Existing (1995) Deed Restrictions

After Marilyn Estates began in 1957, the subdivision’s Deed Restrictions drafted by the original developer worked well. In 1995, Marilyn Estates’ property owners drafted and approved Deed Restrictions directed more to maintenance of the subdivision. Today, new state legislation and practices such as tear-downs and rebuilds have led us to protect our interests through a proposed set of new Deed Restrictions. Below is the existing set of Deed Restrictions; click for the Proposed (2013) Deed Restrictions.

 

Amended Deed Restrictions of Marilyn Estates Subdivision

12/14/95

 

TABLE OF CONTENTS

 

Section 1. LAND, USE AND BUILDING TYPE

Section 2. ENFORCEMENT

Section 3. ARCHITECTURAL CONTROL

Section 4. ROOFS

Section 5. DWELLING QUALITY AND SIZE

Section 6. BUILDING LOCATION

Section 7. SIGHT DISTANCE AT INTERSECTIONS

Section 8. LOT WIDTH

Section 9. SIDEWALKS

Section 10. EASEMENTS

Section 11. FENCES AND WALLS

Section 12. ANTENNAS AND OTHER STRUCTURES

Section 13. TEMPORARY STRUCTURES

Section 14. STORAGE AND STORAGE SHEDS

Section 15. SWIMMING POOLS AND SPAS

Section 16. VACANT AND NEGLECTED PROPERTY

Section 17. REPAIR OF DAMAGED PROPERTY

Section 18. NUISANCES

Section 19. SIGNS

Section 20. VEHICLES

Section 21. COMMERCIAL AND RECREATION VEHICLES

Section 22. OIL AND MINING OPERATIONS

Section 23. PETS AND OTHER ANIMALS

Section 24. GARBAGE AND REFUSE STORAGE OR DISPOSAL

Section 25. YEARLY DUE AND FEES

Section 25.1. LIEN FOR YEARLY DUES AND FEES

Section 25.2. CHANGE OF OWNERSHIP

Section 26. AMENDMENTS AND CHANGE TO RESTRICTIONS AND COVENANTS

Section 27. APPLICABILITY

Section 28. COURT PROCEEDINGS

Section 29. SEVERABILITY

Section 30. SAVINGS PROVISION

Section 31. COUNTERPARTS

Section 32. INTERPRETATION

 

Amended Deed Restrictions of Marilyn Estates Subdivision

12/14/95

 

THE STATE OF TEXAS, COUNTY OF HARRIS

KNOW ALL MEN BY THESE PRESENTS:

 

The undersigned, being a majority of the owners of certain Lots situated in Marilyn Estates, Section _, according to the map or plat thereof recorded in Volume _, Page _ of theMap Records of Harris County, Texas, hereinafter referred to as the “Subdivision”, it being the intent that as each successive section of the Subdivision approves same, that they become part of one whole body for all purposes (including without limitation voting rights and calculation of “majority rule”). Said approved sections to be known as Marilyn Estates, desiring to create, continue, and carry out a uniform plan for the improvement, development, maintenance and sale of all of the lots in the Subdivision, for the benefit of the present and future owners of said lots, hereby modify and change those certain reservations, restrictions, covenants and easements applying to said tract and filed for record in the office of the County Clerk of Harris County, Texas, and does hereby adopt and establish the following reservations, restrictions, covenants and easements to apply uniformly to the use, occupancy and conveyance of all lots in said Subdivision, on and after the effective date hereof any contract or deed which may have been heretofore or may be hereafter executed with regard to any of the lots in said Subdivision shall conclusively be held to have been executed, delivered and accepted on the following reservations, restrictions, covenants and easements, whether or not said reservations, restrictions, covenants and easements are set out in or referred to in said contract or deed. Present and future owners of said lots accept and agree to these covenants as a condition of ownership and use of said lots:

 

Section 1. LAND, USE AND BUILDING TYPE

 

No lot shall be used for any purpose except for single family residential purposes. Use of any lot for a boarding house, halfway house, care facility or other similar or related use is strictly prohibited. No more than two unrelated adults may occupy any dwelling. Each dwelling must have a garage. No structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two (2) stories in height and a private garage for not more than four (4) cars and bona tide servant’s quarters. No structure shall be erected forward of the front building line. Garage and yard sales are prohibited on consecutive weekends and during week days. Such sales are permitted for a maximum of two (2) non-consecutive weekends each calendar year.

