ANNOTATED INDEX
TO THE RESTRICTIONS, BY- LAWS, RULES AND REGULATIONS AT RIVERTREE
COMPILED BY LARRY AND ANN GOLDMAN,
139 Possum Haw Holly Trail, LOT 4, BLOCK II, RIVERTREE

EXPLANATION OF THE INDEX

    The Rules and Regulations of RiverTree are many, diverse, and sometimes contradictory plus often being vague. Unless a person has a photographic memory the rules are hard to find without reading all of the documents. Also it is possible that one’s memory of what they say can fade. 
The following is an attempt to help in finding things in all of these legal documents.
We have copied all of the documents and edited them to be like the originals. Some items in the Rules are no longer valid:

1. Those related to Declarant
2. Those that have been amended and
3. A few that are statements of intentions (such as building a water works) that have been completed. 

    We have added some comments. If we found a word that was misspelled in the original we noted this by putting (sic) after it. If you find any others not noted let us know. Comments by us that explain certain items, such as a signature, we have placed in brackets [ ]. 
    Words or paragraphs that have been changed by Amendments are in Green. Comments that tell where these changes can be read, we have noted in brackets in Red .[Red].
The Index is an annotated Index. This means that instead of just a word, there are at times explanations as well as the location of the item..
    It is easy to miss something that should be Indexed. So if you see something that you think should be in the Index, send me the information and I will try to put it into the Index.
    To save space, physical locations in the documents have been abbreviated:

D II, 5, B, 3 Refers to Declarations Article II, Section 5, B, paragraph 3
BL refers to By-Laws
A1D, A2D etc. refer to the Amendments (First, Second, etc.) to the Declarations
A1BL, A2BL, etc. refers to the Amendments to the By-Laws
BD1, BD2, etc. refer to Board Decisions
ACC1, ACC2, etc. refer to published rules by the Architectural Control Committee
p means page
M refers to the Memorandum about the Walking Path along the Frio River

ANNOTATED INDEX

Click on the letter below to go to that part of the Index.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A

Amendment

Amendment of Declarations by 75% of an absolute majority D VI, 7
By-Laws amended by majority of members at meeting for that purpose BL 12
First Amendment to By-Laws A1, BL
First Amendment to Declarations A1, D1, 1
Second Amendment to By-Laws A 2, BL
Second Amendment to Declarations A3, D
Third Amendment to By-Laws A 3, BL 
Third Amendment to Declarations A3, D

Animal Husbandry 

All Pets either fenced or leashed at all times D II, 14
Animal Husbandry [except pets] Allowed on Two Acres or Larger D II, 31
Buildings for animals D II, 2A
Maximum of two of each type of Pet allowed D II, 14
No Breeding or Commercial uses of pets D II, 14
Limited to one (1) animal unit D II, 3, 3

Annexation of additional property or Common Area D VI, 9

Antenna

Antenna for other items allowed with restrictions A1D, p 2,1
Antenna for satellite allowed A1D p2,1

Architectural Control Committee D II, 5

30 Day approval limit – if no response in 30 days – automatically approved D II, 5, 4
ACC may request any necessary information for variances D II, 5, 6
Appointed by Board of Directors BL 7, 7.01
Building Guidelines ACC 1
Disapproval of variances D II, 5, 6
Has to approve all water well drilling A1D, 3
May do reasonable modifications to Restrictions D II, 5, 5 Must approve all construction D II, 5, 2
Must approve location of Motor Homes D II, 5, 4 
No liability D II, 5,1
Response time requirements D II, 5, 4
Rules for variances D II, 5, 6
Storage Conditions Set by ACC D II, 12
Three members D II, 5 and BL 7, 7.01
Wants to respond in 30 days ACC 1

Articles of Incorporation [these contain incorporating items and nearly everything in the document is repeated elsewhere. ] 

AI, I
Assessment
Amounts fixed 30 days before each calendar year D IV, 7, 2
Assessment agreed to by lot purchase D IV, 1
Assessment Regular: monthly and transfer fee D IV, 3 Assessment Set by BOD DIV, 4, 2 
Assessment Unpaid will become Lien on the Lot D IV, 1
Calculating Monthly D IV, 4, 5
Charged by Association for doing Maintenance [see Maintenance] D II, 20
Collection of Monthly D IV, 4, 1
Discount D IV, 3C
Effect of non payment D IV, 8
Foreclosure for non payment D IV, 9, 1  
Foreclosure Sale D IV, 9, 3
Late Fee D IV, 4, 4
Liens superior to other charges with certain exceptions D IV, 10
May include any legal fees D II, 20
May include other fees such as interest, legal fees, etc. D IV, 1
Monthly D IV, 3A
Monthly and Transfer may be changed by the Board D IV, 4, 2
Monthly fixed by the Board D IV, 4, 3
Notice of Lien D IV, 9, 2
Purposes D IV, 2, 1
Special for Capital Improvements D IV, 6, 1
Special Limited Amount, may be changed by vote of members D IV, 6, 2
Special may be levied D IV, 5
Transfer Fee to Association on transfer of lot ownership D IV, 3B
Uniform Rate D IV, 3D

Assistant Secretaries and Assistant Treasurers BL 6, 6.01 and BL 6, 6.09

Association: See Owners Association

ATVs (see also Motorized Vehicles ) 

ATVs and all non-electric vehicles allowed only on Common Area streets D II, 28c
ATVs and all non-electric vehicles restricted to the streets D II, 28c
ATVs and other non-electric vehicles prohibited on Hike and Bike Trails D II, 28c

Automobiles

Motorized vehicles not allowed on any Common Area except streets D II, 28c
Repairs to Automobiles allowed only in enclosed areas D II, 28a 

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B

Board of Directors
[Note that while Members Elect the BOD, BL 4, 4.01, the Officers are elected by the BOD and not by the members, BL 6, 6.02 ]

Actions without a meeting: Rules for A2, BL, 2
Appointed Directors serve the unexpired term of predecessor BL 5, 5.03, 1
Approves additional committees and sets their rules BL 7, 7.02
BOD may set time and place of BOD meetings, except the Annual Meeting BL 5, 5.04
BOD to manage affairs of the Association D IV, 12 and BL 5, 5.01
Books and Records BL 9, 1
Budget copies must be sent to members 30 days prior to annual meeting BL 5, 5.11
Budget for year to be done by BOD BL 5, 5.11
Compensation:
No salaries for service BL 5, 5.09
Pay of fixed sum and expenses for meeting attendance allowed BL 5, 5.09
Compensation may be paid to Secretary, Treasurer, Assistant Secretary or
Assistant Treasurer BL 6, 6.10
Contract authorization BL 8, 8.01
Declaration superior to By-Laws in conflicts BL 15
Director may vote in person or by proxy BL 5, 5.08
Directors ceasing to be owners automatically removed BL 5, 5.03, 2 
Elected by Members at the annual meeting BL 4, 4.01
Expenses and judgments to be paid by Corporation BL 5, 5.12 
Increasing number of Directors, BOD appoints new, then elected BL 5, 5.03, 1
Liability: no one liable to the Corporation as Director or Officer if acting in good
Faith and reasonable manner BL 5, 5.13
No salaries for service BL 5, 5.09
Number of Directors is Five unless By-Laws are amended A1, BL
Power to do all the powers and duties not reserved to the members BL 5, 5.01
Proxy rules BL 5, 5.08
Quorum of BOD is a majority present (not proxies) BL 5, 5.07 and BL 5, 5.08
Regular Annual meeting of BOD held immediately after members meeting BL 5, 5.04
See Meetings for powers related to meetings
Special meetings at call of President or any two members BL 5, 5.05 
Special meetings Notice rules BL 5, 5.06 
Vacancies in BOD filled by vote of remaining Directors BL 5, 5.03, 1

Books and Records BL 9, 1 

Available at the principle office of the Association BL 9, 1
Members entitled to inspect and get copies for a reasonable price BL 9, 1

Building Guidelines (See Building Rules)

Building Rules D II, 2A

Building Guidelines by ACC ACC 1

Building Guidelines: [Square Footage Requirements] D II, 6

Building Rules by ACC (including plans, colors, etc), ACC1, p 1
Color by ACC - ACC 1, p 1
Location of Structures on Lot D II 7,1
No Construction on Hike & Bike Trails D II, 7, 1
STRUCTURES
All structures must be completed within 6 months D II, 5, 2
Animal Buildings, etc. allowed on 2 acres or more D II, 2A
Approval (prior) by ACC required on all structures and improvements D II, 5, 2
Carport D II, 2A
Height: no structures to be higher than the main residential building D II, 2A
Placement on lot: restrictions for D II 7, 1
Private garage D II 2A Reasonable modifications may be made to rules at sole discretion of ACC D II 5, 5
Servants quarters or guest houses [maximum of 2 allowed] D II 2A
Shop building (s) [plural] D II 2A
Single family dwelling
Only 1 allowed D II, 2A
Two story maximum height D II, 2A
Square footage requirements vary by lot D II 6
Metal siding not allowed A1D, 1
Metal, other than siding, allowed D II 5, 2
ACC 1, p. 1
Colors must be earth tones D II 5, 2
ACC 1, p. 1
Storage building (s) [plural] D II 2A
May be built before primary residence D II 2C

