|Property Owners Additional Rules--June 7,
Property Owner’s Additional Rules
AMENDED ADDITIONAL RULES OF THE WILDERNESS
The Board of Directors of The Wilderness Property Owners Association, Inc., a Texas non-profit corporation, hereinafter called the “POA” pursuant to the
authority granted in the recorded Restated and Amended Declaration of Covenants, Conditions, and Restrictions of The Wilderness, hereinafter called “the
Declarations” hereby adopt the following rules:
A. Roadway Use Restrictions
B. ROADWAY LOAD RESTRICTIONS
C. Special Road Use Permits
PROPERTY USE RULES
A. Camping on Lots
Up to two units may remain on a lot for 4 consecutive days. With prior notification to The Wilderness office, up to two units may remain up to 10
consecutive days, limited to 3 times per year.
B. Rubbish, Trash, Garbage
Dumpsters are provided for HOUSEHOLD REFUSE ONLY. Empty boxes must be flattened before being placed in the container. Tree limbs, leaves or
scrap wood and large empty boxes must be placed on the burn pile. No remodeling or contractors waste is allowed. No trash, garbage, trees, refuse, or
other waste generated outside of The Wilderness may be dumped in the Wilderness with the exception of household garbage generated by an Owner
who does not reside in The Wilderness. An Owner may not give anyone else permission dump any item in the Wilderness. No trash shall be left on the
ground, even if the dumpsters are full.
C. Parking/Storage for RV’s , Boats, Trailers and Other Items in Community Lot
Parking and storage space in the community lot is BY ASSIGNMENT ONLY and is at the risk of the Owner. The POA assumes no liability and provides no
security. No commercial units are allowed. Before parking or storing any object a description of the object to be parked or stored and the license number,
if applicable, must be submitted to the office and permission received for storage. All storage must in the assigned space only. The Board of Directors
reserves the right to refuse permission to store any item that in its discretion it deems inappropriate.
D. Tennis Court Specifications
2. The Court
3. Court Fencing
5. Landscape and Maintenance
E. Gates and Fencing
Fences and gates must be at least 80% visually open. Only wrought iron or visually equivalent fencing or split rail fencing may be used. The use of
materials such as brick and stone for line and corner posts is encouraged. Only stone or brick walls may be used as a wing wall/accent or gate support for
an entry and may not exceed eight feet in height and not more than 12 feet in length.
Fences may not exceed a maximum height of 72 inches. For split rail, a minimum of 2, but no more than 3, horizontal rails are required. Construction of
solid fencing is limited to privacy screening of an atrium type area associated within the design of the home structure. Such fencing to be allowed only on
the side or rear of the home as viewed from the road. Each end of the fencing shall be terminated on an exterior wall of the home. The fencing may not
extend beyond 15 feet on the side of the home structure, beyond 20 feet of the rear most part of the home structure or within 10 feet of a property line.
Maximum area to be enclosed is 300 Square Feet. Material may be Cedar, Redwood or as approved by the ACC. The color must be natural and/or
harmonious with the exterior of the home.
In order to have a fence considered for approval the following must be sent to the A.C.C.: A site plan of the lot, house, and location of the fence, gates, and
any recorded drainage easements. An example of the fence type including; height, color, design style and attach a landscaping drawing showing fence
plantings if applicable.
F. Building Permit Applications
No building permit will be issued until the general contractor and Owner(s) have personally attended a meeting with the A.C. C. and at least one member
of the Board of Directors for the purpose of reviewing the building permit application, the plans and specifications of the construction or improvement, and
the rules provisions of the Declarations pertaining to such construction and use of the roadways and common grounds. The Board of Directors or its
designee shall set the time and date of the meeting as much as practical for the convenience of the owner(s) and shall be within the 30 day time period for
approval or rejection of the building permit application. Failure of the Owner(s) or the general contractor to attend such meeting shall be deemed non
compliance with a request relevant to the approval or disapproval of said application and will constitute a basis for the denial of said application. This
requirement may be waived by the board of directors if the owner(s) and contractor have attended a prior meeting under this provision.
G. Applications for a Variance or Amendment to Plans and Specifications
There is no application fee for a variance or amendment to previously approved plans and specifications if construction on the item which is the subject of
the application for a variance or amendment to plans and specifications has not begun. After construction of any kind has begun which is in variance with
any provision of the Declarations or rules, a non refundable variance application fee of $1000.00 will be charged. A non refundable application fee of
$300.00 will be charge for an amendment to previously approved plans and specifications which are not in variance with the Declarations or rules after the
non conforming construction has begun. The payment of the fee and the request for a variance or amendment does not guarantee that a variance or
amendment will be granted.
