ANNOTATED INDEX
TO THE RESTRICTIONS, BY- LAWS, RULES AND REGULATIONS AT RIVERTREE
COMPILED BY LARRY AND ANN GOLDMAN,
139 Possum Haw Holly Trail, LOT 4, BLOCK II, RIVERTREE
EXPLANATION OF THE INDEX
The Rules and Regulations of RiverTree are many, diverse, and sometimes contradictory
plus often being vague. Unless a person has a photographic memory the rules are hard to find without reading
all of the documents. Also it is possible that one’s memory of what they say can fade.
The following is an attempt to help in finding things in all of these legal documents.
We have copied all of the documents and edited them to be like the originals. Some items in the Rules are
no longer valid:
1. Those related to Declarant
2. Those that have been amended and
3. A few that are statements of intentions (such as building a water works) that have been completed.
We have added some comments. If we found a word that was misspelled in the original
we noted this by putting (sic) after it. If you find any others not noted let us know. Comments by
us that explain certain items, such as a signature, we have placed in brackets [ ].
Words or paragraphs that have been changed by Amendments are in Green. Comments that
tell where these changes can be read, we have noted in brackets in Red .[Red].
The Index is an annotated Index. This means that instead of just a word, there are at times explanations
as well as the location of the item..
It is easy to miss something that should be Indexed. So if you see something that
you think should be in the Index, send me the information and I will try to put it into the Index.
To save space, physical locations in the documents have been abbreviated:
D II, 5, B, 3 Refers to Declarations Article II, Section 5, B, paragraph 3
BL refers to By-Laws
A1D, A2D etc. refer to the Amendments (First, Second, etc.) to the Declarations
A1BL, A2BL, etc. refers to the Amendments to the By-Laws
BD1, BD2, etc. refer to Board Decisions
ACC1, ACC2, etc. refer to published rules by the Architectural Control Committee
p means page
M refers to the Memorandum about the Walking Path along the Frio River
Click on the letter below to go to that part of the Index.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Amendment
Amendment of Declarations by 75% of an absolute majority D VI, 7
By-Laws amended by majority of members at meeting for that purpose BL 12
First Amendment to By-Laws A1, BL
First Amendment to Declarations A1, D1, 1
Second Amendment to By-Laws A 2, BL
Second Amendment to Declarations A3, D
Third Amendment to By-Laws A 3, BL
Third Amendment to Declarations A3, D
Animal Husbandry
All Pets either fenced or leashed at all times D II, 14
Animal Husbandry [except pets] Allowed on Two Acres or Larger D II, 31
Buildings for animals D II, 2A
Maximum of two of each type of Pet allowed D II, 14
No Breeding or Commercial uses of pets D II, 14
Limited to one (1) animal unit D II, 3, 3
Annexation of additional property or Common Area D VI, 9
Antenna
Antenna for other items allowed with restrictions A1D, p 2,1
Antenna for satellite allowed A1D p2,1
Architectural Control Committee D II, 5
30 Day approval limit – if no response in 30 days – automatically approved D II, 5, 4
ACC may request any necessary information for variances D II, 5, 6
Appointed by Board of Directors BL 7, 7.01
Building Guidelines ACC 1
Disapproval of variances D II, 5, 6
Has to approve all water well drilling A1D, 3
May do reasonable modifications to Restrictions D II, 5, 5 Must approve all construction D II, 5, 2
Must approve location of Motor Homes D II, 5, 4
No liability D II, 5,1
Response time requirements D II, 5, 4
Rules for variances D II, 5, 6
Storage Conditions Set by ACC D II, 12
Three members D II, 5 and BL 7, 7.01
Wants to respond in 30 days ACC 1
Articles of Incorporation [these contain incorporating items and nearly everything in the document is repeated elsewhere. ]
AI, I
Assessment
Amounts fixed 30 days before each calendar year D IV, 7, 2
Assessment agreed to by lot purchase D IV, 1
Assessment Regular: monthly and transfer fee D IV, 3 Assessment Set by BOD DIV, 4, 2
Assessment Unpaid will become Lien on the Lot D IV, 1
Calculating Monthly D IV, 4, 5
Charged by Association for doing Maintenance [see Maintenance] D II, 20
Collection of Monthly D IV, 4, 1
Discount D IV, 3C
Effect of non payment D IV, 8
Foreclosure for non payment D IV, 9, 1
Foreclosure Sale D IV, 9, 3
Late Fee D IV, 4, 4
Liens superior to other charges with certain exceptions D IV, 10
May include any legal fees D II, 20
May include other fees such as interest, legal fees, etc. D IV, 1
Monthly D IV, 3A
Monthly and Transfer may be changed by the Board D IV, 4, 2
Monthly fixed by the Board D IV, 4, 3
Notice of Lien D IV, 9, 2
Purposes D IV, 2, 1
Special for Capital Improvements D IV, 6, 1
Special Limited Amount, may be changed by vote of members D IV, 6, 2
Special may be levied D IV, 5
Transfer Fee to Association on transfer of lot ownership D IV, 3B
Uniform Rate D IV, 3D
Assistant Secretaries and Assistant Treasurers BL 6, 6.01 and BL 6, 6.09
Association: See Owners Association
ATVs (see also Motorized Vehicles )
ATVs and all non-electric vehicles allowed only on Common Area streets D II, 28c
ATVs and all non-electric vehicles restricted to the streets D II, 28c
ATVs and other non-electric vehicles prohibited on Hike and Bike Trails D II, 28c
Automobiles
Motorized vehicles not allowed on any Common Area except streets D II, 28c
Repairs to Automobiles allowed only in enclosed areas D II, 28a
Board of Directors
[Note that while Members Elect the BOD, BL 4, 4.01, the Officers are elected by the BOD and not by the members,
BL 6, 6.02 ]
Actions without a meeting: Rules for A2, BL, 2
Appointed Directors serve the unexpired term of predecessor BL 5, 5.03, 1
Approves additional committees and sets their rules BL 7, 7.02
BOD may set time and place of BOD meetings, except the Annual Meeting BL 5, 5.04
BOD to manage affairs of the Association D IV, 12 and BL 5, 5.01
Books and Records BL 9, 1
Budget copies must be sent to members 30 days prior to annual meeting BL 5, 5.11
Budget for year to be done by BOD BL 5, 5.11
Compensation:
No salaries for service BL 5, 5.09
Pay of fixed sum and expenses for meeting attendance allowed BL 5, 5.09
Compensation may be paid to Secretary, Treasurer, Assistant Secretary or
Assistant Treasurer BL 6, 6.10
Contract authorization BL 8, 8.01
Declaration superior to By-Laws in conflicts BL 15
Director may vote in person or by proxy BL 5, 5.08
Directors ceasing to be owners automatically removed BL 5, 5.03, 2
Elected by Members at the annual meeting BL 4, 4.01
Expenses and judgments to be paid by Corporation BL 5, 5.12
Increasing number of Directors, BOD appoints new, then elected BL 5, 5.03, 1
Liability: no one liable to the Corporation as Director or Officer if acting in good
Faith and reasonable manner BL 5, 5.13
No salaries for service BL 5, 5.09
Number of Directors is Five unless By-Laws are amended A1, BL
Power to do all the powers and duties not reserved to the members BL 5, 5.01
Proxy rules BL 5, 5.08
Quorum of BOD is a majority present (not proxies) BL 5, 5.07 and BL 5, 5.08
Regular Annual meeting of BOD held immediately after members meeting BL 5, 5.04
See Meetings for powers related to meetings
Special meetings at call of President or any two members BL 5, 5.05
Special meetings Notice rules BL 5, 5.06
Vacancies in BOD filled by vote of remaining Directors BL 5, 5.03, 1
Books and Records BL 9, 1
Available at the principle office of the Association BL 9, 1
Members entitled to inspect and get copies for a reasonable price BL 9, 1
Building Guidelines (See Building Rules)
Building Rules D II, 2A
Building Guidelines by ACC ACC 1
Building Guidelines: [Square Footage Requirements] D II, 6
Building Rules by ACC (including plans, colors, etc), ACC1, p 1
Color by ACC - ACC 1, p 1
Location of Structures on Lot D II 7,1
No Construction on Hike & Bike Trails D II, 7, 1
STRUCTURES
All structures must be completed within 6 months D II, 5, 2
Animal Buildings, etc. allowed on 2 acres or more D II, 2A
Approval (prior) by ACC required on all structures and improvements D II, 5, 2
Carport D II, 2A
Height: no structures to be higher than the main residential building D II, 2A
Placement on lot: restrictions for D II 7, 1
Private garage D II 2A Reasonable modifications may be made to rules at sole discretion of ACC D II 5, 5
Servants quarters or guest houses [maximum of 2 allowed] D II 2A
Shop building (s) [plural] D II 2A
Single family dwelling
Only 1 allowed D II, 2A
Two story maximum height D II, 2A
Square footage requirements vary by lot D II 6
Metal siding not allowed A1D, 1
Metal, other than siding, allowed D II 5, 2
ACC 1, p. 1
Colors must be earth tones D II 5, 2
ACC 1, p. 1
Storage building (s) [plural] D II 2A
May be built before primary residence D II 2C
By-Law Articles:
Article 1 Name and Officers BL 1, 1.01 Article 2 Definitions BL 2, 2.01
Article 3 Members and Voting Rights BL 3
Article 4 Meeting of Members BL 4, 4.01
Article 5 Board of Directors BL 5, 5.01
Article 6 Officers BL 6, 6.01
Article 7 Committees BL 7, 7.01
Article 8 Contracts, Checks, Deposits, and Funds BL 8, 8.01
Article 9 Books and Records BL 9
Article 10 Assessments BL 10
Article 11 Corporate Seal BL 11
Article 12 Amendments to By-Laws BL 12
Article 13 Waiver of Notice BL 13
Article 14 Fiscal Year BL 14
Article 15 Conflicts BL 15
Carport D II 2A
Checks and Drafts BL 8, 8.02
Colors Required on buildings D II, 5, 2
Commercial Uses D II, 3, 1
Committees
See Architectural Control Committee
Other committees appointed by President, approved by BOD BL 7, 7.02
Common Areas
All Streets part of Common Area D VI, 13
Association can make rules for use for Common Area D VI, 3d
Association may transfer Common Area to other Public Agencies D VI, 3c
May be added to by Annexation D VI, 9
Members Right to Use D VI, 3
Owner may delegate Right of Use D VI, 5
Right of Use Suspended for Unpaid Assessments D VI, 3a
Compensation
May be paid to Secretary, Treasurer, Asst. Treasurer BL 6, 6.10
No Salaries to BOD for service BL 5, 5.09
Pay of fixed sum and expenses to BOD allowed for meeting attendance. BL, 5, 5.09
Composite Lots D II 8,A
Continuous Occupancy
(Definition has been discussed but never decided on.)
Required in 30 Day Stay Motor Homes D II, 2, B, 2
Corporate seal not required BL 11
Declaration
Declaration Articles:
Article I Definitions D I, 1
Article II Use Restrictions D II, 1
Article III Owners Association D III, 1
Article IV Assessments and Charges D IV, 1
Article V Water System D V
Article VI General Provisions D VI, 1
Article VII Dispute Resolution D VII, 1
Superior to By-Laws in conflicts BL 15
Definitions:
Association, D I, 1 and BL 1, 1.01 and BL 2, 2.01
Committee D I, 2
Common Area D I, 7 and BL 2, 2.03
Continuous Occupancy
Corporation BL 1, 1.01
Declarant D I, 8 and BL 2, 2.04 Declaration D I. 9 and BL 2, 2.07
Front Yards D II, 7, 2
Livestock D II, 3, 2
Lot D I, 6 and BL 2, 2.05
Member BL 2, 2.08
Motor Homes D II, 2, B, 3
One Animal Unit
Owner D I, 3 and BL 2, 2.06
Plat D I, 4 and BL 2, 2.09
Poultry D II, 3, 3
Property D I, 5 and BL 2, 2.02 and BL 2, 2.10
Ratites D II, 3, 2
Water Company D I, 10
Deposits BL 8, 8.03
Dispute Resolution, Rules in detail D VII
[Basically this section requires arbitration to settle disputes and details the steps and requirements of the
arbitration.]
