DRAFT Fence Policy (to be voted on at July Board Meeting)

FENCE POLICY

for

DAVIS SPRING RESIDENTAL PROPERTY OWNERS’ ASSOCIATION, INC.

THE STATE OF TEXAS § § COUNTY OF WILLIAMSON §

I, ___________________, Secretary of Davis Spring Residential Property Owners’Association, Inc. (the “Association”), do hereby certify that at a meeting of the Board of Directors of the Association (the “Board”) duly called and held on the _____ day of _____________________,2019, with at least a quorum of the Board members being present and remaining throughout, and being duly authorized to transact business, the following Fence Policy (the “Policy”) was duly approved by a majority vote of the members of the Board:

RECITALS:

1. This Policy is adopted by the Board of Directors of the Association, pursuant to the authority contained in the Master Declaration of Covenants, Conditions and Restrictions recorded in Volume 2560, Page 0923, et seq. of the Official Public Records of Real Property of Williamson County, Texas (the “Declaration”), as same has been or may be amended or supplemented from time to time, which shall be binding on all Owners and Lots within the Subdivision.

2. Article V, Section 5.4.A of the Declaration grants the Board the power to establish and promulgate rules on behalf of the Association.

3. Article VI, Section 6.1 of the Declaration provides that no Improvement shall be commenced, erected, constructed, placed or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until the Plans and Specifications have been submitted to and approved by the Architectural Review Committee.

4. Pursuant to the authority in the Declaration, the Board desires to adopt a policy regarding fencing specifications for the Davis Spring Subdivision.

5. This Policy replaces any previously recorded or implemented policy that addresses the subjects contained herein.

6. Capitalized terms used in this Policy, but not defined herein, have the same meanings as that ascribed to them in the Declaration.

POLICY:

  1. Plans for construction of fences must be submitted to and approved in writing by the Architectural Control Committee (the “ACC”), as required by Article III and Article VI of the Declaration.
  2. Unless otherwise approved by the ACC, only vertical wood pickets are allowed, with top corner of each picket cut off to form a ‘notched’ effect between pickets.
  3. Pickets are to be no less than 3 1/2 inches wide and no more than 6 feet tall.
  4. Cap rails and top rails are not allowed on top of the pickets.
  5. Unless otherwise provided herein, all pickets must be on the same side of the horizontal rail for the full length of the fence along a property line. Batten fencing is not allowed. Alternating panels are only allowed on interior side yard fencing.
  6. All fences on property lines parallel and adjacent to any street must have the pickets on the street side of the horizontal rail, facing the street.
  7. Pickets must be butted together with no gap between pickets, except the gap created by natural shrinkage after the pickets are attached to the rails.
  8. One horizontal kicker or “rot” board not wider than 6 1/2 inches is allowed at the fence bottom adjacent to ground, below the pickets.
  9. Total overall fence height above ground level may be no more and no less than 6 feet, except when it is necessary to vary the height to keep the top of the picket line level in a case where the ground surface is not flat.
  10. All posts must be galvanized steel posts or 4 inch x 4 inch pressure-treated, cedar, or redwood wooden posts, set 7 feet apart except at fence corners, gates, and where the front fence connects from property line to house.
  11. All gates must be constructed of the same wood material as the fence, and in the same architectural style as the fence.
  12. It is recommended that new or fully replaced fences facing the street be stained or painted a color that is consistent and harmonious with other fences in the community.
  13. All broken, rotten, or damaged fence boards must be replaced within 1 week of discovery.
  14. All fences that have fallen due to winds or other causes must be replaced within 1 week.
  15. No front yard fencing is allowed. Fencing may not be installed closer to the street than the front of the home facing such street.
  16. Fences visible from the street may not be altered in any form to incorporate artistic designs, cutouts, etc.
  17. Violations. Violations of this Policy will be considered a violation of the Dedicatory Instruments governing the Association. After proper notice, the Association shall have the right to enforce this Policy by the initiation of legal proceedings seeking injunctive reliefand/or damages, attorney’s fees, costs of courts, and all other remedies, at law or equity, towhich the Association may be entitled.
  18. No Waiver. Further, failure to enforce any violation of this Policy by the Board shall not constitute waiver of the right to enforce any future violations.

I hereby certify that I am the duly elected, qualified and acting Secretary of the Association and that the foregoing Fence Policy was approved by a majority vote of the Board of Directors as set forth above and now appears in the books and records of the Association, to be effective upon recording in the Official Public Records of Real Property of Williamson County, Texas.

TO CERTIFY which witness my hand this the _____ day of _________________, 2019.

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DAVIS SPRING RESIDENTIAL PROPERTYOWNERS’ ASSOCIATION, INC.

By:
Printed:
Its: Secretary

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THE STATE OF TEXAS § § COUNTY OF _________________ §

BEFORE ME, the undersigned notary public, on this ___ day of __________________, 2019 personally appeared ______________________________, Secretary of Davis Spring ResidentialProperty Owners’ Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purpose and in the capacity therein expressed.

Notary Public in and for the State of Texas