Solar Panel Policy
ELECTRONICALLY RECORDED 2017046606 Williamson County, Texas Total Pages: 9
SUPPLEMENTAL NOTICE OF DEDICATORY INSTRUMENTS
for
SENDERO SPRINGS AT BRUSHY CREEK HOMEOWNERS ASSOCIATION, INC.
THE STATE OF TEXAS
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§
COUNTY OF WILLIAMSON §
The undersigned, being the Authorized Representative of Sendero Springs at Brushy Creek Homeowners Association, Inc. (”the Association”), a property owner's association as defined in Section 202.001 of the Texas Property Code, hereby supplements that certain instrument enfitled
”Affidavit and Nofice of Dedicatory Instrument of Sendero Springs at Brushy Creek Homeowners Association, Inc. (formerly known as Sendero Springs Homeowners Association, Inc)” recorded in the Official Public Records of Williamson County, Texas under Clerk's File No. 2009069654 ("Notice”) which Notice was filed of record for the purpose of complying with Section 202.006 of the Texas Property Code.
1. Progegty. The Property to which the Notice applies also includes the Property described as follows:
a. Sendero Springs, Section One (1), a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet U, Slides 318-322 of the Plat Records of Williamson County, Texas and. all antendments to or replats of said maps or plats, if any.
b. Sendero Springs, Section Two (2), a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet W, Sfides 103-106 of the Plat Records of Williamson County, Texas and all amendments to or replats of said maps or plats, if any.
c. Sendero Springs, Section Three (3), a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet Z, Slides 199—202 of the Plat Records of Williamson County, Texas and a1] amendments to or-replats of said maps or plats, if any.
d. Sendero Springs, Section Four (4), a mbdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet Z, Slides 260-263 of the Plat Records of Williamson County, Texas and all amendments to or replais of said maps or plats, if any.
e. Sendero Springs, Secfion Five (5), a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet DD, Slides 197-200 of file Plat Records of Williamson County, Texas and all amendments to or replats of said maps or plats, if any.
f. Sendero Springs, SecfiOn Six (6), a subdivision in Williamson. County, Texas according to the map or plat thereof recorded in Volume 639, Page 693, Document No. 2011030411 of the Plat Records of Williamson County, Texas and all amendments to or replats of said maps or plats, if any.
g. Sendero Springs, Section Seven (7), a subdivision in Williamson County, Texas according to the map or plat‘thereof recorded under Document No. 2013009321 of the Plat Records of Williamson County, Texas and all amendments to or replats of said maps or plats, if any.
h. Sendero Springs, Section Eight (8), a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Volume 639, Page 693 of the Plat Records of Williamson County, Texas and all amendments to or replats of said maps or plats, if any.
i. Sendero Sprmgs, Section Nine (9), a subdivision in Williamson County, Texas according to the map or plat thereof recorded under Document No. 2014035596 of the Plat Records of Williamson County, Texas and all amendments to or replats of said maps or plats, if any.
2. Restrictive Covenants. In addition to the description of the documents imposing restrictive covenants on the Property contained in the Notice, the following documents likewise impose restrictive covenants and the title and recording information for such documents are as follows:
a. Documents:
(1) Declaration of Covenants, Conditions and Restrictions for Sendero Springs, Section One.
(2) First Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs.
(3) Second Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs.
(4) Third Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs.
(5) Fourth Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs.
(6) Fifth Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs.
(7) Sixth Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs.
(8) Declaration of Covenants, Conditions and Restrictions for Sendero Springs, Section Nine.
b. Recording Information:
Williamson County Clerk's File No‘ 2002001226.
Williamson County Clerk’s File No. 2005053365.
Williamson County Clerk’s File No. 2004086294.
Williamson County Clerk’s File No. 2004094487.
Williamson County Clerk’s File No. 2007054707.
Williamson County Clerk’s File No. 2011031960.
Williamson County Clerk’s File No. 2013009553.
Williamson County Clerk’s File No. 2015029300.
