This alternative version of the proposed Forest Cove Deed Restrictions is not endorsed by the FCPOA. Places where there are deletions from the FCPOA proposal are indicated by a (*), which links to the text in fhe FCPOA proposal that has been removed.

For the FCPOA version of the restrictions, go to FCPOA proposed Revised version of Deed Restrictions

AMENDED, RESTATED AND CONSOLIDATED RESTRICTIONS

FOR

FOREST COVE, SECTIONS ONE (I) THROUGH SEVEN (7)

AND

FOREST COVE COUNTRY CLUB ESTATES, SECTIONS ONE (1)

THROUGH FOUR (4) AND 4A

 

THE STATE OF TEXAS §

§

COUNTY OF HARRIS §

WHEREAS, Forest Cove Development Company, by instrument dated March 31, 1961 and recorded under Harris County Clerk's File No. B324534 of the Real Property Records of Harris County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

and,

WHEREAS, Forest Cove Development Company, by instrument dated August 24, 1961, and recorded under Harris County Clerk's File No. B382815 of the Real Property Records of Harris County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

and,

WHEREAS, Forest Cove Development Company, by instrument dated October 19, 1961, and recorded under Harris County Clerk's File No. B407581 of the Real Property Records of Harris County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

and,

WHEREAS, Forest Cove Development Company, by instrument dated February 28, 1962 and recorded under Harris County Clerk's File No. B487763 of the Real Property Records of Harris County, Texas imposed various covenants, conditions and restrictions on the following tract of land:

which covenants, conditions and restrictions for Forest Cove, Section Four, were duly amended by instrument dated September 24, 1962 and recorded under Harris County Clerk's File No. B582241 of the Real Property Records of Harris County, Texas.

and,

WHEREAS, Forest Cove Development Company, by instrument dated September 25, 1962, and recorded under Harris County Clerk's File No. B571842 of the Real Property Records of Harris County, Texas, imposed various covenant, conditions and restrictions on the following tract of land:

and,

WHEREAS, Forest Cove Development Company, by instrument dated April 30, 1963, and recorded under Harris County Clerk's File No. B681084 of the Real Property Records of Harris County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

and,

WHEREAS, Forest Cove Development Company, by instrument dated April 15, 1963 and recorded under Harris County Clerk's File No. B704545 of the Real Property Records of Harris County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

and,

WHEREAS, Forest Cove Development Company, by instrument dated May 6, 1964, and recorded under Harris County Clerk's File No. B883967 of the Real Property Records of Harris County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

and,

WHEREAS, Forest Cove Development Company, by instrument dated January 27, 1966 and recorded under Harris County Clerk's File No. C240366 of the Real Property Records of Harris County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

and,

WHEREAS, Forest Cove Development Company, by instrument dated March 16, 1965, and recorded under Harris County Clerk's File No. C054963 of the Real Property Records of Harris County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

and,

WHEREAS, Forest Cove Development Company, by instrument dated April 5, 1965, and recorded under Harris County Clerk's File No. C163322 of the Real Property Records of Harris County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

which covenants, conditions and restrictions for Forest Cove Country Club Estates, Section Four, were duly amended by instrument recorded under Harris County Clerk's File No. M481940 of the Real Property Records of Harris County, Texas.

and,

WHEREAS, Forest Cove Development Company, by instrument dated April 5, 1965 and recorded under Volume 930, Page 527, of the Deed Records of Montgomery County, Texas, imposed various covenants, conditions and restrictions on the following tract of land:

and

WHEREAS, the restrictions applicable to the subdivisions set forth above each provide that such restrictions may be amended by a duly recorded instrument signed by a majority of the property owners in such subdivision; and

WHEREAS, the undersigned, being at least a majority of the property owners in each of the following subdivisions:

desire to amend the restrictions for each of such subdivisions and, at the same time, consolidate the restrictions into a single document applicable to all of the subdivisions;

NOW, THEREFORE, the undersigned property owners do hereby amend, restate and consolidate the restrictions for Forest Cove, Sections One (1) through Seven (7), and Forest Cove Country Club Estates, Sections One (1) through Four (4) and 4A, to be governed by the provisions of this instrument for a period of twenty (20) years from the date this instrument is recorded, at which time these amended and restated restrictions shall be automatically extended for successive periods of ten (10) years each unless by duly recorded instrument approved in writing by owners representing a majority of the lots covered by these restrictions it is agreed to change these covenants, conditions and restrictions in whole or in part.

