Ventura Homeowners' Association

DECLARATION OF RESTRICTIONS

DECLARATION OF RESTRICTIONS
VENTURA HOMEOWNERS' ASSOCIATION

This is a general overview of the Declaration of Restrictions: it is intended to be used as a reference only, and does not supersede the "Modification and Substitution of Declaration of Restrictions" of the Ventura Homeowners' Association executed on the 4th day of October, 1985, copies of which are in the Welcome Packet you receive when you purchase your home, or which are available in the VHA office.

ARTICLE 1. LAND USE AND BUILDING TYPE.
All lots shall be used for single-family residential dwellings, no more than two (2) stories of living area in height. A garage apartment or servant's quarters may not be used for rental purposes; they may be used only by servants employed in the dwelling, or by family members or temporary guests of the family occupying the dwelling. Every residence shall have an enclosed garage. No garage constructed as part of the original construction of the home may be converted to living quarters unless and until a replacement garage of equivalent size is constructed.

ARTICLE 2. ARCHITECTURAL CONTROL.
No building or exterior improvement shall be erected, placed, added to, or altered on any lot without first obtaining approval from the Associations' Architectural Control Committee. Plans shall be submitted prior to the start of any work. The Association must approve or disapprove such plans within 30 days, or the request will be automatically approved. Construction must be completed within ninety (90) days of approval, or the approval will be void.

ARTICLE 3. DWELLING SIZE AND MATERIALS.
Any dwelling on any lot must be a minimum of 700 square feet of living space; if the dwelling is more than a single-story, it must contain at least 500 square feet of ground-floor living area, not including porches, screened porches, terraces, driveways, garage, servant's quarters or other accessory building or structure.

ARTICLE 4. LOCATION OF BUILDING ON LOTS.
No part of any building shall be located nearer to the street than the building set-back line shown on the recorded plat. No part of any building shall be located within five (5) feet of any interior boundary line, except that an approved accessory building or structure, all of which is situated at least sixty five (65) feet from the front boundary line may be placed not less than three (3) feet from any interior lot boundary line; provided that no portion of any building may encroach upon another lot. Residential dwellings shall face the front of the lot. No building or improvement shall encroach on any easement provided in the plat. All private driveways shall be constructed of concrete.

ARTICLE 5. RE-SUBDIVISION OF CONSOLIDATING OF LOTS.
Lots may be subdivided or consolidated into building sites, with the privilege of erecting, placing, adding to or altering improvements on each resulting building site, subject to Restrictions. In cases where any of the residential lots are subdivided or consolidated, the Association shall have the right and authority to equitably redistribute the maintenance charge which is applicable to the lot or lots, subject to the mandatory requirement that each resulting building site with a residence on it shall be subject to at least one (1) full-lot maintenance charge.

ARTICLE 6. UTILITY AND DRAINAGE EASEMENTS.
All easements for utilities and drainage shall be kept clear of improvements or structures of any kind, and no trees, shrubs, or other obstructions may be placed upon such easements. Neither the Developer, the Association, nor any utility company or drainage authority using these easements shall be liable for any damage done to shrubbery, trees, flowers, or other property which is located within the area covered by easements.

ARTICLE 7. PROHIBITED STRUCTURES.
Mobile homes are prohibited on any lot, whether or not they are attached. No portable building, tent, shed, barn or other portable structure shall be placed on any lot without approval from the Association.

ARTICLE 8. PROHIBITED ACTIVITIES.
Except as provided elsewhere in these covenants, no business or service activity of any kind shall be conducted on or from any lot, whether such activity is for profit or otherwise.
No noxious or offensive activity of any kind which may constitute or become an annoyance or nuisance to the subdivision shall be permitted on any lot, nor shall any illegal activity be permitted on any lot.

ARTICLE 9. MINING AND MINERAL OPERATIONS.
No oil, gas or water wells, or drilling or development operations of refining, quarrying or mining operations of any kind will be permitted on any lot. These provisions do not in any way impair, diminish or restrict the rights of the owners to lease any mineral estate which they may have or acquire for production through pooling, unitization or directional drilling methods, provided that no use is made of the surface of any lot in connection therewith.