Drainage- D II, 27
Easements
Easements – No Liability for Damages D II, 9, 1
Easements for Utilities - Restrictions D II, 9, 1
Electric powered vehicles exempted from motorized vehicle restrictions D II, 28c
Enforcement, Right to D VI, 1
Engines: Restrictions on River D II, 26
Excavation not allowed D II, 25
Fences
All fences, walls, or hedges must be prior approved by the ACC D II, 15
Fences cannot block Hike and Bike trails D II, 15
Fences for animals D II, 3, 4
Fences not allowed in front yard set back D II, 7, 1 ; D II, 15
No fence, wall or hedge can be higher than seven feet D II, 15
Finances
BOD to manage affairs of the Association D IV, 12 and BL 5, 5.01
Budget copies must be sent to members 30 days prior to annual meeting BL 5, 5.11
Budget for year to be done by BOD BL 5, 5.11
Checks and Drafts BL 8, 8.02
Contracts BL 8, 8.01
Deposits BL 8, 8.03
Fiscal Year BL 14
Gifts to Corporation BL 8, 8.04
Firearms not to be discharged D II, 23
Fiscal Year BL 14
Foreclosure for non payment of Assessments D IV, 9, 1 [See Assessment]
Garage D II 2A
Gifts to Corporation BL 8, 8.04
Guest Houses (see Building Rules, Structures )
Guests of owners may enjoy Common Area D VI, 5
Height restrictions on buildings (see Building Rules )
Houses or homes (see Building Rules, Structures )
Improvements
All improvements require prior approval by the ACC D II, 5, 2 Improvements location on lot D II, 7, 1
Improvements not allowed in front yard set-back D II, 7, 1
Incorporation, Articles of AI, I
Insurance for Liability D IV, 11
Interpretation rule amended to read correctly A1D, 4
Internal Combustion Engines not allowed on waterways D II, 26
Invalidation – if some restrictions are invalidated, it does not change others D VI, 2
Law--all governmental rules must be followed. D II, 28 e
Lien, notice of D IV, 9, 2 [See Assessment ]
Liability
No Liability for damages in easements. D II, 9, 1
No one liable to the Corporation as Director or Officer if acting in good faith and reasonable manner BL 5, 5.13
Location of Improvements on the Lot D II, 7, 1
Lot maintenance standards BD 1
Maintenance
Damages Cleared, 6 months D II, 22
Maintenance of yards and common areas D II, 21
No Execavations, except as necessary. D, II, 25
No Maintenance of Vehicles except in enclosed structures. D, II, 28a
Owner’s responsibility [includes maintenance of improvements on the lot, removal of debris, mowing of grass and weeds etc. The Association is to do it if owner does not, and assess the owner for the cost] D II, 20
Standards for Lot Maintenance BD 1
Membership in the Association is automatic for every owner of record AI, VI
Members Right to Enjoyment with certain provisions [see Rights ] D VI, 3
Metal siding not allowed A1D, 1
Meetings
Annual meetings begin on Saturday before Memorial Day. A 2 BL, 1
Annual meetings must be on same day of same month each year after 1995 BL 4, 4.01
Annual meetings to begin at 10; 00 AM BL 4, 4.01
BOD may have Directors or Officers elected by mail BL 4, 4.07
BOD may set time and place of BOD meetings, except the Annual Meeting BL 5, 5.04
Notice of : BL 4.04
Place of meeting may be changed BL 4, 4.03
Proxies for Meetings of Members BL 4, 4.06
Purpose of Annual Meeting is to elect BOD and do other business BL 4, 4.01
Quorum for Members’ meetings is 1/3 of the votes of the membership BL 4, 4.05
Regular Annual meeting of BOD held immediately after members meeting BL 5, 5.04
Special meetings can be called by BOD or 10% of voting members BL 4, 4.02
Mining Operations Prohibited D II, 13A
Motor Homes
Location Rules A 3, D. 1
Motor Home Defined D II, 2, B, 3
Motor Home Four (4) month use D II, 2, B, 1
Motor Home Location on Lot Must be approved by ACC D II, 5, 4
Motor Home Thirty (30) day use -- A 3, D,1, 1
Motorized vehicles (see also ATVs )
No Internal combustion engines on the River D II, 26
Not allowed on any Common Area except streets D II, 28c
Mowing
Mowing may be done by Association and owner assessed for cost D II, 20
Mowing of lot required D II, 20
Standards for Lot Maintenance BD 1
Non-electric vehicles restricted to the streets only D II, 28c
Office
Principle Office of the Association in Hunt, Texas BL 1, 1.02
Registered Office may be changed by the BOD BL 1, 1.03
Registered Office must be same as address of registered agent BL 1, 1.03
Officers of the Corporation (Association)
Assistant Secretaries and Assistant Treasurers BL 6, 6.01 and BL 6, 6.09
BOD may elect or appoint other officers as needed BL 6, 6.01
Compensation may be paid to Secretary, Treasurer, Assistant Secretary or Assistant
Treasurer BL 6, 6.10
Elected annually by the BOD at regular annual meeting of BOD or as soon thereafter
as possible BL 6, 6.02
May hold two or more offices, except President and Secretary BL 6, 6.01
Officers may be removed by BOD BL 6, 6.03
Other officers elected or appointed by BOD given duties by BOD BL 6, 6.01
President: powers and duties BL 6, 6.05
Secretary: powers and duties BL 6, 6.08
Treasurer: powers and duties BL 6, 6.07
Vacancies filled by BOD BL 6, 6.03
Vice-President: powers and duties BL 6, 6.06
Omissions and misspellings, etc. supplied by inference D VI, 11
One Animal Unit D II, 3, 3
[ Defined by BOD to mean 1 type of animal. Example: you can’t have both goats and sheep, but can have a
plurality of one or the other. ]
Owners Association D III, 1
Classes of Voting, Membership D III, 2 , 2 See Also Voting
Control of Visual Attractiveness DVI, 3 j
Garbage Collection D VI, 3g
May borrow money D VI, 3c
Membership D III, 1
Principle office in Hunt, Texas BL 1, 1.02 [See Office]
Purposes of the Association AI, V, 1
Regulation of Noise DVI 3, I
Right to Security System D VI, 3 g
Rights related to Common Areas (See Common Area)
Street Lighting DVI, 3 g
Traffic & Parking Rules D VI, 3 H
Voting rights D III, 2, 2
Pets
Must be fenced or leashed at all times D II, 14
Only two of each kind allowed D II, 14
Ponding not allowed D II, 27
Portable Buildings Not Allowed D II, 11
President: powers and duties BL 6, 6.05
Principle Office of the Corporation is in Hunt, Texas BL 1, 1.02
Propane
Propane tanks above ground waiver of restrictions approved by ACC ACC 1, p 2
Propane tanks for homes not allowed above ground –see waiver above D II, 28d
Propane tanks on RVs and cookers and camping gear allowed D II, 28d
Reimbursement of expenses or judgments for directors, officers, agents, or employees of the Corporation BL 5, 5.12
Registered agent of the Corporation BL 1, 1.03
Registered Office of the Corporation BL 1, 1.03
Repair to vehicles allowed only in enclosed areas D II, 28a
Replat, See Resubdivision
Restrictions
On Commercial Uses D II, 3
On Construction D II, 2, A
On Motor Homes D II, 2, B
On Placement of Motor Homes D II, 5, 4
On Storage Buildings D II, 2, C
Resubdivision D II, 8, B
Rights
of Association to borrow money D VI, 3f
of Association to control visual attractiveness of the Property D VI, 3j
of Association to have a garbage collection system D VI, 3g
of Association to have exterior lighting for all streets D VI, 3g
of Association to have private security system D VI, 3g
of Association to make rules as BOD may determine D VI, 3d
of Association to regulate noise and prohibit use of noisy devices D VI, 3i
of Association to set traffic and parking rules D VI, 3h
of Members to enjoy Common Areas D VI, 3
of Owner to delegate his rights of enjoyment D VI, 5
to Common Areas suspended if assessment unpaid D VI, 3b
to dedicate or transfer Common Areas to public agencies D VI, 3c
to suspend use of Common Areas for 60 days per rule broken D VI, 3b
to vote suspended if have assessment against lot D VI, 3a
Rules
Right to enforce DVI, 1
Rules binding on all parties, D p 1, 5
Salaries , see Compensation
Secretary: powers and duties BL 6, 6.08
Septic Tanks D II, 19, 3
Servants quarters (see Building Rules, Structures)
Sewer service responsibility of owner D II, 19, 3
Shop building (s) (see Building Rules, Structures )
Signs
Lot For Sale Signs allowed -3 square feet max D II, 17
Name Signs Allowed 3 Sq. Ft. D II, 3, 1
None allowed for Trade D II, 10
Rent Signs Same as for Sale D II, 17, 1
Storage (see also Building Rules)
Conditions are set by ACC D II, 12
Items Screened from View D II, 12
of materials, trash, etc. D II, 16
of trash containers behind screening ACC 1
of Vehicles D II, 12
Storage rules by ACC for propane tanks ACC 1, p2
Storage rules, right to make rules about construction D VI, 3d
Streets, all streets are private and part of the Common Area D VI, 13
Structures (rules for etc, see Building Rules, Structures)
Tax Exempt Status –Association will do nothing to endanger this status AI V, 2
Temporary Structures Not Allowed D II, 11
Tenants
Non-Owner Occupants must be given complete copy of Declaration D II, 4
May render professional services of personal nature D II, 10
Owner may delegate rights to Common Areas to tenants D VI, 5
Size of For Rent signs restricted D II, 17, 1
Thirty Day Approval Limit on ACC Decisions D II, 5, 4
Towing of vehicles -- See vehicles.
Trade
No Signs Allowed D II, 10
Personal Professional Services Allowed D II, 10
Prohibited D II, 10
Transfer Fee paid to Association when lot is sold or transferred. D IV, 3B
[ see Assessment ]
Trash
Trash assessment charged if removed by Association D II, 16
Trash burning is prohibited D II, 16
Trash can guidelines by ACC ACC 1
Trash cans must not be exposed to public view D II, 28b
Trash in sealed containers approved by ACC D II, 16
Treasurer: powers and duties BL 6, 6.07
Variances, Rules concerning D II, 5, 6
Vehicles (see also Motorized Vehicles and ATVs )
No Maintenance of Vehicles except in enclosed structures. D, II, 28a
Subject to Towing & Impoundment: RVs in Common Areas – Unregistered RVs Parked in Lot 6 -- A 3 BL 3
Walking Path along the Frio River excludes all vehicles. M1
Vice-President: powers and duties BL 6, 6.06
Voting
BOD may have Directors or Officers elected by mail BL 4, 4.07
Cumulative voting is not allowed BL 4, 4.08
Declarants voting rights have ended. D III, 2, 4
Each Lot or combined Lot entitled to one vote D III, 2, 2
Purpose of Annual Meeting is to elect BOD and do other business BL 4, 4.01
Quorum for Members’ Meetings is 1/3. BL 4, 4.05
Waiver of Notice BL 13
Walking Path
Walking Path Easement along the Frio River M1
Walking Path along the Frio River excludes all vehicles. M1
Walls
Restrictions About (Location, Height, Approval by ACC) D II, 15
Water
Water service within lot is responsibility of the owner D II, 19, 1
Water wells may be drilled on lots of 2.75 acres D II, 19, 2
Water well drilling requires prior approval by the Committee A1D, 3
Water Works
Water Works Lot Set Aside D II, 3 , 5
Water Works to be run by a Water Company D II, 19, 1
Wildlife sanctuary at RiverTree D II, 24
AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
RIVERTREE SUBDIVISION
THE STATE OF TEXAS §
COUNTY OF REAL § return to Index
WHEREAS, THE ESTATES OF RIVER TREE, LTD., a Texas limited partnership, as Declarant, has previously filed of
record that certain Declaration of Covenants, Conditions and Restrictions for the RiverTree Subdivision (the “Original
Declaration”) recorded in Volume 20, Pages 424—455, of the Real Property Records of Real County,
Texas, which Original Declaration imposed upon the RiverTree Subdivision the covenants, conditions and restrictions
therein set forth; and
WHEREAS, the Original Declaration provides the same may be amended by an instrument signed by the Owners of not
less than seventy—five percent (75%) of the total votes of each class of membership of The Estates of RiverTree
Owners Association, Inc. (the “Association”); and
return to Index
WHEREAS, the Declarant and the other undersigned Owners desire to amend the Original Declaration and to restate
the Original Declaration, as amended, with the intent that the Original Declaration, as amended and restated,
shall supersede and replace in its entirety the Original Declaration;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the undersigned, THE ESTATES OF RIVER TREE, LTD., a Texas
limited partnership, the owner of all the votes of Class B of the Association, and the other undersigned Owners,
the owners of not less than seventy-five percent (75%) of the total votes of Class A of the Association, in order
to carry out a general plan of development of said subdivision (herein sometimes called the “subdivision”),
and in order to promote desirable residential living and limited commercial purposes in said subdivision, to
insure harmony in connection therewith, to maintain the suitability of said subdivision for private residential
purposes and limited commercial purposes, to carry out a general plan for the protection, benefit, use, recreation
and convenience of each and every purchaser of a tract or parcel of land in said subdivision, hereby amend and
restate the Original Declaration and hereby impose the following covenants, conditions and restrictions, to—wit:
W I T N E S S E T H:
return to Index
The undersigned hereby declare that all of the Property (as hereinafter defined) shall be held, sold and conveyed
subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting
the value and desirability of, and which shall constitute covenants running with, the real property, shall be
binding on all parties having any right, title or interest in the Property or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof, the Estates of RiverTree Owner?s
Association, Inc., and their respective heirs, executors, successors and assigns.
ARTICLE I
DEFINITIONS
return to Index
Section 1: “Association” shall mean and refer to The Estates of RiverTree Owner?s Association,
Inc., a Texas non—profit corporation, its successors and assigns. The Association shall have all those
powers, duties and responsibilities set out herein, and such other powers, duties and responsibilities not inconsistent
herewith provided for in its Articles of Incorporation and its Bylaws as the same may be amended from time to
time by proper action of its members. [see also BL 1, 1.01 ]
Section 2: “Committee” shall mean and refer to the Architectural Control Committee designated
and constituted as provided herein.
Section 3: “Owner” shall mean and refer to the record owner, whether one or more persons or
entitles, of a fee simple title to any Lot which is a part of the Property, including contract seller(s), but
excluding those having such interest merely as security for the performance of an obligation. [see also
BL 2, 2.09 ]
return to Index
Section 4: “Plat” shall mean and refer to both (A) the subdivision plat for RiverTree Subdivision,
Phase I, recorded. in Volume 1, Pages 105-107, of the Plat Records of Real County, Texas, and (B) the subdivision
plat for RiverTree Subdivision, Phase II, recorded in Volume 1, Pages 108-109, of the Plat Records of Real County,
Texas. [see also BL 2, 2.06 ]
Section 5: “Property” shall mean and refer to all of the land shown and described on the Plat.
[See also BL 2,2.02]
Section 6: “Lot” shall mean and refer to each lot shown or designated on the PJ.at of RiverTree
Subdivision to which map or plat reference is here made for all purposes and any additional lots shown or designated
upon any subsequent replat of any lot shown on the Plat. [see also BL 2, 2.05 ]
Section 7: “Common Area” shall mean all property together with any improvements thereon owned by
the Association for the common use and benefit of the Owners. The Common Area shall include and be limited to
the land designated on the Plat or any replat as “Common Area” including the “Hike and Bike
Trail Common Area” and the private streets shown on the Plat (or any replat). [see also BL 2, 2.01 ]
return to Index
—2—
return to Index
Section 8: “Declarant” shall mean and refer to The Estates of River Tree, Ltd., a Texas limited partnership,
and its successors and also its assignee if such assigns are designated in writing as i~n assignee of the rights
of Declarant set forth herein. [see also BL 2, 2.04 ]
Section 9: “Declaration” shall mean this Amended and Restated Declaration of Covenants, Conditions
and Restrictions. [see also BL 2, 2.07 ]
Section 10: “Water Company” shall mean either an investor-owned utility or a water supply corporation
regulated by the Texas Natural Resource Conservation Commission (‘TNRCC”), which will own the central
water system servicing the Property.
ARTICLE II
USE RESTRICTIONS
Section 1: Limited Use: Each lot shall be restricted to the residential and limited commercial uses permitted
herein. No other uses are permitted.
Section 2: Residential Use:
return to Index
A. Construction. No building shall be erected, altered or permitted to remain on any Lot (or any resubdivision
thereof) other than one single-family residential dwelling not exceeding two (2) stories in height, which may
have a private garage, carport, up to two (2) bona fide servants’ or guest quarters, shop building (s)
and storage building (s). On Lot(s) containing two (2) or more acres of land, there is also permitted structures
designed to accommodate ratites, poultry or livestock, as permitted herein. None of such structures shall exceed
the main residential dwelling in height.
B. Motor Homes. Further, motor homes may be occupied for residential use on a temporary basis not to
exceed four (4) months in any one stay on the following Lots only: Lots 2, 3, 4, 5, 7, 8, 9 and 10.
Block 1, and Lots 1, 2, 3, 4, and 5, Block 2 of Phase I, as shown on the Plat Any motor home located on
any such Lot ( whether or not occupied) for more than four months is required to be removed from the subdivision
or parked unoccupied on Lot 6, Block 1, Phase I (or such other location as may be designated by the Committee)
for not less than thirty days between each such occurrence.
[The following paragraph is totally replaced by the third Amendment. The main change is highlighted below. To
read the change, click GO.]Short term, continuous occupancy of a motor home, not to exceed 30 days in one stay,
will, be allowed on the remainder of the subdivision, subject to approval by the Committee as to location; provided
however, the Committee may not allow such location in close proximity to any residential structure being used
as a primary residence (as opposed to weekend or resort use). At the earlier of (A) cessation of continuous
occupancy by Owner or Owner’s guest or (B) at the expiration of 30 days, the motor home must be removed
from the Lot and either 1) parked unoccupied on Lot 6, Block 1, Phase I (or such other location as may be designated
by the Committee) or,2) removed from the subdivision.
As used herein, “motor home is defined to include the following:
return to Index
(1) a motor vehicle which is designed to provide temporary living quarters and which is built onto as an integral
part of, or is permanently attached to, a motor vehicle chassis and otherwise satisfies the requirements or definition
of a “motor home” under the Motor Vehicle Commission Code of the State of Texas, Art. 4413(36), as
the same may be amended;
(2) recreational travel trailers designed to be towed by an ordinary motor vehicle; and
(3) camper trailers (including “pop-ups”).
“Motor home” does not include a mobile home or manufactured home, and no mobile home or manufactured
home may be permitted on the Property.