It shall be lawful for any person or persons owning any real property covered by these restrictions, as well as Forest Cove Property Owners Association, Inc., to prosecute any proceedings at law or in equity against any person or persons violating or attempting to violate any provisions hereof.

Invalidation of any of these covenants by judgment of a court of competent jurisdiction shall not affect any other provisions hereof and all other provisions shall remain in full force and effect.

(a) No lot shall be used except for single-family residential purposes. The term "single-family residential purposes" as used herein shall be deemed to specifically prohibit, but without limitation, the use of any lot for a hospital, clinic, duplex house, apartment house, boarding house, hotel, or for any multi-family use or for any business, professional or other commercial activity of any type, unless such business, professional of commercial activity is unobtrusive and merely incidental to the primary use of the lot for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two Stories in height and a private garage for not more than three (3) cars, except as follows:

(*)

(b) No building or improvement of any type shall be erected, placed or altered on any lot in any subdivision until two (2) sets of building plans, specifications, and plot plans showing the location of the proposed improvements have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision, and as to location with respect to topography and finished ground elevation, by an Architectural Control Committee appointed by the Board of Directors of Forest Cove Property Owners Association, Inc. In the event such committee fails to approve or disapprove the design and location of a proposed improvement within thirty-one (31) days after all requisite plans and specifications have been received by it, such approval will not be required and this covenant will be deemed to have been complied with. The members of the Architectural Control Committee, shall be appointed by and serve at the discretion of the Board. No member of such committee shall be entitled to any compensation for any services performed pursuant to this covenant.

This covenant shall specifically prohibit, without limitation, the erection or placement of any type of portable building on a lot without the prior written consent of the Architectural Control Committee. Upon submitting an application for approval to erect or place a portable building on a lot, the applicant shall submit a photograph or illustration of the proposed portable building, together with a plot depicting the proposed location of the portable building.

The Architectural Control Committee may with the approval of the Board of Directors of Forest Cove Property Owners Association, Inc., grant variances from compliance with any of the provisions of these Restrictions relating to the placement of structures (but not any provisions governing the use of a lot) when circumstances such as topography, natural obstructions, hardship, aesthetic, environmental or other relevant considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Control Committee and a member of the of Forest Cove Property Owners Association, Inc. If any variance is granted, no violations of the provisions of these Restrictions shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of these Restrictions for any purpose except as to the particular property and particular provision covered by the variance, nor shall the granting of any variance affect the jurisdiction of the Architectural Control Committee other than with respect to the subject matter of the variance, nor shall the granting of a variance affect in any way the owner's obligation to comply with all governmental laws and regulations affecting the property.

No owner shall commence the construction of any improvement on a lot, or make modifications or additions to existing improvements on a lot, without first submitting plans and specifications to the Architectural Control Committee and receiving approval of the proposed improvements. In the event that an owner constructs or erects any improvements on a lot, or makes modifications or additions to existing improvements on a lot, without first obtaining the approval of the Architectural Control Committee, the owner shall be subject to legal action. The Architectural Control Committee, upon discovering the violation, shall notify the owner and either request the removal of the improvement or addition (if the improvement or addition would not be approved upon the submission of plans and specifications) or request the submission of plans and specifications for the improvement or addition (if the improvement or addition appears that it may be approved upon the submission of the required plans and specifications). The owner shall be given the opportunity to meet with the board of directors of Forest Cove Property Owners Association, Inc. to contest the violation if a written request for a hearing is submitted to the board of directors of Forest Cove Property Owners Association, Inc. within fifteen (15) days of the date the owner receives the notice of violation.(*)

(c) No residence or permanent structure shall be placed or maintained on any lot nearer to the street than the front or side street building set-back lines shown on the applicable plat. In addition, the following shall be applicable:

(d) No residential structure shall be erected or placed on any building plot which has an area less than the following:

