DEED RESTRICTIONS AND COVENANTS
IN THIS SECTION:
Restrictive Covenant Agreement with
the State of
First Amendment to begin the process
Notice to prospective homeowner of deed restriction existence
Deed Restriction Records from
THE STATE OF
KNOW ALL MEN BY THESE PRESENTS that the undersigned; Rob Roy North, Ltd., acting through its General Partner, the owners of that certain tract of land in Travis County, Texas, more particularly described as:
Rob Roy on the
Do hereby impress all of the said property and declare that the covenants and restrictions hereinafter set forth shall run with the property for the purposes of enhancing and protecting the value and desirability of land, and to obtain the approval of all appropriate regulatory authorities. The covenants and restrictions shall benefit and be binding upon subsequent owners and purchasers of any of the said property, their heirs, assigns, successors and personal administrators, to wit:
Section 1. All building foundations on slopes of 15% and over and on fill placed upon such slopes shall utilize design and construction practices certified by a registered professional engineer qualified to practice in this field and such designs shall be placed on file with the City of Austin Engineering Department.
Section 2. For a minimum travel distance of 25 feet from the roadway edge driveway grades may exceed 14% only with specific approval of surface and geometric design proposals by the Director of the Engineering Department or his designee.
Section 3. No fill on any lot shall exceed a maximum of four feet of depth. Except for structural excavation, no cut on any lot shall be greater than four feet.
Section 4. The restrictions of this agreement are derived from the City of Austin, Texas Ordinance No. 800103-P. In the event that said ordinance becomes less restrictive concerning building foundations, building sites and driveways, this covenant shall be amended to follow such less restrictive ordinance, but in the event that such possible ordinance changes become more restrictive the restrictions of this covenant shall remain in effect. This agreement may be modified, amended or terminated only by a majority vote of a quorum of the members of the City Council of the City of Austin, or such other governing body as may succeed the City Council of the City of Austin, and joined by the then owners of 51% of the above described property at the time of such modification, amendment or termination.
Section 5. If any persons, person, corporation or entity of any other character shall violate or attempt to violate the foregoing agreement and covenant, it shall be lawful for the City of Austin, a municipal corporation, its successors and assigns, to prosecute proceedings at law, or in equity, against said persons or entity from violating or attempting to violate such agreement or covenant.
MADE, EXECUTED and delivered on
ROB ROY NORTH, LTD.
John S. Lloyd, General Partner
THE STATE OF
This instrument was acknowledged before me on _______________________, by John S. Lloyd, General Partner, Texas Limited Partnership, on behalf of said partnership.
Public, State of
My commission expires: ______________
(typed or printed name of notary)
ROB ROY ON THE
FIRST AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the Rob Roy on the Lake Subdivision Declaration of Covenants, Conditions and Restrictions (the “Declaration”) was adopted on June 13, 1983, and placed of record in Volume 8121, Page 440, Deed Records of Travis County, Texas; and
WHEREAS, subsequent is the adoption and recording of the aforesaid Declaration, Rob Roy North, Ltd., the “Declarant” under the Declaration, recorded a “Notice of Addition of Land” in Volume 8543, Page 903, of the Deed Records of Travis County; and
WHEREAS, the Declarant has the power under Article 9.02(A) of the Declaration to amend the Declaration and now desires to do so;
Notwithstanding the foregoing, there shall be no interior side lot line set back between Lots Four (4) and Five (5) in Block “C” of this Subdivision.
IN WITNESS WHEREOF, the Declarant has executed this First Amendment to Rob Roy on the Lake Subdivision Declaration of Covenants, Conditions and Restrictions as of this the ______ day of _____________, ______
DECLARANT: ROB ROY NORTH, LTD.
John S. Lloyd
The foregoing instrument was acknowledged before me this the _______day of _____________, ______, by John S. Lloyd, General Partner of Rob Roy North Ltd., a Texas limited partnership, on behalf of said partnership.
