r 1 Short Form OMB No 1545-1150 Form 990 Return of ...990s.foundationcenter.org/990_pdf_archive/741/741684316/741684316... · r 1 Short Form Form 990 EZ Return of Organization Exempt

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1Short Form

Form 990�EZ Return of Organization Exempt From Income TaxUnder section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung

benefit trust or private foundation)► For organizations with gross receipts less than $100,000 and total assets less

oeparlment of the T uy than $250,000 at the end of the year.iM nua Service ► The organization may have to use a copy of this return to satisfy state reporting requirements.

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OMB No 1545-1150

2©05

A For the 2005 calendar year, or tax year beginning , 2005, and ending , 20B Check if appI e Please C Name of organization D Employer identification number❑ Address change use IRSE] Name label or Fonn Villas Civic Association, Inc. 74 ; 1684316

print or Number and street (or P O. box, if mail is not delivered to street address Rmm/su ite E Telephone number❑Initial

mretu type'

ISpedlicsee P. O. Box 79007 ( 713 ) 464-911 1❑ Final return

❑ Amended return l City or town, state or country, and ZIP + 4 F Group Exemption❑ Appli aton pending ,ions . Houston , TX 77279-9007 Number . . ►

• Section 501(c)t3) organizations and 4947(a)(1) nonexempt charitable trusts must attach G Accounting method: ® Cash ❑ Accruala completed Schedule A (Form 990 or 990-EZ). Other (specify) ►

H Check ► ❑ if the organizationI Website: ► is not required to attachJ Organization type (check only one)- [1 501 c 4 /insert no.) ❑ 4947 a 1 or ❑ 527 Schedule B (Form 990, 990-FZ, or 990-PF).

K Check ►❑ if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but if theorganization chooses to file a return, be sure to file a complete return. Some states require a complete return.

L Add lines 5b, 6b, and 7b, to line 9 to determine gross receipts; if $100,000 or more, file Form 990 instead of Form 990-EZ . ► $ 67,037Revenue. Exnenses- and Chances in Net assets or Fund Balances (See oaae 38 of the instructions-)

1 Cont ributions gifts grants and similar amounts received . . . . . . . . . . . . . . 1, , ,2 Program service revenue including government fees and contracts . . . . . . . . . . 23 Membership dues and assessments . . . . . . . . . . . . . . . .. 3 61,102. . .4 Investment income . . . . . . . . . . . . . . . . . . . 4 4,470

5a Gross amount from sale of assets other than inventory . . . . . 5ab Less : cost or other basis and sales expenses . . . . . . 5bc Gain or (loss) from sale of assets other than inventory (line 5a less line 5b) (attach schedule). Sc

rz 6 Special events and activities (attach schedule). If any amount is from gaming, check here ► ❑a Gross revenue (not including $ of contributions

reported on line 1) . . . . . . . . . . . . . . . . . 6a =b Less : direct expenses other than fundraising expenses 6bc Net income or (loss) from special events and activities (line 6a less line 6b) . . . . . . 6c

7a Gross sales of inventory, less returns and allowances . . . 7a

b Less : cost of goods sold . . . . . . . . . . . . . . . 7b��c Gross profit or (loss) from sales of inventory (line 7a less line 7 7c?�

°� )8 Other revenue (describe ► Directory 8 1,4659 Total revenue (add lines 1 , 2, 3, 4, 5c , 6c, 7c, and 8). 9 67,037

%110 Grants and similar amounts paid (attach schedule) 10. A1vt °`11 Benefits paid to or for members 11. .

and employee benefits . . . -'��9 1other compensation12 Salaries 12,,13 Professional fees and other payments to independent contractors oG 13 39,165

°.

utilities and maintenance14 Occupancy rent 14 1,740, , ,and shippingpublications postage15 Printing 15 1,645, , . . . .,

16 Other expenses (describe ► Insurance 4,373 Office Expense 77 Picnic 898 16 5,348. . . . . . . . . . . . . . . . .17 Total expenses (add lines 10 throw h 16) ► 17 47,898

. . . . . . .18 Excess or (deficit) for the year (line 9 less line 17) . . 18 19,139. . . . .19 Net assets or fund balances at beginning of year (from line 27 , column (A)) (must agree with 'l

end-of-year figure reported on pri or year 's return) 19 126,531Z

.20 Other changes in net assets or fund balances (attach explanation ) . . . . . .. . . 2021 Net assets or fund balances at end of year (combine lines 18 through 20) . . ► 21 145,670

Balance Sheets--If Total assets on line 25, column (B) are $250 ,000 or more , file Form 990 instead of Form 990-EZ.(See page 41 of the instructions .) (A) Beginning of year (B) End of year

. . . .22 Cash savings and investments 162,129 22 174,576., . . . . . . . . . . . .,. .23 Land and buildings 23.. . . . . . . . . . . . . . . .

24 Other assets (describe ► Deposit 35 Prepaid Expense 8,328 ) 35 24 8,363. . . . . . . .25 Total assets 162,164 25 182,939. . . . . . . . . . .

26 Total liabilities (describe ► Deferred revenues ) 35,633 26 37,26927 Net assets or fund balances (line 27 of column (B) must agree with line 21 ) . 126,531 27 145,670For Privacy Act and Paperwork Reduction Act Notice , see the separate instructions . Cat No 106421 Form 990-EZ (2005)

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Form 990-EZ (2005) Page 2

Statement of Program Service Accomplishments (See page 42 of the instructions.) ExpensesWhat is the organization's primary exempt purpose? promote public interest of Fonn Villas subdivision (Required for 501(c)(3)

and (4) organizationsDescribe what was achieved in carrying out the organization's exempt purposes. In a clear and concise manner, and 4947(a)(1) trusts;describe the serv ices provided, the number of persons benefited, or other relevant information for each program title. optional for others.)

