P.O. Box 1110 Harlingen, TX 78551 | (956) 661-9733

Weslaco Mile 6 Meadows Restrictions

Lot Number(s) 1-57, MILE 6 MEADOWS, being a 39.993 acre tract (map record: 40.00 acres) of land being all of Farm Tract 230, West and Adams Tracts Subdivision, Hidalgo County, Texas, according to the map or plat thereof recorded in Volume 48, Pages 99-101, Map Records, Hidalgo County, Texas.

All lots 1-57 shall be used and described as lots for residential purposes only. Only one-family residence may be erected, or be permitted to remain on any lot. No out-building other than a garage shall be erected, altered, place or be permitted to remain on any lot in addition to the dwelling house, except as provided in No. 7 below. Said lots shall not be used for business purposes of any kind nor for any commercial manufacturing, apartment, boarding house or rooming house purpose.
no noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
No building shall be nearer than 25 feet to the front lot line. Front set backs for Cul-De-Sac lots building shall not be nearer than 15 feet to the street. No building shall extend farther back than 25 feet to the rear of lot line. No building shall be nearer than 6 feet from the side lot lines. No garage shall be constructed nearer than 18 feet to the front lot lines on lots abutting street, building shall not be nearer than 15 feet to the street. On lots abutting street, garage shall not be nearer than 18 feet to the street. No buildings shall be constructed over any easements. Lots 1, 25, 26, 41, 42 and 57 shall not have entry to Mile 6 West Road, also Lots 17 through 25 shall not have entry to Mile 11 North Road. Minimum Finish Floor Elevation shall be 18" above the top of the curb or 12" above the natural ground.
The total floor area of the living area of each residence shall not be less than 1,700 square feet, all homes must be at least 80% masonry or masonry veneer construction, and must have a minimum of a two (2) car enclosed garage, Garages, utility room, store rooms, porches, etc., shall not constitute living area of the residences. No residence shall be higher that two stories and if it is two stories in height, the ground floor area of the residence shall be a minimum 1,400 square feet of living area as defined above. Each residence must have two off street parking spaces provided.
With reasonable diligence, and in all events within twelve (12) months from the commencement of construction (unless completion is prevented by war, strikes, or acts of God) any dwelling commenced shall be completed as to its exterior and all temporary structures shall be removed.
No structure of temporary character, bus, tent, travel trailer, basement, shack, garage, barn or other outbuildings may be used on any lot as a residence either temporarily or permanently.
No outbuilding shall be constructed on any lot, except that one storage building may be prefabricated or constructed on-site. Its perimeter shall not exceed 60 feet and its height shall not be greater than 8 feet.
No signs of any character shall be allowed on any lot except one sign of not more than six (6) square feet advertising the property for sale or rent; provided, however, that Developer an any other persons or entity engaged in the construction and sale of residence within the subdivision shall have the right, during construction to erect a sign not to exceed twenty (20) square feet. During the initial marketing period of subdivision lots the Developer will have the right to erect a sign of not more that one hundred twenty eight (128) square feet.
No drilling for oil, gas and other minerals, or mining operations of any kind, shall be permitted on any building site, nor shall any wells, tanks, tunnels, mineral excavations or be permitted for use in boring for oil, nor natural gas be maintained on any building site.
No building site shall be used or maintained as dumping ground for rubbish, trash, garbage or other waste materials.
Maintenance of appearance: Grass, vegetation and weeds on each lot shall be cut as often as may be necessary in order to maintain the same neat and attractive appearance and vegetation being no more than 18 inches tall. If the owner of any lot fails to do so, seller may have the lot cut and the owner shall be obligated to pay the reasonable cost of such work.
FIREARMS: The use or discharge of pistols, rifles, shotguns or other firearm is expressly prohibited on any part of the subdivision.
No animals, livestock or poultry of any kind shall be raised, bred or kept on an lot except that no more than two (2) dogs and two (2) cats or, other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose. Household pets must be confined to the property of the Owner, and when off the property the Owner of such pets must be accompanied by some person and restrained by proper leash or other devise.
No commercial trucks, bus, trailer, boat, recreational vehicle (R.V.), commercial vehicle or equipment shall be left parked or placed on any street in the subdivision; and shall not be permitted to be parked on any lot except for construction and repair equipment while a residence or residences are being built or repaired on such lot; No commercial trucks, bus, trailer, boat, recreational vehicle (R.V.), commercial vehicle or equipment shall be left parked or placed in the driveway or any portion of the lot in such a manner as to be visible from any street in the subdivision.
Period of Restrictions: These reservations, restrictions, covenants and easements are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date of these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the acreage has been recorded, agreeing to change said covenants in whole or in part.
Enforceability: The covenants, reservations, easements and restrictions set out herein are for the benefit of the owners of MILE 6 MEADOWS SUBDIVISION, OF A LOT OR LOTS IN MILE 6 SUBDIVISION, and his heirs, executors, administrators an assignors. Accordingly, all of the covenants, reservations, easements, and restrictions, contained herein shall be constructed to be covenants running with the land, enforceable at law or in quite by any one or more of said parties.
Partial Invalidity: Invalidation of any one or more of these reservations, restrictions, covenants and easements by judgment or court order shall not invalidate the remaining reservations, restrictions, covenants and easements, and they shall remain in full force and effect.
Rights of Mortgages: Any violation of any of the easements, restrictions, reservations or covenants contained herein shall not have the effect of impairing or affecting the right of any mortgages or trustee under any mortgage or deed of trust outstanding against any lot at the time that the easements, reservations or covenants may be violated.
Any person, corporation or entity owning or using property within this subdivision may require the observance of these covenants and restrictions and my be proceeding at law prosecute against any person, entity or corporations violating or attempting to violate the same and require the removal of such violations, or to enjoin the violation and my be entitled to any damages or awards as a result of violations.
FENCING: Fencing is only allowed from the front corners of the house to the backyard only. The front yard may not be fenced in. All fences shall be constructed of cedar, redwood, masonry or masonry veneer construction. All fencing shall be a minimum of four (4) feet and a maximum of six (6) feet in height. No chain link fences will be allowed. Fences will be required along the backside of all lots that are adjacent to the drain ditch.
SIDEWALKS: Sidewalks shall be included as per City of Weslaco specifications.
The Subdivision will have an Owner's Association, and the lots will be subject to assessments as described in Exhibit "A" attached hereto and incorporated herein for all purposes.