By-Law Articles:

Article 1 Name and Officers BL 1, 1.01 Article 2 Definitions BL 2, 2.01
Article 3 Members and Voting Rights BL 3
Article 4 Meeting of Members BL 4, 4.01
Article 5 Board of Directors BL 5, 5.01
Article 6 Officers BL 6, 6.01
Article 7 Committees BL 7, 7.01
Article 8 Contracts, Checks, Deposits, and Funds BL 8, 8.01
Article 9 Books and Records BL 9
Article 10 Assessments BL 10
Article 11 Corporate Seal BL 11
Article 12 Amendments to By-Laws BL 12
Article 13 Waiver of Notice BL 13
Article 14 Fiscal Year BL 14
Article 15 Conflicts BL 15

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C

Carport D II 2A

Checks and Drafts BL 8, 8.02

Colors Required on buildings D II, 5, 2 

Commercial Uses D II, 3, 1

Committees

See Architectural Control Committee
Other committees appointed by President, approved by BOD BL 7, 7.02

Common Areas

All Streets part of Common Area D VI, 13
Association can make rules for use for Common Area D VI, 3d
Association may transfer Common Area to other Public Agencies D VI, 3c
May be added to by Annexation D VI, 9
Members Right to Use D VI, 3
Owner may delegate Right of Use D VI, 5
Right of Use Suspended for Unpaid Assessments D VI, 3a 

Compensation

May be paid to Secretary, Treasurer, Asst. Treasurer BL 6, 6.10
No Salaries to BOD for service BL 5, 5.09
Pay of fixed sum and expenses to BOD allowed for meeting attendance. BL, 5, 5.09

Composite Lots D II 8,A 

Continuous Occupancy

(Definition has been discussed but never decided on.)
Required in 30 Day Stay Motor Homes D II, 2, B, 2
Corporate seal not required BL 11

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D

Declaration

Declaration Articles:

Article I Definitions D I, 1
Article II Use Restrictions D II, 1
Article III Owners Association D III, 1
Article IV Assessments and Charges D IV, 1
Article V Water System D V
Article VI General Provisions D VI, 1
Article VII Dispute Resolution D VII, 1
Superior to By-Laws in conflicts BL 15

Definitions:

Association, D I, 1 and BL 1, 1.01 and BL 2, 2.01 
Committee D I, 2
Common Area D I, 7 and BL 2, 2.03
Continuous Occupancy
Corporation BL 1, 1.01
Declarant D I, 8 and BL 2, 2.04 Declaration D I. 9 and BL 2, 2.07
Front Yards D II, 7, 2
Livestock D II, 3, 2
Lot D I, 6 and BL 2, 2.05
Member BL 2, 2.08
Motor Homes D II, 2, B, 3
One Animal Unit
Owner D I, 3 and BL 2, 2.06
Plat D I, 4 and BL 2, 2.09
Poultry D II, 3, 3
Property D I, 5 and BL 2, 2.02 and BL 2, 2.10
Ratites D II, 3, 2
Water Company D I, 10 

Deposits BL 8, 8.03

Dispute Resolution, Rules in detail D VII
[Basically this section requires arbitration to settle disputes and details the steps and requirements of the arbitration.]

Drainage- D II, 27

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E

Easements

Easements – No Liability for Damages D II, 9, 1
Easements for Utilities - Restrictions D II, 9, 1

Electric powered vehicles exempted from motorized vehicle restrictions D II, 28c

Enforcement, Right to D VI, 1

Engines: Restrictions on River D II, 26

Excavation not allowed D II, 25

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F

Fences

All fences, walls, or hedges must be prior approved by the ACC D II, 15
Fences cannot block Hike and Bike trails D II, 15
Fences for animals D II, 3, 4
Fences not allowed in front yard set back D II, 7, 1 ; D II, 15
No fence, wall or hedge can be higher than seven feet D II, 15

Finances

BOD to manage affairs of the Association D IV, 12 and BL 5, 5.01
Budget copies must be sent to members 30 days prior to annual meeting BL 5, 5.11
Budget for year to be done by BOD BL 5, 5.11
Checks and Drafts BL 8, 8.02
Contracts BL 8, 8.01
Deposits BL 8, 8.03
Fiscal Year BL 14
Gifts to Corporation BL 8, 8.04

Firearms not to be discharged D II, 23

Fiscal Year BL 14 

Foreclosure for non payment of Assessments D IV, 9, 1 [See Assessment]

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G

Garage D II 2A

Gifts to Corporation BL 8, 8.04

Guest Houses (see Building Rules, Structures )

Guests of owners may enjoy Common Area D VI, 5

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H

Height restrictions on buildings (see Building Rules )

Houses or homes (see Building Rules, Structures )

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I

Improvements

All improvements require prior approval by the ACC D II, 5, 2 Improvements location on lot D II, 7, 1
Improvements not allowed in front yard set-back D II, 7, 1

Incorporation, Articles of AI, I

Insurance for Liability D IV, 11

Interpretation rule amended to read correctly A1D, 4

Internal Combustion Engines not allowed on waterways D II, 26

Invalidation – if some restrictions are invalidated, it does not change others D VI, 2

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J

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K

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L

Law--all governmental rules must be followed. D II, 28 e

Lien, notice of D IV, 9, 2 [See Assessment ]

Liability

No Liability for damages in easements. D II, 9, 1
No one liable to the Corporation as Director or Officer if acting in good faith and reasonable manner BL 5, 5.13 

Location of Improvements on the Lot D II, 7, 1

Lot maintenance standards BD 1

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M

Maintenance

Damages Cleared, 6 months D II, 22

Maintenance of yards and common areas D II, 21

No Execavations, except as necessary. D, II, 25
No Maintenance of Vehicles except in enclosed structures. D, II, 28a 
Owner’s responsibility [includes maintenance of improvements on the lot, removal of debris, mowing of grass and weeds etc. The Association is to do it if owner does not, and assess the owner for the cost] D II, 20
Standards for Lot Maintenance BD 1

Membership in the Association is automatic for every owner of record AI, VI

Members Right to Enjoyment with certain provisions [see Rights ] D VI, 3

Metal siding not allowed A1D, 1

Meetings

Annual meetings begin on Saturday before Memorial Day. A 2 BL, 1
Annual meetings must be on same day of same month each year after 1995 BL 4, 4.01
Annual meetings to begin at 10; 00 AM BL 4, 4.01
BOD may have Directors or Officers elected by mail BL 4, 4.07
BOD may set time and place of BOD meetings, except the Annual Meeting BL 5, 5.04
Notice of : BL 4.04
Place of meeting may be changed BL 4, 4.03
Proxies for Meetings of Members BL 4, 4.06
Purpose of Annual Meeting is to elect BOD and do other business BL 4, 4.01
Quorum for Members’ meetings is 1/3 of the votes of the membership BL 4, 4.05
Regular Annual meeting of BOD held immediately after members meeting BL 5, 5.04
Special meetings can be called by BOD or 10% of voting members BL 4, 4.02

Mining Operations Prohibited D II, 13A 

Motor Homes 

Location Rules A 3, D. 1
Motor Home Defined D II, 2, B, 3
Motor Home Four (4) month use D II, 2, B, 1
Motor Home Location on Lot Must be approved by ACC D II, 5, 4
Motor Home Thirty (30) day use -- A 3, D,1, 1

Motorized vehicles (see also ATVs )

No Internal combustion engines on the River D II, 26
Not allowed on any Common Area except streets D II, 28c

Mowing

Mowing may be done by Association and owner assessed for cost D II, 20
Mowing of lot required D II, 20 
Standards for Lot Maintenance BD 1

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N

Non-electric vehicles restricted to the streets only D II, 28c

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O

Office

Principle Office of the Association in Hunt, Texas BL 1, 1.02
Registered Office may be changed by the BOD BL 1, 1.03
Registered Office must be same as address of registered agent BL 1, 1.03
Officers of the Corporation (Association)
Assistant Secretaries and Assistant Treasurers BL 6, 6.01 and BL 6, 6.09
BOD may elect or appoint other officers as needed BL 6, 6.01
Compensation may be paid to Secretary, Treasurer, Assistant Secretary or Assistant
Treasurer BL 6, 6.10
Elected annually by the BOD at regular annual meeting of BOD or as soon thereafter
as possible BL 6, 6.02 
May hold two or more offices, except President and Secretary BL 6, 6.01
Officers may be removed by BOD BL 6, 6.03
Other officers elected or appointed by BOD given duties by BOD BL 6, 6.01 
President: powers and duties BL 6, 6.05
Secretary: powers and duties BL 6, 6.08
Treasurer: powers and duties BL 6, 6.07
Vacancies filled by BOD BL 6, 6.03
Vice-President: powers and duties BL 6, 6.06