Notary Public in and for the
Name Printed or Typed:
NOTICE TO PRO
REGARDING RULES, BYLAWS,, DECLARATION, LIENS,
RESALE CERTIFICATES AND MANAGEMENT
All prospective purchasers of lots in Rob Roy on the Lake according to the Declaration of Covenants, Conditions, and Restrictions filed of recent in Volume 121, Page 440, Real Property Records of Travis County, Texas, as amended, are notified by the Rob Roy on the Lake Owners Association, Inc., as follows:
finalizing the purchase of any lot or home in Rob Roy on the
2. The Declaration and Association rules contain limitations regarding the use of the lots and common areas by owners, tenants, and their families and guests. They contain a lien on your lot for unpaid assessments and other sums. They also contain specific rules regarding pets.
3. It is
recommended that you obtain copies of all of the foregoing instruments and read
them prior to making a final commitment to purchase a lot or home in Rob Roy on
4. At the time of purchase, a lot or home may be subject to a lien for assessments and other sums previously unpaid by the prior owners, including attorneys’ fees, interest and other charges. You are advised to obtain a “resale certificate” or similar document from the association which will verify whether there are any unpaid amounts. The resale certificate may also address such things as the amount of assessments for your lot, association reserves, budgets, pending lawsuits (if any), etc.
5. The name, address, and/or telephone number of the managing agent for the association for purposes of obtaining resale certificates, copies of documents, and information about delinquent sums owed to the association by owners selling their lots will be placed of record, from time to time, in the Real Property Records of Travis County.
Rob Roy on the Lake Association, Inc.
This instrument was
acknowledged before me on _________________,_______,
by ____________________, as ____________________ of Rob Roy on the Lake Owners
Association, Inc., a nonprofit corporation incorporated under the laws of the
After recording, return to: ___________________________________
Mr. Larry Niemann Notary
Public for the State of
Niemann & Niemann, L.L.P. Printed name of notary _________________
NOTICE OF HOMEOWNERS ASSO
Notice is hereby placed of record in the Real Property Records of Travis County, Texas, as follows:
1. Rob Roy on the
Lake Owners Association, Inc. is the lot owners’ association for the property
subject to the Declaration of Covenants, Conditions, and Restrictions for Rob
Roy on the
2. The name and address of the Association for purposes of inquiring about unpaid assessments and other sums due to the Association by lot owners, as well as other information about the association, is as follows:
Rob Roy on the Lake Owners Association, Inc.
3. This notice shall become null and void if a subsequent “Notice of Homeowners Association Address” for the undersigned association is placed of record, naming a new address, managing agent, and/or telephone number.
Rob Roy on the Lake Owners Association, Inc.
This instrument was acknowledged
before me on _____________________, ______, by __________________________, as
_______________________of Rob Roy on the Lake Owners Association, Inc., a corporation
incorporated under the laws of the State of
Public for the State of
Printed Name of Notary __________________
My commission expires __________________
After recording return to:
Mr. Larry Niemann
Niemann & Niemann, L.L.P.
ROB ROY ON THE
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
THAT WHEREAS rob Roy North, Lt., a Texas limited partnership, hereinafter called the Declarant, is the owner of Lots 1-41, Bloc A, and Lots 72-115, Block B, Rob Roy on the Lake, Section One, a subdivision of record in Travis County, Texas, according to the map or plat of record in Book 83, at Pages 112D, 113A, 113B, 113C, 113D, 114A, and 114B, Plat Records of Travis County, Texas, (the “Property”); and
WHEREAS, the Declarant desires to convey the Property subject to certain protective covenants, conditions, restrictions, liens and charges hereinafter set forth; and
WHEREAS, Declarant desires to create and carry out a uniform plan for the improvement, development and sale of the Property for the benefit of the present and future owners of the Property:
Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified:
1.01 Architectural Committee. “Architectural Committee” shall mean the committee created pursuant to these restrictions to review and approve plans for the construction of Improvements upon the Property.
1.02 Architectural Committee Rules. “Architectural Committee Rules” shall mean the rules and regulations adopted by the Architectural Committee, as the same are amended from time to time.
Articles. “Articles” shall mean the
Articles of Incorporation of Rob Roy on the Lake Owners Association, Inc. which
will be filed in the office of the Secretary of State of the State of
1.04 Assessment. “Assessment” or “Assessments” shall mean assessments (s) levied by the Association under the terms and provisions of this Declaration.
Association. “Association” shall man
and refer to Rob Roy on the Lake Owners Association, Inc., a
1.06 Board. “Board” shall mean the Board of Directors of the Association.
1.07 Bylaws. “Bylaws” shall mean the Bylaws of the Association which may be adopted by the Board, and as from time to time amended.
1.08 Declarant. “Declarant” shall mean Rob Roy North, Ltd., its duly authorized representatives or their respective successors or assigns; provided that any assignment of the rights of Rob Roy North, Lt. As Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder.
1.09 Declaration. “Declaration” shall mean this instrument as it may be amended from time to time.
1.10 Improvement. “Improvement” shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to buildings, outbuildings, storage sheds, patios, tennis courts, swimming pools, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
1.12 Member. “Member” or “Members” shall mean any person(s), entity, or entities holding membership rights in the Association.
1.13 Mortgage. “Mortgage” or “Mortgages” shall mean any mortgage(s) or deed(s) of trust covering any portion of the Property given to secure the payment of a debt.
1.14 Mortgagee. “Mortgagee” or “Mortgagees” shall mean the holder or holders of any Mortgage or Mortgages.
1.15 Owner. “Owner” or “Owners” shall mean the person(s), entity or entities including Declarant, holding a fee simple interest in any portion of the Property, but shall not include the Mortgagee of a Mortgage.
1.16 Person. “Person” or “Persons” shall mean any individual, individuals, entity or entities having the legal right to hold title to real property.
1.17 Plans and Specifications. “Plans and Specifications” shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such improvement.
1.18 Plat. “Plat” shall mean the subdivision plat of Rob Roy on the Lake Subdivision of record in Book 83, Pages 112D, 113A, 113B, 113C, 113D, 114A, 114B, Plat Records of Travis County, Texas, as the same may be amended from time to time.
1.19 Rob Roy on the
1.20 Rob Roy on the
1.21 Subdivision. “Subdivision” shall mean the Rob Roy on the
DEVELOPMENT OF THE PROPERTY
2.01 Development by Declarant. Declarant may divide or subdivide the Property into several areas, develop some of the Property, and, at Declarant’s option, sell any portion of the Property free of these restrictions.
2.02 Addition of Land. It is contemplated that Declarant will subdivide certain real property located adjacent to the Property into lots within a subdivision to be known as Rob Roy on the Lake, Section Two. Declarant may, at any time and from time to time, add such property or any other lands to the Property, and upon such addition, this Declaration and the covenants, conditions, restrictions and obligations set forth herein shall apply to the added land, and the rights, privileges, duties and liabilities of the persons subject to this Declaration shall be the same with respect to the added land as with respect to the lands originally covered by this Declaration. In order to add lands to the Property hereunder, Declarant shall be required only to record in the Real Property Records of Travis County, Texas, a notice of addition of land containing the following provisions:
(A) A reference to the Declaration, which reference shall state the book and page numbers of the Travis County Real Property Records wherein this Declaration is recorded;
(B) A statement that the provisions of this Declaration shall apply to the added land; and
(C) A legal description of the added land.
