| Articles of Inc. |
Bermuda Beach |
By - Laws |
THE STATE OF TEXAS *
* KNOW ALL MEN BY THESE PRESENTS
COUNTY OF GALVESTON *
THAT, the residents of Bermuda Beach Subdivision by a vote of at least 75% of all lot owners of the following described property lying and being situated in the County of Galveston, State of Texas, to-wit:
Bermuda Beach Section 1, a Subdivision of the Southerly
portion of Lots 381 and 395 of Section 2, of the Trimble and
Lindsey Survey of Galveston Island, Galveston County, Texas.
Bermuda Beach Section 2, a Subdivision of the Southerly
portion of Lots 379 and 363 of Section 2 of the Trimble
and Lindsey Survey of Galveston Island, Galveston County,
Texas.
Bermuda Beach Section 3, a Subdivision of the Southerly
portion of Lot 398 of Section 2 of the Trimble and Lindsey
Survey of Galveston Island, Galveston County, Texas.
Bermuda Beach Section 4, a Subdivision of the Southerly
portion of Lots 411, 414, and 425 of Section 2 of the Trimble
and
Lindsey Survey of Galveston Island, Galveston County, Texas.
Bermuda Beach Section 5, a Subdivision of the Southerly
portion of Lot 362 of Section 2 of the Trimble and Lindsey
Survey of Galveston Island, Galveston County, Texas.
Bermuda Beach, the unplatted section consisting of Lots 1-20,
a subdivision out of Section 2 of the Trimble and Lindsey
Survey of Galveston Island, Galveston County, Texas
Being desirous of creating a uniform plan of restrictions of said
property, does hereby declare that all lots in said Subdivision
of Bermuda Beach (sometimes hereinafter referred to as "Bermuda
Beach") are held and shall be conveyed subject to the following
reservations, restrictions, covenants and conditions, which shall
all be covenants running with the land and shall be binding on
BERMUDA BEACH SUBDIVISION and all persons, corporations, firms
and other legal entities claiming under it as hereinafter provided:
1. No structure shall be erected, placed or altered on any building
plot in said Subdivision until the building plans, specifications
and plot plan showing the location of such building have been
approved in writing as to conformity and harmony of external design
with existing structures in said subdivision, and as to location
of the building with respect to topography and finished ground
elevation, by the Bermuda Beach Improvement Committee hereinafter
provided for.
Structures, as that term is used herein, shall be held to include all buildings, fences, walls, swimming pools, playground equipment, outdoor cooking or heating facilities of a permanent nature, and any and all other improvements of a permanent nature.
2. All structures shall be constructed on pilings, buried a minimum of six (6) feet in the ground with the bottom of the floor joist being a minimum of eight (8) feet above the ground.
3. No structure shall be built with less than 600 square feet of livable space, exclusive of open porches and garages.
4. No dwelling shall be erected or placed on any parcel less
than one full lot as shown on the recorded plat of this subdivision,
excepting on Lots 2 and 3, Bermuda Beach Section 5, where one
dwelling is required for both lots.
5. No business, trade or profession of any kind shall ever be
conducted or carried on in any structure or upon any lot, nor
shall anything be done thereon which may be or become an annoyance
or nuisance to the neighborhood.
6. No trailer, basement, tent, shack, garage, arm or other out-building erected on any of the herein described lots shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
7. Primarily new construction shall be placed on said lots. It being the intent and purpose of this restriction to maintain the quality of the structures currently comprising Bermuda Beach.
8. No out-building shall exceed the dwelling to which it is appurtenant in height. No out-building shall be rented out or occupied by persons other than bona fide domestic servants of the occupants of the main family dwellings.
9. No building shall be located on any lot nearer than 20 feet to the front lot line. No building shall be located nearer than five feet to any side lot line.
10. All exterior construction of any dwelling commenced within said Subdivision must be completed within six (6) months from the date such construction first commenced.
11. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs and cats (not to exceed two of each category) may be kept, provided they are not kept, bred, or maintained for any commercial purposes, but only for the use and pleasure of the owners of such lots.