Omissions and misspellings, etc. supplied by inference D VI, 11

One Animal Unit D II, 3, 3
[ Defined by BOD to mean 1 type of animal. Example: you can’t have both goats and sheep, but can have a plurality of one or the other. ]

Owners Association D III, 1

Classes of Voting, Membership D III, 2 , 2 See Also Voting
Control of Visual Attractiveness DVI, 3 j
Garbage Collection D VI, 3g
May borrow money D VI, 3c
Membership D III, 1
Principle office in Hunt, Texas BL 1, 1.02 [See Office]
Purposes of the Association AI, V, 1
Regulation of Noise DVI 3, I
Right to Security System D VI, 3 g
Rights related to Common Areas (See Common Area)
Street Lighting DVI, 3 g
Traffic & Parking Rules D VI, 3 H
Voting rights D III, 2, 2

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P

Pets

Must be fenced or leashed at all times D II, 14
Only two of each kind allowed D II, 14

Ponding not allowed D II, 27

Portable Buildings Not Allowed D II, 11

President: powers and duties BL 6, 6.05

Principle Office of the Corporation is in Hunt, Texas BL 1, 1.02

Propane

Propane tanks above ground waiver of restrictions approved by ACC ACC 1, p 2
Propane tanks for homes not allowed above ground –see waiver above D II, 28d
Propane tanks on RVs and cookers and camping gear allowed D II, 28d

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Q

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R

Reimbursement of expenses or judgments for directors, officers, agents, or employees of the Corporation BL 5, 5.12

Registered agent of the Corporation BL 1, 1.03

Registered Office of the Corporation BL 1, 1.03

Repair to vehicles allowed only in enclosed areas D II, 28a

Replat, See Resubdivision

Restrictions

On Commercial Uses D II, 3
On Construction D II, 2, A
On Motor Homes D II, 2, B
On Placement of Motor Homes D II, 5, 4 
On Storage Buildings D II, 2, C

Resubdivision D II, 8, B

Rights

of Association to borrow money D VI, 3f
of Association to control visual attractiveness of the Property D VI, 3j
of Association to have a garbage collection system D VI, 3g
of Association to have exterior lighting for all streets D VI, 3g
of Association to have private security system D VI, 3g
of Association to make rules as BOD may determine D VI, 3d
of Association to regulate noise and prohibit use of noisy devices D VI, 3i
of Association to set traffic and parking rules D VI, 3h
of Members to enjoy Common Areas D VI, 3 
of Owner to delegate his rights of enjoyment D VI, 5
to Common Areas suspended if assessment unpaid D VI, 3b
to dedicate or transfer Common Areas to public agencies D VI, 3c 
to suspend use of Common Areas for 60 days per rule broken D VI, 3b
to vote suspended if have assessment against lot D VI, 3a

Rules

Right to enforce DVI, 1
Rules binding on all parties, D p 1, 5

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S

Salaries , see Compensation 

Secretary: powers and duties BL 6, 6.08

Septic Tanks D II, 19, 3

Servants quarters (see Building Rules, Structures)

Sewer service responsibility of owner D II, 19, 3

Shop building (s) (see Building Rules, Structures )

Signs 

Lot For Sale Signs allowed -3 square feet max D II, 17
Name Signs Allowed 3 Sq. Ft. D II, 3, 1
None allowed for Trade D II, 10
Rent Signs Same as for Sale D II, 17, 1
Storage (see also Building Rules)
Conditions are set by ACC D II, 12 
Items Screened from View D II, 12
of materials, trash, etc. D II, 16
of trash containers behind screening ACC 1
of Vehicles D II, 12

Storage rules by ACC for propane tanks ACC 1, p2

Storage rules, right to make rules about construction D VI, 3d

Streets, all streets are private and part of the Common Area D VI, 13

Structures (rules for etc, see Building Rules, Structures)

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T

Tax Exempt Status –Association will do nothing to endanger this status AI V, 2

Temporary Structures Not Allowed D II, 11 

Tenants

Non-Owner Occupants must be given complete copy of Declaration D II, 4
May render professional services of personal nature D II, 10
Owner may delegate rights to Common Areas to tenants D VI, 5
Size of For Rent signs restricted D II, 17, 1

Thirty Day Approval Limit on ACC Decisions D II, 5, 4

Towing of vehicles -- See vehicles.

Trade

No Signs Allowed D II, 10 
Personal Professional Services Allowed D II, 10
Prohibited D II, 10

Transfer Fee paid to Association when lot is sold or transferred. D IV, 3B
[ see Assessment ]

Trash

Trash assessment charged if removed by Association D II, 16
Trash burning is prohibited D II, 16
Trash can guidelines by ACC ACC 1
Trash cans must not be exposed to public view D II, 28b
Trash in sealed containers approved by ACC D II, 16

Treasurer: powers and duties BL 6, 6.07

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U

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V

Variances, Rules concerning D II, 5, 6 

Vehicles (see also Motorized Vehicles and ATVs )

No Maintenance of Vehicles except in enclosed structures. D, II, 28a

Subject to Towing & Impoundment: RVs in Common Areas – Unregistered RVs Parked in Lot 6 -- A 3 BL 3
Walking Path along the Frio River excludes all vehicles. M1

Vice-President: powers and duties BL 6, 6.06

Voting

BOD may have Directors or Officers elected by mail BL 4, 4.07
Cumulative voting is not allowed BL 4, 4.08
Declarants voting rights have ended. D III, 2, 4
Each Lot or combined Lot entitled to one vote D III, 2, 2 
Purpose of Annual Meeting is to elect BOD and do other business BL 4, 4.01
Quorum for Members’ Meetings is 1/3. BL 4, 4.05

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W

Waiver of Notice BL 13

Walking Path

Walking Path Easement along the Frio River M1
Walking Path along the Frio River excludes all vehicles. M1

Walls

Restrictions About (Location, Height, Approval by ACC) D II, 15

Water

Water service within lot is responsibility of the owner D II, 19, 1
Water wells may be drilled on lots of 2.75 acres D II, 19, 2
Water well drilling requires prior approval by the Committee A1D, 3
Water Works
Water Works Lot Set Aside D II, 3 , 5
Water Works to be run by a Water Company D II, 19, 1

Wildlife sanctuary at RiverTree D II, 24 

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X

Y

Z

AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
RIVERTREE SUBDIVISION
THE STATE OF TEXAS §
COUNTY OF REAL § return to Index

