Oak Crest HOA

Rules and Regulations

Rules and Regulations

SAN ANTONIO OAK CREST
HOMEOWNERS ASSOCIATION


FORWARD

Prior to purchasing your home, you were informed of S.A. Oak Crest Homeowners Association and its many fine features. Homeowners in the San Antonio Oak Crest subdivision want to make it a better place to live and enhance long term property values. In order to do this, everyone must comply with the Declarations of Covenants, Conditions and Restrictions (DCCRs) which were provided at the time of closing. Most violations occur as a result of insufficient information or misinformation. The Board of Directors and the Architectural Control Committee would like to provide you with the Association's Rules and Regulations. If you have any questions, please call the Association office at (210) 829-7202.




The Board of Directors





CONTENTS

INTRODUCTION

1.0 PURPOSE

2.0 COVENANTS, CONDITIONS and RESTRICTIONS

3.0 ARCHITECTURAL CONTROL COMMITTEE

4.0 THE REVIEW PROCESS

4.1 Request Submittal

4.1.1. Request Requirement

4.2 The Review

4.2.1 Basis for Review and Approval

4.3 Variances

4.4 Modifications and Waivers

5.0 CRITERIA FOR PROPOSED IMPROVEMENTS

Improvement and Design Criteria

Awnings
Air Conditioning Units Outside
Antennas
Basketball Goals
Burglar Bars
Clothes Lines
Decks
Drainage
Easements
Exterior Lighting
Fences, Gates, Walls, and Hedges
Flag Poles
Garages
Gazebos
Guttering
Landscaping
Outbuildings and Storage Structures (rev. 04-22-04)
Painting
Patios and Walkways
Patio-Covers
Planting
Play Structures
Pools and Spas
Pruning
Retaining Walls
Roofs
Screening Security/Storm Doors
Signs
Skylights and Solar Panels
Sprinkler Systems
Window Treatment





6.0 INSPECTION

7.0 SELECTED CONDITIONS AND RESTRICTIONS

Commercial Activity and Home-based Business
Decorations
Dumping
Fireworks
Garbage Service
Loud Noises Nuisances
Maintenance of Property /Improvements
Pets
Security Gates
Solicitations
Speed Limits and Traffic Signs
Street and Sidewalk Maintenance
Vehicles
Watering

8.0 VIOLATIONS

DCCRs Violations on Homeowner Lot
Vehicles in Excess of Posted Speed Limit on Common Areas Notification



INTRODUCTION

All SAN ANTONIO OAK CREST residents - whether owners or lessees - are required to obtain approval before proceeding with any plan to make changes to the property. Any exterior improvements to your home must be approved by the San Antonio Oak Crest Homeowners Association's Architectural Control Committee (ACC) before work can be started. It is the responsibility of each owner to submit plans for any improvement to the ACC for approval. Plans must be approved before construction is to start.

"Improvement" is defined as any addition or change to the existing property. Everything is covered from additions to homes, sidewalks, fences, landscaping, pools, patios, decks, flagpoles, basketball boards, athletic equipment, radio/TV antennae, satellite dishes, backyard sheds, gazebos, exterior color of home, changing of windows, etc. Only two "improvements" are exempt from requiring ACC approval: (1) underground Sprinkler Systems, and (2) minor landscaping. Everything else requires ACC approva1.

It is the Homeowner's responsibility to obtain the necessary permits, etc., from the City of San Antonio, after Oak Crest ACC has first approved the plans to make sure that the proposed improvements comply with the deeded restrictions.

These Rules and Regulations presents the conditions and restrictions required of each resident, and the procedures to obtain the Architectural Control Committee's (ACC) approval with the rationale for the requirement. The ACC has the responsibility to administer the review process on behalf of the San Antonio Oak Crest Homeowners Association (SA OCHOA).

The SAOCHOA is a non-profit organization. The Association owns and maintains the common properties and facilities. The common properties and facilities include, but are not limited to, public rights-of-way or easements, entry gates, walls, fencing, safety lanes, green belt landscaping, sprinkler systems, and improvements.

Every homeowner is an automatic member and shares a portion of the responsibility for its support and will pay mandatory assessments. Assessments are billed in advance on a quarterly basis, January 1st, May 1st, July 1st, and October 1st of each year. Current annual assessments are $396.00 per year.

The Administrative offices of the Association are at 1600 N. E. Loop 410, Suite #202, San Antonio, Texas 78209, (829-7202). Hours of operation are Monday through Friday 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. Responsibilities are to represent the Association in providing for the physical maintenance and operation of the common facilities. Additional responsibilities include collecting assessments, making disbursements, establishing the budgets, keeping financial records and maintaining all administrative records of the Association. The Association has other responsibilities, at the direction of the Board, such as assisting in architectural control.


SAN ANTONIO OAK CREST
HOMEOWNERS ASSOCIATION

RULES AND REGULATIONS

1.0 PURPOSE. The property owners and residents of OAK CREST are firmly resolved to maintain the beauty and value of our community. We, as a community, are committed to ensure that each home and the improvements around it are well-designed, well-constructed, and composed of suitable materials.

