ROB ROY ON THE LAKE RULES AND REGULATIONS

The following are Rules and Regulations adopted by the Board of Directors of Rob Roy on the Lake Homeowners Association pursuant to the powers granted it in Sections 1.20 and 5.04A of the Rob Roy on the Lake Subdivision Declaration of Covenants, Conditions, and Restrictions. 

It is suggested that you carefully read your copy of these rules prior to beginning any improvements on your lot.  The rules address problems, which arise most frequently in our community.  These rules are in addition or clarification of the restrictions contained in the declaration.  The source of the rule is in parenthesis at the end of each rule. 

1.     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 by screened by vegetation or otherwise, so as not to be visible from other portions of the Property. (declaration 3.22)   

FENCING GUIDELINES  Amendment (9-2--94)

The Architectural Review Committee reserves the right to modify the general guidelines at any time.  The General Fencing Guidelines are as follows:  

 

The allowed fenced area shall be 2,000 sq. ft. per ¼ acre of lot size, up to a maximum of 8,000 square feet.

 

 

Fences may be constructed to the side and back of the house only.

 

 

No property line fences will be allowed.  Fencing must be at least 3’ inside of the property line and may run no more than 100’ along any property line.

 

 

Temporary landscape protection fencing may be employed for a maximum of one year.

 

 

Fencing materials may be as follows:

-          When visible from the street, assuming adjacent lots have been improved with a home, either iron or evergreen camouflaged cedar are acceptable.    Electric fences are allowed only on the side of the house, in back of the house, or greater than 100 feet from the street.  

Current Fence Rules

Changes Approved in March 2007

Fences are not to be constructed on the property without prior written consent from the Architectural Committee. A

No changes.

No Application Fee if project is approved by ACC prior to commencement of construction. Otherwise, late fee of $100.  No Construction Deposit shall be required. B

No changes.

1)  The allowed fenced area shall be 2,000 sq. ft. per ¼ acre of lot size, up to a maximum of 8,000 square feet. C

1)  Actively used areas may be enclosed with a fence.  Examples of actively used areas are lawns, gardens, or dog runs. 

2)  Fences may be constructed to the side and back of the house only.

2)  No changes

3)  No property line fences will be allowed.  Fencing must be at least 3’ inside of the property line and may run no more than 100’ along any property line.

3)  Remove the 3’ setback rule and the 100’ run rule.  Add survey requirement for property line fences.

4)  Temporary landscape protection fencing may be employed for a maximum of one year.

4)  No changes

5)  Fencing materials may be as follows:

-         When visible from the street, assuming adjacent lots have been improved with a home, either iron or evergreen camouflaged cedar are acceptable.   

-          Electric fences are allowed only on the side of the house, in back of the house, or greater than 100 feet from the street.  

5)  No changes

 

Reasons for changes:

1) The maximum of 8000 sq. feet is too small, and results in unnatural fence placement.  For example, property along the water might have to put a fence between the house and water to keep from enclosing more the 8000 sq. feet.  The phrase “actively used” is to prevent property line fences that enclose acres of undeveloped land.

3)  The 3-foot setback rule creates an area outside of the fence that is hard to maintain, and might result in unintended title issues.  If the maximum allowed area is increased, the 100’ run rule no longer makes sense.

 

Footnotes:

A – From letter clarifying existing Deed Restrictions dated July 2000.

B – From ACC resolution dated May 2005.

C – Items 1-5 are from Rob Roy on the Lake Rules and Regulations.

2.     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 a reasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the property other than on the lot of its owner unless confined to a leash.  No animal may be stabled, maintained, kept, cared for or boarded for hire or remuneration on the property and no kennels or breeding operation will be allowed.  No animal (other than cats) shall be allowed to run at large, and all animals shall be kept within enclosed areas which must be kept clean, sanitary and reasonably free of refuse, insects and waste at all times.  Such enclosed areas shall be fenced to adequately contain such animals.  Fencing shall conform to Rule 1 above.  Invisible fencing is recommended as a means of containing the animal.  (declaration 3.23) 

