STATE OF TEXAS
COUNTY OF LLANO
AMENDED DEERHAVEN RESTRICTIONS AND COVENANTS
WHEREAS Deerhaven is a real estate subdivision situated on Lake Lyndon B. Johnson in Llano County, Texas, and
WHEREAS, Deerhaven Property Owners Association, Inc., a nonprofit Texas Corporation, (hereafter referred to as POA) intends to see the development of this property serve the maximum benefit and pleasure of the owners of lots and homes in the area referred to, and intends to maintain the property values thereof, and does hereby set forth these protective and restrictive covenants regarding the use of said land, and
WHEREAS, THE BOARD OF DIRECTORS OF THE POA has voted to adopt the consolidated and modified restrictions as hereinafter set forth, and such action has been ratified by the majority of the property owners of Deerhaven. Deerhaven Restrictions and Covenants filed of record on December 21, 1983; recorded in Vol. 296, pp. 143-153; and Amended Deerhaven Restrictions and Covenants filed of record on June 1, 1999; recorded in Vol. 994, pp. 188-195, Deed and Official Public Records of Real Property of Llano County, Texas; and Assessments on Deerhaven Properties, filed of record on August 2, 1985; recorded in Vol. 317, pp. 143-144; Amended Assessments of Deerhaven Properties, filed of record on June 20, 2003; recorded in Vol. 1214, pp. 527 and on April 29, 2008 recorded in Vol. 1471, page 107, Official Public Records of Real Property of Llano County, Texas.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the heretofore original Deerhaven Sections I, II, and III as shown on the map or plats of Deerhaven filed in Llano County Plat Records Volume 1, pages 21, 23, 24 be consolidated and that all of the said area hereafter be known only as DEERHAVEN AND THAT Deerhaven POA does hereby make and file the following declarations, reservations, protective covenants, limitations, conditions and restrictions regarding the use of the lots located in Deerhaven, the structure to be placed thereupon, and the development of the area in its entirety, as follows:
1. A. Structure Construction: Prior to the issuance of a building permit, the property owner shall stake the property corners to assure that the construction conforms to property lines, utility easements and set back restrictions. Approval shall be obtained from the appropriate regulatory authority for a septic system or connection to the existing sewer system and all fees paid before a building permit will be issued by the Deerhaven POA. No building or structure of any nature whatsoever shall be commenced, erected or maintained, nor shall any addition thereto or change or alteration thereof be made on any part of said land until plans and specifications, including design, plot plans and grading plans have been submitted to Deerhaven POA, and all of the same, as well as the lot or plot upon which all buildings, improvements or structure of any kind are to be constructed, have been approved in writing by Deerhaven POA or its representatives. All structure color should be consistent with the majority of existing structures in Deerhaven. In passing upon all of such plans, specifications and drawings, Deerhaven POA or its representatives may take into consideration, among other things, the suitability of any such proposed building or the structure and materials of which it is to be constructed and the effect thereof upon adjacent, neighboring or other lots or plots, taking into consideration the preservation of the views of existing homes. This requirement extends to both houses and piers and other structures in the water as well as on the land. It also applies to any sea walls or moving of soil in de minimis amounts, in or out of the water.
The installation of yard and lawn watering systems which connect to the central water supply require a permit from the City of Horseshoe Bay.
In the event Deerhaven POA or its designated representatives fails to approve or disapprove the design, plans and locations of the proposed structure within 30 days after plans and specifications have been submitted to it, and if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to completion thereof, such approval will not be required and this covenant will be deemed to be fully complied with. Deerhaven POA may give notice of its disapproval by delivery to the owner of the lot, either in person, by registered, certified, or overnight delivery addressed to him/her at his/her last known address, or by delivery to the persons working on said construction site which notice shall set forth the elements disapproved and the reason therefor. The notice need not contain suggestions as to the methods of curing the matters and things disapproved. The judgment of Deerhaven POA or its representative shall in all things be final.
For the purpose of safe and sound construction, all structures shall be built in accordance with standard and recognized building codes. Inspection for conformance to such codes shall be by a certified inspector at the owner’s expense. When inspections are required, the Owner shall retain the services of an inspector and submit his/her name, address and phone number to the POA or its representative prior to commencing work. Upon completion of the work, a certification, signed by the inspector, stating that the construction was built in accordance with standard and recognized building codes shall be sent to the POA or its representative. Permit fees shall be determined by the Board of Directors of the POA.