28 Security patrol (by Constable ) of community

-•------- - ---- - ---- -- ------ -- -- ----- - ------ •---- - -- --(Grants If this amount includes foreign grants check here ► ❑ 28a 24,919

29 Beautification of entrance 1,719 ---------- ----------------------------------Remodel entrances 1,227------------------------------------------------------------------------------------------------ ---------- --------- ------------------------------------------------------ -------------------------------------------------------------------- ------(Grantst ) If this amount includes foreig n qrants, check here. ► 0 29a 2,946

30 .Maintenance of common areas

----------------------------------------------------------------------------------------------------------------------------------------------------Grants $ If this amount includes foreign grants check here ► ❑ 30a 7

31 Other program services (attach schedule) . . . . . . . . . . . . . . . . . . . . .(Grants $ If this amount includes foreign grants, check here ► ❑ 31 a

32 Total program service expenses (add lines 28a through 31 a) . ' 32 35List of Officers. Directors. Trustees, and Key Employees (List each one even if not compensated. See pane 42 of the instructions.)

(A) Name and address(B) Title and average

hours per weekdevoted to posit ion

(C) Compensation(if not paid ,enter -0-.)

(0) Contnbutions toemployee benefit plans &deferred compensation

(E) Expenseaccount and

other allowances

----------------------------------------------------- ----------Schedule attached

--------------------------------------------------- ------------

--------------•------------------ -----•------•-----------------

----------------------------------------------------------------

Other Information (Note the attachment requirement in General Instruction V, page 14.) Yes No

33 Did the organization engage in any activity not previously reported to the IRS? If "Yes," attach a detaileddescription of each activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

✓

34 Were any changes made tothe organizing or governing documents but not reported to the IRS? If "Yes,"attach a conformed copy of the changes ... . . . . . . . . . . . . . . . . . . . . 34

✓.

35 If the organization had income from business activities, such as those reported on lines 2, 6, and 7 (among others), but notreported on Form 990-T, attach a statement explaining your reason for not reporting the income on Form 990-T. , '.

a Did the organization have unrelated business gross income of $1,000 or more or 6033(e) notice, reporting, andproxy tax requirements? - _. . . . . :1 . . . . . . . . . . . . . . . . . . . a

✓

b If "Yes," has it filed a tax return on Form 990-T for this year? . . . . . . . . . . . . . . . 35b36 Was there a liquidation, dissolution, termination, or substantial contraction during the year? (If "Yes," attach a

statement.) . . . . . . . . . . ... . . . . . . . . . . . . . . . . 36✓

37a Enter amount of political expenditures, direct or indirect, as described in the instructions. ► 37a Noneb Did the organization file Form 1120-POD for this year? . . . . . . . . . . . . . . . 37b ✓

38a Did the organization borrow from, or make any loans to, any officer, director, trustee, or key employee or wereany such loans made in a prior year and still unpaid at the start of the period covered by this return? . . . 38a ✓

b If "Yes," attach the schedule specified in the line 38 instructions and enter the amountinvolved . . . . . . . . . . . . . . . . . . . . . . . . . . 38b

39 501(c)(7) organizations. Enter:a Initiation fees and capital contributions included on line 9 . . . . . . . . . . 39ab Gross receipts, included on line 9, for public use of club facilities . . . . . . . . 39b

40a 501(c)(3) organizations. Enter amount of tax imposed on the organization during the year under:section 4911 ► ; section 4912 ► ; section 4955 ► _

b 501(c)(3) and (4) organizations. Did the organization engage in any section 4958 excess benefit transaction during theyear or did it become aware of an excess benefit transaction from a prior year? If "Yes," attach an explanation.

✓

c Enter amount of tax imposed on organization managers or disqualified persons during the year undersections 4912, 4955, and 4958 . . . . . . . . . . . . . . ►

d Enter amount of tax on line 40c reimbursed by the organization . ►Form 990-EZ (2005)

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Form 990-EZ (2005) Page 3

Other Information (Note the attachment requirement in General Instruction V, page 14.) (Continued)41 List the states with which a copy of this return is filed. ►42a The books are in care of ► _O.-C, Aldrich,.lll------------------------------------------------ Telephone no. ► (_713 ) 464-9111

Located at . _12614 Kingsride Houston , TX ZIP + 4 ► 77024-4006-------•----------b At any time during the calendar year, did the organization have an interest in or a signature or other authority

over a financial account in a foreign country (such as a bank account, securities account, or other financialaccount)?If "Yes," enter the name of the foreign country: ►

C

43

See the instructions for exceptions and filing requirements for Form TD F 90-22.1.At any time during the calendar year, did the organization maintain an office outside of the U.S.?.If "Yes," enter the name of the foreign country: ►Section 4947(a)(1) nonexempt charitable trusts filing Form 990-EZ in lieu of Form 1041-Check hereand enter the amount of tax-exempt interest received or accrued during the tax year . . . ►

Yes No42b ✓

42c ✓

► ❑43 1

Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledgeand belief i ru , rrect, and complete Declaration of preparer (other than officer) is based on all information 91 wh h preparer has any knowledge

