The language is identical for Sections 1, 2, 3, & 5.
ARTICLE I. DEFINITIONS
(a) “Architectural Review Committee” or “ARC” shall mean the architectural review committee established by the Organization to review plans submitted to the Organization for architectural review.
(b) “Attic” means the space between the ceiling beams of the top story and the Roof rafters. An Attic whether finished or unfinished is not a story.
(c) “Board” shall mean the Board of Directors of the Organization.
(d) “Corner Lot” is one that abuts on more than one Street. Any Lot, except a corner, is deemed to front on the Street upon which it abuts. A Corner Lot shall be deemed to front on the Street on which it has its smaller dimension, or if dimensions on more than one Street are approximately the same, Organization reserves the right to designate which Street the Lot shall face.
(e) “Dwelling” means a main residential structure constructed on a Lot intended for single-family residential purposes.
(f) “Garage” means a building or part of a building used to house motor vehicles.
(g) “Irregular Shaped Lot” means any Lot with a frontage width which differs by greater than thirty-five percent (35%) from the rear width of the Lot. The Board shall have the discretion to determine whether any other Lot can be considered an Irregular Shaped Lot.
(h) “Lot” means a parcel of property within the Plat of the subdivision recorded in the real property records of Harris County, Texas, and encumbered by this Amended and Restated Declaration, and restricted to single-family residential purposes. For purposes of this Amended and Restated Declaration, a Lot may consist of a platted Lot, less than a platted Lot, more than a platted Lot, or portions of two or more platted Lots.
(i) “Organization” shall mean and refer to the Garden Oaks Maintenance Organization, Inc.
(j) “Outbuilding” shall mean and refer to structures such as (by way of example and not limitation) storage buildings, sheds, greenhouses, gazebos and other Roofed Structures.
(k) “Owner” means an owner of any portion of the Subdivision. Persons or entities holding title only as a lienholder shall not be an Owner for purposes of this Amended and Restated Declaration.
(l) “Roof” means a non-porous cover for a structure such as (by way of example and not limitation) Lexan barriers or shingles but not a shade trellis, ivy or other open or porous material that may also be used as a cover.
(m) “Short Lot” means a Lot whose depth does not allow for an Outbuilding.
(n) “Street” as used herein shall include any street, drive, boulevard, road, lane, avenue, or place as shown on the recorded plat as a thoroughfare.
(o) “Structure” means any building (including a Dwelling) or improvement, placed, maintained or constructed on a Lot, whether or not affixed to the land, and any addition to, or modification of any existing building or improvement.
(p) “Subdivision” means Garden Oaks, Section __.
The language is identical for Sections 1, 2, 3, & 5.
WHEREAS, the Owners of Garden Oaks, Section _____ desire to protect and maintain the park-like character by careful and thoughtful planning, including protective restrictions, which include architectural review of plans, a maintenance fund, and many other beneficial restrictions, based on its original environment, natural beauty, permanent improvements, comfort, drainage, and parks and playgrounds;
The language for the Annual Maintenance Fee is identical for Sections 1, 2, 3, & 5.
ARTICLE VII. ASSESSMENTS
(a) Creation of Assessments
When a Lot is transferred, except in the case of an Exempt Transfer, the new Owner is obligated to pay a one-time transfer fee assessment (“Assessment”). The Assessment is payable to the Association at the closing of the transfer of the Lot. The transferring Owner shall notify the Organization or its managing agent of a pending title transfer at least seven (7) days prior to the transfer. Such notice should include the name of the transferee, the date of the title transfer, and other information as the Board may require. The Assessment will be charged to the new Owner on the date of the transfer of a Lot. The Assessment shall be paid in full on the day of closing and shall be delinquent if not paid in full at that time. The Assessment shall not be prorated.
