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AMENDMENT AND RESTATEMENT TO THE BYLAWS OF THE WOODLAND HARBOR PROPERTY OWNERS ASSOCIATION

 

On June 1, 1983, the Woodland Harbor Property Owners Association was formed and was later amended September 28, 2003.  After the approval of the majority of the members of the association, this document shall serve as an Amendment and Restatement to the Bylaws of Woodland Harbor Property Owners Association and is intended to replace the Amendment recorded March 23, 2007, in Volume 234, Page 846, of the Official Public Records of Camp County, Texas. This document does not amend any valid and legal restrictions which affect any unit of the Woodland Harbor Property. The Amendment and Restatement is as follows:

ARTICLE I

NAME

 

            The name of the organization shall be “Woodland Harbor Property Owners Association”

 

 

 

 

 

AMENDMENT, REVISION AND RESTATEMENT OF

RESTRICTIVE COVENANTS OF WOODLAND HARBOR,

UNIT I, UNIT II, UNIT III.

 

            The Woodland Harbor Property Owners Association does hereby make, publish and declare the following Amendment, Revision and Restatement of Restrictive Covenants of Woodland Harbor, Unit I, Unit II and Unit III, and does hereby restrict said property, as hereinafter set out, said restrictions to be binding on all owners, heirs, executors, administrators, assigns, renters, or lessees, as follows, to wit: 

 

  • All prior Restrictive Covenants are hereby declared null and void and are hereby replaced by these amended, revised, and restated Restrictive Covenants.

  • The document entitled “Restrictions, Covenants, And Conditions - Woodland Cove - Camp County, Texas” was at the time of filing, and hereby is declared, null and void and of no effect. “Woodland Cove” does not exist and never has existed.

  • Lots in Unit I, Unit II and Unit III maybe used for recreational or permanent resident use. However, Lot 1 and Lot 2, Block 1 have the option of being used as permanent resident or commercial locations. Also, Lot 1 and Lot 2, Block 5, Unit I have the option of being used as permanent resident or commercial locations. Soil may be used as needed to prevent erosion.

  • No building or structure of any type may be located on any lot nearer than ten (10) feet of the front property line of that lot.  No structure or appurtenance shall be located nearer than five (5) feet of the rear or side property line on any lot. No structure may be located nearer than ten (ten) feet of the front or side bordering established roadways within the subdivision.

  • Fencing may be constructed in Unit I, Unit II and Unit III of any new fencing materials with the exception of barbed wire, which is absolutely forbidden. Lot owners desiring to erect fencing must first request and have written permission of the Woodland Harbor Property Owners Association before commencing construction of the new fencing unit.

  • In Unit 1, Unit II and Unit III, commercially manufactured travel trailers and self-contained motorized recreational vehicles may be used onsite subject to an inspection and acceptance of the unit on the site by a Woodland Harbor Property Owners Association.

  • Slide-In Pickup Campers may be used on a lot and only on a temporary basis but in all cases must be attached to the vehicle. It is strictly forbidden that any Slide-In Pickup Camper be used as a temporary residence if unattached to the vehicle. The vehicle and camper must be removed after a total of one (1) month of occupation on the lot site. The vehicle and camper may return after a two (2) month absence but in no circumstances can the vehicle and/or camper be located on the lot site for more than a total of six (6) months per calendar year.

  • New houses for permanent residence or recreational cottages may be constructed but only with Construction Documents approved by the Woodland Harbor Property Owners Association. This new home construction must be a minimum of 400 square feet of living space, excluding closets, porches, porticoes, and garages, properly finished on the exterior, the interior and with a waste disposal system that absolutely complies with the discharge statutes and regulations as required by the Texas Commission on Environmental Quality Rules and any federal, state or local authority.

  • Tents are not allowed in the subdivision except on a temporary basis. No tent, work shack, constructed or commercially fabricated garage or any other unsightly structure will be used as a residence or temporary residence at any time in any unit. No tent may be left unattended on any lot. All tents must be collapsed and removed after a seventy-two (72) hour period. An extension of the time allowed for a tent on the site may be allowed by a special permit issued by the Woodland Harbor Property Owners Association. Individual property owners erecting a tent as allowed are expected to provide their own portable sanitary facility or use the common area facilities in the pool area. There will be no exceptions to this requirement. A tent permit in the subdivision does not change or negate the sanitary requirements listed in this document which must be strictly observed.

  • All sanitary facilities including lavatories, toilets and/or any type of bath facility shall be enclosed and indoors. All of the described facilities must comply with local and state specifications, local and state health authorities’ requirements, the wastewater treatment requirements of the Texas Commission on Environmental Quality Rules and approved by the Woodland Harbor Property Owners Association. These requirements must be complied with before any unit for residence temporary or permanent can be occupied.