PleaseSign ' Signature of officer Date'Here 0. C. Aldrich, III Treasurer

Type or pri nt name and title

Paid Preparers Date Check if Preparers SSN or KIN (See Gen Inst W)signature ► ❑lPre arer's emp oyedp F '

Use Onls name (or yoursirm

f lfEIN ►

y i -employed),seaddress and ZIP + 4 Phone no ► I 1

Form 990-EZ (2005)

Ben Chambers12723 KingsndeHouston , TX 77024

Frances Greene12718 Broken BoughHouston , TX 77024

Suzanne Dunne12630 KingsrideHouston , TX 77024

Oliver Aldrich, III12614 KingsrideHouston , tX 77024

Jim Kelley12615 KingsrideHouston , TX 77024

Bill Prewett607 BendwoodHouston , TX 77024

Dick Sundt12722 TaylorcrestHouston , TX 77024

Felix Cantu12727 PebblebrookHouston , TX 77024

Stefano Costantini12622 PebblebrookHouston , TX 77024

Sarah Valerius603 Val LenaHouston , TX 77024

Fonn Villas Civic Association, Inc.#74-1684316 Form 990-EZ

Pa rt IV - Officers & Directors

Title/Avg Hours Benefit Expenseper week comp. Plan Account

President None None None4 hours

Vice President None None None4 hours

Secretary None None None4 hours

Treasurer None None None4 hours

Director None None None2 hours






437,4cY4.D 7 r RAA 990

V\,Ul LU v 2005 AMENDMENT TO FONN VILLAS RESTRICTIONS

.� THE STATE OF TEXAS §

05/05/0Y4465,5;4Y4.465 4-COUNTY OF HARRIS § 100786452

WHEREAS, by instruments executed and filed for record pri or to 1966 in the

Official Public Records of Real Property of Harris County, Texas, Kickerillo Development

Company, a Texas Corporation, established restrictive covenants (the "Fonn Villas Restrictions"

or "Deed Restri cti ons") running with the land situated in the FONN VILLAS SUBDIVISION;

and

WHEREAS, by instrument filed for record October 26, 1973, in the Office of the

County Clerk ofHarri s County, Texas, under Clerk' s File No. E007968 and recorded under Film

Code No. 169-34-0312 in the Official Public Records of Real Property of Harris County, Texas,

the majority ofthe owners of the lots in FONN VILLAS SUBDIVISION amended the restri ctive

covenants running with the land situated in said FONN VILLAS SUBDIVISION; and

WHEREAS, by instrument filed for record October 01, 1984, in the Office of the

County Clerk of Harris County, Texas, under Clerk ' s File No. J717131 and recorded under Film

Code No. 095-95-0370 in the Official Public Records of Real Property of Harris County, Texas,

the majority of the owners ofthe lots in FONN VILLAS SUBDIVIDION amended the restrictive

covenants (the "Form Villas Restri ctions") running with the land situated in said FONN VILLAS

SUBDIVISION; and

WHEREAS, the following definitions are adopted by the membership and are

$127.51)

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added in their entirety to the Fonn Villas Restrictions as follows.

DEFINITIONS

1. "Architectural Control Committee" or "ACC" shall mean and refer to acommittee having full and complete authority to approve or disapprove any Structure,fence, wall, or other Improvement, or changes or alterations on any Lot, and its judgmentshall be final The ACC shall be composed of the officers of the Fonn Villas CivicAssociation and the Architectural Standards Committee chairperson. The chairperson ofthe ACC shall be the President of the Fonn Villas Civic Association or the Vice-President, in the absence of the president. A quorum will be four (4) members with amajority vote required and in case of a tie vote, or appeal, the matter will be referred tothe Board of Directors of the FVCA. In the event of death or resignation of any memberof said committee, the remaining member or members shall have full authority to approveor disapprove such design and location, or to designate a representative with likeauthority.

2. "Architectural Standards Committee" or "ASC" shall mean a committeedesignated by the Architectural Control Committee to approve or disapprove anyStructure, fence, wall or other Improvement, or change or alterations on any Lot.

3. "Board of Directors" shall mean the Board of Directors of the Fonn VillasCivic Association, Inc., as defined by the Fonn Villas Articles of Incorporation.

4. "Buildings" shall mean the Residential Unit, Garage and/or RelatedQuarters erected on or affixed to a lot.

5. "FVCA" shall mean the Fonn Villas Civic Association, Inc., a Texas non-profit corporation, as defined in the Articles of Incorporation of the Fonn Villas CivicAssociation, Inc.

6. "Garage" shall mean a fully enclosed Structure equipped with operatingdoors, attached or detached from the Residential Unit, designed for two (2) or three (3)cars

7. "Guidelines" shall mean the FVCA Guidelines for Architectural andNeighborhood Standards, a separate document that is controlled by the FVCA and whichmay be revised and updated from time to time by the Board of Directors.

8. "Hedge" shall mean a fence of bushes or small trees.9. "Improvement/s" shall mean any tangible material erected on or affixed to

a Lot, including landscaping, sidewalks, driveways, Building, Structure, fixture,residence, Garage, swimming pool, hot tub, porches, porte-cocheres, fences, etc.

10. "Lot" and/or "Lots" shall mean each of the numbered plats of land shownon the maps or plats of the Fonn Villas Subdivision which are subject to the DeedRestrictions.

11. "Maintenance Fund" shall mean that fund created by the payment of theannual assessment by the owners of Lots in Fonn Villas Subdivision as provided for inthese Deed Restrictions and managed by the Board of Directors of the Fonn Villas CivicAssociation.