H. Failure to Mow Lots
In addition to the remedies provided in the Declarations for assessing a fine against an Owner for failure to mow his lot in accordance with the
Declarations, the following rules apply to any second and subsequent violation of said mowing regulations committed within the same calendar year:
On the 11th day after the Owner has been notified that the condition of his lot is not in compliance with the
Declarations, a fine of $50.00 will be assessed as well as an addition fine of $10.00 per day thereafter until compliance is achieved. If the non compliance
still exists after 30 days from Owners initial notification the Board will take corrective action as stated in the Declarations. Cumulative fines will cease upon
completion of the corrective action.
ENFORCEMENT, FINES, FEES, AND ROAD DAMAGE
1. Home construction or additions: $ .88 per sq. foot
All home construction must be completed within 240 days unless an extension of such time has been granted by the A.C.C. in response
to a written request setting forth reasons for delay. If construction is not completed within the 240 days or the agreed extension, a penalty
of 10% of the permit fee per month will be assessed.
2. Pools: $2.00 per sq. foot.
Total fee based on excavated area and includes 1000 sq.ft. of walks, decks, etc.
3. Boat House construction: $ .30 per sq. foot
4. Any other project requiring delivered Concrete, $ .30 per sq. foot
Paving, stone, rock, asphalt etc.
10. Dirt hauling or other material (in or out) $25.00 per load (Not part of permitted construction)
6. Permit fee for exceeding weight limit $500.00-$2000.00 per load
7. Water meter connection fee $2000.00
8. Association annual dues 2009 $400.00
9. Request for variance $1000.00
(After construction of item in variance begins)
10. Request to amend plans and specifications $300.00
(After non conforming construction begins)
B. Identified and Allocated Road Damage
The required impact and permit fees allow the right to use the roads of The Wilderness within the limits of these regulations and the terms of the permit.
The mere use of the roads will cause damage and wear which will necessitate eventual repair even though the damage is not visible. Regardless of the
payment of fees or the issuance of any road use permit the Owner(s) are liable for the actual costs of repair for any visible damage to the road or other
common property or structures caused by the use of the roads by the Owner, his agent, servant, contractor, tenant, or invitee. The actual costs will be
calculated based upon the costs to repair only the damage cause by Owner or his agents, servants, contractors, tenants or invitees. If Owner elects to
repair the damage, said repair must be made under the supervision of and to the satisfaction of a representative of the Association. Said repair must be
completed 60 days after notification to Owner by a representative of the board of directors that repair must begin. If said repair has not been completed
within 60 days after notification, the Board of Directors may elect to finish the repair and the cost of said repair will be assessed against Owner as
1. Speeding: $25.00-$200.00
2. Road use, load, or permit violations
(a) Exceeding Weight Limits without permit: $750.00- $5000.00
(b) Entry without permit when no fee required $500.00- $1000.00
(c) Exceeding permitted weight limit $500.00- $4000.00
(d) Violation of any other term of road use permit,
permit regulations, load or use requirements $25..00-$2000.00
not otherwise specified.
3. Underage driving or driving on unpaved
shoulders or ditches: $25.00-$200.00
(plus cost of damage repair, if any)
4. Violations of Dumping regulations $25.00-$200.00
5. Failure to mow lots, 2nd and subsequent violations
within same calendar year.
i. assessed on 11th day after notification $50.00
ii additional fine per day after 11 days $10.00
6. Beginning construction of any building
or improvement requiring a building permit
without obtaining a permit or in violation of
the terms of any permit issued. $25.00-$200.00 per day of violation
7. Violation of any other provisions of Article II,
III, or IV of the Declarations not otherwise
specified in the Declarations or these Amended
Additional Rules $10.00- $200.00 per day of violation
D. OWNERS RESPONSIBILIY FOR ALL VIOLATIONS
The Owner(s) are responsible for the conduct of their guests, invitees, children, agents, servants, contractors, or tenants, or for the conduct of guests,
invitees, children, agents, servants, or contractors of their tenants. Any fines, fees, assessments for damage, or any other monetary obligation created by
these Additional Rules which is assessed against an Owner because of the conduct of his guests, invitees, children, agents, servants, contractors, or
tenants or because of the conduct of the guests, invitees, children, agents, servants, or contractors of the tenant is the responsibility of the Owner(s). All
fines, fees, penalties and damages assessed pursuant to these Additional rules shall be enforceable as special assessments as provided by the
E. No Repeal of Existing Declarations
These Additional Rules do not and are not intended to repeal or modify any provision of the Bylaws or Declarations which require a vote of 75% of
homeowners. These Additional Rules are intended to supplement provisions in those areas that the Declarations and Bylaws provide that the Board of
Directors may do so. Any conflict between the Declarations or Bylaws which require a vote of 75% of homeowners to modify and the Additional Rules shall
be resolved in favor of the Declarations and Bylaws.
Texas Statutes Property Code: Chapter 202 and 209 http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm