Spanish Cove Subdivision

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By-Laws and Deed Restrictions



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DocumentDeed RestrictionsDeed Restrictions
DocumentBy-LawsBy-Laws 5-6-2009
DocumentGeneral LiabilityCertificate of Insurance
                                                                                                 
     BY-LAWS
     OF THE
     SPANISH COVE CIVIC IMPROVEMENT CORPORATION
                                                                                                       

 

ARTICLE I

NAME AND LOCATION

 

Section 1   Name and Principal Office:  The name of the Corporation is Spanish Cove Civic Improvement Corporation, hereinafter referred to as “the Corporation”.  The principal address of the Corporation shall be P.O. Box 713, Huffman, Texas 77336.  The meetings of members and directors may be held at such places within the Huffman Independent School District within Harris County, Texas, as may be designated by the Board of Directors.

 

Section 2   Registered Office and Agent:  The Corporation shall have continuously maintained in the state of Texas, County of Harris, a registered office and a registered agent, whose office is identical with such registered office.

 

ARTICLE II

DEFINITIONS

 

Section 1   “Corporation” shall mean and refer to Spanish Cove Civic Improvement Corporation.

 

Section 2   “Properties” shall mean and refer to that certain real property being subject to the jurisdiction of said Corporation.

 

Section 3   “Lot” shall mean and refer to any plot of land, exclusive of reserve areas, shown upon any recorded subdivision map or the properties.

 

Section 4  “Member” shall mean and refer to every person or entity who owns a lot or fractional portion of any lot in Spanish Cove addition in Harris County, according to the map or plat thereof, recorded in Volume 103, Section I, Pages 374-382, Section II, Pages 435-441, of the Map Records of Harris County Texas, or any replats of any of the sections of Spanish Cove Civic Improvement Corporation, shall automatically be a member of the Corporation, provided that any person holding a security interest of any lot or portion thereof in any such section of Spanish Cove shall not be a member.

 

Section 5   “Owner” shall mean and refer to the recorded owner, whether or not one or more persons or entities, of the fee simple title to any lot which is part of the property.

 

ARTICLE III

MEETINGS OF MEMBERS

 

Section 1   Annual Meetings:  An annual meeting of the members shall be held on or close to the first Wednesday of January at the hour of 7:00 P.M. for the purpose of electing directors and for the transaction of such other business as may come before the meeting If the election of directors shall not be held on the day designated herein for any annual meeting, or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting of the members as soon thereafter as possible.

 

Section 2   Regular Meetings:  Regular meetings of the members shall be held on or close to the first Wednesday of each month at 7:00 P.M. or date at discretion of Board President.   Place of regular meetings, as designated by the Board of Directors, within Huffman Independent School District, within Harris County, Texas.

 

Section 3   Special Meetings:  Special meeting of the members may be called by the President, a majority of the Board of Directors, or by petition in writing with a minimum of fifteen member’s signatures.

 

Section 4  Place of Meeting:   The Board of Directors may designate any place, within the Huffman Independent School District, within Harris County, Texas, as the place of meeting for any annual meeting or for any special meeting called by the Board of Directors.

 

Section 5   Notice of Meetings:  Notice will be given to the members by placing the appropriate information mentioned above on a notice posted at the entrance to Spanish Cove and at www.spanishcovelakehouston.com  at least three (3) days prior to the meeting. Notice of meetings will also be given in the "Spanish Cove Newsletter".  In case of a special meeting or when required by statute or by these By-Laws, the purpose or purposes for which the meeting is called shall be stated in the notice. 

 

Section 6   Quorum: Fifteen voting members shall constitute a quorum at any such meeting.

 

Section 7   Proxies: At any meeting of members, voting can be in person or by proxy.   Proxies will be valid for 90 days from the date the voting member giving the proxy signs the proxy.

 

Section 8  Voting member:   A voting member will only constitute those who are current or no more than 3 months in arrears and owe less than $25.00 in maintenance fees accrued during their tenure of ownership of a lot or a fractional portion of any lot in Spanish Cove.  Only one vote per lot is allowed and that vote may be cast by a voting member from that lot. Voting members with multiple lots are allowed one vote per lot not to exceed the numbers of annual Spanish Cove maintenance fees paid.

 

Section 9   Voting:  Member must be present at meeting to vote, except as detailed in Article III, Section 7.

 

                                                                   ARTICLE IV

                                                        BOARD OF DIRECTORS

  

Section 1   General Powers:   The affairs of the Corporation shall be managed by its Board of Directors.