WHEREAS, THE ESTATES OF RIVER TREE, LTD., a Texas limited partnership, as Declarant, has previously filed of record that certain Declaration of Covenants, Conditions and Restrictions for the RiverTree Subdivision (the “Original Declaration”) recorded in Volume 20, Pages 424—455, of the Real Property Records of Real County, Texas, which Original Declaration imposed upon the RiverTree Subdivision the covenants, conditions and restrictions therein set forth; and
WHEREAS, the Original Declaration provides the same may be amended by an instrument signed by the Owners of not less than seventy—five percent (75%) of the total votes of each class of membership of The Estates of RiverTree Owners Association, Inc. (the “Association”); and
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WHEREAS, the Declarant and the other undersigned Owners desire to amend the Original Declaration and to restate the Original Declaration, as amended, with the intent that the Original Declaration, as amended and restated, shall supersede and replace in its entirety the Original Declaration;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the undersigned, THE ESTATES OF RIVER TREE, LTD., a Texas limited partnership, the owner of all the votes of Class B of the Association, and the other undersigned Owners, the owners of not less than seventy-five percent (75%) of the total votes of Class A of the Association, in order to carry out a general plan of development of said subdivision (herein sometimes called the “subdivision”), and in order to promote desirable residential living and limited commercial purposes in said subdivision, to insure harmony in connection therewith, to maintain the suitability of said subdivision for private residential purposes and limited commercial purposes, to carry out a general plan for the protection, benefit, use, recreation and convenience of each and every purchaser of a tract or parcel of land in said subdivision, hereby amend and restate the Original Declaration and hereby impose the following covenants, conditions and restrictions, to—wit:
W I T N E S S E T H:
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The undersigned hereby declare that all of the Property (as hereinafter defined) shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall constitute covenants running with, the real property, shall be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, the Estates of RiverTree Owner?s Association, Inc., and their respective heirs, executors, successors and assigns.
ARTICLE I
DEFINITIONS 
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Section 1: “Association” shall mean and refer to The Estates of RiverTree Owner?s Association, Inc., a Texas non—profit corporation, its successors and assigns. The Association shall have all those powers, duties and responsibilities set out herein, and such other powers, duties and responsibilities not inconsistent herewith provided for in its Articles of Incorporation and its Bylaws as the same may be amended from time to time by proper action of its members. [see also BL 1, 1.01 ]
Section 2: “Committee” shall mean and refer to the Architectural Control Committee designated and constituted as provided herein.
Section 3: “Owner” shall mean and refer to the record owner, whether one or more persons or entitles, of a fee simple title to any Lot which is a part of the Property, including contract seller(s), but excluding those having such interest merely as security for the performance of an obligation. [see also BL 2, 2.09 ]
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Section 4: “Plat” shall mean and refer to both (A) the subdivision plat for RiverTree Subdivision, Phase I, recorded. in Volume 1, Pages 105-107, of the Plat Records of Real County, Texas, and (B) the subdivision plat for RiverTree Subdivision, Phase II, recorded in Volume 1, Pages 108-109, of the Plat Records of Real County, Texas. [see also BL 2, 2.06 ]
Section 5: “Property” shall mean and refer to all of the land shown and described on the Plat. [See also BL 2,2.02]
Section 6: “Lot” shall mean and refer to each lot shown or designated on the PJ.at of RiverTree Subdivision to which map or plat reference is here made for all purposes and any additional lots shown or designated upon any subsequent replat of any lot shown on the Plat. [see also BL 2, 2.05 ]
Section 7: “Common Area” shall mean all property together with any improvements thereon owned by the Association for the common use and benefit of the Owners. The Common Area shall include and be limited to the land designated on the Plat or any replat as “Common Area” including the “Hike and Bike Trail Common Area” and the private streets shown on the Plat (or any replat). [see also BL 2, 2.01 ]
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Section 8: “Declarant” shall mean and refer to The Estates of River Tree, Ltd., a Texas limited partnership, and its successors and also its assignee if such assigns are designated in writing as i~n assignee of the rights of Declarant set forth herein. [see also BL 2, 2.04 ]
Section 9: “Declaration” shall mean this Amended and Restated Declaration of Covenants, Conditions and Restrictions. [see also BL 2, 2.07 ]
Section 10: “Water Company” shall mean either an investor-owned utility or a water supply corporation regulated by the Texas Natural Resource Conservation Commission (‘TNRCC”), which will own the central water system servicing the Property.
ARTICLE II
USE RESTRICTIONS
Section 1: Limited Use: Each lot shall be restricted to the residential and limited commercial uses permitted herein. No other uses are permitted.
Section 2: Residential Use:
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A. Construction. No building shall be erected, altered or permitted to remain on any Lot (or any resubdivision thereof) other than one single-family residential dwelling not exceeding two (2) stories in height, which may have a private garage, carport, up to two (2) bona fide servants’ or guest quarters, shop building (s) and storage building (s). On Lot(s) containing two (2) or more acres of land, there is also permitted structures designed to accommodate ratites, poultry or livestock, as permitted herein. None of such structures shall exceed the main residential dwelling in height.
B. Motor Homes. Further, motor homes may be occupied for residential use on a temporary basis not to exceed four (4) months in any one stay on the following Lots only: Lots 2, 3, 4, 5, 7, 8, 9 and 10. Block 1, and Lots 1, 2, 3, 4, and 5, Block 2 of Phase I, as shown on the Plat Any motor home located on any such Lot ( whether or not occupied) for more than four months is required to be removed from the subdivision or parked unoccupied on Lot 6, Block 1, Phase I (or such other location as may be designated by the Committee) for not less than thirty days between each such occurrence.
[The following paragraph is totally replaced by the third Amendment. The main change is highlighted below. To read the change, click GO.]Short term, continuous occupancy of a motor home, not to exceed 30 days in one stay, will, be allowed on the remainder of the subdivision, subject to approval by the Committee as to location; provided however, the Committee may not allow such location in close proximity to any residential structure being used as a primary residence (as opposed to weekend or resort use). At the earlier of (A) cessation of continuous occupancy by Owner or Owner’s guest or (B) at the expiration of 30 days, the motor home must be removed from the Lot and either 1) parked unoccupied on Lot 6, Block 1, Phase I (or such other location as may be designated by the Committee) or,2) removed from the subdivision.
As used herein, “motor home is defined to include the following:
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(1) a motor vehicle which is designed to provide temporary living quarters and which is built onto as an integral part of, or is permanently attached to, a motor vehicle chassis and otherwise satisfies the requirements or definition of a “motor home” under the Motor Vehicle Commission Code of the State of Texas, Art. 4413(36), as the same may be amended;
(2) recreational travel trailers designed to be towed by an ordinary motor vehicle; and
(3) camper trailers (including “pop-ups”).
“Motor home” does not include a mobile home or manufactured home, and no mobile home or manufactured home may be permitted on the Property.
C. Storage Buildings. Storage buildings, as approved by the Committee, may be constructed prior to construction of the primary residence. 
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Section 3: Limited Commercial Uses: The limited commercial uses of orchards, vegetable, herb, or flower farms, hay farms, small cottage industries, and the raising of ratites, poultry or livestock (as limited hereby) are permitted on any Lot(s) containing not less than two (2) contiguous acres of land as long as such activity is in conjunction with residential use and does not attribute to the Lot(s) any appearance of a commercial or non­residential use and no sign other than a name sign not to exceed three (3) square feet in size is displayed.
As used herein, “ratites” means emus, rheas and ostriches; “poultry” means domestic f owl; and “livestock” means cattle, horses, sheep and goats. Hogs and swine are not permitted and are not included in the definition of “livestock”.
Permitted livestock shall be limited to one (1) animal unit for each two (2) acres of land.
All ratites, poultry and permitted livestock shall be confined within fences, pens or buildings suitable for the particular species and not allowed to run loose.
Further, Lot 6-A, Block 1, of Phase I, may be used for a water works plant and facility and for storage of related equipment.
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Section 4: Non-Owner Occupancy of Residence: When a Lot is used as a primary residence by persons other than the Owner thereof, the Owner shall deliver to such occupants a complete copy of this Declaration.
Section 5: Architectural Control: The Architectural Control Committee (“Committee”) is hereby created and shall consist of three (3) persons subject to appointment and removal by Declarant until such time as Declarant has sold 80% of the Lots in the subdivision, as shown on the Plat; and thereafter appointment and removal of the three (3) persons shall be by the Board of Directors of the Association. Declarant reserves the right to delegate the power of appointment and removal to the Board of Directors at such earlier time as Declarant deems advisable. Neither the Declarant nor the Association nor the Committee nor the individual members thereof shall be liable for any act or omission in performing or purporting to perform the functions delegated hereunder. All actions of and by the Committee shall be by a majority vote of the Committee?s members; provided, however, that the three (3) Committee members may appoint one of the members to act on behalf of the Committee as to all matters other than variances permitted by this Declaration.
No buildings, walls, hedges, fences 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 or Common Area 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 Committee, as to size, roof pitch, exterior type and quality of material, harmony of external design, materials and color scheme with existing and proposed structures and as to location with respect to topography and finish grade elevation and otherwise as to compliance with this Declaration. As to color scheme, colors shall be “earth tone” or comparable colors approved by the Committee. Any portion of the exterior of an improvement that is other than brick or stone shall be stained or painted. All dwelling structures must be built on site and all metal exterior materials shall be galvalume or better grade and durability. [this has been changed by Amendment 1-- to read the change click GO] The exterior of any approved structure shall be completed within six (6) months after the date in which construction begins or material placed on the building site, which ever occurs first. The approval of any construction that is not commenced within six (6) months after approval by the Committee shall be void.