 

Section 2. ENFORCEMENT

 

The principal responsibility for enforcement of these amended deed restrictions of Marilyn Estates shall be upon the Board of Directors (the “Board”) of the Marilyn Estates Association. The Board shall be comprised of elected officers and directors as defined in the By-laws, and shall be ultimately controlled by the By-laws of the Marilyn Estates Association. No person may be a member of the Board unless they reside in a section of Marilyn Estates which has adopted these amended deed restrictions. The address of the Board shall be: P.O. Box 35144, Houston, Texas 77035, or such address as they may designate from time to time, and all notices to the Board or any committee thereof shall be sent to such address, or hand delivered to an officer of the Marilyn Estates Association.

 

Section 3. ARCHITECTURAL CONTROL

 

1. No buildings, structures or other improvements, including but not limited to garages, outbuildings, temporary structures, driveways, sidewalks, roofs, roof replacements, pools, spas, fences, antennas, flagpoles, shall be commenced, constructed, erected, placed or maintained in the Subdivision, nor shall any exterior addition to or alteration thereto be made, unless and until the drawings and specifications, together with a site plan showing the location of all improvements (both existing improvements, if any, and the improvements covered by the drawings and specifications) with reference to property lines, building lines and easements have been submitted to and approved in writing by the Architectural Control Committee, hereinafter referred to as the Committee.

 

2. The Committee is composed of not less than three members and not more than five members, all of whom shall be appointed by the Board. The Board shall have the absolute power to appoint new members or replace any members at anytime. The Board shall also have the power to confirm, amend, modify, or reverse any decision of the Committee. Neither the members of the Committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this covenants.

 

3. The Committee shall have the authority to approve only those drawings which conform to and comply with these restrictions, and shall not have the authority in any circumstance to grant a waiver or variance of the restrictions. Any approvals by the Committee will meet at least the minimum standards and specifications required by the City of Houston. Power to grant waivers or variances is vested solely in the Board who shall act after recommendation by the Committee. All waivers and variances must be in writing signed by the members of the Board having the authority to grant the variance and be in recordable form. A majority of the Committee may designate a representative to act for it.

 

4. Upon receipt by the Committee of any drawings or proposals, the Committee shall immediately notify the Board of their receipt thereof and any subsequent action thereon. The drawings and specifications submitted to the Committee shall specify, in such form as may be reasonably required, the nature, kind, shape, height, exterior color scheme, materials, and location of the proposed improvements or alterations thereto. The Committee shall meet and respond promptly. In the event the Committee fails to approve or disapprove the drawings and specifications within thirty (30) days after having been submitted to it, the drawings will be deemed to have been approved, except that no waiver or deviation from these Restrictions will be permitted. Any errors or defects in or omissions from the drawings and specifications or the site plan submitted to the Committee shall be the responsibility of the owner of the lot to which the improvements relate, and the Committee shall have no obligation to check for errors or defects in or omissions from any such drawings and specifications or site plan, whether the same relate to lot lines, building lines, easements, usability, fitness for the purpose intended, or otherwise.

 

5. Without limitation of the powers herein granted, the Committee shall have the right to specify a limited number of acceptable exterior materials, colors and/or finishes that may be used in the construction, alteration, maintenance or repair of any improvement, including, but not limited to, roofs, walls or fences. Where not otherwise specified herein, the Committee also shall have the right to specify requirements for each building site as follows: minimum set­backs, driveway access to adjacent streets; the location, height and extent of fences, walls or other screening devices and the orientation of structures with respect to streets, walks and structures on adjacent property. The Committee shall have full power and authority to reject any drawings and specifications that do not comply with the restrictions herein imposed to meet its minimum construction requirements or architectural design requirements or that might not be compatible, in its judgment, with the overall character and aesthetics of the Subdivision. Completion of any construction prior to committee approval shall not constitute a defense to any suit for enforcement of these restrictions.

