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Subdivision Restriction Clarifications
AS Annotated  BY
 BY KEN COSTA - PRESIDENT SHANNON RIDGE HOA
A complete copy of the Official Restrictions is available here.

For a better understanding of our Restrictions please visit our OVERVIEW Page


*Attention: Residents, Prospective Buyers, Realtors, and Contractors*

The Estates at Shannon Ridge is a restricted subdivision.  The restrictions are very reasonable and are designed to keep our beautiful, peaceful, pastoral community a great place to live and protect our property values. Shannon Ridge HOA strictly enforces these restrictions, so please read them very carefully.  We welcome questions; just email our president, Ken Costa, at shannonridgehoa@yahoo.com.  

ABOUT OUR DEED RESTRICTIONS
In order to fully comprehend our Subdivision Restrictions it is necessary to understand a bit about them. This is an explanation in layman's terms and not to be considered as legal advice.

These are Deed Restrictions #, and they Run With the Land # #. These Restrictions were originally incorporated as part of the Deed to the Property, by the original developers of our subdivision. These restrictions are legally binding on the purchaser of the property, and any future purchaser. The official Subdivision Restrictions are on file at the Wilson County Clerk’s office. While there was no mechanism to amend them incorporated in the restrictions, they CAN be legally amended under Texas Property  Code, Title 11, Chapter 201. (See PROCEDURES TO CHANGE THE SUBDIVISION RESTRICTIONS near the bottom of this page). It should be noted however that it is extremely difficult to obtain the votes of 67% of all the Property OWNERS, not just 67% of those who actually vote on the issue.

It is important to grasp the difference between a Homeowners Association, and Deed Restrictions. Our HOA was not even created until several years after our subdivision was legally formed and properties already sold. The HOA had, and still has, NO say over the wording of the Restrictions, and has NO RIGHT to enforce the Restrictions, beyond the right of of any individual Shannon Ridge Subdivision Property Owner. What Shannon Ridge HOA DOES have, (even though a Voluntary Association) is the financial advantage of funds to allow legal pursuit of the enforcement of our Restrictions.  

# Deed restrictions are private agreements that restrict the use of the real estate in some way, and are listed by way of a clause in the deed that limits the use of that land.
# # 
The restrictions travel with the deed, and cannot generally be removed by new owners.

For a better understanding of our Restrictions please visit our OVERVIEW Page.


THE ESTATES AT SHANNON RIDGE

Note: The following is a paraphrase of the key articles of the official Subdivision Restrictions on file at the Wilson County Clerk’s office (830-393-7308). The clerk’s office also has the Subdivision Plats. A complete copy of the official Restrictions is available here. Explanatory comments are in blue print and in brackets. These are intended as examples, for clarification purposes only, based on frequently asked questions regarding items contained herein. These are interpretations of the Restrictions by our President Ken Costa, and are not intended to represent any legal definitions as contained in the contract.

 
DISCLAIMER 
: Legal information is not the same as legal advice, which is the application of law to an individual's specific circumstances. The information on this website is not a substitute for and does not replace the advice or representation of a licensed attorney.


ARTICLE III

Use Restrictions 

Section 1. Land Uses and Building Type. All Lots shall be used for residential purposes only [commercial enterprises are prohibited], and…no structure shall be erected, altered, placed or permitted to remain on any Residential Lots other than one…single-family or duplex dwelling not to exceed two (2) stories in height (excluding a basement), and a detached or attached garage or carport for not more than four (4) cars. [Metal homes, barndominiums, prefabricated homes, and modular homes are prohibited.] In addition to the primary residence, either one garage apartment may be constructed above the garage or carport as described above, or one guest house may be placed on the lot. Any such guest house must be attached to the main dwelling by a common roof, which attachment may be by a common roof over an open breezeway or carport. There may be only one garage apartment or one connected guest house, but not both. [Construction of a garage, carport, or guest house may begin in conjunction with but not before the construction of the primary residence.] 

After the construction of a residence, there also may be constructed greenhouses, barns, shop buildings and other outbuilding [such as a storage shed, machine shed, doghouse, etc.], so long as each is of neat appearance. [The operative word here is “after.” You cannot build or place these other structures (including portable structures) on your lot until after the construction of the residence.] 

No mobile home or manufactured home (single-wide or doublewide) may be placed on [, assembled,] or used on any lot. [The home must be built on site.] 