With that as the primary objective, the Board of Directors and the Architectural Control Committee (ACC) developed these Rules and Regulations to help residents and owners in OAK CREST understand the procedures arid controls that apply to each residential lot within the community. The information contained in these Rules and Regulations will also help each requester obtain approval for desired or needed construction and/or improvements as quickly as possible.

2.0 COVENANTS, CONDITIONS AND RESTRICTIONS. To protect every owner's investment in the community, a legal document, the Declaration of Covenants, Conditions and Restrictions (DCCRs) established baseline development, improvement, and maintenance standards for the community. This DCCRs was provided at the time of closing.

The purpose of the OAK CREST DCCRs is to protect and enhance the community's environmental quality and economic value. New owners should have the assurance they are moving into a high-quality community where rules governing properties will be applied to every property equitably and without bias.

DCCRs have been used successfully for many years in residential developments. These protective covenants help ensure the quality environment and attractive improvements. The core of any set of protective covenants must be reasonable rules, regulations, and guidelines for improvements constructed and maintained on Lots in the community. DCCRs cover basic considerations such as allowed land uses, materials, colors, etc. to be used, and the procedures for dealing with non-compliance. The RULES AND REGULATIONS supplements the DCCRs and applies to an homes in OAK CREST.

Note: If conflict between the DCCRs and this document exists, the provisions of the DCCRs prevail. Refer to the DCCRs for additional restrictions and information. If conflict between this document and the City of San Antonio ordinances exists, the most restrictive shall govern.

3.0 ARCHITECTURAL CONTROL COMMITTEE. Among its provisions, the DCCRs established the ACC. Committee members - homeowners committed to serving the community - are appointed by the Board of Directors and serve without pay. This committee has the responsibility and authority to review and approve or disapprove plans and specifications for a11 improvements in OAK CREST on a case-by-case basis, The ACC is empowered to make changes to these guidelines as deemed necessary in accordance with the provisions of the DCCRs as quoted below:

"No building, fence, wall, outbuilding, landscaping, pool, athletic facility or other structure or improvement shall be erected, altered, added onto or repaired upon any portion of the Property without the prior written consent of the ACC" (Article V, Section 5.2)

4.0 THE REVIEW PROCESS. The ACC review process involves evaluating proposed improvements using the DCCRs and RULES AND REGULATIONS as references. The process does not include consideration of building code compliance or structural integrity. Nothing in the DCCRs. RULES AND REGULATIONS, or review process removes from the owner of a particular property the responsibility 'to comply with all local, state and federal regulations that may apply to the development of that property. Each owner must determine the applicability of all relevant City of San Antonio regulations and ordinances pertinent to his or her property.

4.1 Request Submittal. The review process begins with the owner submitting a completed Improvement Request (IR) form prior to placing the improvement on the property. The ACC requires this form to review and approve or disapprove the proposed improvement. Send the completed IR forms or questions concerning the review process to:

San Antonio Oak Crest Homeowners Association, Inc.
Architectural Control Committee
1600 N. E. Loop 410, Suite #202
San Antonio, Texas 78209

Residents needing advice, blank IR farms, or other information regarding the review process may call the Association office (829-7202) and leave a message for the ACC. Blank IR forms may be picked up at the Association office or mailed to you at your request. The ACC will make every reasonable effort to work with the resident to shorten the time for the review process. The requester is responsible for submitting the Improvement Request form early enough to obtain review before work is scheduled to begin.

4.1.1 Request Requirement. Requesters receive a response from the ACC sooner when the IR fom1 is filled in accurately and completely. Proposals must include, as a minimum:

* Site Plan - A simple site plan (drawing) of the improvement on a
copy of the Lot Survey showing dimensions and relationship
(location) of the improvement to the existing improvements,
easements and setback lines.

* Description - A complete description of the improvement accompanied
by drawings, sketches, pictures, brochures, photographs and/or
specifications to adequately describe the proposed improvement.

* Materials List - A complete description of the proposed materials.
Include color samples and/or manufacturer's brochures when
available.

4.2 The Review. The ACC reviews each proposal, approves or disapproves the request, and informs the requester of the decision.

The ACC is required to act on initial or final design proposals within thirty (30) days of receipt by the Committee. The ACC may request additional information during the initial thirty (30) day period. Incomplete proposals may be 'NOT APPROVED' until additional information is submitted. The review period automatically will be extended thirty (30) days following the date the ACC receives the requested additional information.

If the ACC does not receive the requested additional information by the date specified in the response to the requester, the request for approval will be automatically DISAPPROVED. If an extenuating circumstance - such as illness or an emergency - arises to cause a delay in responding, contact the ACC to request an extension.

4.2.1 Basis for Review and Approval. ACC approval is based on:

a. adequacy of site dimensions

b. conformity and harmony of external design, including color
schemes, and of location with neighboring structures and Lots, and

c. compliance with the specific and general intent of the DCCRs and
RULES AND REGULATIONS.

If plans and specifications are not sufficiently complete or are otherwise inadequate, the ACC may reject them totally or may approve of disapprove a part of the request. In all cases, action by the ACC is final.

