BYLAWS OF IRON GATOR ESTATES PROPERTY OWNERS’ ASSOCIATION, INC.

Basic Information

Property Owners Iron Gator Estates Property Owners’ Association, a Texas nonprofit Association:          corporation, established by the certificate of formation filed with the Secretary of State of Texas on March 24, 2006 under file number 800632207.

Principal Office: 1850 35 Bypass, Aransas Pass, Texas 78336. The Property Owners Association may have other offices.

Declaration:           The (l) (a) Declaration recorded under Instrument No. 290419, (b) First

Amendment recorded under Instrument No. 308080, and (c) Corrected Second Amendment and Restatement recorded under Instrument No. 0000371370, all in the Official Public Records of Aransas County, Texas.

(2) (a) Declaration recorded under County Clerk’s File No. 567228 and (b) First Amendment recorded under County Clerk’s File No. 593878, both in the Official Public Records of San Patricio County, Texas; and (c) Corrected Second Amendment and Restatement recorded under Instrument No. 693236, all in the Official Public Records of San Patricio County, Texas.

Definitions: Capitalized terms used but not defined herein have the meaning set forth in the Declaration.

Voting Members: Members entitled to vote or their proxies. Any Member delinquent in payment of any Assessment is not a Voting Member.

1. The Members

  Membership. Every Owner is a Member of the Property Owners Association. Membership is appurtenant to and may not be separated from ownership of a Lot. Members have one vote per Lot. When more than one person is an Owner, each is a Class A Member, but only one vote may be cast for a Lot.

B.        The Meetings

        1.     Place of Meeting. Members meetings will be held at the Property Owners Association’s Principal Office or at another place designated by the Board.

       2.      Annual Meetings. The first Members meeting will be held first Saturday, February 2024. Subsequent regular annual Members meetings will be held on, the first Saturday in February.

       3.       Special Meetings. The president may call special meetings. The president must call a special meeting if directed by the Board or by a petition signed by fifty-one percent (51 %) of Voting Members.

       4.        Notice of Meetings, Election, and Vote. Written notice stating the place, day, and hour of each Members meeting, other than a reconvened meeting, must be given to each Member not less than ten, nor more than thirty days before the meeting. For voting not at a meeting, notice must be given not later than the twentieth day before the latest day on which a ballot may be submitted to be counted. The special Members meeting notices must also state the meeting’s purpose, and no business may be conducted except as stated in the notice. Notice to a Member must state the purpose of an association-wide election or vote and is deemed given when hand delivered or mailed. If mailed, notice is deemed given (whether received or not) when deposited with the United States Postal Service, postage prepaid.

        5.       Waiver of Notice. A Member may, in writing, waive notice of a meeting. Attendance at a meeting is a waiver of notice of the meeting unless the Member objects to lack of notice when the meeting is called to order.

         6.     Quorum. A majority of the Voting Members is a quorum. If a members meeting cannot be held because a quorum is not present, a majority of the Voting Members who are present may adjourn the meeting. At the reconvened meeting, thirty-three percent (33%) of the Voting Members is a quorum. If a quorum is not present, a majority of the Voting Members who are present may adjourn the meeting. At the second reconvened meeting a majority of the Board is a quorum. Written notice of the place, date, and hour of each reconvened meeting must be given to each Member not more than fifteen (15), nor less than five (5) days before the reconvened meeting.

          7.     Majority Vote Voting by members may be at a meeting or outside of a meeting. Voting must be as required by law. Votes, representing more than 50% of the voting members present at a meeting at which a quorum is present constitute a majority vote.

            8.       Proxies. Voting Members may vote by written proxy.

            9.      Conduct of Meetings.  The president will preside over the members meetings The Board. The secretary will keep minutes of the Meetings and will record same in a “Minute’s Book” the votes of the Members.

C.       THE BOARD

C. 1. Governing Body; Composition. The affairs of the Property Owners Association are governed by the Board. Each director has one vote. The initial Board is composed of the directors appointed by the Declarant. Each director must be a member or, in the case of an entity Member, a person designated in writing to the secretary.

C. 2. Number of Directors. The Board consists of not less than three, nor more than five (5) directors. Within those limits, the Board may change the number of directors. No decrease may shorten the term of a director.

C. 3. Term of Office. The initial directors serve until the second annual meeting of Members. Successor directors will have a term of one year. Directors may serve consecutive terms.

C. 4. Election. At the second annual meeting of Members, the Voting Members will elect directors to succeed the initial directors. At subsequent annual Members meetings, successors for each director whose term is expiring will be elected. Cumulative voting is prohibited. The candidate or candidates receiving the most votes will be elected. The directors elected by the Voting Members will hold office until their respective successors have been elected.

C. 5. Removal of Directors and Vacancies

5.a.   Removal by Members. Any director may be removed, with or without cause, by a majority of the Voting Members. Any director whose removal is sought will be given notice of the proposed removal.

5.b.    Removal by Board. Any director may be removed at a Board meeting if the director—

            (1) is delinquent in the payment of any Assessment for more than 30 days         

            (2) is the subject of an enforcement action by the Property Owners Association for violation of the Dedicatory Instruments.

5.c   Vacancies. A director’s position becomes vacant if the director dies, becomes incapacitated, resigns, or is no longer a member.

5.d.  Successors. If a director is removed or a vacancy exists, a successor will be elected the remaining directors for the remainder of the term.

C. 6. Compensation.  Directors will not receive compensation. A director may be reimbursed for expenses approved by the Board.

C .7. Powers. The Board has all powers necessary to administer the Property Owners Association’s affairs.

