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Updated 11/05/08

Heatherwood Deed Restrictions
All Deed Restrictions Are Strictly Enforced

DEED RESTRICTION INFORMATION

The Deed Restriction Committee (which consists of the Board of Directors) handles any complaints or questions you may have concerning violations and enforcement of the deed restrictions. Names of those people reporting complaints will be kept confidential. Please contact the Community Association office or Board members to discuss problems concerning the deed restrictions. We all need to work together to keep Heatherwood neat and attractive.

To receive a complete copy of the subdivision deed restrictions, contact:

Heatherwood Village Community Association
c/o LAMS Property Management
12310 Flaxen Dr.
Houston, TX. 77065
713-478-6445
(
myheatherwood@yahoo.com)

An abbreviated summary of the deed restrictions is given below for your reference and convenience (along with a downloadable form to report violations.)


HEATHERWOOD DEED RESTRICTION VIOLATION FORM

If you wish to report a deed restriction violation, you may download this form and mail it to:

Heatherwood Village Community Association
c/o LAMS Property Management
12310 Flaxen Dr.
Houston, TX. 77065
713-478-6445
(
myheatherwood@yahoo.com)

You will need Adobe Reader (made freely available) to read or print this form.


HEATHERWOOD ARCHITECTURE CONTROL FORM

In an effort to protect each individual homeowner’s rights and property values, it is required by the Declaration of Covenants, Conditions and Restrictions that any homeowner considering improvements to their deeded property submit a “Request for Home Improvement Approval” to the Architectural Control Committee/Board of Directors, prior to initiating work on planned improvements. You may download this form (744 KB) and mail it to:

Heatherwood Village Community Association
c/o LAMS Property Management
12310 Flaxen Dr.
Houston, TX. 77065
713-478-6445
(
myheatherwood@yahoo.com)

You will need Adobe Reader (made freely available) to read or print this form.


ABBREVIATED SUMMARY OF DEED RESTRICTIONS

ARTICLE II: USE RESTRICTIONS

Section 1. Single Family Residential Construction.

(…) No room(s) in the dwelling and no space in any other structure shall be let or rented. This shall not preclude the main residential structure from being leased or rented in its entirety as a single residence to one family or person.

Section 2. Architectural Control.

No buildings or improvements of any character shall be erected or placed or the erection thereof begun, or changes made in the design thereof after original construction, on any Lot until the construction plans and specifications and a plan showing the location of the structure or improvements have been submitted to and approved in writing by the Architectural Control Committee, as to compliance with these restrictions, quality of material, harmony of external design with existing and proposed structures and as to location with respect to topography and finish grade elevation. (…)

Section 3. Minimum Square Footage Within Improvements.

The living area on the ground floor of the main residential structure (exclusive of porches, garages and servants' quarters) shall not be less than Twelve Hundred Fifty (1,250) square feet for one-story dwellings. The total living area for a multi-story dwelling shall not be less than Fourteen Hundred (1,400) square feet. (…)

Section 4. Exterior Materials.

The exterior materials of the main residential structure and any attached garage…shall not be less than fifty-one (51%) percent masonry on the ground floor, unless otherwise approved by the Architectural Control Committee.

Section 5. Location of the Improvements upon the Lot.

No building or other improvements shall be located on any Lot nearer to the front lot line or nearer to the street sideline than the minimum building setback line shown on the recorded plat. (…)

Section 6. Composite Building Site. (omitted)

Section 7. Utility Easements.

Easements for installation and maintenance of utilities are reserved as shown and provided for on the recorded plat and no structure of any kind shall be erected upon any of said easements. (…)

Section 8. Prohibition of Trade and Offensive Activities.

No activity, whether for profit or not, shall be carried on 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.

Section 9. Use of Temporary Structures.

No structures of a temporary character, mobile home, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence. Portable buildings used for accessory or storage purposes shall be limited to not more than eight (8) feet in height and shall be subject to approval of the Architectural Control Committee. (…)

Section 10. Storage of Automobiles, Boats, Trailers and Other Vehicles.

No boat trailer, boats, travel trailers, inoperative automobiles, campers, or vehicles of any kind shall be semi-permanently or permanently stored in the public street right-of-way or forward of the front building line. Storage of such items and vehicles must be screened from public view, either within the garage or behind a fence which encloses the rear of the Lot.

Section 11. Mineral Operation. (omitted)

Section 12. 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 of the domestic variety may be kept provided that they are not kept, bred or maintained for commercial purposes and provided that no more than two (2) of each type animal is kept.

Section 13. Walls, Fences and Hedges.

No wall, fence or hedge shall be erected or maintained nearer to the front lot line than the front building line on such Lot, nor on corner lots nearer to the side lot line than the building setback line parallel to the side street. No side or rear fence, wall or hedge shall be more than six (6) feet in height. No chain link fence type construction will be permitted on any Lot. (…)

Section 14. Visual Obstruction at the Intersection of Public Streets.

No object or thing which obstructs sight lines at elevations between two (2) and six (6) feet above the surface of the streets within the triangular area formed by the curb lines of the streets involved and a line running from curb line to curb line at points twenty-five (25) feet from the junction of the street curb lines shall be placed, planted or permitted to remain on any corner lots.

Section 15. Lot Maintenance.

The Owner or occupants of all Lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner. (…) The accumulation of garbage, trash or rubbish of any kind or the burning (except as permitted by law) of any such materials is prohibited. In the event of default on the part of the Owner or occupant of any Lot in observing the above requirements or any of them, such default continuing after ten (10) days' written notice thereof, Declarant or its assigns, may without being under any duty to so do, in trespass or otherwise, enter upon said Lot, cut, or cause to be cut, such weeds and grass and remove or cause to be removed, such garbage, trash and rubbish or do any other thing necessary to secure compliance with these restrictions and to place said Lot in a neat, attractive, healthful and sanitary condition, and may charge the Owner or occupant of such Lot for the cost of such work. (…)

Section 16. Visual Screening on Lots.

The drying of clothes in public view is prohibited, and…all yard equipment, woodpiles or storage piles shall be kept screened by a service yard or other similar facility so as to conceal them from view of neighboring Lots, streets or other property.

Section 17. Signs, Advertisements, Billboards.

No sign, advertisement, billboard or advertising structure of any kind shall be placed, maintained or displayed to the public view on any Lot except one sign for each building site, of not more than five (5) square feet, advertising the property for sale or rent. (…)

Section 18. Roofing Material.

The roof of all buildings (including any garage)…shall be constructed or covered with…asphalt or composition shingles comparable in color to wood shingles. The decision of such comparison shall rest exclusively with the Architectural Control Committee. (…)

Section 19. Maximum Height of Antennae.

No electronic antenna or device of any type other than an antenna for receiving normal television signals shall be erected, constructed, placed or permitted to remain on nay Lot, houses or buildings. Television antennae may be attached to the house provided, however, such antennae must be located to the rear of the roof ridge line, gable or center line of the principal dwelling. Freestanding antennae must be attached to and located behind the rear wall of the main residential structure. No antennae, either freestanding or attached, shall be permitted to extend more than ten (10) feet above the roof of the main residential structure on the Lot, or shall be erected on a wooden pole.

(Following sections omitted)