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Further, except to the extent otherwise permitted by this Declaration, no motor home shall be placed on any lot unless and until approved by the Committee as to location, as provided elsewhere in this Declaration. 
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In the event the Committee fails to indicate its approval or disapproval within thirty (30) days after the receipt of the required documents, approval will not be required and the related covenants set out herein shall be deemed to have been fully satisfied. The approval or lack of disapproval by the Committee shall not be deemed to Constitute any warranty or representation by such Committee including, with limitation, any warranty or representation relating to fitness, design or adequacy of the proposed construction or compliance with applicable statutes, codes and regulations.
Notwithstanding anything to the contrary herein contained, a majority of the Committee is hereby authorized and empowered, at its sole and absolute discretion, to make and permit reasonable modifications of and deviations from any of the requirements of this Declaration relating to the type, kind, quantity or quality of the building materials to be used in the construction of any building or improvement on any Lot and of the size and location of any such building or improvement when, in the sole and final judgment and opinion of a majority of the Committee, such modifications and deviations in such improvements will be in harmony with existing structures and will not materially detract from the aesthetic appearance of the Property and its improvements as a whole.
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The Committee may require the submission to it of such documents and items (including as examples, but without limitation, written request for and description of the variances requested, plans, specifications, plot plans and samples of materials) as it shall deem appropriate in connection with its consideration of a request for a variance. If a majority of the Committee shall approve such request for a variance, the Committee shall evidence such approval, and grant its permission for such variance. only by written instrument, addressed to the Owner of the Lot(s) relative to which such variance has been requested, describing the applicable restrictive covenant(s) and the particular variance requested, expressing the decision of the Committee to permit the variance, describing (when applicable) the conditions on which the variance has been approved (including as examples, but without limitation, the time limitation of such approved variance, if any, the type of alternate materials to be permitted, or specifying the location, plans and specifications applicable to an approved outbuilding), and signed by a majority of the then members of the Committee. Any request for a variance shall be deemed to have been disapproved for the purposes hereof in the event of either (a) written notice of disapproval from the Committee; or (b) failure by the Committee to respond to the request for a variance. In the event the Committee or any successor to the authority thereof shall not then be functioning and/or the term of the Committee shall have expired, no variances from the covenants of this Declaration shall be permitted, it being the intention of Declarant that no variances be available except at the discretion of the Committee.
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Section 6: Minimum Square Footage Within Residential Improvements: The living area of the main residence structure (exclusive of porches, garages and servant’s quarters) shall not be less than (A) one thousand two hundred (1,200 square feet for Lots 1 through 23, Block Seven (7), in Phase II of the subdivision, as shown on the Plat, and (B) five hundred square feet for Lots 2, 3, 4, 5, 7, 8, 9 and 10, Block One (1), and Lots 1, 2, 3, 4, and 5, Block Two (2) in Phase I of the subdivision, as shown on the Plat and (c) eight hundred (800 square feet for the remainder of the subdivision. The above restrictions shall not apply to motor homes approved by the Committee and used for temporary occupancy, as permitted and provided elsewhere in this Declaration. 
Section 7: Location of Improvements Upon the Lot: Front yard setbacks for buildings and other improvements shall be not less than twenty-five (25) feet from the street right-of-way line; and side yard and rear yard setbacks shall not be less than fifteen (15) feet from the side property lines; provided that no structure intended to house any ratites, poultry or livestock shall be closer than fifty (50) feet to any dwelling or to any rear or side Lot line. Further, no improvements (including fencing, shrubbery, landscaping or other improvements) shall be placed on any area designated on the Plat (or any replat) as “Hike and Bike Trail Common Area” that obstructs the common access and use of said areas. [see also D II, 15 ]
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As used herein, “front yard” shall mean and refer to that part of each Lot from the adjacent street right-of-way line to the front building setback line; and on corner Lots, the front yard shall be all that area on both adjacent street rights-of-way to the building setback line of each such Lot.
Section 8: Adjoining Lots and Resubdivision:
A. Composite Building Site. Any Owner of one or more adjoining Lots or portions thereof may consolidate such Lots or portions into one building site, with the privilege of placing or constructing improvements on such site, in which case side setback lines and utility easements as provided in this Declaration shall be measured from the resulting side property lines rather than from the Lot lines shown on the recorded Plat. Any such proposed composite building site(s) must be approved in writing by the Committee. 
B. Resubdivision or Replat. A Lot may be resubdivided provided each of the resubdivided Lots either (1) contains not less than one (1) acre of land and has street frontage of not less than one hundred (100) feet, or (2) is joined with an existing adjacent Lot to create a new Lot.
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Section 9: Easements. Easements for utilities are as shown and provided for on the Plat and no structure of any kind shall be erected upon any of said easements. Neither the Association, nor any utility company using the easements, shall be liable for any damage done by either of them or their assigns, their agents, employees or servants to shrubbery, trees, flowers or improvements of the Owner located on the land within or affected by said easements.
A blanket easement is hereby created on all Lots and the Common Area for ingress and egress, installation, repair, construction, replacement and maintenance of all utilities, including but not limited to, water, telephone and electricity. In the event that any utility company or other entity or person furnishing a service covered by the general easement herein provided requests a specific easement on the Property by separate recordable instrument, the Association shall have the right to grant such easement on said Property without conflicting with the terms hereof, provided that the granting of any such easement does not adversely affect any mortgage theretofore given to secure either a purchase money or improvement loan on any Lot affected by such easement.
Without limiting the foregoing, a blanket easement is hereby created in favor of the Declarant and its assigns over the Property (including the private streets comprising a part of the Common Areas) for access through the Property and for the inspection, maintenance, repair, replacement, construction, reconstruction and operation of the water storage and water distribution lines and system within the Property, the title to which water storage system and water distribution system is to be conveyed to the Water Company by Declarant.
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Section 10: Prohibition of Trade and Offensive Activities:
Except as provided in Article II, Section 3 above, no Lot or any improvement(s) thereon shall be used for any commercial purpose, except that nothing herein shall be construed to prevent an Owner or tenant of an Owner from rendering professional services of a purely personal nature as long as services do not attribute to the Lot any appearance of a commercial or non-residential use and no sign of any nature is displayed.
Section 11: Use of Temporary Structures: Except for motor homes on a temporary basis as set forth in Article II, Section 2, no structures of a temporary character, mobile home, camper, 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 not be permitted on any Lot. Notwithstanding anything to the contrary herein contained, temporary structures or trailers may be used by Declarant or its assigns as storage and for sales offices during construction periods. Such structures or trailers shall be sightly and shall be removed immediately after completion of construction and shall be subject to the prior approval of the Committee.
Section 12: Storage of Automobiles, Boats, Trailers and Other
Vehicles: Except only for storage permitted by the Committee within the Common Area which may be designated for such purposes by the Committee, no boat trailer, boats, travel trailers, inoperative automobiles, campers, motor homes or vehicles of any kind shall be semi-permanently or permanently stored on the Common Area, Common Area streets or within any building setback lines. Storage of such items and vehicles must be screened from public view, within the garage or such other such area as may be from time to time designated and approved by the Committee. All such storage in an area designated by the committee shall meet all conditions of storage as approved by the Committee.
Section 13: Mineral Operation; No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot or Common Area, nor shall any tanks, tunnels, mineral excavation, or shafts be permitted upon or in any Lot or Common Area. No derrick or other structures designated for the use of boring for oil or natural gas shall be erected, maintained, or permitted upon any Lot or Common Area.
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Section 14: Animal Husbandry: Except as permitted in Article II
above, no animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot; provided 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. All pets shall be on leash(es) at all times except when they are confined within the premises on the Lot of the Owner.
Section 15: Walls. Fences and Hedges: No wall, fence or hedge shall be erected or maintained within the front yard setback line of a Lot or that obstructs access to any Hike and Bike Trail Common Area. No side, or rear fence, wall or hedge shall be more than seven feet (7') in height. Any wall, fence or hedge erected on a Lot shall pass ownership with title to the Lot and it shall be Owner?s responsibility to maintain said wall, fence or hedge thereafter. No walls fences and/or hedges shall be erected or maintained on any Lot within the Property without the prior written consent of the Committee.
Section 16: Storage of Materials; Accumulation of Trash, Etc.: Owners shall in no event use any Lot for storage of material and equipment except for normal residential or permitted commercial requirements or incident to construction of improvements thereon as herein permitted. No garbage or trash shall be placed or kept on any Lot or Common Area except in covered containers of a type, sizeand style approved by the Committee. The accumulation of garbage, trash or rubbish of any kind or the burning 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, the Association or its assigns may, without being under any duty to so do or liability, in trespass or otherwise, for so doing, enter upon said Lot, 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. The Association may assess the owner or occupant of such Lot for the actual cost of such work including legal fees incurred by the Association in connection with such default and assessment. The Owner or occupant, as the case may be, agrees by the purchas~ or occupation of the Lot to pay such statement immediately upon receipt thereof. In the event any such charge shall remain unpaid for thirty (30) days after written notice thereof, such charge shall be added to and become a Special Assessment on such Lot.