EXHIBIT "A"

ARTICLE 1
DEFINITIONS

Section 1. A "Declarant" shall mean and refer to RCI DEVELOPMENT-TERRY, LTD., in its capacity as the initial developer of the Subdivision, and his successors and/or assigns, provided that in order to be successor or assignee of Declarant, the subsequent developer must acquire all of the remaining undeveloped Lots which have not been initially sold by the initial Developer.

Section 2. A "Lot" shall mean any of the numbered Lots as shown on the recorded map of the Subdivision filed of record in Hidalgo County, Texas, as same may from time to time be amended.

Section 3. A "Maintenance" shall mean the exercise of reasonable care to keep streets, alley, curbs, fences, landscaping, lighting, undeveloped or unimproved lots, adjacent right-of-way and other related improvements and fixtures, whether enumerated or not, in the common area, in condition comparable to their original condition, normal wear and tear excepted and to maintain and operate the street lights in the subdivision.

Section 4. A "Mortgage" shall mean a conventional mortgage or a deed of trust.

Section 5. A "Mortgagee" shall mean a holder of a conventional mortgage or a beneficiary under or holder of a deed of trust.

Section 6. A "Owner" shall mean the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the property, and shall include contract sellers, but shall not include those holding title merely as security for performance of an obligation.

Section 7. A "Subdivision" shall mean the subdivided Property herein before described.

Section 8. A "Association" shall mean and refer to the MILE 6 MEADOWS OWNER'S ASSOCIATION, its successors and assigns, which shall be an unincorporated non-profit association under the laws of the State of Texas and which may adopt bylaws and function otherwise consistent with the terms of this Declaration. In the event the Homeowner's Association is incorporated as hereinafter provided, then the term Association thereafter shall refer to the corporation s organized and its successors and assigns.

Section 9. A "Properties" shall mean and refer to that certain real property hereinafter described.