12. "Private Community Club" shall mean a community club, encompassingthe entire property as indicated in Reserve A in Section III and Reserve A in Section IVof the Fonn Villas Subdivision, "organized to exclusively promote the public interest ofthe Fonn Villas area of Harris County, Texas by owning and operating a swimming pool

2

for its members", as defined in the Fonn Villas Swim Club, Inc. Articles of Incorporationdated 3/21/1962.

13. "Related Quarters" shall mean a living area separate from the ResidentialUnit that is constructed over or contiguous to the Garage. Said Related Quarters must beattached to the Residential Unit by, as a minimum, a completely enclosed and roofedhallway. Related Quarters may only be occupied by members of the Single Familyoccupying the Residential Unit No Lot shall have more than one Residential Unit.

14. "Residential Purposes" shall be construed to exclude hospitals, clinics,duplex houses, town houses, apartment houses, garage apartments, patio homes, boardinghouses, nurseries, day care centers, residences for transients, hotels; and to excludecommercial and professional uses whether from Residential Units, Garages, RelatedQuarters, or any outbuilding or otherwise, which, as determined at the sole discretion ofthe Board of Directors, are a nuisance or create unsightly appearances, objectionablenoise or objectionable vehicular and/or pedestrian traffic.

15. "Residential Unit" shall mean and refer to the main residence of a SingleFamily, which includes the kitchen; and exclusive of the Garage or Related Quarters.

16. "Single Family" shall mean either (i) husbands and wife, their dependentchildren and their dependent parents, grandparents, grandchildren, brothers, and sisterswho all are members of a single family related by blood, marriage or adoption, or (ii) oneor more persons not so related but who are maintaining a common household with acommon kitchen and dining area in a Residential Unit on a non-profit, non-commercialbasis; and (iii) the domestic help of either, subject to the approval ofthe ACC.

17. "Single Family Detached" shall mean a single Residential Unit plus aGarage that may or may not have a Related Quarters constructed over or contiguous to it,all containing only one kitchen, for the use by a Single Family, and all for ResidentialPurposes only.

18. "Structure" shall mean any construction using tangible material erected onor affixed to a Lot.

19. "Subdivision" as defined by the Bylaws of the Fonn Villas CivicAssociation, Inc.

WHEREAS, covenant and restriction "(a)" of the aforesaid Fonn Villas Restrictions

provides as follows:

(a) Subject to the exceptions specified below, no lot shall be used except forresidential purposes except Reserve A in Section III of FONN VILLAS SUBDIVISIONand Reserve A in Section IV of FONN VILLAS SUBDIVISION which shall be used forthe Private Community Club as indicated on the respective maps of said Sections III andIV and the restrictions herein after set out shall have no force or effect on said Reserve Ain Section III and Reserve A in Section IV. The term "residential purposes" as usedherein excludes hospitals, clinics, duplex houses, apartment houses, boarding houses,hotels and further excludes commercial and professional uses whether from homes,residences or otherwise, and all such uses of the aforesaid lots are hereby expresslyprohibited No building shall be erected, altered, placed or permitted to remain on any lot

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other than one detached single family dwelling not to exceed two stories in height and aprivate garage for not more than three (3) cars

However, Lot 25 in Block 4, Section I of FONN VILLAS SUBDIVISION may beused as a site for a realty sales office using the existing building. If the existing buildingis replaced , the plans for the new building must be approved by the Architectural ControlCommittee.

WHEREAS, we, the undersigned, being a majority of the owners of the lots in FONN

VILLAS SUBDIVISION, desi re to amend and restate the aforesaid covenant and restriction

"(a)" of the Fonn Villas Restrictions as hereinafter set forth.

NOW, THEREFORE, we the undersigned , do hereby amend and restate in its entirety

covenant and restriction "(a)" of the Fonn Villas Restricti ons as follows.

(a) Subject to the excepti on specified below, no Lot shall be used except forResidenti al Purposes . No building shall be erected , altered, placed orpermitted to remain on any Lot other than one Single Family Detacheddwelling not to exceed two stories in height . However, Lot 25 in Block 4,Section I of the FONN VILLAS SUBDIVISION may be used as a site for arealty sales office using the existing building If the existi ng building isreplaced , the plans for the new building must be approved by theArchitectural Control Commi ttee.

As long as the following properties are used for the purpose stated below,such properties shall be permitted as an exceptions to the restricted use onlyfor Residential Purposes, but if such properties are no longer used as belowstated, such properties shall thereafter be used only for Residential Purposes.

Reserve A in Section III of FONN VILLAS SUBDIVISION andReserve A in Section IV of FONN VILLAS SUBDIVISION, shallbe used only as a Private Community Club as indicated on therespective maps of said Sections III and IV; and in the event theproperty ceases to be used as a Private Community Club then theproperty is restri cted to Single Family Detached dwellings with thesame restri ctions for Single Family Detached dwellings with Lots asshown in this document

The disapproval of a Lot owners ((i) application for an Improvement or (ii)unauthorized Improvement , by the ACC or its designated representative, maybe appealed to the Board of Directors.

4

WHEREAS, covenant and restriction "(b)" of the aforesaid Fonn Villas Restrictions


(b) No building shall be erected, placed or altered on any building plot in thisSubdivision until the building plans, specifications and plot plan showing the location ofsuch building have been approved in writing as to conformity and harmony of externaldesign with existing structures in the Subdivision, and as to location of the building withrespect to topography and finished ground elevation, by an Architectural ControlCommittee composed of the officers of the Fonn Villas Civic Association and theArchitect ual Standards Committee Chairman. The Chairman of the committee shall bethe President of the Fonn Villas Civic Association or the Vice-President in his absence.A quorum will be five (5) members with a majority vote required and in case of a tie votethe matter will be referred to the Board ofDirectors of the Fonn Villas Civic Association.In the event of death or resignation of any member of said committee, the remainingmember or members shall have full authority to approve or disapprove such design andlocation, or to designate a representative with like authority. In the event said committee,or its designated representative, fails to approve or disapprove such design and locationwithin forty-five (45) days after said plans and specifications have been submitted to it,or, in any event, if no suit to enjoin the erection of such building or the making of suchalterations has been commenced prior to the completion thereof such approval will notbe required and this covenant will be deemed to have been complied with. Neither themembers of such committee nor its designated representative shall be entitled to anycompensation for services performed pursuant to this covenant.


VILLAS SUBDIVISION, desire to amend and restate the aforesaid covenant and restriction

"(b)" ofthe Fonn Villas Restrictions as hereinafter set forth.

NOW, THEREFORE, we the undersigned , do hereby amend and restate in its enti rety

covenant and restri ction "(b)" of the Fonn Villas Restrictions as follows:

(b) No Building, fence, wall or other Structure or Improvement shall be erected,altered, placed or permitted to remain on any Lot, nor shall any exterior addition to, orchange, or alteration therein be made until the construction plans and specifi cationdescribing the nature, kind, shape, height and materi als and a Lot plan showing thelocation of the Building, fence, wall or other Structure or Improvement, have beenapproved in writing by the ACC prior to the commencement of construction as toharmony of exteri or design, for and size with existing Strictures in the Subdivision, asto locati on with respect to topography and finished 'ground elevation, and as to

5

compliance with these Deed Restrictions and any other architectural control standardswhich may have been promulgated by the FVCA. The disapproval of a Lot owner's (i)written application for an Improvement or (ii) an unauthorized Improvement, by theACC, or its designated representative , may be appealed to the Board of Directors. In theevent the ACC, or its designated representative, fails to approve or disapprove the writtenapplication within forty-five (45 ) days after said application has been submitted to it,such approval will not be required and this covenant will be deemed to have beencomplied with. Any changes or amendments to the said plans and specification shallrequire a new application for approval by the ACC. The members of the ACC shall notbe entitled to any compensation for services performed pursuant to this covenant.

WBEREAS, covenant and restriction "(c)" of the aforesaid Fonn Villas Restrictions


(c) No building shall be located nearer to the front lot line or nearer to the sidestreet than the building setback lines shown on the recorded plats. In any event, nobuilding shall be located on any residential building plot nearer than 25 feet to the frontlot line, nor nearer than 10 feet to any -side street line, nor nearer than 5 feet from the rearlot'line, nor nearer than 3 feet from any side line provided, however, that 'as to such lotsas face upon cul-de-sacs, a building may be located as near as 15 feet to the front lot line,and as to all lots where the garage is situated as near as 25 feet to the rear lot line, suchgarage may be situated as near as 3 feet from the side line. All improvements shall beconstructed on the side to front on the street upon which the site faces, and each cornersite shall face on the street on which it has the smallest frontage



"(c)" ofthe Fonn Villas Restrictions as hereinafter set forth.

NOW, THEREFORE, we the undersigned, do hereby amend and restate in its entirety

covenant and restriction "(c)" ofthe Fonn Villas Restrictions as follows:

(c) No building shall be located nearer to the front Lot line or nearer to the sidestreet than the building setback lines shown on the recorded plats. In any event, nobuilding shall be located on any residential building plot nearer than 25 feet to the frontlot line, nor nearer than 10 feet to any side street line, nor nearer than 5 feet from the rearLot line, nor nearer than 3 feet from any side line, provided, however, that as to such Lotsas face upon cul-de-sacs, a building may be located as near as 15 feet to the front LotLine, and as to all Lots where the Garage is situated as near as 25 feet to the rear Lot line,such Garage may be situated as near as 3 feet from the side line. The Residential Unit

C,

shall be constructed to front on the street upon which the site faces, and each corner siteshall face on the street on which it has the smallest frontage.

WHEREAS, covenant and restriction "(d)" of the aforesaid Fonn Villas Restrictions

provides as follows

(d) No residential structure shall be erected or placed on any building plot whichplot has an area of less than 7,000 square feet or a width of less than 60 feet at the frontbuilding setback line. 6

WHEREAS , we, the undersigned, being a majority of the owners of the lots in FONN


"(d)" of the Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(d)" of the Fonn Villas Restrictions as follows:

(d) No Single Family Detached Structure shall be erected or placed on any Lot,which Lot has an area of less than 7,000 square feet or a width of less than 60 feet at thefront building setback line.

WHEREAS, covenant and restriction "(e)" of the aforesaid Fonn Villas Restrictions

provides as follows

(e) No noxious or offensive trade or activity shall be carried on upon any lot norshall anything be done thereon which may be or become an annoyance or nuisance to theneighborhood.


VILLAS SUBDIVISION , desire to amend and restate the aforesaid covenant and restriction

"(e)" of the Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(e)" of the Fonn Villas Restrictions as follows:

7

(e) No noxious or offensive trade or activity shall be carried on upon any Lot norshall anything be done thereon which is an annoyance or nuisance to the neighborhood.

