ByLaws & Restrictions

Click to download copies of the ByLaws and the Restrictions

 
BYLAWS
OF
SADDLETREE RANCH PROPERTY OWNERS' ASSOCIATION, INC. A NON-PROFIT CORPORATION
 
ARTICLE I

NAME AND PRINCIPAL OFFICE
1.01 NAME 
The name of the Association is SADDLETREE RANCH PROPERTY OWNERS' ASSOCIATION, INC. (hereafter referred to as "Association").
 
1.02 Principal Office 
The principal office of the Association shall be the address of the President. 
 
ARTICLE II
 
PURPOSE AND PARTIES
2.01 Purpose 
The purpose for which the Association is formed is to administer the common affairs of the property owners in Saddletree Ranch subdivision (hereafter referred to as "Saddletree Ranch"), situated in the Counties of Hays and Travis, State of Texas, as described in these Bylaws.
 
2.02 Parties 
All present or future owners, tenants, or any other person who might use in any manner the facilities of the Association are subject to the provisions and any regulations set forth in these Bylaws. The mere acquisition, lease or rental of any Lot or the mere act of occupancy of a Lot will signify that these Bylaws are accepted, approved, ratified, and will be complied with.
 
ARTICLE III
DEFINITIONS
3.01 Articles 
Articles shall mean and refer to the Articles of Incorporation of the Saddletree Ranch Property Owners' Association.
 
3.02 Association 
Association shall mean and refer to Saddletree Ranch Property Owners' Association, Inc., a corporation under the Texas Non-Profit Corporation Act, its successors and assigns.
 
3.03 Common Areas 
Common Areas shall include those Lots and parts of Lots that have been given, purchased, or otherwise acquired by the Association for the use and enjoyment of all members. .
 
3.04 Cumulative Voting 
Cumulative Voting shall mean, at each election for directors, a Member in Good Standing may cumulate his/her votes and give one candidate a number of votes equal to the number of directors to be elected multiplied by the number of votes to which the Member in Good Standing is entitled, or he/she may distribute his/her votes on the same principle among as many candidates as he/she desires.
 
3.05 Lots or Lot 
Lots refers collectively to the lots comprising Saddletree Ranch. Lot refers to one lot in the singular.
 
3.06 Management Documents 
The Management Documents include the Restrictive Covenants, the Articles of Incorporation, and these Bylaws.
 
3.07 Member or Members 
Member or members shall mean and refer to any person or entity who is an owner, and therefore a member of the Association. Membership shall be appurtenant to and shall run with the property interest which qualifies the Owner thereof for membership, and membership may not be severed from or in any way transferred, pledged, mortgaged, or alienated except together with the title to the property interest. Membership shall terminate without any formal Association action whenever such person or entity ceases to be an owner, but such termination shall not relieve or release any such former Owner from any liability or obligation incurred under or in any way connected with the Association during the period of such ownership and membership in the Association, or impair any rights or remedies which the Board of Directors of the Association or others may have against such former owner and Member arising out of or in any way connected with such ownership and membership and the covenants and obligations incident thereto.
 
3.08 Member in Good Standing 
A Member shall be deemed to be in good standing and entitled to vote or be elected to the Board at any annual or special meeting of Members, within the meaning of these Bylaws, if and only if the Member has fully paid all Assessments and Dues made or levied against him. No diminution or abatement of assessments shall be allowed or claimed for inconvenience or discomfort arising from the making of repairs or improvements to the Common Areas or from any action taken to comply with any law, ordinance or order of a governmental authority.
 
3.09 Owner or Owners 
Owner shall mean and refer to the record owner, whether one or more persons or entities, of any fee simple interest in of any Lot or Lots in Saddletree Ranch, but excluding the beneficiary of any mortgage.
 
3.10 Restrictive Covenants 
The Restrictive Covenants are collectively described as the Declaration of Easements, Covenants and Restrictions for Saddletree Ranch which are recorded in Volume 452, Page 681: Volume 458, Page 447: Volume 488, Page 1: and Volume 519, Page 436 of the Real Property Records of Hays County, Texas, and Volume 09152, Page 0457 of the Real Property Records of Travis County, Texas, and any addition to or modification or amendment of same.
 
3.11 Saddletree Ranch 
Saddletree Ranch is collectively described as follows:
All of the lots of SADDLETREE RANCH, SECTION I, a subdivision of record in Plat Book 3 Pages 105-106, Plat Records of Hays County: and
All of the lots of SADDLETREE RANCH, SECTION I-A, a subdivision of record in Plat Book 3, Page 125, Plat Records of Hays County, Texas: and
All of the lots of SADDLETREE RANCH, SECTION II, a subdivision of record in Plat Book 3, Pages 153-160, Plat Records of Hays County, Texas: and
All of the lots of SADDLETREE RANCH, SECTION III, a subdivision of record in Plat Book 3, Pages 299-306, Plat Records of Hays County, Texas and in Plat Book 85, Pages 142A-D and 143A-D, Plat Records of Travis County, Texas.
 
ARTICLE IV
    
MEETINGS OF MEMBERS AND VOTING
4.01 Annual Meeting 
The first annual meeting of the Members shall be called by the initial Board of Directors as identified in the Articles. Subsequent regular annual meetings of the Members shall be held on the second Thursday of the same month of each year thereafter, at the hour of 7:00 o'clock p.m., for the purpose of electing those Directors whose terms of office have expired and for the transaction of other business as may come before the meeting.
 
4.02 Special Meetings of the Membership 
Special meetings of the Members may be called at any time by the President or by a majority of a quorum of the Board of Directors or upon receipt by the Board of a written request for a special meeting signed by at least twenty-five percent (25%) of the total votes of Members in Good Standing.
 
4.03 Notice and Place of Meetings 
Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least ten (10) days but not more than thirty (30) days before such meeting to each Member, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.
 
4.04 Membership Voting 
The Members shall be the Owners who shall be entitled to the number of votes for each whole acre owned as detailed in the Restrictive Covenants and any amendments thereto. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine. Only Members in Good Standing shall be entitled to exercise the right to vote.
 
4.05 Quorum 
The presence either in person or by proxy at any meeting of Members entitled to cast at least twenty-five percent (25%) of the total votes of Members in Good Standing shall constitute a quorum for any action except as otherwise provided in the Articles or these Bylaws. The Members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum. The quorum requirement shall be waived for the initial annual meeting.
 
4.06 Adjourned Meetings 
If a quorum shall not be present or represented at any meeting a majority of the Members entitled to vote there at may, unless otherwise provided by law, adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the meeting date, at which meeting the quorum requirements shall be waived. If a time and place for the adjourned meeting is not fixed by those in attendance at the original meeting, or if for any reason a new date is fixed for the adjourned meeting after adjournment, notice of the time and place of the adjourned meeting shall be given to the Members as set forth for regular meetings.
 
4.07 Proxies 
At all meetings of Members, each Member in Good Standing may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary before the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his/her Lot. No proxy shall be valid after the expiration of eleven (11) months from the date thereof.
 
ARTICLE V
      
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
5.01 Number 
The affairs of the Association shall be managed by a Board of seven directors, who must be Members in Good Standing of the Association.
 
5.02 Term of Office 
At the first meeting of the Association, the Members shall elect two directors for terms of one (1) year, three directors for terms of two (2) years, and two directors for terms of three (3) years. At each annual meeting thereafter, the Members shall elect directors for terms of three (3) years to replace those whose terms have expired.
 
5.03 Removal of Directors 
At any regular or special meeting of the Membership duly called, any one or more of the directors may be removed with or without cause by a majority of the quorum present, and a successor may then and there be elected to fill the vacancy thus created. If the vacancy is not then and there filled, it may be filled at any regular or special meeting called for the purpose, but in any event, such vacancy shall be filled at the next annual meeting of the Association. Any director whose removal has been proposed by the Members shall be given an opportunity to be heard at the meeting.
 
