This summary is for the purpose of assisting the membership of the Sommerall Homeowers Association in understanding the contents of the deed restrictions. It is not intended to replace the actual recorded document, nor is it to be used as a legal reference. Your title company should have provided you with a complete copy of the deed restrictions at closing. I f you did not receive a copy, one can be obtained from our management company for a small handling charge.
The Declaration of Covenants. Conditions and Restrictions spells out the basic elements of ownership. The Sommerall Homeowners Association, Inc. came into existence when the document was filed with the Harris County Clerk's office.
Organization: The Association is organized as a non-profit corporation under the laws of the State of Texas
.Directors: The Association acts through a Board of five (5) Directors, which manages the affairs of the Association.
Members: Each owner of a lot is a member of the Association.
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 any common areas. The responsibilities of the Association shall include, but not be limited to the maintenance and repair of the walkways, steps, entry gates, or fountain areas, if any; constructing and maintaining parkways, rights-of-way, easements, esplanades and other public areas; construction and operation of all street lights; purchase and/or operating expenses of recreation areas, if any; payment of all legal and other expenses incurred in connection with the enforcement of all recorded charges and assessments, covenants, restrictions, and conditions affecting the Properties to which the maintenance fund applies; payment of all reasonable and necessary expenses in connection with the collection and administration of the maintenance charge and assessment; employing policemen and watchmen; if desired, caring for vacant lots and doing other things necessary or desirable in the opinion of the Association to keep the properties in the subdivision neat and in good order, or which is considered of general benefit to the owners or occupants of the Properties. It is understood that the judgment of the Association in the expenditure of said funds shall be final and conclusive so long as such judgment is exercised in good faith.
Maximum annual assessment: The maximum annual assessment may be increased each year not more than ten percent (10%) above the maximum annual assessment for the previous year with a two-thirds (2/3) vote of the membership. The annual assessment is due January I of each year. Any assessment not paid within 30 days after the due date shall bear interest from the date at the rate of six percent (6%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive of otherwise escape liability for the assessments by non-use of the Common Areas or abandonment of the lot.
Architectural Control Committee: See Architectural Review Committee Guidelines.
Use Restrictions:
1. Single family residential construction No building shall be erected, altered, or permitted to remain on any Lot other than one detached single family dwelling used for residential purposes only. and not to exceed two (2) stories in height. Each such dwelling shall have an attached or detached garage or carport for no less than two (2) cars. Nor shall any dwelling exclusive of open porches, carports or garages, or patios be permitted on any Lot in this subdivision at a cost of less that $20,000.00. based upon cost levels prevailing on the date these covenants are recorded. 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, or apartment houses: and no Lot shall be used for business or professional purposes of any kind, nor for any commercial or manufacturing purposes. No building of an)' kind, with the exception of lawn storage or children's playhouses, shall ever be moved onto any Lot within said subdivision. A minimum of fifty percent (50%) of the first floor wall area to the top of the first floor window height and height and exclusive of openings shall be of masonry, masonry veneer, or stucco construction unless otherwise approved in writing by the Architectural Review Committee.
2. Minimum square footage within improvements Those lots described above are restricted to a dwelling with a minimum of eleven hundred (1,100) square feet of livable area, exclusive of open porches and garages, carports or parking spaces.
3. Sidewalks. A concrete sidewalk four (4) feet wide shall be constructed parallel to the curb two (2) feet from the property line along the entire fronts of all lots. In addition thereto, four (4) foot wide sidewalks shall be constructed parallel to the curb two (2) feet from the property line along the entire side of all comer lots, and the plans for each residential building on each side of said lots shall include plans and specifications for such sidewalk and same shall be constructed and completed before the main residence it occupies.
4. Location of the improvements upon the Lot No building shall be located on any lot nearer to the front line or nearer to the street side line than the minimum building setback line shown on the recorded plats or replats; however, in no instance shall a building be located nearer to the front property line than twenty (20) feet unless approved in writing by the Architectural Review Committee. The main residential structure shall be located no less than ten (10) feet from the rear property line. Subject to the provisions of Section 5 below, no part of the house building, carport or garage shall be located nearer than five (5) feet to an interior side lot line or ten (10) feet to any exterior lot line on a comer lot. For the purposes of this covenant, eaves, steps and unroofed terraces shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of the construction on a lot to encroach upon another lot. Unless otherwise approved in writing by the Architectural Review Committee, each main residence building shall face the front building line.
5. Composite building site. Subject to thc approval of the Architectural Rcview Committee, any owner of one or more adjoining Lots or portions thereof may consolidate or redivide such Lots or portions into one or more building sites with the privilege of placing or constructing improvements on such resulting sites, in which case the front footage at the building setback lines shall be measured from the resulting side property lines rather than from the Lot lines as indicated on the recorded plats. Any such resulting building site must have a frontage at the building setback line of not less that fifty-five (55) feet.
