Form 23-2

Declaration of Restrictive Covenants of  
the [name of subdivision] Subdivision

[Without Property Owners’ Association]

Basic Information

Date:

Declarant:

Declarant’s Address:

Property:

Definitions

“Covenants” means the covenants, conditions, and restrictions contained in this Decla­ration.

“Declarant” means [name], [a/an] [individual/[Texas/[state of formation]] limited partnership/corporation/limited liability company] and any successor that acquires all unim­proved Lots owned by Declarant for the purpose of development and is named as successor in a recorded document.

“Easements” means Easements within the Property for utilities, drainage, and other purposes as shown on the Plat or of record.

“Lot” means each tract of land designated as a lot on the Plat.

“Owner” means every record Owner of a fee interest in a Lot.

“Plat” means the Plat of the Property recorded in [recording data] of the real property records of [county] County, Texas, and any replat of or amendment to the Plat made in accor­dance with this Declaration.

“Renting” means granting the right to occupy and use a Residence or Structure in exchange for the payment of money.

“Residence” means a detached building designed for and used as a dwelling by a Single Family and constructed on one or more Lots.

“Single Family” means a group of individuals related by blood, adoption, or marriage or a number of unrelated roommates not exceeding the number of bedrooms in a Residence.

“Structure” means any improvement on a Lot (other than a Residence), including a fence, wall, tennis court, swimming pool, outbuilding, or recreational equipment.

“Subdivision” means the Property covered by the Plat and any additional property made subject to this Declaration.

“Vehicle” means any automobile, truck, motorcycle, boat, trailer, or other wheeled con­veyance, whether self-propelled or towed.

Clauses and Covenants

A.Imposition of Covenants

1.Declarant imposes the Covenants on the Subdivision. All Owners and other occu­pants of the Lots by their acceptance of their deeds, leases, or occupancy of any Lot agree that the Subdivision is subject to the Covenants.

2.The Covenants are necessary and desirable to establish a uniform plan for the development and use of the Subdivision for the benefit of all Owners. The Covenants run with the land and bind all Owners, occupants, and any other person holding an interest in a Lot.

3.Each Owner and occupant of a Lot agrees to comply with this Declaration and agrees that failure to comply may subject him to a fine, damages, or injunctive relief.

B.Plat and Easements

1.The Plat, Easements, and all matters shown of record affecting the Property are part of this Declaration and are incorporated by reference.

2.An Owner may use that portion of a Lot lying in an Easement for any purpose that does not interfere with the purpose of the Easement or damage any facilities. Owners do not own any utility facilities located in an Easement.

3.Neither Declarant nor any Easement holder is liable for damage to landscaping or a Structure in an Easement.

4.Declarant and each Easement holder may install, maintain, and connect facilities in the Easements.

C.Use and Activities

1.Permitted Use.      A Lot may be used only for an approved Residence and approved Structures for use by a Single Family.

2.Prohibited Activities.      Prohibited activities are—

a.any activity that is otherwise prohibited by this Declaration;

b.any illegal activity;

c.any nuisance or noxious or offensive activity;

d.any dumping of rubbish;

e.any storage of—

i.building materials except during the construction or renovation of a Res­idence or a Structure;

ii.vehicles, except vehicles in a garage or Structure or operable automo­biles on a driveway; or

iii.unsightly objects unless completely shielded by a Structure;

f.any exploration for or extraction of minerals;

g.any keeping or raising of animals, livestock, or poultry, except for common domesticated household pets, such as dogs and cats, not to exceed [number] confined to a fenced yard or within the Residence;

h.any commercial or professional activity except reasonable home office use;

i.the renting of a portion of a Residence or Structure;

j.the drying of clothes in a manner that is visible from any street;

k.the display of any sign except—

i.one not more than five square feet, advertising the Lot for sale or rent or advertising a garage or yard sale; and

ii.political signage not prohibited by law;

l.installing a mobile home, manufactured home, manufactured housing, motor home, or house trailer on a Lot;

m.moving a previously constructed house onto a Lot;

n.interfering with a drainage pattern or the natural flow of surface water;

o.hunting and shooting;

p.occupying a Structure that does not comply with the construction standards of a Residence; and

q.[insert any additional restrictions, e.g., renting a Residence or Structure for less than thirty consecutive days or allowing a renter, guest, or other person who is a registered sex offender to reside at the Property.]

D.Construction and Maintenance Standards

1.Lots

a.Consolidation of Lots.      An Owner of adjoining Lots may consolidate those Lots into one site for the construction of a Residence.

b.Subdivision Prohibited.      No Lot may be further subdivided.

c.Easements.      No easement in a Lot may be granted.

d.Maintenance.      Each Owner must keep the Lot, all landscaping, the Resi­dence, and all Structures in a neat, well-maintained, and attractive condition.

