Deed Restrictions Section 1 and 2


Deed Restrictions
GENERAL PURPOSES OF THIS DECLARATION ···································1
DEED RESTRICTIONS FOR FOREST WEST SECTIONS ONE AND TWO ·················1
DEFINITIONS ····························································2
ARTICLE I – PROPERTY SUBJECT TO THIS DECLARATION ·······················3
1. Property Subject to this Declaration ································3
2. Limitations Regarding Application of this Declaration ···············3
3. Repealer Clause ·····················································3
ARTICLE II – RESIDENTIAL RESTRICTIONS ··································3
1. Rules and Regulations ···············································3
2. Owners Responsibilities ·············································4
3. Residential Use ·····················································4
4. Business, Professional, Commercial, or Manufacturing Use ············5
5. Group Homes, Day-Care Centers and Treatment Facilities ··············5
6. Pets, Animals, and Livestock ········································5
7. Vehicles, Parking, Storage Containers ·······························5
8. Water and Sewer ·····················································6
9. Disposal of Trash ···················································6
10. Time sharing Prohibited ············································6
11. Mineral Production ·················································6
12. Community Properties for Use and Enjoyment ·························6
ARTICLE III – ARCHITECTURAL AND LOT RESTRICTIONS ·······················7
1. Type of Residence ···················································7
2. New Construction and Modifications ··································7
3. Variances ··························································12
4. Pre-Existing Violations ············································12


ARTICLE IV – BUSINESS USE RESTRICTIONS ································12
1. Land Use ···························································12
2. Protective Screening ···············································12
3. Building Location ··················································13
4. Public Sidewalks ···················································13
5. Utility Easements ··················································13
6. Oil and Mining Operations ··········································13
7. Garbage and Refuse Disposal ········································14
ARTICLE V – NOTICES ···················································14
1. Notice to the Association, Board or ACC ····························14
2. Notice to Owners and Tenants ·······································14


ARTICLE VI – VIOLATIONS ···············································14
1. Initiation of Actions on Alleged Violations ························14
2. Reporting of Alleged Violation ·····································14
3. Actions Subsequent to the Report of a Violation ····················14
4. Finding a Violation of the Restrictive Covenants ···················15
5. Failure by an Owner to Cure a Violation ····························16


6. Notice and Opportunity to be Heard ·································16
ARTICLE VII – GENERAL PROVISIONS AND AMENDMENTS ·······················16
1. Term ·······························································16
2. Amendment by Owners ················································16
3. Amendment by Association ···········································16
4. Conflicts in Governing Documents ···································17
5. Interpretation ·····················································17
6. Effective Date ·····················································17


ARTICLE VIII – ANNUAL MAINTENANCE AND COMMUNITY SERVICE FEE ···········17
1. Residential Area Covenants ·········································17
2. Annual Maintenance Assessment ······································17
3. Association Liability ··············································18
4. Establishment and Purposes of Maintenance Fund ·····················18
5. Purposes of Community Service Fee ··································18
6. Special Assessment ·················································18
7. Board of Directors Budgeting Process Established ···················18
8. Board of Directors Limited Increases and Decreases ·················19
9. Personal Obligation; Transferees ···································19
10. Statement of Assessments ··········································19


APPENDIX ······························································22
Appendix A – The Architectural Control Committee (ACC) ················22

 

GENERAL PURPOSES OF THIS DECLARATION


The purpose of the restrictive conditions, covenants, reservations,
easements, charges, and liens set forth in these Deed Restrictions is to
establish directives that will protect the Owners while maintaining the
integrity and overall aesthetics of the Forest West Subdivision
(“Subdivision”). In order to ensure the long-term preservation of the
Subdivision overall, and further enhance the Subdivision as a desirable
place in which to live, any and all development and activities is
subject to the restrictive conditions, covenants, reservations,
easements, charges, and liens set forth in these Deed Restrictions and
Forest West Governing Documents.

DEED RESTRICTIONS FOR FOREST WEST
SECTIONS ONE AND TWO


A RESIDENTIAL SUBDIVISION IN HARRIS COUNTY, TEXAS

STATE OF TEXAS §
COUNTY OF HARRIS §

The Amended and Restated Deed Restrictions for Forest West, Sections One and Two are effective as of the date of
recording in the Official Public Records of Real Property of Harris County, Texas.
WHEREAS, the property described in Article I, Section 1 of the Deed Restrictions was heretofore subjected to certain
covenants, conditions, restrictions and easements as set forth in the “Initial Declaration” as hereafter defined; and
WHEREAS, the undersigned Owners, being not less than a majority of the Owners of the total number of Lots within
the Subdivision, desire to restate, modify and amend the Initial Declaration pursuant to the conditions and requirements
recited in the Initial Declaration; and
WHEREAS, the restatement, modification, and amendment of the Initial Declaration is set forth in these Restated and
Amended Deed Restrictions for Forest West Sections One and Two (hereinafter referred to as “Deed Restrictions”).
NOW, THEREFORE, it is hereby declared that all of the properties within the subdivision shall be held, sold,
and conveyed subject to the following restrictive covenants, conditions, restrictions, easements, charges, and liens
(hereinafter collectively referred to as “covenants and restrictions”). These covenants and restrictions shall run with
said real property and be binding upon all parties having or hereafter acquiring any right, title, or other interest in said
real property or any part thereof, their heirs, predecessors, successors, and assigns, and shall inure to the benefit of each
Owner thereof.

DEFINITIONS


ACC – The Architectural Control Committee. Please refer to ‘Appendix A.’

Community Service Fee – The fee collected from residents in the
neighborhood and which is used solely for services for the neighborhood
according to Texas Property Code Chapter 204. See ‘Amendment 1’ for
details.

Duplex – As used in the Deed Restrictions, “Duplex” means a single
residential building, which contains two separate single family
residential units.

FWCIA – The Forest West Community Improvement Association.

Garage – A building designed to store a motor vehicle or vehicles.

Initial Declaration – As used in the Deed Restrictions, Initial
Declaration is defined as that certain instrument entitled “Restrictive
Covenants of Forest West Section One” currently on file under the Harris
County Clerk’s File No. B923831, Official Public Records of Real
Property of Harris County Texas, and recorded in Volume 5592, Page 498
et seq., as subsequently amended under Harris County Clerk’s File No.
C128019 and extended under Harris County Clerk’s File No. X773632,
Official Public Records of Real Property of Harris County Texas, and
that certain instrument entitled “Restrictive Covenants of Forest West,
Section Two” currently on file under the Harris County Clerk’s File No.
C180858, Official Public Records of Real Property of Harris County,
Texas, and recorded in Volume 6108, Page 622, et seq., Deed Records of
Harris County, Texas.

Lot Line Fencing – Any and all fences and freestanding walls, wherever
located on any Lot to include gateposts, hedges, or planters (“hedge”
meaning a row of bushes, shrubs, and similar plants which exceed or are
expected to exceed three (3) feet in height and have sufficiently dense
foliage as to present a physical barrier similar to a fence).

Maintenance Fee – A per Lot flat fee collected from all residents in the
neighborhood which is used solely for the neighborhood and improvement
of common areas and amenities. See ‘Amendment 1’ for more details.

Porte Cocheres – A roofed structure covering a driveway to provide shelter when entering or leaving a vehicle.

