AH POA

Question 1

1.01

Answer 1

Residential Use: All lots are hereby restricted exclusively to single-family residential use. No lot shall ever be used for a business or commercial purpose. No structures shall be erected, placed or maintained on any lot other than a conventional on-site constructed single-family residence with such accessory structures and buildings as a storage building, workshop, garage, guest house and servant’s quarters. No barns are allowed on any lot. Not more than one single-family residence may be erected on a lot. •Ille term “conventional on-site constructed single-family residence shall exclude specifically mobile homes, double-wide mobile homes, house trailers, modular homes and move-on homes.

Question 2

1.02

Answer 2

Size and Specifications: No building, structure or other improvement shall be commenced, erected, placed or maintained on any lot, nor shall any addition to or change or alteration therein be made, until the construction plans and specifications, and a plot plan showing the location of all such structures and all appurtenances thereto, have been submitted to and approval by the Arbor Hills Architectural Control Committee (hereinafter referred to as the “Committee”). A residence may not be lived in or occupied until the residence is fully complete.

Question 3

1.02a

Answer 3

a. Each residence constructed on Lots I through 19, Block A, Lots I through 26, Block B, and Lots 1 through 12 and 45 through 63, Block C, each dwelling shall have not less than 1,100 square feet Of heated and air-conditioned space, exclusive of basements, garages, and porches. Multi-story dwellings, constructed on said lots, Shall have not less than 1,250 square feet exclusive of basements, garages and porches with not less than 800 square feet of heated and air-conditioned space on the first floor. Each residence constructed on Lots 13 through 44, Block C, shall have not less than 1,300 square feet Of heated and air-conditioned space, exclusive of basements, garages, and porches. Multi-story dwellings constructed on said lots shall have not less than 1,450 square feet, cxclusive of basements, garages and porches with not less than 950 square feet Of heated and air-conditioned space on the first floor.

Question 4

1.02b

Answer 4

b. All residences must have, at a minimum, an enclosed one-car garage either attached to or detached from the residence.

Question 5

1.02c

Answer 5

c. At least 25% of the front exterior of any residence must be masonry which includes, but is not limited to rock, brick or stucco. Any masonry siding such as concrete Hardi Plank, or similar product does comply with this masonry requirement.

Question 6

1.03a

Answer 6

a. Setback Requirements: Residences, garages, or any other building of-any kind constructed on any lot shall have a front building line set back fifty (50’) feet from the front property line. The residences, garages, or any other buildings of any kind shall be set back ten (10’) feet from any side property line and twenty (20’) feet from any rear property line. la the case of comer lots, construction of improvements shall also be subject to a side set back line thirty (30’) feet from the propelly line adjacent to the side street. Variations from these setback requirements may be ganted in individual cases where tract size or topography make these requirements impractical, but any such variation must have the prior written approval of the Committee.

Question 7

1.03b

Answer 7

b. Front Building Line: The front building tine is that tine parallel to the front property line, and the side property line if a corner lot, which intersects the most forvvard projection of the actual residence constructed on any lot, including roofs, decks, porches and garages.

Question 8

1.03c

Answer 8

c. Rear Buildingßiag• The rear building line is that line parallel to the front property line, and side property line if a comer lot, which intersects the rear-most projection of the actual residence constructed on any lot, including roofs, decks, porches, and garages. All storage sheds, portable buildings, animal pens, animal houses, and any other such structures shall be located behind the rear building line.

Question 9

1.04

Answer 9

1.04 DrivewaE: All driveways must be either concrete, asphalt pavement, or brick/concrete pavers within 150 feet of any road right-of-way. The driveway must be completed before occupying the residence. All required permits must be obtained from Bastrop County before driveway is constructed.

Question 10

1.05

Answer 10

1.05 Qualigy Workmanship and Maintenance: All improvements and structures including but not limited to garages, fences, storage buildings, and other improvements shall be constructed of quality material and in a workmanlike manner. Such improvements shall be maintained and situated so that their appearance will not be detrimental to the I Subdivision. All improvements shall be kept weatherproofed by painting or such other method as may be necessary and appropriate, and none of the improvements shall be allowed to deteriorate.

