size, lighting and noise abatement. The property

owner must submit a flag display request form for approval by the Architectural Control

Committee.

10. Religious displays: Law allows owners to place religious items the display, which is motivated

by the owners or residents sincere religious belief. The law allows the display to be placed on the

owners or residents door, which cannot be of a size greater than 25 square inches. No display

will be allowed which threatens public health or safety, violates any law, and contains language,

graphics or any display that is patently offensive to a passerby. Any display mounted on an entry

door must not alter the doorframe or cause the entry to be modified in any way that is in violation

of existing deed restrictions. The association may request an owner /resident to remove any

display which is in violation of the restrictions.

11. Installation and use of Solar Energy Devices: A new law allows the installation and use of

solar energy devices (solar panels). These devices may be installed either rooftop or in a fenced

yard or patio. Owners wishing to install such devices must apply to the Architectural Committee

for approval and provide all information about the system that the owner plans to use. No system

will be approved which as adjudicated by the court, threatens public health or safety, violates any

law, is located in an area on the owners property other than, on the roof of the home or other

property structure or in a fenced yard or patio owned and maintained by the owner.

The roof structure must be designed to carry the additional weight of the solar energy device. It

may require a professional inspection prior to any procurement, approval or installation.

If mounted on the roof it may not extend higher than or beyond the roofline and conform to the

slope of the roof. The device must be parallel to the roofline and must have a frame, support

bracket and any wiring or visible piping must be commonly available in the marketplace with

acceptable colors, silver, bronze and black. The device may not be installed in an unapproved

location unless the alternate location will increase the annual energy production of the device, as

determined by the National Renewable Energy Laboratory, by more than 10 percent above the

energy production of the device if located in an area designated by the Architectural Committee.

If located in a yard or patio it cannot be taller than the fence line. Any installation that voids the

manufacturer’s warranties or that does not have prior Architectural Committee approval will be

cause for removal of the device.

12. No animals or birds, other than household pets, shall be kept on any lot. Dogs must be kept

on leash at all times or confined to their property in accordance with Hood County Animal Control

Ordinances.

13. Easements are reserved along and within 5 feet of the rear lines of all lots here under

except “0” feet on lots whose rear lines coincide with the Brazos River Authority boundary line,

including channel lots. Easements are reserved along and within 5 feet of the front lines and the

sidelines of all lots hereunder. A 10-foot utility easement is reserved along the southerly side of

Lots 1 and 27, Block 6. A 10-foot utility and drainage easement is reserved along the westerly

side of Lot 40, Block 2. Said easements in the next sentences are for the construction, operation

and perpetual maintenance of conduits/ poles, wires and fixtures for electric lines, gas lines,

telephone lines, water lines, sanitary and storm sewers, road drains and other public and quasipublic

utilities and to trim any trees which at any time may interfere or threaten to interfere with

the maintenance of such lines, with right of ingress to and egress from across said premises to

employees of said utilities. To the extent neither said construction, operation nor maintenance of

any of the items mentioned in the next preceding sentence has commenced along any respective

lot, "side lines of all lots" as used in this paragraph, in respect to any two or more contiguous

whole and/or fractional lots owned by (and/or under a contract fro be conveyed by the

undersigned to) the same person or persons and used as a single building site, shall thereafter

mean each and/or either of the two outermost side lot lines considering said contiguous whole

and/or fractional lots as one lot. If the combined width of said contiguous whole and/or fractional

lot is at least 50 feet at the widest portion thereof, provided that the herein above mentioned

easements along the southerly side of Lots 1 and 27, Block 6. And the westerly side of Lot 40,

Block 2 shall not be impaired.

It is understood and agreed that it shall not be considered a violation of the provisions of the

easement if wires or cables carried by such pole lines pass over some portion of said lot not

within the easement as long as such lines do not hinder the construction of buildings on any lots

hereunder.

Drainage easements are reserved within the areas so designated on the plat(s) of

Arrowhead Shores Subdivision recorded in the office of the County Clerk of Hood County/Texas.