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 for signs as permitted under Article II, Section 3, and except for signs not larger than three (3) square feet advertising a Lot for sale or rent. The Association, or its assigns, shall have the right to remove any such prohibited sign, advertisement, billboard or structure which is placed on said Lots, and in doing so shall not be subject to any liability for trespass or other tort in connection therewith or arising from such removal.
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Notwithstanding anything to the contrary herein contained, Declarant or its assigns may, as long as it owns property in the Subdivision, (A) maintain signs at the Highway 83 entry to the Property and on Lot 1, Block 1, Phase I, and (B) maintain in or upon such portion of the Property as Declarant may determine, offices, storage areas, model units and signs (directional or otherwise) not, larger than three (3) square feet for each such sign face. Declarant also may use, and permit builders (who are at the relevant time constructing and selling residential buildings in the Subdivision) to use residential structures, garages or accessory buildings for sales offices and display purposes but all rights of Declarant and of any builder acting with Declarant?s permission under this sentence shall be operative and in effect only during the construction and sales period.
Section 18: Antenna: Except only for satellite antennae not to exceed eighteen (18) inches in diameter, no antenna or other devise of any type for the transmission or reception of television signals, radio signals or any form of electromagnetic radiation shall be erected, constructed, placed or permitted to remain on any Lot, houses, buildings or structures.[This Section is totally replaced by Amend. 1.—click GO ]
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Section 19: Utility Services; Water service is to be provided to each Lot by way of a water distribution system to be transferred by Declarant to the Water Company as hereinafter provided. The distribution system to the point of connection at the meter of each user shall be the property of and shall be operated and maintained by the Water Company. That portion of the distribution system from the meter to the Owner’s property shall be owned and maintained by the Owner. Water service to each Lot shall be limited to service from the Water Company’s central water distribution system and shall not be serviced by any private water wells, or other water system.
However, any Lot containing 2.75 acres or more may have a private water well solely for irrigation and watering of ratites, poultry or livestock Residential water use is limited to service from the Water Company’s system. The drilling of private water than wells is prohibited on Lots containing less 2.75 acres. Private water wells shall not be cross-connected to the water lines served by the Water Company’s distribution system.
[ An additional paragraph requiring prior approval by the Committee was added by Amendment 1 – to read it click GO ]
Sanitary sewer service shall be by separate septic facilities owned and maintained by the Owner in compliance with a1l applicable laws, rules and regulations.
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Section 20: Maintenance: The Owners shall be responsible for the maintenance of the exterior of all buildings, homes and appurtenant structures at a standard in keeping with the level of such maintenance exhibited by a majority of the improvements on the Property, and such Owners shall be responsible for maintenance and repairs to roofs, glass in windows and doors, and for all structural matters, as well as plumbing, electrical equipment, foundation maintenance and repairs, landscaping, all improvements on Owner?s Lot and the driveways extending from Owner?s Lot to the street, and the regular mowing of grass and weeds and removal of flood debris. In the event of default on the part of the Owner or occupant or any Lot in observing the above requirements or any of them, such default continuing after thirty (30) days? written notice thereof, the Association or its assigns may, without being under any duty to so do or liability in trespass or otherwise, for so doing, enter upon said Lot and the driveways extending from Owner?s Lot to the street, and perform such maintenance, repairs and landscaping or do any other thing necessary to secure compliance with these restrictions as stated in this paragraph. The Association may assess the Owner or occupant of such Lot for the actual cost of such work and legal fees incurred in connection with such default and assessment. The Owner or occupant, as the case may be, agrees by the purchase or occupation of the Lot to pay such statement immediately upon receipt thereof. In the event any such charge shall remain unpaid for thirty (30) days after written notice thereof, such charge shall become a Special Assessment on such Lot.
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Section 21: Care of Yards and Common Area: The Owner shall be responsible for design, maintenance and upkeep of his yard, shrubs and trees. The Association shall be responsible for design, maintenance and upkeep of all Common Areas, including those areas designated on the Plat (or any replat) as “Hike and Bike Trail Common Area”.
Section 22: Clearance of Lots: All Lots upon which there has occurred a fire or other casualty shall be cleared of all damaged improvements within six (6) months of the occurrence of the casualty.
Section 23: Firearms: No Owner shall use or discharge or permit the use or discharge, on or from his Lot or elsewhere on the Property, any pistol,? rifle (including a pellet gun, air rifle or pistol), shotgun or any other firearm, or any bow or arrow, or any other devise capable of killing or injuring or causing property damage.
Section 24: Wildlife Sanctuary: All of the Property is designated as Wildlife Sanctuary. No killing of wildlife or birds by any means shall be permitted.
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Section 25: No Excavation: No excavation shall occur on any Lot or Common Area for removal of soil, rock, gravel, or other substance of any kind except as necessary for construction of improvements and construction and maintenance of road and utility services as permitted by this Declaration.
Section 26: No Engines: No gasoline or other internal combustion engines are permitted to operate on any part of the river or other waterways within or adjacent to the boundaries of the Property.
Section 27: Ponding: No modification of the existing topography of a Lot (whether by fill, placement of improvements, grading, beams or other method or means) shall be permitted that would result in the ponding or accumulation of surface drainage water along any street or upon or across any adjoining Lot.
Section 28. Other Activities and Uses: The following activities and uses are prohibited.
(a) Maintenance and repair of any vehicles, boats, motorcycles or trailers, unless performed in an Owner’?s enclosed garage or other enclosed structure.
(b) The storage of trash cans where exposed to public view.
(c) The operation of any four wheeler, all-terrain vehicle, motorcycle or other motorized vehicle (other than electric carts)
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on any of the Bike and Bike Trails Common Area, or on any of the other Common Area other than the private streets in the subdivision.
(d) Operation of any above ground butane, propane or other compressed gas tanks except as an accessory to a motor home, or an accessory to outdoor cooking grills or as camping equipment for temporary use.
(e) Any activity or use or the erection or maintenance of any structure which violates in any way any law, statute, ordinance, regulation or rule of any Federal, State, County or governmental entity.
ARTICLE III
THE OWNERS ASSOCIATION OF RIVERTREE SUBDIVISION
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot or Lots in the Property shall become and remain a member in good standing of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such Lot. Ownership of such Lot shall be the sole qualification for membership. The membership held by any Owner shall not be alienated, transferred to pledged in any way except by the sale or encumbrance of such Lot and, then, only to the purchaser or mortgagee of such Lot.
Section 2. The Association shall have two classes of voting membership:
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Class A. Except as provided under “Class B” below, each Owner as defined in Article I shall be a Class A member. Each Class A member shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any such Lot. Holders of future interests not entitled to present possession (excepting Owners of Lots which are rented or leased to others) shall not be considered as Owners for the purposes of voting hereunder.
Notwithstanding the above, an Owner of two (2) or more adjacent Lots may elect to combine all such Lots into one “Lot” (herein sometimes called a “Combined Lot”) for the purpose of voting rights and assessments under this Declaration. Election shall be made by written request to the Association, with proof of ownership to each adjoining Lot in the name of Owner. Once accepted by the Association, the Combined Lot thereafter shall be limited to one vote and shall be subject only to assessment as if the Combined Lot was only one (1) Lot. Thereafter, should one or
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more Lots comprising such Combined Lot be transferred to another Owner, the status of the transferred Lot(s) and other Lot(s) for voting and assessments thereafter will cease to be a Combined Lot. If a Combined Lot is created, the change in voting rights and assessment obligations to a Combined Lot basis shall not become effective until January 1 of the calendar year following acceptance by the Association.
Class B. The Class B member shall be Declarant. The Class B member shall be entitled to five (5) votes for each Lot in which such member holds the full fee interest, provided that the Class B membership shall cease and convert to Class A membership when Declarant has sold 80% of the Lots, as shown on the Plat (or any replat thereof).
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS AND CHARGES
Section 1. Creation of the Lien and Personal Obligation of Assessments: Each present Owner hereby covenants and agrees (and each subsequent Owner by acceptance of a deed to a Lot, whether or not expressed in such deed, shall be deemed to covenant and agree) to pay the Association: (1) Regular Assessments; (2) Special Assessments pursuant to Article II Sections 15 and 19 hereof; and 3) Special Assessments for capital improvements. Such Assessments shall be established and collected as hereinafter provided. All sums assessed as provided for in this Declaration but unpaid, together with interest, costs of collection and reasonable attorneys? fees, shall be a continuing lien and charge upon the lot against which each such Assessment is made, which shall bind and be a continuing charge upon such Lot. Each such Assessment, together with interest, costs of collection and reasonable attorneys? fees, shall also be the personal obligation and debt of the person who was the Owner of the Lot at the time when the Assessment fell due.
[Amended by Second Amendment by adding an additional paragraph. To read the addition click GO.] 