ARTICLE 10. GARBAGE AND OTHER WASTE.
No lot will be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and such substances will not be kept upon any lot, except for normal household waste, which may be kept temporarily for purposes of collection. All waste substances will be kept in closed sanitary containers with tops or lids or in plastic bags with the tops tied. All waste containers will be hidden from general view except on trash collection days.

ARTICLE 11. ANIMALS.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that no more than two dogs, two cats, and/or tow other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes.

ARTICLE 12. EASEMENTS.
There is a five foot easement at the rear of each lot. No structure, planting or other material will be placed or permitted to remain on these easements which may damage or interfere with the installation and maintenance of utilities, or which may change the flow of drainage channels in the easements. The easement area will be maintained by the owner of the lot.

ARTICLE 13. FENCES, WALLS, AND HEDGES.
The owner of each lot is responsible to maintain, repair and replace wood fences along lot boundaries. No other fence, gas meter or other structure, hedge, or other mass planting shall be placed on any lot between the boundary of any street and the set-back line, unless first approved by the Association.
All fences and walls must be between four (4) and six (6) feet in height, unless otherwise approved by the Association, and the surface of any such fence or wall which faces any street, alley, or driveway will be faced with wood, brick, or stone.

ARTICLE 14. TRAFFIC SIGHT BARRIERS.
No shrub, tree, object or thing which obstructs sight lines between two (2) and six (6) feet above the roadway shall be placed on any corner lot within the triangular area twenty-five (25) feet from the corner along the curbs, and the line intersecting if extended. No such obstruction will be placed on any lot within the triangular area ten (10) feet from the street property line, and the edge line of a driveway or alley, and a line intersecting if extended.

ARTICLE 15. CUTTING WEEDS OR GRASS AND REMOVAL OF TRASH.
The owners and occupants of each lot shall keep all weeds or grass cut or trimmed in a reasonable neat manner, and shall permit no accumulation of garbage, trash, rubbish or other waste of any kind to remain on the lot. Adequate ground cover will be maintained to protect against soil erosion. No lot shall be used for storage of material and equipment except for normal residential requirements.

ARTICLE 16. SIGNS OR BILLBOARDS.
The owner of a lot may display one sign from time to time for purposes of selling or renting the property. Signs must be rectangular in shape, and no more than five (5) square feet in area. No other sign, advertisement, billboard or advertising structure of any kind may be erected or displayed without first obtaining consent from the Association. The Association has the right to remove any unpermitted sign, advertisement, billboard, or structure without consent, and is not subject to any liability for trespass or other tort in connection with such removal.

ARTICLE 17. MISCELLANEOUS VEHICLES AND EQUIPMENT.
No automobile, truck, camper, motor home, mobile home, boat or other vehicle, trailer, machinery or equipment of any kind will ever be parked on any lot or street right-of-way, except for temporary parking, or as otherwise approved by the Association, nor shall such object be left parked or stored on lot, street, easement, or common area unless parked or stored in garage. There will be no parking or storage of the above-mentioned objects on any unpaved portion of any lot.
Motorcycles, motorbikes, motor scooters, motorized bicycles, or other motorized vehicles will not be operated on any lot, or to or from any lot over the streets of the subdivision unless it is equipped with a muffler, and such vehicles must not be kept or operated in such a way as to be a nuisance or danger.

ARTICLE 18. MAINTENANCE OF RESIDENTIAL LOT.
All dwellings and structures must be kept in a reasonable good state of painting and repair, and must be maintained at the cost of the owner. If the owner is in default in observing the requirements set out in Articles 1 through 17 above, or any of them, and continues to remain in default after ten (10) day's written notice from the Association, the Association may enter the lot through agents without liability to the owner or occupancy in trespass or otherwise, and may do any work or other thing necessary to bring the lot into compliance with these restrictions. The Association may charge the owner or occupancy of the lot for the cost of any such work or thing. In the event that these costs are not reimbursed immediately, any costs incurred with collection may be added to the annual maintenance charge, and be collected in the same manner as the regular annual maintenance charge.