Lots affected by one or more of such drainage easements are: Lots 134 and 135 of Block 1,

Section A; Lots 58 thru 80, 85 thru 87, 89, 90, 95 thru 110/ 115 thru 117,126 of Block 2, Lots 18

thru 24, 39 thru 42 of Block 3, Lots 1 thru 14, 21, 22, 34, 35, 50 of Block 4, Section B. A Lone Star

Gas Co. easement, shown on said plat(s), affects Lot 39 of Block 1, Lot 90 thru 92, 95 thru 101,

126 thru 129, 132 thru 135, 153 thru 159 of Block 2, Section B. A Texas Highway Department

easement (for drainage channels)shown on said plat(s), affects Lots 142 thru 144 of Block 1,

Section A.

The BOD and/or their designees may, on any lot and/or lots then owned

by them, construct, maintain, use and allow to be used by others, parks, swimming

pools/playgrounds, community center buildings, water wells and related pumping, storage,

operation and maintenance facilities and the like, and numbered paragraphs 2 through 12 hereof

shall not apply thereto.

Lots 1 thru 4 and lots 24-27, Block 6, Section A, are under an oil, gas, sulfur and other minerals

drilling and mining easement as set forth in the General Warranty Deed from Obie P.Leonard, Jr,

et al to hood County Land Company dated May 23, 1972, and recorded in volume 183, Page 149,

Records, Hood County, Texas. No mineral rights are conveyed to property owners of Arrowhead

Shores per the original property offering.

An easement is retained on the northwesterly ¼ of Lot 1, Block 6, Section A, and on the

southwesterly ¼ of Lot 37, Block 7, Section B, for the construction of a subdivision identification

structure, signs and/or other ornamental and advertising structures by the undersigned, its

successors and assigns.

14. SANITATION EASEMENTS AND RESTRICTIONS. Those areas designated as

being subject to sanitation easements on the plat(s) of Arrowhead Shores Subdivision recorded in

the office of the County Clerk, Hood County, Texas, including Lots 26-37, Block 4 and 15 feet of

Lots 31 thru 33 Block 5 Section A and Lots 30 thru 34 and 92, Block 2, Section B and portions of

Lots 1A, 2 thru 5, 29, 35, 90, 91, 95, 149, Block 2, Lot 15 thru 17, Block 3, Section B, are subject

to the following restrictions:

The construction, fabrication, installation, or placement of a human or household waste disposal

facility, animal or poultry shelter and/or any other source of possible pollution on any

part of the area described by said sanitation easement is prohibited so long as the water well

located at the center of the easement are on Lot 34, Block 4, Section A is used for a public water

supply. Pollution means such contamination of other alteration of the physical, chemical or

biological properties of water as to render such water harmful, detrimental or injurious to public

health, safety or welfare, or to legitimate beneficial use.

15. No outside toilet or privy shall be erected or maintained on any lot hereunder. The materials

installed in, and the means and methods of assembly of/ all sanitary plumbing shall conform with

the requirements of the Hood County Environmental Health the State of Texas and the Texas

Water Quality Board.

16. All Arrowhead Shores property owners are members of the Arrowhead Shores Owners

Association and as such subject to an annual assessment for each lot owned. There is no

initiation fee to join the Arrowhead Shores Owners Association (ASOA). From time to time, as

determined by the Board of Directors and a majority vote of the Arrowhead Shores Owners

Association members, fees and assessments may be added or increased.

Assessment's may be used for the construction, reconstruction, improvement of, swimming pools,

parks and other improvements in Arrowhead Shores Subdivision, and for the purchase and rental

of land and other property and facilities for use by Arrowhead Shores Owners Association, and

for any other uses as approved by the Board of Directors of Arrowhead Shores Owners

Association, it being understood that said swimming pools, parks and recreational areas are for

the sole use and benefit of members of said Association, their families and authorized guests.

Said assessment shall accrue from the earlier of the date of the agreement for deed from the

undersigned as seller to a purchaser or of the conveyance by the undersigned as grantor. Such

assessment shall be and is hereby secured by a lien on each lot hereunder, respectively, and

shall be payable to Arrowhead Shores Owners Association (a Texas non-profit corporation), its

successors and assigns, the owner of said assessment- funds, on November 30 of each year

commencing in 1974, at which date in the year 1974 and in successive years said assessment

lien shall conclusively be deemed to have attached and there shall be no lien securing said

assessment until November 30 of each such year. Said assessment lien shall be junior and

subordinate to any lien which may be placed on any lot or any portion of any lot as security for

any interim construction loan and/or any permanent loan for financing improvements on said lot,

and/or any purchase money loan for any lot on which a dwelling or building complying with these

restrictions has theretofore been constructed. Commencing on the last Sunday in April, 1979 / the

undersigned shall not be eligible for membership in said Arrowhead Shores Owners Association.