 

Section 2   Number, Tenure, and Qualifications:  The number of directors shall be seven.

The Board can be decreased to five by a majority vote of the Board prior to the next annual election.  Each section should have at least one representative.  Each director shall hold office until the next annual meeting of members and until his successor shall have been elected.  Only voting members as defined in Article III, Section 8, may hold a position on the Board of Directors.  Only one member per lot may serve on the Board of Directors at a time.  President and Treasurer shall be bonded for the faithful discharge of their duties in such sum and with such surety of sureties as may be determined for the offices in which cost shall be borne by the Corporation.

 

Section 3   Board Meetings:  Meetings of the Board of Directors may be called by any board member.  The meeting location will be determined by the President, within Huffman Independent School District, within Harris County, Texas.

 

Section 4   Notice:  Notice of any meeting of the Board of Directors shall be given at least a two (2) day notice. 

 

Section 5   Quorum:  A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board.

 

Section 6   Manner of Acting:  The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these By-Laws.  Any legal actions or lawsuits initiated by the Board on behalf of the Spanish Cove Civic Improvement Corporation need prior approval from a majority of the Board.

 

Section 7   Vacancies:  Any vacancy occurring in the Board of Directors shall be filled by the Board of Directors.  A director elected to fill a vacancy shall be elected by a simple majority vote of the Board of Directors for the unexpired term or the vacancy.

 

Section 8   Compensation:  Directors as such shall not receive any stated salaries for their services.

 

Section 9   Informal Action by Directors:  Any action required by law to be taken at a meeting of Directors, or any action which may be taken at a meeting of Directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors.

 

Section 10   Removal:  Any Board member may be removed from the Board with cause by a majority vote of voting members at a special called meeting of the membership.

  

                                                                    ARTICLE V

                                  NOMINATION AND ELECTION OF DIRECTORS

 

Section 1   Nomination:  Nomination for election to the Board of Directors shall be made by a Nominating Committee.  Nominations may also be made from the floor at the annual meeting.  The Nominating Committee shall consist of a Chairman, who shall be the Fourth Vice President of the Board of Directors, and voting members.  The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.  Any voting member, as defined in Article III, Section8, is eligible to run for The Board of Directors.

 

Section 2   Election:  Election to the Board of Directors shall be by secret written ballot.  The seven persons receiving the largest number of votes shall be the new Board members.  During the election for The Board of Directors,  one vote means voting for the seven people to serve on the board.  The current secretary of the board and two voting members selected by the fourth vice president will count the votes.  The seven nominees with the largest number of votes will be the new board.  Within thirty (30) days of their election, the new board members will meet and they shall decide who will serve in each board position. 

 

ARTICLE VI

OFFICERS

 

Section 1   Officers:  The officers of the Corporation will be a President, four Vice Presidents, a Secretary, a Treasurer, and such other officers as may be appointed in accordance with the provisions of this Article.  The Board of Directors may appoint such other officers, from within the elected Board as it shall deem desirable.  Such officers will have the authority to perform the duties prescribed, from time to time, by the Board of Directors.

 

Section 2   Election and Term of Office:  The officers of the Corporation shall be appointed annually by the Board of Directors at the first regular meeting of the Board of Directors.  If the appointment of officers shall not be held at such meeting, such appointment shall be held as soon thereafter as possible.  Each officer shall hold office until his successor shall have been duly appointed.

 

Section 3   Removal:  Any appointed officer may be removed from office by a majority vote by the Board of Directors.

 

Section 4   Vacancies:  A vacancy in any office because of death, resignation, removal or otherwise, may be filled by the Board of Directors, for the unexpired portion of the term.

 Section 5   Seven Board Positions

  (one) President:   The President shall be the principal executive officer of the Corporation, and shall in general supervise and control the business and affairs of the Corporation.  The President shall preside at all meetings of the members and of the Board of Directors.  The President may sign, with the Secretary or any other proper officer of the Corporation authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these By-Laws, or by statute to some other officer or agent of the Corporation.  The President may delegate or contract out duties of the Board.  The President may sign checks up to $250.00 and will co-sign with the Treasurer, all other checks.  For all Board members, any non-emergency expenditures over $750.00 need prior approval from a majority of the Board.