Single Family – As used in this Declaration the term “single family”
means either: (i) husband and wife, their dependent children and their
dependent parents, grandparents, grandchildren, brothers and sisters who
are maintaining a common household and who are members of a single
family related by blood, marriage or adoption; or (ii) one or more
natural persons not so related but who are maintaining a common
household in a single family residence on a nonprofit, noncommercial
basis with a common kitchen and dining area; and (iii) the bona fide
domestic servants of either. “Dependent Children” means the sons and
daughters, by blood or adoption, of the husband and/or wife who do not
maintain a separate residence, but does not include the children or any
other relatives of the sons or daughters living at home. “Dependent
parents, grandparents, grandchildren, brothers and sisters” means such
relatives who do not maintain a separate residence and are not able to
maintain a separate residence due to a physical or mental impairment
that substantially limits their ability to maintain a separate
residence; and, in addition in the case of grandchildren, where their
parents are similarly impaired or are deceased.

Xeriscaping – (often incorrectly spelled zero-scaping or xeroscaping) is
landscaping and gardening that reduces or eliminates the need for
supplemental water from irrigation. Xeriscaping may be an alternative to
various types of traditional gardening.

ARTICLE II – Residential Restrictions


1. Rules and Regulations
The Board is hereby specifically authorized to promulgate, amend, modify
and delete such reasonable Rules and Regulations applicable to the
operation, use, and occupancy of the Subdivision, including all Lots and
Community Properties as from time to time the Board may deem beneficial
to the Subdivision. Such authority includes, but is not limited to, (i)
the type and size of vehicles permitted within the Subdivision, traffic
and parking regulations, and maximum permissible noise levels of
vehicles within the Subdivision, and (ii) procedures and reasonable
restrictions and limitations on the right to use Community Properties.
Rules and Regulations are of equal dignity with and may be enforceable
in the same manner as the provisions of the Deed Restrictions.

  1. Rules and Regulations may not be enacted retroactively.
  2. Rules and Regulations may not be incompatible with the provisions of this Deed Restrictions.
  3. Rules and Regulations will not become effective until thirty (30)
    days after mailed notice thereof is given to all Owners or such later
    date as is stated in the notice.

2. Owner Responsibilities

    1. General Responsibilities It is the continuing responsibility of each
      Owner to prevent the development or existence of any unclean,
      unhealthy, unsightly, or unkempt condition on such Owner’s Lot. All
      Owners have a duty to prevent the presence of such a condition by
      regulating

      1. the nature of objects, things, and materials which are allowed to remain on any Lot,
      2. the nature of objects, things, and materials that are used on any Lot,
      3. the activities conducted on any Lot, and
      4. the overall condition and level of maintenance provided on each Lot.

      Each
      Owner is required to maintain all structures/improvements on their Lot
      in a manner consistent with good maintenance through timely repairs and
      upkeep to prevent unsightly residences. Consistent maintenance and
      upkeep will be required on all landscaping, whether artificial or
      natural. This includes, but is not limited to trees, hedges, bushes,
      grass, and non-vegetation landscaping. All landscaping shall be trimmed,
      pruned and maintained regularly as needed to present a neat appearance,
      with lawns not exceeding the height permitted by the City of Houston
      ordinances or applicable laws. Dead, diseased or damaged trees that may
      present a hazard to property or persons on a Lot or to an adjacent Lot
      must be promptly repaired or removed. All maintenance of a Lot and all
      improvements thereon is the sole responsibility of the Owner.

 

    1. Nuisance or Annoyance
      No substance, thing, or material may be kept upon any Lot that will
      emit foul or obnoxious odors, or that will cause any noise or other
      conditions that will or might disturb the peace, safety, quiet, comfort,
      or serenity of the occupants of surrounding property. No Lot may be
      used for illegal purposes. All Owners and their tenants must abide by
      the established state and local laws regarding excessive noise.

 

  1. Pollutants; Hazardous Materials
    No Owner or tenant shall dump any materials whatsoever into any sewer
    system, water system, or drainage ditch within the Subdivision. Storage
    of any toxic or hazardous materials on any Lot within the Subdivision is
    strictly prohibited. An exception is granted for storage of hazardous
    chemicals and other materials when used in the operation of a household
    to the extent that the materials stored on the Lot are actually used for
    that purpose.

3. Residential Use
Except as stated otherwise in the Deed Restrictions, each and every Lot
is hereby restricted to single family residential use. No residence may
be occupied by more than one single family. Existing duplexes may be
maintained on Lots 22 through Lot 37 in Block 1, Section 1, and Lots 99,
100, 105, 107 and 108 in Block 4, Section 1, of Forest West. Duplexes
are prohibited on any other Lots in Forest West.

4. Business, Professional, Commercial, or Manufacturing Use
A single family residence may be used for the maintenance of a business
office if, and only if, business activities conducted in that office

  1. do not involve use of any part of the applicable Lot, or any
    structure located thereon, by any person other than the Owner or Owner’s
    tenant and the general public is not invited, permitted or allowed to
    enter the Lot to conduct any business thereon,
  2. are not detectable by sight, sound, or smell from outside the
    residence and there is no nuisance caused by the business activities,
  3. do not in any way pose a threat to the general health or safety and do not constitute a nuisance to any other person,
  4. comply with all applicable City ordinances and any other laws governing that activity,
  5. are consistent with the residential character of the Subdivision, and
  6. do not cause any annoyance or unreasonable inconvenience to Owners or occupants of area Lots or any Community Properties.

5. Group Homes, Day-Care Centers, and Treatment Facilities
To the fullest extent allowed by law, no Lot or any part of a single
family residence thereon may be used for the operation of a facility
defined by the City or State as a day-care center, group home, half-way
house, rehabilitation center, treatment facility, or residence of
unrelated individuals who are engaging in any group living,
rehabilitation, treatment, therapy, or training with respect to previous
or continuing criminal activities, alleged criminal activities, alcohol
or drug dependency, physical or mental handicaps or illness or other
similar matters.

6. Pets, Animals, and Livestock
No animals, livestock or poultry may be raised, bred, kept, or
maintained on any Lot, except for those animals that are kept in
accordance with the City of Houston ordinances.