Question 11

1.06

Answer 11

Storage of Materials and Personal Belongings: No materials or personal belongings of any kind shall be placed upon any lot except within a garage, storage building or other comparable enclosed structure. Storage buildings and storage sheds may not be placed or built on the property prior to the residence being under construction. Any construction building must be removed, and any construction materials must be properly stored in an enclosed structure, within fifteen (15) days of completion of the structure.

Question 12

1.07

Answer 12

Eæsements: Easements are hereby reserved and dedicated over and across a twenty-foot (20’) strip along front, feet along each side lot line, and sixteen feet (16’) along line for the purpose of installing, maintaining and repairing, electric power, the rear lot gas, telephone, water, cable, community mailbox station, drainage and/or any other similar utility lines, facilities, and services for the lots in the Subdivision. The easements reserved and dedicated hereby shall be for the general benefit of the Subdivision. These easements shall inure to the benefit of, and may be used by, any public or private company entering into and upon the Property for such purposes, without the necessity of any fill-ther grant Of such easement Eights to such companies. Any lot owner installing a fence or other improvement within the area encumbered by the easement does so at his own risk. Lftwo or more lots are consolidated into a building site in confomlity with the provisions Of paragraph 1.09, these easement provisions and the setback provisions In paragraph 1.03 shall be applied to such resultant building site as if it were one original platted lot. On Lot l, Block A and Lot l, Block B there is hereby reserved an easement for the location of a Subdivision entry sign and monument and all related appurtenances.
The easement upon Lot l, Block A shall be fifty (50) feet in width along the lot line adjacent to Arbor Hill Way right-of-way. The easement upon Lot l, Block B shall be fifty (50) feet in width along the lot line adjacent to the FM 812 right-of-way.

Question 13

1.08

Answer 13

1.08 Platted Easements: In addition to those set forth in this Declaration, each lot shall be subject to all easements, set-back lines, covenants and restrictions set forth in the recorded Subdivision plat covering that particular lot.

Question 14

1.09

Answer 14

1.09 Restriction on Further Subdivision: There shall be no dividing, subdividing, or resubdividing allowed of any of the lots in the Subdivision into smaller lots or tracts. All lots in the Subdivision will remain the size platted on the Subdivision plat, except that any person owning two or more adjoining lots may consolidate such lots into a single building site.

Question 15

1.10

Answer 15

1.10 Seyage: Wastewater and sewage shall be disposed Of by means of sanitary sewer systems or similar approved means of sanitary sewage disposal which meet the requirements of and are approved by all governmental authorities having jurisdiction thereof. No residence shall be used until sanitary sewage disposal facilities complying with. this paragraph have been completely built and approved by the governmental _l authority. The sanitary sewage facility on each lot will be designed by a registered professional engineer or licensed sanitarian in accordance with the Texas Natural Resource Conservation Commission On-Site Sewage Facility Rules. Sanitary sewage facilities are restricted to aerobic systems only. No septic system wili be located within any designated drainage easement.

Question 16

1.11

Answer 16

Stock Tanks Drainage structures under private driveways shall be constructed at lot owner’s expense in accordance with Bastrop County regulations recorded plat specifications. Drainage structures must be completed before house construction begins. Natural drainage and stock tanks shall not be altered, constructed, or changed without prior written approval from the Committee and appropriate government agencies.

Question 17

1.12

Answer 17

Trash: 1.12 No lot shall ever be used for outside, unenclosed storage of any items or materials whatsoever, nor shall any lot or part thereof be used or maintained as a dumping ground for rubbish or debris Or junk. Each homeowner must have trash removal service and trash, garbage or other wastes shall not be permitted except in sanitary containers. All incinerators or cans or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition beside or behind the residence. Cut or trimmed brush on occupied or non-occupied lots must be disposed of within 30 days of cutting. Construction of a house may not begin until an enclosed trash receptacle and portable toilet are available on-site, It is the owner’s responsibility to insure that construction debris is contained.