Assessments against lots owned by the undersigned shall accrue, and liens securing same may

attach, only during such times as not covered contract to purchase said lots is then in force; no

assessment shall be made against the undersigned nor against the unsold lots owned by it at any

time (whether or not such lots have been previously sold and the contract cancelled or otherwise

terminated), and as to any lot then owned by the undersigned not covered by a contract with the

undersigned then in force to sell or reserve for sale such lot, any then accrued but unpaid

assessments under this paragraph against such lot shall thereupon be automatically cancelled.

17. Any building, structure or improvement commenced upon any lot shall be completed as to

exterior finish and appearance, within six (6) months from the commencement date.

18. No lot or portion of any lot shall be used as a dumping ground for rubbish or trash, nor for

storage of items or materials (except during construction of a building), and all lots shall be kept

clean and free of tall grass and weeds, any boxes, rubbish, trash, inoperative cars, or other

debris. The BOD or any Architectural Control Committee member shall have the right to enter the

property where a violation exists under this paragraph and remove the incomplete structure or

other items at the expense of the offending party.

19. No lot shall be further subdivided except that fractions of lots may be separated to add to

space of whole lots if the combination of whole and fractional lots is used as a single building site

and if all other provisions of these subdivision restrictions are complied with. No lot or any part of

a lot shall be used for a street, access road or public thoroughfare without the prior written

consent of the undersigned, its successors or assigns.

20. Subject to the provisions of the last sentence of this paragraph, if any person or entity, as

defined hereinafter, whether or not lawfully in possession of any real property hereunder, shall

either (i) violate or attempt to violate any restriction or provision herein, or (ii) suffer to be violated

(with respect to the real property in which such person or entity has rights other than the rights

granted by this sentence) any restriction or provision herein, it shall be lawful for ASOA and/or

any person or entity, as defined hereinafter, possessing rights with respect to any real property

hereunder, to prosecute any proceedings at law or in equity against any such person or entity

violating, attempting to violate and/or suffering to be violated any restriction or provision herein to

(i) prevent such violation, (ii) recover damages or other dues for such violation, and (iii) recover

court costs and reasonable attorney's fees in-cured in such proceedings. "Person or entity", as

used in the next preceding sentence hereof, shall include, but shall not be limited to, all owners

and purchasers of any real property hereunder, as well as all heirs, devisees, assignees, legal

representatives and other persons or entities who acquire any of the rights (with respect to the

real property hereunder) of the owner or purchaser of any real property hereunder.

Notwithstanding any other provisions hereof, ASOA shall neither be liable nor be subject to any

proceeding at law or in equity on account of any violation or attempted violation of any restriction

or provision herein which occurs during such time as there is In force a contract to purchase the

property where such violation or attempted violation takes place.

21. On waterfront lots where the rear lot line coincides with the Brazos River

Authority boundary line of Lake Granbury, any construction of boat docks, piers or other

structures below elevation 693 feet mean sea level shall not be commenced until written

permission has been received from the Brazos River Authority, Waco/ Texas.

22. Invalidation of any one or more of these covenants and restrictions by

Judgment of any court shall in no way affect any of the other covenants, restrictions, and

provisions herein contained, which shall remain in full force and effect.

23. Applicable Fees: A fee schedule is maintained at the ASOA office and posted on the ASOA

web page containing the following:

Transfer Fees: Payable upon sale or transfer of property, paid by Purchaser to cover

administrative costs to set up a new owner account.

Annual Dues: per lot/per year annually

Renters, Tenants and Lessees: paid by the property owners on behalf of tenants where rental

property is involved.

Swimming Pool Pass: Seasonal pass for owners and Renters, tenants and Lessees who are in

arrears with dues and for non-residents wishing to use the pool.

Daily Pool Pass for members, guests and anyone wishing to swim for the day.

Community Room Rental Fees

Mowing Fees for unimproved Lots

These fees may from time to time be increased. Fees for dues or other assessments to members

will be cause to increase by a majority vote of the ASOA membership plus unanimous approval

by the Board of Directors. Other fees can be increased by a majority vote of the BOD.

24. The Restrictions heretofore recorded in Volume 233, Page 540-546, Records, Hood County,

Texas, are hereby cancelled and superceded by the restrictions herein.

 

 

 

 

 

 

 

 

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