Forest Cove, Section One (1) - 12,000 Square Feet
Forest Cove, Section Two (2) - 12,000 Square Feet
Forest Cove, Section Three (3) - 30,000 Square Feet
Forest Cove, Section Four (4) - 30,000 Square Feet
Forest Cove, Section Five (5) - 40,000 Square Feet
Forest Cove, Section Six (6) - 40,000 Square Feet
Forest Cove, Section Seven (7) - 12,000 Square Feet
Forest Cove, County Club Estates, Section One (1) - No Minimum
Forest Cove, Country Club Estates, Section Two (2) - No Minimum
Forest Cove, Country Club Estates, Section Three (3) - No Minimum
Forest Cove, Country Club Estates, Section Four (4) - No Minimum
Forest Cove, Country Club Estates, Section 4A - No Minimum

Only one residential structure may be placed on any residential lot except on Lot One (1) in Block One (1) of Forest Cove, Section One (1), where three residential structures may be constructed.

(e) No trailer, recreational vehicle, basement, tent, shack, garage, barn or other outbuilding erected on the tract shall be at any time used as a residence, temporary or permanent, nor shall any structure of a temporary character be used as a residence.(*)

(f) No residential structure shall be placed on a lot unless its living area has the minimum square feet of floor area, exclusive of porches and garages, as follows:

(g)The exterior walls of all residences shall be at least fifty-one percent brick, brick-veneer, stone-veneer, concrete or other masonry type construction.

(h) Except for lots in Forest Cove Country Club Estates, Section One (1) and Two (2), no fence, wall, hedge, or pergola or other detached structure higher than two (2) feet above the ground, shall be erected, grown or maintained on any part of any lot forward of the front building line of said lot or nearer to the street than the side building line on any corner lot. (*) With respect to lots in Forest Cove Country Club Estates, Sections One (1) and Two (2), no fence, wall, hedge, or pergola or other detached structure high than two (2) feet above the ground, shall be erected, grown or maintained on any part of any lot forward of the front building line of said lot or nearer to the street than the side building line on any corner lot, nor higher than three (3) feet above the ground to the rear of the residence erected thereon, except with the express written permission of the Forest Cove Property Owners Association, Inc. No massed planting which would interfere with the view of cross traffic shall be allowed on any corner lot

(i) No noxious or offensive activity shall be carried on upon any lot or shall anything be done thereon which may be or become a nuisance and annoyance to the neighborhood. (*) For the purpose of this provision, a nuisance shall be any activity or condition on a lot which is (*) an annoyance to surrounding residents of ordinary sensibilities. (*)

j) With respect to Forest Cove, Sections One (1) and Two (2), and Forest Cove Country Club Estates, Sections One (1), Two (2) and Three (3), the raising or keeping of hogs, horses, poultry, fowls, or of other livestock on any part of such subdivisions is strictly prohibited. With respect to Forest Cove, Sections Three (3), Four (4), Five (5), and Six (6), the raising or keeping of hogs, poultry, fowls, or other livestock, except horses for the sole enjoyment and use of the persons occupying the lot, on any part of such subdivision is strictly prohibited. In Forest Cove, Section Seven (7), the raising or keeping of hogs, poultry, fowls or of other livestock on any part of the subdivision is strictly prohibited. In Forest Cove Country Club Estates, Sections Four (4) and 4A, the raising or keeping of hogs, poultry, fowls, or of other livestock, on any part of the subdivision is strictly prohibited; provided that, horses may be kept for the sole enjoyment and use of the occupants of any lot which exceeds 30,000 square feet. (*)

(k) No spirituous, vinous, or malt liquors, capable of producing intoxication, shall be sold or offered for sale, on any site. No premises or any part thereof shall be used for vicious, illegal, or immoral purposes, nor for any purpose in violation of the laws of the State of Texas, or of the United States, or of police, health, sanitary, building or fire code regulations or instructions relating to or affecting the use or occupancy or possession of any of said sites. Provided that, this provision shall not prohibit the sale or offer of sale of spirituous, vinous, or malt liquors, or medicated bitters, capable of producing intoxication in the commercial reserve shown on the plat for Forest Cove, Section Two (2).

(l) No sign of any kind shall be displayed to the public view except one sign of not more than five square feet, advertising the property for sale or the dwelling for rent.