Question 18

1.13

Answer 18

Nuisances No noxious, noisy, offensive, undesirable, unlawftl or immoral activity shall be conducted on any lot, nor shall anything be done or permitted to be done thereon which may be or become a nuisance or annoyance to the owners of adjacent lots or to the Subdivision. Any determination by the Committee that an activity is noxious, noisy, offensive, undesirable Or immoral shall be final and binding on all parties.1

Question 19

1.14

Answer 19

Unused Vehicles: The placement of junked, abandoned, wrecked, or non-operating items of any kind such as motor vehicles, boats, or other equipment or materials shall not be permitted on any lot in the Subdivision. No car, boat or other vehicle or equipment which is not in running condition or regularly used by the lot owner shall be allowed on any lot in the Subdivision, unless in enclosed storage. The repairing of motor vehicles, boats or any other items of a mechanical nature shall not be permitted on any lot, except within a garage or other comparable enclosed structure.

Question 20

1.15

Answer 20

Boats and Trailers: No boats, boat trailers, travel trailers, trailers of any kind, campers, recreational vehicles, motor homes, tractors, vehicles, and other equipment or other similar property shall be allowed on any lot unless such items are regularly and frequently used by the lot owner, neat in appearance, well-maintained, and stored behind the rear building line. None ofthe above-mentioned items are allowed on any tot until the residence is completed and occupied.

Question 21

1.16

Answer 21

No structure or improvement of a temporary character, nor my trailer, recreational vehicle, tent, camper, shack, garage, barn or other outbuilding shall at any time be used as a residence or dwelling, either temporary or permanent, without the prior written approval of the Committee. There shall be no overnight or weekend camping ofany kind.

Question 22

1.17

Answer 22

Animals: Dogs, cats or other household pets, not to exceed a total of four in number (exclusive of unweaned offspring), may be kept on any lot so long as they are not kept, bred or maintained for any commercial purpose. No livestock, exotic animals, or other animals are allowed. No pigs, hogs, swine, goats, or chickens are allowed under any condition. No pets or animals may be kept if they become offensive or a nuisance by virtue of their numbers, Sight, odor or noise. If a question arises as to whether an animal, (individually or considered together) is offensive or a nuisance, the Committee shall make the determination and its determination shall be final and binding on all parties.

Question 23

1.18

Answer 23

Animal Containment• All animals shall be contained within the lot lines either by fence, leash, or other comparable device. Animals shall not be allowed outside an owners lot. Any pen, corral, hutch, structure or enclosure of any kind must be constructed of new material, must be attractive in appearance in keeping with the general standard of improvement in the Subdivision, and must be at all times kept neat and clean in appearance, consistent with the requirements herein specified for other improvements in the Subdivision. All such improvements must be located behind the residence, and not closer than twenty (20’) feet to the side and rear property lines.

Question 24

1.19

Answer 24

Fences: The plans for all fencing must be approved in advance by the Committee before installation of the fencing can begin. Barbed wire fences are not allowed. privacy fences, chain link and other similar approved fences are allowed from the front building line to the rear ofthe lot. Metal Pipe fencing of at least 1-1/2” inch diameter, wood fencing of at
least 4” x 4” post and 1” x 4” runners, masonry fencing, and dark colored vinyl coated chain link fencing is allowed. All fence lines must by mowed and kept clean of weeds, trash and garbage at all times. All fences must be well-maintained to prevent sagging and deterioration and installed in a workmanlike manner.

Question 25

1.20

Answer 25

Signs: Except for one sign of not more than six square feet advertising the property for sale or for rent, no signs of any kind shall be displayed to the public view from any lot.

Question 26

1.21

Answer 26

Antennae: No exterior radio, television or any other type of antenna shall be higher than 30’ measured from the ground. All satellite dish receivers larger than three feet (3’) in diameter must receive prior written approval of the Committee as to size and location.

