Oakland Heights Owners Association, Inc.

COMMUNITY RULES & STANDARDS

BOARD MUST ENFORCE STANDARDS

IMPORTANT REMINDER TO ALL OWNERS
RESTRICTIVE COVENANTS WILL BE ENFORCED AS WRITTEN
PLEASE REFER TO YOUR COPY OF THE DECLARATION FOR EXACT LANGUAGE
Purpose of the Declaration: The first page of the Declaration of Covenants, Conditions and Restrictions of Oakland Heights outlines the purpose for which it was created, namely to preserve the natural beauty of the property,
to avoid harsh contrasts , to guard against the erection of poorly designed structures with unsuitable materials and finally, to enhance the environmental quality and economic value of the Property. (See the Preamble on Page 1 of the
Declaration for the exact wording.) The Declaration is filed for public record in the Bexar County Courthouse and everyone with an interest in any property within the boundaries of the subdivision is bound by these restrictions and is assumed to have agreed to them when receiving the deed to their property, whether or not a copy of the Declaration was given to the buyer prior to the sale.
Amendments to the Declaration: There are provisions in the Declaration which outline the process to amend it if a specific number of eligible members agrees to the changes.
The Association and the Board: Article 4. describes the Oakland Heights Owners Association, Inc. and its duties and responsibilities. The Association, acting through its duly elected Board of Directors, is responsible for seeing that the provisions of the documents governing the community are carried out. The Declaration is similar to a constitution or a city charter and establishes initial community standards which prospective owners have a right to rely on when purchasing their property. The Association is made up of all the owners and the requirement to abide by the
rules carries over to each owners’ family, guests, invitees, etc. The Board is made up of your neighbors and is bound by the same rules as you. They ask that all questions, requests and recommendations be processed through the Association's Manager at Oakland Heights Owners Association, 7800 IH 10 West, Suite800, San Antonio, TX 78230 so that a proper documentation can be made and a response given. The Board may require that certain issues be put in writing and sent to the Board or to a Committee so that complete details are available. The following are some of the issues which apply to Oakland Heights:

ARCHITECTURAL COMMITTEE APPROVAL IS REQUIRED FOR ALL IMPROVEMENTS:

AUTHORITY FOR ARCHITECTURAL REVIEW: “No improvement may be constructed, altered or removed upon or from any of the Property without the prior written approval of the Architectural Committee. Any action , other than normal
maintenance, which in any way alters the exterior appearance of any Improvement, including without limitation its color, or which involves the removal of any Improvement from a lot, shall be performed only with the prior written approval of the Architectural Committee.( Article 2, Section 2.1.2 of the Declaration)” and “ The Architectural Committee, at its option, may inspect all work in progress to ensure compliance with approved Plans and Specifications. The Architectural Committee may require any Owner to
restore such Owner’s Lot to the condition existing prior to construction, alteration or removal of any Improvement thereon, including
without limitation the demolition and removal of any unapproved or nonconforming Improvement....” (Article 3, Section 3.8)

The definition of an “Improvement” is found in Article 1, Section 1.12. If improvements have been made to the exterior without AC approval, you are not in compliance with the Declaration and this may impact your ability to sell your
property. The instructions on what information is required to get an approval can be found in the Declaration in Article 3. The Board requires that all requests be made in advance of starting work and denial of the application may result if
work is begun prior to approval. A checklist form is available from the Manager to expedite the process. The Board also requires that after the receipt of this Board Brief, all applications must be processed through the Association's Manager, so that the Covenants Committee will have a record of the improvement. Completed improvements may be inspected to be sure they are built to approved specifications.

DRAINAGE ON LOTS: “There shall be no interference with the established drainage patterns over any of the Property,except by the Declarant, unless adequate provision is made for proper drainage and the prior written approval of the Architectural Committee is obtained.” (Article 2, Section 2.18.2) There is a definite drainage problem in some areas of Oakland Heights. The Board wants everyone to be aware that structures such as storage buildings, decorative landscape materials, swimming pools,
etc. may cause changes in the drainage patterns which may result in possible flooding of yards and homes. Owners of each property are responsible for any damage caused by their changing the flow of water across their property even with approved plans. There is also a state statute about water flow. The Board recommends that any construction on your property be reviewed for this possibility by a competent professional engineer before construction and this information be transmitted to the Architectural Committee with your plans.