B. Hobby greenhouses are permitted, subject to the following criteria: (1) No greenhouse may be larger than 150 square feet. (2)Framing material shall be metal or a material approved by the POA or its representative. (3)The structure shall be designed and anchored according to manufacturer’s recommendation. (4)A permit, issued by the POA through its Architecture Committee, is required for the building of a greenhouse and fees will be charged by the POA for said permit. The location of each greenhouse will be approved by the POA Board of Directors upon recommendation by the Architecture Committee.
C. Butane/Propane Tanks A permit by the POA , through the Architecture Committee, is required prior to the installation of a butane/propane tank for storage of gas. Such tank must be either buried or architecturally concealed. If buried, it shall be in compliance with standard State of Texas building codes. If installed above-ground, the architectural concealment shall be approved by the POA or its representative, prior to the issuance of the required permit.
2. LOCATION AND SIZE OF STRUCTURES ON LAND: Any single family residence constructed on a lot must have a total heated and cooled living area of not less than 1800 square feet. Any multiple unit dwellings, such as duplexes and garden homes, constructed on a lot must have per unit heated and cooled living areas of not less than 1550 square feet. The square footage measurements cited above for both single family dwellings and multiple unit residences shall be exclusive of open or screened porches, terraces, patios, driveways, carports and garages. The exterior walls of any residence and any garage, attached or detached, shall consist of not less than fifty (50) percent stone, brick, or stucco and will occupy a maximum of fifty (50) percent of the lot. All storage or out buildings, excluding greenhouses, shall be constructed of the same material (excluding masonry) and of the same design as the residence. No building shall be located on any residential lot nearer than thirty (30) feet to any street, save and except lots 50 through 52 inclusive and lots 61 and 62 which shall be fifteen (15) feet from the street line and lots 53 through 60 inclusive which shall be ten (10) feet from said line; provided that on corner lots no building shall be located nearer than ten (10) feet to the side street. No building shall be located nearer than five (5) feet to any interior lot line, except that in the event of common ownership of more than one lot and the construction of one building on more than one lot, the combined area owned shall be considered as one lot for this purpose. The house set back requirements will be measured from the property line to the foundation line of the house, including the furthermost extension such as porches, decks, brick ledges and columns. Variations from these requirements as to building location may be granted by Deerhaven POA subject to the approval by all abutting property owners. Where reference is made to “lot”, it is intended to refer to the lots as set forth on the plat referred to above. No residential lot may be resubdivided; provided, however, where desirable to adjoining property owners, small areas may be transferred from one owner to another with the approval of Deerhaven POA. All development for either multi-family dwellings on a single lot or single family dwellings on multiple lots shall be legally replatted and filed at the Llano County Commissioners Court before a building permit is issued.
POA BOARD NOTE: (for clarification) in Restriction 2: The term “street” means the street property line where the street right-of-way abuts the lot’s property line. This clarification is consistent with the remainder of Restriction 2 which states that “set back requirements will be measured from the property line to the foundation line of the house”. (Clarification Note adopted at February 21, 2015 Board Meeting. Modified at February 26, 2022 Board Meeting).
3. LOCATION OF PIERS AND BOATHOUSES: No structure, boathouse, pier or dock of any kind, shall be erected, altered, or placed which extends into the water more than 30 feet from the outside or water edge (save and except on lots 23 through 26 inclusive where an extension of 50 feet is permitted), nor shall the structure be closer than 10 feet to any projected side property line of the lot, No covered structure shall extend more than 40 feet parallel to the water edge nor shall such covered structure have a total height of more than 22 feet above mean lake level. Approval of plans and locations must be obtained in writing as provided above, but the following requirements are set forth in order to assure adequate boat passage to other lots; structures may not extend into the water from the edge of the land any greater distance than set forth below on lots named: lot 27, 10 feet; lot 28, 6 feet from present water line; lot 29, 6 feet from present water line; lot 37, 15 feet; lot 38, 10 feet; lot 48, 10 feet; lot 64, 10 feet; lots 61, 62, and 63, 15 feet. No boathouse, pier or dock of any kind shall be constructed on any lot unless it is built simultaneously with a residence on said lot or after the residence on said lot is completed.
