Proposed Amendment
to POAAE Bylaws
to comply with 2012
Texas Statute changes
BYLAWS OF
PROPERTY OWNERS ASSOCIATION OF AERO ESTATES, INC.
A Non-Profit Organization
ARTICLE ONE – NAME, PURPOSES, AND OFFICES
Section 1: Name. The name of this corporation is Property Owners Association of Aero Estates, Inc. (the Association).
Section 2: Purposes. The Association is organized and will be operated as a nonprofit corporation. The purpose of the Association is to support the maintenance of the runway, taxiways, and common areas (including the waterfront park) of Aero Estates Airpark for the use and enjoyment of the property owners of Aero Estates Airpark.
Section 3: Offices. The Association may have, in addition to its registered office, offices at such places as determined by the members.
ARTICLE TWO – ORGANIZATION
Section 1: Management Resides with Members. The activities, property and affairs of the Association shall be managed by its members.
Section 2: Eligibility for Membership. Membership in the Association is primarily made up of all property owners at Aero Estates Airpark.
Section 3: Voting Rights. Members are eligible to vote on issues affecting the Association. Members will have one vote per member household; not per individual member nor per number of lots owned. Members may vote by proxy.
Section 4: Time and Place of Meetings. Members will establish a schedule of meetings for the year and communicate this schedule to all Members at least ten (10) days, but not more than sixty (60) days before the date of the first meeting, Location of the meetings will be at Aero Estates Airpark or at other locations as determined by the members. No further notice will be required for these regular meetings. Special meetings may be called by the Board or at the request of 25% of Members. Time and place of any special meetings will be communicated to members at least 14 days before the meeting except in emergency situations.
Section 5: Quorum and Manner of Acting. In order to transact business at a membership meeting, a quorum must be present. A quorum exists when two-thirds of the Members are represented at a meeting. All decisions require the affirmative vote of two-thirds of the Members.
Section 6: Consent of Members. Members may approve decisions without a meeting by a vote of 67% of Owner Members. A declaration may be amended only by a vote of 67% of Owner Members.
ARTICLE THREE – BOARD, OFFICERS, AND COMMITTEES
Section 1: Board. Members will elect a Board of Directors consisting of a President, Vice President, Secretary, Treasurer, and Director at Large; the offices of Secretary and Treasurer may be held by the same person. Elected Board Members must be Members and must be elected by the Members. Directors may succeed themselves if so elected. The Board will handle day-to-day affairs of the Association and other duties as delegated by the members.
Section 2: Elections and Term of Office. Members will elect Directors at the first meeting of the year or as soon thereafter as practical. Directors will serve for one year or until the next Board elections. Any vacancy occurring on the Board will be filled by an election at the next members meeting after the vacancy arises. Any elected Director may be removed, either for or without cause, at any regular or special meeting of the members by the affirmative vote of two-thirds of Members.
Section 3: President. The President acts as the chairperson at membership meetings and Board meetings and act as general supervisor of the day-to-day activities of the Association. In the absence of the President, his or her duties will be performed and powers may be exercised by the Vice President, unless otherwise determined by the members.
Section 4: Vice President. The Vice President shall generally assist the President and have the powers and perform the duties delegated to him or her by the President, the Board, or the members.
Section 5: Secretary. The Secretary shall see that the schedule of regular meetings and notice of special meetings are sent to members and shall keep accurate records of all Board and membership meetings. He or she shall generally perform all the usual duties of a secretary of a non-profit corporation.
Section 6: Treasurer. The Treasurer shall be the chief accounting and financial officer of the Association and keep records of receipts and expenses and of dues owed and paid. The Treasurer shall generally perform all the usual duties of a treasurer of a non-profit corporation.
Section 7: Committees. Members will elect a Common Areas Committee with a chair and one or more additional members to study and recommend desired improvements and effective maintenance methods for the common areas. The Common Areas Committee will communicate with the Board to ensure that maintenance efforts are well-coordinated. Members may establish additional committees, including a Budget and Finance Committee, as needed.
Section 8: Director's Compensation. No Director or committee member shall receive compensation for his or her services as a Director or committee member. However, Directors and committee members may receive reimbursement for expenses incurred on behalf of the Association.