5.04 Vacancies by Death or Resignation 
In the event of the death or resignation of a director, a successor director shall be selected by a majority of the remaining directors and shall serve for the unexpired term of such director. A director whose membership in the Association ceases because of the sale or other conveyance of his/her Lot shall be considered to have resigned.
 
5.05 Indemnification of Officers and Directors 
The Association shall indemnify any person who was or is a party, or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that he/she is or was a director, officer, committee member, employee, servant or agent of the Association against expenses (including attorney's fees, judgments, fines, and amounts paid in settlement) actually and reasonable incurred by him/her in connection with such action, suit or proceeding if it is found and determined by the Board or a Court that he/she:
 
(a)  Acted in good faith and in a manner he/she reasonably believed to be in, or not opposed to, the best interests of the Association: or
 
(b)  With respect, to any criminal action or proceeding, had no reasonable cause to believe his/her conduct was unlawful.
 
The termination of any action, suit or proceeding by settlement, or upon a plea of Nolo Contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith or in a manner which he/she reasonably believed to be in, or not opposed to, the best interest of the Association, or, with respect to any criminal action or proceeding, had reasonable cause to believe that his/her conduct was unlawful. The Association shall not be obligated to indemnify any Member, who is or is not a director, officer, committee member, or non-compensated agent of the Association, with respect to obligations assumed or liabilities incurred by him/her by virtue of the Restrictive Covenants as a Member of the Association or Owner of a Lot covered thereby. All liability, loss, damage, costs and expense incurred or suffered by the Association by reason or arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Association as common expenses. Expenses in connection with the preparation and presentation of a defense to any claim, action, suit or proceeding of the character described in this section of the Bylaws may be advanced by the association prior to final disposition thereof upon receipt of an undertaking by or on behalf of the person who may be entitled to indemnification, secured by a surety bond or other suitable insurance issued by a company authorized to conduct such business in the State of Texas, to repay such amount if it is ultimately determined that he/she is not entitled to indemnification under this section of the Bylaws. The rights of indemnification herein provided may be insured against by policies maintained by the Association; shall be severable; shall not affect any other rights to which any director, officer, committee member, employee, servant or agent may now or hereafter be entitled; shall continue as to a person who has ceased to be such director, officer, committee member, or agent; and shall inure to the benefit of the heirs, executors and administrators of such a person.
 
5.06 No Compensation 
No director shall receive compensation for any service that director may render to the Association. However, any director may be reimbursed for actual expenses incurred in the performance of the director's duties.
 
ARTICLE VI
 
NOMINATION AND ELECTION OF DIRECTORS
6.01 Nomination 
Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating committee shall consist of a Chairman, who shall be a director, and two or more Members in Good Standing of the Association. The Nominating Committee shall be appointed by the Board not less than thirty (30) days prior to each annual meeting of the Members, to serve until the close of such annual meeting. The Nominating Committee shall make as many nominations for election to the Board as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations must be made from among Members in Good Standing.
 
6.02 Election 
The first election of the Board shall be conducted at the first meeting of the Association. All positions on the Board shall be filled at that election. Cumulative voting in the election of directors shall be used for all elections, subject only to the procedural prerequisites for cumulative voting.
 
ARTICLE VII
 
MEETINGS OF DIRECTORS
7.01 Regular Meetings 
Regular meetings of the Board shall be held at such time and at such place, and at such hour as may be fixed from time to time by resolution of the Board. Notice of the time and place of each meeting shall be delivered to each Member in Good Standing either personally, or by telephone, or be mailed and postmarked, and be posted at a visible place at or near the community mail boxes or on a community bulletin board, fourteen (14) days prior to the meeting. However, a notice of a meeting need not be given to Members who have issued a waiver of notice.
 
7.02 Special/Emergency Meetings 
Special meetings of the Board shall be held when called by written notice signed by the President of the Association, or by any two directors other than the President. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. The notice shall be sent to all Members in Good Standing not less than seven (7) days prior to the scheduled time of the meeting, provided that notice of the meeting need not be given to any Member who has signed a waiver of notice.
 
Emergency meetings may be called by the President with twenty- four (24) hours notice by posting such notice in a visible place at or near the community mail boxes or on a community bulletin board, etc. Furthermore, written notice shall be mailed to each Member in Good Standing within twenty-four (24) hours of such meeting stating the purpose of the meeting, the reason for the emergency, and the business transacted.
 
7.03 Quorum 
A majority of the directors shall constitute a quorum for the transaction of business. Every act performed or decision made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
 
7.04 Conduct of Meetings 
At all meetings of the Board of Directors, the President, or in his/her absence, the Vice President, or in his/her absence, a chair chosen by a majority of the directors present, shall preside. The Secretary of the Association shall act as Secretary of the Board of Directors. In case the Secretary shall be absent from any meeting, the chair may appoint any person to act as Secretary of the meeting.
 
7.05 Meetings 
All meetings of the Board shall be open to all Members, but Members other than directors may not participate in any discussion or deliberation unless expressly so authorized by a majority of a quorum of the Board. There shall be an agenda item at each meeting for input from the Members in Good Standing.
 
7.06 Executive Session 
The Board may, with approval of a majority of a quorum, adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Association is or may become involved, disciplinary matters, and orders of business of a similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session.
 
ARTICLE VIII
 
POWERS AND DUTIES OF THE BOARD
8.01 Duties 
The duties of the Board shall normally include, but not be limited to the following:
 
(a) Maintenance 
Keep in good order, condition and repair all of the Common Areas and all items, if any, of personal property used in the enjoyment of the Common Areas and to designate and employ the personnel necessary for the maintenance and operation of the Common Areas;
 
(b) Insurance 
Insure and keep insured the improvements, if any, located in the Common Areas in an amount equal to their maximum replacement value, and to obtain and maintain comprehensive liability insurance covering the entire premises. The limits and coverage shall be reviewed at intervals of not less than three (3) years and adjusted, if necessary, to provide such coverage and protection as the Board of Directors may deem prudent;
 
(c) Assessments 
Determine the budgetary requirements of the Association and, based upon that determination:
i. Fix the amount of the annual assessment against each whole acre owned at least thirty (30) days in advance of each annual assessment period:
ii. Send written notice of each assessment to every Member subject thereto at least thirty (30) days in advance of each annual assessment period;
iii. Suspend a Member's voting rights and right to use the Common Areas and facilities thereon for any period during which any assessment owed by the Member remains unpaid more than sixty (60) days after it is due: and
iv. File an affidavit of lien within ten (10) working days against any property for which assessments are not paid within ninety (90) days after their due date or bring an action at law against the Member personally obligated to pay the same:
 
(d) Expenses and Obligations 
Pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes, or governmental charges levied or imposed against the property of the Association:
 
(e) Discharge of Liens Discharge by payment, if necessary, any lien against any property of the Association and assess the cost thereof to the Member or Members responsible for the existence of such lien;
 
(f) Committees Appoint an Architectural Control Committee, as provided in the Restrictive Covenants, a Nominating Committee, as provided in these Bylaws, and other committees as deemed appropriate in carrying out its purposes.
 