Each such Assessment, together with attorney’s fees, late fees, interest and costs, shall be the personal obligation of the person or entity who becomes the new Owner of the land at the time of the transfer. No diminution or abatement of Assessments or set-off shall be claimed or allowed by reason of any alleged failure of the Organization or Board to take some action or perform some function required to be taken or performed by the Organization or the Board under this Amended and Restated Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Organization. The obligation to pay Assessments is a separate covenant on the part of each Owner of a Lot.
(b) Transfer Fee Assessments
i. Purpose. Assessments levied by the Organization shall be used for any legal purpose for the benefit of the Subdivision as determined by the Board and, in particular, may, by way of example and not limitation or obligation, include operational expenses of the Organization, enforcement of deed restrictions, payment of insurance premiums, costs of collection and litigation, administrative expenses, beautification, providing security, and any other services as may be in the Subdivision’s and Owners’ interest and all buildings, services, improvements and facilities deemed necessary or desirable by the Board in connection with the administration, management, control or operation of the Subdivision. The Board may, in its sound discretion, give one or more of the purposes set forth herein preference over other purposes, and it is agreed that all expenses incurred and expenditures and decisions made by the Board in good faith shall be binding and conclusive on all Owners.
ii. Creation. Payment of the Assessment shall be the obligation of each Owner, subject to the provisions below, and shall be binding and enforceable as provided in this Amended and Restated Declaration.
iii. Rate. The initial Assessment established by the Organization shall not exceed FIFTEEN HUNDRED DOLLARS AND NO/100 ($1,500.00) per Lot. Two or more Lots that have been formally re-platted into one Lot with the approval of the City of Houston Planning and Development Department shall be treated as a single lot when the lot is sold. Similarly, a subdivided Lot will result in multiple Lots each of which will be subject to one Assessment per Lot when sold.
iv. Levying of the Assessment. The Board shall determine the sufficiency or insufficiency of the then-current Assessment to reasonably meet the expenses for providing services and capital improvements in the Subdivision and may, at its sole discretion and without a vote by the Members, adjust the Assessment in an amount up to ten percent (10%) annually. The Assessment may only be adjusted by more than ten percent (10%) annually if such adjustment is approved by Owners of a majority of the Lots present, in person or by proxy, electronic ballot, or absentee ballot, at a meeting called for said purpose at which a quorum is present in person or by proxy, electronic ballot, or absentee ballot. The Assessment shall not be adjusted more than once in a calendar year nor shall any adjustment be construed to take effect retroactively, unless otherwise approved by Owners of a majority of the Lots subject to such Assessments present in person or by proxy, electronic ballot or absentee ballot at a meeting called for said purpose at which a quorum is present in person or by proxy, electronic ballot, or absentee ballot.
v. Notwithstanding the above, no Assessment shall be levied upon a transfer of title to a Lot (“Exempt Transfers”): (1) by a co-Owner to a person who was a co-Owner immediately prior to such transfer; (2) to a spouse in connection with a divorce; (3) the Owner’s estate, trust, heir, surviving spouse, or child; (3) to an institutional lender pursuant to a mortgage or upon foreclosure of a mortgage; (4) between entities where the Owner has a 100% interest in the entity or entities; (5) on the second of two transfers of title occurring within thirty (30) calendar days of the first transfer.
(c) Enforcement
The Organization may bring an action in law against the Owner personally obligated to pay the Assessment, late fees, interest, and costs, including attorneys’ fees, incurred by the Organization in collecting same and obtain a personal judgment against the Owner. No lien is created herein to secure the payment of the Assessment.
3.05 Quorum. Except as otherwise provided in these Bylaws or in the Amended and Restated Declaration, the presence, in person or by proxy, absentee ballot, or electronic ballot, of Members representing fifty (50) of the total votes allocated to Owners in the Subdivision will constitute a quorum for the conduct of business at a meeting. If a quorum is not present at any meeting of Members, Members representing a majority of the Lots present at the meeting may adjourn and reconvene the meeting at a later time or date.