 C. 8. Management. The Board may employ a managing agent. 

C. 9.  Accounts and Reports. Accounting and controls must conform to good accounting practices. Accounts will not be commingled with accounts of other persons. The following financial reports will be prepared at least annually:

             a.  An income statement reflecting all income and expense activity for the preceding period.

             b.   A statement reflecting all cash receipts and disbursements for the preceding period.

              c.   A variance report reflecting the status of all accounts in an “actual” versus “approved” budget format.

             d.    A balance sheet as of the last day of the preceding period.

             e.    A delinquency report listing all Owners who are delinquent by more than 30 days in paying any Assessment and describing the status of any action to collect those delinquent Assessments.

C. 10.  Borrowing The Board may borrow money to maintain, repair, or restore the Common Area without the approval of the Members. If approved in advance by the Members in the same manner as approving a Special Assessment, the Board may borrow money for any other purpose.

C. ll.   Rights of Association. With respect to the Common Area, and in accordance with the Declaration, the Property Owners Association will have the right to contract with any person for the performance of various duties and functions. Such agreements require the approval of the Board.

C. 12. Enforcement Procedures

                 a.     Notice. Before the Board may (i) suspend an Owner’s right to use a Common Area, (ii) file a suit against an Owner other than a suit to collect any Assessment, (iii) foreclose the Property Owners Association’s lien, (iv) charge an Owner for property damage, or (v) levy a fine for a violation of the Dedicatory Instruments, the Property Owners Association or its agent must give written notice to the Owner as required or permitted by law. The notice must describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the Property Owners Association from the Owner. The notice must also (i) inform the Owner that if the violation is curable and does not pose a threat to public health or safety, which means it could not materially affect the health or safety of an ordinary resident, the Owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; (ii) indicate that the Owner may request a hearing in accordance with Texas Property Code section 209.007 on or before the thirtieth day after the date the notice was mailed to the Owner; (iii) state that the Owner may have special rights if the Owner is serving on active military duty, and (iv) state the date by which the Owner must cure a curable violation that does not pose a threat to public health and safety.

      b.    Hearing. If the Owner is entitled to an opportunity to cure the violation, the Owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before a committee appointed by the Board or before the Board if the Board does not appoint a committee. If a hearing is to be held before a committee, the notice must state that the Owner has the right to appeal the committee’s decision to the Board by written notice to the Board.

The Property Owners Association must hold a hearing under this section not later than the thirtieth day after the date the Board receives the Owner’s request for a hearing and must notify the Owner of the date, time, and place of the hearing not later than the tenth day before the date of the hearing. The Board or the Owner may request a postponement, and, if requested, a postponement will be granted for a period of not more than ten days. Additional postponements may be granted by agreement of the parties. The Owner or the Property Owners Association may make an audio recording of the meeting.

The hearing will be held in executive session affording the alleged violator a reasonable opportunity to be heard. Before any sanction hereunder becomes effective, proof of proper notice will be placed in the minutes of the meeting. Such proof will be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, or agent who delivered the notice. The notice requirement will be satisfied if the alleged violator appears at the meeting. The minutes of the meeting will contain a written statement of the results of the hearing and the sanction, if any, imposed. The Board may, but will not be obligated to, suspend any proposed sanction if the violation is cured within a 5-day period. Such suspension will not constitute a waiver of the right to sanction violations of the same or other provisions and rules by any person.

        c.      Appeal.    Following hearing before a committee, if any, the violator will have the right to appeal the decision to the Board. To perfect this right, a written notice of appeal must be received by the managing agent, if any, president, or secretary within 3 days after the hearing date.

    d.      Changes in Law.    The Board may change the enforcement procedures set out in this section to comply with changes in law.

D.       Board Meetings

              D. 1.      Meetings.    Except as permitted by law, all regular and special meetings of the Board must be open to the Owners. Except for a meeting held by electronic or telephonic means, a Board meeting must be held in a county in which all or part of the property in the subdivision is located or in a county adjacent to that county. A Board meeting may be held by electronic or telephonic means, or a Board Member may attend a Board meeting telephonically, provided all Owners and Board Members have access to the communication at the meeting as required by law.

D. 2      Notice.    Owners and Board Members must be given notice of the date, hour, place, and general subject of a regular or special Board meeting, including a general description of any matter to be brought up for deliberation in executive session. Notice must be given as required by law.

D. 3.    Waiver of Notice.   The actions of the Board at any meeting are valid if (a) a quorum is present and (b) either proper notice of the meeting was given to each director, or a written waiver of notice is given by any director who did not receive proper notice of the meeting. Proper notice of a meeting will be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of proper notice.

D.4.    Quorum of Board.   At all meetings, two-thirds of the Board will constitute a quorum, and the votes of four-fifths of the directors present at a meeting at which a quorum is present constitutes the decision of the Board. If the Board cannot act because a quorum is not present, a majority of the directors who are present may adjourn the meeting to a date not less than 5, nor more than 10 days from the date the original meeting was called. At the reconvened meeting, if a quorum is present, any business that may have been transacted at the meeting originally called, may be transacted without further notice.

D.5.    Conduct of Meetings.  The president will preside at Board meetings; provided that, in the event the president does not attend he/she may appoint another Board Member to preside at such Board meeting. The secretary will keep minutes of the meetings and will record in a minute book the votes of the directors. The Board meeting will be conducted as required by law.

D. 6.     Proxies.  Directors may vote by written proxy.

E.       Officers

1.   Officers.   The officers of the Property Owners Association are a president, vice president, and secretary, to be elected from the Members of the Board. The Board may appoint other officers having the authority and duties prescribed by the Board. Any two or more offices may be held by the same person, except the offices of president and secretary.

2.       Election, Term of Office, and Vacancies.    Officers will be elected annually by the Board at the first meeting of the Board following each annual meeting of the Voting Members. A vacancy in any office may be filled by the Board for the unexpired portion of the term.