(g) Records Keep and maintain full and accurate books and records including minutes of all meetings and financial records which show all receipts, expenses or disbursements: to permit examination thereof at any reasonable time by any Member: and to prepare and deliver annually to each Member a financial statement summarizing all receipts, expenses or disbursements since the last statement;
 
8.02 Powers The powers of the Board shall normally include, but not be limited to the following:
 
(a) Enforcement 
Administer and enforce the Restrictive Covenants, conditions, restrictions, uses, limitations, obligations, and all other provisions as set forth in the Restrictive Covenants, these Bylaws, by lawsuit or otherwise:
 
(b) Disciplinary Action 
Initiate and execute disciplinary proceedings against Members for violation of provisions of the management documents. Penalties may include, but are not limited to: fines, temporary suspension of voting rights, or other appropriate discipline for failure to comply with the governing instruments, provided that the accused Member is given fifteen (15) days written notice of the action to be taken, stating the reasons therefor, and a timely opportunity to be heard by the Board with respect to the alleged violations before a decision to impose discipline is reached:
 
(c) Assessments, Disciplinary Action 
Levy and collect assessments, impose fines or liens, or take disciplinary action against any Member for failure to pay assessments:
 
(d) Adoption of Rules 
Adopt and publish rules and regulations governing the use of the Common Areas and the personal conduct of the members and their guests thereon, and establish penalties for the infraction thereof:
 
(e) Manager 
Manage the affairs of the Association including, if necessary, the employment of a manager or an independent contractor or such other employees as it deems necessary and the determination of their duties;
 
(f) Contracts 
Contract for goods and/or services for the facilities and for the Association, subject to the limitations set forth in Section 8.03 of these Bylaws:
 
(g) Delegation 
Delegate its authority and powers to committees, officers or employees of the Association;
 
(h) Budgets 
Prepare budgets and financial statements for the Association as provided in these Bylaws;
 
(i) Bank Accounts 
Establish one or more bank accounts, savings accounts or other investment accounts for, the common treasury and for all separate funds which are required or may be deemed advisable by the Board of Directors. Two (2) signatures shall be required on all checks written in excess of $100.
 
(j) Elect of Officers 
Elect the officers of the Association, as provided in these Bylaws:
 
(k) Absence of Director 
Declare the office of a director to be vacant in the event such director shall be absent from three (3) consecutive regular meetings of the Board of Directors:
 
(l) Vacancy on the Board 
Fill vacancies on the Board except for vacancies created by the removal of a director.
 
8.03 Action Requiring Consent The Board may take the following actions only upon obtaining the consent of Members as follows:
 
(a) Action Requiring 25% Approval 
The vote or written consent of twenty-five percent (25%) of the total votes of the Members in Good Standing shall be necessary to do the following:
i. To enter into a contract with a third person wherein the third person will furnish goods or services for the Association for a term longer than one year with the following exceptions:
A contract with a public utility company if the rates charged for the materials or services are regulated by the relevant state utilities commission: provided,
however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate;
Prepaid casualty and/or liability insurance policies of not to exceed three years duration; provided that the policy permits short rate cancellation by the insured.
ii. Incurring aggregate expenditures for capital improvements in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year:
iii. Selling during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year;
iv. Paying compensation to the directors or to the officers of the Association for services performed in the conduct of the Association's business; provided, however, that the Board may reimburse and officer or director for actual expenses incurred in carrying on the
business of the Association.
v. Filling a vacancy on the Board created by the removal of a director.
 
(b) Action Requiring 51% Approval 
The vote or written consent of fifty-one percent (51%) of the total votes of the Members in Good Standing shall be necessary to do the following:
i. Borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred:
ii. Dedicate, sell or transfer all of ar any part of any interest it may have in any real property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members:
iii. Participate in mergers and consolidations with other non-profit corporations organized for the same purpose or annex additional property.
 
(c) Action Requiring 100% Approval 
So long as there is any area or Lot for which the association is obligated to provide management, maintenance, preservation or control for the Association, the vote or written consent of one hundred percent (100%) of the Members in Good Standing shall be required to do the following:
i. Transfer all or substantially all of its assets: or ii. File a certificate of dissolution.
 
ARTICLE IX
 
OFFICERS AND THEIR DUTIES
9.01 Enumeration of Officers 
The officers of the Association shall be as follows:
(a) A President, who shall at all times be a director:
(b) A Vice President, who shall at all times be a director;
(c) A Secretary, who shall at all times be a director:
(d) A Treasurer, who shall at all times be a director: and
(e) Such other officers as the Board may from time to time by resolution create, who may or may not be a director.
 
9.02 Election of Officers 
The election of officers shall take place at the first meeting of the Board following each annual meeting of the Members.
 
Term 
The officers of the Association shall be elected annually by the Board and each shall hold office for one year unless such officer shall sooner resign, or shall be removed, or otherwise be disqualified to serve.
 
Special Appointments 
The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, having such authority, and performing such duties as the Board may, from time to time determine.
 
Resignation and Removal 
Any officer may be removed from office by a majority vote of the directors with or without cause. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
 
Vacancies 
A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the replaced officer.
 
Multiple Offices 
No person shall simultaneously hold more than one office except in the Case of special offices created pursuant to the section on "Special Assignments" in this section of the Bylaws.
 
Duties 
The duties of the officers are as follows:
 
(a) President
The President shall be the chief executive officer of the Association. He/she shall:
i. Preside at all meetings of the Board of Directors and of the Association:
ii. Have the power to appoint committees from among the Members to assist in the conduct of the affairs of the Association:
iii. Have authority to sign, with the Secretary or an Assistant Secretary, any deeds, mortgages, bonds, contracts, leases, employment agreements, or other instruments which the Board of Directors has authorized him/her to execute, except in cases where the signing and execution thereof has been expressly delegated by the Board of Directors to some other officer or agent of the Association, or is required by law to be otherwise signed or executed:
iv. Be designated as one of the officers authorized to co-sign all checks and promissory notes;
v. Have all of the general powers and duties which are usually vested in the office of president of an Association.
 
(b) Vice President 
The Vice President shall:
i. Have the power and authority to perform all the functions and duties of the President, in the event of the President's absence or his/her inability or refusal for any reason to exercise such powers and functions or to perform such duties:
ii. Be designated as one of the officers authorized to co-sign all checks and promissory notes;
iii. Perform any duties he/she is directed to perform by the President or the Board of Directors.
 
(c) Secretary 
The Secretary shall:
i. Keep all the minutes of all meetings of the Board of Directors and the minutes of all meetings of the association in books provided for that purpose;
ii. Compile and keep up to date a complete list of Members and their last known addresses as shown on the records of the Association. Such list shall also identify opposite each Member's name the property interest in Saddletree Ranch owned by such Member, including the number of acres owned:
iii. See that all notices are duly sent in accordance with the provisions of these Bylaws or as required by law:
iv. Be custodian of the Board's and Association's records:
v. In general, perform all the duties incident to the office of Secretary as say be assigned to him/her by the President or by the Board of Directors.
 
(d) Treasurer 
The Treasurer shall:
i. Have responsibility for Association funds and be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association:
ii. Receive and deposit in appropriate bank accounts all monies of the Association and disburse such funds in the ordinary course of business, provided, however, that a resolution of the Board of Directors shall be required for any disbursements made for an amount in excess of $500:
iii. Maintain a current accurate record of the payment of dues and assessments by the Members and, prior to each meeting of the Members, furnish to the President and the Secretary a list of all members who have fully paid all assessments and dues made or levied against them. The Members included on such list shall constitute the Members in Good Standing.
iv. Be designated as one of the officers authorized to co-sign all checks and promissory notes of the Association:
v. Have the power to perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him/her by the President or Board of Directors.
 
ARTICLE X
 
FISCAL POLICIES
10.01 Fiscal Year 
The fiscal year of the Association shall begin on the first day of January and end on the thirty-first day of December of every year.
 
10.02 Financial Statements 
The following financial statements for the Association shall be prepared and distributed to each Member, regardless of the number of Members or the amount of assets of the Association.
 
(a) Budget A pro forma operating statement (budget) for each fiscal year shall be distributed to each Member not less that thirty (30) days before the beginning of the fiscal year.
 
(b) Annual Report An annual report consisting of the following shall be distributed to each Member within ninety (90) days after the close of the fiscal year:
i. A balance sheet as of the end of the fiscal year, which includes a schedule of assessments received and receivable, identified by the Lot numbers and the name or names of the Members assessed:
ii. An income and expense statement for the fiscal year:
iii. A statement of any changes in financial position for the fiscal year.
 
ARTICLE XI
 
BOOKS AND RECORDS
11.01 Inspection by Members 
The membership register, books of accounts, lists of Members in Good Standing, and minutes of meetings of the Members, of the Board and of committees shall be made available for inspection and copying by any Member of the Association, or by the Member's appointed representative, at any reasonable time and for a purpose reasonably related to the Members interest, at the office of the Association or at such other place as the Board shall prescribe.
 