WHEREAS, covenant and restriction "(f)" of the aforesaid Fonn Villas Restrictions

provides as follows

(f) No trailer, basement, tent, shack garage, barn or other outbuilding erected onthe tract shall at any time be used as a residence, temporarily or permanently nor shallany structure of a temporary character be used as a residence


VILLAS SUBDIVISION, desire to amend and restate the aforesaid covenant and restriction "(f)"

of the Form Villas Restrictions as hereinafter set forth


covenant and restriction "(f)" of the Fonn Villas Restrictions as follows:

(f) No trailer, basement, tent, shack, Garage, barn, or other outbuilding erected onthe Lot shall at any time be used as a Residential Unit, temporarily or permanently, norshall any structure of a temporary character be used as a Residential Unit.

WHEREAS, covenant and restriction "(g)" of the aforesaid Fonn Villas Restrictions


(g) No residential structure shall be placed on any lot unless its living area has aminimum of 1,800 square feet of floor area exclusive of porches and garage

WHEREAS, we, the undersigned , being a majority of the owners of the lots in FONN


"(g)" of the Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(g)" of the Fonn Villas Restrictions as follows:

8

(g) No Residential Unit shall be placed on any Lot unless its living area has aminimum of 1,800 square feet of floor area exclusive of porches and garage.

WI-EREAS , covenant and restriction "(h)" of the aforesaid Fonn Villas Restrictions

provides as follows

(h) The exterior walls of all residences shall be at least fifty-one per cent brick,brick veneer, stone, stone veneer, concrete or other masonry type construct but saidarchitectural control committee shall have the power to waive the masonry requirementso as to allow the erection of a residence of all redwood panel walls or all cedar panelwalls. No residence shall have a roof other than cedar shingles without the prior writtenapproval of said architectural control committee



"(h)" of the Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(h)" ofthe Fonn Villas Restrictions as follows-

(h) The exterior walls of all Residential Units shall be at least fifty-one percent(51%) brick, brick veneer, stone, stone veneer, concrete or other masonry typeconstruction. No Buildings shall have a roof other than asphaltic fiberglass or aluminumtype shingles, having a minimum thirty (30) year warranty without the prior writtenapproval of the Architectural Control Committee.

WHEREAS, covenant and restriction "(i)" of the aforesaid Fonn Villas Restrictions

provides as follows.

(i) Easements for installation and maintenance of utility and drainage facilities arereserved as shown on the recorded plats

Title to any lot or portion of lot conveyed by Owners shall not include title towater lines, sewer lines, or any public utility lines in these easements or streets.

The right of entry to any easement for the purpose of building, maintaining orrepairing lines is expressly reserved and neither Owners or their assigns nor the operator

9

of any public utility shall be liable for damage to any plant, structure, or building on sucheasement, because of any such construction, maintenance or repair.


VILLAS SUBDIVISION, desire to amend and restate the aforesaid covenant and restriction "(i)"

of the Fonn Villas Restri ctions as hereinafter set forth.


covenant and restriction "(i)" of the Fonn Villas Restrictions as follows:

(i) Easements for installation and maintenance of utility and drainage facilities arereserved as shown on the recorded plats.

Title to any Lot or portion of Lot conveyed by owners shall not include title towater lines, sewer lines, or any public utility lines in these easements or streets.

WHEREAS, covenant and restriction "(j)" of the aforesaid Fonn Villas Restrictions


(j) The raising or keeping of hogs, horses, poultry, fowls, or other animals on anypart of said FONN VILLAS SUBDIVISION is strictly prohibited, except that dogs, catsor other household pets, not more than two (2) may be kept.


VILLAS SUBDIVISION, desire to amend and restate the aforesaid covenant and restriction "(j)"

ofthe Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(j)" of the Fonn Villas Restrictions as follows:

(j) The raising, breeding, or keeping of livestock, pigs, poultry, fowls, or otheranimals on any part of said FONN VILLAS SUBDIVISION is strictly prohibited, exceptthat dogs, cats or other free-roaming household pets may be kept on a Lot, provided theyare not kept, bred, or maintained for any commercial purposes and further provided, notmore than a total of three (3) such pets may be kept on the Lot.

10

WHEREAS, covenant and restriction "(k)" of the aforesaid Fonn Villas Restrictions

provides as follows-

(k) Bridges constructed over property line ditches shall be of concrete pipe and ofa size not less than 18 inches, or of a greater size should ditches be of a depth to requiresame, in order that drainage will not be retarded


VILLAS SUBDIVISION, desire to amend and restate the aforesaid covenant and rest riction

"(k)" of the Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(k)" of the Fonn Villas Restrictions as follows.

(k) In the event any Improvements on a Lot come into a state of disrepair or aredamaged by natural disaster or casualty loss, said Improvements shall be repaired orreplaced to their original or better condition and steps shall be taken to cure or remedy thecondition within 30 days after written notification by the ACC. Alternately, a Lot ownermay clear the Lot, and must take steps to do so within 30 days of written notice from theACC, in order to return the Lot to the original vacant condition which existed prior to theplacement of any and all Improvements to said Lot

WHEREAS, covenant and restriction "(1)" of the aforesaid Fonn Villas Restrictions


(1) No water well, septic system, or cesspool shall be permitted. Residents mustuse water and sewerage services provided by Memorial Bend Utility Company until suchtime as those services are furnished by State, County, Municipal, or other governmentalauthorities


VILLAS SUBDIVISION, desire to amend and restate the aforesaid covenant and restriction "(1)"

of the Fonn Villas Restrictions as hereinafter set forth.

11


covenant and restriction "(1)" of the Fonn Villas Restrictions as follows-

(1) No water well , septic system, or cesspool shall be permitted Residents mustuse water and sewerage services provided by the City ofHouston.