 

Section 4. ROOFS

 

Any proposals for the construction of, or repair to, or replacement of a roof must be submitted to the Architectural Control Committee and approved in writing by that committee prior to commencement of the repair or replacement. No repair (except emergency repairs) or replacement shall be approved unless it complies with the then-existing standards established by the Architectural Control Committee. The Board shall provide the Committee with the minimum standards of construction. The Board may amend these minimum standards at any time. The list of these standards will be available to any lot owner upon request and reasonable notice.

 

Section 5. DWELLING QUALITY AND SIZE

 

The ground floor area for a one and one-half (1½) or two (2) story residence shall be not less than 1,500 square feet, excluding garage. The ground floor area for a one (1) story residence shall be not less than 2,200 square feet, excluding garage. The exterior wall material of the main residence structure of all lots shall not be less than fifty-one percent (51%) masonry. No window air conditioners visible from the street shall be permitted.

 

Section 6. BUILDING LOCATION

 

No building shall be located on any lot nearer to the front lot line or nearer to the side street lot line than the minimum building setback line shown on the recorded plat. No building shall be located nearer than five feet (5') to any interior lot line, except that a garage or other permitted accessory building located seventy feet (70') or more from the front property line which may be a distance of three feet (3') from an interior lot line.

 

No building other than garages may be closer than ten feet (10') to the rear property line and no building, even of a temporary nature, may be placed in utility easements. For the purpose of this covenant, eaves, steps and unroofed terraces shall not be considered as part of a building, providing however, that this shall not be construed to permit any portion of the structure on the lot to encroach upon another lot or any utility easement.

 

Conversion of, or change in, use of a garage or permitted accessory building is prohibited if the resulting structure or use is in violation of the building location requirements of this Section. Garage apartments are prohibited. Any conversions or changes in use must be approved by the Architectural Control Committee.

 

Section 7. SIGHT DISTANCE AT INTERSECTIONS

 

No fence, wall, hedge, shrub or planting which obstructs sight lines at elevations between two feet (2') and six feet (6') above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five feet (25') from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply to any lot within ten feet (10') from the intersection of a Street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

 

Section 8. LOT WIDTH

 

No dwelling shall be erected or placed on any lot having a width of less than sixty-eight feet (68') at the minimum building setback line.

 

Section 9. SIDEWALKS

 

Concrete sidewalks shall be constructed continuously along all front and side streets adjacent to all lots. The sidewalk shall be installed as a part of the improvements placed upon the lots, and shall be located between the lot lines and the curb lines. The exact locations, grades, widths and specifications of the sidewalks shall be as required by the City of Houston. An aerial easement eight feet (8') high above and to the full width of the sidewalk shall be maintained by each lot owner, free and clear of trees, branches and shrubs, adequate to allow two people to walk abreast unimpeded on the sidewalk.

 

Section 10. EASEMENTS

 

Easements for installation and maintenance of utilities are reserved as shown and provided for on the recorded plat.

 

Section 11. FENCES AND WALLS

 

Fences and walls shall not be more than eight feet (8') in height. Fences and walls may extend to the interior lot line, but shall not be forward of the front building line. On corner lots, walls and fences shall not be placed outside of the side building line.

 

Section 12. ANTENNAS AND OTHER STRUCTURES

 

No antenna towers, dish-type antennas or similar devices shall be installed, placed, erected or located in the Subdivision without the prior approval of the Architectural Control Committee. In no event shall any antenna height exceed the distance to the nearest property line so that in the event it should fall, it will be wholly confined within the lot.

 

Section 13. TEMPORARY STRUCTURES

 

No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.

 

Section 14. STORAGE AND STORAGE SHEDS

 

Storage sheds will be permitted only if they are not visible from the street and do not exceed ten feet (10') in height. Nothing shall be stored upon a lot in violation of either federal or state law or City of Houston ordinances.

 

Section 15. SWIMMING POOLS AND SPAS

 

No swimming pools or spas shall be erected or constructed on any lot forward of the building line or within any easement. All swimming pools and spas will be fenced and screened from view from the street.