11.02 Rules for Inspection 
The Board shall establish reasonable rules with respect to:
(a) Notice to be given to the custodian of the records by the Member desiring to make the inspection;
(b) Hours and days of the week when such an inspection may be made;
(c) Payment of the cost of reproducing copies of documents requested by a Member.
 
11.03 Inspection by Directors 
Every director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical property owned by the Association. The rights of inspection by a director include the right to make extra copies of documents.
 
ARTICLE XII
 
OBLIGATIONS OP THE MEMBERS
12.01 Assessments 
Each Member shall be obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may take legal action against the Member personally obligated to pay the same or file the affidavit of lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. Payment of assessments as they are due shall entitle the Member to the designation of Member in Good Standing with full voting rights in the Association and the right to use the Common Areas and facilities.
 
12.02 Damage to Common Areas 
Each Member and each lessee of any Member shall be liable to the Association for any damage to the Common Areas or property of the Association which may be sustained by reason of the negligent or intentional misconduct of such person or of his family or guests. If the Lot, the ownership or leasing of which entitles the Member or lessee thereof to use the Common areas or property of the Association, is owned or leased jointly or in common, the liability of all such joint or common Owners or lessees shall be joint and several. The amount of such damage may be assessed against such person's real and personal property on or within Saddletree Ranch, and may be collected as provided in these Bylaws for the collection of assessments.
 
12.03 General 
Each Member shall comply with the provisions of the Restrictive Covenants, the Articles, these Bylaws and the rules and amendments and supplements thereto. Each Member shall always endeavor to observe and promote the general welfare of and the purposes for which the Association was established.
 
ARTICLE XIII
 
AMENDMENTS
13.01 Amendment of Bylaws 
These Bylaws may be amended at a regular or special meeting of the Members by a vote (in person or by proxy) or written consent of sixty-six and two-thirds percent (66 2/3%) of the Members in Good Standing. Notwithstanding the above, the percentage of a quorum or of the total votes of the Association necessary to amend a specific clause or provision in the Bylaws shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause.
 
13.02 Interpretation 
In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Restrictive Covenants and these Bylaws, the Restrictive Covenants shall control.
 
CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting Secretary of the Saddletree Ranch Property Owners' Association, Inc., a Texas non-profit corporation, and,
THAT the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the eleventh day of June, 1990.
IN WITNESS THEREOF, I have hereunto subscribed my name this 20th day of June, 1990.
   
 

 
 
AMENDED, CONSOLIDATED AND RESTATED DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTIONS I, I-A, II AND III
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTIES OF HAYS AND TRAVIS
 
WHEREAS, SADDLETREE RANCHES, INC., a Texas corporation was the initial declarant (“Declarant”) and owner of all of that certain real property located in Travis County and Hays County, Texas, described as follows:
SADDLETREE RANCH, SECTION I, a subdivision of record in Plat Book 3, Pages 105-106, Plat Records of Hays County, Texas (“Section I”); SADDLETREE RANCH, SECTION I-A, a subdivision of record in Plat Book 3, Page 125, Plat Records of Hays County, Texas (“Section I-A”); SADDLETREE RANCH, SECTION II, a subdivision of record in Plat Book 3, Pages 153-160, Plat Records of Hays County, Texas (“Section II”); and SADDLETREE RANCH, SECTION III, a subdivision of record in Plat Book 3, Pages 299-306, Plat Records of Hays County, Texas and Plat Book 85, Pages 142 A-D and 143 A-D, Plat Records of Travis County, Texas (“Section III”); Section I, Section I-A, Section II and Section III are collectively hereinafter referred to as the “Property”. WHEREAS, Declarant filed of record the following restrictions, covenants and easements against the Property:
(i) DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTION I in Volume 452, Page 681, Real Property Records of Hays County, Texas (“Section I Restrictions”);
(ii) DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTION I-A in Volume 458, Page 447, Real Property Records of Hays County, Texas (“Section I-A Restrictions”);
(iii) DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTION II in Volume 468, Page 1, Real Property Records of Hays County, Texas (“Section II Restrictions”);
(iv) DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTION III in Volume 519, Page 436, Real Property Records of Hays County, Texas, and Volume 9152, Page 457, Real Property Records of Travis County, Texas (“Section III Restrictions”); and
(v) AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH, SECTIONS I, I-A, II, and III in Volume 976, Page 758, Official Public Records of Hays County, Texas (the “Amendment”); Section I Restrictions, Section I-A Restrictions, Section II Restrictions, Section III.
Restrictions and the Amendment are collectively hereinafter referred to as the “Original Restrictions”; and WHEREAS, Declarant has relinquished control of the Property to the owners of the lots within the Property; and the undersigned is the representative of the present owners of three- fourths (3/4ths) of the acreage within each Section of Saddletree Ranches and desires to amend, consolidate and restate the Original Restrictions pursuant to the provisions of the Original Restrictions in this AMENDED, CONSOLIDATED AND RESTATED DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS FOR SADDLETREE RANCH SECTIONS I, I-A, II AND III (the “Declaration”). NOW, THEREFORE, it is declared (i) that all of the Property shall be held, sold, conveyed, and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions, and restrictions regardless of whether or not the same are set out or referred to in said contract or deed. This Declaration, hereby amends, corrects and restates the Original Restrictions in their entirety. The Property shall hereinafter be referred to and known as “SADDLETREE RANCH”, which shall hereafter be subject to the following:
 
A. LAND USE
1. All Lots in SADDLETREE RANCH are restricted to use for single residential purposes only with the following exceptions: (i) Section I, Lot 1, located at the main entrance to Saddletree Ranch shall be used for Association purposes only; Section I-A, Lots 90 through 98, inclusive, located contiguous to County Road 166 (also known as Ranch Road 12) shall be used solely for single family residences or residential duplexes; and Section III, Lots 24 and 116, located contiguous to Hamilton Pool Road (also known as FM 3238), are all reserved for commercial use. On all other Lots in SADDLETREE RANCH (i) no commercial or business use or activity shall be permitted, whether or not for profit, (ii) no signs shall be placed on any part of a Lot indicating a commercial or non-residential use thereof, (iii) only one single family residence shall be permitted on a Lot, and (iv) no duplexes shall be built on any Lot.
 
2. No animals or fowl shall be permitted on any Lot other than those types of animals or fowl normally found on suburban property which are raised for personal family use and/or pleasure on a strictly non-commercial basis. Permitted types of animals shall include horses, chickens and household pets. No swine shall be permitted, nor shall any cattle feeding, fowl feeding or other feeding or commercial operations, expressly including commercial kennels, be permitted. Horses are limited to a maximum of two (2) per Lot; cattle are not permitted. Chickens (no guinea fowl or peafowl) shall be permitted, provided they are hens only and their number is limited to five (5) per Lot. Shelter for these animals shall be located in the rear one- third (1/3) of the Lot, not visible from the road, a minimum of fifty feet (50í) from the side Lot line, and neatly maintained. A maximum of two (2) dogs per Lot shall be permitted. Any and all animals, including household pets, require appropriate fencing to confine them to their Lot. All plans and specifications for such fencing shall first be approved by the Board. No animal shall be permitted until the fencing is completed.
 
3. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property or any Lot and no odors shall be permitted to arise there from so as to render the Property or any portion of it unsanitary, unsightly, offensive, or detrimental to any other property or to its occupants. Refuse, garbage, and trash shall be kept at all times in covered containers and such containers shall be kept within enclosed structures or appropriately screened from view. Neither the Property nor any part thereof shall be used or maintained as a dumping ground for rubbish. Owners shall keep the trees, shrubs and bushes on their respective Lots reasonably trimmed and remove all cuttings to prevent fire hazards. No incinerators or other equipment for the storage or disposal of such material shall be permitted. No junk, repair, or wrecking yard shall be located on the Property or any Lot. Material of any kind stored on any Lot shall be arranged in an orderly manner to the rear of the dwelling house and shall be properly covered.
 