WHEREAS, covenant and restriction "(m)" of the aforesaid Fonn Villas Restrictions

provides as follows

(m) No spirituous, vinous, or malt liquors, or medicated bitters capable ofproducing intoxication, shall ever be sold, or offered for We, on any site in thisSubdivision, not shall said premises or any part thereof be used for vicious, illegal, orimmoral purposes, nor for any purpose in violation of the laws of the State of Texas, or ofthe United States, or of police, health, sanitary, building or fire code, regulation orinstruction relating to or affecting the use or occupancy or possession of any of the saidsites.

WHEREAS , we, the undersigned, being a majority of the owners of the lots in FONN


"(m)" of the Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(m)" of the Fonn Villas Restrictions as follows:

(m) No spirituous, vinous, or malt liquors, or medicated bitters capable ofproducing intoxication, shall ever be sold, or offered for sale, on any site in thissubdivision, nor shall said premises or any part thereof be used for vicious, illegal, orimmoral purposes, nor for any purpose in violation ofthe laws of the State of Texas, or ofthe United States, or of police, health, sanitary departments, or building or fire code,regulation or instruction relating to or affecting the use or occupancy or possession of anyof the said sites.

WHEREAS, covenant and restriction "(n)" of the aforesaid Fonn Villas Restrictions


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(n) No sign of any kind shall be displayed to the public view except one sign ofnot more than 5 square feet, advertising the property for sale or rent, or signs used by abuilder to advertise the property during the construction and sales period.



"(n)" of the Form Villas Restrictions as hereinafter set forth.


covenant and restriction "(n)" of the Form Villas Restrictions as follows:

(n) No sign of any kind may be displayed to the public view except one sign ofnot more than 5 square feet, advertising the property for sale or rent . The FVCA"Guidelines" may authorize additional signs

WHEREAS, covenant and restriction "(o)" of the aforesaid Fonn Villas Restrictions

) provides as follows-

(o) No oil drilling, oil development operations, oil refining, quarrying, or miningoperations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks,tunnels, mineral excavations or shafts be permitted upon or in any lot . No derrick orother structure designed for use in boring for oil, or natural gas shall be erected,maintained , or permitted upon any lot.



"(o)" of the Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(o)" of the Form Villas Restrictions as follows:

(o) No oil drilling , oil development operations , oil refining, quarrying, or miningoperations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks,tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick orother structure designed for use in boring for oil or natural gas shall be erected,maintained , or permitted upon any Lot.

13

WHEREAS, covenant and rest riction "(p)" of the aforesaid Fonn Villas Restrictions

provides as follows

(p) No lot shall be used or maintained as a dumping ground for rubbish. Trash,garbage, or other waste shall not be kept except sanitary containers. All incinerators orother equipment for the storage or disposal of such material shall be kept in a clean andsanitary condition.



"(p)" of the Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(p)" of the Fonn Villas Restrictions as follows.

(p) No Lot shall be used or maintained as a dumping ground for rubbish . Trash,garbage, or other waste shall not be kept except in sanitary containers . All incinerators orother equipment for the storage or disposal of such material shall be kept in a clean andsanitary condition and out of public view, except the location of a temporary dumpster orportable toilet, to be used on a renovation or construction project, must be approved bythe ACC

WHEREAS , covenant and restriction "(q)" of the aforesaid Fonn Villas Restrictions


(q) No fence, wall, hedge, nor any pergola or other detached structure shall beerected, grown or maintained on any part of any lot forward of the front building line ofsaid lot.



"(q)" of the Fonn Villas Restrictions as hereinafter set forth.

14


covenant and restriction "(q)" of the Fonn Villas Restrictions as follows

(q) No fence, wall, Hedge, nor any pergola or other detached Structure shall beerected, grown or maintained on any part of any Lot forward of the front building line ofsaid Lot.

WHEREAS, covenant and restriction "(r)" of the aforesaid Fonn Villas Restrictions


(r) Any violation of any of the covenants, agreements, reservations, easementsand restrictions contained herein shall not have the effect of imparing or affecting therights of any mortgagee, trustee, or guarantor under any mortgage or deed of trust, or theassignee of any mortgagee, trustee, or guarantor, under any such mortgage or deed oftrust outstanding against the said property at the time that the easements, agreements,restrictions, reservations, or covenants may be violated.


VILLAS SUBDIVISION, desire to amend and restate the aforesaid covenant and restriction "(r)"

of the Fonn Villas Restrictions as hereinafter set forth.


covenant and restriction "(r)" of the Fonn Villas Restrictions as follows.

(r) Any violation of any of the covenants, agreements, reservations, easementsand restrictions contained herein shall not have the effect of impairing or affecting therights of any mortgagee, trustee, or guarantor under any mortgage or deed of trust, or theassignee of any mortgagee, trustee, or guarantor, under any such mortgage or deed oftrust outstanding against the said property at the time that the easements, agreements,restrictions, reservations, or covenants may be violated.

WHEREAS, covenant and restriction "(s)" of the aforesaid Fonn Villas Restrictions


(s) Grass and weeds are to be kept down on all vacant lots to prevent an unsightlyappearance. This is an obligation of the owner and is done at his expense.

15

WHEREAS, we, the undersigned, being a majori ty of the owners of the lots in FONN


"(s)" of the Fonn Villas Restrictions as hereinafter set forth


covenant and restriction "(s)" of the Fonn Villas Restrictions as follows:

(s) Grass and weeds are to be kept down on all Lots to prevent an unsightlyappearance . This is an obligation ofthe owner and is done at the owner' s expense.