 

(two)   First Vice President:  In the absence of the President, or in event of his inability or refusal to act, the Vice Presidents in the order from First VP through Fourth VP shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President.  The First Vice President shall be chairman of the Deed Enforcement/Architectural Control Committee. The First Vice President shall maintain a copy of any plans, drawing, or blue prints that are reviewed by the architectural committee.  Upon review of any architectural plans drawings or blue prints a signature is required by a member of the Deed Enforcement/Architectural Control Committee and the submitting home owner. The First Vice President may perform other duties as from time to time which may be assigned by the President or by the Board of Directors.

 

(three)   Second Vice President-Maintenance:  The Second Vice President-Maintenance shall have charge of and be responsible for all upkeep and maintenance of the Corporation; responsible for the upkeep of the equipment, owned by the Corporation; has the authority to hire labor as required to perform the upkeep and maintenance.  In the absence of the President and First Vice-President, shall perform the duties of President, and when so acting, shall have all the power of and be subject to all the restrictions upon the President; and in general, perform other duties as from time to time which may be assigned by the President or by the Board of Directors.

 

(four)  Treasurer:  The Treasurer shall have charge and custody of and be responsible for all funds and securities of the Corporation; receive and give receipts for monies due and payable to monies in the name of the Corporation in such banks, trust companies or other depositories as shall be selected in accordance with the provisions of Article VIII of these By-Laws; and shall disperse such finds as indicated by resolution of the Board;  may sign checks up to $250.00 and will co-sign with the President, all other checks; shall sign all promissory notes of the Corporation with approval of a majority of the Board of Directors.  The Treasurer shall act as the bookkeeper and shall keep proper books of account; and records of the Corporation’s fiscal affairs and to make the same available for inspection by members at any reasonable time.  The treasurer shall maintain current and duly authorized signature cards for any and all bank accounts, securities and other financial institutions which require such signatories, and in general, perform other duties as from time to time that may be assigned by the President of the Board of Directors.

 

(five)  Secretary:  The Secretary shall keep the minutes of the meetings of the members and of the Board of Directors in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these By-Laws or as required by law; be custodian of the corporate records and of the seal of the Corporation, and see that the seal of the Corporation is affixed to all documents, the execution of which on behalf of the Corporation under its seal is duly authorized in accordance with the provisions of these By-Laws; keep a register of the post office address of each member which shall be furnished to the Secretary by such member; and in general perform all duties incident to the office of Secretary and such other duties as from time to time that may be assigned by the President or by the Board of Directors; The secretary shall maintain the “www.SpanishCoveLakehouston.com” website with the cost borne by the Corporation.

 

(six) Third Vice President - Special Events:  The Third Vice President shall have charge of and be responsible for planning, scheduling and organizing special events. Besides these responsibilities they may perform other duties from time to time that may be assigned by the President or by the Board of Directors.

 

(seven) Fourth Vice President - Nominating:  The Fourth Vice President shall be chairman of the Nominating Committee and execute the duties as spelled out in these By-Laws. The Fourth Vice President is also chairman of the  Welcoming Committee (to welcome new owners into Spanish Cove) and chairman of the Yard of The Month Committee.   Besides these responsibilities they may perform other duties from time to time that may be assigned by the President or by the Board of Directors.

 

                                                                  ARTICLE VII

                                                                 COMMITTEES

 

Section 1 Standing Committees:  Standing Committees shall be the Deed Enforcement/Architectural Control Committee, Nominating Committee, Welcoming Committee and the Yard of the Season Committee.  Such committees, and any other committees created by the Board of Directors, shall have and carry out such duties as the Board of Directors may designate.

 

Section 2 Appointment of Committees: The chairmen of other committees shall be appointed by the President, with the approval of a majority of the Board of Directors. The chairmen of each committee can appoint the members required to support the committee.

 

 Section 3 Meetings of Committees:  Each committee shall have such meetings as are necessary to carry out the functions designated by the Board of Directors.  Unless otherwise provided in the resolution of the Board of Directors designating a committee, any action taken by a majority of the members present at a meeting shall be the act of the committee.

 

Section 4  Annual Report:  All committees shall maintain adequate records of their meetings, and each committee chairman shall be charged with the responsibility of submitting an annual report to the President of the Corporation not less than thirty (30) days before the expiration of the term of the office of the President of the Corporation.

 

                                                                 ARTICLE VIII

                                  CONTRACTS, CHECKS, DEPOSITS, AND FUNDS

 

Section 1  Contracts:  The Board of Directors may authorize any officer or officers, agent or agents, of the Corporation, in addition to the officers so authorized by these By-Laws, to enter into any contract or execute and deliver any instrument in the name and behalf of the Corporation, and such a recording may be general of confined to specific instances.  Any hired labor, contactor or other agent hired by the board to perform duties on the property known as Spanish Cove Subdivision must be bonded and a copy of such bond must be on file with the secretary of the Board prior to work commencing.  The minimum allowable liability insurance must be $100,000.00.