(m) No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other wastes shall be kept in sanitary containers. (*)

(n) No boats or trailers may be parked nearer to the street than the front building line of any lot or nearer to the street than the side building line on any corner lot. (*)

(o) (deleted)

(p) Easements affecting all lots in the subdivisions are reserved, as shown on the official plats, for the installation and maintenance of utilities and drainage facilities and in addition to the easements shown on said plats, there is hereby designated and dedicated for use of all public utilities, an unobstructed aerial easement five (5) feet wide from a plane twenty (20) feet above the ground, upward, located adjacent to said easements as shown on said plats.

(q) Title to any lot or any portion thereof shall not include title to any utility line in, under, or on, any easement or street.

(r) Each residential lot is hereby subjected to an annual maintenance charge for the purpose of creating a fund for the use and benefit of Forest Cove Property Owners Association, Inc. ("the Association"). Each owner of a residential lot, by accepting a deed to such lot, is hereby conclusively deemed to covenant and agree, as a covenant running with the land, to pay to the Association each annual maintenance charge levied against such lot or assessed against such owner by virtue of ownership of the lot, as the annual maintenance charge becomes due. The annual maintenance charges shall be a charge and continuing lien upon each residential lot in the subdivisions specified above together with all improvements thereon. Each charge, together with interest, costs, late charges, and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of the lot at the time the obligation to pay the charge accrued.

Commencing on January 1st of the year next following the year in which these Restrictions become effective (the initial year), the maximum annual maintenance charge shall be (*) $100.00. On or before the 30th day of November in each year, the Board of Directors of the Association shall fix the amount of the annual maintenance charge to be levied against each residential lot in the next calendar year, which may be equal to or less than the maximum. Written notice of the figure at which the Board of Directors of the Association has set the annual maintenance charge shall be mailed to each owner at each owner's last known mailing address according to the records of the Association. Each annual maintenance charge shall be due and payable, in advance, on the first (1st) day of January of the year for which the annual maintenance charge is levied. Any annual maintenance charge which is not paid and received by the Association by the first (1st) day of January shall be deemed to be delinquent and, without notice, shall bear interest at the rate of twelve percent (12%) per annum from the date originally due until paid.

(*)

The maximum annual charge may be increased in any year (*) only if approved by the vote of owners representing not less than a majority of all lots subject to an annual maintenance charge by the Association.

To secure the payment of each annual maintenance charge and other sums due the Association under this provision, there is hereby created and fixed a separate and valid lien upon and against each residential lot and all improvements on each lot for the benefit of the Association. Such lien shall be deemed subordinate to any mortgage or lien for the purchase of any lot or for the construction of improvements on the lot. The collection of the annual maintenance charge and other sums due may (*) not be enforced by a suit to foreclose the Association's lien or a suit for a money judgment (*).

All annual maintenance charges collected by the Association, as well as all other sums collected by the Association, shall constitute the maintenance fund. The maintenance fund shall be held, managed, invested and expended by the Board of Directors of the Association, at its discretion, for the benefit of the properties within the jurisdiction of the Association and the owners of all lots therein. The Board of Directors of the Association may use the maintenance fund for all purposes that are, in the discretion of the Board, desirable in order to maintain the character and value of the properties within the jurisdiction of the Association.

(s) Any violation of any of the covenants, agreements, reservations, easements and restrictions herein shall not have the effect of impairing or affecting the rights of any mortgagee, trustee or grantor, under any mortgage or deed of trust, or to the assignee of any mortgagee, trustee, or guarantor, under any such mortgage or deed of trust, outstanding against the said property at the time that the easements, agreements, restrictions, reservations, or covenants may be violated.

(t) The provisions of these Restrictions shall become effective upon recording. Any circumstances, conditions or improvements which exist prior to the date these Restrictions are recorded and which are not in compliance with these Restrictions shall not be required to be abated or removed. Provided, however, if any such circumstances, conditions or improvements are voluntarily or involuntarily removed, abated or discontinued after the date these Restrictions are recorded, such circumstances, conditions or improvements may not be renewed or replaced in a manner inconsistent with these Restrictions. Notwithstanding the foregoing, this provision shall not be construed to affect the right of the Association or any lot owner to proceed with or initiate action against any person who is in violation of the provisions of the prior restrictive covenants after the effective date of these Restrictions so long as the acts, circumstances or conditions constituting a violation of the prior restrictive covenants also violate these Restrictions.

Executed on the date(s) indicated below to be effective upon recording in the Official Public Records of Real Property of Harris County and Montgomery County, Texas.