It is the Homeowner's responsibility to obtain the necessary permits, etc., from the City, after the ACC has first approved the plans to make sure the proposed improvements comply with the deeded restrictions. Please call the Department of Building Inspection, Plan Check Center, 299-8248 or 299-2895 to obtain instructions for submitting applications, requirements, etc.

4.3 Variances. The ACC may grant a variance to the DCCRs upon reviewing a written request. However, such requests are exceptional and not routinely approved. To be granted a variance, the requester must demonstrate that the proposed improvement is consistent with the general architectural style and design of the community. The improvement also must be in harmony with the natural and built surroundings.

4.4 Modifications and Waivers. Applications for modification or waiver of any requirement of the DCCRs or RULES AND REGULATIONS must be submitted in writing. Requests must show that complying with the requirement, under the circumstances, creates unnecessary and undue hardship relating to the special health needs and well-being of the homeowner or family member. The request also must verify that modification or waiver will not be detrimental to the owner of any other Lot. A wheelchair access ramp to the main entry is an example of a qualifying modification.

5.0 CRITERIA FOR PROPOSED IMPROVEMENTS. The following paragraphs apply to all individual residents. Except for underground watering systems and minor landscape planting, all improvements and/or changes to any property or Lot require ACC approval. Submit Improvement Request (IR) forms in accordance with Section 4.0 of the RULES AND REGULA- TlONS as applicable.

Improvement and Design Criteria. The following is a listing (alphabetical1y arranged) of the more common improvements requested by residents. This information is meant to assist residents to properly plan and submit proposals for improvements and to support the ACC review and timely responses to those requests. This is not a comprehensive list of every possible improvement. For improvements not addressed here - or additional information on these - consult the DCCRs and-or contact the ACC.

Air Conditioning Units Outside. All outside air conditioning units must have screening. If the unit is not behind the fence, then the use of thick shrubbery must be used to hide the unit/units.

Antennas. OAK CREST's objective is that antennas be attached or erected where they are not visible from the street. If the only possible installation results in visibility from the street, the antenna should be screened where possible or installed in a location which minimizes visibility. On the approval form, identify location, type of antenna (including dimension/size), color, and screening plan.

The FCC Telecommunications Act of 1996, Title II Section 207, established specific user rights with regard to television signal reception antennas. The Act applies to (inter alia) direct broadcast satellite (DES) and multi channel multi point distribution service (MMDS) antennas less than one meter (1M) in diameter, as well as standard broadcast service TV antennas. The FCC established that homeowner associations may not impair reception to these antennas. "Impair" is defined by the FCC as; (a) unreasonably delaying or preventing installation' (b) unreasonably increasing cost of installation or use; or (c) precluding reception of an acceptable quality signal.

* Satellite dish antennas (larger the I meter diameter) arc not covered by
the above Act. The deed restriction for the dish antenna is that it be
wire mesh type with a height limited Lo a maximum of nine feet (9') from
the ground level. Colors should be neutral and not conflict with the
surroundings. Where possible, the antenna must be screened from view of
any street in a manner approved by the ACC.


• Antennas that radiate (transmit) signals are not permitted since the
electromagnetic radiation presents a potential to interfere with
reception of communications/broadcast signals.

Awnings. Awnings over windows should match the color of the brick or house trim and are to be clearly integrated into the design of the house. Canvas, tarpaulin, or metal covered awnings are not permitted. The roof of the awning is to match the roof of the structure to which the awning is affixed. ACC approval is required.

Basketball Goals. Basketball goals, backboards, or similar equipment may not be mounted on the dwelling. Due to safety and liability concerns, goals may not be placed or used closer than fifteen (15') to the curb, even temporarily. Wherever on the property a goal is intended to be placed, ACC approval is required. The following conditions apply to placement on the front of the Lot.

* Permanent Goals. Removable goals installed with a buried sleeve are
preferred. Posts are to be installed on the side of the driveway a
minimum of 15' to the curb. Remove the goal and post and store out of
sight when no longer used.

• Portable Goals. Portable goals also must be placed and used no closer
than 15' to the curb. Remove and store out of sight when no longer used.

Burglar Bars. Burglar bars may not be mounted to the exterior portion of any structure, but may be mounted on the interior and painted to match window mullions (strips between panes) or other trim colors. Instead of burglar bars, residents may want to consider heavy-duty, ax proof window screens.

Clothes Lines. Outside clothes lines may not be erected, placed or maintained on any Lot unless they are screened as viewed from the street and are no more than five feet (5') in height. ACC approval is required.

Decks. Unpainted cedar or redwood lumber is recommended for all exposed raised deck contraction. However, treated lumber is an acceptable alternative. Decks must be made of wood and if painted should match the color of the house. Decks must be approved prior to installation whether constructed by the builder or by the homeowner. Decks cannot encroach upon setbacks or easements.

Drainage. Contraction or preparation for the construction of any structure or impairment (to include landscaping) may not cause a diversion of the drainage across any other Lot.

Easements. Generally, the existence of an easement requires the property owner to maintain a clear access to the easement area. Easements are created for a variety of reasons, one of the more common being to give access to underground uti1ities. No permanent structure may be placed on an easement, and no other impairment (except seasonal planting) can be placed on an easement without the written approval of the ACC.