  • No lot may be used for outside storage of any item for any reason except during construction o a new residence or amenity. Any and all material stored on a lot premises must be located in an enclosed structure complete with roof and side enclosures. The storage facility must be of a new construction properly planned and constructed with the Woodland Harbor Property Owners Association’s approval. In all events, the storage facility must be located to the rear of the property and within the building set backs as previously defined. The allowance of exterior storage facilities does not in any manner or way place the Woodland Harbor Property Owners Association in any position of liability or responsibility with respect to any loss of property.

  • No animals, livestock or poultry of any kind shall be raised, bred, boarded or kept on any lot. Household pets are permitted. All dogs must be kept on owner’s property at all times, or on a leash. Pet owners are responsible or keeping their animal’s feces picked-up and disposed of in a proper waste handling manner, whether it is on their lot, neighboring lots, or in any of the subdivision common areas.

  • All automobiles placed on the premises must be in an operable condition, with all tires inflated, maintained in good condition both exteriorly and on the interior and used for transportation to and from the subdivision. The automobile must, when parked, be at all times within the confines of the property owner’s lot. Parking of visitors on the street is permitted for social gatherings or overnight guests. The street parked vehicles must be removed within a forty-eight (48) hour window from first arrival or at the time a social gathering is completed. In all instances, the street must remain clear to normal passage of the residents and other guests of the subdivision.

  • Discharge of any type of firearm within the subdivision for hunting or target practice is strictly forbidden. There will be no exceptions to this rule for any reason. Failure to obey and observe this rule will be brought to proper legal authority or its officers for immediate attention and resolution as provided by law.

  • No advertising signage will be allowed within the subdivision property. The only exception to this regulation is the permission to place a single real estate advertising sign in the yard or upon the residence to notify the public at large that the residence or lot is “For Sale.” Absolutely no commercial advertising signs of any type other than Garage/Yard sales and those being limited to Friday afternoon after 4:00 p.m. through Sunday at 5:00 p.m. time o closing will be permitted otherwise.

  • Absolutely no two (2) or three (3) wheel off road vehicles will be allowed to operate within the confines of the subdivision. Golf Carts are acceptable. Four (4) wheeler vehicles will be permitted so long as the tires are not of a type that will damage the road structure of the subdivision. No vehicle of any time will be allowed that does not have a proper muffler device or system approved by law.

  • Television Antennas are not permitted to be attached to any tree under any circumstances in the subdivision or any structure without written permission of the Woodland Harbor Property Owner Association.

  • No offensive or illegal activity of any type shall be conducted at or on any lot in Woodland Harbor. Any activity that has the potential to become annoying or that might be construed as a nuisance will not be permitted. Any such occurrence or violation will be promptly reported to the responsible law enforcement agency or officers serving that agency for appropriate action in behalf of subdivision community at large. Any property owner may report the alleged offense and request assistance.

  • A utility easement of five (5) feet from the lot rear property line and the lot side property lines and ten (10) feet from the lot front property line is hereby reserved by the Woodland Harbor Property Owners Association for the purpose of utility installation and general maintenance of such utilities as may be needed or required.  This easement will consist of the right of way, on, over or under the dedicated easement for installation and maintenance as is so needed or required. The construction of any structure, with the exception of approved fences, will not be permitted within the dedicated easement.

  • Any renter, a non-property owner, will be assessed a usage fee of $100.00 per year.

  • If a property owner sells their property, it is the Seller’s responsibility to contact Woodland Harbor Property Owners Association with the names and addresses of the new owners.

  • Membership in the Woodland Harbor Property Owners Association is not conditional, it is mandatory. The members of the Woodland Harbor Property Owners Association will be assessed annual dues and those dues are to be paid as so described in the Bylaws of the subdivision. A membership in good standing is conditional to the prompt payment of assessed fees. Each lot(s) owner, purchaser, his, her or their heirs or assigns understand, covenant and agree that the Woodland Harbor Property Owners Association shall and will have the right to file a lien upon the lot or lots owned in the event of non-payment of such dues, fines or assessments. These liens will include any charges in addition to the dues, fines or assessments which may include any and all filing fees and charges, court costs and reasonable attorney fees incurred with the needed legal collection actions.