3.     Mobile Homes, Travel Trailers and Recreational Vehicles.     No mobile homes shall be parked or placed on any Lot at any time, and no travel trailers or recreational vehicles shall be parked on or near any Lot so as to be visible from adjoining property or public or private thoroughfares for more than 48 hours.  (declaration 3.21) 

4.     Unsightly Articles, Vehicles.     Trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor scooters and garden maintenance equipment shall be kept at all times, except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be done, except for emergency repairs, except in enclosed garage.  (declaration 3.20) 

5.     Rubbish and Debris.     No rubbish or debris of any kind shall be placed or permitted to accumulate on the property.  (declaration 3.05) 

6.     Lawns and Plantings.     Each Lot Owner shall keep all shrubs, trees, grass and plantings of every kind on such Owner’s Lot cultivated, pruned, free of trash, and other unsightly material.  While it is suggested that all lots be landscaped in as natural a manner as possible, for those electing the manicured style of lawn, they will need to maintain it in keeping with the nature of the subdivision.  Lawns must have (1) a permanent type of year-round groundcover (such as jasmine or English ivy) or (2) a permanent type of year-round grass (such as St. Augustine, Bermuda, or Buffalo grass).  Seasonal grasses such as rye grass may be used only in conjunction with permanent grasses on the lawn.  The Association and the Architectural Committee shall have the right at any reasonable time to enter upon any Lot to replace, maintain and cultivate shrubs, trees, grass or other plantings; located thereon, to charge the cost thereof to the Owner of the Lot.  (declaration 3.24 and 5.04E and new rule) 

7.     Antennas.  No exterior radio or television antenna is allowed without prior written approval of the Board.  (declaration 3.01) 

8.     Procedures for Enforcing the Declaration. 

A.     Complaint or other Notice to Homeowners Association.  If the Homeowners Association becomes aware of a violation of the declaration or these rules, whether by (i) complaint from a homeowner, or (ii) through its members of the Board or its own investigations or monitoring of compliance with the declaration (including any information received from public authorities or security personnel), the Association (or any member thereof) shall investigate the apparent or alleged violation to the extent practicable, including discussing such violation with the person(s) responsible for the violation, to determine whether a violation has occurred.  All decisions of the Architectural Committee are final and conclusive.  (declaration 6.07 and new rule) 

        B. Notice.     No proceeding (including the actions authorized under 
            these rules) requiring notice for           The enforcement of the
            provisions of the Declaration (except where damage or injury to persons is
            Imminent or where animals are involved) shall be commenced until 10 days
            prior written notice of The wrongful or defective performance, or failure
             to perform, is given to the person responsible for such performance and
             such violation of the Declaration is not cured within such time.  Such
             notice shall be deemed to be given if deposited in the U.S. Mail, to the
             person responsible for such violation, and said 10-day period shall
             commence on the third day following date of posting thereof. 
            (declaration 9.03) 

C.   Remedies.     In the event that a violation of the Declaration is not cured within such 10 day period, the Board shall be authorized to take the following actions:  (i) enforce the terms of the Declaration by proceeding, at law or in equity, for the damages or for injunctive or both;  (ii) take such actions as are authorized by these rules to remedy violations of the Declaration, including fines; (iii) enforce by lien and foreclosure any failure by a Lot Owner to pay monies charged or levied under the Declaration and these rules authorized by the Declaration .   (declaration 9.07 new rule) 

D.  Costs of Performance.     Any costs or expenses incurred in performing any obligation or responsibility of any person under the Declaration, including costs incurred by the Association in following the procedures outlined in these rules, shall be borne by the person charged with such performance or responsibility.  (declaration 7.06) 

9.     Pet Violations. 

A.   Restrictions.     No animal permitted to be kept in the Subdivision (other than cats), shall be allowed to run at large in the Subdivision unless confined to a leash.  (declaration 3.23) 

B.   Repeat Violation.     In the event that a Lot Owner allows a household pet to run at large in the Subdivision in violation of the Declaration, and notice is given in accordance with Rule 8 above, any such violation after the end of the 10-day period shall be deemed to be a continuing violation not requiring further notice prior to invoking the procedures set forth below.  For purposes of pet violations, notice will be considered to have been sent when the newsletter following the annual meeting is mailed.  The Board may work with new members in order to afford them ample opportunity to comply with the Pet Rules without undue hardship.  (new rule) 