Exterior Lighting. Choice of fixtures and poles should reflect the materials, shapes, and colors used in the main dwelling. Tree-mounted or ground-mounted voltage landscape lighting with a bullet-shaped fixture is recommended, and requires ACC approval.

• Floodlights for the purpose of lighting outdoor areas fronting on public streets are allowed, but must be in a cut-off type light fixture (e.g., have shields affixed) so that the source of light is not visible from the street or adjourning Lots. Outdoor lighting is to be directed or shielded so as to avoid glare and light spillage on adjacent property and streets.
•
Fences, Gates, Walls, and Hedges. Any fence, gate, wall, change to a previously installed fence, gate, or wall or similar improvement must be described with respect to location, height and type of material and:

* Front, side and rear property lines must be fenced. All fences are to be
six feet (6') vertical fences compqsed of stained or clear finished
cedar, other woods (such as redwood) the ACe determines to be equal or
superior to cedar, or masonry.

* If masonry, type and color must be approved by the ACC.

* Stain color samples also must be submitted for approval by the ACC.

* Colors must be "natural." Not intended as a finite list, the following
are examples of acceptable stain colors:

Natural Cypress Natural Cedar tone Buckskin


* High-quality man-made materials that have the appearance of wood or
contain wood products will be considered on a case-by-case basis.

* Barbed wire or metal (except wrought iron as stipulated above) fencing is
not permitted.

* Fence posts must be placed on the inside face of fencing visible from public streets.

* Alterations of fences or fence lines must be approved by the ACC.

* Fences may not be placed forward of the front wall of a dwelling.

* No fence or hedge may be placed where it might obstruct the views of
motorist at intersections, within a zone twenty-five feet (25') from the
pavement edge in each direction. See the DCCRs for further restrictions.

• Hedges are encouraged as screening. The following are a few of the
recommend plants for hedges:

Holly Pittosporum Cenizo

Hawthorn Juniper Photinia

Flag Poles. House-mounted flag poles may be no longer than six feet (6'). Yard flag poles must be at least fifteen feet (15') from the curb and are limited to no more than twelve feet (12') in height. ACC approval is required.

Garages. No garage may be altered or converted into living space if the alteration/conversion is apparent from the exterior of the structure. Initial house construction must include a garage. Model homes may be constructed initially with sales office in what usually is the garage. However the office area must be converted to a garage prior to closing the sale to a homeowner.

Gazebos. Unpainted cedar or redwood lumber is recommended for exterior use. Treated lumber is an acceptable alternate but must be painted to match the color of the main dwelling. Solid or open beam rafter-type roofing is permitted. If a solid roof is proposed it must either match the roof on the main dwelling or be cedar or redwood shingles. Dimensions are restricted to maximum length, width and height of nine feet (9'). ACC approval is required.

Guttering. Where proximity to a neighbor's dwelling or property would cause drainage problems, houses and major buildings must be guttered with downspouts. Downspout water is not permitted to be deposited directly into landscape areas without adequate erosion and siltation control as approved by the ACC. Uncontrolled drainage onto adjacent property is not allowed. Gutter colors must match exterior trim, and must not be reflective.

Landscaping. Landscaping is a very important feature with OAK CREST. Initial front yard landscaping must be fully installed as approved by the ACC within ninety (90) days of occupancy (subject to seasonal planting requirements). Not more than ten percent (10%) of the front yard _ excluding driveways and sidewalk - may be covered by rock or other hard-service material. The majority of the front yard must be maintained as a grass lawn not to exceed six inches (6") in height. Minor/seasonal planting (such as annuals or perennials) do not require approval.

* The use of plants with low water requirements in planters is strongly
encouraged. By util1zing good planting and design, limited turf areas,
efficient irrigation, soil amendments and mulches, and appropriate
maintenance, landscape watering can be minimized. Xeriscaping (use of
plants that thrive in hot, dry climates) is encouraged but must be
approved on a ease-by-case basis. Approval by the ACC prior to planting
is required.


• Plants should be placed to provide screening where necessary, but should not obstruct sight lines at intersections. In addition, shrubs and trees must be set back a minimum of ten feet (10') from the curb or maintained at three (3') feet height or less to avoid obstructing views. Trees, bushes, and other plants near frontage walkways must be kept trimmed and pruned to ensure unobstructed pedestrian travel.
•
Outbuildings and Storage Structures. Outbuildings and storage structures must be compatible with the design and materials of the main dwelling. Structures should be screened as much as possible from view from the street and adjacent properties.

* Fiberglass or composite shingles must match the color and weight of those
on the main dwelling. Metal, fiberglass (other than approved shingles),
or corrugated plastic roofs are not permitted for use on any outbuildings
or shed.

* Siding must be compatible with that used on the main structure and color
must match that used on the main structure. The storage shed must blend
in with the surroundings.

* Outbuildings and storage structures must be located in the rear yard and
are limited to 9 feet (9') in height and cannot have a total floor area
in excess often percent (10%) of the floor area of the main dwelling.