3. Other Dedicatogy Instrument. In addition to the Restrictive Covenants identified in the Notice and Paragraph 2 above, the following documents are Dedicatory Inshummts governing the Association Which were previously recorded in the Official Public Records of Real Property of Williamson County, Texas:
a. Documents:
Sendero Springs at Brushy Creek Homeowners Association, Inc. Secretary’s Certificate.
Sendero Springs at Brushy Creek Homeowners Association, Inc. Secretary’s Certificate.
1). Recording Information:
Williamson County Clerk’s File No. 2011083682.
Williamson County Clerk’s File No. 2011088785.
4. Additional Dedicatorv Insuument In addition to the Dedicatory hstruments
identified above and in the Notice, the following document is a Dedicatory Instrument governing the Association.
a. Solar Energy and Roofing Materials Policy for Sendero Springs at Brushy Creek Homeowners Association, Inc.
A true and correct copy of such Dedicatory Instrument is attached to this
Supplemental Notice.
This Supplemental N otice is being recorded in the Official Public Records of Real Property of Williamson County, Texas for the purpose of complying with Section 202.006 of the Texas Property Code. I hereby certify that the information set forth in this Supplemental Notice is true
and correct and that the copy of the Dedicabory Instrument attached to this Supplemental Notice is a true and correct copy of the original.
Executed on this 24a day of May, 2017.
SENDERO SPRINGS AT BRUSHY CREEK
HOMEOWNERS ASSOCIATION) INC.
/
Cliff Davis, Authorized Representative
THE STATE OF TEXAS §
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COUNTY OF HARRIS §
BEFORE ME, the undersigned notary public, on this 24th day of May, 2017 personally appeared Cliff Davis, Authorized Representative of Sendero Springs at Brushy Creek Homeowners Association, I.nc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and in the capacity therein expressed. .
STATE OF TEXAS
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COUNTY OF WILLIAMSON §
WHEREAS, the property encumbered by this Solar Energy Devices and Roofing Materials Policy is that property restricted by the “Declaration of Covenants, Conditions and Restrictions for Sendero Springs, Section One” recorded in the Official Public Records of Real Property of Williamson County, Texas under County Clerk's File No. 2002001226, as same has been or may be amended from time to time (”Declaration”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Sendero Springs at Brushy Creek Homeowners Association, Inc. (the "Association”); and WHEREAS, any reference made herein to approval by the Architectural Control Committee (”ACC”), means prior written approval by the ACC; 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 regarding roofing materials therein, it is appropriate for
the Association to adopt guidelines regarding roofing materials within the community.
NOW THEREFORE, pursuant to the authority granted in Sections 202.010 and 202.011 of the Texas Property Code, the Board hereby adopts this Solar Energy Devices and Roofing Materials Policy (”Policy"), which shall run with the land and be binding on all owners and lots
within the subdivision. This Policy replaces any previously recorded or implemented policy that addresses the subjects contained herein.
I. SOLAR ENERGY DEVICES
Pursuant to Texas Property Code §202.010, solar energy devices, including solar panels, shall be restricted in the following manner:
A. Prohibited Solar Energy Devices
Solar energy devices, as referred to herein, shall be defined as set forth in the Texas Tax Code, §171.107. Solar energy devices are prohibited in the following circumstances:
1. It has been adjudicated by a court that the solar energy device is a threat to public health or safety, or Violate a law;
2. Solar energy devices that are located on property owned or maintained by the Association;
3. Solar energy devices that are located on property that is owned in common by the members;
4. Solar energy devices that are located on the owner's property, other than:
a. On the roof of the dwelling or another permitted structure;
b. In a fenced yard or patio owned 8: maintained by the owner;
5. Roof-mounted solar energy devices that extend higher than or beyond the roofline;
6. Subject to Item 7 below, if roof mounted, is mounted in an area other than the back of the home;
7. Roof-mounted solar energy devices that are located in an area other than an area designated by the Association, unless the alternate location increases the estimated annual energy production by more than 10% above the area designated by the Association (as determined by a publicly available modeling tool provided by the National Renewable Energy Laboratory);
8. Roof-mounted solar energy devices that do not conform to the slope of the roof and have a top edge that is not parallel to the roofline;
9. Roof—mounted solar energy devices having frames, support brackets, or Visible piping or wiring containing colors other than silver, bronze, or black tones;