2.Residences and Structures

a.Aesthetic Compatibility.      All Residences, Structures, and Landscaping must be aesthetically compatible with the Subdivision.

b.Maximum Height.      The maximum height of a Residence is [number] [feet above grade/stories].

c.Required Area.      The total area of a Residence, exclusive of porches, garages, or carports, must be at least [number] square feet.

d.Location on Lot.      No Residence or Structure may be located in violation of the setback lines shown on the Plat. Each Residence must face the front Lot line. All Structures must be located behind the front wall of the Residence. All outbuildings, except garages, must not be visible from any street.

e.Garages.      Each Residence must have at least a two-car garage accessed by a driveway. The garage may be a separate structure.

f.Damaged or Destroyed Residences and Structures.      Any Residence or Structure that is damaged must be repaired within [number] days and the Lot restored to a clean, orderly, and attractive condition. Any Residence or Struc­ture that is damaged to the extent that repairs are not practicable must be demolished and removed within [number] days and the Lot restored to a clean and attractive condition.

g.Fences, Walls, and Hedges.      No fence, wall, or hedge may be located for­ward of the front wall line of the Residence, except for trellises and decora­tive fences.

h.Antennas.      No antenna, satellite dish, or associated wires may be visible from the street or be located behind the back setback line of any Lot.

i.Traffic Sight Lines.      No landscaping that obstructs traffic sight lines may be placed on any Lot.

j.Sidewalks.      When the Residence is constructed, the Lot must be improved with sidewalks connecting with the sidewalks on adjacent Lots.

k.Landscaping.      Landscaping must be installed within [number] days after occupancy.

3.Building Materials for Residences and Structures

a.Roofs.      Only [composition/tile/metal] may be used on Residences and Struc­tures. All roof stacks must be painted to match the roof color.

b.Air Conditioning.      Window- or wall-type air conditioners may not be used in a Residence.

c.Exterior Walls.      All Residences must have at least [percent] percent of their exterior walls, including exposed foundation, of stone or brick, minus win­dows and doors.

d.Driveways and Sidewalks.      All driveways and sidewalks must be surfaced with concrete or asphalt.

e.Lot Identification.      Lot address numbers and name identification must be aesthetically compatible with the Subdivision.

E.General Provisions

1.Term.      This Declaration runs with the land and is binding in perpetuity.

1.Term.      This Declaration runs with the land and is binding for a term of [number] years. The term may be extended for [successive terms of [number] years each by the affirma­tive vote of [percent] percent of the Owners within [number] months before the end of a term/an initial term of [number] years]. [Include if applicable: Thereafter this Declaration automati­cally continues for successive terms of [number] years each, unless within [number] months before the end of a term [percent] percent of the Owners vote not to extend the term.]

2.No Waiver.      Failure by an Owner to enforce this Declaration is not a waiver.

3.Corrections.      Declarant may correct typographical or grammatical errors, ambi­guities, or inconsistencies contained in this Declaration, provided that any correction must not impair or affect a vested property right of any Owner.

4.Amendment.      This Declaration may be amended at any time by the affirmative vote of [percent] percent of the Owners.

5.Severability.      If a provision of this Declaration is unenforceable for any reason, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other provision of this Declaration, and this Declaration is to be construed as if the unenforceable provision is not a part of the Declaration.

6.Notices.      Any notice required or permitted by this Declaration must be given in writing by certified mail, return receipt requested. Unless otherwise required by law or this Declaration, actual notice, however delivered, is sufficient.

7.Annexation of Additional Property.      On written approval of Declarant and not less than [percent] percent of the Owners, the owner of any property who desires to subject the property to this Declaration may record an annexation agreement that will impose this Declaration and the Covenants on that property.

8.Presuit Mediation.      As a condition precedent to the commencement of a legal proceeding to enforce this Declaration, the Owners will mediate the dispute in good faith.

9.Association.      The Owners of [percent] of Lots in the Subdivision may authorize the formation of an association of Owners (“Association”) by signing and acknowledging a statement containing (a) the proposed Association’s name and type of entity and (b) the names and addresses of the initial directors. The Association will be governed by this Declaration, its Certificate of Formation, if any, and its bylaws and rules adopted by its board of directors (collectively, “Dedicatory Instruments”).

If an Association is formed, every Owner will be a member and agrees to comply with the Dedicatory Instruments with the same consequences for failure to comply as are contained in this Declaration for failure to comply with it. Membership in the Association is appurtenant to and may not be separated from ownership of a Lot. If more than one person is an Owner of a Lot, only one vote may be cast for the Lot. The Association will have the powers of a Texas [nonprofit corporation/unincorporated nonprofit association] and a property owners’ associa­tion for the Subdivision under the Texas Business Organizations Code, the Texas Property Code, and the Dedicatory Instruments. The Association may levy assessments to pay the expenses of its formation; to promote the recreation, health, safety, and welfare of Owners in the Subdivision; to fund its operating expenses; and to improve and maintain any common areas. An assessment is a personal obligation of each Owner when the assessment accrues. Assessments are secured by a continuing vendor’s lien on each Lot, and the lien is reserved by the Declarant and assigned to the Association. By acceptance of a deed to a Lot, each Owner grants a lien, together with the power of sale, to the Association to secure assessments. The lien granted and reserved to the Association is subordinate to any lien granted by an Owner against a Lot not prohibited by the Texas Constitution. The foreclosure of a superior lien extinguishes the Association’s lien as to assessments due before the foreclosure. The bylaws or the rules of the Association establish when assessments are due, how assessment amounts may be changed, and the Association’s rights to collect assessments. Regular assessments [will be equal for all Lots/will be based on the size of each Lot, rounded to the nearest one-tenth of an acre]. The bylaws and rules may also specify the Association’s remedial rights to charge late fees for late payment of assessments; enforce compliance with the Dedicatory Instruments; and assess an Owner for attorney’s fees and costs arising out of enforcement actions, foreclosure of the Association’s lien, or suspension of an Owner’s rights, including voting rights, for a delinquency in paying an assessment or other violations of the Dedicatory Instruments.

   
[Name of declarant]

After recording, please return to:

[name and address of declarant or attorney]