ARTICLE 19. MAINTENANCE ASSOCIATION AND MAINTENANCE CHARGE.
Each residential lot is subject to an annual maintenance charge for the purpose of creating a subdivision maintenance and improvement fund.
The maintenance charge is assessed annually against each lot as of January 1st of each year. A statement will be mailed or delivered to each lot owner as soon as practicable after each assessment date. The amount shall be paid by the owner by statement date. Any maintenance charge assessed and not paid when due will bear interest from the date due until paid at the rate of ten percent (10%) per annum. In the event of non-payment, the Association may place an Affidavit of Non-Payment on file at the courthouse, and pursue legal action.

**For more information on the maximum annual maintenance charge on each lot, please refer to the un-edited "MODIFICATION AND SUBSTITUTION OF DECLARATION OF RESTRICTIONS", which is available in your Welcome Packet, or in the VHA office.
For the calendar year 1999, the annual maintenance charge is $220.00.

ARTICLE 20. NON-MEMBER PRIVILEGE.
Residents of Unit IV, which is not annexed into membership of the Ventura Maintenance Association may, with the approval of the Board of Directors share in the use of common areas upon payment to the Association of seventy five percent (75%) of the annual assessment. Payment must be made in full to the Association, and is not to be pro-rated.

ARTICLE 21. RIGHTS OF MORTGAGEES.
The lien created to secure payment of maintenance charges is subordinate to and shall not affect enforcement of any vendor's lien or deed of trust against any lot. However, each lot remains subject to the maintenance charge, and the Association has rights of foreclosure in the event of non-payment of assessment charges.

ARTICLE 22. TERM OF RESTRICTIONS.
These restrictions are binding upon the Association and all present and future owners of the residential lots until December 31, 2025. This term will be extended automatically upon expiration for successive periods of ten (10) years each, unless an instrument of revokation is recorded in the Official Public Records of Real Property of Bexar County, Texas, at least six (6) months prior to the expiration of such period. The instrument must be executed by at least three-fourths (3/4) of the membership of the Association.

ARTICLE 23. ENFORCEMENT OF RESTRICTIONS.
The Board of Directors of the Association, or the owners of any lot have the right to file suit for damages or injunction to compel compliance with the provisions of these restrictions. The Board of Directors has the right to bring an action at law to foreclose on any lot, if the owner fails to cure any default within thirty (30) days after notice from the Association.

ARTICLE 24. ASSIGNMENT BY DEVELOPER AND MAINTENANCE ASSOCIATION.
When all lots covered by these restrictions have been sold, the developer will assign to the Association any and all rights.

ARTICLE 25. FHA/VA APPROVAL.
**This article calls for approval from the FHA/VA for amendments and annexation in the event that there is any Class B membership in the Association. There is no Class B membership at this time.

ARTICLE 26. AMENDMENT OF RESTRICTIONS.
These restrictions may be amended at any time by recorded instrument with at least three-fourths (3/4) of the membership's signatures.

ARTICLE 27. JOINDER OF LIENHOLDER.
The Developer agrees that future amendments of these Restrictions may be effected without its consent.
The original drainage design and construction for drainage on each lot will be maintained by owner. Drainage design and construction will not be altered without prior approval by the Association; also during the first ten years of existence of each lot, the Association will not give approval for alteration of the drainage design or construction of any lot without written approval from the developer. No landscape plan or design which would alter the drainage of any individual lot to cause that lot to hold water or increase the flow of water to another lot may be approved.

The original "MODIFICATION AND SUBSTITUTION OF DECLARATION OF RESTRICTIONS" for the Ventura Maintenance Association was executed on the 4th day of October, 1985.

"OWNER AND DEVELOPER"
RAY ELLISON HOMES, INC.