7. Vehicles, Parking and Storage Containers

  1. Prohibited Vehicles No vehicle of any kind (operative or not) shall
    be permitted to be parked on any unpaved portion of any Lot. No boat,
    mobile home, trailer, tractor trailer, semi-truck, camper, storage pod,
    dumpster, 4 wheeler, bus, inoperable or unused vehicle may be parked,
    stored, or kept within the subdivision if it is visible and exposed to
    public view longer than nine (9) consecutive days with occurrences being
    limited to one per month per residence. Any variances must be approved
    by the ACC.
  2. Repair of Vehicles Any repair work done on a vehicle must be
    conducted entirely out of public view or must be completed within two
    (2) days. No inoperable vehicle may remain on a Lot for more than nine
    (9) days after such vehicle becomes inoperable, unless such vehicle is
    stored out of public view.
  3. Towing The Board may remove a vehicle which is parked, stored, or
    maintained in violation of the Deed Restrictions or other Governing
    Documents from the Subdivision at the sole cost and expense of the
    Person owning such vehicle (whether or not such Person is an Owner). The
    Board and any person working under the authority of the Board shall
    have no liability whatsoever for removal of any vehicle.
8. Water and Sewer
No septic tank, private water well or similar private sewage is
permitted on any Lot (refer to the City of Houston Ordinance and
Guidelines).9. Disposal of Trash
No trash, rubbish, garbage, manure, debris, or offensive material of any
kind may be kept or allowed to remain on any Lot, nor may any Lot be
used or maintained as a dumping ground for such materials. No
incinerator may be maintained or used to dispose of any materials within
the Subdivision. All trash or similar matter must be stored, prior to
disposal, behind the setback lines. Trash and trash receptacles should
not be allowed to remain curbside for extended periods of time and
should be removed within 24 hours of scheduled pickup.10. Timesharing Prohibited
No Lot may be made subject to any type of timesharing, fraction-sharing
or similar program whereby the right to exclusive use of the Lot or the
single family residence rotates among members of the program on a fixed,
floating or other time schedule.11. Mineral Production
No drilling, development operations, refining, quarrying or mining
operations of any kind shall be permitted upon any Lot, nor shall oil
wells, tanks, tunnels, mineral excavation or shafts be permitted upon
any Lot.12. Community Properties for Use and Enjoyment
Every Owner of a Lot has a right of ingress and egress, use and
enjoyment in and to the Community Properties, which are appurtenant to
and pass with the title to a Lot, subject to the provisions of the Deed
Restrictions. The Board has a continuing right upon notice and
opportunity to be heard, to suspend the right of an Owner, and the
Owner’s tenant, to the use of all or any portion of the Community
Properties for any breach, violation, or infraction of the Deed
Restrictions, Governing Documents, or such other Rules and Regulations
as may be promulgated, until such infractions are cured.ARTICLE III – Architectural and Lot Restrictions


1. Type of Residence

  1. Single Family Residence
    No building other than one single family residence not to exceed two
    stories which is to be occupied as a residence by one single family,
    appurtenant garage and such outbuildings, may be constructed on a
    Lot (including each unit within a duplex as provided in
    Article II, Section 3).
  2. Garages, Outbuildings and Garage Doors
    All single family residences must have an enclosed attached or detached
    garage capable of accommodating a minimum of two (2) vehicles. Each
    garage must contain a minimum of three hundred fifty (350) square feet
    of interior floor space. The garage must be architecturally similar and
    compatible to the appurtenant residence, including roofline and
    appearance. No garage or outbuilding may exceed in height the dwelling
    to which it is appurtenant.
  3. Garage Usage
    No portion of any garage may be used as a permanent residence, living
    quarters, or for any similar use. Porte cocheres may be used in place of
    a garage. Construction of new carports/porte cocheres requires prior
    approval by the ACC and must correspond in style and architecture to the
    residence located upon the Owner’s Lot.

2. New Construction and Modifications
New construction plans and proposed exterior building improvements that
visibly alter the integrity or appearance of the existing structure(s),
excluding general upkeep, cannot commence until plans for such
construction have been submitted by the Owner in writing to, and
approved in writing by, the ACC. Plans submitted to the ACC must include
a detailed description and drawing of the foundation, floor plan, all
elevations, all exterior building materials, and a survey showing
location of all proposed structures and buildings (relative to building
lines and easements), with dimensions and trees, including notation of
any trees to be removed. Once an Owner has submitted all required
documentation for construction, the ACC will either approve or deny the
proposed construction/improvements within thirty (30) days of actual
receipt of the plans and request for approval. No residence, building or
structure may be moved from another location to any Lot without the
prior written approval of the ACC. New construction and major
improvements to existing structures must be completed within nine (9)
months of commencement, including construction of the residence and
garage. Pier and Beam foundations have a height limit of thirty six (36)
inches above the ground.

If the ACC fails to respond to a request within thirty (30) days, as
detailed above, approval of the proposed Regulated Modification will
not be required. A request for additional information issued by
the ACC to an Owner will be considered denial of a request for
approval. The ACC’s thirty (30) day response deadline will
commence only upon receipt of a completed request for
approval. THIS PROVISION SHALL NOT APPLY IF NO PLANS FOR A
REGULATED MODIFICATION OR NO SPECIFIC REQUEST FOR APPROVAL HAS BEEN
SUBMITTED TO THE ACC.

  1. Tear Down and Rebuild of Structures to Include Casualty Losses
    An Owner desiring to demolish an existing residence for purposes of
    rebuilding will have a maximum of one hundred twenty (120) days from
    start of demolition to remove the existing structure(s) and
    subsequent debris from the affected Lot. Completion of the
    restoration/rebuilding/repair must be completed within nine (9)
    months from the time construction begins.Whether or not insured, if any residence located on a Lot is
    destroyed or rendered uninhabitable by fire, wind, rain or
    any other disaster, or is condemned by the City of Houston, the
    Owner of the Lot must either begin repair and restoration of
    the property or clean the Lot of debris within one hundred
    twenty (120) days of the date of the disaster or condemnation. If
    repair or replacement is not possible, or not desired, any
    building or other Regulated Modification that is damaged or destroyed
    must be either razed or removed in its entirety from the
    affected Lot within one hundred fifty (150) days from the date of the
    loss or condemnation. All building construction must follow the
    requirements outlined within this document and must adhere
    to the Lot line restrictions.
  2. Tents, Mobile Homes, and Temporary Structures
    No tent, shack, mobile home, or other structure of a temporary nature
    shall be placed upon any Lot or elsewhere in the
    Subdivision. The foregoing prohibition does not restrict the
    construction or installation of a single utility or similar outbuilding
    to be permanently located on a Lot, provided it receives the
    prior approval of the ACC. In addition, special event party tents or
    similar temporary structures may be erected for a period of
    forty-eight (48) hours without ACC approval or a longer length of time
    if
    approved by the ACC.
  3. Living Area Requirements
    As more particularly described above, the habitable area of the main
    residential structure, measured to the outside of each wall, exclusive
    of open porches, garages, porte-cochere, and roof overhangs,
    must not be less than one thousand, three hundred (1,300) square feet
    for a one-story, single-family dwelling; nor less than one
    thousand, four hundred (1,400) square feet for a two-story,
    single-family
    dwelling. The ground floor of any two-story, single-family
    dwelling, when so measured, must contain at least nine hundred (900)
    square feet. The maximum square footage is determined by the
    setback and easement lines.
  4. Duplex BuildingsAny duplex building that is constructed in accordance with
    the terms of the Deed Restrictions must have a total habitable
    area of not less than one thousand nine hundred (1,900) square
    feet, with not less than nine hundred (900) square feet of
    habitable area in each of the units located within the duplex.
    Either a single family residence or a duplex may exist upon
    Lots 22 through Lot 37, in Block 1, Section 1, and Lots 99, 100,
    105, 107 and 108 in Block 4, Section 1, of the Subdivision.
    Subject to the exception above, duplexes are prohibited in
    Forest West. If any duplex residential building is demolished or
    otherwise destroyed with the intent of rebuilding, only a
    single-family residential building can be constructed on the Lot.
    Alternate rebuild plans must be approved by the ACC.