 

Section 2 Checks, Drafts, or Money:  All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation up to $250.00 shall be signed by the Treasurer or President.  Any instruments in excess of Two Hundred Fifty Dollars ($250.00) shall be signed by the President and Treasurer, or in the absence of the President or Treasurer, the First Vice President or Seconds Vice President shall be authorized to counter sign checks in excess of two hundred fifty dollars.

 

Section 3 Deposits:  All funds of the Corporation shall be deposited within ten days of receipt of such funds to the credit of the Corporation in such banks, trust companies or other depositories as the Board of Directors may select.

 

Section 4 Gifts:  The Board of Directors may accept on behalf of the Corporation any contributions, gifts, bequests, devises of conveyance for the general purposes or for any special purpose of the Corporation.

  

                                                                   ARTICLE IX

                                                        BOOKS AND RECORDS

 

The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, Board of Directors and committees having any of the authority of the Board of Directors.  The Secretary shall keep a record giving the names and addresses of the members entitled to vote.  All books and records of the Corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time, subject to any rules which may be promulgated by the Board of Directors.

 

                                                                    ARTICLE X

                                                                 FISCAL YEAR

 

The fiscal year of the Corporation shall begin on the first day of January and end on the last day of December of each year.

 

                                                                   ARTICLE XI

                                   MORTGAGE OF CORPORATION REAL ESTATE

 

The Corporation shall have power to mortgage its real estate for the purpose of making improvements thereon, provided that any such mortgage shall have the consent of the simple majority of members entitled to vote in Spanish Cove, voting in person or by proxy as set forth in Article III, Section VII, at a meeting duly called for this purpose, of which notice shall be given to all members at least ten (10) days in advance and shall set forth the purpose of the meeting.

 

                                                                             

                                                                 ARTICLE XII

                                                    RESTRICTIVE COVENANTS

 

The restrictive covenants set out in those instruments recorded in Volume 8179, Page 525 and Volume 8231, Page 231; Deed Records of Harris County, Texas, are binding on the members of the Corporation.

 

                                                                 ARTICLE XIII

                                                                         SEAL

The Board of Directors shall provide a corporate seal, which shall be in the form of a circle and shall have inscribed thereon the words “Spanish Cove Civic Improvement Corporation”.

 

                                                                 ARTICLE XIV

                                                                      NOTICES

 

Whenever any notice is required to be given under the provisions of the Texas Non-Profit Corporation Act or under the provisions of the Article of Incorporation or the By-Laws of the Corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

 

                                                                  ARTICLE XV

                                          DISSOLUTION OF THE CORPORATION

 

In the event that this Corporation is dissolved, all assets shall be placed in trust, with the then Board of Directors acting as Trustees, and shall be used solely for the purposes set forth in Article IV of the Articles of Incorporation of Spanish Cove Improvement Corporation.

 

                                                                 ARTICLE XVI

                                                   ADMENDMENT OF BY-LAWS

 

These By-Laws may be amended at a regular or a special meeting by a majority of voting members present in person or represented by proxy as set forth in Article III, Section VII.

 

These By-Laws were approved by the members on        May 6, 2009 

                                                                                                                                                                                                                                K Edward Oppermann

                                                                        Board President


 
                                                                      May 6, 2009

                                                                             Date

    

These By-Laws are hereby adopted as per the amendment provision in the most current

Spanish Cove Civic Improvement Corporation By-Laws; Article XVII, dated October 18,1988.

 

The vote was taken on May 6, 2009,    at May Center, Huffman Texas.

 

Number of voting members present at meeting  23    .

 

Votes cast to approve these new By-Laws   23   .

 

Votes cast to not approve these new By-Laws   zero .