* Storage sheds placed on a non-permanent foundation (such as wooden
platform) are not considered portable or temporary buildings and may not
be placed within the side setback area or rear casement.

* Permanent structures (e.g., on concrete foundations or footings) also may
not be located within setback lines or casements as noted on each
individual Lot survey. (See the Setback requirements in the DCCRs.)

* Round turbo-type roof vents are not permitted. Only "1ow~profile" roof
vents not to exceed eight inches (8") in height may be installed.

* The resident must ensure the landscape surrounding the structure can be
properly maintained. ACC Approval will also be based on your neighbor's
concerns. Blocking their view can hinder approval,

* Metal, rubber, or plastic storage structures are not permitted since they
are not compatible with the materials used in the main dwelling.

• A final inspection will be performed by an ACC member to ensure
• compliance with tbe DCCRs, Rules and Regulations, and the approved ACC request.

Painting. Repainting all or part of a structure in the same color(s) does not require approval. However, changing exterior paint or stain colors require ACC approval of the paint scheme and color samples. Colors must be limited to "earth" tones. Additionally, no reds, yellows, or bright blues may be used. Bold colors are expressly prohibited. Trim must compliment the color in the brick and masonry. Include samples of proposed colors (preferably manufacture's brochure) with the Improvement Request form.

Patios and Walkways. Patios and walkways must be designed to minimize interference with established drainage patterns. Paving is to be crowned or slightly sloped. Runoff from paved areas must be considered when planning such surfaces. Paving materials for patios and walks are usually made of concrete, but brick, stone, or gravel also may be used. Concrete can be textured, colored or laid in patterns. Patios and walkways can be safely illuminated with low light levels as long as steps, entrances, and potential hazard areas are well-lighted. ACC approval is required.

Patio Covers.

• A solid patio cover must be compatible with the roof structure of the
main dwelling so that it appears more as a roof extension than a
separate element. Shingles must match those of the main dwelling. No
metal, fiberglass (except approved roofing shingles), or plastic
corrugated materials may be used.

• An open patio cover will be considered as a sun screen where open beams
and rafters are permitted. The open patio cover or sun screen must be
made of cedar, redwood or treated lumber. If painted, it must match the
color of the existing house.

Planting. Only extensive or large planting changes that may change the character of the landscape or block views along a public street require ACC approval. Minor/seasonal planting do not require approval. Residents are cautioned to note that anything planted in an easement is subject to removal by the easement owner. (see also the landscaping paragraph.)

Play Structures. Play structures such as elevated play houses should be made of cedar, redwood or treated lumber. The wood finish of a play structure should remain natural or blend with the color and texture of other improvements. Play structures should be placed in or near the center of the rear yard, close enough to the house so as to not be visible from the fronting street. Play structures are limited to nine feet (9') in height. Roofs, if any, should match the color of the roof of the main dwelling. No metal, corrugated fiberglass or plastic material may be used for roofing. Brightly colored canvas or tarpaulin covers are discouraged. In no event shall a permanent play structure be located within easements or setback lines as noted on each individual Lot survey. ACC approval is required.

Pools and Spas. Swimming pools (above or below ground) must be located in the rear yard. The pool should not be within any easement. A fence must be provided for safety reasons as well as for screening the pool equipment. Plans detailing the pool decking, safety fencing, filter back~wash sewer connection and surface water drainage, must be approved by ACC.

Consideration should be given when planning a pool to limit views from adjoining Lots or public streets. Your adjacent neighbors will need to approve all above ground pools. A qualified contractor should be consulted when planning and installing a pool. Once construction begins, the contractor is required to complete all work within six (6) months. It is the homeowner's responsibility to obtain the necessary permits and inspections, from the City, after the ACC has first approved the plans to make sure that the proposed improvement complies with the deeded restrictions.

Pruning. To protect against the spread of disease or infestation, any wound on a tree, whether by pruning or by injury, must be painted with any latex paint or commercially available tree wound dressing within 2 hours of that pruning or injury.

Retaining Walls. All retaining wall construction must be approved by the ACC prior to installation.

Roofs. Roof replacement of the same original material and color does not require ACC approval. However, changing color, style, type of shingles, or any other change must have ACC approval.

• Roofs must be designed and constructed so as to prevent water from
pooling. No metal, brightly colored canvas or tarpaulin material,
plastic, or corrugated fiberglass may be used as roof covering.

* Roof shingles are to be either fiberglass (225 pound or better) or
composition (240 pounds or better). Reflective roofing materials are not
permitted on any permanent structure. Reflective materials are held
generally to include not only roof coverings by also protuberances (such
as vent pipes and air management equipment) from the roof structure.
Such protuberances must be painted to match or complement the color of
the roof covering material. Paint must be non-reflective/non-gloss.

• Other roofs, such as on outbuildings or storage structures, must be
either fiberglass or composition shingles, or rolled shingle material.
These roofs must match the color of the roof of the main dwelling.

Screening. The screening of views from surrounding properties and streets is required to be a major consideration in the placement of antennas, air conditioning units, outbuildings, storage enclosures, play structures, trellises, pool enclosures and any other outdoor improvements. Hedges are the preferred method. Other solutions may be acceptable, but must be approved by the ACC before emplacement or construction.