4. No portion of any Lot shall be used in a manner that adversely affects adjoining Lot Owners or creates an annoyance or nuisance to other Owners. This shall include noise pollution such as barking dogs, loud music, or any animal or fowl that causes a nuisance.
 
5. No hunting shall be permitted on any Lot in this subdivision, and no discharging of any firearms or fireworks shall be permitted.
 
6. No mobile home, modular home, or other not-on-site manufactured home or structures of any kind shall be permitted on any Lot. A mobile home is a “mobile home” within the meaning of this restriction even if its wheels shall have been removed and the structure set on a permanent foundation or slab and even if connected to water and electrical lines.
 
7. No tents, campers or trailers shall be used on any Lot for residential purposes.
 
8. All Lots shall be kept in a clean and orderly condition at all times, and all trash, garbage, and other waste shall be kept in sanitary containers. Waste placed by the roadway for pickup shall be in garbage cans or similar containers.
 
9. If any Lot contains trees or other vegetation that are infected or diseased, such Owner will immediately notify the Board and use all reasonable efforts to remedy and control such disease so as to prevent it from spreading to other Lots.
 
10. No structures used for storage purposes shall be erected or placed upon any Lot which will be visible from any roadway, unless placed within the most rear one-fourth (1/4) of the parcel, that being such portion farthest away from any roadway. All such structures shall be neatly maintained.
 
11. No discharge or any waste, chemical or other matter shall be permitted into any creek or waterway in SADDLETREE RANCH so as to be harmful to the creek or other persons using the creek, except as may be required in the operation of the water purification plant.
 
12. No quarrying, mining, excavating or removal of timber, exclusive of cedar, shall be permitted on any Lot, except as necessary for the construction of dwellings or other out- building structures on the property.
 
13. After July 31, 1998 no exterior radio or television antenna, or serial or satellite dish receiver (except such satellite dish not exceeding twenty-four inches in diameter), or other devices designed to receive telecommunication signals, including, but not limited to, radio, television, or microwave signals which are intended for cable television, network television reception, or other entertainment purposes (“Antenna”) shall be erected or maintained on the Property, without the prior written approval of the Architectural Control Committee. All satellite dish receivers that are four (4) feet in diameter or larger shall not be visible from any roadway or from the adjoining Lot.
 
14. All water wells and related equipment shall be placed upon a Lot within enclosed structures or appropriately screened from public view with plant material suitable for that purpose.
 
15. No outdoor lighting shall be placed on any Lot that will be a nuisance to other Lots and/or their Owners.
 
B. PROPERTY OWNER'S ASSOCIATION, ASSESSMENTS AND RULES
1. The Association is created for the purposes, charged with the duties, and vested with the powers prescribed by law or set forth in its Articles and Bylaws and in this Declaration. Neither the Articles nor the Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
 
2. Any Person, upon becoming an Owner, shall automatically become a Member of the Association. Membership shall be appurtenant to and shall run with the property interest which qualifies the Owner thereof for membership, and membership may not be severed from, or in any way transferred, pledged, mortgaged, or alienated, except together with the title to the said property interest.
 
3. The number of votes which may be cast, for election of members to the Board of Directors of the Association, and on all other matters to be voted on by Owners shall be determined by the number of whole acres within the Lot or Lots owned by each such Owner.
 
4. The Association shall have the powers of a Texas corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration. Without in any way limiting the generality of the two preceding sentences, the Association and the Board, acting on behalf of the Association, shall have the power and authority at all times as follows:
 
(A) To make, establish, and promulgate, and in its discretion to amend or repeal and re-enact, such Saddletree Ranch Rules and Bylaws, not in conflict with this Declaration, as it deems proper covering any and all aspects of its functions.
 
(B) To obtain and maintain in effect policies of insurance which, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association functions.
 
(C) To keep books and records of the Association's affairs.
 
(D) To levy assessments as provided herein. An assessment is defined as that sum which must be levied in the manner and against the property set forth herein in order to raise the total amount for which the levy in question is being made.
 
(E) To levy fines against Owners for nonpayment of assessments and violations of the restrictions and covenants, all as provided for herein.
 
(F) To retain and pay for legal and accounting services necessary or proper in the operation of the Association.
 
(G) To grant and convey to any person or entity the real property and/or other interest therein including fee title, leasehold estates, easements, rights-of-way, or mortgages out of, in, on, over, or under any Association property for the purpose of constructing, erecting, operating, or maintaining the following, all in accordance with the Bylaws of the Association:
 
(a) Parks, parkways or other recreational facilities or structures;
(b) Roads, streets, walks, driveways, trails and paths;
(c) Lines, cables, wires, conduits, pipelines or other devices for utility purposes;
(d) Sewers, water systems, storm water drainage systems, sprinkler systems, and pipelines; and/or
(e) Any similar public, quasi-public or private improvements or facilities. Nothing above, however, shall be construed to permit use or occupancy of any improvement or other facility in a way which would violate applicable use and occupancy restrictions imposed by other provisions of this Declaration.
 
(H) If the Board deems appropriate, to retain and pay for the services of a person or firm (the ìManager") to manage and operate the Association, including its property, to the extent deemed advisable by the Board. Additional personnel may be employed directly by the Association or may be furnished by the Manager. To the extent permitted by law, the Association and the Board may delegate any other duties, powers and functions to the Manager. The members of the Association hereby release the Association and the members of the Board from liability for any omission or improper exercise by the Manager of any such duty, power, or function so delegated.
 
(I) To pay for water, sewer, garbage removal, landscaping, gardening and all other utilities, services and maintenance for the property of the Association; to maintain and repair easements, roads, roadways, rights-of-way, parks, parkways, median strips, sidewalks, paths, trails, ponds, lakes and other areas of the Property, as appropriate; and to own and operate any and all types of facilities for both active and passive recreation.
 
(J) To obtain and pay for any other property and services, and to pay for other taxes or assessments which the Association or the Board is required to secure or to pay for pursuant to applicable law, the terms of this Declaration, or the Articles or Bylaws of the Association.
 
(K) To construct new improvements or additions to Association properties, subject to the approval of the Architectural Control Committee as required by this Declaration and in accordance with the Bylaws of the Association.
 
(L) To enter into contracts with such persons and entities on such terms and provisions as the Board shall determine, to operate and maintain any Common Area or to provide any service or perform any function on behalf the Association.
 
(M) To acquire and own and to dispose of all manner of real and personal property, whether by grant, lease, gift, or otherwise in accordance with the Bylaws of the Association.
 
(N) To grant variances from compliance with any of the provisions of this Declaration when, in the opinion of the Board, in its sole discretion, such variance will not impair or detract from high quality development of the Property, and such variance is justified due to unusual or aesthetic considerations or unusual circumstances.
 
(O) To enforce compliance of this Declaration by the Owners.
 
5. The Association shall (i) maintain all streets which have been completed but not accepted by the appropriate governmental entity for maintenance, (ii) maintain all Common Area dedicated to the Association for maintenance, and (iii) maintain the landscaping and entry sign located at the entrance of the Property, and all median strips which have not been accepted by any governmental entity for maintenance.
 
6. The Association shall pay for electrical service and for all other costs and expenses necessary to operate and maintain the street lights within the Property that are owned by the Association, until such time as such obligation is assumed by the appropriate governmental entity.
 
7. Subject to and in accordance with this Declaration, the Association, acting through the Board, shall have the following duties:
(1) To own, operate, and maintain all Common Area together with all improvements of whatever kind and for whatever purpose which may be located in said areas; and to own, operate, and maintain all other property, real and personal, conveyed or leased to the Association and to maintain in good repair and condition all lands, improvements, and other Association property owned by, or leased to, the Association. Such maintenance shall include but not be limited to mowing and removal of rubbish or debris of any kind.
 
(2) To pay all real and personal property taxes and other taxes and assessments levied upon or with respect to any property owned by or leased to the Association, to the extent that such taxes and assessments are not levied directly upon the members of the Association. The Association shall have all rights granted by law to contest the legality and the amount of such taxes and assessments.
 