ARTICLE FOUR – NOTICES
Manner of Giving Notice. Unless otherwise specified by law or the Articles of Incorporation or these Bylaws, required notice may be given in writing by mail, postage prepaid, addressed to the member at his or her address as it appears on the records of the Association and shall be deemed to be delivered when deposited in the United States mails. As an alternative, members may agree to accept notice by email, with a copy sent to Board members as proof of delivery.
ARTICLE FIVE – MEMBERSHIP, DUES & SPECIAL ASSESSMENTS
Section 1: Membership. Membership in the Association will be primarily made up of all property owners of the Aero Estates Subdivision. Membership shall consist of:
A. Owner Members are the property owners of record within the Aero Estates Airpark subdivision, whether one or more persons or entities, of a fee simple title to any lot or lots, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. Membership is limited to a single membership per member household and not intended to apply to each individual in cases of shared ownership regardless of number of lots owned.
Section 2: Dues. The Association will establish monthly dues amounts to be paid by all Owner Members. Dues are payable per Owner Member, as previously defined. Dues are payable for each and every lot owned within Aero Estates Subdivision. An exception is granted to an Owner Member who owns two or more adjoining lots intended as a single building site; where a single fee for the first two of such consecutive lots will be assessed as one lot and each additional lot owned will be assessed as individual lots. Dues for the Association are set according to the Association’s currently published fee schedule. A vote of 67% of Owner Members shall be required to change the fee schedule.
Section 3: Special Assessments. The Association may also approve special assessments to be paid by all Owner Members. Assessments are payable for each Member Owned lot in Aero Estates Subdivision. An exception is granted to Owner Members who own two or more adjoining lots intended as a single building site; where a single assessment for the first two of such consecutive lots would be assessed as one lot and each additional lot owned will be assessed as individual lots. A vote of 67% of Owner Members shall be required to approve a special assessment.
ARTICLE SIX– MISCELLANEOUS
Section 1: Dividends Prohibited. No part of the net income of the Association shall inure to the benefit of any private individual and no dividend shall be paid and no part of the income of the Association shall be distributed to the Directors.
Section 2: Loans to Board Members Prohibited. No loans shall be made by the Association to its Directors.
Section 3: Signature of Negotiable Instruments. All checks or other instruments for the payment of money shall be signed by elected Directors or other officers or agents as determined by the members. All negotiable instruments for payment of money shall require two signatures.
Section 4: Fiscal Year. The fiscal year end of the Association shall be December 31 of each year.
Section 5: Statement of Non-Discrimination. The Directors and committee members of the Association shall be selected entirely without discrimination as to age, ethnic background, handicap, race, religion, or sex. Activities of the Association will be planned on a similar non-discriminatory basis.
ARTICLE SEVEN – INDEMNIFICATION OF DIRECTORS
The Association shall have the power to indemnify any Director or former Director of the Association for all expenses, judgments, liabilities, fines, and settlement amounts paid in connection with any claim, action, suit, or proceeding asserted or threatened against him or her due to his or her position as Director, except in matters where he or she shall have been guilty of negligence or misconduct.
ARTICLE EIGHT – DISTRIBUTION OF ASSETS UPON DISSOLUTION
Upon the dissolution of the Association, the members shall, after paying or making provision for the payment and satisfaction of all liabilities and obligations of the Association, distribute all of the assets of the Association to such individuals and organizations as the members shall determine and pursuant to a plan of distribution adopted as provided by the Texas Non-Profit Corporation Act.
ARTICLE NINE – AMENDMENTS
These Bylaws may be altered, amended or repealed, or new Bylaws may be adopted at only by a vote of 67% of the total votes allocated to property owners in the property owner’s association.
Record of Amendments 05-2015 - Changes to bring Bylaws in compliance with 2012 Texas Statutes Changes
Approved 04-07-2007 Changes to create dues payable by lot with exception for 2 consecutive as single building site.
Previous amendments not yet recorded here.
PROPERTY OWNERS ASSOCIATION OF AERO ESTATES, INC.
A Non-Profit Organization
ARTICLE ONE – NAME, PURPOSES, AND OFFICES
Section 1: Name. The name of this corporation is Property Owners Association of Aero Estates, Inc. (the Association).
