Deed Restrictions

FORMS

Transmittal Form & Instructions

Deed Restrictions

Window Policy

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SUMMARY OF RESTRICTIONS

Old Braeswood was developed in 3 sections beginning with Braeswood Addition, Section 1, along Main Street in 1928. Construction In Braeswood Addition (Section 2) and Braeswood Extension (Section 3) continued into the 1960’s. As a result, Old Braeswood Property Owners Association (OBPOA) is responsible for enforcing three distinct sets of Deed Restrictions, which often vary from Section to Section. Fortunately, many of the restrictions are common to the entire area. The following is a brief summary used by OBPOA.

DISCLAIMER: While it is believed accurate, it is a summary intended to provide an overview of the restrictions in force. You should refer to the actual restrictions as recorded before any construction is planned

PROPERTY USE

Property can be used only for private residential purposes and can be occupied by a single family only.

No businesses or store can be operated on the premises. Garage sales, daycare or private instruction of children FOR PROFIT are prohibited.

No garage apartment or out-building can be occupied as a primary residence.

Exceptions:

Full-time paid domestic employees may occupy garage apartments provided status can be documented, i.e., IRS Form W-2, FICA Tax Receipts, etc. Garage apartments cannot be rented to part-time employees or provided in exchange for wages for domestic services.

Owner’s family may occupy garage apartments during home construction or remodeling for a maximum of six months.

SIGNS

No signs are permitted on property except those advertising sale or rental of the property. Such sign dimensions must not exceed 5 feet square. Contractor signs, political signs, etc. are prohibited.

PETS/LIVESTOCK

No livestock or poultry may be maintained on the property. City of Houston ordinances allow a maximum of 4 dogs on the premises, and require all dogs to be leashed when off premises.

ARCHITECTURAL DESIGN REVIEW AND APPROVAL

No construction, including fences, window replacement, driveway gates, addition of solar panels and structural remodeling, may commence until plans are submitted and approved in writing by the POA’s Architectural Review Committee. In addition, plans must be submitted for any exterior alteration including patios, all structural elements, and any exterior alteration requiring a building permit.

Plan submittals, which will be retained by the POA, should include survey, proposed site plan, floor plan(s) and exterior elevations. Descriptions of construction materials and color selections may be required.

HEIGHT OF STRUCTURE

All residences erected are to be full two-story homes.

Height restrictions

BUILDING MATERIALS

Principal exterior material shall be stucco, masonry, or similar material and is required to be in character with surrounding structures. In Section 1, outbuildings must be of the same building material as the residence.

FENCES, WALLS

No fence, wall or hedge may be placed in front of residence closer to the street than the front building line as indicated on individual plot description.  This includes garden walls.

LOT WIDTH

Section 1

Addition

Extension

Minimum

See plat

60 Feet

60 Feet

Exceptions

Most lots are specified between 65 and 350 feet

As specified for designated lots.

None

BUILDING SET-BACKS

Set-back requirements for structures vary from Section to Section and are more complicated for Section 1.

SET-BACK FROM STREET

No building or part thereof shall be erected nearer to the front and/or side (for corner lots) street than the front and/or side building limit lines as shown on the property plot. There originally was an exception in Section 1, which now has been superseded by City of Houston Building Codes.

MINIMUM SET-BACK FROM SIDE PROPERTY LINES

Section 1

Addition and Extension

6 feet for lots less than 90 foot frontage.

10 feet for lots with front footage of 90 feet or greater.

No residence, Including second story overhangs, attached porches, garages, or greenhouses, can occupy more than 80% of width of property measured at front building line.

Chimneys or purely ornamental projections may extend 4 feet closer to side property line.

5 feet including attached carports, porches, and garages, but not detached garages at rear of lot. Attaching an existing garage to the main body of the house subjects it to the same set-back restrictions as the residence itself.

OUTBUILDINGS

Section 1

Addition and Extension

Relationship to Streets

Cannot be built closer to front or side streets than specified on outbuilding limit line specified on property plat

Not specified Cannot encroach upon Utility Easements.

Detached Garage/ Outbuildings

Maximum of 35 feet Wide each

Greenhouse

Maximum of 20 feet wide.

Aggregate of Outbuildings excluding Greenhouse

Maximum width of 50% of total property width measured at rear building line.

Aggregate of Outbuildings Including Greenhouse

Maximum width of 60% of total property width measured at rear building-line.

PRIVY OR PORT-O-CAN

Deed restrictions for Section 1 specifically state that no privy can be maintained on the property. While this interpretation can be extended to Port-O-Cans maintained on the property during construction, we merely request that they be discretely placed out of view of the surrounding neighbors. This request extends to all Sections of Old Braeswood.

ENFORCEMENT OF DEED RESTRICTIONS

The Old Braeswood POA has achieved a very successful history of enforcement of deed restrictions. Suspected violations of deed restrictions should be documented and submitted in writing to the Executive Committee. The Executive Committee will initiate an appropriate investigation and pursue legal action if warranted. Anonymous complaints will not be accepted. Nearly two-thirds of the funds of the Old Braeswood POA are reserved for enforcement of deed restrictions.

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