(3) To execute mortgages, both construction and permanent, for construction of facilities, including improvements on property owned by or leased to the Association. Financing may be effected through conventional mortgages or deeds of trust, the issuance and sale of development or other bonds, or in any other form or manner as may be deemed appropriate by the Association. The mortgage or other security interest given to secure repayment of any debt may consist of a first, second, or other junior lien as shall be deemed appropriate by the Association, on the improvement or other facility to be constructed, together with such underlying and surrounding lands as the Association deems appropriate. The debt secured by such mortgage or other security instrument may be retired from and secured by the revenues generated by dues, use fees, assessment of the members of the Association, or otherwise, or any combination thereof, as may be deemed appropriate by the Association, but subject to the limitations imposed by this Declaration.
(4) To take out and maintain current a policy of liability insurance coverage to cover accidental bodily injury and/or death caused by the use and enjoyment in the Common Area. Such insurance shall be in an amount as the Board shall deem appropriate.
 
8. The Association shall indemnify any person who was or is a party, or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he is or was a director, officer, committee member, employee, servant or agent of the Association against expenses, including attorney's fees, reasonably incurred by him in connection with such action, suit of proceeding if it is found and determined by the Board or a Court that he (1) acted in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the Association, or (2) with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by settlement, or upon a plea of Nolo Contendere, or its equivalent, shall not of itself create a presumption that the person did not act in good faith or in a manner which he reasonably believed to be in, or not opposed to, the best interests of the Association, or, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. The Board may purchase and maintain insurance on behalf of any person who is or was a director, officer, committee member, employee, servant, or agent of the Association, against any liability asserted against him or incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability hereunder or otherwise.
 
C. ARCHITECTURAL CONTROL COMMITTEE AND BOARD
1. The Architectural Control Committee shall consist of not more than seven (7) voting members ("Voting Members"). The voting members of the Architectural Control Committee shall be approved by the Board.
 
2. Items presented to the Architectural Control Committee shall be decided by a majority vote of the Voting Members.
 
3. Each member of the Architectural Control Committee shall hold office until such time as he or she has resigned or has been removed or his or her successor has been appointed, as provided herein.
 
4. The Board may adopt such procedural and substantive rules, not in conflict with this Declaration, as it may deem necessary or proper for the performance of the Architectural Control Committee’s duties.
 
5. Whenever in this Declaration, or in any Supplemental Declaration, the recommendation of the Architectural Control Committee is required, it shall have the right to consider all of the Plans and Specifications for the Improvement or proposal in question and all other facts which, in the Architectural Control Committee’s opinion are relevant. Except as otherwise specifically provided herein, prior to the commencement of any construction of any Improvement on the Property or any portion thereof, the Plans and Specifications shall be submitted to the Architectural Control Committee, and construction thereof may not commence unless and until the Board has approved such Plans and Specifications in writing. The Board shall consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this Declaration within thirty (30) days after such submission. If the Board does not render a decision to approve or disapprove such Plan and Specification within such thirty (30) day period, such Plans and Specifications shall be deemed approved by the Board. The Architectural Control Committee shall perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with Plans and Specifications approved by the Board. The Architectural Control Committee may review Plans and Specifications submitted for its review. No Improvement shall be allowed on any Lot which is of such size or architectural design or involves the use of such color schemes, exterior finishes and materials and similar features as to be incompatible with existing residential development within the Property. Further, as to the Lots that are restricted to use for single residential purposes only, no residence shall be allowed on any Lot that is within four Lots of a significantly similar single family residence elevation. For purposes of this Section C. 5., the term "elevation" shall mean the (i) architectural front and rear of the residence, (ii) roof pitch, and (iii) type of exterior finish. The decision of the Board shall be final and binding so long as it is made in good faith. The Architectural Control Committee shall not be responsible for reviewing any proposed Improvement, nor shall its approval or the approval by the Board of any Plans or Specifications be deemed approved thereof from the standpoint of structural safety, engineering soundness, or conformance with building or other codes.
 
6. The Board may grant variances from compliance with any of the provisions of this Declaration, or any Supplemental Declaration, when such variance will not impair or detract from high quality development of the Property, and such variance is justified due to unusual or aesthetic considerations or unusual circumstances. All variances must be evidenced by a written instrument, in recordable form, and must be signed by a majority of the voting members of the Architectural Control Committee. The granting of such variance shall not operate to waive or amend any of the terms and provisions of these covenants and restrictions applicable to the Lots for any purpose except as to the particular property and in a particular instance covered by the variance, and such variance shall not be considered to establish a precedent or future waiver, modification, or amendment of the terms and provisions hereof.
 
7. The Board may, by resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Architectural Control Committee. In the absence of such designation, the vote of a majority of all of the members of the Architectural Control Committee taken without a meeting, shall constitute an act of the Architectural Control Committee.
 
8. The recommendation of approval or consent of the Architectural Control Committee to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the Architectural Control Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person.
 
9. The Architectural Control Committee, at its option, may inspect all work in progress to ensure compliance with approved Plans and Specifications.
 
10. Neither the Board, nor any member thereof, shall be liable to the Association or to any Owner or to any other person for any loss, damage or injury arising out of their being in any way connected with the performance of the Architectural Control Committee's or the Board's respective duties under this Declaration, unless the Board or such member thereof has acted in an arbitrary or capricious manner. Neither the Architectural Control Committee, nor the members thereof, shall be liable to any Owner due to the construction of any Improvement within the Property.
 
11. Plans and Specifications shall be submitted to the Board, c/o President of the Saddletree Ranch Property Owners Association, Inc., 100 Saddletree Lane, Dripping Springs, Texas 78620, or such other address as may be designated by the Board from time to time.
 
D. FUNDS AND ASSESSMENTS
1. (A) Assessments established by the Board pursuant to the provisions of this Paragraph D.1 shall be levied on a uniform basis against each whole acre within the Property. The amount of the Assessment shall be determined by dividing the total amount determined by the Board to be necessary pursuant to Paragraph D.3 and/or 4 hereof by the total number of whole acres within the Property at the time the Assessment is levied, as determined by reference to each Plat of a portion of the Property which is of record at the time the Assessment is levied.
 
(B) Each unpaid assessment, together with interest and costs of collection, as provided below, shall be the personal obligation of the Owner of the Property against which the Assessment fell due, and shall become a vendor's lien against each such Lot and all its Improvements. The Association may enforce payment of such Assessments in accordance with the provisions of this Article.
 
2. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended.
 
3. Prior to the beginning of each fiscal year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under the Saddletree Ranch Restrictions, including but not limited to, the cost of all maintenance, the cost of enforcing the Saddletree Ranch Restrictions, and a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund. Assessments sufficient to pay such estimated net expenses shall then be levied as provided herein, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including non payment of any individual Assessment, the Association may at any time, and from time to time, levy further Assessments in the same manner as provided above. All such regular Assessments shall be due and payable to the Association at the beginning of the fiscal year or in such other manner as the Board may approve in its sole and absolute discretion. So long as Lots 24 and 116 of Section III are not used for residential purposes, the Assessment shall be the regular Assessment charged for 1998. If such Lots or portions of such Lots are used for residential purposes, then the regular Assessment for such years that the Lots or portions of such Lots are used for residential purposes shall be charged to such Lots or portion of such Lots.
 
4. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments whenever in the Board's opinion such special Assessments are necessary to enable the Board to carry out the mandatory functions of the Association under the Saddletree Ranch Restrictions. The amount of any special Assessments shall be at the reasonable discretion of the Board. In addition to the special assessments authorized above, the Association may, in an assessment year, levy a special assessment applicable to that assessment year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area, provided that any such special assessment shall have the assent of fifty-one percent (51%) of the total votes for each class of Members who are voting in person or by proxy at a meeting duly called for this purpose. No special Assessments shall be charged to Lots 24 or 116 of Section III so long as such Lots or portions of such Lots are not used for residential purposes. If such Lots or portions of such Lots are used for residential purposes, then the special Assessment for such years that the Lots or portions of such Lots are used for residential purposes shall be charged to such Lots or portion of such Lots.
 