C. Storage Buildings. Storage buildings, as approved by the Committee, may be constructed prior to
construction of the primary residence.
return to Index
Section 3: Limited Commercial Uses: The limited commercial uses of orchards, vegetable, herb, or flower farms,
hay farms, small cottage industries, and the raising of ratites, poultry or livestock (as limited hereby) are
permitted on any Lot(s) containing not less than two (2) contiguous acres of land as long as such activity is
in conjunction with residential use and does not attribute to the Lot(s) any appearance of a commercial or nonresidential
use and no sign other than a name sign not to exceed three (3) square feet in size is displayed.
As used herein, “ratites” means emus, rheas and ostriches; “poultry” means domestic f
owl; and “livestock” means cattle, horses, sheep and goats. Hogs and swine are not permitted and
are not included in the definition of “livestock”.
Permitted livestock shall be limited to one (1) animal unit for each two (2) acres of land.
All ratites, poultry and permitted livestock shall be confined within fences, pens or buildings suitable for
the particular species and not allowed to run loose.
Further, Lot 6-A, Block 1, of Phase I, may be used for a water works plant and facility and for storage of related
equipment.
return to Index
—4—
return to Index
Section 4: Non-Owner Occupancy of Residence: When a Lot is used as a primary residence by persons other
than the Owner thereof, the Owner shall deliver to such occupants a complete copy of this Declaration.
Section 5: Architectural Control: The Architectural Control Committee (“Committee”) is hereby created
and shall consist of three (3) persons subject to appointment and removal by Declarant until such time as Declarant
has sold 80% of the Lots in the subdivision, as shown on the Plat; and thereafter appointment and removal of
the three (3) persons shall be by the Board of Directors of the Association. Declarant reserves the right to
delegate the power of appointment and removal to the Board of Directors at such earlier time as Declarant deems
advisable. Neither the Declarant nor the Association nor the Committee nor the individual members thereof shall
be liable for any act or omission in performing or purporting to perform the functions delegated hereunder. All
actions of and by the Committee shall be by a majority vote of the Committee?s members; provided, however, that
the three (3) Committee members may appoint one of the members to act on behalf of the Committee as to all matters
other than variances permitted by this Declaration.
No buildings, walls, hedges, fences or improvements of any character shall be erected or placed or the erection
thereof begun, or changes made in the design thereof after original construction, on any Lot or Common Area until
the construction plans and specifications and a plan showing the location of the structure or improvements
have been submitted to and approved in writing by the Committee, as to size, roof pitch, exterior type and quality
of material, harmony of external design, materials and color scheme with existing and proposed structures and
as to location with respect to topography and finish grade elevation and otherwise as to compliance with this
Declaration. As to color scheme, colors shall be “earth tone” or comparable colors approved by the
Committee. Any portion of the exterior of an improvement that is other than brick or stone shall be stained
or painted. All dwelling structures must be built on site and all metal exterior materials shall be galvalume
or better grade and durability. [this has been changed by Amendment 1-- to read the change click GO] The exterior
of any approved structure shall be completed within six (6) months after the date in which construction begins
or material placed on the building site, which ever occurs first. The approval of any construction that
is not commenced within six (6) months after approval by the Committee shall be void.
return to Index
Further, except to the extent otherwise permitted by this Declaration, no motor home shall be placed on any lot
unless and until approved by the Committee as to location, as provided elsewhere in this Declaration.
5—
return to Index
In the event the Committee fails to indicate its approval or disapproval within thirty (30) days after the receipt
of the required documents, approval will not be required and the related covenants set out herein shall be deemed
to have been fully satisfied. The approval or lack of disapproval by the Committee shall not be deemed to
Constitute any warranty or representation by such Committee including, with limitation, any warranty or representation
relating to fitness, design or adequacy of the proposed construction or compliance with applicable statutes,
codes and regulations.
Notwithstanding anything to the contrary herein contained, a majority of the Committee is hereby authorized and
empowered, at its sole and absolute discretion, to make and permit reasonable modifications of and deviations
from any of the requirements of this Declaration relating to the type, kind, quantity or quality of the building
materials to be used in the construction of any building or improvement on any Lot and of the size and location
of any such building or improvement when, in the sole and final judgment and opinion of a majority of the Committee,
such modifications and deviations in such improvements will be in harmony with existing structures and will not
materially detract from the aesthetic appearance of the Property and its improvements as a whole.
return to Index
The Committee may require the submission to it of such documents and items (including as examples, but without
limitation, written request for and description of the variances requested, plans, specifications, plot
plans and samples of materials) as it shall deem appropriate in connection with its consideration of a request
for a variance. If a majority of the Committee shall approve such request for a variance, the Committee shall
evidence such approval, and grant its permission for such variance. only by written instrument, addressed to
the Owner of the Lot(s) relative to which such variance has been requested, describing the applicable restrictive
covenant(s) and the particular variance requested, expressing the decision of the Committee to permit the variance,
describing (when applicable) the conditions on which the variance has been approved (including as examples, but
without limitation, the time limitation of such approved variance, if any, the type of alternate materials to
be permitted, or specifying the location, plans and specifications applicable to an approved outbuilding), and
signed by a majority of the then members of the Committee. Any request for a variance shall be deemed to have
been disapproved for the purposes hereof in the event of either (a) written notice of disapproval from the Committee;
or (b) failure by the Committee to respond to the request for a variance. In the event the Committee or
any successor to the authority thereof shall not then be functioning and/or the term of the Committee shall
have expired, no variances from the covenants of this Declaration shall be permitted, it being the
intention of Declarant that no variances be available except at the discretion of the Committee.
return to Index
-- 6 –
return to Index
Section 6: Minimum Square Footage Within Residential Improvements: The living area of the main residence
structure (exclusive of porches, garages and servant’s quarters) shall not be less than (A) one thousand
two hundred (1,200 square feet for Lots 1 through 23, Block Seven (7), in Phase II of the subdivision, as
shown on the Plat, and (B) five hundred square feet for Lots 2, 3, 4, 5, 7, 8, 9 and 10, Block One (1),
and Lots 1, 2, 3, 4, and 5, Block Two (2) in Phase I of the subdivision, as shown on the Plat and (c)
eight hundred (800 square feet for the remainder of the subdivision. The above restrictions shall not apply to
motor homes approved by the Committee and used for temporary occupancy, as permitted and provided elsewhere
in this Declaration.
Section 7: Location of Improvements Upon the Lot: Front yard setbacks for buildings and other improvements shall
be not less than twenty-five (25) feet from the street right-of-way line; and side yard and rear yard setbacks
shall not be less than fifteen (15) feet from the side property lines; provided that no structure intended
to house any ratites, poultry or livestock shall be closer than fifty (50) feet to any dwelling or to any rear
or side Lot line. Further, no improvements (including fencing, shrubbery, landscaping or other improvements)
shall be placed on any area designated on the Plat (or any replat) as “Hike and Bike Trail Common Area” that
obstructs the common access and use of said areas. [see also D II, 15 ]
return to Index
As used herein, “front yard” shall mean and refer to that part of each Lot from the adjacent street
right-of-way line to the front building setback line; and on corner Lots, the front yard shall be all that area
on both adjacent street rights-of-way to the building setback line of each such Lot.
Section 8: Adjoining Lots and Resubdivision:
A. Composite Building Site. Any Owner of one or more adjoining Lots or portions thereof may consolidate
such Lots or portions into one building site, with the privilege of placing or constructing improvements on such
site, in which case side setback lines and utility easements as provided in this Declaration shall be measured
from the resulting side property lines rather than from the Lot lines shown on the recorded Plat. Any such proposed
composite building site(s) must be approved in writing by the Committee.
B. Resubdivision or Replat. A Lot may be resubdivided provided each of the resubdivided Lots either (1)
contains not less than one (1) acre of land and has street frontage of not less than one hundred (100) feet,
or (2) is joined with an existing adjacent Lot to create a new Lot.
return to Index
—7—
return to Index
Section 9: Easements. Easements for utilities are as shown and provided for on the Plat and no structure
of any kind shall be erected upon any of said easements. Neither the Association, nor any utility company using
the easements, shall be liable for any damage done by either of them or their assigns, their agents, employees
or servants to shrubbery, trees, flowers or improvements of the Owner located on the land within or affected
by said easements.
A blanket easement is hereby created on all Lots and the Common Area for ingress and egress, installation, repair,
construction, replacement and maintenance of all utilities, including but not limited to, water, telephone and
electricity. In the event that any utility company or other entity or person furnishing a service covered by
the general easement herein provided requests a specific easement on the Property by separate recordable instrument,
the Association shall have the right to grant such easement on said Property without conflicting with the terms
hereof, provided that the granting of any such easement does not adversely affect any mortgage theretofore given
to secure either a purchase money or improvement loan on any Lot affected by such easement.
Without limiting the foregoing, a blanket easement is hereby created in favor of the Declarant and its assigns
over the Property (including the private streets comprising a part of the Common Areas) for access through the
Property and for the inspection, maintenance, repair, replacement, construction, reconstruction and operation
of the water storage and water distribution lines and system within the Property, the title to which water storage
system and water distribution system is to be conveyed to the Water Company by Declarant.
return to Index
Section 10: Prohibition of Trade and Offensive Activities:
Except as provided in Article II, Section 3 above, no Lot or any improvement(s) thereon shall be used for any
commercial purpose, except that nothing herein shall be construed to prevent an Owner or tenant of an Owner from
rendering professional services of a purely personal nature as long as services do not attribute to the Lot any
appearance of a commercial or non-residential use and no sign of any nature is displayed.
Section 11: Use of Temporary Structures: Except for motor homes on a temporary basis as set forth in Article
II, Section 2, no structures of a temporary character, mobile home, camper, trailer, basement, tent, shack, garage,
barn or other outbuilding shall be used on any Lot at any time as a residence. Portable buildings used for
accessory or storage purposes shall not be permitted on any Lot. Notwithstanding anything to the contrary
herein contained, temporary structures or trailers may be used by Declarant or its assigns as storage and for
sales offices during construction periods. Such structures or trailers shall be sightly and shall be removed
immediately after completion of construction and shall be subject to the prior approval of the Committee.
Section 12: Storage of Automobiles, Boats, Trailers and Other
Vehicles: Except only for storage permitted by the Committee within the Common Area which may be designated for
such purposes by the Committee, no boat trailer, boats, travel trailers, inoperative automobiles, campers, motor
homes or vehicles of any kind shall be semi-permanently or permanently stored on the Common Area, Common Area
streets or within any building setback lines. Storage of such items and vehicles must be screened from public
view, within the garage or such other such area as may be from time to time designated and approved by the Committee.
All such storage in an area designated by the committee shall meet all conditions of storage as approved by the
Committee.
Section 13: Mineral Operation; No oil drilling, oil development operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any Lot or Common Area, nor shall any tanks, tunnels, mineral
excavation, or shafts be permitted upon or in any Lot or Common Area. No derrick or other structures designated
for the use of boring for oil or natural gas shall be erected, maintained, or permitted upon any Lot or Common
Area.
return to Index
Section 14: Animal Husbandry: Except as permitted in Article II
above, no animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot; provided that dogs,
cats or other common household pets of the domestic variety may be kept provided that they are not kept, bred
or maintained for commercial purposes and provided that no more than two (2) of each type animal is kept. All
pets shall be on leash(es) at all times except when they are confined within the premises on the Lot of the Owner.
Section 15: Walls. Fences and Hedges: No wall, fence or hedge shall be erected or maintained within
the front yard setback line of a Lot or that obstructs access to any Hike and Bike Trail Common Area. No
side, or rear fence, wall or hedge shall be more than seven feet (7') in height. Any wall, fence or hedge
erected on a Lot shall pass ownership with title to the Lot and it shall be Owner?s responsibility to maintain
said wall, fence or hedge thereafter. No walls fences and/or hedges shall be erected or maintained on any
Lot within the Property without the prior written consent of the Committee.
Section 16: Storage of Materials; Accumulation of Trash, Etc.: Owners shall in no event use any Lot
for storage of material and equipment except for normal residential or permitted commercial requirements or incident
to construction of improvements thereon as herein permitted. No garbage or trash shall be placed or kept on any
Lot or Common Area except in covered containers of a type, sizeand style approved by the Committee. The
accumulation of garbage, trash or rubbish of any kind or the burning of any such materials is prohibited. .
In the event of default on the part of the Owner or occupant of any Lot in observing the above requirements or
any of them, such default continuing after ten (10) days? written notice thereof, the Association or its assigns
may, without being under any duty to so do or liability, in trespass or otherwise, for so doing, enter upon said
Lot, and remove or cause-to be removed, such garbage, trash and rubbish or do any other thing necessary to secure
compliance with these restrictions and to place said Lot in a neat, attractive, healthful and sanitary condition.
The Association may assess the owner or occupant of such Lot for the actual cost of such work including legal
fees incurred by the Association in connection with such default and assessment. The Owner or occupant, as the
case may be, agrees by the purchas~ or occupation of the Lot to pay such statement immediately upon receipt thereof.
In the event any such charge shall remain unpaid for thirty (30) days after written notice thereof, such charge
shall be added to and become a Special Assessment on such Lot.
Section 17: Signs. Advertisements, Billboards: No sign, advertisement, billboard or advertising structure of
any kind shall be placed, maintained or displayed to the public view on any Lot, except for signs as permitted
under Article II, Section 3, and except for signs not larger than three (3) square feet advertising a Lot for
sale or rent. The Association, or its assigns, shall have the right to remove any such prohibited sign,
advertisement, billboard or structure which is placed on said Lots, and in doing so shall not be subject to any
liability for trespass or other tort in connection therewith or arising from such removal.
return to Index
Notwithstanding anything to the contrary herein contained, Declarant or its assigns may, as long as it owns property
in the Subdivision, (A) maintain signs at the Highway 83 entry to the Property and on Lot 1, Block 1, Phase I,
and (B) maintain in or upon such portion of the Property as Declarant may determine, offices, storage areas,
model units and signs (directional or otherwise) not, larger than three (3) square feet for each such sign face.
Declarant also may use, and permit builders (who are at the relevant time constructing and selling residential
buildings in the Subdivision) to use residential structures, garages or accessory buildings for sales offices
and display purposes but all rights of Declarant and of any builder acting with Declarant?s permission under
this sentence shall be operative and in effect only during the construction and sales period.
Section 18: Antenna: Except only for satellite antennae not to exceed eighteen (18) inches in diameter, no antenna
or other devise of any type for the transmission or reception of television signals, radio signals or any form
of electromagnetic radiation shall be erected, constructed, placed or permitted to remain on any Lot, houses,
buildings or structures.[This Section is totally replaced by Amend. 1.—click GO ]
return to Index
-- 10-- -
return to Index
Section 19: Utility Services; Water service is to be provided to each Lot by way of a water distribution
system to be transferred by Declarant to the Water Company as hereinafter provided. The distribution system to
the point of connection at the meter of each user shall be the property of and shall be operated and maintained
by the Water Company. That portion of the distribution system from the meter to the Owner’s property shall
be owned and maintained by the Owner. Water service to each Lot shall be limited to service from the Water Company’s
central water distribution system and shall not be serviced by any private water wells, or other water system.
However, any Lot containing 2.75 acres or more may have a private water well solely for irrigation and watering
of ratites, poultry or livestock Residential water use is limited to service from the Water Company’s system.
The drilling of private water than wells is prohibited on Lots containing less 2.75 acres. Private water wells
shall not be cross-connected to the water lines served by the Water Company’s distribution system.
