Deed Restrictions
Lincoln Green East (LGE) is working diligently to ensure its assets are restored, maintained and improved to provide an appealing and pleasing place so that you and your family can be PROUD to call it home. In doing so, we are respecting our neighborhood while adding to the land value and improving our quality of life so that we can successfully compete with other North Houston communities. But, all improvement comes with change and our change is with Deed Restriction Enforcement and Amendment #1. These restrictions as outlined in our Restrictions, Covenants and Conditions (RCC) issued in 1978 with the development of the community, are regulations we all must adhere to.
APPLICABLE LINKS:
1. Deed Restriction Enforcement and DRE Amendment #1
2. Architectural (ARC) Guidelines and Amendment #1 and #2
ARC Amendment #3
ARC Amendment #4
3. Sherwin Williams approved color codes
4. Architectural Control Committee (ACC) Application
All communications must be sent to [email protected] for appropriate recording and handling.
There is no excuse to NOT know because these are public record filed in the Harris County land records. A lot owner is deemed to have “constructive notice” of an Association’s restrictions, covenants, and conditions when accepting a property’s deed. So, get to know the restrictions before-hand so that you don't feel that you are being harassed when you get reminders to fix; issued work stoppage orders; and/or be fined.
All property owners and their tenants must adhere to the rules of the Association. It was one of the reasons you purchased or moved to a community with restrictions.
Deed Restriction Violations:
What happens if I do not submit my plans for approval?
If your project was not submitted for approval and has begun or ended without pre-authorization and found to be in violation of any deed restriction including, setback lines, building lines or other criteria described in the Deed Restrictions, LGE will issue a Stop Work Order and require your project be torn down, removed, changed, and even a poured slab removed, in order to comply with Deed Restrictions.
* Projects without approval may be subject to a fine.
* Projects completed and found to be in violation of any deed restriction will be fined at a rate approved by the Board of Director's. These may also incur additional legal and administrative fees until the project is restored to its original state.
The ARC will also advise Harris County Engineering which can also imposed fines daily until the required changes are made. Furthermore, LGE will contact Harris County Appraisal District to follow through on improvements to ensure property record.
What is the purpose of submitting plans?
Safety first! There are many reasons - too many to list here - why you should submit your plans prior to beginning a new construction project or addition to your home.
LGE and Harris County requirements may differ, and to avoid unnecessary revisions between architect/contractor and the County, construction documents including complete plans, elevation and survey in order for the Committee to be able to see the scope of the project and where the addition or new construction project lies within setback and building lines, should be submitted to the ARC and approved prior to being submitted to the Harris County Engineering for permitting.
Submit:
NOTE:
1) Plans not submitted for review to the ARC prior will be red tagged (construction will be halted) until the plans have been reviewed. If approved, plans shall then be submitted to Harris County Engineering for plan approval (submitted to LGE) 30-days prior to construction.
2) If your plans are not approved after review by ARC due to: a) objections to the plans; or b) any nonconforming building found to have been completed, these must be remedied prior to re-submission of plans before another review for approval by the ARC can commence.
3) Approved plans will expire 120 days following the date of approval if not completed. A new request must be submitted.
Open violations are subject to a daily fine set forth by the Board of Directors and in accordance with applicable laws.
APPLICABLE LINKS:
1. Deed Restriction Enforcement and DRE Amendment #1
2. Architectural (ARC) Guidelines and Amendment #1 and #2
ARC Amendment #3
ARC Amendment #4
3. Sherwin Williams approved color codes
4. Architectural Control Committee (ACC) Application
All communications must be sent to [email protected] for appropriate recording and handling.
There is no excuse to NOT know because these are public record filed in the Harris County land records. A lot owner is deemed to have “constructive notice” of an Association’s restrictions, covenants, and conditions when accepting a property’s deed. So, get to know the restrictions before-hand so that you don't feel that you are being harassed when you get reminders to fix; issued work stoppage orders; and/or be fined.
All property owners and their tenants must adhere to the rules of the Association. It was one of the reasons you purchased or moved to a community with restrictions.
Deed Restriction Violations:
There are several regulations; to many to list here. Please refer to our governing document.
1. FENCING - Replace missing fence pickets and make sure your fence is positioned upright. Only wood picket fencing (measuring 6 ft in length, in an upright position with rot board) is replaceable without ARC approval.
2. STREET PARKING - Enforced by Harris County Officials. We must remain aware of the hindrances that can cause unnecessary ticketing/tow. Be reminded that no vehicles are permitted to park on lawns or the medians.
3. INOPERABLE VEHICLES - If you have a vehicle stored in your driveway in street view and has a flat tire, expired tags, car covers, etc are a deed restriction violation. Please store it in your garage or out of street view.