C.   Fines.     The Board of Directors of the Association shall be authorized to levy a fine of up to $250.00 for each violation of the pet restrictions in the Declaration or Rules which occurs after notice and the running of the 10-day cure period described in Section B above.  (new rule) 

D.   Removal of Pets.     The Association, any member, Board of Director, etc., shall be authorized, after notice and the running of the 10-day cure period described in Section B above, to have any household pet (other than cats) that is running at large removed from the Subdivision at the expense of such pet’s owner, and held in a pound or other facility at the expense of such pet’s owner.  The Pound requires that you keep such animal confined or on a leash until the authorities arrive to pick it up.  The Association shall have no responsibility or liability for the safety or well-being of such pet.  The amount of such removal costs shall be the responsibility of the Lot Owner under the Declaration and shall be immediately due and payable to the Pound for facility which has removed such pet.  The Association may give but is not required to give the owner notification of such removal.  (new rule) 

      The Sheriff’s Office for Travis County (473-9285) will dispatch an Animal Control Officer if the dog which has been running at large has been captured.  (new rule) 

E.   Reporting and Detaining an Animal.     If you see an animal running at large, take a picture of it clearly showing that it is not confined to the owner’s property, is not on a leash, or is not otherwise under control.  Try to identify the animal’s owner.  Submit that picture (and animal ownership information, if known) to any Member of the Board and they will notify the animal’s owner of the fine.  (new rule) 

10.   Miscellaneous 

A.  Nuisances.     No activity shall be conducted on the property which in the judgment of the Board of Directors might reasonably be considered as annoying to neighbors of ordinary sensibilities, or might be reasonably calculated to reduce the desirability of the property as a residential neighborhood.  (new rule) 

B.   Towing.     A Lot Owner is liable for all costs of towing illegally parked vehicles of the unit owner, his family, guests or tenants.  Towing of any illegally parked vehicles will be done strictly in accordance with state statutory procedures.  (new rule) 

C.   Late Charges.     The charge for late payment of monies to the Association shall be a one-time $25 charge to cover the administrative costs, hassle, and overhead of collection (excluding attorney fees).  (new rule) 

D.  Interest.     Interest shall run on unpaid sums due the Association at the rate of 18% per year compounded annually.  (new rule) 

E.   Hot Checks.     The charge for a returned check is $50 plus bank charges incurred by the Association.  (new rule) 

F.   Attorney’s Fees.     The Board may recover from any unit owner attorney’s fees incurred by the Association in collecting monies, preparing or recording lien notices, foreclosing liens, prosecuting lawsuits and otherwise enforcing the declaration, bylaws, rules or other laws against an owner and the owner’s family or guests and the owner’s tenants and their family or guests.  (new rule) 

G.  Keyless Deadbolts and Other Security Devices.     All Lot Owners are requested (but not required) to install a keyless deadbolt on each entry door.  Keyless deadbolts are installed inside a door just like a regular, key-operated deadbolt; but a keyless deadbolt has no key and is operated from the inside only by a lever.  It cannot even be seen from the outside of the door.  (Chain-type nightlatches or slide bolts which are attached to the interior door trim are much less effective because they can be easily broken loose from the trim by an intruder).  Lot Owners are also requested (but not required) to install pinlocks or sliding door security bars on their sliding glass doors.      Keyless deadbolts and sliding door pinlocks/security bars will also minimize the chance that children might wander out to the pool or street without a parent’s knowledge.  These suggestions are intended to help increase the safety of our families, our personal property, and our tenants (if any) and to better protect against forced entry by criminals and unauthorized entry via keys that are lost, stolen, or kept by previous owners or tenants.  (new rule) 

H.  Violation by Others.     A Lot Owner is responsible for violations of these rules by the Lot Owner’s family, tenants, or guests.  (new rule) 

I.   Procedure Not Exclusive.     The Association may elect either or both of the procedures outlined above, which remedies shall be independent and cumulative.  (new rule)