Question 27

1.22

Answer 27

Hunting and firearmes: Hunting, trapping and discharge of firearms are expressly prohibited within the Subdivision.

Question 28

1.23

Answer 28

Clothes Drying Facilities: Outside clothes lines or other facilities for drying or airing clothes outside the residence shall not be permitted.

Question 29

1.24

Answer 29

Oil. Gas and Development: NO oil or gas drilling, exploration or. development •operations; oil or gas refining or treatment, quarrying or mining operations of any kind shall be permitted on any lot, nor shall Oil wells, tanks, tunnels, mineral excavations or shafts be permitted on any lot. No derrick or other structure designed for use in boring for Oil, gas or Other minerals shall be erected, maintained or permitted on any lot.

Question 30

1.24

Answer 30

Oil. Gas and Development: NO oil or gas drilling, exploration or. development •operations; oil or gas refining or treatment, quarrying or mining operations of any kind shall be permitted on any lot, nor shall Oil wells, tanks, tunnels, mineral excavations or shafts be permitted on any lot. No derrick or other structure designed for use in boring for Oil, gas or Other minerals shall be erected, maintained or permitted on any lot.

Question 31

1.25

Answer 31

Rights of Declarant: The Declarant or its agents shall have the right to use any unsold lot for a sales office location or any other purpose that Declarant deems necessary.

Question 32

1.26

Answer 32

Parking: Streets shall not be used for parking except for emergency parking of vehicles. No continuous parking of automobiles or any other type of vehicle will be permitted on any street or road right-of-way in the Subdivision at any time.

Question 33

1.27

Answer 33

Vegetation buffer: per the recorded plat, within the area designated as a vegetation buffer, there shall be no cutting, trimming or clearing of existing vegetation, except grass areas, and placement of any dwelling or structure in the vegetation buffer is prohibited

Question 34

2.01

Answer 34

Organization: The Association is a non-profit corporation created by Declarant for the purposes, and charged with the duties and vested with the powers, prescribed by law and 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.

Question 35

2.02

Answer 35

Membership: Any person or entity upon becoming an owner ofa lot shall automatically become a member of the Association. Membership shall be appurtenant to and shall run with the property interest which qualifies the ow-ner 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 such property interest.

Question 36

2.03

Answer 36

Voting Rights: 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: The owner (excluding Declarant) of each lot shall have one (l) vote for each lot owned;
b. Declarant shall have five (S) votes for each lot owned by Declarant;

Question 37

2.04

Answer 37

Subject to and in accordance with this Declaration, the Association, acting through the Board, shall have and perform each of the following duties:
1 To enforce these Declarations;
b. To improve, maintain, manage, repair, replace, clean, inspect and protect any property conveyed to the Association and any Common Area, including all improvements, landscaping and cquipment located therein or thereon;
To improve, maintain, manage, repair, replace, and protect the entrance sign(s) to the Subdivision;
d. To perform any duties and obligations assigled to the Association by the Declarant;
To promulgate, enforce and amend rules and regulations governing the use Of any Common Area or any property conveyed to the Association.
f. To make, establish and promulgate, and in its discretion to amend or repeal and re-enact such Association Bylaws not in conflict with this Declaration, as it deems proper, covering any and all aspects of its functions;
g. To can-y out and enforce all duties of the Association set forth in this Declaration;
h. To keep books and records of the Association’s affairs;
To obtain and maintain in effect policies of insurance which in the Board’s judgment are reasonably necessary or appropriate to carry out the Association functions; and
To maintain, manage, replace, improve and protect any other function pertaining to the well-being of the Subdivision.