5. The regular and special Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest at the highest rate allowed by applicable usury laws then in effect on the amount of the Assessment from the due date thereof, (or if there is no such highest rate, then at the rate of 2% per month) together with all costs and expenses of collection, including reasonable attorneys' fees.
 
6. All sums assessed in the manner provided in this Article but unpaid, shall, together with interest as provided in Paragraph D.5, and the cost of collection, including reasonable attorneys' fees, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors, or assigns. This lien shall be superior to all other liens and charges against the said Lot, except only for tax liens and all sums unpaid on a first mortgage lien or first deed of trust liens of record, securing in either instance sums borrowed for the acquisition or improvement of the Lot in question. The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien. Such power shall be entirely discretionary with the Board and such subordination may be signed by an officer of the Association to evidence the aforesaid Assessment lien, the Association may prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien, and a description of the Lot. Such notice shall be signed by one of the officers of the Association and shall be recorded in the office of the County Clerks of Travis and Hays Counties, Texas. Such lien for payment of Assessments shall attach with the priority set forth above from the date that such payment becomes delinquent and may be enforced by the foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property subsequent to the recording of a notice of Assessment lien as provided above, or the Association may institute suit against the Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable attorneys' fees incurred. The Association shall have the power to bid on the property at foreclosure, or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Upon the written request of any Mortgagee, the Association shall report to said Mortgagee any unpaid Assessments remaining unpaid for longer than thirty (30) days after the same are due.
 
E. CREATION OF ROADWAY AND UTILITY EASEMENTS
1. The roadways created by the filing of the plats of SADDLETREE RANCH shall also be subject to use as utility easements for the benefit of all of the Owners and for all utility companies (expressly including, but not limited to, gas, water, sewer, electric, telephone and cable television companies) which may from time to time be asked to bring service lines or cables to any part of said property. The right to use the roadways for utility purposes is subject to permission from the county in which the roadway is located.
 
2. In addition to the foregoing, there is hereby created on all Lots a utility easement thirty feet (30’) wide, adjacent to all roadway easements and twenty feet (20’) wide along all other boundary lines of all Lots, expressly excluding a boundary line or portion thereof which runs along a creek or other waterway within said property unless it becomes necessary to cross said creek or waterway to provide service from one tract to an adjacent tract. This easement shall benefit all utility companies named herein.
 
3. Such utility easements herein created shall expressly be granted for the benefit of Bell Telephone Company and the Pedernales Electric Cooperative, Inc., who now provide service to said property, as well as other companies hereafter providing such service, including water and sewer service. Said companies shall have free access to said easements for installation and maintenance of their lines or cables whether underground or overhead.
 
F. CONSTRUCTION
1. No structure, building or fence shall be erected, placed or altered on any tract until the construction plans and specifications and a plan showing the location of the structure has been approved by the Board as to quality of workmanship and as to location with respect to topography and finish grade elevation.
 
2. All single family residences located on a Lot shall contain at least two thousand (2,000) square feet of heated/air conditioned space (as measured from the exterior walls of such dwelling), exclusive of porches (screened or open), garages and any other attached segment to the dwelling. All duplexes located on a Lot shall consist of two (2) living units that contain at least one thousand two hundred (1,200) square feet per unit of heated/air conditioned space (as measured from the exterior walls of such duplex unit), exclusive of porches (screened or open), garages and any other attached segment to the duplex. All dwellings shall have a garage, either attached or detached to such dwelling. All garages shall have a minimum finished floor dimension of twenty feet by twenty feet. It is the intent of this Declaration that all dwellings and other structures have a neat and attractive appearance. It is also contemplated that dwellings be of traditional country mode, or interpretation thereof, and follow good design as to proportions, scale, color-coordination, and be of materials that are compatible with the surroundings. Porches are encouraged; stone veneer is also encouraged. On all dwellings, at least sixty percent (60%) of the exterior shall be masonry. The entire exterior walls and roof of a dwelling shall be completed within six (6) months after the commencement of work thereof or the placing of materials therefore on such Lot, whichever occurs the earliest. All Improvements located in the Property shall comply with all building, fire, and housing codes that are adopted by the appropriate governmental authorities and applicable to the Property.
 
3. All commercial buildings located on Lots 24 and 116 of Section III shall have the following restrictions:
a. All commercial buildings shall have a minimum of one thousand five hundred (1,500) square feet of heated/air conditioned space (as measured from the exterior walls of such building) and shall have an exterior of at least thirty percent (30%) masonry. Cedar or decorated wood may be substituted for masonry.
 
b. Shall not be used as car lots (new or used), heavy manufacturing facilitates, automobile or marine repair facilities, adult entertainment establishments (including “X” rated video or massage parlors), self storage units, or any related businesses.
 
c. Shall not have any buildings that exceed thirty-five (35’) feet in height or two stories, without the prior written consent of the Board.
 
d. Impervious coverage shall not exceed seventy-five percent (75%) of such Lot, with at least twenty-five percent (25%) landscaping on such Lot. Open space must comprise at least fifteen percent (15%) of the area located between the street right of way line and the actual front wall line of the building, exclusive of porches and steps. Landscaping shall consist of plant material intended to enhance the aesthetics of the building and the Property, including, but not limited to grass, trees, shrubs, flowers, vines and other ground cover, native plant material, natural forms, water forms, or other landscape features, but not including the use of smooth concrete or asphalt.
 
e. Shall comply with the sign ordinance of the City of Dripping Springs in effect as of the date hereof.
 
f. As to Lot 116 of Section III, it shall have greenbelt area of fifty feet (50’) from the southern boundary line. Such greenbelt shall remain in its natural condition.
 
g. As to Lot 24 of Section III, it shall have a greenbelt area of twenty-five feet (25’) from the southern boundary line. Such greenbelt shall remain in its natural condition.
 
h. Lot 116 of Section III may be subdivided into smaller tracts, provided each tract shall contain a minimum of 1.5 acres of land.
 
i. All structures on such Lots shall be built in a complimentary building style.
 
j. No more than three structures shall be erected on each such Lot without the prior written approval of the Board. Notwithstanding anything contained herein to the contrary, no alterations, amendments or other changes to the covenants, conditions, and restrictions described in this Declaration and that apply to Lots 24 and 116 of Section III shall be made or be effective as to Lots 24 and 116 of Section III without the express prior written consent of all the Owners of Lots 24 and 116 of Section III.
 
4. No outside toilets (except as provided in Paragraph F.6 below), privies or cesspools will be permitted on any Lot, and no installation of any type of sewage disposal device shall be allowed which would result in raw or untreated or unsanitary sewage being carried into any water body; all septic tanks must conform to the regulations of the State and County concerning septic systems. Inspection and certification by each of the foregoing named regulatory governmental entities shall be required only if an individual regulatory body requires separate inspection and certification; otherwise, a certification made by an appropriate regulatory body which is accepted by another regulatory body shall be deemed a certification by that other regulatory body for compliance purposes hereunder.
 
5. No unfinished galvanized metal roofs will be permitted on any structure located on a Lot, unless acidized with prior approval of the Board. All metal roofs must be painted by the manufacturer as part of the manufacturing process.
 
6. During the construction of any improvements upon any Lot within the Property, Owner shall provide adequate trash bins or dumpsters and portable restrooms.
 
G. FENCING
1. A 3-rail fence has been constructed along the perimeter of SADDLETREE RANCH along Ranch Road 12 (Highway 166) and along Hamilton Pool Road (FM 3238).
 
2. The fence may be removed in part by an Owner as necessary for construction purposes on such Owneŕs Lot and replaced as soon as possible.
 