4. MISC STORED ITEMS - Are you storing miscellaneous items such as chairs, toys, tires, etc. in street view? This debris may be considered a nuisance and a violation of the deed restriction. Please relocate these items to your backyard or garage so that these types of items cannot be seen from the street. Also, as a reminder, Garbage collection by DIRECT Waste will not pickup construction debris and they will not pickup heavy trash that is not tied or bundled for easy handling. This is considered a deed restriction violation, and the Association may dispose, and properly charge the property owner for such service.
5. LANDSCAPE AND LAWN MAINTENANCE - Make it a routine to cut, trim and weed regularly. Violations are costly for the property owner.
6. COMMERCIAL VEHICLES AND TRAILERS - These are a violation of deed restrictions. Overnight parking of commercial vehicles is also a violation of the Texas Transportation Code Sec 545.307 as posted.What is the Architectural Review Committee?
The ARC was established by the LGE Bylaws and prescribed by the original RCCs dated 1978. Its purpose is to review all architectural review controls including new construction and renovation plans to ensure compliance. All external builds must also be approved by the appropriate local officials, for example, the Harris County Engineering Department.
Who is on the ARC?
The ARC is a team who may consult engineers or builders to ensure appropriate build (new/rebuild) compliance. In 2019, LGE developed and issued ARC Guidelines to ensure consistent and fair review.
ARCHITECTURAL PLAN SUBMISSION GUIDELINES
What type of building project has to be approved by the ARC?
The ARC form should be submitted for review prior to (please review CCRs for complete detail):
- all exterior painting (link to approved color codes)
- all new construction projects
- modifications of or additions to original home
- construction of attached porch, storage sheds, detached buildings, etc.
- swimming pool additions
- significant landscaping changes, i.e. tree removal, new landscaping materials, etc.
What happens if I do not submit my plans for approval?
If your project was not submitted for approval and has begun or ended without pre-authorization and found to be in violation of any deed restriction including, setback lines, building lines or other criteria described in the Deed Restrictions, LGE will issue a Stop Work Order and require your project be torn down, removed, changed, and even a poured slab removed, in order to comply with Deed Restrictions.
* Projects without approval may be subject to a fine.
* Projects completed and found to be in violation of any deed restriction will be fined at a rate approved by the Board of Director's. These may also incur additional legal and administrative fees until the project is restored to its original state.
The ARC will also advise Harris County Engineering which can also imposed fines daily until the required changes are made. Furthermore, LGE will contact Harris County Appraisal District to follow through on improvements to ensure property record.
What is the purpose of submitting plans?
Safety first! There are many reasons - too many to list here - why you should submit your plans prior to beginning a new construction project or addition to your home.
- LGE and Harris County Engineering wants to ensure adequate drainage for each lot and that a new addition does not create a flooding problem for neighbors where there was none before.
- Builders are held to a certain standard so the integrity of the neighborhood is maintained.
- CCRs ARTICLE IV, Section 1 Provides:
- LOTS are for "Residential" purposes only, no duplexes or multi-family dwellings may not be built or exceed two stories in height with an attached or detached garage which shall be of standard size to accommodate not less than one car.
- "Residential" shall be construed to prohibit the use of said houses for duplex houses, garage apartments or apartment houses; and no LOT shall be used for business or professional purposes of any kind for any commercial or manufacturing purposes. Builders are discouraged from building multiple homes on one block or in one small area which look identical, and many other things.
LGE and Harris County requirements may differ, and to avoid unnecessary revisions between architect/contractor and the County, construction documents including complete plans, elevation and survey in order for the Committee to be able to see the scope of the project and where the addition or new construction project lies within setback and building lines, should be submitted to the ARC and approved prior to being submitted to the Harris County Engineering for permitting.
Submit:
- A Complete Architectural Control Committee (ACC) Application
- A current property survey with clearly marked setback and building lines
- Full plans including roof lines, construction materials, etc.
- Anything else you feel is important to show the scope of your project
NOTE:
1) Plans not submitted for review to the ARC prior will be red tagged (construction will be halted) until the plans have been reviewed. If approved, plans shall then be submitted to Harris County Engineering for plan approval (submitted to LGE) 30-days prior to construction.
2) If your plans are not approved after review by ARC due to: a) objections to the plans; or b) any nonconforming building found to have been completed, these must be remedied prior to re-submission of plans before another review for approval by the ARC can commence.
3) Approved plans will expire 120 days following the date of approval if not completed. A new request must be submitted.
Open violations are subject to a daily fine set forth by the Board of Directors and in accordance with applicable laws.