Forest West Community Improvement Association Guidelines For Rainwater Recovery Systems

State of Texas
County of Harris
This is a re-typed version of a photocopy, done for ease of reading ONLY. It is NOT to be considered a definitive legal document, but only an aid to reading. The Original is filed in the Harris County deed records.

Know all persons by these presents:

Whereas, Forest West Community Improvement Association (the “Association”) is charged with administering and enforcing those certain covenants, conditions and restrictions contained in the recorded Deed Restrictions for the Forest West Subdivision (hereafter collectively referred to as the “Deed Restrictions”); and

Whereas, Chapter 202 of the Texas Property Code was amended effective June 17, 2011, to amend Section 202.007(d) (“Section 202.007”) thereto dealing with rain barrels and rainwater harvesting systems (referred to collectively as “Rainwater Recovery Systems”); and

Whereas the Board of Directors of the Association (“Board”) has determined that in connection with maintaining the aesthetics and architectural harmony of the community, and to provide clear and definitive guidance to regarding the installation and maintenance of Rainwater Recovery Systems therein, it is appropriate for the Association to adopt guidelines regarding Rainwater Recovery Systems.

Now, Therefore, the Board has duly adopted the following Guidelines for Rainwater Recovery Systems within the community.

  1. Rainwater Recovery Systems may be installed with advanced written approval of the Architectural Control Committee subject to these guidelines.
  2. All such Systems must be installed on land owned by the property owner. No portion of the Systems may encroach on adjacent properties or common areas.
  3. Other than gutters and downspouts conventionally attached to a dwelling or appurtenant structure, all components of the Systems, such as tanks, barrels, filters, pumps, motors, pressure tanks, pipes and hoses, must be substantially screened from public view from any street or common area. Screening may be accomplished by:
    1. placement behind a solid fence, a structure or vegetation; or
    2. by burying the tanks or barrels; or
    3. by placing equipment in an outbuilding otherwise approved by the Architectural Control Committee.
  4. A rain barrel may be placed in a location visible from public view from any street or common area only if the configuration of the guttering system on the structure precludes screening as described above with the following restrictions:
    1. the barrel must not exceed 55 gallons; and
    2. the barrel must be installed in close proximity to the structure on a level base with the guttering downspout leading directly to the barrel inlet at a substantially vertical angle; and
    3. the barrel must be fully painted in a single color to blend with the adjacent home or vegetation; and
    4. any hose attached to the barrel discharge must be neatly coiled and stored behind or beside the rain barrel in the least visible position when not in use.
  5. Overflow lines from the Systems must not be directed onto or adversely affect adjacent properties or common areas.
  6. Inlets, ports, vents and other openings must be sealed or protected with mesh to prevent children, animals and debris from entering the barrels, tanks or other storage devices. Open top storage containers are not allowed, however, where space allows and where appropriate, Architectural Control Committee approved ponds may be used for water storage.
  7. Harvested water must be used and not allowed to become stagnant or a threat to health.
  8. All Systems must be maintained in good repair. Unused Systems should be drained and disconnected from the gutters. Any unused Systems in public view must be removed from public view from any street or common areas.

The guidelines are effective upon recordation in the Public Records of Harris County, and supersedes any guidelines for rainwater recovery systems which may have been previously been in effect. Except as affected by Section 202.007 and/or by these guidelines, all other provisions contained in the Deed Restrictions or any other dedicatory instruments of the Association shall remain in full force and effect.

Approved and adopted by the Board on this 30th day of December 2011