4. A. RESIDENTIAL USE: Only one single family residence, and incidental out-buildings, shall be constructed or permitted to remain on any lot, and no lot and no residence or outbuilding located on any lot, shall ever be used by other than a single family residence, or normal purposes incidental thereto. No garage or out-building on any lot shall ever be used as a residence or as living quarters, except by servants engaged on the lot. This paragraph applies only to the residential lots and not those designated on the plat as limited commercial. Except for those designated as limited commercial on the map or plat referred to above, the lots of Deerhaven shall be used for residential purposes only. No camping shall be allowed on any residential lot or in any Park Areas in Deerhaven. No residence or combination of residences on separate lots shall be advertised for use or used as a hotel, tourist cottages or as places of abode for transient persons. If one or more contiguous lots are owned by the same person and a single family residence has been constructed on one of the subject lots, detached outbuildings shall be allowed on the unimproved lots; provided, however, that the property owner has had the lots re-platted, in perpetuity, as a single lot, by the Commissioners Court of Llano County, Texas.
B. LIMITED COMMERCIAL. What uses will constitute limited commercial will be in the sole discretion of Deerhaven POA. The POA shall consider the effect such business will have on other properties in the subdivision. If a residence shall be constructed on any lot, the lot may not thereafter be used for business purposes. No camping shall be allowed on any commercial lot.
C. The zoning of any lot owned by the POA shall be determined by a majority vote of the Directors of the POA.
5. No building of any character may be moved from outside the area of said Deerhaven to any lot thereon, excepting only a structure such as may be used by workmen during the actual period of construction of a residence only in accordance with all restrictions hereof, and, in any event, not to exceed 12 months or the completion of building, whichever date or event shall first occur.
6. No building shall be occupied until fully completed, inside and out, connected to an approved septic or sewer system and final building inspections are complete. Building time is limited to twelve (12) months from commencement of construction. An extension permit may be issued by the Architectural Committee.
7. No noxious or offensive trade or activity shall be carried on or maintained on any lot in said Deerhaven, nor shall anything be done thereon which may be or become a nuisance in the neighborhood.
8. 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. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and are not to be stored on the street. Each owner of an improved lot shall be responsible for keeping his/her property free from debris, rubbish or trash of any kind. Landscaping shall be properly maintained by the owner. No owner of any lot, improved or unimproved, shall be permitted to store unsightly matter of any kind on the lot or in any street or roadway.
9. No hunting is allowed and discharge of firearms in this subdivision is strictly prohibited.
10. SEWAGE: No cesspool or other individual sewage system shall be constructed or utilized on subject property except a septic tank of the type and size required by the Lower Colorado River Authority, nor can the use of outside toilets be permitted under any circumstances, except during construction.
11. UTILITY EASEMENTS: An easement is expressly reserved in, on, over, under and through those portions of the lots as shown on said plat and map of Deerhaven to the extent of 5 feet in either direction from any and all tract lines and from any and all street lines, for the purpose of constructing and maintaining and permitting the construction and maintenance of pipe lines, conduits, telephone, telegraph and electric light poles, towers and other equipment necessary to supply any public or private utility service. Fences, driveways, walls, and shrubbery hedges, but not buildings or structures of any character, may be erected and maintained on such reserved easements, provided: (1) that such fences, driveways, walls, and hedges do not interfere in any way with the use of such easements by the public or private utilities then utilizing or thereafter desiring to utilize the same, and (2) that the rights of the owners of such fences, driveways, walls and hedges shall at all times be and remain subordinate and inferior in every way to the rights of the public or private utilities, and (3) that such public or private utilities at any time may, without liability of any kind to the owners or owners there of, remove any such fence, driveways, wall, or hedge where the removal of the same is incidental to the performance of public or private utility operations. No building overhang can extend into a utility easement without permission of the utility companies involved.
12. 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 do not create an annoyance or nuisance to the neighborhood. Dogs should be kept under leash when walked or exercised away from the pet owner’s property. Clean up after dogs, on established lawns, improved properties, and in the park, should be done by the dog’s owner. Dog owners are responsible for the actions of their dogs and all pet owners are subject to the terms and conditions of the applicable Llano County Animal Nuisance/Control Ordinance. Each property owner is further responsible for compliance hereto by the lot owner’s family members and guests.
13. VIEW OBSTRUCTION: No fence, wall or hedge higher than 3 feet shall be located nearer any front street line or waterfront line than 30 feet, or nearer any side street line than 25 feet. Nor shall any fence or wall more than six (6) feet in height be constructed in Deerhaven.