2.03 Withdrawal of Land. Declarant may, at any time and from time to time, reduce or withdraw areas from the Property, and upon such withdrawal, this Declaration and the covenants, conditions, restrictions and obligations set forth herein shall no longer apply to those lands withdrawn. In order to withdraw lands from the Property hereunder, Declarant shall be required only to record in the Real Property Records of Travis County, Texas, a notice of withdrawal of land containing the following provisions:
(A) A reference to this Declaration, which reference shall state the book and page numbers of the Travis County Real Property Records wherein this Declaration is recorded;
(B) A statement that the provision of this Declaration shall no longer apply to the withdrawn land; and
(C) A legal description of the withdrawn land.
All of the Property shall be owned, held, encumbered, leased, used, occupied and enjoyed subject to the following limitations and restrictions:
3.01 Antennae. No exterior radio or television antenna or aerial shall be erected or maintained without the prior written approval of the Architectural Committee.
3.02 Insurance Rates. Nothing shall be done or kept on the Property
which would increase the rate of insurance or cause the cancellation of
insurance on any
3.03 Subdivision. Except as herein provided for Lot 28, Block
A, no Lot shall be further divided or subdivided, nor may any easements or
other interests therein less than the whole be conveyed by the Owner thereof
without the prior written approval of the Architectural Committee; provided,
however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and
convey an easement or other interest less than the whole, all without the
approval of the Architectural Committee.
Notwithstanding any provision herein to the contrary,
3.04 Signs. No sign of any kind shall be displayed to the public view on the Property without the prior written approval of the Architectural Committee except for signs which are part of Declarant’s overall marketing plan for the Property. The Architectural Committee may permit signs of any type advertising a portion of the Property for sale or lease or it may set standards for the same.
3.05 Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property or to its occupants. Refuse, garbage and trash shall be kept at all times in covered containers and such containers shall be kept within enclosed structures or appropriately screened from view.
3.06 Noise. No exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed on any of the Property. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants.
3.07 Construction of Improvements. No Improvements shall hereafter be constructed upon any of the Property without the prior written approval of the Architectural Committee.
3.08 Repair of Buildings. All Improvements upon any of the Property shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner thereof.
3.09 Alteration or Removal of Improvements. Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement, or the removal of any Improvement shall be performed only with the prior written approval of the Architectural Committee.
3.10 Roofing Materials. No reflective roofing materials are permitted on any Improvement.
3.11 Driveway. The Architectural Committee shall have the right to impose limitations on driveway design, including materials, aprons, location and point of contact with dedicated roads, streets or private driveways in the Subdivision.
3.12 Mailbox. The mailbox for each single family residential structure constructed within the Property shall be encased or enclosed in a structure which shall be of the same design and constructed of the same materials as (or of design and materials complimentary to) the exterior of the appurtenant single family residential structure.
3.13 Garbage Containers. The Architectural Committee shall have the right to require each Owner to specify a specific location for trash service and to require each Owner to construct a permanent facility near the mailbox or at such other approved location for the placement of garbage containers for collection purposes. Such permanent structure shall meet the design and material requirements for the mailbox, as referred to above.
3.14 Tanks. The Architectural Committee shall have the
right to approve the location of any tank used or proposed in connection with a
single family residential structure, including tanks for storage of fuel,
water, oil or LPG and including swimming pool filter tanks. No elevated tanks of any kind shall be
erected, placed or permitted on any
3.15 Underground Utility Lines. No utility lines, including, but not limited to, wires or other devices for the communication or transmission of telephone or electric current or power, cable television or any other type of line or wire shall be erected, placed or maintained anywhere in, or upon any portion of the Property unless the same shall be contained in conduit or cables installed and maintained underground or concealed in, under or on buildings or other Improvements as approved in writing by the Architectural Committee; provided, however, that no provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or other Improvements which have been previously approved in writing by the Architectural Committee. The installation method, including, but not limited to, location, type of installation equipment, trenching method and other aspects of installation, for both temporary and permanent utilities shall be subject to review and approval by the Architectural Committee.