Security/Storm Doors. Security doors are to match or compliment the color of the adjoining trim and should complement the design features of the front of the structure. Government fire safety restrictions should be considered. P1ain (unpainted) aluminum may not be used, ACC approval is required.

Signs. No person business/commercial signs are allowed in the residential area. One "For Sale" or "For Lease" sign does not require ACC approval to be placed on the Lot, but it cannot exceed 2' x 3' in area, and be fastened only to a stake in the ground and extend no more than three feet (3') above ground. Private home "For Sale", "For Rent", or "Open House" signs placed anywhere other than on the private Lot require ACC approval. All other signs must be approved by the ACC.

Skylights and Solar Panels. Solar panels and/or skylights are to be installed on roof sections not visible from the street or be screened from view in a manner approved by the ACC. Solar panels must be maintained with nine inches (9") of the roof plane parallel with the plane, and far enough from the roof edge so as not to interfere with roof integrity. The locations of all rooftop equipment must be approved by the ACC prior to instal1ation. Solar panel rooftop equipment such as collector tanks or rooftop condensers must be screened from view from the ground by means approved by the ACC.

Sprinkler Systems. Underground sprinkler and watering systems are recommended and encouraged as an efficient means of landscape irrigation. ACC review or approval is not required. However, to protect owner investment, landscape irrigation systems should be designed by a state licensed landscape irrigator and must be designed to prevent back siphonage of water into the potable water supply. A pressure-type vacuum breaker or double check/double gate valve assembly should be installed in an accessible locat10n screened from view.
Window Treatment. No aluminum foil, reflective film or similar treatment shall be placed on windows or glass doors.

6.0 INSPECTION. Members of the ACC have a legal1y-established permanent easement to enter upon any and all Lots in OAK CREST to verify compliance with the DCCRs and RULES AND REGULATIONS. However, except in circumstances involving safety or health concerns the Ace will coordinate with the resident prior to entering beyond fence gates. When possible, the ACC also will arrange to enter a property only when the resident is at home.

7.0 SELECTED CONDITIONS & RESTRICTIONS. The following are highlights of selected conditions or restrictions established by DCCRs and community-accepted policy. This is not an all-inclusive listing; rather the areas addressed here are those which most often invite questions.

Commercial Activity & Home.Based Business. Business conducted from or within a private Lot is not absolutely disallowed but any such business must adhere to all applicable laws, ordinances, and regulations as well as the DCCRs. The business cannot be publicly advertised or promoted on the Lot nor can the public be invited to conduct business on the Lot. Any business that can be observed from the street is construed as inviting the public. Telecommunicating or private consulting are examples of businesses that could be conducted without violating the DCCRs. A child-care center is an example of disallowed commercial activities on any Lot.

Decorations. Christmas decorations or lights may not be displayed prior to November 1st of any year. For other holidays, decorations or lights may not be displayed more than three (3) weeks in advance of the holiday. All lights and decorations that are not permanent fixtures shall be removed within thirty (30) days following the occasion for which they were displayed. The Association shall have the right, upon thirty (30) days prior written notice to enter upon any Lot and summarily remove exterior lights or decorations displayed in violation of this provision. The Association, and the individuals removing the lights and decorations, shall not be liable to the Owner for trespass, conversion or damages of any kind except intentional misdeeds and gross negligence.

Dumping. Dumping or depositing trash is not permitted anywhere within OAK CREST except in receptacles designed and intended for such use. There are only two methods for disposing of trash in OAK CREST: (1) curbside pickup by commercial trash removal services, or (2) privately hauled to a legal trash reception or recycling site. The sidewalks should be clear at all times of debris and trash, so as to enable pedestrians their right to the sidewalk.

Fireworks. Fireworks are not allowed at any time as it is in violation of City ordinances.

Garbage and Recycling Service. The City of San Antonio provides each home two 96 gallon wheeled carts which remains the property of the City. The brown cart is for bagged garbage and the blue cart is for loose recyclables. Recyclables are collected on Tuesday and garbage is collected on Friday. The container must be placed with wheels against the curb no later than 7:00 am the morning of pickup. However, curb placement late the prior evening is acceptable. Lids must be closed and since this is an automated cart collection system, no trash or recyclables left outside the cart will be picked up. On other days, these carts must be stored inside or in a screened area so they are not visible from any street or the adjourning property. Call 3-1-1 for any further information.

Twice a year the City of San Antonio Environmental Services Department sends out a flyer to advise residents to place large items (i.e. trimmed trees, large appliances, etc. that are not normally removed weekly) curbside for pick-up within a two week period. This is the only time this refuse can remain curbside until pick-up.
Loud Noises Nuisances. Noise Nuisance, Article HI, Section 21-52 of the City code applies to radios, parties, as well as machinery and equipment.

Maintenance of Property/lmprovements. The owner and/or lessee of any Lot has the duty and responsibility to keep the premises, improvements, accessories, additions and landscaping in a well-maintained, safe, clean and attractive condition at all times. No improvement is permitted to fall into disrepair. All improvements must be kept in good repair and condition, painted, or otherwise maintained. Such duty to maintain extends to all improvements located on the Lot.