[ An additional paragraph requiring prior approval by the Committee was added by Amendment 1 – to read
it click GO ]
Sanitary sewer service shall be by separate septic facilities owned and maintained by the Owner in compliance
with a1l applicable laws, rules and regulations.
return to Index
Section 20: Maintenance: The Owners shall be responsible for the maintenance of the exterior of all buildings,
homes and appurtenant structures at a standard in keeping with the level of such maintenance exhibited by a majority
of the improvements on the Property, and such Owners shall be responsible for maintenance and repairs to roofs,
glass in windows and doors, and for all structural matters, as well as plumbing, electrical equipment, foundation
maintenance and repairs, landscaping, all improvements on Owner?s Lot and the driveways extending from Owner?s
Lot to the street, and the regular mowing of grass and weeds and removal of flood debris. In the event of default
on the part of the Owner or occupant or any Lot in observing the above requirements or any of them, such default
continuing after thirty (30) days? written notice thereof, the Association or its assigns may, without being
under any duty to so do or liability in trespass or otherwise, for so doing, enter upon said Lot and the driveways
extending from Owner?s Lot to the street, and perform such maintenance, repairs and landscaping or do any
other thing necessary to secure compliance with these restrictions as stated in this paragraph. The Association
may assess the Owner or occupant of such Lot for the actual cost of such work and legal fees incurred in connection
with such default and assessment. The Owner or occupant, as the case may be, agrees by the purchase or occupation
of the Lot to pay such statement immediately upon receipt thereof. In the event any such charge shall remain
unpaid for thirty (30) days after written notice thereof, such charge shall become a Special Assessment on such
Lot.
return to Index
— 11 —
return to Index
Section 21: Care of Yards and Common Area: The Owner shall be responsible for design, maintenance and upkeep
of his yard, shrubs and trees. The Association shall be responsible for design, maintenance and upkeep of all
Common Areas, including those areas designated on the Plat (or any replat) as “Hike and Bike Trail Common
Area”.
Section 22: Clearance of Lots: All Lots upon which there has occurred a fire or other casualty shall be
cleared of all damaged improvements within six (6) months of the occurrence of the casualty.
Section 23: Firearms: No Owner shall use or discharge or permit the use or discharge, on or from his Lot
or elsewhere on the Property, any pistol,? rifle (including a pellet gun, air rifle or pistol), shotgun or any
other firearm, or any bow or arrow, or any other devise capable of killing or injuring or causing property damage.
Section 24: Wildlife Sanctuary: All of the Property is designated as Wildlife Sanctuary. No killing of wildlife
or birds by any means shall be permitted.
return to Index
Section 25: No Excavation: No excavation shall occur on any Lot or Common Area for removal of soil, rock,
gravel, or other substance of any kind except as necessary for construction of improvements and construction
and maintenance of road and utility services as permitted by this Declaration.
Section 26: No Engines: No gasoline or other internal combustion engines are permitted to operate on any
part of the river or other waterways within or adjacent to the boundaries of the Property.
Section 27: Ponding: No modification of the existing topography of a Lot (whether by fill, placement of
improvements, grading, beams or other method or means) shall be permitted that would result in the ponding or
accumulation of surface drainage water along any street or upon or across any adjoining Lot.
Section 28. Other Activities and Uses: The following activities and uses are prohibited.
(a) Maintenance and repair of any vehicles, boats, motorcycles or trailers, unless performed in an Owner’?s
enclosed garage or other enclosed structure.
(b) The storage of trash cans where exposed to public view.
(c) The operation of any four wheeler, all-terrain vehicle, motorcycle or other motorized vehicle (other
than electric carts)
return to Index
—12—
return to Index
on any of the Bike and Bike Trails Common Area, or on any of the other Common Area other than the private streets
in the subdivision.
(d) Operation of any above ground butane, propane or other compressed gas tanks except as an accessory to
a motor home, or an accessory to outdoor cooking grills or as camping equipment for temporary use.
(e) Any activity or use or the erection or maintenance of any structure which violates in any way any law,
statute, ordinance, regulation or rule of any Federal, State, County or governmental entity.
ARTICLE III
THE OWNERS ASSOCIATION OF RIVERTREE SUBDIVISION
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot or Lots in the Property shall become and remain a member in good standing of
the Association. The foregoing is not intended to include persons or entities who hold an interest merely as
security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from
ownership of any such Lot. Ownership of such Lot shall be the sole qualification for membership. The membership
held by any Owner shall not be alienated, transferred to pledged in any way except by the sale or encumbrance
of such Lot and, then, only to the purchaser or mortgagee of such Lot.
Section 2. The Association shall have two classes of voting membership:
return to Index
Class A. Except as provided under “Class B” below, each Owner as defined in Article I shall be a
Class A member. Each Class A member shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as
they determine, but in no event shall more than one vote be cast with respect to any such Lot. Holders of future
interests not entitled to present possession (excepting Owners of Lots which are rented or leased to others)
shall not be considered as Owners for the purposes of voting hereunder.
Notwithstanding the above, an Owner of two (2) or more adjacent Lots may elect to combine all such Lots into
one “Lot” (herein sometimes called a “Combined Lot”) for the purpose of voting rights
and assessments under this Declaration. Election shall be made by written request to the Association, with proof
of ownership to each adjoining Lot in the name of Owner. Once accepted by the Association, the Combined Lot thereafter
shall be limited to one vote and shall be subject only to assessment as if the Combined Lot was only one (1)
Lot. Thereafter, should one or
return to Index
— 13 —
return to Index
more Lots comprising such Combined Lot be transferred to another Owner, the status of the transferred Lot(s)
and other Lot(s) for voting and assessments thereafter will cease to be a Combined Lot. If a Combined Lot is
created, the change in voting rights and assessment obligations to a Combined Lot basis shall not become effective
until January 1 of the calendar year following acceptance by the Association.
Class B. The Class B member shall be Declarant. The Class B member shall be entitled to five (5) votes for each
Lot in which such member holds the full fee interest, provided that the Class B membership shall cease and convert
to Class A membership when Declarant has sold 80% of the Lots, as shown on the Plat (or any replat thereof).
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS AND CHARGES
Section 1. Creation of the Lien and Personal Obligation of Assessments: Each present Owner hereby covenants
and agrees (and each subsequent Owner by acceptance of a deed to a Lot, whether or not expressed in such deed,
shall be deemed to covenant and agree) to pay the Association: (1) Regular Assessments; (2) Special Assessments
pursuant to Article II Sections 15 and 19 hereof; and 3) Special Assessments for capital improvements. Such Assessments
shall be established and collected as hereinafter provided. All sums assessed as provided for in this Declaration
but unpaid, together with interest, costs of collection and reasonable attorneys? fees, shall be a continuing
lien and charge upon the lot against which each such Assessment is made, which shall bind and be a continuing
charge upon such Lot. Each such Assessment, together with interest, costs of collection and reasonable attorneys?
fees, shall also be the personal obligation and debt of the person who was the Owner of the Lot at the time when
the Assessment fell due.
[Amended by Second Amendment by adding an additional paragraph. To read the addition click GO.]
Section 2: Purpose of Assessments: The Assessments, and all funds derived therefrom, shall be used exclusively
for (i) the maintenance, repair and care of the Common Areas (including recreational areas and private streets),
and improvements to or on the Common Areas and Lots for which the Association is herein given responsibility;
(ii) the furtherance and fulfillment of the purposes of this Declaration and other herein provided responsibilities
of the Association; (iii) the promotion of the recreation, health, safety and welfare of the Owners of the properties;
and (iv) administrative costs and other costs and expenses of the Association, which costs and expenses may include
fidelity insurance for acts of directors, managers, officers and employees of the Association responsible for
the handling of Association funds; liability insurance covering the Common Area and all damage and injury caused
by the negligence of the Association, its employees and agents; mowing grass, caring for the grounds and
return to Index
— 14 —
return to Index
for any swimming pool, recreational building and equipment that may be placed upon the Common Area; landscaping;
garbage pickup; outdoor lighting; security service for the Property; any water and sewer service that may be
furnished to, by or through the Association; maintenance and improvement of Hike and Bike Trail Common Area as
shown on the Plat (or any replat); discharge of any liens on the Common Area; payment of fees to managing agents,
accountants, attorneys and other parties providing professional and/or other services to the Association in connection
with the performance of the Association’s duties and responsibilities; and other charges required by this
Declaration or other charges that the Association is authorized to incur which the Association shall determine
to be necessary or desirable to benefit the Owners, including the establishment and maintenance of a reserve
for repair, maintenance, replacement and other charges as specified herein (herein collectively called “Association
Expenses”).
All assessments paid to the Association and any other income to the Association for fees for use of any Common
Area shall be used only for the purposes herein provided.
Section 3: Regular Assessments: Regular Assessments include both the Monthly Assessment and the Transfer
Fee Assessment set forth herein.
return to Index
A. Monthly Assessment. Until changed in accordance herewith by the Association, the amount of the Monthly
Assessment for all Lots shall be TWENTY AND NO/100 DOLLARS ($20.00) per Lot (including a Combined Lot established
under Article III, Section 2) per month; provided that no assessment shall apply to a Lot owned by Declarant
until 80% of all Lots have been sold by Declarant.
B. Transfer Fee Assessment. In addition to the above monthly assessments each Owner (exclusive of Declarant)
shall pay to the Association a Transfer fee of $50.00 upon conveyance of a Lot or a Combined Lot.
C. Discount. The Association may allow a discount for prepayment of Monthly Assessments under such terms
and conditions as may be approved by the Association.
D. Uniform Rate of Assessment. Both Regular and Special Assessments shall be fixed at a uniform rate (on
a Lot basis or a Combined Lot basis) and shall commence and be due in accordance with the provisions hereof.
Section 4: Collection of Regular Assessments: The Monthly Assessments shall be payable on the first day
of each and every calendar month unless the Association shall by a majority vote determine that the Monthly Assessment
shall be payable on a quarterly basis on such dates as the Association shall designate.
return to Index
— 15 —
return to Index
The Regular Assessments (Monthly and Transfer) may be changed by the Board of Directors from time to time.
The Monthly Assessments shall be fixed by the Board of Directors of the Association at an amount calculated to
cover in advance the anticipated actual costs of fulfilling the obligations, duties and responsibilities of the
Association.
The Association shall be entitled to assess a one-time late fee charge in the amount of ten percent (10%) of
the Monthly Assessment on any assessment that is fifteen (15) or more days past due.
In fixing the amount of the Monthly Assessments, the Board of Directors of the Association may, but shall not
be required to, add reasonably anticipated depreciation and necessary replacement and repair of capital assets
and improvements and may from time to time establish one or more funds or accounts to accumulate amounts deemed
necessary therefor.
Section 5: Special Assessments Under Article II: In addition to any Regular Assessments, the Association may
levy Special Assessments on a Lot and the Owner thereof pursuant to Sections 15 and 19 of Article II of this
Declaration.
return to Index
Section 6: Special Assessments for Capital Improvements:
Notwithstanding anything to the contrary herein contained, and in addition to the Regular Assessments authorized
above, the Association may levy in .any calendar year one or more Special Assessments applicable to that year
only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair
or replacement of a capital improvement upon the Common Area, including fixtures and personal property related
thereto.
Special. Assessments not to exceed $100.00 per Lot (or per Combined Lot) per year may be approved. and levied
by the Board .of Directors of the Association. Any Special Assessment in excess of $100.00 per Lot (or Combined
Lot) per year shall require the assent of two-thirds (2/3rds) of the votes of the members of the Association
either in person at a regular or special meeting called for that purpose, or by proxy executed in writing
by the member or by his duly authorized attorney-in-fact, as permitted by Article 1396-2.13 of the Texas Non-Profit
Corporation Act.
Section 7: Date of Commencement of Regular Assessments: Due Dates: The Monthly Assessments provided for
herein shall commence on the date of sale of a Lot from Declarant to another Owner; and as to Lots owned by Declarant,
when Declarant has sold 80% of the Lots as shown on the Plat.
return to Index
— 16 —
return to Index
The Association shall fix the amount of the Reg1ar Assessments for the 1996 and subsequent calendar years at
least thirty (30) days in advance of each such calendar year. Failure of the Association to meet or to fix the
amount of the Regular Assessments as herein provided shall be deemed to constitute a setting of the amounts at
the levels fixed for the previous calendar year. Written notice of any change in the Regular Assessments shall
be mailed (by U.S. first class mail) to every Owner subject thereto. The Association shall, upon demand, and
for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid and the amount of any delinquencies. The Association shall not
be required to obtain a request for such certificate signed by the Owner but may deliver such certificate to
any party who in the Association’s judgment has a legitimate reason for requesting same.
Section 8: Effect of Nonpayment of Assessments: Remedies of the Association: All payments shall
be made to the Association at its place of business in Real County, Texas, or at such other place as the Association
may direct. Any assessment not paid within fifteen (15) days of its due date shall be subject to a one-time late
fee of ten percent (10%) of the past due assessment amount. Any assessment not paid within thirty (30) days after
the due date shall bear interest from such thirtieth date until paid at the rate of twelve percent (12%) per
annum. The Association may bring an action at law against the Owner personally obligated to pay the assessment,
or foreclose the lien against the Lot involved; and interest costs and attorney fees of any such action shall
be added to the amount of the assessment. In no event shall the Association be liable to any Owner or other person
or entity for failure to inability to enforce or attempt to enforce collection. No Owner may waive or otherwise
escape liability for the assessments provided for herein by non-use of the Common Area or by abandonment of his
Lot. Further, the powers and enforcement granted to the Association in this paragraph shall be cumulative of,
and shall be in addition to, all other remedies and powers of the Association. [Section 8 is completely replaced
in the Second Amendment. To read the change, click GO.]
Section 9: Foreclosure: Upon compliance with the notice provisions set forth herein below, the Association
may foreclose the assessment lien against any Lot. Each undersigned Owner, and each subsequent Owner by his acceptance
of a deed to a Lot, expressly grants and vests in the Association and its agents the right and power to bring
all actions against such Owner personally for the collection of such charges as a debt and to enforce the aforesaid
lien, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage
or deed of trust lien on real property as provided in Section 51.002 of the Property Code of the State of Texas,
and each undersigned Owner (and each subsequent Owner by acceptance of a deed to a Lot) expressly grants to the
Association a power of sale in connection with said lien. The lien herein provided for shall be in favor of the
Association for the
return to Index
— 17 —
return to Index
benefit of all Owners. The Association acting on behalf of the Owners shall have the power to bid upon an interest
foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same and to treat the
proceeds of any such lease, mortgage or conveyance in the same manner as assessments hereunder.
Notice of Lien: [This paragraph is replaced by the Second Amendment. To read the change, click GO.] No action
shall be brought to foreclose said assessment lien or to proceed under the power of sale herein provided less
than thirty (30) days after the date of notice of claim of lien is deposited with the postal authority, certified
or registered, postage prepaid, to the Owner of said Lot, and a copy thereof is recorded by the Association in
the Office of the County Clerk of Real County. Said notice, of claim must recite a good and sufficient legal
description of any such Lot, the record owner or reputed owner thereof, the amount claimed (which may, at the
Association’s option, include any late charge and interest on the unpaid assessment as herein provided,
plus reasonable attorneys? fees and expenses of collection in connection with the debt secured by said lien),
and the name and address of the claimant.
Foreclosure Sale: Any such sale provided for above is to be conducted in accordance with the provisions applicable
to the exercise of powers of sale in mortgages and deeds of trust, as set forth in Section 51.002 of the Property
Code of the State of Texas, as the same may be amended from time to time, or in any other manner permitted by
law. The Association, through duly authorized agents and on behalf of the Owners, shall have the power to bid
on the Lot at foreclosure sale and .to acquire and hold, mortgage and convey the same as hereinabove provided.
return to Index
Section 10: Subordination of Lien to Mortgages: [This section is replaced by the Second Amendment. To read
the change, click GO.]The lien for the Assessments provided for herein shall be superior to all other liens and
charges against said Lot except only for tax liens, liens for purchase money and/or development costs and all
first deed of trust liens of record (which shall include a deed of trust that secures a debt secured by a first
deed of trust lien, including “wraparound” and “all inclusive” financing), which liens
for such purposes shall be superior to the assessment liens herein provided with the understanding that assessments
subsequent to a foreclosure of such a superior lien shall continue to bind the mortgaged property and be secured
by an assessment lien as herein provided. The Association shall have the power to subordinate the assessment
lien to any other lien, and to extinguish such lien and the underlying debt, such powers being entirely within
the discretion of the Association. Except as otherwise provided herein, no sale or transfer shall relieve such
Lot from liability for any assessment thereafter becoming due or from the lien therefor, but such lien shall
exist as, and constitute, a separate and distinct charge and lien on each Lot.
return to Index
— 18 —
return to Index
Section 11: Insurance: The Association, or its duly authorized agent, shall have the authority to and
shall obtain a broad form public liability policy covering all the Common Area, and all damage or injury caused
by the negligence of the Association or any of its employees or agents. Such comprehensive public liability policy
shall have coverage of not less than $1,000,000 per occurrence f or personal injury and/or property damage; and
also shall contain a clause or endorsement which shall preclude the insurer from denying the claim of an Owner
because of the negligent acts of the Association or of another Owner. The Association also may obtain and maintain
fidelity insurance for the acts of its directors, officers, manager, volunteers and employees responsible for
the handling of funds collected by the Association as provided herein, which shall be in an amount not less than
one and one—half times the Association?s estimated annual operating expenses and reserves. Premiums for
all such insurance shall be common expenses payable out of assessments. All such insurance coverage shall be
written the name of the Association as the insured for the benefit of the Owners in accordance with the terms
of this Declaration, and the Owners will cooperate with the Association by doing any and all such acts and things
as may be necessary to effect such insurance.
return to Index
Section 12: Board of Directors: The affairs of the Association shall be managed by the Board of Directors
of the Association, as provided in the Bylaws of the Association. The initial Board of Directors of the Association
shall be appointed by Declarant; and such initial Board of Directors shall serve until Declarant has sold 80%
of the Lots as shown on the Plat, at which time the members of the Association shall elect a new Board of Directors,
all as more particularly set forth in the Bylaws of the Association. [see also BL 5, 5.01]
Section 13: Meeting and Voting: The manner of meeting and voting of the Association shall be governed by
the Bylaws thereof.
ARTICLE V
WATER SYSTEM
Declarant is in the process of constructing a water system for the Property. After completion, and approval by
the TNRCC, Declarant will transfer and assign the water system to the Water Company, including all water
storage and water well facilities, and all water distribution lines and systems, including all water storage
and water well equipment and related facilities providing water service to the Property. Thereafter, the water
storage and distribution system and all income therefrom will be owned by the Water Company.
return to Index
— 19 —
return to Index
ARTICLE VI
GENERAL PROVISIONS
Section 1: Enforcement: The Association, Declarant, the Committee, any Owner, and the Commissioners
Court of Real County, shall have the right but not the obligation to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by
the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
Section 2: Severability: Invalidation of any one or more of these covenants or restrictions by judgment
or court order shall not affect any other provisions, which shall remain in full force and effect.
Section 3: Members Easement of Enjoyment: Every member of the Association shall have a right and easement
of enjoyment in and to any Common Area which shall be appurtenance to and shall pass with the title to every
Lot. All such rights and easements shall be subject to the following provisions:
return to Index
(a) The automatic suspension of voting rights of an Owner for any period during which any assessment against
his Lot remains unpaid.
(b) The right of the Association to suspend the right to use any recreational facility or Common Area by
an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed
sixty (60) days for each infraction of its published rules and regulations which rules and regulations may be
adopted by resolution of the Association from time to time.
(c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public
agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members
as herein provided. No such dedication or transfer shall be effective unless an instrument signed by two-thirds
(2/3rds) of the members agreeing to such dedication or transfer has been filed of record in the Real Property
Records of Real County, Texas, and unless written notice of the proposed action is sent to every member not less
than ten (10) days nor more than fifty (50) days in advance of any action taken.
(d) The right of the Association to make rules and regulations concerning the use by members of the Common
Area, all on such terms as the Board of Directors of the Association may determine, including without limitation
the right of the Association to institute regulations and rules with respect to construction of any storage facilities.
return to Index
— 20 —
return to Index
(e) The right of the Association to collect and disburse funds as set forth in Article IV.
(f) The right of the Association to borrow money as necessary or desirable to perform its functions hereunder,
and to mortgage and/or pledge the Common Area and improvements thereon, accounts receivable and assessment liens
as security for such loans upon the approval thereof by members entitled to cast two-thirds (2/3rds) of the votes
of the Association; provided, however, that the rights of any such mortgagee in said properties shall be subordinate
to the rights of the Owners hereunder.
(g) The right (but not the obligation) of the Association to adopt, implement and maintain for the Property
a private security system, a garbage collection system and an exterior lighting system for all private streets,
consistent with applicable laws.
(h) The right of the Association to establish rules and regulations governing traffic and parking on the
private streets and parking areas within the Common Area, and to establish sanctions for any violation or violations
of such rules and regulations.
return to Index
(i) The right of the Association to regulate noise within the Property, including, without limitation, the
right of the Association to require mufflers on engines or to prohibit the use of devices producing excessive
noise.
(j) The right of the Association to control the visual attractiveness of the Property.
Section 4: Transfer of Common Area: The Common Area will be conveyed by Deed from the Declarant to the Association.
Section 5: Delegation of Use: Subject to the By-laws of the Association, any owner may delegate his right
of enjoyment to the Common Area and facilities only to resident members of his family, the Owner’s guests,
and tenants and contract purchasers who reside on the Property.
Section 6: Reimbursement by the Association: In the event that the Declarant bears any cost and expense,
on behalf of the Association, incident to and necessary to effectuate the performance and discharge by the Association
of its duties, obligations and responsibilities hereunder, then Declarant shall be reimbursed the full amount
of the direct expense incurred, upon demand by Declarant after the Association shall have collected sufficient
assessments from the Owners with which to reimburse Declarant there for.
return to Index
— 21 —
return to Index
Section 7: Amendment : The covenants and restrictions of this Declaration shall run with and bind the Property,
for a term of thirty-five (35) years from the date this Declaration becomes effective, after which time they
shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during
e first thirty-five (35) year period by an instrument signed by the Owners of not less than seventy-five percent
(75%) of the total votes of each class of membership of them Association. No person shall be charged with notice
of or inquiry with respect to any amendment until and unless it has been filed of record in the Real Property
Records of County, Texas.
Section 8: Amendment by Declarant: The Declarant shall have and reserves the right at any time and from time
to time, without the joinder or consent of any Owner or other person, to amend this Declaration by an instrument
in writing duly signed, acknowledged and filed of record, for the purpose of correcting any typographical or
grammatical error or ambiguity or inconsistency appearing in this Declaration, provided that any such amendment
shall be consistent with and in furtherance of the plan and scheme of development as evidenced by this Declaration
and shall not impair or affect the vested property or other rights of any Owner or his mortgagee.
Section 9: Annexation: Additional property and Common Area may be annexed to the Property with the consent
of two-thirds (2/3rds) of the total votes of each class of membership of the Association.
return to Index
Section 10: Interpretation: If this Declaration or any word, clause, sentence, paragraph or other part thereof
shall be susceptible of more than one or conflicting interpretations, then the interpretation which is not nearly in
accordance with the general purposes and objectives of this Declaration shall govern. [This was obviously a mistake
and was changed by Amendment 1. To read the change, click GO ]
Section 11: Omissions: If any punctuation, word, clause, sentence of provision necessary to give meaning,
validity or effect to any other word, clause, sentence or provision appearing in this Declaration shall be omitted
herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word,
clause, sentence or provision shall be supplied by inference.
Section 12: Validity: If any one or more of the provisions of this Declaration are declared unenforceable
in whole or in part, the remainder this Declaration shall not be affected thereby and shall remain in full force
and effect.
Section 13: Notice of Private Streets: All streets in the Property are private streets and constitute a
part of the Common Area owned by the Association. Neither Real County, Texas nor any
return to Index
— 22 —
return to Index
other governmental agency has any responsibility for the repair, improvement or maintenance of said streets.
The responsibility for same is upon the Association, as provided hereinabove.
ARTICLE VII
DISPUTE RESOLUTION
In the event there is any dispute by and between two (2) or more Lot Owners, or by and between any Lot Owner
and the Declarant, or by and between any Lot Owner and the Association, or by and any Lot Owner and the Committee,
such dispute shall be settled by the specific provisions of these covenants, Conditions and Restrictions; otherwise, any
and all such disputes shall be settled by the Association.
Prior to instituting any court proceeding to enforce or interpret this Declaration and as a condition precedent
thereto the parties to such dispute must submit the issue to mediation on the following terms and conditions:
(a) Meeting of the Parties. A meeting shall be held promptly between the parties (and in any event within
20 days after the dispute arises) attended by individuals with decision-making authority regarding the dispute,
to attempt in good faith to negotiate a resolution of the dispute.
return to Index
(b) Selection of Mediator. If, within ten (10) days after such meeting, the parties have not succeeded in
negotiating a resolution of the dispute, they will jointly appoint a mutually acceptable neutral person not affiliated
with either of the parties (the “neutral”). If within such 10-day period the parties do not agree
upon the appointment of the neutral, each party will select a neutral and the two selected neutrals will select
a third neutral, and all three shall serve as the “neutral” as used herein. The fees of the neutral(s)
shall be shared equally by the parties.
(c) ADR In consultation with the neutral, the parties will select or devise an alternative dispute
resolution procedure (“ADR”) with which they will attempt to resolve the dispute, and time and place
for the ADR to be held, with the neutral(s) making the decision as to the procedure, and/or place and time (but
unless circumstances require otherwise, not later than 10 days after selection of the neutrals).
(d) Process. The parties agree to participate in good faith the ADR to its conclusion as designated by the
neutral(s). All meetings, ADR mediation conferences and other proceedings shall be in Leakey, Real County, Texas.
This Declaration shall be effective when the same is filed of record in the Real Property Records of Real County,
Texas.
return to Index
— 23 —
return to Index
This Declaration supersedes and replaces in its entirety the Original Declaration, as defined in the preamble
hereto.
EXECUTED effective as of the _______ ____ day of ___________________,
1996.
THE ESTATES OF RIVER TREE, LTD.
By: SCOTT FELDER MANAGEMENT, INC.,
General Partner
By:__________________________________________
SCOTT FELDER, President
- DECLARANT -
Name:________________________________________
Lot Owned: ____________________________________________
- OWNE
THE S TATE OF TEXAS §
-,COUNTY OF________________ §
This instrument was acknowledged before me this ___________day of _________________ 1996, by SCOTT FELDER, President
of SCOTT FELDER MANAGEMENT, INC., a Texas corporation, General Partner of THE ESTATES OF RIVER TREE, LTD., a
Texas limited partnership, on behalf of said partnership.
____________________________________________________
Notary Public, State of Texas
— 24 —
Volume 27 Page 574
Real Property Records
Real County, Texas
FIRST AMENDMENT TO AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
RIVERTREE SUBDIVISION
THE STATE OF TEXAS §
COUNTY OF REAL §
return to Index
WHEREAS, THE ESTATES OF RIVER TREE, LTD., a Texas limited partnership, as Declarant, joined by not less than
seventy-five percent (75%) of the total votes of Class A of The Estates of RiverTree Owners? Association, Inc.
(the “Association”), has previously executed that certain Amended and Restated Declaration of Covenants,
Conditions and Restrictions for the RiverTree Subdivision (the “Declaration”) recorded in Volume
23, Pages 399-432, of the Real Property Records of Real County, Texas, which Declaration imposed upon the RiverTree
Subdivision the covenants, conditions and restrictions therein set forth; and
WHEREAS, the Declaration provides the same may be amended by an instrument signed by the Owners of not less than
seventy-five percent (75%) of the total votes of each class of membership of the Association; and
WHEREAS, the Declarant and the other undersigned Owners desire to amend the Declaration as hereinafter provided;
return to Index
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS. that the undersigned, THE ESTATES OF RIVER TREE, LTD., a Texas
limited partnership, the owner of all the votes of Class B of the Association, and the other undersigned Owners,
the owners of not less than seventy-five percent (75%) of the total votes of Class A of the Association, hereby
amend the Declaration as follows:
1. Article II, Section 5: Architectural Control. The following paragraph is
added to Article II, Section 5 (Architectural Control) of the Declaration:
“The exterior of all structures must be brick, stone, stucco, cedar or other
exterior siding approved by the Committee; provided, however, that no
metal exterior (other than roofs) will be permitted. Any other reference in
this Section 5 to “metal exterior materials” is limited to roofing. The
foregoing restrictions on exterior siding do not apply to the existing
structures situated on Lot 1, Block IV, of River Tree Subdivision, Phase I,
being a part of the Common Area.”
2. Article II, Section 18: Antenna. Section 18 of Article II of the Declaration is
amended and restated in its entirety to read as follows:
return to Index
return to Index
“Section 18: Antenna: Except only for satellite antennae not to exceed eighteen (18) inches in diameter,
no antenna or other device of any type for the transmission or reception of television signals, radio signals
or any form of electromagnetic radiation shall be erected, constructed, placed or permitted to remain on any
Lot, houses, buildings or structures; PROVIDED, HOWEVER, that the Committee, in its discretion, may permit the
installation arid maintenance of antennae or other devices for the transmission or reception of radio signals
only if the antenna or other device is (i) well screened by trees, to the fullest extent feasible, and in harmony
with existing structures in the immediate vicinity, a~l as determined by the Committee, and (ii) otherwise approved
by the Committee as to location and design. No such radio antenna or device shall be erected or placed, or the
erection thereof begun, or changes made in the design thereof after original construction, until the construction
plans and specifications and a plan showing the location of the structure have been submitted to and approved
in writing by the Committee as complying with the foregoing requirements.
3. Article II, Section 19: Utility Services. The following paragraph is added to
Article II, Section 19 (Utility Services) of the Declaration:
“The location of any such private water well must be approved in advance by the Committee in writing and
no private water well will be allowed that, in the opinion of the Committee, might interfere with or impair to
any extent any existing or proposed water well operated or to be operated by Declarant or by the Water Company
and providing service to the RiverTree Subdivision. No such private water well shall be installed, or any changes
made after original construction, until the construction plans showing the location of the private water well
and any well, house have been submitted to and approved in writing by the Committee.”
4. Article VI, Section 10: Interpretation. Article VI, Section 10 (Interpretation)
of the Declaration is amended and restated in its entirety to read as follows to
correct typographical errors:
“Section 10: Interpretation: If this Declaration or any word, clause, sentence,
paragraph or other part thereof shall be susceptible of more than one or
conflicting
return to Index
—2—
return to Index
interpretations, then the interpretation most nearly in accordance with the general purposes and objectives of
this Declaration shall govern.”