  • The Rules, Restrictions, Covenants and Conditions herein contained in this document can and may be enforced by the Officers of the Woodland Harbor Property Owners Association, its successor(s), and assigns or by the owner of any lot in the Woodland Harbor Subdivision. This enforcement can and may be in the form of an injunction against the individual(s) who is/are the violating property owner(s) or pursued as a legal suit by a property owner for personal damages. It is important to be aware that only the Woodland Harbor Property Owners Association, its legal officers or its successors or assigns will retain the right to file suite for collection of Woodland Harbor Property Owners Association dues, fines or assessments and thereafter enter into foreclosure for the purpose of satisfying a lien granted into foreclosure for the purpose of satisfying a lien granted through the legal process.

  • The Rules, Restrictions, Covenants and Conditions stated, described and listed in this document are to apply to all land in the Woodland Harbor Subdivision without exception and shall and will be binding on all parties, entities, persons, heirs, or assigns claiming ownership or who possess the right of representation of any land for a period of five (5) years from the date accepted by the membership of The Rules, Restrictions, Covenants and Conditions and thereafter being impressed upon said described property. After the herein stated period of five (5) years, The Rules, Restrictions, Covenants and Conditions shall be automatically extended for an additional successive period of five (5) years unless an instrument created and agreed to be a majority of the lot(s) owners (one vote for each owner and one vote for spouse, regardless of number of lots owned) in the subdivision has been recorded in the proper legal manner agreeing to a change or changes in said Rules, Restrictions, Covenants and Conditions in a whole or as in part.

  • Small fires for recreation at social functions or for burning of small amounts of grass or small tree limbs is permitted within the rules and restrictions of the local authority of Camp County. The fire must be contained and enclosed with constant property owner supervision. A fire must never be left unattended for any reason at any time. An adequate method of extinguishing the fire must be present and available to the responsible property owner at all times during the time the fire is active or that embers remain in the fire area. There will be no exceptions to this rule.

  • The drilling of water wells by an property owner or any lot(s) in the subdivision is not permitted so long as there exists a domestic water supply available to the lot(s) provided by an acceptable source approved, licensed and regulated by the state. This restriction does not, however, prevent the Woodland Harbor Property Owners Association, its successors, assigns or nominees from drilling water wells on any of the property located in or near the subdivision for the purpose of providing an adequate water supply for the health and well being of the property owners and the aesthetic appearance of said subdivision. In any and all instances or conditions it will be necessary for any property owner desiring to drill a water well to request and receive written approval for the purpose of drilling such well(s) signed by an officer of the Woodland Harbor Property Owners Association.

  • The Woodland Harbor Property Owners Association through its duly elected officers is charged with the responsibility of collecting the dues, fines and assessments as so decided by a majority of the members by number (each owner has one vote and spouse one vote, regardless of number of lots owned). The dues are due and payable as so written in the Woodland Harbor Property Owners Association Bylaws. Failure on the part of a property owner to pay the dues within the proper grace period, will incur a fine of $20.00 per lot, due and payable immediately upon notification by the Woodland Harbor Property Owners Association of the fine. After a period of six (6) consecutive months of non-payment of the assessed dues and fines, the Woodland Harbor Property Owners Association has the right of covenant to file a lien against the said lot(s) as so provided under and within the law. The Woodland Harbor Property Owners Association may, at the time a lien is granted in favor of the Woodland Harbor Property Owners Association, proceed with foreclosure against the lot(s) to achieve and satisfy the collection of the past due monies owed the Woodland Harbor Property Owners Association.

  • The Woodland Harbor Property Owners Association, through its duly elected officers, is charged with the responsibility by enforcing the Rules, Restrictions, Covenants and Conditions as herein written and described. In the event that any property owner fails or ignores the Rules, Restrictions, Covenants and Conditions, the Woodland Harbor Property Owners Association is mandated to levy and enforce fines against the property owner on a per violation basis after a proper written notice of said violation(s) is remitted to the property owner by US Mail. The property owner in violation will have a grace period of ten (10) calendar days to correct any and all violations after which the assessment of the violation fine will begin. This fine will be assessed in the amount of $10.00 per calendar day per violation and is due and payable to the Woodland Harbor Property Owners Association Office on a per week basis of Monday through Sunday. In the event that the property owner ignores the levied fines and/or refuses to pay the fines, then after a period of thirty (30) days from the date o the assessed initial fine, the Woodland Harbor Property Owners Association has the right of covenant to file a lien against the said lot(s) to satisfy the collection of the past due monies owed the association and expel the former property owner from the subdivision by and with legal authority if so necessary. In the event that any item, portion or part of these Rules, Restrictions, Covenants and Conditions shall be declared as invalid by court order or legal court judgment, it shall not affect the validity and enforcement of any and all of the remaining provisions or portion thereof.

 

 

 

 

 

 

 

 

 

 

 

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