WHEREAS, all sections of Cypress Point (the "Subdivision") are under the jurisdiction of the Cypress Point Community  Improvement Association, Inc., a Texas non-profit corporation (the "Association"); and 

WHEREAS, the Subdivision is encumbered by the restrictive covenants contained in the Declarations of Covenants, Conditions and Restrictions (hereinafter respectively referred to as the "Declarations"); and 

WHEREAS, the Association is the designated property owners’ association for the Subdivision; and  

WHEREAS, the Declarations provide: "No building or improvements shall be constructed, placed or altered on a Lot until the plans for same have been approved by the Architectural Control Committee (the 'Committee')"; and 

WHEREAS, the board of directors of the Association has assumed all the powers of the Committee recited in the Declarations and Section 204.011 of the Texas Property Code; and 

WHEREAS; Section 204.010(a)(6) of the Texas Property code empowers the Association, acting through its Board of Directors, to "regulate the use, maintenance, repair, replacement, modification and appearance" of the Subdivision; and

WHEREAS; Section 204.010(a)(18)(A) of the Texas Property Code empowers the Association, acting through its Board of Directors, to implement written architectural control guidelines. 

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Association hereby adopts and implements the following Architectural Guidelines, which shall supplement the Declarations. 

i. OVERVIEW

The Board of Directors of the Association has established the following outline of architectural guidelines in accordance with the authority granted to them by the Declarations and the Texas Property Code. The Guidelines are established to assure a uniform and fair interpretation of the Declarations and the power of the Association related to architectural control and regulation of the appearance of the Subdivision.  
  
The guidelines are intended to provide all lot owners in the Subdivision with information relating to:  
  
            i.1 -  The design, color, location and grade of materials which may be used

                    in the construction of various kinds of structures and improvements.

            i.2 -  The size and location of such improvements and structures.

            i.3 -  The procedure utilized by the Association with respect to applications

                    for proposed improvements and structures and allocations thereto. 

These procedures and guidelines may be amended by the Board of directors of the Association from time to time as it deems necessary and appropriate as the needs of the Subdivision change.
    

ii. PROCEDURE

            ii.1  - A "Request For Home Improvement Approval Form" (application) must

                    be completed in its entirety and mailed to the address indicated at the

                    top of the form. All pertinent information such as plans, specifications,

                    building permits, locations indicated on a copy of the survey, etc. 

                    should be included with the application.

            ii.2  - There should be one ACC application for each exterior change,

                    addition or improvement.  Information pertaining to the specific exterior

                    change, addition or improvement specified on the ACC application

                    should be recorded on the ACC application.  An ACC application with

                    two or more exterior changes, additions or improvements will be

                    returned to the applicant with a request to submit individual

                    applications for each exterior change, addition or improvement.

            ii.3  - These forms are available from your management company. The ACC

                     cannot respond to verbal request for approval. ll applications must be

                     made in writing. 

            ii.4  - The ACC has thirty (30) days from date of receipt of an application in

                    which to respond. If additional information is required by the ACC, the

                    application(s) will be deemed denied, however, the application may be

                    resubmitted along with the additional information requested.

            ii.5 - If an application is not approved, the ACC will state in their letter why

                   such approval was denied and what type of application changes, if any,

                   would altar that decision. If an applicant wishes to discuss or appeal a

                   decision made by the ACC, the Designated Representative should be

1.1 Changes or improvements made to the initial mailbox will require approval of the Committee.

1.2 Replacement of the original pole with a wooden post should receive Committee approval. If the post is to be painted or stained, a paint sample must be included with the application. The Committee will consider the effect a painted or stained post will have on the street if the proposed color will not readily blend in with the surrounding materials, that portion of the application will be denied.

1.3 Bricked mailbox stands should receive approval providing the brick matches the house, the stand is appropriate in size and design, and will meet U.S. Post Office requirements. A specific sketch should be included with the application. If the brick is not the exact brick used in the construction of the home. The new brick must meet with approval of the Committee.

2.1 Back side of house, no higher than fifteen feet (15’) above roof line.

2.2 If lot backs onto vacant property and can be seen from entrance to subdivision or adjacent road, screening will be required.

 
3.1 Satellite dishes can not be visible from the street as long as the location does not interfere with reception.

 
4.1 The basketball backboard, net, and post must be maintained in excellent condition at all times.

4.2 If the backboard is mounted onto the roof by use of a small, triangular mounting structure, the mounting structure must be painted to match the shingle color.

4.3 Backboard must be regulation size and color of white, clear, gray or beige.

4.4 Must be mounted on garage or placed on the side of driveway.

 
5.1 Wind Turbines should be mounted in the rear portion of the roof so that they are not visible from the front or above the roof line.