Section 10. A "Developer" shall mean RCI DEVELOPMENT-TERRY, LTD. so long as it shall own any Lot within the Properties.

Section 11. A "Member" shall mean every person or entity who holds membership in the Association.

Section 12. A "Common Area" shall mean the entire Property except the lots, subject to all easements and rights described in the Declaration.

ARTICLE 2
MEMBERSHIP AND VOTING RIGHTS

Section 1. Membership. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot.

Section 2. Voting Rights. For purposes of this Declaration, there shall be two (2) classes of voting rights of Owners:

Class A. Class A Owners shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

Class B. Class B Owners shall be the Declarant and shall be entitled to ten (10) votes for each Lot owned.

Section 3. All votes by Owners or Members shall be calculated based on the total number of votes entitled to be cast and shall not be calculated based on the number of Owners or Members of the Association.

ARTICLE 3
COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Association and Board of Directors. The Association shall be created and commence its functions outlined herein below as of the date of the recording of this Amended Declaration. The Association shall be an unincorporated non-profit association organized under the Texas Uniform Unincorporated Non-profit Association Act. With the Association's creation, Officers shall be elected by simple majority vote of the votes entitled to be cast. Officers shall be elected from the membership consisting of a President, Secretary and Treasurer, which said Officers shall also serve as a Board of Directors (hereinafter referred to as the "Board"). Terms shall consist of two (2) calendar years with elections of new Officers and Directors to take place on a bi-annual basis on January 15. It shall be the Treasurer's responsibility to conduct the financial affairs of the Association in accordance with generally accepted accounting procedures. At the request of any lot owner and upon payment of all costs of incorporation by said lot owner, the Association shall be incorporated under the Texas Nonprofit Corporation Act, and thereafter the Association shall refer to the nonprofit corporation so organized, and its successors and assigns.

Section 2. Duties and Powers of Board. Through the Board, the Association shall have the following powers and duties:

To adopt bylaws and rules and regulations to implement this Declaration and the Association's bylaws.
To enforce by any proceeding at law o in equity, this Declaration,, the bylaws, its rules and regulations.
To delegate its powers to committees, officers or employees.
To prepare a balance sheet and operating income statement for the Association and deliver a report to the membership at its annual meeting.
To establish and collect regular assessments to defray expenses attributable to the Association's duties and as provided herein.
To establish and collect special assessments as provided herein for capital improvements or other purposes.
To file liens against unit Owners because of nonpayment of assessments duly levied and to foreclose on those liens.
To receive complaints regarding violation of this Declaration, the bylaws, or the rules and regulations.
To give reasonable notice to all Owners of all annual. or special meetings of the membership.
To hold regular meetings of the Board as provided in the Bylaws.
To manage and maintain all of the Common Area in a state of high quality and in good repair and to pay the cost of operating the street lights in the subdivision.
To pay taxes and assessments, if any, that are or could become a lien on the Common Area.
To pay the costs of any liability insurance on the Common Area and any liability insurance for Members of the Board.
To record in Hidalgo County, Texas a management certificate, signed and acknowledged by an officer or the managing agent of the Association stating; (1) the name of the subdivision; (2) the name of the Association; (3) the recording date for the subdivision; (4) the recording date for this Declaration; (5) the mailing address of the Association or the name and mailing address of the person managing the Association; and (6) other information the Association considers appropriate; and record an amended management certificate not later than the 30th day after the date of a change in any information in the last recorded certificate.
To take such other action as is reasonably required to effectuate the intentions of this Declaration.

Section 3. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot currently owned or by acceptance of a deed therefore, whether or not it shall be so expressed in such, is deemed to covenant and agree to pay to the Association, upon creation, annual and special assessments, such assessments to be established and collected as hereinafter provided; however, i is specifically provided that so long as Declarant shall own any Lots within the Properties, then no annual or special assessment shall be assessed, levied, asserted or done against any such Lots so Owned by Declarant or against Declarant personally. the annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lie upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

Section 4. Purpose of Assessments. The annual assessments levied by the Association shall be used exclusively for the following purposes: (a) to perform maintenance as defined above; (b) to pay the cost of operating the street lights in the subdivision; (c) to pay any Association administrative expenses; and (d) to pay other expenses as authorized herein.