 

E. Building Location

  1. Front Lot Line – No building shall be located on any Lot nearer to
    the front Lot line or nearer to the side street line than the minimum
    building setback lines shown on the applicable survey or plat. In any
    event, no building shall be located on any Lot nearer than twenty five
    (25) feet to the front Lot line and ten (10) feet to any side street
    line.
  2. Interior Lot Line – No building shall be located nearer than five
    (5) feet to an interior Lot line, except that a three (3) foot side yard
    shall be permitted for a detached garage or other permitted detached
    accessory building located thirty (30) feet or more from the minimum
    building setback line. No habitable portion of a dwelling shall be
    located on any interior Lot nearer than ten (10) feet to the rear Lot
    line.
  3. Corner Lot Setback – Residences on corner Lots must face the street
    on which the Lot has a building setback line from the street of twenty
    five (25) feet.
  4. Corner Lot Side Street – If, on a corner Lot, a garage faces the
    side street of that Lot, then the wall of any garage so situated must be
    at least twenty (20) feet from the side street property line.
  5. Porte-cocheres – No porte-cochere shall be placed or maintained
    nearer to a street than the minimum building setback lines, nor nearer
    to any other Lot line than five (5) feet. No porte-cochere will be
    permitted on any Lot that does not have a usable garage for at least two
    (2) automobiles. Porte-cocheres will be considered garages and must
    comply with all requirements for garages.
  6. Home Extensions – For the purposes of this covenant, eaves, steps,
    and open porches shall not be considered part of a building. However,
    this provision will not be construed to permit any portion of a building
    to encroach on another Lot.
  7. Lot Area and Width – No residence shall be erected on any Lot having
    a width of less than sixty (60) feet at the minimum building set back
    line.
  8. Subdividing Prohibited – No Lot as shown on the applicable Plat, and
    no Building Site as it exists on the date of the filing of this
    Declaration in the Official Public Records of Real Property of Harris
    County, Texas, may be subdivided or its boundaries changed except in
    conjunction with the combination of Lots.
  9. Lot Combinations – An Owner of one or more adjoining Lots or
    portions thereof may, with the prior written approval of the ACC,
    consolidate the same or portions thereof into one Lot for the purpose of
    constructing a single family residence and appurtenant improvements on
    the resulting Lot.

F. Utility Easements

Easements, as shown on the recorded plat, and the right of entry to them
for installation and maintenance of utilities and drainage facilities
are reserved. Easements areas of each Lot shall be maintained by the
Owner of the Lot, although, within these easements no structure,
planting or other materials shall be placed or permitted to remain which
may damage or interfere with the installation, maintenance, or
operation of utilities. The title to a Lot shall not include title to
any utility facilities located within easements or streets.

G. Construction Standards

  1. Applicability – Except as may be otherwise authorized in writing by
    the ACC, initial construction and all subsequent maintenance of a
    single-family residence and appurtenant structures must be in accordance
    with the provisions of this Section.
  2. Exterior Materials – Use of exterior materials must comply with the following.
    1. Walls and roofs of garages and porte-cocheres must be architecturally similar to the residence to which it is appurtenant.
    2. The exterior wall area of the residence on any Lot shall be
      comprised of quality construction materials such as brick, masonry
      veneer, stucco, or concrete/composite siding. Other planned materials
      should be presented to the ACC for review and approval.
  3. Trees Required – At least two trees with a minimum three (3) inch
    trunk size must be planted and/or maintained on each New Lot
    Construction. Xeriscaping may be substituted but must consist of at
    least fifty one (51%) percent foliage and have prior approval by the
    ACC. Any variance requires approval by the ACC.
  4. Driveways – Each Lot must have a driveway running from the garage to
    the abutting street and must be constructed of concrete, brick or
    concrete pavers, or such other materials approved by the ACC. All
    driveways must be at least nine (9) feet wide at their narrowest point.
    No driveway shall be constructed in a manner that interferes with
    ingress, egress, or passage on any sidewalk, walkway, ditch or other
    drainage device. Expansion of a driveway requires the prior approval of
    the ACC.
  5. Walks, Sidewalks – Walks from the street curb to the residence must
    be constructed of concrete or pavers, or such other materials approved
    by the ACC, and must have a minimum width of three (3) feet. Before the
    initial construction of the residence on a Lot is completed, the Owner
    must construct a concrete sidewalk parallel to the street curb with a
    minimum of two (2) feet from the street right-of-way lines. The sidewalk
    must be three (3) feet in width and must extend to the Lot boundary
    lines and into the street right-of-way or street curbs at corner Lots.
  6. Drainage Devices – All drainage swales or other devices designed to
    maintain and control water drainage and/or erosion must remain
    unobstructed, and must be properly maintained by each Owner of each Lot
    to which the same pertains. Each Owner must not permit any construction,
    gardening, or other activity that would obstruct, impede, or impair the
    proper functioning of any such device per City of Houston ordinances.
    Rain barrels and rainwater harvesting and recovery systems shall conform
    to the provisions set forth within Section 202.007 of the Texas
    Property Code.
  7. Painting of Frame Construction – Any wood framing that is visible
    from the outside of any residence must be painted or be redwood or cedar
    material. Neutral or earth-tone shades are pre-approved colors. Neon or
    saturated colors are prohibited. Other colors must be submitted to the
    ACC for prior approval.
  8. Roof Material – Roofs of all residences must be constructed so that
    the exposed material is slate, tile, architectural style composition
    shingles or equivalent, or such other material, which is compatible in
    quality and appearance to the foregoing as may be approved by the ACC.
    Specific guidelines for roofs may be found within the Association’s
    Roofing Policy or Section 202.011 of the Texas Property Code.
  9. Prohibition of Pre-Fabricated Homes and Temporary Structures – No
    mobile homes, modular homes, manufactured home, or similar
    pre-fabricated residential structures of any kind are permitted upon any
    Lot. The ACC or the Board may permit use of temporary structures for
    toilet facilities, construction offices, and storage areas to be used in
    connection with the construction of residences.
  10. Compliance with Laws – All construction of any residence must be in
    compliance with applicable governmental laws, ordinances, and
    regulations, including applicable building codes or permits and/or
    licensing requirements.

H. Window and Door Glass Covers

Aluminum foil and similar reflective materials are in all events prohibited for use as a cover for any window or door.

I. Lot Line Fences, Walls and Hedges

  1. Fencing Restrictions – All Lot Line Fencing must comply with the
    following items 2 through 4, unless a variance is granted by the ACC.
  2. Fence Placement – No Lot Line Fencing shall be erected or maintained
    nearer to the front Lot line than the plane of the front exterior wall
    of the residential structure.
  3. Fence Construction – All new Lot Line Fencing (other than hedges)
    must be constructed of wood, iron, brick, masonry, or a combination
    thereof, as approved by the ACC, and must not exceed a height of eight
    (8) feet. Alternate fence construction must be approved by the ACC.
  4. Corner Lots – No Lot Line Fencing, and no other trees, shrubbery,
    plant, structures, or any other things or improvements which obscure
    visibility at an intersection may be placed on any corner Lot.