Pets. The City "leash law" applies. The minimum legal requirements for both cats and dogs are that they: (a) be leashed when outside the confines of the home or fenced area, (b) have all vaccinations up-to-date, and (c) have a current license/tag. Additiona1ly, pet owners are expected to clean up after their pets to maintain a healthy and attractive environment. No more than four (4) adult animals may be kept on a single Lot.

Also, the City code, Animal Nuisance, Article VI, Section 5-201. Provides that it is a misdemeanor to keep "an animal that barks or whines in such a manner, with such intensity, or with such continued duration so as to annoy, distress, disturb the quiet, comfort or responding to complaints by homeowners."

Controlled Access Entry. Transmitters are available for purchase. These transmitters are preprogrammed to activate the gate. If you do not have a transmitter, a four (4) digit personal code is used to open the gate. DO NOT GIVE THAT CODE TO ANY NON-RESIDENT.

* Do not open the gate manually, hold it open or prop it open with a rock,
stick, etc. This causes the safety breaker to shut the motor off to
prevent damage to the motor. The gate will stay open until the safety
breaker has been manually set.

• Instruct your children how to open the gate with the “entry" codes when
leaving or entering the subdivision on foot or bike.

* Instruct your children not to play near, on, or with the gate.

* Do not give the code out to friends, service companies, or delivery
people. They should gain entry by calling you from the keypad using the
assigned directory code displayed next to your name. If you need a
special code to allow access for repeated weekly services when you will
not be home, such as a cleaning company or landscaping company, please
call the Association office (829-7202) and they will program a special
code into the system for their use.


8 When guests of service people arrive at the gate, they can look up your
name on the directory at the keyboard. Next to your name is a three digit
code which they can use to ring your home telephone, following the
instructions at the keypad. Once you answer and the caller is identified,
you simply press the "9" button on your telephone to open the gate for
your visitor.

* If you are planning on having a party involving a number of guests,
advise the Association office. A temporary code may be issued to you for
the time of the party and removed from the system immediately after. Your
guests may use the code for entry (the same instructions used for your
four digit code apply). If you plan to send out invitations, you may want
to call the Association office early for a temporary code and include
that temporary code number with the invitation.

* Check the directory at the keypad occasionally for your name and press
the directory code to dial your number to be sure it is working
correctly. Report any incorrect information or malfunctions to the
Association office (829-7202) immediately. They have a 24 hour number,
and you may leave a detailed message with the answering service. If it is
an emergency, ask the answering service to page the manager.

* Certain key persons will have access to the subdivision through a
specific and separate code. This includes the fire department, police
department, utility company, garbage company, and the homebuilders.

• If any damage to the access gates are caused by gross negligence or
• misdeeds of a child or an adult, the resident will be liable for the cost of repairs.
•
Solicitations. Door-to-door solicitation by residents and non-residents is prohibited.

Speed Limits and Traffic Signs. Please be careful with children on the streets. Our streets are privately owned and we maintain them. A fifteen (15) Mile Per Hour sign is posted along with stop signs and must be observed. Only motorized vehicles which are licensed and in compliance with the State of Texas are allowed to use our streets. See Section 9.9 of the DCCRs for further enforcement of these Rules and Regulations.

Street and Sidewalk Maintenance. Street cleanliness depends on resident maintenance. Residents who throw trash or cause to be thrown trash, debris, or landscape trimmings into the street also are responsible for cleaning up. Residents must clean up trimmings following lawn mowing and landscape maintenance. Growth of plant materials between seams of the street and curb fronting a Lot must be removed and discouraged from re-growth. Grass trimming, leaves, etc., must be bagged and not left on the sidewalk to be blown around.

Vehicles.

* Parking in Streets. Campers, boats, boat trailers, marine craft, golf
carts, travel trailers, motor homes, camper bodies, or any type of
recreational vehicles or equipment, and vehicles with commercial
advertising signs, or insignia, cannot be parked on the street, in front
yards or driveways unless they are within an enclosed structure.

* Inopperative vehicles. Any vehicle that is mechanically undriveable or
one in which the registration and safety inspection has expired. Vehicles
in observable disrepair (flat tires, on blocks, etc.) will be presumed
inoperative. Vehicles parked long-term without movement also will be
addressed as apparently inoperative, and cannot be parked in the street
Any inoperative vehicle, after giving notice to owner, will be towed at
the owner's expense.

• No Parking Zones. Parking of vehicles is not allowed within fifteen feet (15') either side of the community mailboxes. Also, parking cannot hinder the handicapped sidewalk access ramps to the street.

Watering. OAK CREST supports water conservation measures as outlined by SAWS
guidelines.
*
8.0 VIOLATIONS. In order to ensure compliance to our DCCRs and Rules & Regulations, there must be a directive that supports enforcement. With the Resolution approved by the Board of Directors. in addition to the violation letters, fines can now be assessed.