 

Section 16. VACANT AND NEGLECTED PROPERTY

 

All homes or lots, whether occupied or not, must be well maintained and yards must be regularly cut and cared for. Should any home or lot be neglected or abandoned, the Association reserves the right to protect the way of life and property values in the Subdivision by such measures as it deems necessary, including, but not limited to mowing, trimming, painting, repairing or raking and such costs will be assessed against the property owner or applied as a lien against the property. All lot owners waive all causes of action in damages, trespass or otherwise and grant immunity to the Association for any acts done under this Section. The Association may charge a reasonable administrative fee to remedy situations which violate this Section.

 

Section 17. REPAIR OF DAMAGED PROPERTY

 

In the event of damage or destruction by fire or other casualty to any lot or improvement thereon, the owner shall secure the property immediately and commence repair, rebuilding or removal of such improvements within one hundred twenty days (120) from the date of the occurrence, and shall maintain continuous work until completed.

 

Section 18. NUISANCES

 

No nuisance shall ever be erected, placed or suffered to remain upon any property in the Subdivision, and no owner of or resident on any property in the Subdivision shall use, maintain or fail to maintain the same so as to endanger the health or disturb the reasonable enjoyment of any other owner or resident. The Board is hereby authorized to determine what constitutes a violation of this restriction. No door to door soliciting will be permitted without prior consent of the Board.

 

Section 19. SIGNS

 

No signs of any kind shall be displayed to the public view on any lot except as permitted by this Section. Permissible signs are: one sign of not more than five square feet (5 sq. ') advertising the property for sale; political signs during active campaigns and election periods; security warning signs; beware of dog signs; builder signs; construction signs; civic association approved signs; and “safe house” signs.

 

Section 20. VEHICLES

 

No vehicle which is inoperative, wrecked, dismantled, partially dismantled, discarded, or which does not have lawfully affixed thereto, both an unexpired license plate or plates and a valid motor vehicle safety inspection certificate, shall be permitted upon any lot if visible from the street or adjoining lot. No vehicles can be parked on unpaved surfaces or obstructing the sidewalk.

 

Section 21. COMMERCIAL AND RECREATION VEHICLES

 

No commercial vehicles, boats, mobile homes, motor home recreation vehicles, trailers, or any other similar vehicle or device shall be placed on any lot permanently, regularly or for any period for more than a total of one (1) week during a calendar month in such a manner that it is unsightly, obstructive or visible from the street, except that any such vehicle or device may be stored or kept so long as it remains behind and inside the lot building lines, and it is substantially (partially) shielded from view from the street.

 

Section 22. OIL AND MINING OPERATIONS

 

No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall any wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in exploring for or the production of oil, natural gas, or other minerals shall be erected, maintained or permitted upon any lot.

 

Section 23. PETS AND OTHER ANIMALS

 

No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes and provided that they do not constitute a nuisance.

 

Section 24. GARBAGE AND REFUSE STORAGE OR DISPOSAL

 

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Trash, garbage, other waste containers therefore shall not be placed or stored in a location visible from the street prior to 6:00 p.m. on the date prior to a trash/garbage pickup day. All trash containers must be removed from sight as soon as possible, but not later than 10:00 p.m. on the trash/garbage pickup day.

 

Section 25. YEARLY DUES AND FEES

 

Each lot covered by these restrictions is subject to yearly dues and fees for the purpose of creating a fund to be known as “Marilyn Estates Fund” to be paid by all owners and all subsequent owners of the lot, in conjunction with a like charge to be paid by the owners of other lots in Marilyn Estates. Said dues and fees shall be payable to the Marilyn Estates Association on January 1st of each year, commencing with January 1 of the year following the effective date of these Amended Deed Restrictions.

 

The dues and fees shall be initially set at $60.00, and shall be a personal obligation of the owner of the lot as of January 1 of each year. Such annual charge may be adjusted from year to year by the Association as the needs of the Subdivision may, in its judgment, require. The Board, in its sole discretion, may adjust such annual fees by a rate not to exceed the increase in cost of living as measured by the Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics, or equivalent, hereinafter referred to as “Index”. In the event that the need exceeds the above limitation, the Board may recommend to the lot owners an amount appropriate to the need on either a one-time or a continuing basis. Such recommendation shall become effective only after written agreement signed and acknowledged by a simple majority of the then owners of all lots in the Subdivision in those Sections which have adopted a counterpart of this set of restrictions, thereafter shall be filed for record in the office of the County Clerk of Harris County, Texas. Changes in dues and fees shall be communicated to all property owners in writing. The Marilyn Estates Fund shall be for the purpose of doing anything necessary or desirable in the opinion of the Association, to keep property in Marilyn Estates neat and in good order, which it considers of general benefit to the owners or occupants of the Subdivision, it being understood that the judgment of the Marilyn Estates Association in the expenditure of said funds shall be final and conclusive as long as such judgment is exercised in good faith.