Sections 1 & 2 made no mention of height of residence in the original DRs. Sections 3 & 5 had a restriction which is modified to make it enforceable by inclusion of a measurement certain and clarity on number of stories. The limits are: Section 3 is 42′; Section 5 is 39′. This difference takes into account that both front and side setbacks are larger in Section 3 than in 5.
Section 3
… all Lots shall have one (1) detached single-family Dwelling not to exceed two stories plus an Attic and forty-two (42) feet above natural grade plane in height, as measured from the center of the fronting street to the highest ridgeline. The height limitation provided herein shall include any portion of the natural grade plane that is built up or the area, whether consisting of livable or non-livable space, underneath the Dwelling if it is raised above the natural grade plane.
Section 5
… all Lots shall have one (1) detached single-family Dwelling not to exceed two stories plus an Attic and thirty-nine (39) feet above natural grade plane in height, as measured from the center of the fronting street to the highest ridgeline. The height limitation provided herein shall include any portion of the natural grade plane that is built up or the area, whether consisting of livable or non-livable space, underneath the Dwelling if it is raised above the natural grade plane.
The language grandfathered violations is identical for Sections 1, 2, 3, & 5.
No trade or business may be conducted in or from any Dwelling, Structure or Lot except such use where (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Dwelling, Structure or Lot; (ii) the business activity conforms to all zoning requirements and other restrictive covenants applicable to the Subdivision; (iii) the business activity does not involve visitation to the Dwelling, Structure or Lot by clients, customers, workers, employees, suppliers or other business invitees or door-to-door solicitation of residents of the Subdivision; and (iv) the business activity is consistent with the residential character of the Subdivision and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Subdivision, as may be determined in the sound discretion of the Board.
Side setbacks in Sections 1, 2, & 3 were bigger than the setbacks in Section 5. This difference is retained in the new wording. The new language is shown for both.
Sections 1, 2, & 3
The side building lines shall not be nearer than fifteen (15) feet to either side property line in the area from the front building line (50-foot line) to the Outbuilding build line (100-foot line); or nearer than ten (10) feet to either side property line in the area from the Outbuilding build line (100-foot line) to the rear building line.
Section 5
The side building lines shall not be nearer than ten (10) feet to either side property line in the area from the front building line (40-foot line) to the Outbuilding build line (100-foot line); or nearer than five (5) feet to either side property line in the area from the Outbuilding build line (100-foot line) to the rear building line.
The language for abolishing the DRs is identical for Sections 1, 2, 3, & 5.
(a) The provisions of this Amended and Restated Declaration will remain in full force and effect until January 1, 2038, and are extended automatically for successive ten (10)year periods; provided, however that the provisions of this Amended and Restated Declaration may be terminated on January 1, 2038, or on the commencement of any successive ten (10) year period by filing for record in the Official Public Records of Real Property of Harris County, Texas, an instrument in writing signed by Owners representing not less than eighty percent (80%) of the Lots in the Subdivision.
The language grandfathered violations is identical for Sections 1, 2, 3, & 5.
Any property on which a condition exists on the date this Amended and Restated Declaration is recorded in the Official Public Records of Harris County, Texas that is a violation of this Amended and Restated Declaration shall be grandfathered until and unless the condition on the property is replaced. Repairing the condition shall not require compliance so long as it simply restores the violation to the condition as it existed on the effective date of this Amended and Restated Declaration. The repair shall not enhance or extend any portion of the violation. The Board shall use sound discretion to determine whether any such repair is to such a degree which requires compliance with this Amended and Restated Declaration.
The language prohibiting short term rentals is identical for Sections 1, 2, 3, & 5.
Examples of expressly prohibited uses include, but are not limited to, a bed and breakfast, boarding house, vacation rental daily/weekly rentals of the entire Dwelling, Structure or Lot, or portions of the Dwelling, Structure or Lot, a day-care facility, home day-care facility, church, nursery, pre-school, beauty parlor, or barber shop or other similar facility. No lease or rental of a Dwelling, Structure, or Lot shall be for less than thirty (30) consecutive and guaranteed days.