3.16 Drainage. There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and approved by the Architectural Committee.
3.17 Hazardous Activities. No activities shall be conducted on the Property and no Improvements constructed on the Property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, no open fires shall be lighted or permitted except within safe and well-designed interior fireplaces, or in contained barbeque units while attended and in use for cooking purposes.
3.18 Temporary Structures. No tent, shack or other temporary building, improvement or structure Shall be placed upon the Property without the prior written approval of the Architectural Committee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for architects, builders and foremen during actual construction may be maintained with the proper approval of Declarant, approval to include the nature, size, duration and location of such structure.
3.19 Mining and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth.
3.20 Unsightly Articles; Vehicles. No article deemed to be unsightly by the
Architectural Committee shall be permitted to remain on any
3.21 Mobile Homes, Travel Trailers
and Recreational Vehicles. No mobile
homes shall be parked or placed on any
3.22 Fences. The construction of fences shall be restricted, and no fence shall be constructed on the Property, nor shall any other Improvement be constructed thereon which would restrict the movement of wildlife without the prior written consent of the Architectural Committee. The Architectural Committee may, in its discretion, prohibit the construction of any proposed fence, or specify the materials of which any proposed fence must be constructed, or require that any proposed fence be screened by vegetation or otherwise so as not to be visible from other portions of the Property.
Animals – Household Pets. No animals, including pigs, hogs, swine,
poultry, fowl, wild animals, horses, cattle, sheep, goats or any other type of
animal not considered to be a domestic household pet within the ordinary
meaning and interpretation of such words may be kept, maintained or cared for
on the Property. No animal shall be
allowed to make an unreasonable amount of noise, or to become a nuisance, and
no domestic pets will be allowed on the Property other than on the
3.24 Maintenance of Lawns and Plantings. Each Owner shall keep all shrubs, trees,
grass and plantings of every kind on such Owner’s
3.25 Construction Activities. Notwithstanding any provision herein to the
contrary, this Declaration shall not be construed so as to unreasonably
interfere with or prevent normal construction activities during the
construction of Improvements by an Owner (including Declarant)
3.26 Compliance with
Provisions of Rob Roy on the
3.27 No Warranty of Enforceability. While Declarant has
no reason to believe that any of the restrictive covenants or other terms and
provisions contained in this Article III or elsewhere in this Declaration are
or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the
present or future validity or enforceability of any such restrictive covenants,
terms or provisions. Any Owner acquiring
4.01 Residential Use. All Lots shall be improved and used solely
for single family residential use inclusive of a garage, fencing and such other
Improvements as are necessary or customarily incident to residential use. No Improvement may be constructed on any
4.02 Building Height. No Improvement greater than thirty-two (32)
feet in height may be constructed on any
Clarification to existing building height rule.
Adopted by the Board and Voted on by the HOA September 2000
This rule implements Section
4.02 of the Rob Roy on the
HEIGHT OF BUILDING is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard rood or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance or the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade.
2. An elevation 10 feet higher than the lowest grade when the sidewalk of ground surface described in Item 1 is more than 10 feet above the lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the building.
4.03 Building Materials: Dwelling Size. All single family dwelling shall be of recognized standard construction quality, and shall be constructed of at least seventy-five percent (75%) masonry or other material specifically approved in writing by the Architectural Committee. All single family dwellings shall contain not less than 2,500 square feet of enclosed living space, exclusive of porches (open or covered), decks, garages and carports; provided, however, that the Architectural Committee may reduce this requirement for particular Lots to not less than 2,000 square feet based upon the quality of construction and design of a proposed Improvement. Any such request for a reduction in the minimum square footage requirement below 2,500 square feet shall be in writing and shall state the specific reasons therefore.