As used herein the term "residential purposes" shall be construed to prohibit the use of said Lots for apartment houses and for commercial duplex houses or garage apartments, but duplex houses and garage apartments for non-commercial use and which meet all of the minimum size and other requirements of these subdivision restrictions, may be placed on lots.

[Other examples of prohibited business activities include retail sales activities, vehicle repair or detailing services, animal breeding or kenneling operations, and using a lot as a storage or salvage yard or parking lot for your business. However, limited business activities that are not detectable by sight, sound, or smell and do not create traffic problems are allowed. Home offices (without advertising signs) and occasional garage sales are considered incidental to residential use and are, therefore, allowed.]

No residence shall be occupied until water service is connected and an approved private sewage is installed. [Obtain septic permits from the Wilson County Health and Safety Office (830-393-8351.] Lot Owners shall not excavate, remove or sell the soil, nor cut, sell or remove timber other than as necessary for the construction of residential and associated improvements upon the property and as may be necessary for the reasonable use, upkeep and maintenance of the property. 

Section 2. Dwelling size. Any single-story residence or garage apartment on any lot must have floor area of the main residential structure, exclusive of porches, breezeways and garages, of not less than 1400 square feet, and any 1 1/2 story or 2 story dwelling must have total floor area of both floors of not less than 1600 square feet, exclusive of porches, breezeways and garages. [A guest house must also meet these requirements and be connected to the primary residence as described in Section 1.]

Section 3. Type of Construction Materials. All structures must be constructed with new materials, except that used brick, stone, wooden beams, doors, and the like may be used for antique effect if such use is appropriate for the structure and does not detract from the appearance of the structure or the subdivision. Any residence, garage, duplex house, or garage apartment must be erected upon a concrete slab foundation….[Pier and beam construction, for example, is prohibited.] 

Section 4. Lot lines/setbacks. No dwelling or structure shall be located closer than 25 feet to the lot line facing any street and no closer than 15 feet from the back and side lot lines….[No permanent or portable structures such as buildings, carports, decks, doghouses, gazebos, arbors, etc. can encroach into the setback areas.] "Back and side lot lines", respectively, as used in this paragraph, in respect to any two or more contiguous whole lots owned by the same owner and used as a single building site, shall mean, respectively, the outermost back lot lines and side lot lines considering said contiguous whole lots as one lot. However, in the event that a single owner shall own two or more adjacent lots, and shall thereafter convey one lot to any third party, the interior lot lines between the lots then owned by separated owners shall be burdened by the setback lines described herein. 

Section 5. Minimum Lot Area. No lot shall be subdivided…. 

 Section 6. Temporary Structures and temporary occupancy. Camping is permitted for no more than 14 days of any 30-day period. [Under no circumstances is anyone allowed to camp on a lot for more than 14 days of any 30-day period. This applies before, during, and after the construction of the residence.] 

Otherwise, no travel trailer, motor home, tent, garage, barn or other outbuilding or structure other than a residence meeting all of the requirements of these subdivision restrictions shall be occupied as a temporary residence….[You cannot live on your lot in anything other than a residence that meets all of the requirements of these restrictions. You cannot live on your lot before or during the construction of the residence. Furthermore, you cannot construct or place on your lot any type of outbuilding until after the completion of the residence as required by Section 1.] 

No travel trailer, motor home, tent, other structure of temporary character shall at any time be left on any lot except (1) during construction of a permanent [residential] structure, or (2) after completion and occupancy of a residence on the lot. [Only after you have poured the foundation of the residence can you leave your travel trailer, motor home, or tent on your lot. However, no one is allowed to live in them before, during, or after the construction of the residence for more than 14 days of any 30-day period.] No residence shall be occupied even on a temporary basis until water service is connected and approved sanitary sewage disposal facilities are installed [as required by Section 1]. 

Section 7. Fences. All fences must be constructed with new materials [and must be attractive. Do not use corrugated metal. Stay within your lot lines.]

Section 8. Driveways. No driveway [or culvert] shall be constructed on any lot until [you obtain a permit from the Wilson County Health and Safety Office (830-393-8351). They must also inspect the completed work. A dip driveway is easier and cheaper to build than one with a culvert which is rarely necessary given our sandy soil. If you choose to install a culvert, the ends must be cut at a 45-degree angle or less.] 