TRANSCRIPTION OF SPANISH COVE DEED
 RESTRICTIONS ON FILE, OCTOBER 15, 1970
  THE STATE OF TEXAS                    I
                                                                I                              KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS                  I
                  WHEREAS, TEXAS GULF INDUSTRIES, INC., a Texas corporation, is the owner of all that certain real property comprising “Spanish Cove, Section 1” herein sometimes referred to as Subdivision, according to the map or plat thereof recorded in Volume 171, Page 132, of the Map Records of Harris County, Texas, to which map or plat and its record thereof reference is here made for full and particular description of said real property: and,
                 Whereas, Texas Gulf Industries, Inc., in its desire to keep the development of said real property for the mutual benefit and pleasure of the property owners in said subdivision, and for the protection of such property values therein, desires to place on and against said property certain protective and restrictive covenants regarding the use thereof.
                 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT TEXAS GULF INDUSTRIES, INC., a Texas corporation, does hereby make and file the following declarations, reservations, protective covenants, limitations, conditions and restrictions regarding the use and/or improvements on the lots located in said “SPANISH COVE, SECTION 1”, owned by the undersigned, including the dedicated roads, avenues, streets, and waterways therein as follows:
 1.             BUILDING PERMITS AND ARCHITECTURAL CONTROL
 No building shall be erected, placed or altered on any lot, property or area in this subdivision until the building plans, specifications and plot plans showing the location of such building have been approved in writing by TEXAS GULF INDUSTRIES, INC., as to conformity and harmony of external and structural design and quality with existing structures in the subdivision and as to the location of the building, and in conformity with the declarations, reservations, protective covenants, limitations, conditions and restrictions, as hereinafter set out.
 In the event said TEXAS GULF INDUSTRIES, INC., or its designated representative fails to approve or disapprove such design and location within thirty days after said 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 the completion thereof, such approval will not be required and this covenant will be deemed to be fully complied with.  Notice of disapproval shall be by delivery in person or by registered letter, addressed to his last known address, and which said notice will set forth in detail the elements disapproved and the reason therefore.  Such notice need not, however, contain any suggestions as to the methods of correcting the matter and things disapproved.  The judgment of the supervising authority or committee shall in all things be final.
 2.             RESIDENTIAL LOTS
 All lots in said “SPANISH COVE, SECTION 1” unless otherwise designated on the aforesaid map or plat of this subdivision shall be known and designated as “residential lots” and shall be used for residential purposes only, and shall be subject to the following restrictions, reservations, protective covenants, limitations and conditions:
 A.  Use.  No dwelling shall be erected, altered, placed or permitted to remain on any of said lots other than a single residence, designated and constructed for use by a single family, together with such servants quarters, garages and other structures as may be suitable and proper for the use and occupancy of said residents as a single family dwelling, nor shall any residence constructed thereon be converted into or thereafter used as a duplex, apartment house or any other form of multiple family dwelling, nor shall any residence or combination or residences on separate lots be advertised for use or used as hotels, tourist courts or tourist cottages or as placed of abode for transient persons.  No trees shall be cut on any tract without written consent of seller unless contract is paid in full.
 1.  Except for the areas listed on the recorded plat as unrestricted no dwelling shall be erected on any lot in the subdivision unless the same shall have an exterior area of not less than 1600 square feet; provided further, that one and one-half story houses shall contain at least 1200 square feet on the ground floor and containing a total of at least 1700 square feet.  Provided further that two story houses shall contain at least 1100 square feel on the ground floor and containing a total of 1800 square feet; and provided further that said square footage as set forth herein and hereafter shall be exclusive of attached garages, porches, servants’ quarters or other appendages.
 2.  No building or structures shall be occupied or used until the exterior thereof is completely finished.
 3.  In no event shall any residential lot be used for any business purpose.
 4.  All residences in this subdivision are to have at least a two car enclosed attached garage or a two car non-attached garage, and all driveways shall be paved before any residence is occupied.
 B.  CONSTRUCTION.  All residences shall be at least 51% brick and only new construction materials shall be used except for used brick.  No concrete blocks shall be used in said constructions and all buildings shall be built on a slab or solid concrete beam foundation.  In no event shall any old house or building be moved on any lot or lots in said subdivision.  The exterior construction of any kind and character, be it the primary residence, garage, porches, or appendages thereto, shall be completed within 6 (six) months after the pouring of the slab.
 C.  No boats or trailers shall be permitted to be parked in front of any residential building.
 3.              GARBAGE AND TRASH DISPOSAL
 Garbage and trash shall be disposed of at least once a week.  No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste.  All garbage or trash accumulated from day to day shall be kept in covered sanitary containers.  All incinerators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition and not visible from any road or right of way.
 4.              NUISANCES
 No noxious or offensive trade or activity shall be carried on or maintained on any lot in said subdivision, nor shall anything be done thereon which may be or become a nuisance in the neighborhood.  A nuisance shall include but not limited to:  A truck larger than three-quarter ton parked on lots or roads or permanently kept on property; any motor vehicle not properly licensed by the State of Texas; junk or wrecking yards, automobiles, trucks or other vehicles used for parts.
 5.             EASEMENTS
 An easement is reserved over and across all lots in the subdivision as indicated on the recorded plat for the purpose of installing, preparing and maintaining, and is hereby conveyed to the proper parties (including Texas Gulf Industries, Inc., water drainage, sewage and telephone utility companies or municipal authorities) so that they may install, repair and maintain electric power, water, sewage drainage, gas and telephone services for the lots in the subdivision, and all contracts, deeds and conveyances of any of said lots or portion thereof and hereby made subject to this easement.
 A.  There is also reserved along Nogalus Drive adjacent to the property line of all lots fronting on Nogalus Drive an unobstructed aerial easement ten feet wide from a plane 20 feet above the ground and upward.
 6.              TEMPORARY STRUCTURES AND RESIDENCES
 No trailers, tent, shack, barn or other out building or structure shall be moved on this subdivision nor shall any garage or other out building be used as temporary or permanent residence in this subdivision.
 7.             ANIMALS
 No cows, poultry or livestock of any kind other than house pets, may be kept on said property, except that one horse may be kept on each one acre tract.
               