4.04 Construction in Place. All dwelling constructed on the Property
shall be built in place on the
4.05 Set-Back Requirements. No building shall be located or erected
nearer to any
4.06 Rentals. Nothing in this Declaration shall prevent the
rental of any
ROB ROY ON THE
5.01 ORGANIZATION. The Declarant shall, at such time as Declarant deems appropriate, cause the formation and incorporation of the Association. The Association shall be a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers prescribed by low or set forth in its Articles and Bylaws or in this Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
5.02 Membership. Any person or entity upon becoming an Owner shall automatically become a Member of the Association. Membership shall be appurtenant to and shall run with the property interest which qualifies the Owner thereof for membership, and membership may not be severed from, or in any way transferred, pledged, mortgaged, or alienated except together with the title to the said property interest.
5.03 Voting Right. The right to cast votes, and the number of votes which may be cast, for election of members to the Board of Directors of the Association and on all other matters to be voted on by the Members shall be calculated as follows:
Owner (including Declarant) of each
(B) In addition to the votes to which it is entitled by reason by Subparagraph (A) of this Section, for every one vote outstanding in favor of any other persons or entity Declarant shall have four (4) votes until the votes described in Subparagraph (A) of this Section which are owned by persons or entities other than Declarant total, in the aggregate, eighty percent (80%) of the total number of votes. Thereafter Declarant shall have only the votes, if any, to which it is entitled under said Subparagraph (A) of this Section.
Powers and Authority of the Association. The Association shall have the powers of a
Roy on the
(B) Insurance. To obtain and maintain, in effect policies of insurance which, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association functions.
(C) Records. To keep books and records of the Association’s affairs.
(D) Assessments. To levy assessments as provided in Article VII below. An assessment is defined as that sum which must be levied in the manner and against the property set forth in Article VII hereof in order to raise the total amount for which the levy in question is being made.
of Entry and Enforcement. To enter
at any time in an emergency or in a non-emergency, after twenty-four (24) hours
written notice, without being liable to any Owner, upon any Lt and into any
Improvement thereon for the purpose of enforcing the Rob Roy on the Lake
Restrictions or for the purpose of maintaining or repairing any area,
Improvement or other facility to conform to the Rob Roy on the Lake
Restrictions, and the expense incurred by the Association in connection with
the entry upon any Lot and the maintenance and repair work conducted thereon
shall be a personal obligation of the Owner of the Lot entered upon, shall be a
lien upon the Lot entered upon the Improvements thereon, and shall be enforced
in the same manner and to the same extent as provided in Article
(F) Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Association.
5.05 Roadway Maintenance. The Association shall be required to maintain all streets and roadways within the Property which have been completed but not accepted by the appropriate governmental entity for maintenance. In addition the Association shall be authorized to landscape, maintain and repair easements, access easements, rights-of-way, median strips, sidewalks, paths, trails, detention ponds, lakes, and other areas of the Property, as appropriate.
6.01 Membership of Architectural Committee. The Architectural Committee shall consist of not more than three (3) voting members. (“Voting Members”) and such additional nonvoting members serving in an advisory capacity (“Advisory Members”) as the Board deems appropriate. The following person is hereby designated as the initial Voting Member of the Architectural Committee: John S. Lloyd.
6.02 Action by Architectural Committee. Items presented to the Architectural Committee shall be decided by a majority vote of the Voting Members.
6.03 Advisory Members. The Voting Members may from time to time designate Advisory Members.
6.04 Term. Each member of the Architectural Committee shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein.
6.05 Declarant’s Rights of Appointment. Declarant, its successors or assigns shall have the right to appoint and remove all members of the Architectural Committee. Declarant may delegate this right to the Board by written instrument. Thereafter, the Board shall have the right to appoint and remove all members of the Architectural Committee.
6.06 Adoption of Rules. The Architectural Committee may adopt such procedural and Substantive rules, not in conflict with this Declaration, as it may deem necessary or proper for the performance of its duties, including but not limited to a building code, a fire code, a housing code, and other similar codes as it may deem necessary and desirable.