Section 5. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any expense not covered by the annual assessments for a purpose set out in Section 4 above and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes cast in person or by proxy at a meeting duly called for the purpose.

Section 6. Notice and Quorum for any Action Authorized Under Section 5. Written notice of any meeting called for the purpose of taking any action authorized under Section 5 shall be set to all members at their address according to the Association records or to their address according to the most current tax roll not less than ten (10) days nor more than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast fifty percent (50%) of all votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting.

Section 7. Date of Commencement of Annual Assessments, Due Dates. The annual assessments provided for herein shall, as to each Lot, commence on the latter of the date this Amended Declaration is filed with the County Clerk of Hidalgo County, Texas or on the day title to the Lot is transferred from Declarant to the first Owner of the Lot other than Declarant. Written notice of the annual assessment shall be sent to every Owner Subject thereto. Annual assessments shall be due in full in advance in annual installments. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.

Section 8. Notice to Owner. Before the Association suspends an Owner's right to use a common area, files a suit against an Owner other than a suit to collect a regular or special assessment or forecloses under an association's lien, the Association will give written notice to Owner by certified mail, return receipt requested. The notice will describe the violation that is the basis for the suspension action, charge, or fine and state any amount due the Association from the Owner; and inform the Owner that the Owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six (6) months; and may request a hearing on or before the 30th day after the date the Owner receives the notices. These notice provisions do not apply to a counterclaim of an Association in a lawsuit brought against the Association by an Owner.

Section 11. Hearing Before Board; Alternative Dispute Resolution. If the Owner is entitled to an opportunity to cure the violation, the Owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before a committee appointed by the Board or before the Board if the Board does not appoint a committee. If a hearing is to be held before a committee, the notice to the Owner will state that the Owner has the right to appeal the committee's decision to the Board by written notice to the Board. The Association will hold a hearing not later than the 30th day after the date the Board receives the Owner's request for a hearing and shall notify the Owner of the hearing. The Board or the Owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties. The Owner or the Association may make an audio recording of the meeting. The notice and hearing provisions do not apply if the Association files a suit seeking a temporary restraining order or temporary injunctive relief or files a suit that includes foreclosure as a cause of action. If a suit is filed to enforce these restrictions, a party to the suit may file a motion to compel mediation. The notice and hearing provisions do not apply to a temporary suspension of a person's right to use common areas if the temporary suspension is the result of a violation that occurred in a common area and involved a significant and immediate risk of harm to others in the subdivision. The temporary suspension is effective until the Board makes a final determination on the suspension action after following the procedures prescribed by this section. An Owner is not liable for attorney's fees incurred by the Association relating to a matter described by the notice if the attorney's fees are incurred before the conclusion of the hearing or, if the Owner does not request a hearing before the date by which the Owner must request a hearing. The Owner's presence is not required to hold a hearing.

Section 12. Attorney's Fees. The Association is entitled to reimbursement of reasonable attorney's fees and other reasonable costs incurred by the Association relating to collecting amounts, including damages, due the Association for enforcing restrictions or the bylaws or rules of the Association if the Owner is provided a written notice that attorney's fees and costs will be charged to the Owner if the delinquency or violation continues after a date certain. All attorney's fees, costs, and other amounts collected from an Owner shall be deposited into an account maintained at a financial institution in the name of the Association or its managing agent. Only Members of the Association's Board or its managing agent or employees o its managing agent may be signatories on the account. On written request from the Owner, the Association shall provide copies of invoices for attorney's fees and other costs relating only to the matter for which the Association seeks reimbursement of fees and costs.

Section 13. Subordination of the Lien to Mortgages. The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage filed before the due date of the assessment. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer on any Lot pursuant to a first lien mortgage foreclosure shall extinguish the lien of such assessments as to payment which became due after the filing of the first mortgage and prior to such foreclosure sale or transfer. No sale or transfer by mortgage foreclosure or otherwise shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. No sale or transfer by mortgage foreclosure or otherwise shall release the personal liability of the Owner obligated to pay the assessment.