Section 9. Completion of Construction. Exterior construction of a dwelling shall be completed within 6 months. [Other structures must be completed without undue delay. Immediately after construction of any structure, all refuse must be removed from your lot, and all leftover materials must be removed or properly stored as described in Section 12. Do not allow waste concrete or other refuse to be illegally dumped on the roadsides or other lots.] 

Section 10. Water Wells. No water wells shall be drilled on any lot until [you obtain a permit from the Evergreen Underground Water Conservation District (830- 569-4186).] No water well shall be drilled within 50 feet of any electric utility easement. Site location for any water well must be such that any required sanitary easement is provided for and contained on that lot. It is the intent hereof to prohibit any water well which might impair or limit in any way whatsoever the use of any other lot or adjoining land because of the water well and sanitation requirements related to same. 

Section 11. Hunting/Firearms. Hunting and discharging of firearms are expressly prohibited in the subdivision. [Hunting by any means—firearms, archery, pellet gun, etc.—is prohibited. To report violations of this section, call the game warden (210-213-9181) or the Sheriff’s Department (830-393-2535).] 

Section 12. Storage, Garbage, Refuse, and Prohibited Items. No Lot shall be used or maintained as a dumping ground for rubbish. [Keep your lot free of refuse and junk. You can burn refuse in a barrel. Do not put trash, cardboard, scrap lumber, pallets, old furniture, or other household refuse on the ground or on brush piles unless you are going to burn them that very day. Metal of all kinds can be sold for cash at HWY 181 Recycle Center, 210-633-9098, 11618 S US HWY 181, San Antonio, TX 78233.] 

No Lot shall be used for the open storage of any materials whatsoever, which storage is visible from the road, except that any new building materials used in the construction of improvements erected upon any lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, as long as the construction progresses without undue delay, until the completion of the improvements, after which those materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. [Examples of materials include stone, brick, lumber, tile, concrete blocks, shingles, pipes, metal, fencing materials, etc. Unless you are currently engaged in a construction project progressing without undue delay, all materials, pallets, and storage racks must be kept within a suitable enclosure (such as a fully-enclosed shed or privacy fence) to completely shield them from view from the roads and surrounding lots.] 

No leaves, brush, timber, debris, or trash of any nature shall be permitted to be placed, disposed of or burned within the road right-of-ways [from the center of the road, 30 feet on each side]. 

No inoperative or unsightly vehicles shall be stored or kept on any lot, and no automobile or other vehicle shall be kept on any lot for the purpose of repairs except in an enclosed garage or in facilities protected from the view of the public and other residents. [Repairing vehicles in the open is prohibited. All vehicles awaiting or undergoing repair and all tools, equipment, tires, rims, and other parts must be kept inside a garage or shop building with the door shut to completely shield them from view. All vehicles parked outside such facilities must be fully assembled, fully operative, and of neat appearance, with current registration stickers and license plates installed.] 

No automobile, truck, trailer or other vehicle shall be abandoned on this property, nor shall there be any dumping or placing of unsightly objects of any kind on the property. 

Section 13. Use of Lot as Roadway. No lot or any part of a lot shall be used as a street, access road, or public thoroughfare….

ARTICLE IV

General Provisions 

Section 1. Animals. Provided that such use does not create any condition conflicting with the residential nature of the subdivision, the following animals may be raised or kept on the property:

1. Household pets, such as cats, dogs, and birds. [The operative phrase here is “household pets,” meaning animal species that are commonly kept in the house such as cats, dogs, gerbils, hamsters, fish, turtles, canaries, parakeets, parrots, and finches. Animal species not commonly kept in the house such as barnyard animals are not household pets regardless of the size of the animal or whether the owner considers them to be a pet.]

2. Livestock raised as a supervised [4-H or FFA] school project, for so long as used for a school project. [Except for horses or cattle allowed by paragraph 3 below, before placing any other barnyard animal on your lot, you must provide to Shannon Ridge HOA from the supervising 4-H or FFA official a description of your project, including the species, sex, and number of animals involved; the type of project; and the start and end dates.]

3. Horses and cattle, provided that a total of no more than one head per acre of area (with the size of the lot rounded either up or down to the nearest even acre) is kept on the lot.