WHEREAS, covenant and restriction "(t)" of the aforesaid Fonn Villas Restrictions

provides as follows

(t) Each lot shall be subject to an annual maintenance charge based upon thenumber of square feet of lot area, for the purpose of creating a fund to be known as theFonn Villas Maintenance Fund, to be paid by the then owner of each lot in conjunctionwith the charges to be paid by owners of other lots in Fonn Villas. For the calendar year1984 the annual maintenance charge is five (5) mills per square foot of lot area. Suchannual charge may be adjusted by said Fonn Villas Civic Association from year to yearas the needs of the property may, in its judgment require, but shall in no event beincreased for any one calendar year by more than two mills per square foot of lot areaover the maintenance charge set for the previous calendar year. An annual balance sheetof this fund will be mailed or delivered to each owner of property in FONN VILLASSUBDIVISION. This maintenance charge shall be payable to Fonn Villas CivicAssociation, its successors and assigns, annually in advance on January 1 of each yearand shall commence from the date of the conveyance of a lot by Kickerillo DevelopmentCompany, or Form Villas Development Company, as the case may be, and is to besecured by a Vendors Lien reserved in the deeds from said development companies. Saidlien securing said maintenance charge shall be subordinate and inferior to all validpurchase and improvement liens. All past due charges to bear interest from its due dateuntil paid at the rate of six percent (6%) per annum.

Fonn Villas Civic Association shall apply the total ofthe funds so collected, so faras they may be sufficient, toward the payment for maintenance or installation of streets,paths, parks, parkways, esplanades, vacant lots, lighting, fogging and doing any otherthing necessary or desirable in the opinion of said Fonn Villas Civic Association tomaintain or improve the property, or which it considers to be of general benefit to theowners or occupants of FONN VILLAS SUBDIVISION. It is agreed that the decisionsof said Fonn Villas Civic Association shall be final so long as such expenditures aremade in good faith.

16

These annual maintenance charges shall continue as aforesaid until a majority ofthe then lot owners shall file an instrument with the County Clerk of Hams Countyagreeing to the abandonment or amendment of such charges.


VILLAS SUBDIVISION, desire to amend and restate the aforesaid covenant and restriction "(t)"

of the Fonn Villas Restri ctions as hereinafter set forth


covenant and restriction "(t)" of the Fonn Villas Restrictions as follows.

(t) Each Lot shall be subject to an annual maintenance charge based upon thenumber of square feet of Lot area, for the purpose of creating a fund to be known as theFonn Villas Maintenance Fund, to be paid by the then owner of each Lot in conjunctionwith the charges to be-paid by owners of other Lots in Fonn Villas. Such annual chargemay ,be adjusted by the Fonn Villas Civic Association from year to year as- the needs ofthe Subdivision may, in its judgment require, but shall in no event be increased for anycalendar year by more than two (2) mills per square foot of Lot area over the maintenancecharge set for the previous calendar year. An annual balance sheet and income &expense statement of this fund will be mailed or delivered to each Lot owner in FONNVILLAS SUBDIVISION. This maintenance charge shall be payable to Fonn VillasCivic Association, its successors and assigns, annually in advance of January 1 of eachyear and shall commence from the date ofthe conveyance of a Lot by a seller. An unpaidmaintenance charge, plus interest, late charges, collection costs and attorney's fees aresecured by a lien filed of record by the FVCA. Said lien securing said maintenancecharge shall be subordinate and inferior to all valid purchase and Improvement liens. Allpast due charges to bear interest from its due date until paid at the rate of six percent (6%)per annum or at such rate as the Fonn Villas Civic Association may set from time to time

Fonn Villas Civic Association shall apply the total ofthe funds so collected, so faras they may be sufficient, toward the payment for maintenance or installation of streets,paths, parks, parkways, esplanades , vacant lots, lighting, fogging, security measures, anddoing any other thing necessary or desirable in the opinion of said Fonn Villas CivicAssociation to maintain or improve the Subdivision, or which it considers to be ofgeneral benefit to the owners or occupants of FONN VILLAS SUBDIVISION. It isagreed that the decisions of said Form Villas Civic Association shall be final so long assuch expenditures are made in good faith.

These annual maintenance charges shall continue as aforesaid until a majority ofthe then Lot owners shall file an instrument with the County Clerk of Harris Countyagreeing to the abandonment or amendment of such charges.

1 7

WHEREAS, we, the undersigned, being a majority of the owners of the lots in

FONN VILLAS SUBDIVISION, desire to amend and add to the aforesaid covenant and

restriction "(u)" of the Fonn Villas Restrictions as hereinafter set forth.

NOW, THEREFORE, we the undersigned , do hereby amend and add in its entirety

covenant and restriction "(u)" of the Fonn Villas Restrictions as follows:

(u) All Improvements approved by the ACC prior to the effective date of theseamended Deed Restrictions sha ll be considered as being in compliance with the DeedRestrictions, i.e. "grand-fathered".

Except as expressly modified and amended hereby, the Fonn Villas Restrictions shall

remain in full force and effect and are hereby ratified and confirmed.

This instrument may be executed in multiple counterparts.

Executed the dates of our acknowledgements set forth below to be effective as of March

7, 2005.

r^.r

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Documents

r 1 Short Form OMB No 1545-1150 Form 990 Return of ...990s.foundationcenter.org/990_pdf_archive/741/741684316/741684316... · r 1 Short Form Form 990 EZ Return of Organization Exempt