Section 2: Purpose of Assessments: The Assessments, and all funds derived therefrom, shall be used exclusively for (i) the maintenance, repair and care of the Common Areas (including recreational areas and private streets), and improvements to or on the Common Areas and Lots for which the Association is herein given responsibility; (ii) the furtherance and fulfillment of the purposes of this Declaration and other herein provided responsibilities of the Association; (iii) the promotion of the recreation, health, safety and welfare of the Owners of the properties; and (iv) administrative costs and other costs and expenses of the Association, which costs and expenses may include fidelity insurance for acts of directors, managers, officers and employees of the Association responsible for the handling of Association funds; liability insurance covering the Common Area and all damage and injury caused by the negligence of the Association, its employees and agents; mowing grass, caring for the grounds and
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for any swimming pool, recreational building and equipment that may be placed upon the Common Area; landscaping; garbage pickup; outdoor lighting; security service for the Property; any water and sewer service that may be furnished to, by or through the Association; maintenance and improvement of Hike and Bike Trail Common Area as shown on the Plat (or any replat); discharge of any liens on the Common Area; payment of fees to managing agents, accountants, attorneys and other parties providing professional and/or other services to the Association in connection with the performance of the Association’s duties and responsibilities; and other charges required by this Declaration or other charges that the Association is authorized to incur which the Association shall determine to be necessary or desirable to benefit the Owners, including the establishment and maintenance of a reserve for repair, maintenance, replacement and other charges as specified herein (herein collectively called “Association Expenses”).
All assessments paid to the Association and any other income to the Association for fees for use of any Common Area shall be used only for the purposes herein provided.
Section 3: Regular Assessments: Regular Assessments include both the Monthly Assessment and the Transfer Fee Assessment set forth herein.
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A. Monthly Assessment. Until changed in accordance herewith by the Association, the amount of the Monthly Assessment for all Lots shall be TWENTY AND NO/100 DOLLARS ($20.00) per Lot (including a Combined Lot established under Article III, Section 2) per month; provided that no assessment shall apply to a Lot owned by Declarant until 80% of all Lots have been sold by Declarant.
B. Transfer Fee Assessment. In addition to the above monthly assessments each Owner (exclusive of Declarant) shall pay to the Association a Transfer fee of $50.00 upon conveyance of a Lot or a Combined Lot.
C. Discount. The Association may allow a discount for prepayment of Monthly Assessments under such terms and conditions as may be approved by the Association.
D. Uniform Rate of Assessment. Both Regular and Special Assessments shall be fixed at a uniform rate (on a Lot basis or a Combined Lot basis) and shall commence and be due in accordance with the provisions hereof.
Section 4: Collection of Regular Assessments: The Monthly Assessments shall be payable on the first day of each and every calendar month unless the Association shall by a majority vote determine that the Monthly Assessment shall be payable on a quarterly basis on such dates as the Association shall designate.
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The Regular Assessments (Monthly and Transfer) may be changed by the Board of Directors from time to time.
The Monthly Assessments shall be fixed by the Board of Directors of the Association at an amount calculated to cover in advance the anticipated actual costs of fulfilling the obligations, duties and responsibilities of the Association.
The Association shall be entitled to assess a one-time late fee charge in the amount of ten percent (10%) of the Monthly Assessment on any assessment that is fifteen (15) or more days past due.
In fixing the amount of the Monthly Assessments, the Board of Directors of the Association may, but shall not be required to, add reasonably anticipated depreciation and necessary replacement and repair of capital assets and improvements and may from time to time establish one or more funds or accounts to accumulate amounts deemed necessary therefor.
Section 5: Special Assessments Under Article II: In addition to any Regular Assessments, the Association may levy Special Assessments on a Lot and the Owner thereof pursuant to Sections 15 and 19 of Article II of this Declaration.
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Section 6: Special Assessments for Capital Improvements:
Notwithstanding anything to the contrary herein contained, and in addition to the Regular Assessments authorized above, the Association may levy in .any calendar year one or more Special Assessments applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto.
Special. Assessments not to exceed $100.00 per Lot (or per Combined Lot) per year may be approved. and levied by the Board .of Directors of the Association. Any Special Assessment in excess of $100.00 per Lot (or Combined Lot) per year shall require the assent of two-thirds (2/3rds) of the votes of the members of the Association either in person at a regular or special meeting called for that purpose, or by proxy executed in writing by the member or by his duly authorized attorney-in-fact, as permitted by Article 1396-2.13 of the Texas Non-Profit Corporation Act.
Section 7: Date of Commencement of Regular Assessments: Due Dates: The Monthly Assessments provided for herein shall commence on the date of sale of a Lot from Declarant to another Owner; and as to Lots owned by Declarant, when Declarant has sold 80% of the Lots as shown on the Plat.
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The Association shall fix the amount of the Reg1ar Assessments for the 1996 and subsequent calendar years at least thirty (30) days in advance of each such calendar year. Failure of the Association to meet or to fix the amount of the Regular Assessments as herein provided shall be deemed to constitute a setting of the amounts at the levels fixed for the previous calendar year. Written notice of any change in the Regular Assessments shall be mailed (by U.S. first class mail) to every Owner subject thereto. The Association shall, upon demand, and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid and the amount of any delinquencies. The Association shall not be required to obtain a request for such certificate signed by the Owner but may deliver such certificate to any party who in the Association’s judgment has a legitimate reason for requesting same.
Section 8: Effect of Nonpayment of Assessments: Remedies of the Association: All payments shall be made to the Association at its place of business in Real County, Texas, or at such other place as the Association may direct. Any assessment not paid within fifteen (15) days of its due date shall be subject to a one-time late fee of ten percent (10%) of the past due assessment amount. Any assessment not paid within thirty (30) days after the due date shall bear interest from such thirtieth date until paid at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the assessment, or foreclose the lien against the Lot involved; and interest costs and attorney fees of any such action shall be added to the amount of the assessment. In no event shall the Association be liable to any Owner or other person or entity for failure to inability to enforce or attempt to enforce collection. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or by abandonment of his Lot. Further, the powers and enforcement granted to the Association in this paragraph shall be cumulative of, and shall be in addition to, all other remedies and powers of the Association. [Section 8 is completely replaced in the Second Amendment. To read the change, click GO.]
Section 9: Foreclosure: Upon compliance with the notice provisions set forth herein below, the Association may foreclose the assessment lien against any Lot. Each undersigned Owner, and each subsequent Owner by his acceptance of a deed to a Lot, expressly grants and vests in the Association and its agents the right and power to bring all actions against such Owner personally for the collection of such charges as a debt and to enforce the aforesaid lien, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage or deed of trust lien on real property as provided in Section 51.002 of the Property Code of the State of Texas, and each undersigned Owner (and each subsequent Owner by acceptance of a deed to a Lot) expressly grants to the Association a power of sale in connection with said lien. The lien herein provided for shall be in favor of the Association for the
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benefit of all Owners. The Association acting on behalf of the Owners shall have the power to bid upon an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same and to treat the proceeds of any such lease, mortgage or conveyance in the same manner as assessments hereunder.
Notice of Lien: [This paragraph is replaced by the Second Amendment. To read the change, click GO.] No action shall be brought to foreclose said assessment lien or to proceed under the power of sale herein provided less than thirty (30) days after the date of notice of claim of lien is deposited with the postal authority, certified or registered, postage prepaid, to the Owner of said Lot, and a copy thereof is recorded by the Association in the Office of the County Clerk of Real County. Said notice, of claim must recite a good and sufficient legal description of any such Lot, the record owner or reputed owner thereof, the amount claimed (which may, at the Association’s option, include any late charge and interest on the unpaid assessment as herein provided, plus reasonable attorneys? fees and expenses of collection in connection with the debt secured by said lien), and the name and address of the claimant.
Foreclosure Sale: Any such sale provided for above is to be conducted in accordance with the provisions applicable to the exercise of powers of sale in mortgages and deeds of trust, as set forth in Section 51.002 of the Property Code of the State of Texas, as the same may be amended from time to time, or in any other manner permitted by law. The Association, through duly authorized agents and on behalf of the Owners, shall have the power to bid on the Lot at foreclosure sale and .to acquire and hold, mortgage and convey the same as hereinabove provided.
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Section 10: Subordination of Lien to Mortgages: [This section is replaced by the Second Amendment. To read the change, click GO.]The lien for the Assessments provided for herein shall be superior to all other liens and charges against said Lot except only for tax liens, liens for purchase money and/or development costs and all first deed of trust liens of record (which shall include a deed of trust that secures a debt secured by a first deed of trust lien, including “wraparound” and “all inclusive” financing), which liens for such purposes shall be superior to the assessment liens herein provided with the understanding that assessments subsequent to a foreclosure of such a superior lien shall continue to bind the mortgaged property and be secured by an assessment lien as herein provided. The Association shall have the power to subordinate the assessment lien to any other lien, and to extinguish such lien and the underlying debt, such powers being entirely within the discretion of the Association. Except as otherwise provided herein, no sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien therefor, but such lien shall exist as, and constitute, a separate and distinct charge and lien on each Lot.