No Garage apartment may be used for rental purposes for a period of less than thirty (30) guaranteed and consecutive days.
The language between Sections differs in the minimum lot size and Section 5 originally retained slightly different langage about minimum width to erect. That difference has been retained.
Section 1
An Owner may not subdivide a Duplex or the Lot on which a Duplex is constructed.
No Dwelling shall be erected on any Lot or homesite of less frontage than seventy-five (75) feet and no Lot shall be subdivided to be less than ten thousand (10,000) square feet. No Lot shall be subdivided to create a Lot with frontage of less than seventy-five (75) feet. No Lot shall be subdivided in a manner which will result in an Irregular Shaped Lot or Short Lot.
Section 2
An Owner may not subdivide a Duplex or the Lot on which a Duplex is constructed.
No Dwelling shall be erected on any Lot or homesite of less frontage than seventy-five (75) feet and no Lot shall be subdivided to be less than eleven thousand (11,000) square feet. No Lot shall be subdivided to create a Lot with frontage of less than seventy-five (75) feet. No Lot shall be subdivided in a manner which will result in an Irregular Shaped Lot or Short Lot.
Section 3
No Dwelling shall be erected on any Lot or homesite of less frontage than seventy-five (75) feet and no Lot shall be subdivided to be less than nine thousand (9,000) square feet. No Lot shall be subdivided to create a Lot with frontage of less than seventy-five (75) feet. No Lot shall be subdivided in a manner which will result in an Irregular Shaped Lot or Short Lot.
Section 5
No Dwelling shall be erected on any Lot or homesite where the width of the Lot at the front building line is less than sixty (60) feet and no Lot shall be subdivided to be less than six thousand (6,000) square feet. No Lot shall be subdivided to create a Lot with a front building line of less than sixty (60) feet. No Lot shall be subdivided in a manner which will result in an Irregular Shaped Lot or Short Lot.
Sections 1 & 2 made no mention of garage rental.
The following language was removed from Sections 3 & 5:
No garage apartment for rental purposes permitted. All living quarters on property other than in main building to be for bona bide servants only.
The language prohibiting storage of refuse is identical for Sections 1, 2, 3, & 5.
No stumps, trees, underbrush or any refuse of any kind nor scrap material from the improvements being erected an any Lot shall be placed on any adjoining Lots, Streets, or easements. All such material, if not disposed of immediately, must remain on the Lot on which construction work is in progress, and at the completion of such improvements, such materials must be immediately removed from the property.
The language permitting porch steps is identical for Sections 1, 2, 3, & 5.
The front building line shall not be nearer than fifty (50) feet to the front property line, including the gallery, terrace or porch exclusive of steps used to access the ground floor.
The language limiting the height and stories of outbuildings is identical for Sections 1, 2, 3, & 5.
No Outbuildings shall exceed in height or number of stories (not including Attics), beyond the highest ridgeline, the Dwelling to which they are appurtenant.
The language for sections 1, 2, 3, & 5 is identical.
ARTICLE V. TERM AND MODIFICATION OF RESTRICTIONS
(a) The provisions of this Amended and Restated Declaration will remain in full force and effect until January 1, 2038, and are extended automatically for successive ten (10)year periods; provided, however that the provisions of this Amended and Restated Declaration may be terminated on January 1, 2038, or on the commencement of any successive ten (10) year period by filing for record in the Official Public Records of Real Property of Harris County, Texas, an instrument in writing signed by Owners representing not less than eighty percent (80%) of the Lots in the Subdivision.
