Deed Restrictions of Glenmont Estates

Glenmont Estates Sections I, II, III and East I,II

1. The Glenmont Estates Property Owners Association (“the Association”), a Texas non-profit corporation incorporated on January 30, 1984, is hereby expressly authorized to provide services for the benefit of the property in the subdivision and to collect assessments to fund the payment for such services;

2. No cesspools shall ever be dug, used or maintained on the property herein described and conveyed (the property), and whenever a residence is established on said property, all toilets shall be connected with a septic tank until such time as sanitary sewers may be available for the use in connection with such property. The drainage of septic tanks into any road, street, alley or other public ditches, either directly or indirectly, is strictly prohibited;

3. Drainage structures under private driveways shall have a net drainage opening area of at least 24 inches, or shall meet the Montgomery County, Texas requirements to permit the free flow of water without backwater. Culverts or bridges must be used for driveways and/or walks;

4. The property shall be used for residential purposes only, and no part thereof shall be used for commercial or industrial purposes. No other structure whatsoever, other than a first-class private residence, with the customary out-buildings or garage, shall be lived in as a home. No building may be moved onto this property without the inspection and approval of the Association;

5. No basement, tent, shack, garage, barn or other outbuilding erected on this property shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence;

6. No mobile home, manufactured home, modular home, motor home, travel trailer, camper, recreational vehicle or other such structure shall be used as a residence, temporarily or permanently, on the property;

7. No residence shall be erected or placed upon the property herein restricted as residential property which does not contain at least 1,800 square feet exclusive of porches, garages, carports, breezeways, outside storage or utility areas, patios or landings. Residential property is here meant for the use of erecting thereon a first-class private residence, with the customary outbuildings, garage and guest or servants’ houses. No corrugated metal, roll siding, tar paper or similar synthetic composition will be allowed for outside finishing materials unless expressly approved by the Association. The exterior of residences must be completed within nine months from the date the foundation is initiated;

8. No hogs, ostriches, emus, dangerous exotic animals or other animals generally considered to be undesirable in a residential subdivision shall be raised, bred or kept on the property. Horses, cattle, dogs, cats and other domesticated animals may be kept, with a maximum of three animals per acre, only one of which may be a cow;

9. Each purchaser of any portion of the property agrees that he or she will not permit grass or weeds to become in excess of 12 inches in height before cutting same, nor allow trash; junk; non-working or abandoned tractors, machinery, parts or equipment; disabled vehicles; or any unsightly objects to be dumped or accumulated on said property. In default of this, Association or its assigns may, after reasonable advance notice, enter property to cut such grass or weeds or remove said trash, junk, tractors, machinery, parts, equipment, disabled vehicles or unsightly objects and charge the costs thereof to the owner of the property, such costs to be paid within 30 days after demand is made therefore;

10. No sign of any kind shall be displayed to the public view on the property without written permission from the Association;

11. Except to clear land only as may reasonably be required for home sites, no tree or trees with trunks over ten inches in diameter shall be sold, cut or removed from this property without written permission from the Association;

12. No noxious or offensive activity shall be carried on upon the property nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, such as an automobile graveyard, garbage or rubbish dumping ground, or oil or mining operation. The public right-of-way, all easements, and roads abutting the property shall be kept free of litter, trash, and construction debris or materials;

13. These restrictions and covenants are to run with the property, and shall be binding on all owners thereof until December 31, 2006, at which time such covenants shall be automatically extended for successive periods of 10 years. Changes may be made to the covenants or restrictions, in whole or in part, at any time only by the approving vote of the majority of the then-owners of the property, with only one vote allowed to be counted for each lot;

14. Each purchaser of the property accepts said property subject to the above set-out restrictions, easements, and covenants running with the land, and purchaser and purchaser’s heirs, successors and assigns, covenants with their respective grantors that they will, and that their successors, heirs, and assigns, shall faithfully observe and perform said restrictions and conditions, and each of them. If any purchaser or any person claiming under such purchaser, shall at any time violate or attempt to violate, or shall omit to perform or observe any of the foregoing restrictions or conditions, it shall be lawful for any person owning land subject to these restrictions or conditions, or for any grantor of any property, to institute and prosecute appropriate proceedings at law or in equity, including the right of injunctive relief, for the wrong done or attempted;

15. It is agreed that nothing may be done by the parties hereto, their grantees or assigns which would result in changing or altering or interfering with existing drainage of water across this property or adjacent property;

16. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions or covenants, and same shall remain in full force and effect;

17. Every lot owner shall be obligated to pay, for each lot owned, an annual assessment to meet the common expenses, including road maintenance, of the Association. This assessment shall be payable on the first day of January of each year. Failure to pay by the appointed date shall result in the imposition of a late charge. Failure to pay by February 1 of each year, or after a set period of time specified by the Association, may lead to legal action to collect the assessments due, along with late charges, attorneys fees and expenses, and costs of collection of past-due assessments, with such charges not to exceed the maximum amounts allowed by law. The amount of the annual assessment is currently $145 per lot per year. The amount of the assessment may be increased or decreased from year to year to meet the needs of the Association’s annual budget. Any proposed increase of more than five percent in the amount of the annual assessment must be approved by a majority of the lot owners in the subdivision who are eligible to vote;

18. The property cannot be subdivided into parcels of less than two acres, and each tract must have a sixty-foot road built to county specifications fronting each tract. Any such subdivisions must have the written approval of the Association. No ingress or egress to the subdivision shall be permitted, except on the now-existing roadways within the subdivision;

19. This property and any and all parts of it shall not be used for hunting with firearms;

20. No transmitting antennas of any type may be erected or maintained on any lot at any time without the express written consent of the Association. Such transmission equipment must be used totally for personal, non-commercial reasons and must be shielded to prevent interference with incoming TV, radio, cell phone, satellite, and internet signals;

21. No trade or business may be conducted in or from any lot, except that an owner may conduct business activities within the single-family residence so long as: a) the existence or operation of the business activity is not offensively apparent or detectable by sight, sound or smell from outside the lot; b) the business activity does not involve customers coming onto the property who do not reside within the property or door-to-door solicitation of residents of the property; c) the business activity is consistent with the residential character of the property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the property; and d) there is no exterior signage pertaining to the trade or business;

22. In the event that a single-family residence shall be partially or entirely destroyed by fire or other casualty, such residence shall either be repaired and restored within nine months or demolished and the lot landscaped so that no damaged portion of the former structure remains visible. Repair, restoration, or replacement of such residence shall be the responsibility of the owner. In the case of extenuating circumstances, the owner may request from the Association an extension of the time allowed for repair, restoration, or replacement of the residence;

23. Each owner shall comply strictly with the covenants, conditions, and restrictions set forth in this declaration, as may be amended from time to time, and with the rules and regulations adopted by the Association. The Association may impose reasonable fines as may be needed to enforce compliance or other sanctions, which shall be collected as provided in the Association’s rules and regulations. Failure to comply with this declaration or the rules and regulations shall be grounds for an action to recover sums due for damages, injunctive relief, or any other remedy available at law or in equity. Failure of the Association or any person to enforce any of the provisions herein contained shall in no event be deemed a waiver of the right to do so thereafter;

24. In the event that an owner sells or otherwise transfers title to his or her lot, such owner shall provide the Association with a copy of the executed instrument of conveyance and give the Association written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Association may reasonably require. Until such written notice is received by the Association, the transferor shall continue to be jointly and severally responsible for all obligations of the owner of the lot hereunder, including payment of assessments, notwithstanding the transfer of the lot.
    As Amended December 18, 2006