Review of Proposed Construction. Whenever in this Declaration the approval of
the Architectural Committee is required, it shall have the right to consider
all of the Plans and Specifications for the Improvement or proposal in question
and all other facts which, in its sole discretion, are relevant. Except as otherwise specifically provided
herein, prior to the commencement of any construction of any Improvement on the
Property or any portion thereof, the Plans and Specifications therefore shall
be submitted to the Architectural Committee, and construction thereof may not
commence unless and until the Architectural Committee has approved such Plans
and Specifications in writing. The
Architectural Committee shall consider and act upon any and all Plans and
Specifications submitted for its approval pursuant to this Declaration, and
perform such other duties assigned to it by this Declaration or as from time to
time shall be assigned to it by the Board, including the inspection of
construction in progress to assure its conformance with Plans and Specifications
approved by the Architectural Committee.
The Architectural Committee may review Plans and Specifications
submitted for its review and such other information as it deems proper,
including any information it may require relating to the question whether any
proposed Improvement upon a
6.08. Actions of the Architectural Committee. The Architectural Committee may, by resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Architectural Committee. In the absence of such designation, the vote of a majority of all of the members, shall constitute an act of the Architectural Committee.
6.09 No Waiver of Future Approvals. The approval or consent of the Architectural Committee to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the Architectural Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person.
6.10 Work in Progress. The Architectural Committee, at its option, may inspect all work in progress to insure compliance with approved Plans and Specifications.
Architectural Committee Members.
Neither the Architectural Committee, nor any member thereof, nor the Board
nor any member thereof, shall be liable to the Association or to any Owner or
to any other person for any loss, damage or injury arising out of their being
in any way connected with the performance of the Architectural Committee’s or
the Board’s respective duties under this Declaration unless due to the willful
misconduct or bad faith of the Architectural Committee or its member or the
Board or its member, as the case may be.
Neither the Architectural Committee nor the members thereof shall be
liable to any Owner due to the construction of any Improvement within the
Property or the creation thereby of an obstruction to the view from such
Plans and Specifications shall be submitted to the Architectural
Committee in care of John S. Lloyd, 1101 Capital of Texas Highway South,
6.13 Fees. The Architectural Committee shall have the right to require a reasonable submission fee for each set of Plans and Specifications submitted for its review.
Certificate of Compliance. Upon completion of any Improvement approved
by the Architectural Committee and upon written request by the Owner of the
FUNDS AND ASSESSMENTS
Association may from time to time levy Assessments against each
(B) Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose in proportion to the amount of the Assessment year or other period remaining after said date.
unpaid Assessment together with such interest thereon and costs of collection
thereof as hereinafter provided, shall be the personal obligation of the Owner
7.02 Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended
7.03 Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under the Rob Roy on the Lake Restrictions, including but limited to the cost of all roadway and right-of-way maintenance, the cost of enforcing the Rob Roy on the Lake Restrictions, and a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year’s fund. Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time, and from time to time, levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable to the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion.
Special Assessments. In addition to the regular annual
Assessments provided for above, the Board may levy special Assessments whenever
in the Board’s opinion such special Assessments are necessary to enable the
Board to carry out the mandatory functions of the Association under the Rob Roy
Owner’s Personal Obligation for Payment of Assessments. The regular and special Assessments provided
for herein shall be the personal and individual debt of the Owner of the
Assessment Lien and Foreclosure. All sums assessed in the manner provided in
this Article but unpaid, shall, together with interest as provided in Section
7.05 hereof and the cost of collection, including attorney’s fees as herein
provided, thereupon become a continuing lien and charge on the Lot covered by
such Assessment, which shall bind such Lot in the hands of the Owner, and such
Owner’s heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all
other liens and charges against the said
8.01 Reserved Easements. All dedications, limitations, restrictions and reservations shown on the Plat and all grants and dedications of easements, rights-of-way, restrictions and related rights, made by Declarant prior to the Property becoming subject to this Declaration, are incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property. Declarant reserves the right to make changes in and additions to the said easements and rights-of-way for the purpose of most efficiently and economically developing the Property. Further, Declarant reserves the right, without the necessity of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time, rights-of-way and easements for public utility purposes (including, without limitations, gas, water, electricity, telephone and drainage), in favor of any person or entity, along and on either or both sides of any Lot line, which said easement shall have a maximum width of 7.5 feet on each side of such Lot line.
