Double Diamond Property Owner Association

110 Club Drive
Fritch, TX 79036
(806)857-3215

DOUBLE DIAMOND ESTATES PROPERTY OWNERS ASSOCIATION, INC.

RESTRICTIVE COVENANTS

STATE OF TEXAS                               

COUNTIES OF MOORE & HUTCHINSON 

       

          That DOUBLE DIAMOND ESTATES PROPERTY OWNERS ASSOCIATION, INC. has APPROVED and ADOPTED the following Restrictive Covenants as of the date set forth below:

Article I

Definitions

 

1.1        Definitions.

 

(a)         “DDPOA” shall mean Double Diamond Estates Property Owners Association, Inc.

(b)         “Members” shall mean a member as defined in Article III of the DDPOA Bylaws, or other owner, person, firm or corporation owning or occupying real property in the DDPOA.

(c)         “Junk Automobiles” shall mean any non-registered, abandoned, non-operational or dismantled automobile, or parts thereof, that is not completely enclosed in a building or is visible from any street within the DDPOA.

 

Article II

Abatement of Nuisances

 

2.1     Stagnant Water Places.

 

          No Member shall permit holes or places where water may accumulate and become stagnant to remain on property within the DDPOA.

 

2.2     Stagnant Water.

 

          No Member shall permit or allow the accumulation of stagnant water on any property within the DDPOA.

 

2.3     Carrion, Filth or Other Matter.

 

          No Member shall permit or allow any carrion, filth or other impure or unwholesome matter to accumulate or remain on any property within the DDPOA.

 

2.4     Weeds, Rubbish, Junk Automobiles, Etc.

         

          No Member shall allow weeds, rubbish, brush, junk automobiles or parts thereof, scrap metal, scrap lumber, dilapidated buildings or any other unsightly objectionable or unsanitary matter to accumulate or grow on any property within the DDPOA.  Undeveloped lots with native plants do not need to be cleared or mowed until time of development.

 

2.5     Abatement of Stagnant Water and Carrion.

 

          Within ten (10) days after written notice of abatement to (i) a Member owning property within the DDPOA where stagnant water may accumulate and/or is not properly drained or (ii) a Member owning property within the DDPOA upon which carrion, filth or other unwholesome matter has accumulated, such Member shall cure and abate same.  Such written notice of abatement shall be sent to the Member’s last known mailing address.  If the Member ‘s mailing address is unknown, such notice may be given by publication two (2) times in ten (10) consecutive days in newspapers of general circulation in Moore and Hutchinson Counties.

 

          If such Member fails or refuses to cure and abate such nuisances within ten (10) consecutive days after written notification or publication, as the case may be, DDPOA may complete such filling or draining or removal of filth, carrion, or any other unsightly, objectionable or unsanitary matter, or cause the same to be done and may pay therefore and charge the expenses incurred in completing such work to the Member owning the property on which the work is completed.  If such work is completed at the expense of DDPOA, then such expense shall be assessed on the property on which such expense was incurred.

 

2.6     Abatement of Weeds, Rubbish, Junk Automobiles, Etc.

 

          Within ten (10) days after written notice of abatement to a Member owning property within the DDPOA on which such Member allows weeds, rubbish, brush, junk automobiles or parts thereof, scrap metal, scrap lumber, dilapidated buildings, or any other unsightly, unsanitary or objectionable matter to grow or accumulate, such Member shall cure or abate same.  Such written notice of abatement shall be sent to the Member’s last known mailing address.  If the Member’s mailing address is unknown, such notice may be given by publication two (2) times in ten (10) consecutive days in newspapers of general circulation of Moore and Hutchinson Counties.

 

          If such Member fails or refuses to cure or abate such nuisances within ten (10) consecutive days after written notification or publication, as the case may be, DDPOA may complete the cutting down and/or removing of such weeds, rubbish, brush, junk automobiles or parts thereof, scrap metal, scrap lumber, dilapidated buildings or any other unsightly objectionable or unsanitary matter, or cause the same to be done and may pay therefore and charge the expenses incurred in completing such work to the Member owning the property on which the work is completed.  If such work is completed at the expense of the DDPOA, then such expense shall be assessed on the property on which such expense was incurred.