 3.     Removal.    The Board may remove any officer whenever, in the Board’s judgment, the interests of the Property Owners Association will be served thereby.

  4.    Powers and Duties.   Officers have such powers and duties as are generally associated with their respective offices and as may be specifically conferred by the Board. The president is the chief executive officer of the Property Owners Association. The treasurer has primary responsibility for the preparation of the budget and financial reports and may delegate all or part of the preparation and notification duties to a finance committee, management agent, or both.

 5.     Resignation.    Any officer may resign at any time by giving written notice to the Board, the president, or the secretary. Resignation takes effect on the date of the receipt of the notice or at any later time specified in the notice.

F.       Committees

The Board may establish committees by resolution and authorize the committees to perform the duties described in the resolution.

G.  Miscellaneous

 l.    Fiscal Year.   The Board may establish the Property Owners Association’s fiscal year by resolution. In the absence of a Board resolution determining otherwise, the Property Owners Association’s fiscal year is a calendar year.

  2.   Rules for Meeting.   The Board may adopt rules for the conduct of meetings of Members, Board, and committees.

  3.    Conflict.   The Declaration controls over these Bylaws.

  4.    Inspection of Books and Records

         a.  Inspection by Member. After a written request to the Property Owners Association, a member may examine and copy, in person or by agent, any Property Owners Association books and records relevant to that purpose. The Board may establish rules concerning the (i) written request; (ii) hours, days of the week, and place; and (iii) payment of costs related to a member’s inspection and copying of books and records.        

          b.  Inspection by Director.  A director has the right, at any reasonable time, and at the Property Owners Association’s expense, to (i) examine and copy the Property Owners Association’s books and records at the Property Owners Association’s Principal Office and (ii) inspect the Property Owners Association’s properties.

 5.   Notices.  Any notice required or permitted by the Dedicatory Instruments must be in writing. Notices regarding enforcement actions must be given as required, or as permitted by law. All other notices may be given by regular mail. Notice by mail is deemed delivered (whether actually received or not) when properly deposited with the United States Postal Service, addressed to (a) a Member at the Member’s last known address according to the Property Owners Association’s records and (b) the Property Owners Association, the Board, or a managing agent at the Property Owners Association’s Principal Office, or another address designated in a notice to the Members. Unless otherwise required by law, or the Dedicatory Instruments, actual notice, however delivered, is sufficient.

 6.  Amendment.  These Bylaws may be amended at any time by the vote of 66.67% of the Voting Members in the Property Owners Association. This provision will not be construed as limiting the Board’s power to amend the enforcement procedures to comply with changes in law

CORRECTED THIRD AMENDMENT AND RESTATEMENT OF 

DECLARATION OF COVENANTS, CONDITIONS  

AND RESTRICTIONS FOR IRON GATOR ESTATES 

STATE OF TEXAS                              

COUNTIES OF ARANSAS & 

SAN PATRICIO          §

 This Corrected Second Amendment and Restatement of Declaration of Covenants, Conditions and Restrictions for Iron Gator Estates (the “Declaration”) is entered into to be effective as of July 19, 2019. 

RECITALS/STIPULATIONS

1. On March 21, 2007, Iron Gator Estates, as Declarant, made and filed that certain Declarations of Covenants, Conditions and Restrictions for Iron Gator Estates (the “Original Declaration”) of record in Aransas County, Texas under File No. 290419, and in San Patricio County, Texas under File No. 567228. 

• On August 28, 2009, the ACC (as hereinafter defined) made and filed that certain First Amendment to Declarations of Covenants, Conditions and Restrictions for Iron Gator Estates (the “First Amendment”, together with the Original Declaration are referred to herein as the “Prior Covenants”) of record in Aransas County, Texas under File No. 308080, and in San Patricio County, Texas under File No. 593878.  

• By Assignment of Declarant Rights dated January 15, 2019, at 11:59 p.m., filed of record in Aransas County, Texas under File No. 365974, and in San Patricio County, Texas under File No. 684659, Bob Law, LLC conveyed all of the Declarant rights under the Prior Covenants to Southern Oaks RV Resort LLC (“Declarant”). 

• On July 17, 2019, the ACC made and filed that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Iron Gator Estates (the “Second Amendment”) of record in Aransas County, Texas under File No. 369087, and in San Patricio County, Texas under File No. 690179; however, such Second Amendment was filed in error as it was not properly authorized by Declarant and by this Declaration the ACC withdraws such Second Amendment and joins in the execution of this Declaration to correct and replace the Second Amendment. 

• The Prior Covenants cover that certain acreage comprising the Iron Gator Estates subdivision (the “Property”) as shown on the plat recorded at Volume 5, Page 241, Plat Records of Aransas County, Texas and at Clerk’s File No. 289289 of the Real 

Property Records of Aransas County, Texas and in Envelope 1328-1329, Tube 313, Map Records of San Patricio County, Texas, and at Clerk’s File No. 565919 of the Official Public Records of San Patricio County, Texas. 

• The Board executes this Declaration for the purposes of (i) restating the Prior Covenants in their entirety and without exception so that the Original Declaration and First Amendment and Second Amendment are hereinafter null and void, and (ii) the substitution and replacement of the Third Amendment in its entirety. 

NOW THEREFORE, the Board does hereby adopt the following for the purpose of replacing the Prior Covenants in their entirety. 

Article One

Definitions

“ACC” means the Architectural Control Committee established in this Declaration. 

“Assessment” means any amount due to the Property Owners Association by an Owner or levied against an Owner by the Property Owners Association under this Declaration. 

“Board” means the Board of Directors of the Property Owners Association. 

“Bylaws” means the Bylaws of the Property Owners Association adopted by the Board. 

“Common Area” means all property within the Subdivision not designated as a Lot on the Plat, including but not limited to the area designated as “Reserve B”, all roadways, and Easements, and that have not been accepted for maintenance by the applicable governmental body.  

“Covenants” means the covenants, conditions, and restrictions contained in this Declaration. 

 “Dedicatory Instruments” means this Declaration and the Certificate of Formation, Bylaws, rules of the Property Owners Association, and standards of the ACC, as amended. 

“Easements” means easements within the Property for utilities, drainage, and other purposes as shown on the Plat or of record, including a certain easement for erecting, maintaining, reconstructing, and improving a wall or fence along Lots 1-6 and Lots 48-68 together with rights of ingress and egress to access such easement for a wall or fence. 

“Lot” means each tract of land designated as a lot on the Plat. 

“Member” means collectively the Owners of a platted Lot. 

“Owner” means every record Owner of a fee interest in the surface estate of a Lot.  

“Pad Site” means a concrete slab constructed on a Lot for the purpose of locating an RV thereon. 

“Plat” means the Plat of the Property recorded at Volume 5, Page 241, Plat Records of Aransas County, Texas and at Clerk’s File No. 289289 of the Real Property Records of Aransas County, Texas and in Envelope 1328-1329, Tube 31-3, Map Records of San Patricio County, Texas, and at Clerk’s File No. 565919 of the Official Public Records of San Patricio County, Texas, and any replat of or amendment to the Plat made in accordance with this Declaration. 

“Property Owners Association” (P0A) means the Iron Gator Estates Property Owners Association. 

“Residence” means a detached building designed and constructed on a Lot and used in conjunction with an RV as a dwelling by the Owner. 

“Recreational Vehicle” or “RV” means only a (i) Travel Trailer, (ii) Destination Trailer, (iii) 5^th Wheel or (iv) Motorhome Recreational Vehicle, in each instance of not less than twenty-six feet (26’) and expressly excludes tents, pop-up campers, and pick-up mounted campers.  

“Structure” means any permanent improvement on a Lot, including a Residence, Pad Site, building, enclosed garage, storage shed, driveway or fence.  

“Subdivision” means the Property covered by the Plat and any additional property made subject to this Declaration. 

“Vehicle” means any standard size passenger automobile or pickup truck, motorcycle, or utility vehicle not including commercial vehicles with more than two axles. 

.

Article Two

General Provisions

A.        Imposition of Covenants 

1. The Board imposes the Covenants on the Subdivision. All Owners and other occupants of the Lots by their acceptance of their deeds, leases, or occupancy of any Lot agree that the Subdivision is subject to the Covenants.  
2. The Covenants are necessary and desirable to establish a uniform plan for the development and use of the Subdivision for the benefit of all Owners. The Covenants run with the land and bind all Owners, occupants, and any other person holding an interest in a Lot. 
3. Each Owner and occupant of a Lot agrees to comply with the Dedicatory Instruments and agrees that failure to comply may subject him to a fine, an action for amounts due to the Property Owners Association, damages, or injunctive relief. 

B.         Plat and Easements 

1. The Plat, Easements, and all matters shown of record affecting the Property are part of this Declaration and are incorporated by reference. 
2. An Owner may use that portion of a Lot lying in an Easement for any purpose that does not interfere with the purpose and access to the Easement or damage any facilities. Owners do not own any utility facilities located in an Easement.   
3. Neither Board, the ACC the POA nor any Easement holder is liable for damage to landscaping or a Structure in an Easement.  Any landscaping or other improvements placed in an Easement area is subject to removal by Board, the ACC, the POA or the holder of the Easement without reimbursement to Owner. 
4. The POA and each Easement holder may install, maintain, and connect improvements and facilities in the Easements. 

Article Three

Lot Use, RV Standards, and Restrictions

A.            Lot Use 

1.        ALL Structures and permanent installations plans must be submitted in duplicate to the ACC for approval thirty (30) days in advance of startup.

•       Each Lot shall be used for (i) locating no more than one (1) Recreational Vehicle       (26’or longer) on a Pad Site, and (ii) and such Residence and other Structure as may be authorized herein.  The placement of any house trailer, mobile home, tent or other temporary dwelling or construction on any Lot is expressly prohibited. 

•       Except for driveways, no Structure or slab shall be located on any Lot nearer to the front lot line than ten (10’) feet.  All Structures and slabs shall be set back at least Fifteen Feet (15’) from the rear lot line.  All Structures and slabs shall be set back at least five feet (5’) from the side lot line.  No variances from these set back requirements may be granted by the ACC. 

1. Each Owner is permitted to build a driveway within the ten-foot (10’) front setback.  All driveways shall be constructed of concrete, brick, or other material according to specifications established by the ACC.   

4.    ALL Structures shall comply with all other restrictions, covenants, conditions, and     limitations on usage herein provided for other improvements in the subdivision.   

•    ALL Structures are Subject the following additional limitations set forth below, total square footage of Structures on any Lot may not exceed twenty-five (25%) percent of the Lot size:  

1. A Structure may not exceed ten (10) feet in height at its side walls.   
   1. Car ports and/or RV ports of any kind are expressly prohibited.   
   1. Patios, outdoor cooking areas, and similar indoor/outdoor living areas may be included as part of a Structure as long as the roof line is an extension of such Structure.   
   1. Storage sheds may not exceed 150 square feet and must be anchored and be approved in advance of construction by the ACC.  
   1. Garages will be suitable for not less than one (1) automobile or golf cart nor more than two (2) automobiles. Open sided garages (Garage with extended roof line) may not be used for storage. 

• The exterior siding on all Structures must be Hardy plank, stucco or other permanent material approved by the ACC. 

• Subject to ACC approval, only composition, tile, or better roofing material is allowed on any Structure. 

• No construction material of any kind shall be placed or stored on a Lot until the Owner has obtained all necessary approvals to commence construction.  Each Structure, including all interior and exterior elements, shall completed within four months (120 days) after the construction has been commenced and such time constraint shall be written into the Owner’s construction contract.  Lot Owner must acquire a Certificate of Occupancy prior to the expiration of nine months (270 days) after the construction has commenced. 

• Easements shown on the Plat are expressly reserved on all Lots for constructing and maintaining conduits, telephone lines, electric light, natural gas service, sewer and water connections and meters, poles, cable television and other equipment to supply any public or private utility services.  Other uses of such easements are expressly prohibited. 

• Subject to the following provisions, an Owner may lease or rent their Lot and any Structure located thereon (collectively the “Owner’s Property”) to a third party (the “Lessee”). 

1. Prior to the Lessee occupying Owner’s Property, Owner and Lessee will enter into an agreement containing the following minimum terms (the “Rental Agreement”):  

     (1)      The Owner’s name, Lot number and contact information during the term of the Rental Agreement and including a background check of each party.

      (2)       Lessee’s name, contact information during the term of the Rental Agreement, driver’s license numbers for each adult residing at Owner’s Property, RV and Vehicle registration information, including license plate and VIN numbers.  

       (3)             An acknowledgement by Lessee that such party has received a copy of this Declaration, the rules for the Iron Gator Estates and agrees to be bound by same.  

• Simultaneous with the execution of the Rental Agreement, Owner will furnish Lessee with a copy of this Declaration, the most current Iron Gator Estates Rules.
  • By entering into a Rental Agreement, Owner expressly authorizes the ACC to enforce the Declaration in accordance with its terms and Owner will continue to be liable for all violations of its Lessee.   

Upon execution, the Property Owners Association will be provided with a copy of the Rental Agreement and background check.

1. Each Lot must have the entire front yard, back yard, and side yards landscaped, which may include sodding, adding ornamental features, planting trees and shrubs for areas not covered by Structure and driveway slabs, and irrigated by manual or automatic means to maintain plants, trees and grasses in good condition.  For areas remaining in grass (not hardscaped), the grass must be approved in accordance with the plans submitted to the ACC.  Artificial grasses are allowed as approved by the ACC.  The use of stones or decorative rocks and stones may be used as accent to supplement trees, bedding plants, construction of patios or other similar features. 

B.         Recreational Vehicle Standards 

1. RVs located within the Subdivision shall be maintained to as high standard. Each RV shall be not more than ten (10) years old when first placed on a Lot, and notwithstanding its age, the condition of the RV shall be subject to review by the ACC as to its suitability for placement on the Lot. If the ACC determines the RV is not, in the sole discretion of the ACC, in suitable condition or color, the ACC may decline the application to locate the RV on the Lot. 

• No RV more than ten (10) years old shall be placed on, or remain on, any Lot without the prior approval of the ACC.  The ACC may grant a variance from this provision for a period not to exceed five (5) years at a time. After reviewing the condition of an RV more than ten (10) years old, the ACC may, in its sole discretion, issue a permit for the RV to remain in place for not less than two (2) additional years or more than five (5) years at a time, or require removal of the RV. If a permit is issued, the RV shall be subject to the same review on the expiration of such permit. 

• Any RV not maintained to the standard of the ACC or after any RV on a Lot becomes ten (10) years old, the ACC may require its removal if, in the sole judgment of the ACC, the RV is not compatible with the standards then existing in the sub-division. 

• If the ACC requires removal of the RV, the owner shall have six months from the ACC’s notice to remove the RV.  The obligation of the owner to remove an RV may be enforced by a suit for eviction or specific performance brought in the County where such property is located, and the ACC shall be entitled to be reimbursed for all costs and expenses of such suit. 

• Except when an RV has been moved due to annual vehicle inspection, repair, or maintenance, an RV must be present on the Lot any time the Owner or a Lessee is occupying a Lot.  In the event an Owner or Lessee desires to occupy a Lot without its RV being located thereon for more than 30 days, Owner or Lessee must request written approval from the ACC, which may be withheld in its sole discretion.  In the event the absence of an RV will extend beyond 30 days, Owner or Lessee must request separate written approval for each 30-day period.   

C.         Restrictions 

1. Mailboxes.  If postal delivery to each Owner is ever approved by the U.S. Postal Service, all mailboxes and their stands must be of a design and construction that is approved by the ACC. 

• Trucks, Buses, and Trailers.  No bus, semi-trailer, tractor, machinery, equipment, trailers of any type shall be kept, parked, placed, maintained, constructed, or repaired on or in the driveway or in the street in front of any Lot, except for third party construction vehicles limited to the time when construction or repairs are taking place on a Lot.   

• Boats and Recreational Vehicles.  All boats, boat trailers, and RVs shall be kept on the Pad Site for the Lot and are prohibited from being parked on streets or roads in the Subdivision.  Boats, boat trailers and RVs may not be repaired on any Lot in such manner as to be visible from the street or adjacent Lot(s).  The foregoing may not be placed on any Lot prior to the construction of the Pad Site thereon.   

• Vehicles.  Vehicles may not be repaired on any Lot in such manner as to be visible from the street or adjacent Lot(s). On-street parking is prohibited.  Additional parking is located at the main office, community center, or storage lot.  Long-term parking arrangements will be made through Southern Oaks Luxury RV Resort. 

• Propane and Fuel Tanks; Water Softeners.  No propane tank, fuel tank or water softener, or housing or the storage for the foregoing or any other combustible fuels, will be placed or maintained on any Lot except when used directly in connection with the operation of an RV, and is not visible from the street or adjacent Lots.  In the event an Owner desires to construct any type of enclosure surrounding the foregoing, such enclosure must be approved by the ACC.

• Dumping, Rubbish, Garbage and Storage.  No Lot shall be used or maintained for outside, unenclosed storage of any nature or be used as a dumping ground for rubbish, trash, junk or ashes.  Trash, garbage and other waste shall be stored in sanitary containers.  All trash cans and other equipment for storage of trash materials shall be kept clean and shall not be visible from the street except on appropriate trash pickup days. 

• Antennae, Satellite Dishes. Any external antennae, satellite dishes or other structures designed or used for receiving any type of radio, television or other communication signal must be approved by the ACC prior to installation. 

• Clotheslines. No clotheslines shall be constructed, placed or erected on any Lot in 

such a way as to be visible from outside that Lot. 

• Poles, Exterior Lights, Flagpoles.  Poles, exterior lights, flagpoles or similar structures may be constructed on a Lot only following approval by the ACC. 

1. Air Conditioners.  Window unit type air conditioners are prohibited.  Air conditioner compressors can be mounted on the side wall of a structure or situated on the ground. 

1. Solar.  Any solar panels or other solar collection device must be constructed or added as an integral part of the architectural design of a Residence, and the design and installation thereof require the prior approval of the ACC. 

1. Fences.  In the absence of prior approval from the ACC as to location on the Lot, 

construction and materials, fences on any Lot are expressly prohibited.  

1. Signs.  No signs of any character (except real-estate sales) shall be allowed on any lot except one (1) sign of professional quality for lot identification purposes. 

1. Non-Domesticated Animals and Livestock.  Non-domesticated or commercial animals, such as, snakes, reptiles, livestock, or poultry of any kind will not be raised, bred or kept on any Lot. Violations of this provision will be reported to the local animal control officer for enforcement. 

1. Domesticated Animals.   

1. All pets shall be maintained as essentially indoor pets and no more than two such indoor pets shall be kept on any one Lot at any time. All animals shall be on a leash when not on the Owner’s Lot.  All animals, when allowed outdoors, shall be on a leash or kept within an enclosed area, which must be clean, sanitary, and reasonably free of waste always. No pet may be chained or staked out without the Owner being in the immediate control of the pet.   

• All pets must be registered and vaccinated in accordance with the requirements of Aransas Pass Animal Control. All pets determined by the ACC to be vicious shall not be allowed and will be reported to the local animal control officer for enforcement.  Owners or any Lessee must have on hand a copy of pet’s immunizations or rabies vaccinations. 

1. Firearms.  No firearms or explosives shall be kept or maintained on any Lot, other than firearms for the protection of an Owner’s family and property and firearms for sporting or recreational purposes.  No explosives or fireworks of any type shall be discharged within the Property.  No hunting, including hunting with bow and arrow, pellet guns, or sling shots, is permitted within the Subdivision, and no firearms of any type shall be discharged within the Subdivision unless necessary to protect an Owner’s person, family or property. 

1. Prohibited Activities.  No business, professional, commercial (AirB&B), or trade venture or activity shall be conducted on any Lot which is visible or open to the public. 

1. Annoyance or Nuisance.  No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which is an annoyance or nuisance to the neighborhood.  No motorized vehicles of any kind shall be operated in any manner which is dangerous, noisy, or offensive to any of the Owners. 

1. Oil and Gas, Mining or Energy Operations.  No drilling, exploration, development, quarrying, mining, or other operations in connection with the recovery of oil, gas or other minerals of any kind or character shall be permitted upon or in the Subdivision.  In addition, nor shall wells, tanks, tunnels, excavations, or shafts be permitted within the Subdivision.   

• Water.  No windmill or other structure designed for use in pumping water shall be erected, maintained, or permitted upon any Lot. 

• Re-Subdivision.  Re-subdividing any Lot is expressly prohibited.   

• Fire Pits.  Open fires on a Lot shall be by propane fuel only.  No wood burning fires are permitted unless the fire is enclosed in a freestanding screened device and continually attended until completely extinguished.  The wood burning first hours are from 4pm to 10pm unless temporarily banned by local or state officials. 

Article Four

Property Owners Association

1. Establishment and Governance.  The Property Owners Association is established by filing its Certificate of Formation and is governed by such certificate, this Declaration, and the Bylaws. The Property Owners Association has the powers of a nonprofit corporation and a property owners association under the Texas Business Organizations Code, the Texas Property Code, the Dedicatory Instruments and the rules or policies adopted by it as permitted or required by law. 
2. Governing Rules. The Board will adopt rules and policies as the Board determines for the orderly development and maintenance of the subdivision and as required by law, the Declaration, or the other Dedicatory Instruments. Owners will be provided a copy of the Governing Rules as from time to time amended upon their purchase of a Lot.  Additional copies of the Governing Rules may be requested at the Owner’s written request and expense. 
3. Membership and Voting Rights. Every Owner is a Member of the Property Owners Association. Membership is appurtenant to and may not be separated from ownership of a Lot. 

1. The record date for determining the Owners eligible to vote as Members will be set out in the Bylaws. 

Article Five

ACC

A.        Establishment 

1. The ACC will be a committee of the Property Owners Association to assist the Property Owners Association in ensuring that all RV’s, Structures, and landscaping within the Subdivision comply with the Declaration, the Governing Rules and are aesthetically compatible with other improvements in the subdivision.  

• The ACC consists of at least three (3) persons but not more than five (5) persons.  

. 

• ACC members serve until replaced by the Board, as applicable, or they resign.

• Subject to Board approval, the ACC may adopt standards that do not conflict with the other Dedicatory Instruments to carry out its purpose.  These standards

                   are not effective unless recorded with the county clerk.  On request, Owners will be

                   provided a copy of any standards. 

B.         Plan Review  

1. No Casita or Structure may be erected on any Lot, or the exterior altered, unless plans, specifications, and any other documents requested by the ACC have been submitted to and approved by the ACC. The plans and specifications must show exterior design, height, building materials, color scheme, location of the Residence and Structures depicted horizontally and vertically, and the general plan of landscaping, all in the form and detail the ACC may require. 

            2.         Procedures

1. At a minimum, the Owner shall, furnish to the ACC in duplicate the following plans and specifications: (1) a site plan showing the location of the Pad Site to be placed on the Lot; (2) a driveway construction plan; and (3) a site plan showing the location of all proposed Structures and landscaping.  All such materials shall be delivered to the ACC, or such other address as may hereafter be designated, not less than thirty (30) days prior to the date construction on a Lot is to be commenced. 

• Within fifteen (15) days after the submission of plans and specifications by an Owner, the ACC must notify the submitting Owner of any other documents or information required by the ACC.  In the absence of timely notice from the ACC requesting additional documents or other information, the submission is deemed complete. 

• If the ACC fails to give notice of disapproval of the plans and specifications to the submitting Owner within thirty (30) days after complete submission, the submitted plans and specifications are deemed approved. Notwithstanding the foregoing, any failure of the ACC to act upon a request for a variance hereunder, however, shall not be deemed a consent to such variances, and the ACC’s written approval of all requests for variances shall be expressly required. 

• The approval of the ACC of any plans and specifications or variance shall be valid for a period of three (3) years from such approval or deemed approval.  In the event construction in accordance with such plans and specifications or variance is not commenced and prosecuted with due diligence on a Lot within such three (3) year period, the Owner shall be required to resubmit the plans and specifications or request for variance to the ACC, and the ACC shall have the authority to re-evaluate the plans and specifications or variance and may, in addition, consider any changes in circumstances which may have occurred since the time of the original approval thereof. 

• The ACC may refuse to approve the Plans on any grounds which in the sole discretion of the ACC, are deemed sufficient including, but not limited to, purely aesthetic grounds.   

• The ACC may grant a variance from compliance with any of the provisions of this Declaration except for the setback requirements.  All variances must be evidenced in writing and must be signed by at least 2/3 of the members of the ACC.  If a variance is granted, no violation of the covenants, conditions, or restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted.  The granting of such variances shall not operate to waive or amend any of the terms or provisions of this Declaration for any purpose except as to the Lot and in the instance covered by the variance, and such variances shall not be considered to establish a precedent for any future waiver, modification, or amendment of the terms and provision hereof. 

• An Owner may appeal any action of the ACC to the Board. The appealing Owner must give written notice of the appeal to the Board, and if the appeal is by an Owner who is not the submitting Owner, the appealing Owner must also give written notice to the submitting Owner within 10 days after the ACC’s action. The Board shall determine the appeal within 30 days after timely notice of appeal is given. The determination by the Board is final.

• The ACC will maintain written records of all requests submitted to it and of all actions taken. The Board will maintain written records of all appeals of ACC actions and all determinations made. Any Owner may inspect the records of the ACC and Board, but no Owner may inspect or copy the interior floor plan or security system design of any other Owner. 

• The approval or consent of the ACC to any plans or specifications for any work done or proposed in connection with any other matter requiring the approval or consent as to any plans and specifications, or other matter whatever, subsequently or additionally submitted for approval by the same or a different person, such approval or consent shall not be deemed to establish a precedent for future approvals by the ACC.  

• The Property Owners Association, the Board, the ACC, and their members will not be liable to any person submitting requests for approval or to any Owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove any request. 

• Following the approval of the ACC, and prior to the start of construction, Owner will submit all plans pertaining to platting, new construction, and any plumbing, electrical, structural, and mechanical work, to the City of Aransas Pass (the “City”) for review in accordance with the City’s building codes in effect at the time the permit applications are submitted to the City for approval.   

Article Six

Assessments and Remedial Rights

A.        Assessments 

1. Authority. The Property Owners Association may levy Assessments to promote the recreation, health, safety, and welfare of the residents in the Subdivision, to fund operating expenses of the Property Owners Association, including the payment of taxes and utilities attributable to the Common Area, and to improve and maintain the Common Areas.
   1. In addition to the above, the Property Owners Association will be responsible for 20% of all costs associated with the maintenance and upkeep of arterial streets providing access to the Subdivision.
2. Personal Obligation. An Assessment is a personal obligation of each Owner when the Assessment accrues. 
3. Creation of Lien. Assessments are secured by a continuing lien on each which lien is reserved by Declarant and may be assigned to the Property Owners Association. By acceptance of a deed to a Lot, each Owner grants the lien, together with the power of sale, to the Property Owners Association to secure Assessments. 
4. Commencement. A Lot becomes subject to Assessments on conveyance of the Lot. 
5. Regular Assessments
   1. Rate. Regular Assessments are levied by the Board, monthly, to fund the anticipated operating and maintenance expenses of the Property Owners Association. Until changed by the Board, the Regular Assessment is $96.00 per Lot. 
   1. Changes to Regular Assessments. Regular Assessments may be changed annually by the Board. Written notice of the Regular Assessment will be sent to every Owner at least thirty days before its effective date. 
   1. Collections. Regular Assessments will be collected monthly in advance, payable on the first day of the month and on the same day of each succeeding month.  
   1. Limitation.  Regular Assessments will not be increased more than 20% from one year to the next. 
6. Special Assessments. In addition to the Regular Assessments, the Board may levy Special Assessments for the purpose of funding the cost of any construction, reconstruction, repair, or replacement of any capital improvement on the Common Area or for any other purpose benefiting the Subdivision but requiring funds exceeding those available from the Regular Assessments. Special Assessments must be approved by a majority vote of the Members. Written notice of the terms of the Special Assessment will be sent to every Owner. 
7. Fines. The Board may levy a fine against an Owner for a violation of the Dedicatory Instruments as permitted by law. 

• Subordination of Lien to Mortgages. The lien granted and reserved to the Property Owners Association is subordinate to any lien granted by an Owner against a Lot not prohibited by the Texas Constitution. The foreclosure of a superior lien extinguishes the Property Owners Association’s lien as to Assessments due before the foreclosure. 
• Delinquent Assessments. Any Assessment not paid within thirty (30) days after it is due is delinquent. 

B. Remedial Rights 

1. Late Charges and Interest. A late charge of ten percent (10%) of the delinquent amount is assessed for delinquent payments. Delinquent Assessments accrue interest at the rate of ten percent (10%) per year. The Board may change the late charge and the interest rate. 
2. Costs, Attorney’s Fees, and Expenses.  If the Property Owners Association complies with all applicable notice requirements, an Owner is liable to the Property Owners Association for all costs and reasonable attorney’s fees incurred by the Property Owners Association in collecting delinquent Assessments, foreclosing the Property Owners Association’s lien, and enforcing the Dedicatory Instruments. 
3. Judicial Enforcement. The Property Owners Association may bring an action against an Owner to collect delinquent Assessments, foreclose the Property Owners Association’s lien, or enforce or enjoin a violation of the Dedicatory Instruments. An Owner may bring an action against another Owner to enforce or enjoin a violation of the Dedicatory Instruments. 
4. Remedy of Violations. The Property Owners Association may levy a fine against an Owner for a violation of the Dedicatory Instruments.  Alternatively, the Property Owners Association may cure the violation at the sole cost and expense of Owner if Owner does not remedy the violation within 5 days of receiving written notice from the Property Owners association.
5. Suspension of Rights. If an Owner violates the Dedicatory Instruments, the Property Owners Association may suspend the Owner’s rights under the Dedicatory Instruments in accordance with law. 
6. Damage to Property. An Owner is liable to the Property Owners Association for damage to Common Areas caused by the Owner or the Owner’s family, guests, agents, independent contractors, and invitees in accordance with law. 

Article Seven

Common Area

1. Common Area Easements. Each Owner has an easement in and to the Common 

Area, subject to the right of the Property Owners Association to— 

1. charge reasonable admission and other fees for the use of recreational facilities situated on the Common Area, and if an Owner does not pay

these fees, the Owner may not use the recreational facilities; 

• suspend an Owner’s rights to use a Common Area under the Dedicatory Instruments, 
  • grant an easement approved by the Board over the Common Area for utility, drainage, or other purposes, and 
  • dedicate or convey any of the Common Area for public purposes, on approval by a vote of two-thirds of the Members at a meeting in accordance with the Bylaws. 
• Permitted Users.         An Owner’s right to use and enjoy the Common Area extends to the Owner’s family, guests, agents, and invitees, subject to the Dedicatory Instruments. 
• Unauthorized Improvements in Common Area. An Owner may not erect or alter any Structure on, or clear, landscape, or disturb, any Common Area except as approved by the Board. 

Article Eight

Miscellaneous

1. Term. This Declaration runs with the land and is binding for a term of 30 years; provided, however, that all easements granted or referred to herein are perpetual. Thereafter this Declaration automatically continues for successive terms of 10 years each, unless within 3 months before the end of a term two-thirds of the Members at a meeting in accordance with the Bylaws elect not to extend the term. An instrument reflecting the extension will be signed by the Property Owners Association and recorded. 
2. No Waiver. Failure by the Property Owners Association or an Owner to enforce the Dedicatory Instruments is not a waiver. 
3. 
   Corrections. The Board may correct typographical or grammatical errors, ambiguities, or inconsistencies contained in this Declaration, provided that any correction must not impair or affect a vested property right of any Owner. 
4. Amendment. This Declaration may be amended at any time by the Board and thereafter by a vote of 66.67% of the total votes of Owners on the amendment. An instrument containing the approved amendment will be signed by the authorized officer of the Property Owners Association and recorded.   
5. Conflict. In the event of a conflict between this Declaration and any other instrument, the provisions of this Declaration control. 
6. Severability. If a provision of this Declaration is unenforceable for any reason, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other provision of this Declaration, and this Declaration is to be construed as if the unenforceable provision is not a part of the Declaration. 
7. Notices. All notices must be in writing and must be given as required or permitted by the Dedicatory Instruments or by law. Notice by mail is deemed delivered (whether actually received or not) when properly deposited with the United States Postal Service, addressed (a) to a Member, at the Member’s last known address according to the Property Owners Association’s records, and (b) to the Property Owners Association, the Board, the ACC, or a managing agent at the Property Owners Association’s principal office or another address designated in a notice to the Members. Unless otherwise required by law or the Dedicatory Instruments, actual notice, however delivered, is sufficient.  
8. Execution by ACC.  By their signature hereunder the current members of the ACC acknowledge and agree to the replacement and substitution of this Third Amendment with this Declaration.  
9. Counterparts.  This instrument may be executed in multiple counterparts, each of which shall be considered an original for all purposes.  

            This Corrected Third Amendment and Restatement of Declaration of Covenants, Conditions and Restrictions (the “Correction”) for Iron Gator Estates is made as a full replacement of the Prior Covenants and correction in substitution of that certain Second Amendment.   This Correction amends, restates and supersedes in entirely and in all respects the Prior Covenants and Second Amendment. 

EXECUTED as of the dates of the acknowledgements below, but effective for all purposes as of the Effective Date.  

(SIGNATURE PAGES TO FOLLOW)

                                                                        _________________________________

THE STATE OF TEXAS        § 

COUNTY OF ___________ § 

 This instrument was acknowledged before me on this the ____ day of March 2024, by  

Arnold C Dykman, President, Iron Gator Estates Board of Directors.

__________________________________________

                                                                        Notary Public, State of Texas 

                                                                        _________________________________