Question 38

2.05

Answer 38

2.05 Power to Indemnify and to Purchase Indemnity Insurance: The Association shall indemnify and may reimburse, and/or advance expenses, and/or purchase and maintain insurance, or any other arrangement on behalf of any person who is or was a director or officer of the Association against any liability asserted against such person and incurred by such person in such a capacity or arising out of his status as such a person to the maximum extent permitted by Article 1396 p.22A of the Texas Non-Profit Corporation Act, as such Act may from time to time be amended (without regard. however, to Section Q of such Article with respect to officers of the Association who are not directors of the Association ). Further, the Association may indemnify and/or reimburse and/or advance expenses and/or purchase and maintain insurance or any other arrangement on behalf Of any person, other than any person who is a director of the Association, who is or was an officer, employee or agent of the Association, or is or was serving at the request of the Association as a director, officer, partner, venturer, proprietor, tustee, employee, agent or similar functionary of another corporation, partnership, joint venture, sole proprietorship, trustee, employee benefitplan or other enterprise, against any liability asserted against such person and incurred by such person in such a capacity or arising out ofhis status as such a person, to such extent (or in the case of officers of the Association, to such further extent), consistent with applicable law, as the Board may from time to time determine. The provisions of this paragraph 2.05 shall not be deemed exclusive of any other rights to which any such person may be entitled under any Bylaw, agreement, insurance policy, vote of members or otherwise.

Question 39

2.06

Answer 39

2.06 Annual Maintenance Charge: Beginning April 1, 2000, each lot in the Subdivision, excluding lots owned by Declarant, is subject to An annual maintenance charge (hereinaner the “AMC”). The initial AMC of Ninety-six Dollars (96.00) per year shall be due and payable on or before April I , 2000 and annually thereafter on Or before April I of each year. The amount of the AMC for each lot may be increased or decreased by the Board of Directors from time to time, but not more onen than one per year. the event the Board Of Directors shall seek to increase or decrease the A.MC by more than twenty percent (20%) in relation to the preceding year, the change must be approved by a vote of Association members at a meeting duly called for such purpose. Written notice of the meeting with explanation Of the proposed action shall be scnt to each member Of the Association not less than fifteen (15) nor more than thirty (30) days in advance of the meeting. Twenty-five percent (25%) of all members of the Association shall constitute a quorum and such increase or decrease shall not be levied unless approved by a majority of those voting at such meeting. The amount of the AMC shall be determined on or before March I Of each year with the exception ofthe initial AMC and written not:ce of such assessment shall be sent to each member of the Association on or before March 15 ofeach year. no notice is delivered by the Association by such date, the amount of the AN-IC for that year shall remain the sarne as the Plior year and shall be due on or before
Apr-il 1 of that year. In the event any member shall fail to pay an assessment on or before May 1 of each year, the AMC shall be deemed delinquent and shall be subject to a late charge to be determined by the Board. Purchasers who purchase lots from Declarant shall pay a pro-rated AMC from date of purchase through April 1 of the following year. Notwithstanding the foregoing, the initial Board ofDirectors ofthe Association shall not increase the annual maintenance charge unless such increase is approved by a vote of Association members, excluding Declarant, said vote held in the same manner as described in this paragraph.

Question 40

2.07

Answer 40

Special Assessment: [n addition to the annual assessment herein the Board of Directors of the Association may levy a special assessment at any time deemed necessary, applicable for the current year Only, for the puQose of defraying, in whole or in part, the cost of any construction, reconstruction, maintenance, repair, and for any Other purposes deemed necessary by the Board of Directors of the Association to maintain or improve the Subdivision for the general benefit of the owners and occupants thereof.

Question 41

2.08

Answer 41

Vote on Specjal Assessment: If ten percent (10%) of the members of the Association object in waiting to the levy of any special assessment, within 30 days of the special assessment notice, such assessment shall not be valid unless and until it has been approved by a vote Of Association members at a meeting duly called for such purpose. Written notice of the meeting with explanation of the proposed action shall be sent to each member of the Association not less than fifteen (15) nor more than thirty (30) days in advance ofthe meeting. Twenty-five percent (25%) of all members ofthe Association shall constitute a quorum and such special assessments shall not be levied unless approved by a majority ofthose voting at such meeting.