 

J. Antennas, Satellite Dish Systems and Solar Energy DevicesAntennas, satellite dishes or similar apparatus shall not be mounted on
the front roof and should avoid being publicly visible. Specific
guidelines regarding installation and maintenance of solar energy
devices may be found within the Association’s Solar Energy Devices
Policy or Section 202.010 of the Texas Property Code.K. Signs and AdvertisingNo signs, billboards, posters or advertising devices shall be displayed to the public view on any Lot, except:

  1. Temporary Advertising – One sign of not more than nine (9) square
    feet in area, advertising the property for sale, rent or for a garage
    sale.
  2. Political Signage – Signs of not more than nine (9) square feet in
    area may be displayed, provided that such signs may only be erected for a
    temporary period commencing ninety (90) days prior to the date of the
    election to which the sign pertains, and ending ten (10) days after such
    election. Specific guidelines regarding the display of political signs
    may be found within section 202.009 of the Texas Property Code.
  3. Holiday Decorations – Holiday and special occasion signs may be
    erected for a temporary period not to exceed forty five (45) days prior
    to the holiday and thirty (30) days after the holiday.
  4. Security Signage – Signs displaying security systems are permitted,
    providing they are no more than three (3) feet in height and twelve (12)
    inches in width.
  5. Longer Term Signage – Signage with the intent of long term display,
    such as school promotion or sports, should not exceed two (2) feet by
    three (3) feet in size and three (3) feet in height, and may be reviewed
    and assessed regarding appropriateness by the ACC.

L. Window Unit Air Conditioners

Window unit air conditioners must not be visible to public view.

M. Clotheslines

Outdoor clotheslines must not be visible to public view.

N. Traffic Sight Line Areas

No thing or device which obstructs sight lines at elevations two (2)
feet above a street shall be permitted on any corner Lot within the
triangular area formed by the boundary lines of that Lot abutting the
street and a line connecting them at points twenty-five (25) feet from
their intersection.

O. Exterior Sculptures and Similar Items

Exterior sculptures, fountains, temporary flagpoles, birdbaths and other
decorative embellishments or similar items over five (5) feet in height
and visible to public view require approval of the ACC. Playground or
recreational equipment of considerable size is not allowed in the front
or side lawns with the exception of arbor or tree swings or as approved
by the ACC. Specific guidelines regarding the installation, display and
maintenance of flags and flagpoles may be found within the Association’s
Flag Display Policy or Section 202.012 of the Texas Property Code.

Specific guidelines regarding the installation and display of certain
religious items may be found within the Association’s Religious Items
Display Policy or Section 202.018 of the Texas Property Code.

3. Variances

The Board of Directors may review any determination made by the ACC and
grant a variance from that determination. Upon a finding by the Board, a
variance may be granted by a majority vote of the Board members
provided that (1) the variance is necessary due to unusual circumstances
that are reasonably beyond the control of the applicant, (2) the
proposed construction/improvements will result in a material enhancement
to the applicant’s Lot, neighboring Lots, and the Subdivision, and (3)
that the granting of a specific variance will not materially and
adversely affect the architectural, aesthetic, or environmental
integrity of the Subdivision. Any determination by the Board that the
conditions for granting a variance have or have not been met is final.

4. Pre-Existing Violations

A variance is hereby granted as to any violation of any building,
structure or other architectural improvement existing prior to the
effective date of the Deed Restrictions, and of which was not a
violation of the Initial Declaration. Any Owner claiming this variance
must establish the prior existence of the violation within thirty (30)
days of the commencement of this document, which in all cases is
otherwise presumed not to have existed prior to the effective date of
the Deed Restrictions. Any subsequent repair, modification, maintenance,
or other change made to a preexisting violation must be performed in
such manner as to eliminate the pre-existing violation so far as is
practicable and the applicable variance will terminate.

ARTICLE IV – Business Use Restrictions


1. Land Use

No Reserve or any portion thereof shall be used for any manufacturing or
industrial purposes so as to produce a nuisance to the neighborhood
with or from excessive noise, odorous matter, vibration, smoke and
particle matter, glare, fire and explosive hazards, toxic and noxious
matter or any other activity.

2. Protective Screening

  1. The Owner of Reserve A or any portion thereof shall at the time of
    erection of any structure, install and maintain at his own expense, a
    protective screen masonry wall no less than six (6) feet in height along
    the east line of the utility easement between Block 1 and Reserve A for
    the entire length of Reserve A from Golden Forest Drive to Harris
    County Flood Control District drainage strip, or portion thereof, as the
    case may be. The design of this screen wall shall be subject to the
    approval of the Architectural Control Committee.
  2. On Reserve C, no retail business establishment shall face Golden
    Forest Drive. In the event a retail business establishment sides on
    Golden Forest Drive, it shall have no driveway or access on that street,
    and the Owner of the land on which the retail business is located,
    shall install and maintain at his own expense, a protective screen
    masonry wall no less than six (6) feet in height along the property line
    parallel to Golden Forest Drive, including a grass lawn from the
    protective screen to the street curb. The design of this screen wall
    shall be subject to the approval of the Architectural Control Committee.
    In the event multi-family residential apartments are erected on that
    portion of Reserve C adjacent to Golden Forest Drive, access may be
    obtained from Golden Forest Drive, but carports, or other automobile
    storage, other than guest parking, shall not be directly exposed to view
    from Golden Forest Drive.
  3. The Owner of Reserve F, G, H, or any portion thereof, shall at the
    time of erection of any structure, install and maintain at his own
    expense, a protective screen masonry wall no less than six (6) feet in
    height along their respective property lines that are common with
    Residential Lots or on their line of the utility easement between their
    property and the Residential Lots for the entire length of the Reserves,
    or their portion thereof as the case may be. The design of this screen
    wall shall be subject to the approval of the Architectural Control
    Committee.

3. Building Location

  1. A. No building shall be located on any lot nearer to a street than
    the minimum building setback lines shown on the recorded plat.
  2. B. For the purposes of this document, eaves, steps, and open
    walkways, open porches, and canopies, shall not be considered as part of
    a building, provided, however, that this shall not be construed, to
    permit any portion of a building to encroach upon the land of others.

4. Public Sidewalks

Before initial construction of the principal structure has been
completed, a concrete sidewalk with a minimum width of four (4) feet
shall be constructed by the property owner in the street right of way
parallel to the street curb(s), two (2) feet from the right of way and
property boundary line, and the walk shall extend to the projection of
property boundary lines into the street right of way and to street curbs
in the case of a property at street intersections.

5. Utility Easements

Easements, as shown on the recorded plat and the right of entry to them,
for installation and maintenance of utilities and drainage facilities
are reserved. Within these easements, no structure, planting or other
materials shall be placed or permitted to remain which may damage or
interfere with the installation, maintenance or operation of utilities.
The easement area of each lot and all improvements of a public authority
or utility shall be maintained by such authority or utility. The title
to the land shall not include title to any utility facilities located
within easements or streets. Neither the Developer, their successors or
assigns, nor the operator of any public utility, shall be liable for
damage to any plants, structure or buildings located in or on such
easements or streets because of the installation or maintenance of the
utility facilities.

6. Oil and Mining Operations

No gas or oil drilling, gas or oil development operations, oil refining,
quarrying or mining operations of any kind shall be permitted upon or
in any Reserve or portion thereof, nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted upon or in any lot.

7. Garbage and Refuse Disposal

No Reserve or portion thereof shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste shall not be kept
except in sanitary containers. All incinerators or other equipment for
the storage or disposal of such material shall be kept in clean and
sanitary condition.

Article V – Notices


1. Notice to the Association, Board or ACC

All notices which are to be given to the Association, Board, or ACC must
be in writing and may be delivered to the Association’s Manager via
first class mail or by such method that is deemed acceptable or required
by the State of Texas Codes. Such notice is effective only upon receipt
of same by its intended recipient.

2. Notice to Owners and Tenants

Notices to an Owner and tenants of an Owner are deemed given upon
placement in a US Postal Box addressed to the last known address of the
Owner or by such method that is deemed acceptable or required by the
State of Texas Codes. Each Owner bears the sole responsibility to notify
the Association in writing of any change in their mailing address.
Unless an Owner has designated another address for the purpose of
notice, notice to an Owner will be effective when addressed to an
Owner’s Lot within the Subdivision.

Article VI – Violations


1. Initiation of Actions on Alleged Violations

The Board or ACC may take action on any alleged violation of the
Governing Documents, including the Deed Restrictions, which is reported
by a Member or the Board. No action may be taken by the ACC in the
absence of a written report of an alleged violation.

2. Reporting of Alleged Violation

A Member, resident of the community, or Director of the Board may
present a report of an alleged violation to the ACC. The ACC shall
establish procedures for the submission of such reports.

3. Actions Subsequent to the Report of a Violation

Upon receipt of a report of an alleged violation, the ACC shall conduct
an independent investigation of the report by visually inspecting the
reported condition or by other means and generating such documentation
as is reasonably necessary to memorialize the inspection. Upon
concluding the independent inspection, the ACC will consider whether the
reported violation actually constitutes a violation of the Governing
Documents. The ACC may, if appropriate, relay such findings to the party
that initiated the investigation. Pursuant to the Texas Property Code,
the Association is not required to release or allow inspection of
records that identify the violation history of an Owner. If the ACC
makes a finding that no violation exists or has occurred, no further
action shall be required.

4. Finding a Violation of the Restrictive Covenants

If the ACC determines that a violation of the Governing Documents has
occurred, or is ongoing, the ACC will send notice of the violation and a
recommendation of corrective actions to the Owner of the Lot upon which
the violation occurred or exists. Such notice may be sent via first
class mail or by such method that is deemed acceptable by the State of
Texas Codes. The notice must contain

  1. a general description of the matters complained of,
  2. all curative actions requested, and a time period in which such curative actions must be completed, and
  3. a statement advising that all parties affected by the violation are
    entitled to a hearing upon delivery of a written request to the ACC as
    described below.

To the extent feasible, such notice shall be
issued within ten (10) days of the receipt of the initial report of the
violation. The ACC must send copies of any notices issued to the Board
of Directors. 5. Failure by an Owner to Cure a Violation Upon the
sending of notice of a violation, the ACC shall allow a reasonable time
frame, not to exceed thirty (30) days, for the violation to be cured or
for corrective measures to be commenced. If the violation has not been
cured, or if corrective action sufficient to cure the violation has not
commenced, as determined by the ACC, within this thirty (30) day period,
the ACC may refer the violation to the Board for either approval of the
corrective actions or for further proceedings needed to obtain
compliance with the Governing Documents. If the corrective action taken
is approved by the Board, the ACC will provide notice to the Owner of
the Lot upon which the corrective action was conducted. If, in the
opinion of the Board, the corrective actions taken are not sufficient,
the ACC may take actions to remedy the violation independent of the
Owner of the Lot upon which the violation exists. Any costs associated
with corrective action will be charged against the Owner as an
additional assessment under ‘Article VIII, Section 10 (A)(3)’ of the
Deed Restrictions. 6. Notice and Opportunity to be Heard If any Member
or other responsible party for a violation or alleged violation
requests a hearing in writing, the ACC will issue written notice of a
time and place where the hearing will be conducted. Each responsible
party will be given an opportunity to present testimony and/or evidence
that the party considers relevant. The hearing will be held in closed
session and only the members of the ACC, Board, responsible parties, and
their representatives will be admitted. A written record shall be kept
of the hearing and the outcome of the hearing.

  1. Appeal Any determination made after a hearing may be appealed to the
    Board by sending written notice of the appeal within ten (10) days of
    the rendering of a decision by the ACC. Upon written notice of appeal,
    the Board shall conduct a hearing within a reasonable time after
    providing the same notice and following the same procedures established
    in the preceding paragraph.
  2. Retention of Records The ACC shall retain records of all reports and
    documentation of investigations for a period of seven (7) years after
    the final action has been taken on the reported violation.

 

Article VII – General Provisions and Amendments


1. Term

Subject to the provisions for amending the Deed Restrictions contained
below, these covenants, conditions, restrictions, reservations,
easements, liens and charges run with the land and are binding upon and
inure to the benefit of the Association, Owners, their respective legal
representatives, heirs, executors and administrators, predecessors,
successors, assigns, and all Persons claiming under them for a period of
twenty (20) years from the date the Deed Restrictions are filed in the
Official Public Records of Real Property of Harris County, Texas, after
which time said covenants, conditions, restrictions, reservations,
easements, liens, and charges will be automatically extended for
successive periods of ten (10) years each.

2. Amendment by Owners

Except as otherwise expressly herein provided, the Owners of one half
(1/2) of the total number of Lots then contained within the Subdivision
always have the power and authority to amend the Deed Restrictions, in
whole or in part, at any time and from time to time. In all Governing
Documents, the terms “amend”, “amendment”, or the substantial equivalent
of either, mean and refer to any change, modification, revision, or
termination of any provisions of the Governing Documents. Approval of an
Owner may be obtained by such Owner executing a copy of the proposed
amendment, or by a vote of approval at any meeting of the Association,
or by a combination thereof.

3. Amendment by Association

The Board of Directors has the right in its sole judgment, from time to
time and at any time, to amend the Deed Restrictions without joinder of
any Owner or any other person or entity for the following purposes:

  1. A. To resolve or clarify any ambiguity or conflicts herein, or to
    correct any inadvertent misstatements, errors, or omissions herein;
  2. B. To conform the Deed Restrictions to the requirements of any
    lending institution; provided, the Board has no obligation to amend the
    Deed Restrictions in accordance with any such lending institution
    requirements and the Board may not so amend the Deed Restrictions if, in
    the sole opinion of the Board, any substantive rights of Owners would
    be adversely affected thereby;
  3. C. To conform the Deed Restrictions to the requirement of any
    governmental agency, including the Federal Home Loan Mortgage
    Corporation, Federal National Mortgage Agency, Veterans Administration
    or Federal Housing Administration. In this respect, the Board shall so
    amend the Deed Restrictions to the extent required by law upon receipt
    of written notice of such requirement and request for compliance;
  4. D. To conform the Deed Restrictions to any state or federal
    constitutional requirements, or to the requirements of any local, state,
    or federal statute, ordinance, rule, ruling, regulation, or to any
    decisions of the courts regarding same.

4. Conflicts in Governing Documents

In the event of any conflict in the Governing Documents that cannot be
reasonably reconciled after application of rules of interpretation as
provided herein or by law, the Deed Restrictions will control over any
other Governing Documents, and all other Governing Documents shall
control in the following order of priority

  1. (i) Architectural Guidelines promulgated subsequent to the Deed Restrictions,
  2. (ii) Rules and Regulations,
  3. (iii) Articles of Incorporation,
  4. (iv) Bylaws,
  5. (v) Board and Member Resolutions, and
  6. (vi) all other documents. 5. Interpretation The provisions hereof
    are to be liberally construed to give full effect to their intent and
    purposes. The captions of each Section and Article contained herein are
    inserted only for convenience and are not to be construed as a
    substantive part of the Deed Restrictions and in no event shall limit,
    extend, define, or otherwise modify the particular Article or Section to
    which they refer. 6. Effective Date The Deed Restrictions are
    effective from and after the date of filing in the Official Public
    Records of Real Property of Harris County, Texas. IN WITNESS WHEREOF,
    the Association, and the Owners of not less than a majority of the Lots
    in the Subdivision, as provided by the Initial Declaration, have
    executed these Deed Restrictions for the proposes of acknowledging their
    adoption, consent, and approval of the provisions contained herein.
Article VIII – Annual Maintenance Assessment and Community Service Fee


1. Residential Area Covenants

Each Lot, Owner, and each purchaser of any Lot by acceptance of a deed,
hereby covenants and shall be deemed to covenant to pay to the
Association the following:

  1. annual maintenance assessments;
  2. special assessments;
  3. any fees authorized by the Texas Property Code; and
  4. any fees legally charged pursuant to the Deed Restrictions, Governing Documents, or Texas law.

2. Annual Maintenance Assessment

The annual maintenance assessment will be due and payable to the Forest
West Community Improvement Association annually, in advance, on the last
day of January of each year. Delinquent assessments may be assessed
interest at a rate not to exceed six (6%) percent per annum. The initial
full base rate of the maintenance assessment will be forty-five dollars
($45.00) per Lot per year and will continue at this rate from year to
year unless modified as provided herein. This assessment shall begin the
year following the adoption of the Deed Restrictions.

3. Association Liability

The Association shall not be liable or responsible to any party for
failure or inability to collect assessments, fees, or related cost from
an Owner or related party.

4. Establishment and Purposes of Maintenance Fund

There is hereby established a Maintenance Fund into which all
assessments and fees provided for herein will be paid. The Board is
responsible for the collection, management, control and expenditure of
the Maintenance Fund, which must be deposited in accounts specifically
designated for the Association’s Maintenance Fund. The Maintenance Fund
must be used exclusively for the purposes of

  1. (i) promoting the recreation, welfare, common benefit, and enjoyment
    of the Owners and occupants of the Subdivision, including maintenance
    of all properties and facilities owned or controlled by the Association,
  2. (ii) discharging the obligations of the Association pursuant to the Deed Restrictions and Governing Documents, and
  3. (iii) the doing of any other thing necessary or desirable in the
    opinion of the Board of Directors for accomplishment of any of the
    foregoing, including the establishment and maintenance of reserves for
    repairs, maintenance, and other charges, and the expenditure of funds
    for the benefit of other properties within the vicinity of the
    Subdivision if in the judgment of the Board of Directors the Subdivision
    will benefit thereby.

Specifically included within the purpose
of the Maintenance Fund is the operation, maintenance, repair, and
improvement of the swimming pool that is owned by the FWCIA so long as
that swimming pool shall be operated for the benefit of the Members. The
judgment of the Board in establishing any assessments or fees and in
the collection, management, and expenditure of the Maintenance Fund is
final and conclusive.

5. Purposes of Community Service Fee

The community service fee was established in 2010 under the authority of
Section 204.010 of the Texas Property Code. This fee is collected to
cover the cost of insurance, taxes, utilities, services and other
commitments payable by the FWCIA.

6. Special Assessment
In addition to the maintenance assessment authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole or
in part, the cost of any purchase, construction, reconstruction, repair
or replacement of a capital improvement upon the Common Area, if any,
including fixtures and personal property related thereto, provided that
any such assessment shall have the approval of at least two-thirds (2/3)
of the votes of the membership of the Association, voting in person or
by proxy at a meeting duly called for this purpose. Written notice of
such meeting must be given to all Members not later than the 10th day or
earlier than the 60th day before the date of the election or vote, and
shall set forth the purpose of the meeting.

7. Board of Directors Budgeting Process Established

The Board of Directors will adopt a budget annually to determine sums
necessary and adequate to provide for the expenses of the Association
for the succeeding twelve months period. This budget may include the
funding of capital improvements and contingency reserves.

8. Board of Directors Limited Increases and DecreasesThe Board of Directors may elect to increase or decrease the maintenance assessment pursuant to the following:

  1. The maintenance assessment may not be increased by more than five
    percent (5%) annually by the Board. If the Board elects to increase the
    assessment, written notice will be provided to Owners at least ninety
    (90) days prior to the effective date (the first day of January) of the
    proposed increase. Upon notice to Owners as described above, the
    increase shall be effective unless, within sixty (60) days of the
    notice, the Board receives a written request for a special meeting of
    the Members signed by not less than one-fourth (1/4) of the votes of the
    Association. If such a request is presented to the Board, a special
    meeting will be called within thirty (30) days of receipt of the
    request. A vote will be taken at the special meeting of the Members to
    disapprove the proposed increase in the maintenance assessment. In order
    to conduct such a vote, a quorum of not less than one-half (1/2) of the
    votes of the Association must be present. If a quorum is reached, a
    majority of the Members present in person or by proxy may vote to
    disapprove the proposed increase.
  2. To increase the maintenance assessment more than five percent (5%)
    during a single year requires the approval of the Members in accordance
    with this section. Notice of a meeting to vote on increasing the
    assessment must be given to all Members at least thirty (30) days in
    advance, but not more than sixty (60) days, and shall set forth the
    place, date, and time of the meeting, and the amount of the proposed
    increase. At any meeting conducted under this section, a quorum of not
    less than one-fourth (1/4) of the votes of the Association must be
    present. If a quorum is reached, the proposed increase must be approved
    by a majority of the Members present in person or by proxy.
  3. At the discretion of the Board, the maintenance assessment may be
    decreased. If the Directors elect to decrease the assessment, written
    notice will be given to Owners at least ninety (90) prior to the
    effective date (the first day of January) of the proposed decrease. Upon
    notice to the Owners as described above, the decrease will be effective
    unless, within thirty (30) days of the notice, the Board receives a
    written request for a special meeting of the Members signed by not less
    than one-fourth (1/4) of votes of the Association. If such a request is
    presented to the Board, a special meeting will be called within thirty
    (30) days of receipt of the request. A vote will be taken at the special
    meeting of the Members to disapprove the proposed decrease. In order to
    conduct such a vote, a quorum of not less than one-half (1/2) of the
    votes of the Association must be present. If a quorum is reached, a
    majority of the Members present in person or via proxy must vote to
    disapprove the decrease.

9. Personal Obligation; Transferees

In addition to the assessment lien herein established, each assessment
is the personal obligation of each Owner of the Lot charged with that
assessment as of the time that the assessment accrued, notwithstanding
any subsequent transfer of ownership. If an Owner of a Lot transfers
ownership to another party, the transferee will be jointly and severally
liable for payment of all unpaid assessments owed to the Association at
the time of transfer without prejudice to that transferee’s right or
ability to recover from the transferor the amounts paid by the
transferee.

10. Statement of Assessments

Any transferee or prospective transferee shall be entitled to a
statement from the Association setting forth all assessments due as of
the date of the written request. Requests for such statements must be in
writing and delivered to the Association at the address listed on the
Association’s Management Certificate. If the Association fails to
respond to a proper written request for a statement of assessments
within fifteen (15) days of a verifiable receipt of such request, then
upon transfer, the transferee shall not be liable for any unpaid
assessments against the Lot accruing prior to the date of the written
request.

    1. Additional Assessments for Delinquencies and Non-ComplianceAdditional assessments may be levied against individual Lots and the
      Owners of individual Lots at the time of liability as provided below:

      1. Interest – Interest compounded monthly at a rate of six (6%) percent
        per annum will be charged on any assessment or fee that is not paid
        within thirty (30) days of the due date.
      2. Late Charges – A late charge in the amount of twenty-five dollars
        ($25.00) is hereby imposed as to any assessment that is not paid in full
        within thirty (30) days of the due date. The Board of Directors may
        change the amount of the late charge established under this section from
        time to time by Board Resolution. Any change in the amount of the late
        charge will apply equally to all Owners and Lots.
      3. Compliance Costs – All expenses reasonably attributable to or
        incurred by reason of a breach or violation of any provision of the Deed
        Restrictions or other Governing Documents will be assessed against the
        Owner who occasioned the incurrence of such expenses. Specifically
        included within this section are

        1. any reasonable attorney’s fees incurred in enforcing the provisions
          of the Deed Restrictions and Governing Documents, whether such fees are
          incurred prior to, during, or after any legal actions taken in a court
          of competent jurisdiction or in conjunction with any proceeding for the
          foreclosure of an assessment lien, or
        2. any reasonable costs assumed or incurred by the ACC or FWCIA to
          implement any and all necessary or required modifications, maintenance
          or services rendered to facilitate compliance with the provisions set
          forth within the Deed Restrictions and Governing Documents.

 

    1. Payment WaiverFailure of the Association to impose or collect any specific fee or
      assessment is not grounds for any action against the Association, or any
      Director, officer, agent or employee thereof, and does not constitute a
      waiver of the Association’s right to exercise its authority to collect
      any specific assessments or fees in the future.

 

    1. Automatic RemediesIf any assessment or fee is not paid by the due date:
      1. Late charges, interest from the due date, and all compliance costs
        (including reasonable attorney’s fees), shall be added to and included
        in the amount of such assessment or fee; and
      2. All rights to use of all recreational facilities by the Owner, their
        tenants, and their Related Parties will be automatically suspended
        until all assessments and fees are paid in full.

 

  1. Lien for AssessmentsThe annual maintenance assessments, special assessments, and community
    service fees, together with interest, costs and reasonable attorney’s
    fees in the event of default, shall be a charge on each Lot and shall be
    a continuing lien upon the Lot against which each such assessment is
    made. The original recording of the Initial Declaration and recording of
    these Deed Restrictions constitutes record notice and perfection of the
    Association’s continuing lien. No further recordation of a claim or
    lien or other notice of any kind or type whatsoever is required to
    establish or perfect such lien. To further evidence such lien, the
    Association may, but shall not be required to, prepare and file in the
    Official Public Records of Real Property of Harris County, Texas,
    written notice of default in payment of assessments in such form as the
    Board may direct. Each Owner of each Lot, by acceptance of the deed
    therefore and whether or not it shall be so expressed in such deed,
    hereby expressly vests in the Board of Directors of the Association, or
    its agents, the right and power to bring all actions against each such
    Owner personally for the collection of all such assessments as a debt
    and to enforce the aforesaid Association’s lien by all methods available
    for the enforcement of such liens, including non-judicial foreclosure
    pursuant to 51.002 of the Texas Property Code, as same presently exists
    or as it is subsequently amended; and each such Owner hereby expressly
    grants to the Board of Directors of the Association a power of sale in
    connection with said Association’s lien. In any foreclosure proceedings,
    whether judicial or non-judicial, the Owner will be required to pay the
    costs, expenses and reasonable attorney’s fees incurred by the
    Association, and the Association will have the right and power to bid on
    the property being foreclosed. The aforesaid Association’s lien shall
    be superior to all other liens and charges against the Lot, except only
    for ad valorem tax liens and all sums unpaid on a first mortgage lien or
    first deed of trust lien of record, securing in either instance sums
    borrowed for the improvement and/or purchase of the Lot in question, to
    which said liens the Association’s lien shall be subordinate and
    inferior. Provided, however, that such subordination shall apply only to
    the assessments which have become due and payable prior to a
    foreclosure sale (whether public or private) of any such Lot pursuant to
    the terms and conditions of any such mortgage or deed of trust. Any
    foreclosure and sale of a Lot pursuant to said superior liens shall not
    relieve any such Lot’s Owner of personal liability for the sums owing
    under this section nor the new Owner thereof from liability for the
    amount of any assessments thereafter becoming due nor from the
    continuing lien imposed hereby securing payment of any such subsequent
    assessments and fees.

EXECUTED AND ACKNOWLEDGEMENT BY THE ASSOCIATION ATTEST:
Forest West Community Improvement Association, Inc., a State of Texas
Non-Profit Corporation and an IRS registered 26CFR501(C) (4)
organization.

Appendix A: The Architectural Control Committee (ACC)


1. Committee Members

The ACC shall be comprised of members of Forest West subdivision with at
least one member being a member of the Board of Directors. All members
of the ACC shall serve at the discretion of the Board of Directors and
decisions shall be subject to review and modification by such.

2. Compensation

No person serving on the ACC is entitled to compensation for services
performed; provided the ACC may from time to time employ one or more
professionals, such as architects, surveyors, attorneys, or other
consultants, as approved by the Board of Directors, to assist the ACC in
carrying out its duties. The Association shall pay such consultants for
services rendered to the ACC.

3. Function and Powers of the ACC

The ACC exists to monitor and regulate existing and potential changes
and improvements to the visible exterior appearances of structures and
environments within the Forest West subdivision. The ACC shall not
monitor or regulate any such matters and activities conducted wholly
within the interior of a residence that do not affect the exterior
appearance of the residence or any adjacent residence or improvement.

The ACC exists to provide an avenue to facilitate the reporting of
violations of the restrictive covenants contained in this Declaration,
to collect documentation of reported violations, to communicate reported
violations to Members and to the Board, to serve as a source of
alternate dispute resolution for disputes among Members relating to
compliance with those restrictive covenants, and to the extent provided
herein, enforce the restrictive covenants contained in this Declaration.

  1. Right to Enforce
    The Association, by and through the Board, and any Owner has the right
    to enforce observance and compliance with all restrictions, covenants,
    conditions, and easements set forth in this Declaration and other
    Governing Documents. No part of this Declaration is intended, nor shall
    any part be construed, to limit the right of any party to seek the
    enforcement of any restriction in any court of competent jurisdiction.

4. Architectural Guidelines

The ACC may from time to time adopt, amend, or repeal and publish
certain Architectural Guidelines. These guidelines may allow for or
prohibit certain construction/improvements without review from the ACC,
specify acceptable construction materials, specify set-back lines or
other limitations as determined by the original plat of the Subdivision,
or make such other declarations as deemed necessary to maximize
compliance with the Architectural Review Criteria set forth above.