DCCRs Violations on Homeowners Lot. All persons violating the DCCRs, Article 9 (or the Rules & Regulations) will be given a written notice reminding them of a DCCRs violation on their property. If the violation continues, a certified written letter will follow, with a deadline to cure the violation, warning them that a fine will be imposed for continued violations. The homeowner will have the opportunity to submit a written request for a hearing before the Board of Directors within thirty (30) days. Persons who continue the violations within six (6) months of the written warning are subject to the following penalty:

Second and subsequent Occurrences - $50.00 a day fine.

Vehicles in Excess of Posted Speed Limit on Common Areas. All persons operating motor vehicles on Common Areas of the Association shall be obligated to operate such vehicles at speeds no higher than the posted speed limits. The Board of Directors shall have the power to impose fines upon vehicle operators observed violating the posted speed limits. All persons that exceed the posted speed limit will be given a written warning to abide by the limit, which warning shall set forth the deadline to cure the violation, notice that failure to cure the violation will result in the imposition of a fine, and notice of the right to submit a written request for a hearing with the Board within thirty (30) days. Persons who continue to exceed the speed limit shall be subject to the following escalating schedule of penalties, for violations incurred within six (6) months of a written warning:

a. Second occurrence $25.00 fine, and
b. Thll:d Occurrence $50.00 fine, and
c. Fourth occurrence $100.00 fine.
d. Any guest of a Member of the Association who fails to pay any fine levied by the Board shall be denied entry by vehicle in the subdivision.

Notification. There are two ways in which a violator will be notified in writing from our Property Manager:

a. The Property Manager during their property inspections, and

b. A letter from two (2) Oak Crest residents, for each occurrence, with a
total of at least two signatures. This letter must include the type of
violation, address of the violator, and date & time the violation
occurred. For speeding violations the letter must also include the type
of vehicle and license number.

ACC REQUEST FORM

THE FOLLOWING ACC REQUEST FORM IS PROVIDED FOR YOU AND CAN BE COPIED AND PASTED TO A MICROSOFT WORD DOCUMENT. PRIOR TO PASTING, MAKE ALL MARGINS .05 INCHES.

----------------

S.A. OAK CREST HOMEOWNERS ASSOCIATION, INC.
IMPROVEMENT REQUEST FORM

In accordance with the recorded covenants, conditions and restrictions of the Association, and in order to protect each individual by owner’s rights and values, it is required that any lot owner who is considering improvement of his deeded property to include, but not limited to patio covers, decks, outside buildings, fencing, building add-ons, etc., submit the following to the Architectural Control Committee prior to initiating work on the planned improvements.

1. Completed Improvement Request Form
2. Complete and detailed building plans and specifications
3. A site plan showing the location of the proposed improvement

If any change is made without approval, the Committee has the right to tell the homeowner to remove the improvement from his property. Any homeowner considering any exterior improvement to his property is urged to review the recorded deed restrictions prior to initial request.

Owner Name: ____________________________________________

Address: _______________________________________________

Home Phone: ______________________ Work Phone: ___________________________

Briefly describe the improvement which you propose: _______________________________________

______________________________________________________________________________

Who will do the actual work on this improvement? _________________________________________
______________________________________________________________________________

Location of improvement (check actual areas that apply):
_____ Front of dwelling _____ Back of Dwelling _____ Side of Dwelling
_____ Roof of Dwelling _____ Garage _____ Patio
_____ Other (describe) ______________________________________________________

Material to be used for the improvement (check applicable items):
_____ Brick - Color __________________ _____ Cement _____ Stucco
_____ Wood - Color _________________
_____ Stain - Color __________________ _____ Electric _____ Glass
_____ Paint - Color __________________
_____ Siding - Wood ________________ Aluminum ______________

I understand that the Architectural Control Committee will act on this request within thirty (3) days of receipt and contact me in writing regarding their decision. I agree not to begin property improvement without written approval from the Architectural Control Committee. I understand that all construction will meet with City codes and that the Architectural Control Committee approvals do not override the City codes but rather, are intended to work with them.

_______________________________
Homeowner Signature/Date

_______________________________ Date: ______________________
Construction Start Date/Completion Date
Received by: ________________
RETURN COMPLETED FORM TO:
S. A. Oak Crest Homeowners Association, Inc. Forwarded to ACC:____________
Architectural Control Committee
1600 N.E. Loop 410, Suite #202 Approved by ACC: ____________
San Antonio, Texas 78209
Denied by ACC: ______________


The following documents/information must be included for you improvement to be considered:

__ Complete Improvement Request Form

__ Complete and detailed building plans and specifications

__ Copy of survey site plan (should have been provided with closing papers)

__ Location of improvement on copy of site plan

Attachments _______________________________________________________________________

Type of improvement(s)

Antennae ________________ Play Structure ______________

Basketball goal/permanent ________________ Pool - above ground ______________

Deck ________________ Room Addition ______________

Fencing ________________ Spa/Hot tub ______________

Patio ________________ Storage Building ______________

Patio Cover ________________ Landscaping ______________

Recommendations:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Approved:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Disapproved for the following reasons:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
________________________________ ________________________________
ACC Committee Chairman Date