5.2 The wind turbines preferably should either be a color which will blend with the shingle color instead of unfinished aluminum or be painted to match the shingle color.

 
6.1 The maximum preferred height of a bird house is twelve feet (12’).

6.2 Bird houses should be placed towards the middle of the back yard.

6.3 Bird house must not be visible from the front street.

6.4 They must be a minimum of five (5’) feet from any fence line.

 

 
7.1 Flagpoles must be removable and of a temporary nature to be considered by the Committee.

7.2 Case by case.

 
8.1 Maximum overall height of eight feet (8’).

8.2 Location will be considered for neighbors privacy. For play gym sets and forts (See: Sect. 25.1).

 
9.1 The Committee will approve solar panels which are unobtrusive and which blend in with the roof shingle color.

9.2 Parabolic solar collectors which are not mounted so as to be flush with the roof will not be approved.

9.3 Solar panel frames should be bronze or black in color in order to best blend in with the shingles. All unfinished aluminum must be painted the color of the shingles.

9.4 No solar panel should be mounted so that it extends above the roof line.

9.5 Colors and manufacturers must be acceptable to Committee for both screens and panels.

9.6 Solar screens are allowed on windows with Committee approval.
 

 
10.1 On front lawns of lots and on any portion of a lot visible from any street, there shall be no decorative appurtenances placed, such as birdbaths, birdhouses, fountains, or other decorative embellishments, unless such items have been approved in writing by the Committee. No decorative sculptures of any size or shape will be approved by the Committee.

10.2 Benches and gates will be reviewed on an individual basis.

10.3 Lawn decorations will be allowed for any Holiday three weeks prior and two weeks after that holiday

10.4 House numbers may be placed on the house or mailbox, but not on any type of freestanding structure in the front yard.
 

 
11.1 Must not be visible from the street and must be below the fence line.

 
12.1 Awnings will not be permitted.

12.2 Metal and wooden slat-type shades may be allowed by the ACC if they are deemed necessary in reduction of solar exposure and installation on appropriate windows will be determined by the ACC. At no time, however, will they be allowed on windows on the fronts of homes.

12.3 No foil or other reflective materials may be used in windows. The use of solar film is acceptable providing the film is of a non-reflective type.

12.4 Bed sheets are not permitted as window coverings unless manufactured in a manner comparable to other commercially available "curtains" and standard window coverings.

 
13.1 Providing the frames and screens of these are of a color compatible with the exterior house colors, storm windows and storm or screen doors should receive Committee approval.
 
 

 
14.1 An A.C.C. application must be with a color swatch of the color of paint to be used. The Association has adopted a pallet of acceptable colors as a guideline which is on file with the managing agent.

14.2 Earth tone colors were most often used when homes were constructed. In general, earth tone colors should receive Committee approval.

14.3 Other earth tone blend colors will be considered. The color of neighboring homes will be taken into consideration along with the applicant's house brick features.

14.4 If a non-approved color has been placed on a new addition or existing structure the H.O.A. has the right to require you to change the color to an approved color.

 
15.1 Additional exterior lighting should not be of a wattage or lumen count which will affect neighboring homes.

15.2 Directional lights or floodlights must be aimed so as not to shine in the windows of neighboring homes.

15.3 Standard, residential-type, low voltage landscape lighting does not require Committee approval.

15.4 Security lights, spot lights, mercury vapor, high pressure sodium or florescent lights can only be attached to the front of the house, preferably garage. Such lights should not be higher than the first floor and can not be attached to trees or poles. Mercury vapor, fluorescent, and sodium halite lights are not permitted in the back or side yards. Spot lights must be directed downward and positioned in a manner which does not directly affect neighboring homes.

15.5 Yard lights may be gas or electric with a max. height of six feet (6’). They may be located in the front or back. Gas or electric lights must be black, brown, or white, depending on color of the house and determination of suitable color must be approved by the Committee.
 

 
16.1 No side or rear fence, wall, or hedge shall be more than six feet (6’) high [six feet, six inches (6’6") is allowable if the fences utilizes a six inch (6") rot board]. All fences visible from the front of house must be the same regardless of material or extension, and not more than six feet, six inches (6’6") in height unless other wise approved by the Committee.

16.2 Case by case.

16.3 For fences which are to utilize a rot board, they may not exceed six feet, six inches (6’6") and granted on limited basis only. Consents from all affected neighbors must be submitted, in order to be considered for height extension.

16.4 Fence extension requests should be submitted by both neighbors sharing the side lot line and fence, except in the case of a corner lot.

16.5 Only fence extensions which will be installed picket side out shall be considered by the Committee.

16.6 No fence may extend "nearer the to the Street than the building setback lines as shown on the Subdivision plat. " (Article VII, Sec 8 and Article IX Sec 11).