6. Prohibition of offensive activities. No activity whether for profit or not, shall be carried on any Lot which is not related to single family residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any Lot which may be or become an annoyance or a nuisance to the neighborhood. This restriction is waived in regard to the normal sales activities required to sell homes in the subdivision and the lighting effects utilized to display the model homes.
7. Use of temporary structures No structure of a temporary character, whether trailer, basement, tent, shack, garage, barn or other outbuilding shall be maintained or used on any Lot at any time as a residence, or for any other purposes, with the exception of lawn storage or children's playhouses; provided, however, that Declarant reserves the exclusive right to erect, place and maintain such facilities in or upon any portions of the Properties as in its sole discretion may be necessary or convenient while selling Lots, selling or constructing residences and constructing other improvements upon the Properties. Such facilities may include, but not necessarily be limited to sales and construction offices, storage areas, model units, signs, and portable toilet facilities.
8. Storage of automobiles, boats, trailers, recreational vehicles and other vehicles. No motor vehicle may be parked or stored on any part of any Lot, easement, right-of-way, or common area unless such vehicle is concealed from public view inside a garage or other approved enclosure, except passenger automobiles, passenger vans, 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 daily use as motor vehicles on the streets and highways of the State of Texas. No non-motorized vehicle, trailer, boat, marine craft, hovercraft, aircraft., machinery or equipment of any kind ma)' be parked or stored, in any part of any lot, easement, right-of-way, or common area unless such object is concealed from public view inside a garage or other approved enclosure. If a complaint is received about a violation of any part of this Section, the Architectural Control Committee will be the final authority on the matter. This restriction shall not apply to any vehicle. machinery, or equipment temporarily parked and in use for the construction, repair or maintenance of a house or houses in the immediate vicinity.
9. Mineral operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any Lot, nor shall any wells, tanks, tunnels, mineral excavation, or shafts be permitted upon or in any Lot. No derrick or other structures designed for the use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
10. Animal husbandry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except that dogs, cats or other common household pets may be kept provided that they are not kept, bred or maintained for commercial purposes. No more than two of each type of pet will be permitted on each Lot. It is the pct owner's responsibility to keep the Lot clean and free of pet debris Each pet will be required to be kept on a leash outside owner's Lot.
11. Walls, fences and hedges. No hedge in excess of three (3) feet in height, walls or fence shall be erected or maintained nearer to the front Lot line than the walls of the dwelling existing on such Lot No side or rear fence, wall, or hedge shall be more than eight (8) feet high. No fence shall be installed upon the properties until the plans have been submitted to and approved by the ARC.
12. Visual obstruction at the intersections of public streets. No object or thing which obstructs site lines at elevations between two (2) feet and eight (8) feet above the roadways within the triangular area formed by the intersecting street property lines and a line connecting them at points ten (10) feet from the intersection of the street property lines or extension thereof shall be placed. planted or permitted to remain on any comer lots.
13. Lot maintenance. The owners or occupants of each Lot shall at all times keep all weeds and grass thereof cut in a sanitary, healthful and attractive manner, and shall in no event use any Lot for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted. The drying of clothes in full public view is prohibited and the owners or occupants of any Lots at the intersection of streets or adjacent to parks, playgrounds or other facilities where the rear yard or portion of the tot is visible to public view shall construct and maintain a drying yard or other suitable enclosure to screen the following from public view: the drying of clothes, yard equipment, or storage piles, which are incident to the normal residential requirements of a typical family. No lot shall be used or maintained as a dumping ground for trash. Trash, garbage or other waste materials shall not be kept except in sanitary containers constructed of metal, plastic or masonry materials with sanitary covers or lids. Equipment for the storage or disposal of such waste materials used in the construction of improvements erected upon any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so tong 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.
14. Signs, advertisements, billboards. Except for signs owned by Declarant or by builders advertising their model homes during the period of original construction and home sales, no sign, poster, advertisement or billboard or advertising structure of any kind other than a normal "For Sale" sign not to exceed five (5) square feet in total size may be erected or maintained on any Lot in said Subdivision. Declarant, or its assigns, will have the right to remove any, sign, advertisement, or billboard or structure that does not comply with the above, and in so doing shall not be subject to any liability of trespass or other sort in the connection therewith or arising with such removal.
15. Maximum height of antennae. No radio or television aerial wires or antenna shall be maintained on any portion of any Lot that is visible from the front side of said Lot: nor shall any free standing antenna of any style be permitted to extend above the roof line of the main residential structure on said Lot nor be located behind the back building.