(b) Approval by the Owners of a majority (fifty percent (50%) plus one (1)) of the Lots shall be required to amend or modify this Amended and Restated Declaration. Upon approval of the Owners, as set out above of said amended declaration (as evidenced by the President’s or Vice-President’s signature certifying such approval) the amended declaration shall be recorded in the Official Public Records of Harris County, Texas, whereupon to the extent of any conflict with this Amended and Restated Declaration and any amendment thereto, the amendment shall control. For purposes of this Section, the approval of multiple Owners of a Lot may be reflected by the signature of any one Owner of such Lot.
Notwithstanding anything contained herein to the contrary, the Organization shall be entitled to use any combination of the following methods to obtain approval of the Owners for an amendment to this Amended and Restated Declaration:
i. by written ballot, or electronic ballot as same may be established by the Board, that states the substance of the amendment and specifies the date by which a written or electronic ballot must be received to be counted;
ii. at a meeting of the Members of the Organization, if written notice of the meeting stating the purpose of the meeting is delivered to the Owners of the Lots; such notice may be hand-delivered to the Owners, sent via regular mail to the Owner’s last known mailing address, as reflected in the Organization’s records, or via email to the Owner’s email address as reflected in the Organization’s records;
iii. by door-to-door circulation of a petition by the Organization or a person authorized by the Organization; and/or by any other method permitted under this Amended and Restated Declaration or applicable law.
The language for the role of the HOA in leading the Amendment process is identical for Sections 1, 2, 3, & 5.
Approval by the Owners of a majority (fifty percent (50%) plus one (1)) of the Lots shall be required to amend or modify this Amended and Restated Declaration. Upon approval of the Owners, as set out above of said amended declaration (as evidenced by the President’s or Vice-President’s signature certifying such approval) the amended declaration shall be recorded in the Official Public Records of Harris County, Texas, whereupon to the extent of any conflict with this Amended and Restated Declaration and any amendment thereto, the amendment shall control. For purposes of this Section, the approval of multiple Owners of a Lot may be reflected by the signature of any one Owner of such Lot.
The language for waiver of setbacks is identical for Sections 1, 2, 3, & 5.
The right is reserved by the Organization to change these restrictions in the case of unusual or Irregular Shaped Lots, Short lots, or Lots unusual in size, where same is considered desirable for the advantage and best appearance of the immediate community.
The language for the waiver process is identical for Sections 1, 2, 3, & 5.
ARTICLE IV. VARIANCES
The Board, or its duly authorized representative, may authorize variances from compliance with any of the architectural provisions of this Amended and Restated Declaration, unless specifically prohibited, including restrictions upon height, size, placement of Structures, or similar restrictions, when circumstances such as topography, natural obstruction, hardship, aesthetic, or environmental considerations may require. The Board, or its duly authorized representative, shall conduct a hearing with the Lot Owner seeking such variance and any Lot Owners adjacent or contiguous to such Lot, in order to consider any objections, concerns or comments regarding such variance, except that the decision to grant a variance is to be determined solely by the Board. Such variances must be evidenced in writing, must be approved by at least eighty percent (80%) of the Board, and shall become effective upon execution. The variance must be signed by a member of the Board and recorded in the Official Public Records of Harris County, Texas. If such variances are granted, no violation of the covenants, conditions, or restrictions contained in this Amended and Restated 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 Amended and Restated Declaration for any purpose except as to the particular provision hereof covered by the variance, nor shall it affect in any way the Owner’s obligation to comply with all applicable governmental laws and regulations.
No granting of a variance shall be relied on by an Owner, or any other person or entity (whether privy or party to the subject variance or not), as a precedent in requesting or assuming variance as to any other matter of potential or actual enforcement of any provision of this Amended and Restated Declaration. Action of the Board in granting or denying a variance is a decision based expressly on one unique set of circumstances and need not be duplicated for any other request by any party or the same party for any reason whatsoever.
The language for regulating Signs is identical for Sections 1, 2, 3, & 5.