 

Section 25.1 LIEN FOR YEARLY DUES AND FEES

 

To secure the payment of such dues and fees, a lien is herein and hereby retained against the lot, premises and improvements in favor of the Marilyn Estates Association, its successors and assigns, and it shall be the same as if a Vendor’s Lien was retained in favor of the grantor of said lot and assigned by property assignment to the Association, without recourse on grantor in any manner for the payment of said charge and indebtedness.

 

Section 25.2 CHANGE OF OWNERSHIP

 

It shall be the duty of each subsequent purchaser of any lot in Marilyn Estates to notify the Marilyn Estates Association of the change of ownership and to effect the correction of the Associations records. The Association shall charge a transfer fee of $25.00 for amending its records. The Board shall have the right to amend this charge from time to time as it sees fit. The Marilyn Estates Association may acquire and own property for the benefit of the residents, with all of the rights of any private owner of any lot in Marilyn Estates.

 

Section 26. AMENDMENTS AND CHANGE TO RESTRICTIONS AND COVENANTS

 

These restrictions and covenants may be amended and changed at any time by the recording of a written agreement signed and acknowledged by a simple majority of the then owners of all lots in the Subdivision in those Sections which have adopted a counterpart of this set of restrictions. Such amendment or change shall become effective upon being filed for record in the office of the County Clerk of Harris County, Texas. The person or persons requesting an amendment or change, or the Marilyn Estates Association if it be the requestor, shall bear all expenses in connection therewith. Any amendment or change to these restrictions and covenants shall not abrogate the purposes set out in Section 1 of this instrument.

 

Section 27. APPLICABILITY

 

These restrictions shall modify, change and take precedence over those restrictions previously filed of record in the office of the County Clerk for this Subdivision in the Deed Records of Harris County, Texas, as indicated in the first paragraph of these Amended Deed Restrictions and shall extend, continue, and preserve any lien previously created or existing which secured or secures yearly dues and fees assessed or to be assessed under these Amended Deed Restrictions or the earlier Deed Restrictions referred to hereinabove.

 

Section 28. COURT PROCEEDINGS

 

Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Marilyn Estates Association or any affected owner of a lot in this Subdivision, or both, is authorized to enforce these restrictions and covenants in any manner provided by law.

 

Section 29. SEVERABILITY

 

Invalidation of any one of these covenants, restrictions or provisions or any part thereof by judgment or Court Order shall in no way affect any of the other restrictions, provisions and covenants which shall remain in full force and effect.

 

Section 30. SAVINGS PROVISION

 

Existing conditions which were not a violation of the pre-existing restrictions, but which are nonconforming or violate these restrictions, will be permitted to continue until such time as they become damaged, destroyed, or functionally obsolete.

 

Section 31. COUNTERPARTS

 

This instrument contains signature pages from various counterparts, each of which, when so executed shall be deemed to be an original. Such counterparts shall constitute one and the same instrument, and for recordation purposes, separate signature pages and acknowledgments may be affixed to the body of this original instrument without the necessity of recording the entirety of each separate counterpart. Further, as each Section of the Subdivision which ultimately adopts and records a counterpart of these restrictions, all such adopted and recorded counterparts shall be construed as one instrument, applicable to each of the adopting Sections of the Subdivision.

 

Section 32. INTERPRETATION

 

These restrictions shall be construed so as to give the broadest interpretation thereof and to facilitate their enforcement. Nothing in these restrictions shall ever be interpreted to authorize violation of any municipal, state or federal law.

 

The recording of the signed multiple counterparts of this instrument shall be treated as the recording of a singular original instrument as of the date and time that the first multiple counterpart is recorded.