Question 42

2.09

Answer 42

Obligations of Lot Owners: Each lot in the Subdivision, excluding Declarant, covenants and agrees, and by acceptance Of a deed or contract for sale to such lot is deemed to covenant and agree to pay the Association the AMC and any special assessment. The AMC and any special assessment, together with interest, costs, and reasonable attorneys fees, shall, to the full extent permitted by law, be a charge and a lien on the lots subject to this Declaration and each shall be a continuing lign upon the property against which such assessment is made. The AMC and any special assessment, together with interest, costs, and reasonable attorneys fees, shall be the personal obligation of each lot owner. The Association shall have the duty and obligation to establish. collect and administer such assessments. The lien Of any assessment shall be subordinate to the lien of any first mortgage.

Question 43

2.10

Answer 43

2.10 The Association shall accept delivery of any deed or bill of sale executed by Declarant conveying propeny within or adjoining the Subdivision, or addition thereto, to the Association.

Question 44

3.01

Answer 44

The Committee shall be composed of not more than three (3) persons. Members of the Committee need not be members of the Association. The following persons are hereby designated as the initial members of the Committee: Rex Bohls, Laura Bohls and Doug Lewis.

Question 45

3.02

Answer 45

3.02 Duties: The 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. The Committee shall review plans and specifications submitted for its review and such other information as it may reasonably require related to the construction of improvements within the Subdivision. The Committee shall have the authority to disapprove any proposed improvement based upon the restrictions set forth hcrein and the decision of the Committee shall be final and binding so long as it is made in good faith. The Committee shall not be responsible for inspecting any proposed improvement, nor shall its approval of any plans or specifications be deemed approval of any improvement as to structural safety, engineering soundness or conformance with any building or other codes.

Question 46

3.03

Answer 46

Declarant’s Right Of Appointment: Declarant, its successors and assigns shall have the 1 right to appoint and remove all members of the 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 Committee. Each member of thc Committee shall hold office until such time as he or she has resigned or has been removed and his or her successor has been appointed

Question 47

3.04

Answer 47

3.04 Review of Construction. Alteration or Removal of Improvements: The Committee’s approval or disapproval or other actions as required in these covenants shall be by majority vote, shall bc evidenced in and shall be delivered in person or by a letter sent by US mail addressed to the requesting party at an address which must be supplied with the submission of the plans. In the event the Committee should fail to approve or disapprove the plans, specifications and plot plans for construction, alteration or removal of improvements within fifteen (15) days after they have been submitted to it, it will be presumed that the same have been approved, provided the same were submitted to the Committee in writing by certified mail, return receipt requested, with an address provided to which the reply should be mailed. The judgement of the Committee in the exercises of its discretion in this respect shall be final and conclusive.

Question 48

3.05

Answer 48

Construction of Improvements: Construction or placement of any improvement approved by the Committee shall commence within six (6) months of such approval; and the completion of such construction or placement must be accomplished within nine (9) months of the commencement of same.

Question 49

3.06

Answer 49

Lot Cleaning: All lots, and the area extending from the lots to the paved road surface, must be kept clean and clear of unsightly weeds, grass, brush and refuse. If an owner has failed to comply with this provision within 15 days of written notice by the Committee, the Committee shall have the right to clean and clear the lot of unsightly weeds, grass, brush, trash, and reålse. Such cleaning and clearing will be at the expense of the particular lot owner and for which a lien in favor of the Association, or its assigns, may be placed upon the property, including interest, costs, and attorneys fees.

Question 50

3.07

Answer 50

Waiver. The Committee may want such waivers of any of the restrictions contained in this Declaration as it considers appropriate based upon the quality and design of a proposed Improvement.

Question 51

4.01

Answer 51

Enforcement: Declarant, the Association, and any person owning any interest.in any of the lots in said Subdivision, including mortgage interest, may enforce these restrictions through a proceeding at law or in equity against the person or persons violating Or attempting to violate any covenant, condition, restriction, or limitation, either to prevent or to correct such violation, or to recover damages, or to obtain other relief for such violation. All expenses, including a reasonable attorney fee, shall be recovered from anyone violating these restrictions by the party bringing the suit.