Except as herein noted, no signs, billboards, posters, or advertising devices of any character shall be erected in this Subdivision without the written consent of the Organization, and such consent shall be revocable at any time. The Board has the authority to adopt a policy or guidelines regarding signs.
The language for approval of residence facing direction on corner lots is identical for Sections 1, 2, 3, & 5.
Where Corner Lots are of equal or nearly equal dimensions on two Streets, or they are Irregular Shaped Lots, the Organization reserves the right to designate the direction in which such improvements shall face, and such decision shall be made with the thought in mind of the best general appearance to that immediate section.
The language for Plan Approval is identical for Sections 1, 2, 3, & 5.
No Dwelling, Outbuilding, or improvements of any character shall be erected or modified, or the erection thereof begun, or changes made in the exterior thereof after construction, on any Lot, Dwelling or Outbuilding in Garden Oaks, Section One, until plans and specifications have been submitted to and approved in writing by the Architectural Review Committee of the Organization. Such submission is to include exterior design, survey and site plan, and such approval by the Organization is to be based on the following general requirements, stipulations and restrictions, together with any other requirements, stipulations, and restrictions that the Organization may deem advisable. In the event the ARC fails to approve such plans and specifications within thirty (30) days after receipt thereof, they shall be deemed to be disapproved.
The language for Member voting is identical for Sections 1, 2, 3, & 5.
ARTICLE X. ORGANIZATION
(a) Every Owner of a Lot will, solely by virtue of ownership and without further action, be a member of Garden Oaks Maintenance Organization, Inc., a Texas non-profit corporation (the “Organization”). The Organization establishes, assesses, and collects mandatory assessments, making it subject to Chapter 209 of the Texas Property Code. The business and affairs of the Organization is managed by its Board of Directors.
(b) Each Lot is entitled to one (1) vote, regardless of the number of Owners of a Lot. Multiple Owners of any single Lot must vote in agreement (under any method they devise among themselves) but, in no case will such multiple Owners cast portions of votes. The vote attributable to any single Lot must be voted in the same manner (i.e. all Owners of the Lot for, or all Owners of the Lot against a particular issue) but, in no event can there be more than one (1) vote cast per Lot.
A Lot is entitled to two (2) votes only if all of the following conditions are satisfied: (i) applicable City of Houston subdivision ordinances would permit subdivision of the Lot by re-platting, (ii) each resulting Lot would satisfy the frontage requirements imposed herein, (iii) no Structure that is located on one resulting Lot would encroach onto the adjacent Lot or violate setback lines after subdivision (e.g., a building may not be located on the original Lot such that the lot line created by the subdivision would, with respect to existing Structures, result in an encroachment or violation of setback lines), and (iv) each resulting Lot may be conveyed to a separate Owner as a fee simple tract of land.
No Owner will have a right to vote unless (i) the Owner is shown on the membership rolls of the Organization, or (ii) the recorded deed evidencing ownership of the Lot has been delivered to the Organization.
The language for the Annual Maintenance Fee is identical for Sections 1, 2, 3, & 5.
ARTICLE VII. ASSESSMENTS
(a) Creation of Assessments
The Owners of any Lot, by virtue of ownership of property within the Subdivision, covenant and agree to pay to the Organization an annual assessment (“Assessment”) and any applicable late fees, interest and costs as more particularly set forth in this Amended and Restated Declaration.
Each such Assessment, together with attorney’s fees, late fees, interest and costs, shall be the personal obligation of the person or entity who was the Owner of the land at the time when the Assessment became due. No diminution or abatement of Assessments or set-off shall be claimed or allowed by reason of any alleged failure of the Organization or Board to take some action or perform some function required to be taken or performed by the Organization or the Board under this Amended and Restated Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Organization. The obligation to pay Assessments is a separate covenant on the part of each Owner of a Lot.