8.02 Installation and Maintenance. There is hereby created an easement upon, across, over and under all of the Property for ingress and egress in connection with installing, replacing, repairing, and maintaining all utilities, including, but not limited to, water, gas, telephones, electricity and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service lines or other utility facilities or appurtenances thereto, on, above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any Improvement. Notwithstanding any provision contained in this section, no electrical lines, water lines or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Committee. The utility companies furnishing service shall have the right to remove all trees situated within the utility easements shown on the Plat, and to trim overhanging trees and shrubs located on portions of the Property abutting such easements.
8.03 Drainage Easements. Each Owner covenants to provide easements for drainage and water flow, as contours of land and the arrangement of Improvements approved by the Architectural Committee thereon, require. Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Declaration and shown on the Plat. There shall be no construction of Improvements, temporary or permanent in any drainage easement, except as approved in writing by the Architectural Committee.
8.04 Surface Areas. The surface of easement areas for underground utility services may be used for planting of shrubbery, trees, lawns or flowers. However, neither the Declarant nor any supplier of any utility service using any easement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants or assigns, to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation or repair of any facility in any such easement area.
Term. This Declaration,
including all of the covenants, conditions, and restrictions hereof, shall run
(A) By Declarant. This Declaration may be amended by the Declarant so long as Declarant holds a majority of the votes of the Association. No amendment by Declarant shall be effective until there has been recorded in the deed records of Travis County, Texas, an instrument executed and acknowledged by Declarant and setting forth the amendment, and an instrument executed and acknowledged it by the President and Secretary of the Board certifying that the Declarant had the requisite number of votes.
(B) By Owners. In addition to the method in Section 9.02 (A) this Declaration may be amended by the recording in the Travis County deed records of an instrument executed and acknowledged by the President and Secretary of the Association, setting forth the amendment and certifying that such amendment has been approved by Owners entitled to cast at least eighty percent (80%) of the number of votes entitled to be cast pursuant to Section 5.03 hereof.
9.03 Notices. Any notice permitted or required to be given by this Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person to the Association for the purpose of service of notices. Such address may be changed from time to time by notice in writing given by such person to the Association.
9.04 Interpretation. The provisions of this Declaration shall beliberally construed to effectuate the purposes of
creating a uniform plan for the development and operation of the Property and
of promoting and effectuating the fundamental concepts of the Property set
forth in this Declaration. This
Declaration shall be construed and governed under the laws of the State of
9.05 Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary, neither Declarant nor any of Declarant’s activities shall in any way be subject to the control of or under the jurisdiction of the Architectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to excavate and grade, to construct and alter drainage patterns and facilities, to construct any and all other types of improvements, sales and leasing offices and similar facilities, and to post signs incidental to construction, sales and leasing anywhere within the Property.
9.06 Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights and duties under this Declaration to any other person or entity and may permit the participation, in whole or in part, by any other person or entity in any of its privileges, exemptions, rights and duties hereunder.
9.07 Enforcement and Nonwaiver.
of Enforcement. Except
as otherwise provided herein, any Owner at his own Expense, Declarant,
and/or the Board shall have the right to enforce all of the provisions of The Rob
Roy on the
Nonwaiver. The failure to enforce any provision of the
Rob Roy on the
Liens. The Association shall have the right, when
appropriate in its judgment, to claim or impose a lien upon any
Severable. The provisions of the Rob
Roy on the
(B) Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter.
(C) Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sections or articles hereof.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of this the ______ day of ______________, _______.
Declarant: ROB ROY NORTH, LTD.
John S. Lloyd, General Partner