3. The fence may be altered as far as gates are concerned for walks and drives as long as gates are constructed of the same material as the fence, conform to overall design and are approved by the Board. No driveways are allowed on Section I, Lots 8, 9, 10 and 11, onto Ranch Road 12. Gates shall be permitted only if approved by the Board. Gates are not required and a gap in the fence at a driveway is allowed, not to exceed twelve feet (12’) in width. A decorative stone column on each side of the opening shall be permitted, not to exceed seventy inches (70”) in height and thirty inches (30”) square, unless otherwise approved by the Board.
 
4. Additional fencing may be constructed within the development by Owners in front of their Lot, or Lot side lines, provided it contains three or four wood rails that are similar to the Declarant́s fence. Stone and/or wrought iron fencing may be approved provided that they conform to the overall design of the Property and are approved by the Board.
 
5. Wire fencing (but not barbed wire) is permitted in rear one-third (1/3) of a Lot provided that it not be noticeable from the road, and is acceptable to the Board.
 
6. Wire fencing may be placed inside and attached to the wood 3-rail fence, but shall not extend above it, to retain smaller animals.
 
7. Lots having the rear property line on Highway 166 or Hamilton Pool Road located in Travis County shall not have access to these roadways, unless consent is given by the Board and the Commissioners Court.
 
H. BUILDING SET BACK LINES
1. Each Lot shall have a building set back line of one hundred fifty feet (150í) from the front property line of such Lot. A variance may be granted by the Board. Nothing shall be erected in front of this building set back line except fencing and water well housing. This building set back line is not meant to encourage all houses to be aligned, but to retain the estate concept and place houses away from the roadway.
 
2. No campers, buses, boats or recreational vehicles of any type shall be permitted on front one-half (1/2) of any Lot or be visible from the roadway. No structure other than fencing shall be permitted closer than twenty (20í) feet from any side property line of a Lot.
 
I. DEFINITIONS
Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the following meanings:
 
1. Architectural Control Committee. "Architectural Control Committee" shall mean the committee created pursuant to this Declaration to review and make recommendations to the Board regarding plans for the construction of Improvements upon the Property.
 
2. Architectural Control Committee Rules. "Architectural Control Committee Rules" shall mean the rules and regulations adopted by the Architectural Control Committee, as the same may be amended from time to time, and approved by the Board.
 
3. Assessment. "Assessment" or "Assessments" shall mean such assessments as may be levied by the Association under the terms and provisions of this Declaration.
 
4. Association. "Association" shall mean Saddletree Ranch Property Owners Association, Inc., a Texas corporation.
 
5. Board. "Board" shall mean the Board of Directors of the Association.
 
6. Bylaws. "Bylaws" shall mean the Bylaws of the Association as adopted by the Board, and as from time to time amended.
 
7. Common Area. "Common Area" shall mean all real property, including the improvements thereto, owned by the Association for the common use and enjoyment of the Owners.
 
8. Declaration. "Declaration" shall mean this instrument, and as it may be amended from time to time.
 
9. Improvement. "Improvement" shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to buildings, Outbuildings, storage sheds, barns, patios, tennis courts, swimming pools, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, holes, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
 
10. Lot. "Lot"" or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on a plat of a subdivision of the Property, together with all Improvements located thereon.
 
11. Member. "Member" or "Members" shall mean any person, persons, entity, or entities holding membership rights in the Association.
 
12. Mortgage. "Mortgage" shall mean any mortgage or deed of trust covering any portion of the Property given to secure the payment of a debt.
 
13. Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or Mortgages.
 
14. Owner. "Owner" or "Owners" shall mean any person or persons, entity or entities, including the Association, holding a fee simple interest in any portion of the Property, but shall not include a Mortgagee.
 
15. Outbuildings. “Outbuildings” shall mean to include a single garage, either attached or detached, for not less that two cars, well houses, an office, barns, guest house, and servants’ quarters detached from the building; and such garage and servants quarters may include a laundry room and laundry services to be used for the convenience of the occupants of the dwelling house and not as a public laundry.
 
16. Person. A "Person" or "Persons" shall mean any individual, individuals, entity, or entities having the legal right to hold title to real property.
 
17. Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, sample of exterior colors, plans for utility services, and all other documentation or information relevant to such improvement.
 
18. Property. "Property" shall mean that real property which is subject to the terms of this Declaration, which is comprised of Section I, Section I-A, Section II and Section III.
 
19. Saddletree Ranch Restrictions. "Saddletree Ranch Restrictions" shall mean this Declaration, as the same may be amended from time to time, together with Saddletree Ranch Rules, Committee Rules and the Articles and Bylaws of the Association from time to time in effect, as the same may be amended from time to time.
 
20. Saddletree Ranch Rules. "Saddletree Ranch Rules" shall mean the rules and regulations adopted by the Board as the same may be amended from time to time.
 
21. Subdivision. "Subdivision" shall mean a portion of the Property which is subdivided for residential purposes as shown on a map or plat of record in the Plat Records of Hays and Travis Counties, Texas.
 
22. Supplemental Declaration. "Supplemental Declaration" shall mean and refer to any declaration of covenants, conditions and restrictions which may be recorded hereafter in order to withdraw land from the Property.
 
J. MISCELLANEOUS
1. Land may be added (“Added Land”) at any time and from time to time provided that two-thirds (2/3) of the Owners consent in writing to such annexation, and a notice of addition of land as described below is recorded in the Real Property Records of Travis and/or Hays Counties, Texas, and is executed by the President and Secretary of the Association and certifies that two-thirds (2/3) of the Owners have consented to such annexation. In order to add the Added Land to the Property, the Association shall be required only to record in the Real Property Records of Travis and/or Hays Counties, Texas, a notice of addition of land containing the following provisions:
 
(A) A reference to this Declaration, which reference shall state the book and page numbers of the Travis County and/or Hays County Real Property Records wherein this Declaration is recorded;
 
(B) A statement that all of the provisions of this Declaration shall apply to the land being added;
 
(C) A legal description of land being added; and
 
(D) A legal description of all Common Areas to be owned by the Association within the land being added.
 
2. If, through error or oversight or mistake, any owner of a parcel of land builds, or causes to be built, any structure thereon which does not conform to all the limitations and restrictions herein recited, it is expressly herein provided that such non-conformity shall in no way affect these limitations or restriction insofar as they apply to any and all other parcels of said land. Any delinquency or delay on the part of the party or parties having the right to enforce these restrictions shall not operate as a waiver of such violation, and such delinquency or delay shall not confer any implied right on any other owner or owners of parcels of said land to change, alter or violate any of the restrictions and limitations herein contained.
 
3. No residential Lot will be permitted to be re-subdivided except with approval of the Board. Any re-subdivided Lot shall contain a minimum of one (1) acre of land.
 
4. All driveways located on a Lot shall be of hot mix asphalt or concrete, and shall be maintained in good condition. No gravel, caliche chip seal or squirt top driveways are permitted.
 
5. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until December 31, 2028, unless amended as herein provided. After December 31, 2028, this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by the Owners of at least three-fourths (3/4) of the total acreage within all of the Lots then subject to this Declaration.
 
6. It is expressly understood that Owners shall have the right to enforce the restrictive covenants and use limitations herein provided for herein by injunction, either prohibitory or mandatory or both, in order to prevent a breach thereof or to enforce the observance thereof, which remedy, however, shall not be exclusive and Owners injured by virtue of any breach of the restrictive covenants and use limitations herein provided for herein shall accordingly have their remedy for the damages suffered by any breach and, in connection therewith, is accordingly understood that, in the event of a breach of these restrictive covenants and use limitations by the Owner of any Lot, it will be conclusively presumed that the Owners of other Lots have been injured thereby.
 
7. This Declaration may be executed in multiple counterparts, which together represent the entire Declaration. Further, this Declaration has been approved by a written instrument executed by the Owners of at least three-fourths (3/4) of the total acreage within all of the Lots presently subject to this Declaration, as evidenced by the attached signature pages.

Visit Us:

Saddletree Ranch Property Owners Association

100 Saddletree Ln
Dripping Springs, TX 78620

info@srpoa.net