(b) Annual Assessments
i. Purpose. Assessments levied by the Organization shall be used for any legal purpose for the benefit of the Subdivision as determined by the Board and, in particular, may, by way of example and not limitation or obligation, include operational expenses of the Organization, enforcement of deed restrictions, payment of insurance premiums, costs of collection and litigation, administrative expenses, beautification, providing security, and any other services as may be in the Subdivision’s and Owners’ interest and all buildings, services, improvements and facilities deemed necessary or desirable by the Board in connection with the administration, management, control or operation of the Subdivision. The Board may, in its sound discretion, give one or more of the purposes set forth herein preference over other purposes, and it is agreed that all expenses incurred and expenditures and decisions made by the Board in good faith shall be binding and conclusive on all Owners.
ii. Creation. Payment of the Assessment shall be the obligation of each Owner, subject to the provisions below, and shall be binding and enforceable as provided in this Amended and Restated Declaration.
iii. Rate. The initial Assessment established by the Organization shall not exceed EIGHTY DOLLARS AND NO/100 ($80.00) per Lot. An Owner who formally re-plats two or more Lots into one Lot with the approval of the City of Houston Planning and Development Department shall owe one Assessment. Similarly, an Owner who subdivides a Lot shall pay one Assessment per Lot created by the subdivision of the Lot.
iv. Commencement. The initial Assessment for a Lot shall commence as soon as practical but in no event later than January 1, 2020. Assessments shall be due in advance on January 1st for the coming year and shall be delinquent if not paid in full as of January 31st of each year.
v. Proration. An Owner’s initial Assessment shall be made for the balance of the calendar year as determined on a pro-rata basis and shall become due and payable on the commencement date described above. The Assessment for any year after the first year shall be due and payable on the first day of January. Any Owner who purchases a Lot or Lots after the first day of January in any year shall be personally responsible for a pro-rated Assessment amount for that year.
vi. Levying of the Assessment. The Board shall determine the sufficiency or insufficiency of the then-current Assessment to reasonably meet the expenses for providing services and capital improvements in the Subdivision and may, at its sole discretion and without a vote by the Members, increase the Assessment in an amount up to three percent (3%) annually. The Assessment may only be increased by more than three percent (3%) annually if such increase is approved by Owners of a majority of the Lots present, in person or by proxy, electronic ballot, or absentee ballot, at a meeting called for said purpose at which a quorum is present in person or by proxy, electronic ballot, or absentee ballot. The Assessment shall not be adjusted more than once in a calendar year nor shall any increase be construed to take effect retroactively, unless otherwise approved by Owners of a majority of the Lots subject to such Assessments present in person or by proxy, electronic ballot or absentee ballot at a meeting called for said purpose at which a quorum is present in person or by proxy, electronic ballot, or absentee ballot.
vii. Over-65 Exemption. Any Owner who is sixty-five (65) years old or older on the date this Amended and Restated Declaration is recorded in the Official Real Property Records of Harris County, Texas and has also received an over-65 homestead exemption on the Lot owned by the Owner in the Subdivision from the Harris County Appraisal District may apply to be exempted from payment of the Assessment for so long as the Owner continues to own the Lot (“Over-65 Exemption”). This Over-65 Exemption shall not apply to: (1) any current Owners who become sixty-five (65) years old during the ownership of their Lot after the date this Amended and Restated Declaration is recorded in the Official Real Property Records of Harris County, Texas; and (2) any new Owners who purchase a Lot in the Subdivision who are or may become sixty-five (65) years old or older after the date this Amended and Restated Declaration is recorded in the Official Real Property Records of Harris County, Texas. An Owner must apply for and receive approval in writing from the Organization for the Over-65 Exemption.
(c) Enforcement
The Organization may bring an action in law against the Owner personally obligated to pay the Assessment, late fees, interest, and costs, including attorneys’ fees, incurred by the Organization in collecting same and obtain a personal judgment against the Owner. No lien is created herein to secure the payment of the Assessment.