 

2.7     Loud, Disturbing and Unnecessary Noises.

 

          The creation of any unreasonably loud, disturbing or unnecessary noises in the DDPOA is hereby prohibited.  Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the enjoyment, life or health of an ordinary reasonable person are hereby prohibited.

 

          The following acts, among others, are declared to be loud, disturbing or unnecessary noises in violation of this Article; provided, however, that such enumeration shall not be construed to be exclusive of other noises, to wit:

(a)         The playing of any radio, phonograph, amplified loudspeaker, musical instrument or other electronic music playing device  in such manner, or with such volume as to create a noise such as reasonably calculated to disturb a person or ordinary disposition under the same or similar circumstances, residing in a dwelling or other type of residence in the vicinity;

(b)         The use of any motor vehicle so out of repair, so loaded, so modified or so operated in such manner as to create loud or unnecessary noises, such as spinning or squealing tires, grating, grinding, rattling or other noises;

(c)         The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises there from;

(d)        The use of any mechanical device operated by compressed air or otherwise, except pneumatic drills, unless the noise thereby created is effectively muffled and reduced;

(e)         The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between daylight and dark except in case of urgent necessity in the interest of public safety and then only with a proper permit;

(f)          The creation of any excessive noise on any street adjacent to any school or institution which unreasonably interferes with such school or institution while the same is in session;

(g)        The creation of a loud and excessive noise in the connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers;

(h)        The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale of merchandise;

(i)          The use of loudspeakers or amplifiers on any vehicle;

(j)          Yelling, shouting, hooting, whistling or singing on streets within the DDPOA at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, residence or in the vicinity; and

(k)         The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.

 

2.8     Tall Weeds, Grass Prohibited.

 

          No Member shall allow weeds or grass to grow taller than eight inches in height on property within DDPOA.  It shall be the responsibility of each Member or occupant of property within DDPOA to make such disposition of the cuttings as shall protect the DDPOA against fire hazard.  Exception shall be made for undeveloped lots in native state.

 

 

 

2.9     Littering.

 

          No Member shall cast, throw or place or order his/her guest, employee, servant or family member to cast, throw or place any animal, fruit or vegetable, refuse or offal, tin, glass, bones, rags, paper or trash of any kind upon any street, highway, alley, sidewalk or any public or private place or any vacant lot or tract of land within the DDPOA.

 

2.10   Junk Metals and Dismantled Automobiles.

 

          No Member shall maintain an accumulation of junk metals and/or junk automobiles for longer than three months without removing it from DDPOA.

 

2.11   Night Soil.

 

          No Member shall cause or permit any cesspool, septic tank or other receptacle for filth, night soil or human excrement to overflow on the surface of any street, alley, public or private place, or cause or permit the pumping out of cesspools and allow the pumping of the contents onto the surface of any property within the DDPOA for fertilizing or other purposes, or cause or permit the placing or depositing of any liquid or solid matter taken from a cesspool or septic tank upon any lawn, lot or other place within DDPOA.

 

2.12   Penalty.

 

          Any Member who violates one or more of the provisions of this Article may be fined a reasonable amount as determined from time to time by the DDPOA Board of Directors.  Each day of violation of this Article shall continue and constitute a separate offense; provided, however, that the imposition of a fine for any such violation shall not estop any other relief available at law.

 

Article III

Architectural Control

 

3.1     Architectural Control Committee.

 

          There shall be established an Architectural Control Committee, composed of three (3) members appointed by the Board of Directors, to protect Members from such improper use of DDPOA property as will depreciate the value of the property, to guard against the erection thereon of poorly designed or proportioned structures and structures built of improper or unsuitable materials, to insure the best development of all DDPOA property, to encourage the erection of attractive homes and placement of attractive mobile homes with appropriate location on lots, and to maintain proper setbacks from streets and adequate free space between structures.

 

          The Board of Directors and the Architectural Control Committee shall not be deemed to have assumed any liability with regard to any undertaking by consequence of its enactment and enforcement of or failure to enact or enforce minimum standards for any improvements, and by no act or omission shall be construed to impose any liability upon the Board of Directors and the Architectural Control Committee for damages which any Member may sustain.