Except as herein expressly set forth, no amendments are made to the Declaration, which Declaration is and shall
remain in full force and effect in accordance with its terms.
This instrument may be executed in multiple counterparts; which counterparts together shall constitute one instrument.
EXECUTED effective as of the 1st day of February, 1997.
THE ESTATES OF RIVER TREE, LTD.
By: SCOTT FELDER MANAGEMENT, INC.,
General Partner
By: [signature is of Scott Felder ]
SCOTT FELDER, President_____
DECLARANT -
THE STATE OF TEXAS §
COUNTY OF KENDALL
This instrument was acknowledged before me on this 4th day of February, 1997, by SCOTT FELDER, President of SCOTT
FELDER MANAGEMENT, INC., a Texas corporation, General Partner OD THE ESTATES OF RIVER TREE, LTD., a Texas limited
partnership, on behalf of said partnership.
[The document is signed above by Scott Felder and at this point by Nita R. Mastin, Notary.]
—3—
[This last page has filing information which will be summarized.]
Real County File # 39,571 and is in Volume 27, Page 578 of the Real Property Records, Real County, Texas.
Filing is by Bella A Rubio, Clerk of Real County and signed by her deputy, Lisa West.
The filing information is that this document, dated February 1, 1997 was filed for record on March 24, 1997 and
duly recorded on March 28, 1997 in the volume and page stated above.
At the bottom of this page is the following statement:
Provisions contained in any document which restrict the sale, rental or use of the Real Property described therein
because of race or color are invalid and unenforceable under Federal Law.
--4
SECOND AMENDMENT TO AMENDED AND RESTATED
DECLARATION OF COVENANTS. CONDTTIONS AND RESTRICTIONS
RIVERTREE SUBDIVISION
THE STATE OF TEXAS §
COUNTY OF REAL §
return to Index
WHEREAS, THE ESTATES OF RIVER TREE, LTD.. a Texas limited partnership, as Declarant, joined by not less than
seventy-five percent (75%) of the total votes of Class A of The Estates of RiverTree Owners? Association1 Inc.
(The “Association”), has previously executed that certain Amended and Restated Declaration of Covenants,
Conditions and Restrictions for the River Tree Subdivision (the “declaration”) recorded in Volume
23. Pages 399-432, of the Real Property Records of Real County. Texas. which Declaration imposed upon the RiverTree
Subdivision the covenants, conditions and restrictions therein set forth; and
WHEREAS, the Declaration provides the same may be amended by Declarant for the purpose of correcting typographical
or grammatical errors or ambiguity appearing therein, by an instrument in writing duly signed and filed or record;
WHEREAS, the Declarant desires to amend the Declaration as hereinafter provided;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the undersigned, THE ESTATES OF RIVER TREE, LTD., a Texas
limited partnership, hereby amends the Declaration as follows;
return to Index
1. Article IV, Section 1: Creation of the Lien and Personal Obligation of Assessments. The following paragraph
is added to Article IV, Section I (Creation of the Lien and Personal Obligation of Assessments) of the Declaration:
[To see the first part, click here . ]
“In the event that one or more Assessment is paid to the Association in a nontimely manner, any interest
accrued, and/or cost of collection and/or reasonable attorney’s fees incurred in connection with such non-timely
payment, shall be a continuing lien and charge upon the Lot against which each such Assessment is made, which
shall bind and be a continuing charge upon such Lot and the personal obligation and debt of the person who was
the owner of the Lot(s) at the time that the Assessment fell due.”
2. Article IV, Section 8: Effect of NonPayment of Asessments: Remedies of the Association.. Section 8 Article
IV, of the Declaration is amended and restated in its entirety to read as follows:
return to Index
“Section 8; Effect of NonPayment of Assessments; Remedies of the Association: All
Payments shall be made to the Association at its place of business In Real County, Texas, or at such other place
of [should say “that”] the Association may direct. Any assessment not paid within fifteen (15) days
of its due date shall be subject to a one-time late fee of ten percent (10%) of the past due assessment amount.
Any assessment not paid within thirty (30) days after the due date shall bear interest from such thirtieth date
until paid at the rate of twelve percent (12%) per annum. “After the Association has notified the
Owner of the existence and the amount of the delinquent assessment and related fees and costs, by two (2) separate
notices sent at least thirty (30) days apart, the Association may file a Claim of Lien pursuant to and accordance
with the provisions contained in Article IV, Section 9 (Notice of Lien) of the Declaration, and the Amendment
there to contained herein.” The Association may bring an action at law against the Owner personally obligated
to pay the assessment, or foreclose the lien against the Lot involved; and interest costs and attorney fees of
any such action shall be added to the amount of the assessment. In no event shall the Association be liable to
any Owner or other person or entity for failure or inability to enforce or attempt to enforce collection. No
Owner may waive or otherwise escape liability for the assessments and/or related fees, costs or expenses provided
for herein by non-use of the Common Area or by abandonment of his lot. Further, the powers and enforcement granted
to the Association in this paragraph shall be cumulative of, and shall be in addition to, all other remedies
and powers of the Association.
3. Article IV, Section 9: Notice of Lien. The following paragraph is amended and restated in its entirety
to read as follows: Article IV Section 9, Notice of Lien of the Declaration:
return to Index
“Section 9: Notice of Lien: No action shall be brought to foreclose said assessment lien or to
proceed under the power of sale herein provided less than thirty (30) days after the date that notice of Claim
of Lien is deposited with the postal authority certified or registered. postage prepaid, addressed to the Owner
of said lot, and the Claim of Lien is recorded by the Association in the Office of the County Clerk of Real County.
Such notice may be in the form of a copy of the Claim of Lien. The Claim of Lien must recite a good and sufficient
legal description of the Lot(s) against which the lien is claimed; the name(s) of the record owner or reputed
owner thereof; the amount claimed (which may. at the Association’s option, Include any one or more of the
following; 1) the unpaid assessment(s); 2) late fee(s); 3) Interest as provided in Section 8 above; 4)
costs of collection including without limitation, postage and recording expenses; and/or 5) reasonable attorney’s
fees, provided that same were incurred as a result of the nonpayment of the Assessment(s) and that the notice
provision, as amended in Section 8. was complied with.): and the name and address of the Claimant.
In the event that the Association properly claims a Lien in accordance with the provisions herein, arid the amounts
claimed therein are subsequently paid to the Association, the Owner of the Lot(s) against which the Lien was
claimed shall bear the sole responsibility arid cost, including without limitation, attorney’s fees, recording
costs and postage expenses, of releasing such Lien.”
return to Index
4. Article IV, Section 10: Subordination of Lien to Mortgages. Article IV, Section 10 (Subordination of
Lien to Mortgages ) of the Declaration is amended and restated in its entirety to read as follows to correct
typographical errors:
return to Index
“Section 10: Subordination of Lien to Mortgages: The lien for the Assessments provided for herein
shall be superior to all other liens and charges against said Lot except only for tax liens, liens for purchase
money and/or development costs and all first deed of trust liens of record (which shall include a deed of trust
that secures a debt secured by a first deed of trust lien. including “wraparound” and “all
inclusive” financing), which liens for such purposes shall be superior to the assessment liens herein provided
with the understanding that assessments and/or related fees, costs and expenses as herein provided subsequent
to a foreclosure of such a superior lien shall continue to bind the mortgaged property and be secured by an assessment
lien as herein provided. The Association shall have the power to subordinate the assessment lien to any other
lien. and to extinguish such lien and the underlying debt, such powers being entirely within the discretion of
the Association. Except as otherwise provided herein, no sale or transfer shall relieve such Lot from liability
for any assessment and/or related fees, costs and expenses as herein provided thereafter becoming due or from
the lien therefor, but such lieu shall exist as, and constitute, a separate and distinct charge and lien on each
Lot.”
Except as herein expressly set forth, no amendments are made to the Declaration, which Declaration is and
shall remain in full force and effect in accordance with its terms.
This instrument may be executed in multiple counterparts; which counterparts together shall constitute one instrument,
return to Index
EXECUTED effective as of the 23rd day of March, 2001.
THE ESTATES OF RIVHR TREE, LTD.
By:SCOTT FELDER MANAGEMFNT, INC.
General Partner
[Scott signed here]
SCOTT FELDER, President
THE STATE OF TEXAS
COUN1Y OF BEXAR
This instrument was acknowledged before me this 23 rd Day of March ,2001, by SCOTT FELDER, President of SCOTT
FEIDER MANAGEMENT, INC., a Texas corporation. Gcneral Partner of THE ESTATES OF RIVER TREE. LTD., a Texas limited
partnership, on behalf of said partnership.
BEVERLY M. PASSAFUMA
Notary Public
[ Beverly signed at the bottom of the page.]
[On page 4 is the received date by Bella Rubio, Real Co. Clerk: March 26, 2001 and the date recorded in County
records: April 4, 2001. This is in Volume 58, pages 570-573]
Page 3
THIRD AMENDMENT TO AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
RIVERTREE SUBDIVISION
THE STATE OF TEXAS:
COUNTY OF REAL:
return to Index
WHEREAS, THE ESTATES OF RIVER TREE, LTD. A Texas limited partnership, as Declarant, joined by not less than
seventy-five percent (75%) of the total votes of Class A of the Estates of RiverTree Owner’s Association,
Inc. (The “Association”), has previously executed that certain Amended and Restated Declaration
of Covenants, Conditions and Restrictions for the RiverTree Subdivision (the “ Declaration”) recorded
in Volume 23, Pages 399 – 432, of the Real Property Records of Real County, Texas, which Declaration
imposed upon the RiverTree Subdivision the covenants, conditions and restrictions therein set forth; and
WHEREAS, the Declaration provides the same may be amended by the owners of not less than seventy-five percent
(75%) of the total votes of each class membership of the Association; and
WHEREAS, the undersigned Owners as Class A members, being only present class of memberships of the Association,
desire to amend the Declaration as hereinafter provided;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the undersigned Owners, the owners of not less than seventy-five
(75%) of the total votes of the Association, hereby amend the Declaration as follows:
1. Article II, Section 2:B: Motor Homes: The second paragraph of Section 2:B, Article II, of the
Declaration is amended and restated in is entirety to read as follows:
return to Index
“Short term, continuous occupancy of a motor home, not to exceed 30 days in one stay, will be allowed on
the remainder of the subdivision, subject to approval by the Committee as to location; provided however,
the Committee may not allow such location in the area of a lot between its boundary lines and the setback lines
as provided in Article II, Section 7 of the Declaration. All Motor Homes must be located on a lot in compliance
with the setback requirements of Article II, Section 7. At the earlier of (A) cessation of continuous occupancy
by Owner or Owner’s guest or (B) at the expiration of 30 days, the motor home must be removed from the
Lot and either 1) parked unoccupied on Lot 6, Block 1, Phase I (or such other location as may be designated by
the Committee) or 2) removed from the subdivision.”
Except as herein expressly set forth, no amendments are made to the Declaration, which Declaration is and shall
remain in full force and effect in accordance with it’s terms.
This instrument may be executed in multiple counterparts; which counterparts together shall constitute one instrument.
EXECUTED effective as of the _5TH day of March, 2002
Volume 23. Page 43
Real Property Records
Real County, Texas
return to Index
MEMORANDUM OF EXISTENCE OF WALKING PATH EASEMENT
This memorandum of existence of a walking path easement dated effective JULY 18, 1996, made by and between the
Estates of RiverTree, A Texas Limited Partnership, developer of River Tree Subdivision located in Real County,
Texas, and its purchasers of tracts of property located within said subdivision. The parties agree to the following:
1. A walking path easement is retained by the Estates of RiverTree for the benefit of all owners of Lots within
RiverTree Subdivision, Real County, Texas. This easement is for the purposes of a walking path only to the exclusion
of all vehicles, including, but not limited to bicycles.
2. Lots 1 through 23, Block VII, RiverTree Subdivision, Real County, will be purchased subject to said easement.
3. The walking path easement is described as follows:
Beginning at the southwest corner of Lot 1, Block VII, RiverTree Subdivision Phase II; THENCE over and across
Lot 1, being parallel with the south boundary line of said Lot 1 in an easterly direction, a width of six feet
(6?) to the existing roadway near the river bank; THENCE along and over said existing roadway in a southerly
direction, a width of six feet (6?), continuing along and over said roadway across the easterly part of Lots
2 through 23, Block:VII to the south boundary-.line of Lot 23; Block VII; THENCE in a westerly direction, over
and across Lot 23, parallel with the south and southwesterly line of Lot 23 to its most southwesterly corner.
4. This easement shall be binding upon Estates of RiverTree, A Texas Limited Partnership, developer of River
Tree Subdivision located in Real County, Texas, and its
Purchasers, their heirs, executors, administrators, successors, and assigns.
Executed this 2nd day of August, 1996.
return to Index
Volume 23, Page 44
Real Property Records
Real County. Texas
THE ESTATES OF RIVER TREE, LTD.,
A TEXAS LIMITED PARTNERSHIP
BY: SCOTT FELDER MANAGEMENT IINC.,
Its General Partner
[At this point the document is signed by Scott Felder]
(Corporate Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the 2nd day of August, 1996, by LOUIS SCOTT FELDER, Scott Felder
Management, Inc., General Partner of River Tree, Ltd., a Texas Limited Partnership, on limited partnership.
[At this point the document is signed by Bonnye Vidal, Notary.]
[The next page of this document has the following filing information:]
This is in Volume 23, Page 45 of Real Property Records, Real County, Texas.
The Real County File # is 38, 878
It was filed at 1:45 PM by Reba Fay Thompson, Deputy on behalf of the County Clerk, Patti Rasco.
The document of July 18, 1996 was recorded in the Clerk’s office August 8, 1996 and recorded in the County
Records August 9, 1996
[ A stamp on this page states that this was filed in the Office of the Secretary of State of Texas, Corporations
Section, March 27, 1996 ]
ARTICLES OF INCORPORATION
OF
THE ESTATES OF RIVERTREE OWNER’S ASSOCIATION, INC.
return to Index
The undersigned natural person of the age of twenty-one (21) years or more, a citizen of the State of Texas,
acting as incorporator of a corporation under the Texas Non-Profit Corporation Act (the “Act”), does
hereby adopt the following Articles of Incorporation of such corporation:
ARTICLE I
The name of the corporation is THE ESTATES OF RIVERTREE OWNER?S ASSOCIATION, INC. (hereinafter called the ‘Association”).
ARTICLE II
The street address of the initial registered office of the Association is 10915 FM 2244, Austin, Texas 78733,
and the name of its initial registered agent at such address is SCOTT FELDER.
ARTICLE III
The Association is a non-profit corporation.
ARTICLE IV
return to Index
The period of the Association’s duration is perpetual.