10. Solar energy devices located in a fenced yard or patio that are taller than the fence;
11. Solar energy devices that, as installed, void material warranties; and
12. Solar energy devices that were installed without prior approval by the Association or ACC.
If the proposed solar energy devices do not fall within one of the above-prohibited categories, the Association or ACC may not withhold approval of the installation of solar energy devices unless the Association or ACC determines in writing that placement of the solar energy devices, as proposed by the owner, constitutes a condition that substantially interferes With the use and enjoyment of land by causing unreasonable discomfort or annoyance to a person of ordinary sensibilities. The written approval of the owner’s proposed location by all owners of adjoining property constitutes prima facie evidence that such a condition does not exist.
II. ROOFING MATERIALS
Pursuant to Texas Property Code §202.011, the installation of the following roofing materials is permitted:
1. Wind or hail resistant roofing materials;
2. Materials that provide heating and cooling efficiencies greater than those provided by customary composite shingles; or
3. Materials that provide solar generation capabilities. The above-enumerated acceptable materials, when installed, must:
1. Resemble the shingles used or otherwise are authorized for use within the subdivision;
2. Be more durable than, and are of equal or superior quality to, the shingles authorized for use within the subdivision; and
3. Match the aesthetics of the property surrounding the owner’s property.
III. ADDITIONAL ROOFING MATERIALS
A sample of the proposed shingle to be placed on any existing roof or any new improvement must be attached to each application submitted to the ACC. A11 roofs must be constructed or covered by (i) asphalt dimensional composition shingles of a weight equal to 240 pounds or more with a minimum manufacturer's guarantee of twenty—five (25) years with ten (10) year algae discoloration protection, (ii) cement fiber shingles, or (ii) clay or slate tiles. The color of the shingles must match the aesthetics of the Association. Some suggested colors include
barkwood, Charcoal, pewter gray or weathered wood. Shingles are to be overlapped at valleys so that no valley flashing is exposed.
IV. ROOF TOP ACCESSORIES
The roof, as an expressive design element, should be kept as Visually unobstructed as possible. Radio/television antenna, satellite dishes, and radio towers visible from the street are discouraged. If such items are necessary, it is preferred that they be placed on the rear side of
the roof.
Vent stacks and other necessary roof penetrations should be located away from public View. Roof vents should be combined to reduce number of roof penetrations, When possible. All vent stacks and flashing must be painted to match the color of the shingles. Roof
penetrations should be set no higher than the minimum height required by applicable zoning codes. Shingles are to be overlapped at valleys so that no valley flashing is exposed.
Rooftop or window HVAC equipment is prohibited. Skylights, if any, are encouraged to be installed on the rear portion of the roof of the residential dwelling. Skylights proposed on the front or side roofing are not recommended and, therefore, discouraged.
ACC APPROVAL.
Application submission of plans must include a Completed application for ACC review, .a site plan and/ or roof plan showmg the _prop‘qsed location of the impravement, along with pictures shéwing’ ttie‘ locatiOn 0E the motiification and the manufacturer’ 3 brochures or sample-
'of material,- if applicable. The color qt. the; materials being used' In‘ relation to the, root or house color, the visibility 'fi'om public streets and neighboring properties/commm areas and any noise created and/ot- light reflected are of specific Concern to the Association and thaA'CC
Any installation not In compliance With this Policy will be. considered a vialation of the dedicatery .instru ments governing the subdivision.-
‘l’his 13qu does net apply to prop‘érty thatis owned. 0:: maintained by the Association.