12. No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the neighborhood.
13. The owners or occupants of all lots in this Subdivision shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner, and shall in no event use any lot for storage of material and equipment except for normal residential requirements or permit the accumulation of garbage, trash or rubbish of any kind thereon. In the event of default on the part of the owner or occupant of any lot in this subdivision in observing the above requirements, or any of them, BBIC may, without liability to the owner or occupants, in trespass or otherwise, enter upon said lot, cut, or cause to be cut, such weeds and grass, and remove or cause to be removed such garbage, trash, rubbish, etc., so as to place said lot in a neat, attractive, healthful and sanitary condition, and may bill either the owner or occupant of such lot for the cost of such work. The owner or occupant, as the case may be, agrees by the purchase or occupation of any lot in this subdivision to pay such statement immediately upon receipt thereof.
14. No sign, advertisement, billboard, or advertising structure of any kind may be erected or maintained on any residential lot without the consent in writing of the Bermuda Beach Improvement Committee. The undersigned or members of the Committee shall have the right to remove any such sign, advertisement, or billboard or structure which is placed on any residential lot without such consent, and in so doing, shall not be liable, and is expressly relieved from any liability for trespass or other tort in connection therewith, or arising from such removal.
15. No boats, boat trailers, or boat rigging shall ever be parked or place (except temporarily) nearer to the street than the building setback lines. The parking of automotive vehicles on road shoulders for a period longer than twelve hours is prohibited.
16. The digging of dirt or the removal of any dirt from any lot is expressly prohibited, except when necessary in conjunction with the landscaping of such lot, or in conjunction with construction being done on such lot.
17. All residences and other buildings must be kept in good repair and must be painted when necessary to preserve the attractiveness thereof.
18. The Bermuda Beach Improvement Committee shall have the following powers and functions:
a. Collect and expend, in the interests of the subdivision
as a whole,
maintenance, security or other funds as determined necessary.
b. Enforce these covenants and restrictions by appropriate
proceedings
(but this power shall not be exclusive and may also be exercised
by
any lot owner in Bermuda Beach).
c. Enforce any lien imposed on any part of this subdivision
by reason of
the violation of any of these covenants or restrictions, or by
reason of
failure to pay the maintenance charges herein provided, and to
execute
a release of such lien upon performance.
d. Approve or reject plans and specifications for improvements
to be
erected in Bermuda Beach. All plans and specifications for improve-
ments must be submitted to the committee for approval prior to
the
commencement of construction of any such improvements. If the
committee fails to act within thirty days after submission to
it of
plans and specifications, construction in accordance with these
restric-
tions may begin.
19. Each lot in Bermuda Beach sold either by deed or contract of sale by the undersigned, its successors and assigns, is hereby subjected to an annual maintenance charge from October 1 thru September 30 of One Hundred Forty-five Dollars ($145.00) and an annual security fee of Forty-five Dollars ($45.00) to be paid by the owner of each improved lot, the same to be secured by a lien upon said lot, and payable annually on the first day of November of each year next following the date of such deed or contract of sale to Bermuda Beach Improvement Committee, at its office at 6610 Steward Road, PMB 174, Galveston, Texas 77551, or at such other place as it shall designate in writing, and said charge and lien are hereby assigned to said committee.
Funds arising from said charge shall be applied, so far as sufficient, toward the payment of maintenance expenses incurred for any or all of the following purposes: improving and maintaining the streets and doing any other thing necessary or desirable in the opinion of said committee to keep the property neat and in good order, or which it considers of general benefit to the owners or occupants of the addition, it being understood that the judgment of said committee in the expenditure of said fund shall be final so long as such judgment is exercised in good faith.
Such maintenance, security or other charges shall continue annually until the owners of a majority of the lots in the entire addition vote to change such charges. By acceptance of his deed or contract of sale, each purchaser agrees and consents to and joins in such charges.
20. Enforcement of these covenants and restrictions may be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain such violation or proposed violation or to recover damages. Such enforcement may be by the owner of any lot in said subdivision.
21. Invalidation of any of the foregoing restrictions by judgment or a court of competent jurisdiction or other authority having jurisdiction of the subject matter shall be in no wise affect any of the other provisions, all of which shall remain in full force and effect.
BERMUDA BEACH IMPROVEMENT
COMMITTEE, INC.
December 30, 2003
Leonard Tatar, PRESIDENT
Filed January 14, 2004