16.7 If both neighbors do not concur as to a proposed fence extension, the Committee will examine the effect the fence extension will have on both properties. If one party will suffer detrimentally from the extension (i.e., will totally enclose a bay window), the Committee will reject the application.

16.8 No painting, staining, or varnishing of fence except for clear water proofing or sealant.

16.9 Cedar pickets only.

16.10 No split rail fences or decorative fencing permitted to front other than those constructed for use at model homes.

16.11 Replacement or repairs of fence must be made with similar materials and construction details as used in the original fence.

16.12 Chain link fences are prohibited.

 
17.1 Trellises, window boxes, arbors, and permanent brick borders [i.e. with mortar] must have Committee approval.

17.2 Landscape timbers and bricks without mortar do not need approval of the Committee unless they exceed two feet (2') in height.

17.3 Landscaping must complement style and architecture of home and conform to color scheme of immediate neighborhood to be approved.

17.4 Living plants, trees, shrubs, flowers, etc., and utilization of non-living material necessary for growth; i.e. bark, mulch, etc. do not need approval of the Committee.

17.5 No hedge in excess of four feet (4’) in height ... shall be erected or maintained nearer to the front Lot line than the plane of the front exterior wall of the residential structure on such Lot. No side or rear fence, wall, or hedge shall be more than eight feet high (8’) as stated in Section 16.1 of these guidelines. The Committee may approve front or side hedges over four feet (4’) on an individual basis.

17.6 No object or thing [including landscaping and plants] which obstructs sight lines at elevations between (2') feet and (8') feet above the roadways within the triangular area formed by the intersecting street property lines and a line connecting them at points ten feet (10’) from the intersection of the street property lines or extension thereof shall be placed, planted or permitted to remain on any corner lots.

17.7 Landscaping of the backyard does not require approval of the Committee. However, the backyard must be maintained in a neat, attractive manner the same as the front yard. At the owners expense, the Association shall have the right to enter the backyard and remove any weeds or other materials that might cause rat infestation.
 

 
18.1 Case by case.

18.2 No closer than three feet (3’) to property line and sometimes up to five feet (5’). Driveway extensions can extend no nearer to side property line than three feet (3’) and five feet (5’) in certain instances.

18.3 All sidewalks in the side yard must be no greater than thirty-six inches (36") wide. Thirty inches (30") wide is the recommended width for the standard five foot (5’) side yard.
 

 
19.1 No pool or spa of any type may encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment. Decking also requires consent agreement. Consents must be received prior to approval.

19.2 Ideally, any pool or spa should be located at least five feet (5’) from a side and rear lot line to maintain proper drainage on lot. However, a minimum of three feet (3’) will be allowed in certain instances.

19.3 Above ground pools will receive special consideration. Above ground pool acceptable provided it is not over four feet (4’) in height. Decking around pool cannot be over eighteen inches (18") above ground so to ensure privacy of neighbors.

19.4 Pool enclosures will be reviewed on an individual basis. Committee finds screened enclosures acceptable providing adequate tree planting is installed as per A.C.C recommendations.
 

 
20.1 It is the opinion of the Committee that decks and deck covers are not "temporary" structures.

20.2 Decks cannot be higher than eighteen inches (18").

20.3 Deck covers generally must comply with the patio cover guidelines, however, their frames do not have to be painted, even if they have shingled roof, if the deck is not painted. If they are painted, the paint should match the house.

20.4 Decks may not encroach into any utility easement unless companies involved have granted their written consent to such encroachment.

20.5 Decks should not be situated on the lot so that they may pose a problem to the effective drainage of the lot or neighboring lot.
 

A) Colored or painted aluminum (to match the trim of the house).
B) Painted wood (to match the trim of the house).
C) Wood such as cedar or redwood may be used.
D) Fiberglass is acceptable and earth tone colors such as tan, brown, beige, and clear may be used. No green or yellow is allowed. Edges of fiberglass must not be visible from surrounding properties or from the street. General Note: All patio cover material, (i.e., fiberglass, corrugated aluminum, metal, wood, lattice) must be completely framed so that no raw edges of material are visible.
E) If screen is used as roofing material on a patio cover, it must be an earth tone color and the structure must be located where it is not visible from the street. Also, the canvas must be located where it is not visible from the street. also, the canvas must be kept in quality condition or its removal will be requested by the H.O.A.
F) Screened walls are allowed. This does not change the patio cover into a room addition.

21.5 Patio covers may not encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment.

21.6 Patio covers must be situated on the lot to provide drainage solely into the owner's lot. If a proposed patio cover location is less than five feet (5’) away from a side lot line, the Committee will require that it be guttered with downspouts if it is to be a solid cover.
 