POA BOARD NOTE: (for clarification) In Restriction 13: “Front street line” and “side street line” mean the property lines, not the edge of the road pavement. The fence set-back requirement is measured from the property line to the fence, on the abutting front and/or side streets. This is consistent with all set-back measurements and other occurrences of “street line” in the Restrictions as well as being the common legal definition of the term. (Clarification Note adopted at April 12, 2014 Board meeting. Modified at February 26, 2022 Board Meeting).
POA BOARD NOTE: (for clarification) In Restriction 13: This restriction was affected by Texas Law in 2021 (SB1588) so refer to the September 21, 2021, Llano County filing. The legal interpretation of SB1588 changed this restriction to allowed fences are “not more than four feet in height within 30 feet of any street line or waterfront line and is not more than six feet in height otherwise”. Furthermore, “View Obstruction” is the concern in Restriction 13 so fence opacity is a large factor in considering any variances. Low opacity fences (like wrought iron) are not “view obstructing” in general. (Clarification Note adopted at February 26, 2022 Board Meeting).
14. SIGNS: No sign, for any purpose, except as described herein, may be displayed to the public view on property, unless approved by the POA. The following signs are allowed: (1) Political signs to the extent expressly permitted by Art. 202.009 of the Texas Property Code or other applicable laws. (2) Contractors’ signs displayed during a building project, as described in the Building Permit adopted by the POA.
15. MAINTENANCE FUND: An assessment per lot per year shall run against each lot in Deerhaven in said subdivision, and shall be payable July 1st in advance each year. All multiple units properties (duplex, etc.) will be billed full assessments per unit as if they are one house on one lot. Only adjoining lots, owned in common, on which a building (house or garage) is physically present can be considered as one lot for assessment purposes. Such assessment shall be secured by a lien on each lot respectively, provided that the lien herein created securing payment of said assessment shall automatically become second and inferior to any voluntary lien including any renewal and extension thereof, created on any lot or lots in said subdivision by an owner thereof by a mechanic’s and materialmen’s or builder’s lien for the purpose of constructing improvements thereon. Such subordination of lien is to extend only so long as said indebtedness is owing. Said fund is to be collected and disbursed by the officers of Deerhaven POA. This fund in all events shall be used for the purpose of maintaining and constructing streets and parks, of developing and improving the common interest, of collecting and disposing of garbage and rubbish, of maintaining and operating any swimming pools and piers, and doing any other things necessary or desirable in the opinion of the Deerhaven POA to keep the property attractive, clean and in good order. The foregoing does not obligate the Deerhaven POA to provide garbage disposal service to any lot owner, nor to construct a swimming pool or other new structure. Any purchaser of any lot or lots in any section of Deerhaven shall be required to be a member of the Deerhaven POA and pay membership fees as determined by the Deerhaven POA Board of Directors.
16. PARK AREA: All property owners and members of their families and guests shall have ingress and egress to the lake through the park areas as shown on the plat of record of Deerhaven. All Parks, lake and beach improvements shall be available for use of the property owners and their families and guests at their own risk. The POA has the power to adopt rules for governing the use of the park and its amenities. The keys for the swimming pool, boat launch, tennis court, and restroom shall be restricted to Deerhaven Property owners. Owners of vacant lots are eligible to receive a key to the park facilities after payment of an annual fee determined by the POA.
17. WEEDS: The owner of each lot shall keep the same clean and free of weeds such as will be in keeping with the other property and the community at any particular time. Upon failure to do this, Deerhaven POA may have the lot cleaned and the cost or expense thereof shall be payable by the owners to the Deerhaven POA.
POA BOARD NOTE: (for clarification) In Restriction 17: For the purpose of FIRE SAFETY (and aesthetics), the community asks that lot owners keep lots free of weeds, dead vegetation, dead grass, underbrush, dead trees/branches, small cedar trees, and low cedar branches. The fire-fighting contract with the City of Horseshoe Bay and our safety require this. “The Trails” fire in the fall of 2020 could have burned numerous homes in Deerhaven and we have limited paths of egress. (Clarification Note adopted at February 26, 2022 Board Meeting).
18. Vehicles, including golf carts, shall be parked in garages, carports or driveways. No trailer, recreational vehicle, boat or commercial vehicle may be permanently stored or kept on any lot except and unless it be placed in an enclosed structure by the property owner. The parking of a recreational vehicle at a residence will not exceed five (5) days. Continuous parking on roads or streets shall be prohibited except for visiting purposes only. The POA provides a lock-up area for the storage of boats, boat trailers and trailers for an annual maintenance fee determined by the Board of Directors.