 

3.2     Construction Materials.

 

          All construction shall be from new materials, except for stone, brick, inside structural material or other materials used for antique decorative effect, provided such uses are approved by the Architectural Control Committee.

 

3.3     Maximum Building Height.

 

          No building exceeding two stories in height shall be erected on any DDPOA lot and each residence shall have a minimum floor area as shown below, exclusive of porches, stoops, open or closed carports, patios or garages.

 

3.4     Approval of Structures and Improvements.

 

          No building, fence or other structures or improvements shall be erected, placed or altered on any DDPOA lot until (i) two (2) copies of the construction plans and specifications, including, but not limited to, specifications of all exterior materials, including color of paint or stain, and (ii) a plan showing the proposed location of the structure shall have been submitted to and approved in writing by the Architectural Control Committee.  If construction is not commenced within eight (8) months after such approval, approval shall be null and void, unless an extension is granted in writing by the Architectural Control Committee.

 

3.5     Sewage Disposal.

 

          No outside toilet, cesspool or privy shall be erected or maintained in the DDPOA.  All sanitary plumbing shall conform to the requirements of the Health Departments of Moore and Hutchinson Counties and the State of Texas (Texas Administrative Code, Title 30, Chapter 285).

 

3.6     Completion of Structures and Improvements.

 

          Construction of any building, structure or improvement commenced upon DDPOA property shall be completed as to exterior finish and appearance within six (6) months after the commencement date.  No lot or portion of any lot shall be used as a dumping ground for rubbish or trash, nor for storage of items or materials (except during construction of a building).

 

3.7     Animals.

 

          No animal, livestock or poultry of any kind shall be raised, bred or kept on any lot or plot within the DDPOA, except for dogs, cats or other household pets, provided such dogs, cats or household pets are not raised, bred or kept for commercial purposes.

 

 

 

3.8     Re-subdivision; No Rental Property.

 

          No DDPOA lot shall be re-subdivided or used as rental property.

 

3.9     Refuse Disposal.

 

          All residences in DDPOA shall use the garbage cans located on Club Drive adjacent to the Clubhouse and will be charged for such usage on their water bills from the City of Fritch.

 

3.10   Signs.

         

          No sign may be placed on DDPOA property without prior approval by the Architectural Control Committee.

 

3.11   Fires.

 

          To assure safety and the natural beauty of the land, ground fires upon DDPOA  property are prohibited.  THERE SHALL BE NO BURNING OF ANY KIND AT ANY TIME WITHIN DDPOA.

 

3.12   Location of Residences.

 

          No residence shall be located nearer than ten (10) feet from the front lot line, nor nearer than four (4) feet from the side or back lot line.  In the event of common ownership of more than one (1) lot and the construction of one dwelling on more than one lot, the combined area shall be considered as one lot for these purposes.

 

3.13   Further Requirements.

 

          Sections 1, 8 and 8A: 1800 sq. ft. minimum floor area, exclusive of porches, stoops, open or closed carports, patios or garages; houses built on-site only – NO MOBILE HOMES, manufactured houses, modular homes or ready built homes;

          Sections 2, 5, 6 and 7:  900 sq. ft. minimum floor area, exclusive of porches, stoops, open or closed carports, patios or garages; and

          Sections 3 and 4: may have camping trailers on the lots.

                    

 

3.14   Mobile Homes. 

 

          All mobile homes must be approved by the Architectural Control Committee and must be skirted within thirty (30) days.  As with all construction, only new mobile homes may be placed in DDPOA and must be HUD Approved.

 

3.15   Validation of Covenants.

 

          Invalidation of any one of these covenants or any portion thereof by a judgment or court order in no wise affects any of the other provisions or covenants herein contained, which shall remain in full force and effect.

 

3.16   Fines.

 

          The Board of Directors may impose any fines it deems necessary for the violation of this Article.  It may also enforce provisions in a court of law.

 

 

 

 

Approved by the Board of Directors of DDPOA this 27th day of September, 2011, but effective for all purposes as of the 1st day of October, 2011.  Orignally adopted June 1973. Revised - June 1977, June 1985, May 1997, October 2011.

         

                             DOUBLE DIAMOND ESTATES PROPERTY OWNERS ASSOCIATION, INC.

 

                             Daymun White, President