22.1 Outdoor carpeting can only be installed on porch area-no walkways, etc.

22.2 Outdoor carping can only be earth tone colors. Specifically no green or blue carpet.

22.3 Visibility of the carpet from street will be considered.
 

23.1 Detached garages/carports other than existing structures built are not permitted.

23.2 The addition of a detached garage will not be approved on a standard sized lot.

23.3 Driveways can never be removed from the front yard.
 

24.1 See Article VII Section 3 for Cypress Point , Section One and Article IX, Section 4 for Cypress Point Two, Four and Five of the Declarations for detailed information of where the main residence (including room additions) cannot be located nearer than twenty (20) feet to the front property line, nearer than ten feet (10’) from the rear property lines, nearer than five feet (5’) to an interior side lot line, or nearer than ten feet (10’) to an exterior lot line (on a corner lot).

24.2 Exterior materials and colors should match the house and brick.
 

24.3 Detailed plans must be submitted to the Committee.
 

24.4 Room additions may not encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment.

24.5 Size and shape will depend on architectural style and layout of home, size of lot, and how well room addition integrates with existing home. Plans for a room addition must show a room internally attached to main structure being of reasonable size which will then constitute a legitimate request for a room addition. Roof of addition must integrate with existing roof line so as to appear to have been part of the original home, however, an exception may be made for prefabricated sunrooms or solariums. Room additions cannot exceed one-third of the remaining back yard, but may be denied for other reasons, i.e., structural integrity, architectural suitability, etc., even if it does use only one-third of the remaining yard.

24.6 Case by case.

 
** NOTE: An A.C.C. application must be submitted which includes but is not limited to: detailed drawings including the elevation, street visibility, materials to be used and lighting (if applicable).

25.1 "Temporary buildings or structures shall not be permitted on any Lot (Cypress Point C.I.A. Section One Declarations Article VII, Sec 5) and No structure of a temporary character, including tents, shacks, barns, or other outbuildings shall be placed on any Lot located within the Subdivision… (Cypress Point C.I.A. Sections Two, Four and Five Art IX, Sec 13). This therefore only allows outbuildings (defined as any structure which is not attached to the main structure) that are storage sheds, playhouses, and forts, but prohibits all others such as workshops and barns. It is the position of the ACC that gazebos are not "temporary" structures and, therefore, are not prohibited by the Declarations. They are simply a fancy deck and cover. Room additions (which must be attached to the main structure) are covered in section 24.0

25.2 The Committee will consider the following:
 

A) The outbuilding must not be visible from the front street but may be visible from a side or back street.
B) The outbuilding can be no higher than eight (8) feet from the ground to the highest point (six feet if placed in the side yard). Outbuildings will be limited to maximum allowable floor space of 175 square feet (10’ x 15’). Its door cannot be a garage door and cannot exceed six (6) feet in width. There shall be no driveway adjacent to the outbuilding. Structure must be kept a minimum of three (3) feet off rear property line and distance from side fence will be determined based on visibility from the street in front of the lot. At no time, however, will that distance from side fence be less than three (3) feet, regardless of visibility. Location must also be far enough away from fence to allow for drainage to occur entirely on the owner'slot. Building permits as required by the municipality (city, county, etc.) must be submitted with request form. Detailed plans must be submitted to the Committee.
C) The colors should match or blend with the predominant exterior colors of the main residence (See: Section 14 regarding approved colors).
D) Building materials must match those of the main residence in both composition and color. The Committee will NOT approve prefabricated metal storage buildings or buildings which utilize metal roofing materials.
E) Storage building placed on a concrete slab on top of a utility easement will require letters of Consent to Encroach as it will not be considered portable. If a storage building is not on the utility easement, but on a slab, and can be removed, the Committee will consider it as portable.
F) No storage building can be built up against any side or rear wall of home unless its maximum height is less than six (6) feet and it is not visible above the fence. It must also comply with all the other requirements for proper construction, size and location.
G) Playhouses may not exceed eight (8’) feet and forts must may not exceed ten (10’) feet maximum height. If the fort has platform, then platform can be no higher than five (5’) feet off the ground and centered in back yard to protect neighbor's privacy. Neither playhouses nor forts may be visible from the front street. The area beneath the fort can not be enclosed.  
H) Gazebos must be freestanding and must be a least six (6) feet away from house. Case-by-case with a maximum height at peak of eleven (11’) feet and must be at least three (3) feet off side and back fence.
 

Cypress Point Community Improvement Association is bound by the covenants as dictated in our deed restrictions. For more legal information, please review the complete Deed Restrictions which can be found here: Deed Restrictions.