Question 52

4.02

Answer 52

The Declarant, the Association its Board of Directors, the -l Committee and any member Of the Committee, shall not bc liable in damages or otherwise to any owner of any lot within the subdivision by reason of mistake of judgrnent, negligence or nonfeasance arising out of or in connection with: (a) the approval or disapproval, or failure to approve or to disapprove any plans, specifications, or plot plans; (b) the enforcement of, or the failure to enforce, the convenants, conditions, easements and restrictions of this Declaration; or (c) any other action taken or not taken pursuant to the provisions ofthis Declaration.

Question 53

4.03

Answer 53

If any portion of this Declaration is declared illegal, invalid, or unenforceable by law or court order, such action shall not affect the validity of äny other provision hereof. Failure to enforce any one or more provisions hereof shall not constitute a waiver thereof as to ftture enforcement and shall not serve to invalidate any other provision of this Declaration.

Question 54

4.04

Answer 54

These covenants, conditions, easements and restrictions shall run with the land and shall be binding upon and against the property for a period of twenty-five (25) years from the date of recordation, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of seventy-five percent (75%) or more Of the Property (by lot) has been recorded agreeing to change said covenants in whole or in part. No such agreement to change shall be effective unless made and recorded within three (3) months immediately prior to the date the covenants otherwise would be automatically extended.

Question 55

4.05

Answer 55

Amendment:
This Declaration may be amended by Declarant so long Declarant holds a majority Of the votes Of the Association. No amendment by Declarant shall be effective until there has been recorded in the Official Records of Bastrop County, Texas, an instrument executed and acknowledged by Declarant in setting forth the amendment and executed and acknowledged by the President of the Association certifying ‘hat Declarant had the requisite number of votes.
b. In addition to the method provided in paragraph 4.05(a.), this Declaration may be amended by the recording in the Official Records of Bastrop County, Texas, of an instrument executed and acknowledged by the President 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 paragraph 2.03.

Question 56

4.06

Answer 56

4.06 Assignment of Declarant: Notwithstanding anything 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 perrnit the -l participation, in whole or in pan, by any other person or entity in any of its privileges, exemptions, rights and duties hereunder. Such assignment shall be evidenced by a ‘Titten instrument, executed by Declarant and the assignee, and recorded in. the Official Records of Bastrop County, Texas. In the event of any partial assignment by Declarant of any of its privileges, exemptions, rights and duties under this Declaration, Declarant shall continue to remain responsible and liable for all its obligations and duties under this Declaration until such time as Declarant has completed a full assignment of all of its privileges, exemptions, rights and duties under this Declaration to any other person or entity.

Question 57

4.07

Answer 57

4.07 No Warranty of Enforceability: While Declarant has no reason to believe that any of the restrictive convenants or other terms and provisions contained 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 a lot in reliance on one or more of such restrictive convenants, terms or provisions shall assume all risks of the validity and enforceability thereof and by acquiring the lot, agrees to hold Declarant or its agents harmless therefrom.

Question 58

4.08

Answer 58

Intemrctation: provisions of this Declaration shall be liberally construed to effectuate the purposes Of creating a uniform plan for the development and operation of the Subdivision, and Of promoting and effectuating the fundamental concepts of the Subdivision set forth in this Declaration. This Declaration shall be construed and govemed under the laws of the State of Texas.

Question 59

4.08a

Answer 59

a. Not’,vithstanding anything 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 ofthe Board, the Association or the Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right ofDeclarant 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 siYIS incidental to construction, sales and leasing anywhere within the Property.

Question 60

4.08b

Answer 60

b. Declarant reserves the right to locate, construct, erect and maintain, or cause to be located, constructed, erected and maintained in and on any areas owned by Declarant, pipelines, conduits, wires and any improvements relating to a public utility fimction with the right of access to the same at any time for the purposes of repair and maintenance.

Question 61

4.10

Answer 61

Laws and Regulations: All owners of any lots within the Subdivision shall at all times comply with all applicable laws, regulations and ordinances Of municipal, county, state, federal or other governmental authorities.