19. UNSIGHTLY STORAGE: No unsightly storage shall be permitted whether within an open carport or outside in the open that can be viewed by the public from the street or water. The only methods allowed for the disposal of cleared, heavy underbrush are: (1) chipping on site; (2) carried to a site outside of Deerhaven for disposal; or (3) burning on site in accordance with restrictions set forth below. All disposals must be completed within thirty (30) days. In the event the owner fails to comply with the above terms, the Deerhaven POA will arrange for the disposal of the brush and/or trees and will bill the lot owner. The Architectural Committee will have sole control over the interpretation of these conditions. A property owner may burn on his or her property, providing the following criteria are adhered to: (1)There must be an available source of running water: (2) Sufficient length of water hose in place to provide adequate safety measures; (3) No fire can be larger than 6 ft. by 6 ft. by 6 ft. (4) Any fire, including smoldering residue, must be attended at all times until it is completely extinguished. If there is a violation of these provisions, the POA may, at its discretion, contact the fire department and have the fire extinguished. The cost of doing so will be billed to the property owner. (5) The Llano County Sheriff’s office should be notified before any burning on property.
Contractors are prohibited from burning in Deerhaven. All cleared vegetation and construction debris must be removed from the property to a site outside Deerhaven within thirty (30) days.
20. FIREWORKS: No fireworks are allowed within the subdivision, except for commercial displays that have been pre-approved by the Board of Directors.
21. AMENDMENTS: Any and all of the covenants and restrictions herein may be annulled, amended or modified at any time by a vote of two-thirds of the Board of Directors of the Deerhaven POA and ratified by a majority of the lot owners. All lot owners shall be given 30 days notice in writing of any proposed amendment before the same is adopted. The person or persons requesting an amendment shall bear all expenses of such amendment.
22. All of the restrictions, easements and reservations herein provided and adopted shall apply to each and every lot therein, and shall be taken and deemed as covenants running with the land; and as and when such lot or lots are conveyed the same shall be conveyed subject to such restrictions and reservations herein and also such as are shown on the map or plat of Deerhaven, Section I, II and III, Llano County, Texas, as recorded in Llano County Plat Records, at Volume One, Pages 21, 23, and 24, respectively. When such reservations, easements and restrictions are so referred to by reference thereto in any such deed or conveyance to any lot or lots in said Sections I, II and III, the same shall be of the same force and effect as if said restrictions, covenants, easements and reservations were written in full in such conveyance and each contract and deed shall be conclusively held to have been so executed, delivered and accepted upon the express conditions, reservations, easements and restrictions as herein stated and set forth.
23. All covenants and restrictions are for the benefit of the entire Deerhaven and shall be binding upon the purchaser or his successors, heirs and assigns.
24. All lots are further subject to all easements of record, particularly including, but not limited to, those certain easements in favor of the Lower Colorado River Authority of record in Volume 80, pages 631 et seq., respectively, of the Deed Records of Llano County, Texas, to which deeds and the record thereof reference is here made for purposes of notice and description.
25. PARTIAL INVALIDITY: Invalidation of any covenant, restriction, etc., shall not affect in any way the validity of all other covenants, restrictions, etc. Acquiescence in any violation shall not be deemed a waiver of right to enforce against other violations of the same or other conditions. The Deerhaven POA or its representative can require any violation to be corrected at owner’s expense, such expense to become a lien against the property if not promptly paid, provided that such lien herein created securing payment of said expense shall automatically become second and inferior to any voluntary lien.
This Amended Declaration is executed this 24th day of June, 2008, at Llano, Texas.
DEERHAVEN PROPERTY OWNERS ASSOCIATION
By Signed by Ron Estes
Ron Estes, President
Signed by Mary Armagost
Mary Armagost, Secretary,
Deerhaven Property Owners Association
STATE OF TEXAS
COUNTY OF LLANO
This instrument was acknowledged before me this 25 day of JUNE, 2008, by in behalf of such corporation
Signed by M Arlene Wieland
Notary Public, State of Texas
My commission expires: 08/11/2009
RECORDED ON 6/26/2008 IN VOLUME 1478 PAGES 61- 68 OF
THE OFFICIAL PUBLIC RECORDS OF LLANO COUNTY TEXAS