PARKING:The Declaration states: “Passenger vehicles, motorcycles and scooters owned or used by an Owner shall not be parked or left on any portion of the Property other than such Owner’s garage or driveway for longer than six (6)
hours at a time. No mobile homes, boats, buses, trucks (other than passenger vehicle trucks), boat trailers,graders, tractors or wagons shall be parked or placed on any Lot at any time....” (Article 2, Section 2.11)Please abide by these rules and park your cars in your garage or on your driveway. If you have guests who must park on the street and who will be staying longer than a few days, please contact 524-4000 to let us know. Guests do not include your adult children who reside in your home.
The Fire Marshall has reviewed the subdivision to identify “No Parking-Fire Lanes” to assure space for emergency vehicles to maneuver. Fire lanes will be marked clearly and cars will be towed by the police if found in these areas. Members are also reminded not to park so as to block mail boxes.

DAMAGE TO STREETS: The Board has noted numerous areas where oil and other fluids have leaked onto the streets from parked vehicles. Certain fluids leaking from vehicles damage the asphalt surface and owners of these vehicles are responsible for cleaning up this spillage as soon as possible. If there is any evidence of a separation of the driveway or curb from the asphalt and especially where weeds are growing in cracks, the Board
requests that the owner of the home abutting the street where this is evident kill the weeds to prevent damage to the asphalt.

STREETS ARE NOT PLAY AREAS
In order to protect the Association and its members from liability and injury, the Board must remind members that the streets are primarily for vehicles and are not play areas. Basketball goals should not be placed in the street or face the street. They should not block the sidewalk which forces people to walk in the street. This is a violation of a City ordinance and Code Compliance will be called. Parents should warn children about not playing in the street.
Violations of City Ordinances become violations of the provisions of the Declaration per Article 6, Section 6.8.3. Please remember to drive carefully within our community to protect our residents.

GARAGE SALE PROCEDURES: The Board’s policy consideration on garage sales is conditioned on the reasonable use of good judgment of the members. The City of San Antonio has specific rules on having garage sales in residential subdivisions and the Board requires that each member contact the appropriate City office to obtain details and purchase a permit prior to holding such a sale in Oakland Heights. They have authorized the issuance of a special gate
code to members with a permit to hold a sale as long as the member contacts the Manager at 524-4000 at least one week prior to the sale date. Residents holding garage sales must remove all notices and flyers from the property as soon as
the sale is over and contact the Manager to remove the special code.

LAWN MAINTENANCE: “.....Within ninety (90) days of completion of construction on any Lot,
all landscaping on such Lot shown on the Plans and Specifications for the Improvements on such Lot shall be completed and shall at all times thereafter be properly maintained with all trees, shrubs and plantings properly pruned, yards regularly mowed, edged and raked and all areas kept free of trash,debris, weeds and overgrowth....” (Article 2, Section 2.9) Most of the homes in Oakland Heights show evidence of the residents’ pride in their homes. The Declaration is clear on each owners’ responsibility for keeping up the yards. The Board supports the use of flowers and bushes to beautify the subdivision, however excessive use of water which continuously flows into the street undermines the surface. Please be sure to monitor your sprinkler system for runoff in to neighboring yards and the streets. Any major landscaping changes to the property fall under the provisions
of the Architectural Committee process and require approval.

WHAT CAN ACTUALLY BE DONE ABOUT VIOLATIONS?
The importance of complying with the covenants, conditions and restrictions has been made clear by the Texas Legislature in the 1987 statute which states that “ A restrictive covenant shall be liberally construed to give effect to its purposes and intent...” (Section 202.003, Texas Property Code). The law also says “A court may assess civil damages for the violation of a restrictive covenants in an amount not to exceed $200 for each day of the violation.” (Article 202.004(c). The Association Board prefers that members abide by the covenants, conditions and restrictions rather than to have to take legal action. For exact procedures for enforcement in Oakland Heights, please refer to the provisions of your copy of the Declaration, Article 6, Section 6.8, Enforcement and Nonwaiver.