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Section 11: Insurance: The Association, or its duly authorized agent, shall have the authority to and shall obtain a broad form public liability policy covering all the Common Area, and all damage or injury caused by the negligence of the Association or any of its employees or agents. Such comprehensive public liability policy shall have coverage of not less than $1,000,000 per occurrence f or personal injury and/or property damage; and also shall contain a clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner. The Association also may obtain and maintain fidelity insurance for the acts of its directors, officers, manager, volunteers and employees responsible for the handling of funds collected by the Association as provided herein, which shall be in an amount not less than one and one—half times the Association?s estimated annual operating expenses and reserves. Premiums for all such insurance shall be common expenses payable out of assessments. All such insurance coverage shall be written the name of the Association as the insured for the benefit of the Owners in accordance with the terms of this Declaration, and the Owners will cooperate with the Association by doing any and all such acts and things as may be necessary to effect such insurance.
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Section 12: Board of Directors: The affairs of the Association shall be managed by the Board of Directors of the Association, as provided in the Bylaws of the Association. The initial Board of Directors of the Association shall be appointed by Declarant; and such initial Board of Directors shall serve until Declarant has sold 80% of the Lots as shown on the Plat, at which time the members of the Association shall elect a new Board of Directors, all as more particularly set forth in the Bylaws of the Association. [see also BL 5, 5.01]
Section 13: Meeting and Voting: The manner of meeting and voting of the Association shall be governed by the Bylaws thereof.
ARTICLE V
WATER SYSTEM
Declarant is in the process of constructing a water system for the Property. After completion, and approval by the TNRCC, Declarant will transfer and assign the water system to the Water Company, including all water storage and water well facilities, and all water distribution lines and systems, including all water storage and water well equipment and related facilities providing water service to the Property. Thereafter, the water storage and distribution system and all income therefrom will be owned by the Water Company.
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ARTICLE VI
GENERAL PROVISIONS
Section 1: Enforcement: The Association, Declarant, the Committee, any Owner, and the Commissioners Court of Real County, shall have the right but not the obligation to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2: Severability: Invalidation of any one or more of these covenants or restrictions by judgment or court order shall not affect any other provisions, which shall remain in full force and effect.
Section 3: Members Easement of Enjoyment: Every member of the Association shall have a right and easement of enjoyment in and to any Common Area which shall be appurtenance to and shall pass with the title to every Lot. All such rights and easements shall be subject to the following provisions:
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(a) The automatic suspension of voting rights of an Owner for any period during which any assessment against his Lot remains unpaid.
(b) The right of the Association to suspend the right to use any recreational facility or Common Area by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for each infraction of its published rules and regulations which rules and regulations may be adopted by resolution of the Association from time to time.
(c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members as herein provided. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3rds) of the members agreeing to such dedication or transfer has been filed of record in the Real Property Records of Real County, Texas, and unless written notice of the proposed action is sent to every member not less than ten (10) days nor more than fifty (50) days in advance of any action taken.
(d) The right of the Association to make rules and regulations concerning the use by members of the Common Area, all on such terms as the Board of Directors of the Association may determine, including without limitation the right of the Association to institute regulations and rules with respect to construction of any storage facilities.
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(e) The right of the Association to collect and disburse funds as set forth in Article IV.
(f) The right of the Association to borrow money as necessary or desirable to perform its functions hereunder, and to mortgage and/or pledge the Common Area and improvements thereon, accounts receivable and assessment liens as security for such loans upon the approval thereof by members entitled to cast two-thirds (2/3rds) of the votes of the Association; provided, however, that the rights of any such mortgagee in said properties shall be subordinate to the rights of the Owners hereunder.
(g) The right (but not the obligation) of the Association to adopt, implement and maintain for the Property a private security system, a garbage collection system and an exterior lighting system for all private streets, consistent with applicable laws.
(h) The right of the Association to establish rules and regulations governing traffic and parking on the private streets and parking areas within the Common Area, and to establish sanctions for any violation or violations of such rules and regulations.
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(i) The right of the Association to regulate noise within the Property, including, without limitation, the right of the Association to require mufflers on engines or to prohibit the use of devices producing excessive noise.
(j) The right of the Association to control the visual attractiveness of the Property.
Section 4: Transfer of Common Area: The Common Area will be conveyed by Deed from the Declarant to the Association.
Section 5: Delegation of Use: Subject to the By-laws of the Association, any owner may delegate his right of enjoyment to the Common Area and facilities only to resident members of his family, the Owner’s guests, and tenants and contract purchasers who reside on the Property.
Section 6: Reimbursement by the Association: In the event that the Declarant bears any cost and expense, on behalf of the Association, incident to and necessary to effectuate the performance and discharge by the Association of its duties, obligations and responsibilities hereunder, then Declarant shall be reimbursed the full amount of the direct expense incurred, upon demand by Declarant after the Association shall have collected sufficient assessments from the Owners with which to reimburse Declarant there for.
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Section 7: Amendment : The covenants and restrictions of this Declaration shall run with and bind the Property, for a term of thirty-five (35) years from the date this Declaration becomes effective, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during e first thirty-five (35) year period by an instrument signed by the Owners of not less than seventy-five percent (75%) of the total votes of each class of membership of them Association. No person shall be charged with notice of or inquiry with respect to any amendment until and unless it has been filed of record in the Real Property Records of County, Texas.
Section 8: Amendment by Declarant: The Declarant shall have and reserves the right at any time and from time to time, without the joinder or consent of any Owner or other person, to amend this Declaration by an instrument in writing duly signed, acknowledged and filed of record, for the purpose of correcting any typographical or grammatical error or ambiguity or inconsistency appearing in this Declaration, provided that any such amendment shall be consistent with and in furtherance of the plan and scheme of development as evidenced by this Declaration and shall not impair or affect the vested property or other rights of any Owner or his mortgagee.
Section 9: Annexation: Additional property and Common Area may be annexed to the Property with the consent of two-thirds (2/3rds) of the total votes of each class of membership of the Association.
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Section 10: Interpretation: If this Declaration or any word, clause, sentence, paragraph or other part thereof shall be susceptible of more than one or conflicting interpretations, then the interpretation which is not nearly in accordance with the general purposes and objectives of this Declaration shall govern. [This was obviously a mistake and was changed by Amendment 1. To read the change, click GO ]
Section 11: Omissions: If any punctuation, word, clause, sentence of provision necessary to give meaning, validity or effect to any other word, clause, sentence or provision appearing in this Declaration shall be omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference.
Section 12: Validity: If any one or more of the provisions of this Declaration are declared unenforceable in whole or in part, the remainder this Declaration shall not be affected thereby and shall remain in full force and effect.
Section 13: Notice of Private Streets: All streets in the Property are private streets and constitute a part of the Common Area owned by the Association. Neither Real County, Texas nor any
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other governmental agency has any responsibility for the repair, improvement or maintenance of said streets. The responsibility for same is upon the Association, as provided hereinabove.
ARTICLE VII
DISPUTE RESOLUTION
In the event there is any dispute by and between two (2) or more Lot Owners, or by and between any Lot Owner and the Declarant, or by and between any Lot Owner and the Association, or by and any Lot Owner and the Committee, such dispute shall be settled by the specific provisions of these covenants, Conditions and Restrictions; otherwise, any and all such disputes shall be settled by the Association.
Prior to instituting any court proceeding to enforce or interpret this Declaration and as a condition precedent thereto the parties to such dispute must submit the issue to mediation on the following terms and conditions:
(a) Meeting of the Parties. A meeting shall be held promptly between the parties (and in any event within 20 days after the dispute arises) attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute.
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(b) Selection of Mediator. If, within ten (10) days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will jointly appoint a mutually acceptable neutral person not affiliated with either of the parties (the “neutral”). If within such 10-day period the parties do not agree upon the appointment of the neutral, each party will select a neutral and the two selected neutrals will select a third neutral, and all three shall serve as the “neutral” as used herein. The fees of the neutral(s) shall be shared equally by the parties.
(c) ADR In consultation with the neutral, the parties will select or devise an alternative dispute resolution procedure (“ADR”) with which they will attempt to resolve the dispute, and time and place for the ADR to be held, with the neutral(s) making the decision as to the procedure, and/or place and time (but unless circumstances require otherwise, not later than 10 days after selection of the neutrals).
(d) Process. The parties agree to participate in good faith the ADR to its conclusion as designated by the neutral(s). All meetings, ADR mediation conferences and other proceedings shall be in Leakey, Real County, Texas.
This Declaration shall be effective when the same is filed of record in the Real Property Records of Real County, Texas.
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This Declaration supersedes and replaces in its entirety the Original Declaration, as defined in the preamble hereto.
EXECUTED effective as of the _______ ____ day of ___________________,
1996.
THE ESTATES OF RIVER TREE, LTD.
By: