Forest West Community Improvement Association Guidelines for Solar Energy Devices

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 add Section 202.010 (“Section 202.010”) thereto dealing with the regulation of solar energy devices; 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 solar energy devices therein, it is appropriate for the Association to adopt guidelines regarding solar energy devices within the community.

Now, Therefore, the Board has duly adopted the following Guidelines for Solar Energy Devices within the community.

  1. These guidelines apply to solar energy devices (“Devices”) as defined in Section 171.107(a) of the Texas Tax Code. a solar energy device means a system or series of mechanisms designed primarily to heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.
  2. Such Devices may only be installed with advance written approval of the Architectural Control Committee subject to these guidelines.
  3. Any such Device must be installed on land or structures owned by the property owner. No portion of the Devices mat encroach on adjacent properties or common areas.
  4. Such Devices may only be installed in the following locations:
    1. on the roof of the main residential dwelling; or
    2. on the roof of any other approved structure; or
    3. within a fenced yard or patio.
  5. For Devices on the roof, the Device must:
    1. have no portion of the Device higher than the roof section to which it is attached; and
    2. have no portion of the Device extend beyond the perimeter boundary of the roof section to which it is attached; and
    3. conform to the slope of the roof; and
    4. be aligned so the top edge of the Device is parallel with the roof ridge line for the roof section to which it is attached; and
    5. have a frame, brackets and visible piping or wiring that is a color to match the roof shingles or a silver, bronze or black tone commonly available in the marketplace; and
    6. be located in a position on the roof which is least visible from any street or common area, so long as such location does not reduce estimated annual energy production more than 10% over alternative roof locations (as determined by a publically available modeling tool provided by the National Renewable Energy Laboratory (www.nrel.gov) or equivalent entity.
  6. For Devices located in a fenced yard or patio, no portion of the Device may extend above the top of the fence. If the fence is not a solid fence which blocks the view of the Device, the Association may require the Device to be placed in a location behind a structure or otherwise require visual screening. The Association may consider installation of Devices on properties without a fenced yard if there is adequate screening from public view from any street or common area.
  7. All Devices must be installed in compliance with the manufacturer’s instruction and in a manner which does not void material warranties. Licensed craftsmen must be used where required by law. Permits must be obtained where required by law.
  8. Installed devices may not:
    1. threaten public safety; or
    2. violate any law; or
    3. substantially interfere with the use and enjoyment of land by causing unreasonable discomfort or annoyance to any adjoining property owner.
  9. All Devices must be maintained in good repair. Unused or inoperable Devices must be removed.

The guidelines are effective upon recordation in the Public Records of Harris County, and supersedes any guidelines for solar energy devices which may have been previously been in effect. Except as affected by Section 202.010 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