Otherwise, no animals may be raised or maintained on any lot. [Except for animals allowed by paragraphs 1-3 above, all other animals are prohibited. Here are a few examples of prohibited species: chickens, ducks, geese, turkeys, goats, sheep, donkeys, mules, swine (including potbelly pigs), guinea fowl, peacocks, emus, ostriches, rheas, alpacas, and llamas.]

In no case shall any commercial feed lot operations be allowed, nor the breeding and raising of animals as a commercial operation. [For example, dog breeding and dog boarding operations are prohibited.]

[The Wilson County Animal Control Ordinance requires residents to keep their animals from running loose. Report violations to the Sheriff’s Department (830-393-2535).].



Section 2. Parking
. Both prior to and after the occupancy of a dwelling on any tract, the Owner shall provide appropriate space for off-road parking for his vehicles. 
[Park vehicles on your lot, not the roadsides.] 

All vehicles parked on Lots must have current [safety] inspection and license registration. 

No trucks or trailers of the 18-wheel tractor-trailer rig type or size shall be parked on or adjacent to any lot. [Neither tractor trucks nor semi-trailers are allowed.] 

Section 3. Sewage Treatment. No outside toilet will be permitted. No sanitary sewage disposal system shall be installed on any lot until a permit is issued by the [Wilson County Health and Safety Office (830-393-8351).] 

Section 4. Covenants Running with the Land. All of the restrictions, covenants and easements herein provided for and adopted apply to each and every Lot, and shall be covenants running with the land. The Owner of any Lot shall have the right to either prevent a breach of any such restriction or covenant or to enforce the performance thereof. 

Section 6. Nuisances. No noxious or offensive activity shall be carried on upon the above described property, nor shall any act be performed thereon which shall or may become an annoyance or nuisance to other owners of tracts in the above referenced property. 

[Music: Keep the volume and bass of music way down so as not to disturb others.] 

[Motorized off-road vehicles (such as four-wheelers, golf carts, motorbikes, ATVs, ROVs, UTVs, dune buggies, go carts, etc.): Shannon Ridge is a restricted residential neighborhood, not a track for motorized off-road vehicles; operate them recreationally outside of our neighborhood. The nearest track is Cycle Ranch Motocross Park (www.cycleranchmx.com), 2066 CR 405, 2.5 miles east of Floresville, TX. Quiet, battery-powered off-road vehicles may be used recreationally on lots if they do not generate noise or create some other nuisance.] 

[Wilson County prohibits the operation of all off-road vehicles on our roads for any reason. This prohibition includes all golf carts and vehicles with off-highway vehicle license plates. Report violations to the Sheriff’s Department (830-393-2535).] 

Section 7. Partial Invalidity. Invalidation of any covenant or restriction (by Court Judgment or otherwise) shall not affect, in any way, the validity of all other covenants and restrictions, all of which shall remain in full force and effect. Acquiescence in any violation shall not be deemed a waiver of the right to enforce against the violator or others the conditions so violated or any other conditions. 

Developers: W. C. Hammer, President, Land Systems Company and Glenn Dixon, President, Martex Corporation.

END.



PROCEDURES TO CHANGE THE SUBDIVISION RESTRICTIONS

THE ESTATES AT SHANNON RIDGE

 

1. Per Texas Property  Code, Title 11, Chapter 201. -  In order to change the restrictions of The Estates at Shannon Ridge, two-thirds of the lot owners must approve based on one vote per lot.  If more than one person owns a lot, the intent of the majority shall determine the vote from that lot.

 

2.  A proposal to change the restrictions will trigger a vote by the lot owners when one of the following occurs:

 

     a. Two-thirds of the Board of Directors of The Estates at Shannon Ridge Homeowners Association (SRHOA) vote to support the proposal based on its merits and high likelihood of adoption; or

 

     b. Sponsors of the proposal provide to the board evidence of support from at least 30% of lot owners, and sponsors pay in advance to SRHOA all expenses involved in conducting the vote and changing the restrictions.

 

3.  When a vote to change the restrictions is triggered, the board will choose from among the voting methods allowed by current law (which may include voting in person, by mail, by electronic means, or a combination thereof) and conduct the vote.

 

4.  If two-thirds of the lot owners approve a proposal to change the restrictions, the board will file the appropriate documents in the real property records of Wilson County, Texas, binding all lots in the subdivision.

 For more information see:  https://texas.public.law/statutes/tex._prop._code_title_11_chapter_201


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6/12/23 - 1:15 PM