8.             FENCES AND PLANTS
 No fence, wall or hedge higher than three feet shall be located between the Street and the Building line.  All fences built of lumber shall be painted with at least two coats of paint or stain and maintained so as to appear neat and presentable at all time.
 9.              SIGNS
 No signs of any kind shall be displayed to the public view on any tract or lot except one sign advertising the property for sale by Texas Gulf Industries, Inc., or signs used by a builder to advertise the property during the construction and sales period.
 10.           MAINTENANCE FUND
 Each lot sold shall be subject to an annual maintenance fee of $60.00 per year, payable in monthly installments of $5.00 or in advance on July 1st each year.  Said fee to be collected and dispersed by the officers of Texas Gulf Industries, Inc., or its successors, or assigns or nominees.  This fund shall be used for the purpose of improving and maintaining the streets, parkways, easements, maintaining and operating a swimming pool, if any, or doing any other things necessary or desirable in the opinion of the developer, Texas Gulf Industries, Inc., its successors, assigns or nominees, to keep the property neat, clean and in good order.
 11.          DURATION OF RESTRICTIONS
 These restrictions shall remain in full force and effect for the primary period of thirty (30) years from the date hereof, indicated below; and thereafter shall be automatically renewed for additional successive periods of ten (10) years each unless the owners of a majority of the lots in the subdivision shall by instrument in writing duly place of record, elect to terminate these restrictions and the force and effect thereof.
 12.           MISCELLANEOUS PROVISIONS
 Any lot in SPANISH COVE, SECTION 1, that may be resubdivided shall not be resubdivided into lots that contain less than 17,000 square feet.
 All covenants and restrictions are for the benefit of the entire subdivision, and shall be binding upon the purchaser or their successors, heirs and assigns.
 Invalidation of any one of the covenants or restrictions by judgment of any court shall in no way effect any of the other provisions which shall remain in full force and effect.
  All of the restrictions, easements and reservations herein provided and adopted as part of said subdivision shall apply to each and every lot therein and shall be taken and deemed as covenants running with the land, and which 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 SPANISH COVE, SECTION 1, Harris County, Texas, and lots with such reservations, restrictions, easements, etc., are so referred to be reference thereto in any such deed or conveyance to any lot or lots in said subdivision the same shall be of the same force and effect as if said restrictions, covenants, conditions, 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.
 IN WITNESS WHEREOF, TEXAS GULF INDUSTRIES, INC., a Texas corporation, has caused these presents to be executed by its president and attested by its secretary all thereunto duly authorized on this13day of October A.D. 1970.
  TEXAS GULF INDUSTRIES, INC.
 ATTEST
 BY Robert D Darnell_____________
PRESIDENT
 ___________...... R Morris____
SECRETARY
   THE STATE OF TEXAS                    I
                                                                I
COUNTY OF HARRIS                       I
                 BEFORE ME, the undersigned authority, this day personally appeared Robert D Darnell, President of TEXAS GULF INDUSTRIES, INC., a corporation, knows to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledgement to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation and in the capacity therein set forth and states.
 WITNESS MY HAND AND SEAL OF OFFICE THIS THE 13 day of October A.D. 1970.
                                                                                                                   _______Jackie Vackar_________
Notary Public, Harris County, Texas


Homeowner's meetings are held at 7pm on the FIRST WEDNESDAY of each month
 
1435 Villa Capri
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Spanish Cove Civic Improvement Corporation