ARTICLE V
This Association does not contemplate pecuniary gain or profit to the members thereof, and the, specific purposes
for which it is formed are to provide for maintenance, preservation and architectural control of the Lots and
Common Area within RiverTree Subdivision, a subdivision in Real County, Texas, and to promote the health, safety
and welfare of the residents within the above ‘referred to property, and for such purposes to:
(a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association
as set forth in that certain Declaration of Covenants, Conditions and Restrictions for RiverTree Subdivision
(hereinafter called “Declaration”), said Declaration being filed for record in the Office of the
County Clerk of Real County, Texas, as the same may be amended or supplemented from time to time as therein provided,
said Declaration being incorporated herein as if set forth at length, and terms used herein having the same meaning
as in the Declaration.
return to Index
return to Index
(b) fix levy, collect and enforce payment by any lawful means, all charges or
assessments pursuant to the terms of the Declaration; to pay all expenses in
connection therewith and all office and other expenses incident to the
conduct of the business of the Association, including all licenses, taxes or
governmental charges levied or imposed;
(c) dedicate or transfer all or any part of the Common Area, subject to the
conditions of the Declaration~
(d) borrow money, and pledge the Common Area and improvements thereon,
accounts receivable and assessment liens as security for such loan, subject to
the conditions of the Declaration;
(e) have and exercise any and all powers, rights and privileges which a
corporation organized under the Texas Non-Profit Corporation Act, V.A.T.S.,
article 1396, by law may now or hereafter have or exercise, subject only to the
limitations set forth herein and in the Declaration.
return to Index
Notwithstanding the foregoing enumeration of purposes, the Association will not perform any activity not permitted
for a homeowner’s association exempt from tax under the Internal Revenue Code, as the same now or may hereafter
exist. Without limiting the foregoing, the Association shall not pay dividends or other corporate income to its
members, directors or officers or otherwise accrue distributable profits or permit the realization of private
gain. The Association shall not have the power to engage in any activities, except to an insubstantial degree,
that are not in furtherance of the purposes set forth above.
The Association shall have no power to take any action that would be inconsistent with the requirements for a
tax exemption under Internal Revenue Code Section 5O1(c)(3) and related regulations, rulings, and procedures.
Regardless of any other provision in these Articles of Incorporation or state law, the Association shall have
no power to either (A) engage in activities or use its assets in manners that are not in furtherance of one or
more exempt purposes, as set forth above and defined by the Internal Revenue Code and related regulations, rulings,
and procedures, except to an insubstantial degree; or (B) to distribute its assets on dissolution other than
for one or more tax exempt purposes. On dissolution, the Association’s assets shall be distributed to an
organization exempt from taxes under Internal Revenue Code Section 501(c) (3) to be used to accomplish the general
purposes for which the Association was organized.
return to Index
—2—
return to Index
ARTICLE VI
Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject by
covenants of record to assessment shall be a member of the Association. The foregoing is not intended to include
persons or entities who hold an interest merely as security for the performance of an obligation. Ownership of
such Lot shall be the sole qualification for membership. Membership shall be appurtenance to and may not be separated
from ownership of a Lot; and the classes of membership shall be determined as provided in the Declaration.
ARTICLE VII
The Association shall have two (2) classes of voting membership:
Class A. Except as provided under “Class B” below, each Owner of a Lot shall be a Class A member.
Each Class A member shall be entitled to one vote for each Lot owned. When more than one person holds an interest
in any Lot, all such person; shall be members. The vote for such Lot shall be exercised as they determine, but
in no event shall more than one vote be cast with respect to any such Lot. Holders of future interests not entitled
to present possession (excepting Owners of Lots which are rented or leased to others) shall not be considered
as Owners for the purposes of voting hereunder.
Notwithstanding the above, an Owner of two (2) or more adjacent Lots may elect to combine all such Lots into
one “Lot” (herein sometimes called a “Combined Lot”) for the purpose of voting rights
and assessments under the Declaration. Election shall be made by written request to the Association, With proof
of ownership to each adjoining Lot in the name of Owner. Once accepted by the Association, the Combined Lot thereafter
shall be limited to one vote and shall be subject only to assessment as if the Combined Lot was only one (1)
Lot. Thereafter, should one or more Lots comprising such Combined Lot be transferred to another Owner, the status
of the transferred Lot(s) and other Lot(s) for voting and assessments thereafter will cease to be a Combined
Lot. If a Combined Lot is created, the change in voting rights and assessment obligations to a Combined Lot basis
shall not become effective until January 1 of the calendar year following acceptance by the Association.
Class B. The Class B member shall be “Declarant,” as defined in the Declaration, being The Estates
of River Tree, Ltd. and its successors and designated assignee (hereinafter called “Declarant”).
The Class B member shall be entitled to five (5) votes for each Lot in which such member holds the full fee
return to Index
—3--
return to Index
interest, provided that the Class B membership shall cease and convert to Class A membership when Declarant has
sold 80% of the Lots, as shown on the Plat (or any replat thereof).
Every member of the Association shall have a right and easement of enjoyment in and to any Common Area which
shall be appurtenance to and shall pass with the title to every Lot.
All such rights and easements shall be subject to the following provisions:
(a) The automatic suspension of voting rights of an Owner for any period during which any assessment against
his Lot remains unpaid.
(b) The right of the Association to suspend the right to use any recreational facility or Common Area by
an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed
sixty (60) days for each infraction of its published rules and regulations, which rules and regulations may be
adopted by resolution of the Association from time to time.
return to Index
(c) The right of the Association to dedicate or transfer all or any part of the Common Area for such purposes
and subject to such. conditions and limitations as are Bet forth in the Declaration. No such dedication or transfer
shall be effective unless an instrument signed by two-thirds (2/3rds) of the members agreeing to such dedication
or transfer has been filed of record in the Real Property Records of Real County, Texas, and unless written notice
of the proposed action is sent to every member not less than ten (10) days nor more than fifty (50) days in advance
of any action taken.
(d) The ri9ht of the Association to make rules and regulations concerning the use by members of the Common
Area, all on such terms as the Board of Directors of the Association may determine, including without limitation
the right of the Association to institute regulations and rules with respect to construction of any storage facilities.
(e) The right of the Association to collect and disburse funds as set forth in the Declaration.
(f) The right of the Association to borrow money as necessary or desirable to perform its functions under
the Declaration, and to mortgage and/or pledge the Common Area and improvements thereon, accounts receivable
and assessments liens as security for such loans upon the
return to Index
—4—
return to Index
approval thereof by members entitled to cast two-thirds (2/3rds) of the votes of the Association; provided, however,
that the rights of any such mortgagee in said properties shall be subordinate to the rights of the Owners under
the Declaration.
(g) The right (but not the obligation) of the Association to adopt, :implement and maintain for the Property
a private security system, a garbage collection system and an exterior lighting system for all private streets,
consistent with applicable laws.
(h) The right of the Association to establish rules and regulations governing traffic and parking on the
private streets and parking areas within the Common Area, and to establish sanctions for any violation or violations
of such rules and regulations.
(i) The right of the Association to regulate noise within the Property covered by the Declaration, including,
without limitation, the right of the Association to require mufflers on engines or to prohibit the use of devices
producing excessive noise.
(j) The right of the Association to control the visual attractiveness of the Property covered by the Declaration.
ARTICLE VIII
A. The affairs of this Association shall be managed by the Board of Directors. Until the August 1999 annual
meeting of the members, Directors need not be members. Thereafter, the members of the Board must be members of
the Association. The number of directors shall initially be three (3), but thereafter the number may be changed
by amendment of the By-Laws of the Association, The names and addresses of the persons who are to act in the
capacity of initial directors until the selection and qualification of their successors are:
Name Address
Scott Felder 10915 FM 2244
Austin, Texas 78733
Steve Hurst 8045 Masa Drive
Austin, Texas 78731
Delmar Huller P.O. Box 426
Hunt, Texas 78024
return to Index
—5—
return to Index
B. The initial Board of Directors to be selected at the first annual meeting of the members shall be appointed
by the Declarant and shall serve until Declarant has sold eighty percent (80%) of the Lots as shown on the Plat
of RiverTree Subdivision, as provided in the Declaration; and thereafter, the members shall elect a new Board
of Directors. Any vacancy in the initial Board of Directors shall be filled by appointment by Declarant.
C. At each election for directors every member entitled to vote at such election shall have the right to
vote, in person or by proxy, for as many persons as there are directors to be elected; members are expressly
precluded from cumulating their votes for directors.
ARTICLE IX
The Association may be dissolved with the assent given in writing and signed by members entitled to cast not
less than ninety percent (90%) of the votes of the entire membership. Upon dissolution of the Association, all
of the assets of the Association, if any, shall be distributed to an organization exempt from taxes under Internal
Revenue Code Section 501(c) (3) to be used to accomplish the general purposes for which the Association was organized,
as provided in the Texas Non-Profit Corporation Act.
return to Index
ARTICLE X
Amendment of these Articles .shall, require the assent given in writing and signed by members entitled to cast
not less. than seventy-five percent (75%) of the entire number of votes of both the Class A and the Class B membership.
ARTICLE XI
The name and street address of the incorporator is:
Name Address
Scott Felder 10915 FM 2244
Austin, Texas 78733
IN WITNESS WHEREOF, I have hereunto set my hand, this the 13 day of __June, 1995.
[ Document is signed by] SCOTT FELDER
—6—
[ Page 7 has the following information:] THE STATE OF TEXAS, COUNTY OF TRAVIS, This instrument was
acknowledge (sic) before me on this the 13th day of June, 1995, by SCOTT FELDER. [It is signed by:] Sherri
Pieratt, Notary Public, State of Texas
BY-LAWS OF
THE ESTATES OF RIVERTREE OWNER?S ASSOCIATION, INC.
A NON-PROFIT CORPORATION
_________________________________________
ARTICLE 1
NAME AND OFFICERS
return to Index
Name
1.01. The name of the Corporation is THE ESTATES OF RIVERTREE OWNER?S ASSOCIATION, INC., hereinafter referred
to as the “Association” or the “Corporation”. [see BL 2, 2.01 ]
Principal Office
1.02. The principal office of the Corporation in the State of Texas shall be located in the Community of
Hunt, County of Kerr. The Corporation may have such other offices, either within or without the State of Texas,
as the Board of Directors may determine or as the affairs of the Corporation may require from time to time.
Registered Office and Registered Agent
1.03. The Corporation shall have and continuously maintain in the State of Texas a registered office, and
a registered agent whose office is identical with such registered office, as required by the Texas Non-Profit
Corporation Act. The registered office may be, but need not be, identical with the principal office of the Corporation
in the State of Texas, and the address of the registered office may be changed from time to time by the Board
of Directors.
ARTICLE 2
DEFINITIONS
2.01. “Association” shall mean and refer to THE ESTATES OF RIVERTREE OWNER?S ASSOCIATION, INC.,
its successors and assigns. [see also D I, 1 ]
2.02. “Property” shall mean and refer to that certain real property described in the Declaration
of Covenants, Conditions and Restrictions for RiverTree Subdivision, and such additions thereto as may hereafter
be brought within the jurisdiction of the Association. [see also BL 2, 2.10]
return to Index
return to Index
2.03. “Common Area” shall mean all property together with any improvements thereon owned by
the Association for the common use and benefit of the Owners. The Common Area shall include and be limited to
the land designated on the Plat or any replat for RiverTree Subdivision as “Common Area”, including
the Hike and Bike Trail Common Area and the private streets shown on the Plat (or any replat).
2.04. “Declarant” shall mean and refer to The Estates of River Tree, Ltd., a Texas limited partnership,
and its successors and also its assignee if such assignee is designated in writing as an assignee of the rights
of Declarant under the Declaration.
2.05. “Lot” shall mean and refer to each Lot shown or designated on the Plat of RiverTree Subdivision,
to which map or plat reference is here made for all purposes, and including any additional lots shown or designated
upon any subsequent replat of any lot shown on the Plat.
2.06. “Owner” shall mean and refer to the record owner, whether one or more persons or entities,
of the fee simple title to any Lot which is a part of the Property, including contract seller(s), but excluding
those having such interest merely as security for the performance of an obligation.
return to Index
2.07. “Declaration” shall mean and refer to the Declaration of Covenants, Conditions and Restrictions
applicable to the Property recorded or to be recorded in the Office. of the County Clerk of Real County, Texas.
2.08. “Member” shall mean and refer to those persons entitled to membership as provided in the
Declaration.
2.09. “Plat” shall mean and refer to both (A) the subdivision plat for RiverTree Subdivision,
Phase I, recorded in Volume 1, Page 105 - 107, of the Plat Records of Real County, Texas, and (B) the proposed
subdivision plat for RiverTree Subdivision, Phase II, comprised of the remainder of the Property not included
in Phase I, to be hereafter filed of record by Declarant.
2.10. “Property” shall mean and refer to all of the land shown and described on Exhibit “A” attached
hereto and made a part hereof. [see also DI,5 ]
Other terms and phrases as used herein shall have the same meaning as in the Declaration.
return to Index
—2—
ARTICLE 3
return to Index
MEMBERS AND VOTING RIGHTS
The classes of Members and voting rights are as set forth in the Declaration and any amendments thereto.
ARTICLE 4
MEETING OF MEMBERS
Annual Meetings
4.01. The first annual meeting of the Members shall be held on the second Saturday in August, 1995 [and
each subsequent regular annual meeting of the Members shall be held on the same day of the same month of each
year thereafter this is changed by the Second Amendment to the By-Laws to the Saturday preceding Memorial Day. To
read the change, click GO.], at the hour of 10:00 o’clock A.M., for the purpose of electing Directors (after
Declarant?’s appointment rights as to Directors has expired as provided in the Declaration) and for the
transaction of other business as may come before the meeting. If the day fixed for the annual meeting shall be
on a legal holiday in the State of Texas, such meeting shall be held on the next succeeding business day. If
the election of Directors shall not be held on the day designated herein for any annual meeting, or any adjournment
thereof, the Board of Directors shall cause the election to be held at a special meeting of the Members as soon
thereafter as possible.
Special Meetings
4.02. Special meetings of the Members may be called by the President, the Board of Directors, or not less
than ten percent (10%), in number, of the Members having voting rights.
Place of Meeting
4.03. The Board of Directors may designate any place in Real County, Texas, as the place of meeting for
any annual meeting or for any special meeting called by the Board of Directors. If no designation is made or
if a special meeting be otherwise called, the place of meeting shall be the registered office of the Corporation
in the State of Texas; but if all of the Members shall meet at any time and place, either within or without the
State, and consent to the holding of a meeting, such meeting shall be valid without call or notice, and at such
meeting, any corporate action may be taken.
return to Index
—3—
return to Index
Notice of Meetings
4.04. Written or printed notice stating the place, day, and hour of any meeting of Members shall be delivered,
either personally or by mail, to each Member entitled to vote at such meeting, not less than ten (10) nor more
than fifty (50) days before the date of such meeting, by or at the direction of the President, or the Secretary,
or the Officers or persons calling the meeting. In case of a special meeting or when required by statute or these
By—Laws, the purpose or purposes for which the meeting is called shall be stated in the notice. If mailed,
the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed to
the Member at his address as it appears on the records of the Corporation, with postage thereon prepaid.
Quorum
4.05. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, thirty-three
and 33/100 percent (33 1/3%) of the votes of Membership shall constitute a quorum for any action except as otherwise
provided in the Articles of Incorporation, the Declaration, or these By—Laws. If, however, such quorum
shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to
adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum
as aforesaid shall be present or be represented
return to Index
Proxies
4.06. At any meeting of Members, a Member entitled to vote may vote by proxy executed in writing by the
Member or by his duly authorized attorney-in-fact. No proxy shall be valid after six (6) months from the date
of its execution, unless otherwise provided in the proxy. Each proxy is revocable. Each proxy shall automatically
cease upon conveyance by the Member of his Lot.
Voting By Mail
4.07. Where Directors or Officers are to be elected by Members, such election may be conducted by mail in
such manner as the Board of Directors shall determine.
Denial of Cumulative Voting
4.08. At each election for Directors, every Member entitled to vote at such election shall have the right
to vote, in person or
return to Index
—4—
return to Index
by proxy, for as many persons as there are Directors to be elected and for whose election he has a right to vote,
provided, however, no member may cumulate his votes by giving one candidate as many votes as the number of such
Directors multiplied by his vote shall equal or by distributing such votes on the same principle among any number
of such candidates.
ARTICLE 5
BOARD OF DIRECTORS
General Powers
5.01. The affairs of this Corporation shall be managed by its Board of Directors. For the first four
(4) years ending at the August 1999 annual meeting, Directors need not be Members. Thereafter, Directors
shall at all times be persons who are Members of the Corporation. The Board of Directors shall have the power
to exercise for the Association, all powers, duties and authority vested in or delegated to this Association
and not reserved to the Membership by other provisions of these By-Laws, the Articles of Incorporation, or the
Declaration. [see also Declarations IV, 12)
Number and Tenure
[THE FIRST TWO PARAGRAPHS OF 5.02 ARE REPLACED BY THE FIRST AMENDMENT TO THE BY-LAWS. TO READ THE CHANGES
CLICK: GO ]
5.02 The number of Directors may be increased from time to time by amendment to these By-Laws, provided,
however, the number of Directors of the Corporation shall not be less than three(3). return
to Index
The initial Board of Directors shall be appointed by the Declarant and shall serve until Declarant has sold eighty
percent (80%) of the Lots as shown on Plat, at which time the Members shall elect a new Board of Directors. The
Board initially elected by the Members shall hold office until the next annual meeting of Members. All Directors
shall continue to hold office until his term expires and until his successor has been elected and qualified. Directors
elected by the Members shall serve for a term of two (2) years.
5.03. Any vacancy occurring in the initial Board of Directors shall be filled by appointment by Declarant.
After expiration of Declarant’s appointment power, vacancies shall be filled by the affirmative vote of
a majority of the remaining Directors even though less than a quorum of the Board of Directors. A Director appointed
or elected to fill a vacancy shall serve the unexpired term of his predecessor in office. Any Directorship to
be filled by reason of an increase in the number of Directors shall be filled
return to Index
—5—
return to Index
by appointment as to the initial Board; and thereafter, shall be filled by election at an annual meeting or at
a special meeting of the Members called for that purpose.
If at any time after the August 1999 annual meeting any Director shall at any time sell of otherwise dispose
of or voluntarily or involuntarily cease to be an Owner during his term of office, then upon such termination
or cessation of his ownership interest, such Director shall automatically be deemed to have effectively resigned
from the Board and he shall automatically be removed therefrom.
Regular Meetings
5.04. A regular annual meeting of the Board of Directors sha1l be held without other notice than this By-Law,
immediately after, and at the same place as, the annual meeting of Members. The Board of Directors may provide
by resolution the time and place, in Real County, Texas, for the holding of additional regular meetings of the
Board without other notice than such resolution.
return to Index
Special Meetings
5.05. Special meetings of the Board of Directors may be called by or at the request of the President or
any two (2) Directors. The person or persons authorized to call special meetings of the Board may fix any place
in Real County, Texas, as the place for holding any special meeting of the Board called by them.
Notice
5.06. Notice of any special meeting of the Board of Directors shall be given at lease (sic) two (2) days
previously thereto by written notice delivered personally or sent by mail, FAX or telegram to each Director at
his address as shown on the records of the corporation. If mailed, such notice shall be deemed to be delivered
when deposited in the United States mail so addressed with postage thereon prepaid. If faxed, when transmitted
to the FAX number of record in the Corporation’s records. If notice be given by telegram, such notice shall
be deemed to be delivered when the telegram is delivered to the telegraph company. Any Director may waive notice
of any meeting. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting,
except where a Director attends a meeting for the express purpose of objecting to the transaction of any business
because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose
of, any regular meeting of the Board
return to Index
—6—
return to Index
need to be specified in the notice or waiver of notice of such meeting, unless specifically required by law or
by these By-Laws. All notices of special meetings shall specify the business to be transacted at such meeting
and no other business not so specified shall be acted upon at any special meeting.
Quorum
5.07. A majority of the Board of Directors shall constitute a quorum for the transaction of business at
any meeting of the Board; but if less than a majority of the Directors are present at said meeting, a majority
of the Directors present may adjourn the meeting from time to time without further notice.
Manner of Acting
5.08. The act of a majority of the Directors present at a meeting at which a quorum is present shall be
the act of the Board of Directors, unless the act of a greater number is required by law or by these By-Laws.
A Director may vote in person or by proxy executed in writing by the Director. No proxy shall be valid after
three (3) months from the date of its execution. Each proxy shall be revocable unless expressly provided therein
to be irrevocable, and unless otherwise made irrevocable by law. Directors present by proxy may not be counted
toward a quorum.
Compensation
5.09. Directors as such shall not receive any stated salaries for their services, but by resolution of the
Board of Directors, a fixed sum and expenses of attendance, if any, may be allowed for attendance at each
regular or special meeting of the Board; but nothing herein contained shall be construed to preclude any Director
from serving the Corporation in any other capacity and receiving compensation therefore.
Informal Action by Directors
[Section 5.10 is completely replaced by the Second Amendment to the By Laws. To read the change, click GO.]
5.10. Any action required by law to be taken at a meeting of Directors, or any action which may be taken
at a meeting of Directors, may be taken without a meeting if a consent in writing, setting forth the action so
taken, shall be signed by all of the Directors. Such approval in writing may be evidence by the original signature
of a Director or a facsimile thereof transmitted to the Board of Directors.
return to Index
—7—
return to Index
5.11. The Board shall adopt an annual budget for the estimated corporate expenses each year, and to provide
the manner of assessing and collecting from the Members their respective shares of such estimated expenses, subject
to any limitations contained in the Declaration. The annual budget as estimated by the Board for each fiscal
year shall be approved by the Board, and copies thereof shall be furnished to each Member at least thirty (30)
days prior to the annual meeting of the Members.
5.12. The Corporation shall indemnify, hold harmless and reimburse any person who serves as a director,
officer, agent or employee of the Corporation against expenses actually and necessarily incurred by such person,
and against any amount paid in satisfaction of judgment in connection with any action, suit, or proceeding in
which he is made a party by reason of being or having been such a director, officer, agent or employee to the
fullest extent allowed by applicable law; subject to and in accordance with the laws of the State of Texas with
respect thereto.
5.13. No person shall be liable to the Corporation for any loss or damage suffered by it resulting from
any action taken or omitted to be taken by him as a director or officer of the Corporation in good faith and
as if such person exercised or used the same degree of care and skill as a prudent man would have exercised or
used in the same or similar circumstances in the conduct of his own affairs.
ARTICLE 6
OFFICERS
Officers
6.01. The Officers of the Corporation shall be a President, a Vice-President, a Secretary, a Treasurer,
and such other Officers as may be elected in accordance with the provisions of this Article. The Board of Directors
may elect or appoint such other Officers, including one or more Assistant Secretaries and one or more Assistant
Treasurers, as it shall deem desirable, such Officers to have the authority and perform the duties prescribed,
from time to time, by the Board of Directors. Any two or more offices may be held by the same person, except
the offices of President and Secretary. [see also BL 6, 6.09 ]
return to Index
—8—
return to Index
Election and Term. of Office
6.02. The Officers of the Corporation shall be elected annually by the Board of Directors at the regular
annual meeting of the Board of Directors. If the election of Officers shall not be held at such meeting, such
election shall be held as soon thereafter as conveniently may be possible. New offices may be created and filled
at any meeting of the Board of Directors. Each Officer shall hold office until his successor shall have been
duly elected and shall have qualified.
Removal
6.03 Any Officer elector (sic) or appointed by the Board of Directors may be removed by the Board of Directors
whenever in its judgment the best interests of the Corporation would be served thereby.
return to Index
Vacancies
6.04. A vacancy in any office because of death, resignation, disqualification or otherwise, may be filled
by the Board of Directors for the unexpired portion of the term.
President
6..05. The President shall be the principal Executive Officer of the Corporation and shall in general supervise
and contral all of the business and affairs of the Corporation. He shall preside at all meetings of the Members
and of the Board of Directors. He may sign with the Secretary or any other proper Officer of the Corporation
authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the
Board of Directors have authorized to be executed; except in cases where the signing and execution thereof shall
be expressly delegated by the Board of Directors or by these By-Laws or by statute to some other Officer or agent
of the Corporation; and in general he shall perform all duties incident to the office of President and such other
duties as may be prescribed by the Board of Directors from time to time.
Vice-President
6.06. In the absence of the President or in the event of his inability or refusal to act, the Vice-President
shall perform the duties of the President, and when so acting shall have all the
return to Index
—9—
return to Index
powers of and be subject to all the restrictions upon the President. The Vice-President shall perform such other
duties as from time to time may be assigned to him by the President or Board of Directors.
Treasurer
6.07. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge
of his duties in such sum and with such surety or sureties as the Board of Directors shall determine. He shall
have charge and custody of and be responsible for all funds and securities of the Corporation; receive and give
receipts for moneys due and payable to the Corporation from any source whatsoever, and deposit all such moneys
in the name of the Corporation in such banks, trust companies, or other depositaries as shall be selected in
accordance with the provisions of Article 8 of these By-Laws; and in general perform all the duties incident
to the office of Treasurer and such other duties as from time to time may be assigned to him by the President
or by the Board of Directors.
Secretary
6.08. The Secretary shall keep the minutes of the meetings of the Members and of the Board of Directors
in one or more books provided for that purpose; give all notices in accordance with the provisions of these By-Laws
or as required by law; be custodian of the Corporate records of the Corporation; keep a register of the post
office address of each Member which shall be furnished to the Secretary by each Member; and, in general, perform
all duties incident to the office of Secretary and such other duties as form time to time may be assigned to
him by the President or by the Board of Directors.
Assistant Treasurers and Assistant Secretaries
6.09. The Assistant Treasurers and Assistant Secretaries in general shall perform such duties as shall be
assigned to them by the Treasurer or the Secretary or by the President or the Board of Directors.
Compensation
6.10. The Secretary, Treasurer and/or the Assistant Secretary and/or Treasurer may receive compensation
for their services if approved by resolution of the Board of Directors.
return to Index
— 10 —
return to Index
ARTICLE 7
COMMITTEES
Architectural Control Committee
7.01. The Architectural Control Committee shall consist of three (3) persons subject to appointment and
removal by Declarant, as provided in the Declaration, until such time as Declarant has appointment and removal
of the three (3) persons shall be by the Board of Directors of the Association. Declarant may delegate the
power of appointment and removal to the Board of Directors at such earlier time as Declarant deems advisable.
The Architectural Control Committee designated by the Board of Directors shall be subject to all the provisions
hereinafter set forth for other committees.
Other Committees
7.02. Committees not having and exercising the authority of the Board of Directors in the management of the Corporation
may be designated by a resolution adopted by a majority of the Directors present at a meeting at which a quorum
is present. Membership on such Committees may, but need not be, limited to Directors. Except as otherwise provided
in such resolution, Members of each such Committee shall be Members of the Corporation, and the President of
the Corporation shall appoint the Members thereof. Any Members thereof may be removed by the person or persons
authorized to appoint such Member whenever in their judgment the best interest of the Corporation shall be served
by such removal. The resolution designating such Committee shall set forth the term of office of the Members
and procedure for designation of Chairman, method of filling vacancies, designating a quorum and establishing
rules for its own government not inconsistent with these By-Laws, statutory law or with rules adopted by the
Board of Directors.
ARTICLE 8
CONTRACTS, CHECKS, DEPOSITS, AND FUNDS
Contracts
8.01. The Board of Directors may authorize any Officer or Officers, agent or agents of the Corporation, in addition
to the Officers so authorized by these By-Laws, to enter into any contract
return to Index
— 11 —
return to Index
or execute and deliver any instrument in the name of and on behalf of the Corporation that is not inconsistent
with the Declaration. Such authority may be general or confined to specific instances.
Checks and Drafts
8.02. All checks, drafts or orders for the payment of money, notices, or other evidences of indebtedness issued
in the name of the Corporation shall be signed by such Officer or Officers, agent or agents of the Corporation
and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence
of such determination by the Board of Directors, such instruments shall be signed by the Treasurer or an Assistant
Treasurer and countersigned by the President or Vice—President of the Corporation.
return to Index
Deposits
8.03. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation
in such banks, trust companies, or other depositaries as the Board of Directors may select.
Gifts
8.04. The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or
devise for the general purpose or for any special purpose of the Corporation.
ARTICLE 9
BOOKS AND RECORDS
The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the
proceedings of its Members, Board of Directors, and Committees having any of the authority of the Board of Directors,
and shall keep at the registered or principal office a record giving the names and addresses of the Members entitled
to vote. All books and records of the Corporation, including the Articles of Incorporation and the By-Laws of
the Association and the Declaration, shall be available and may be inspected by any Member or his agent or attorney
at the principal office of the Association, for any proper purpose at any reasonable time and copies may be purchased
at a reasonable cost.
return to Index
— 12 —
return to Index
ARTICLE 10
ASSESSMENTS
[Article 10 is deleted and restated totally in the Third Amendment. To read the changes, click GO.]
As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special
assessments which are secured by a continuing lien upon the property against which the assessment is made. Any
assessments which are not paid when due shall be delinquent. If the assessment is not paid within fifteen (15)
days after the due date the same shall be subject to a one—time late charge of ten percent (10%) of the
past due amount, and any assessment not paid within thirty (30) days after its due date shall bear interest from
such thirtieth (30th) date until paid at the rate of twelve percent (12%) per annum. The Association may bring
an action at law against the Owner personally obligated to pay the assessment or foreclose the lien against the
owner’s property. Interest, late fees, costs, and reasonable attorneys fees may be added to and become
a part of such assessment, as provided in the Declaration. No Owner may waive or otherwise escape liability for
the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.
ARTICLE 11
CORPORATE SEAL
The Association shall not be required to have a corporate seal.
ARTICLE 12
AMENDMENTS TO BY-LAWS
The power to alter, amend, or repeal the By-Laws or to adopt new By-Laws, shall be vested in the Members and
the By-Laws may be altered, amended, or repealed and the new By-Laws may be adopted at a regular or special meeting
of the Members called for that purpose by a majority vote of a quorum of Members present in person or by
proxy, unless a - greater quorum or vote is required by the Declaration. Notice of all such meetings of
the Members shall be given as provided in Section 4.04. of the By-Laws and shall specify the section or sections
of the By-Laws proposed to be altered, amended, or repealed.
return to Index
— 13 —
return to Index
ARTICLE 13
WAIVER OF NOTICE
Whenever any notice is required to be given under the provisions of the Texas Non-Profit Corporation Act or under
the provisions of the Articles of Incorporation or the By-Laws of the Corporation, a waiver thereof in writing
signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall
be deemed equivalent to the giving of such notice.
ARTICLE 14
FISCAL YEAR
The fiscal year of the Corporation shall begin on September 1 of each year and end on August 31 of the following
year.[The Second Amendment to the By-Laws changes this to June 1 thru May 31 of the next year. To read the
Amendment, click GO.]
return to Index
ARTICLE 15
CONFLICTS
In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control;
and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.
I, the undersigned, do hereby certify:
That I am the duly elected and acting Secretary of the THE ESTATES OF RIVERTREE OWNER?S ASSOCIATION, INC., a
Texas Non-Profit Corporation; and that the foregoing By-Laws constitute the original By-Laws of said Association,
as duly adopted by unanimous consent of the Directors thereof on the 13th day of _July, 1995.___________
1995
.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this the 13th
day of July, 1995.
[Signed by] Delmar Hiller, Secretary
6750. 1\By—Laws return to Index
— 14 —