Section 2: Purposes. The Association is organized and will be operated as a nonprofit corporation. The purpose of the Association is to support the maintenance of the runway, taxiways, and common areas (including the waterfront park) of Aero Estates Airpark for the use and enjoyment of the property owners of Aero Estates Airpark.
Section 3: Offices. The Association may have, in addition to its registered office, offices at such places as determined by the members.
ARTICLE TWO – ORGANIZATION
Section 1: Management Resides with Members. The activities, property and affairs of the Association shall be managed by its members.
Section 2: Eligibility for Membership. Membership in the Association is primarily made up of all property owners at Aero Estates Airpark.
Section 3: Voting Rights. Members are eligible to vote on issues affecting the Association. Members will have one vote per member household; not per individual member nor per number of lots owned. Members may vote by proxy.
Section 4: Time and Place of Meetings. Members will establish a schedule of meetings for the year and communicate this schedule to all Members at least ten (10) days, but not more than sixty (60) days before the date of the first meeting, Location of the meetings will be at Aero Estates Airpark or at other locations as determined by the members. No further notice will be required for these regular meetings. Special meetings may be called by the Board or at the request of 25% of Members. Time and place of any special meetings will be communicated to members at least 14 days before the meeting except in emergency situations.
Section 5: Quorum and Manner of Acting. In order to transact business at a membership meeting, a quorum must be present. A quorum exists when two-thirds of the Members are represented at a meeting. All decisions require the affirmative vote of two-thirds of the Members.
Section 6: Consent of Members. Members may approve decisions without a meeting by a vote of 67% of Owner Members. A declaration may be amended only by a vote of 67% of Owner Members.
ARTICLE THREE – BOARD, OFFICERS, AND COMMITTEES
Section 1: Board. Members will elect a Board of Directors consisting of a President, Vice President, Secretary, Treasurer, and Director at Large; the offices of Secretary and Treasurer may be held by the same person. Elected Board Members must be Members and must be elected by the Members. Directors may succeed themselves if so elected. The Board will handle day-to-day affairs of the Association and other duties as delegated by the members.
Section 2: Elections and Term of Office. Members will elect Directors at the first meeting of the year or as soon thereafter as practical. Directors will serve for one year or until the next Board elections. Any vacancy occurring on the Board will be filled by an election at the next members meeting after the vacancy arises. Any elected Director may be removed, either for or without cause, at any regular or special meeting of the members by the affirmative vote of two-thirds of Members.
Section 3: President. The President acts as the chairperson at membership meetings and Board meetings and act as general supervisor of the day-to-day activities of the Association. In the absence of the President, his or her duties will be performed and powers may be exercised by the Vice President, unless otherwise determined by the members.
Section 4: Vice President. The Vice President shall generally assist the President and have the powers and perform the duties delegated to him or her by the President, the Board, or the members.
Section 5: Secretary. The Secretary shall see that the schedule of regular meetings and notice of special meetings are sent to members and shall keep accurate records of all Board and membership meetings. He or she shall generally perform all the usual duties of a secretary of a non-profit corporation.
Section 6: Treasurer. The Treasurer shall be the chief accounting and financial officer of the Association and keep records of receipts and expenses and of dues owed and paid. The Treasurer shall generally perform all the usual duties of a treasurer of a non-profit corporation.
Section 7: Committees. Members will elect a Common Areas Committee with a chair and one or more additional members to study and recommend desired improvements and effective maintenance methods for the common areas. The Common Areas Committee will communicate with the Board to ensure that maintenance efforts are well-coordinated. Members may establish additional committees, including a Budget and Finance Committee, as needed.
Section 8: Director's Compensation. No Director or committee member shall receive compensation for his or her services as a Director or committee member. However, Directors and committee members may receive reimbursement for expenses incurred on behalf of the Association.
ARTICLE FOUR – NOTICES
Manner of Giving Notice. Unless otherwise specified by law or the Articles of Incorporation or these Bylaws, required notice may be given in writing by mail, postage prepaid, addressed to the member at his or her address as it appears on the records of the Association and shall be deemed to be delivered when deposited in the United States mails. As an alternative, members may agree to accept notice by email, with a copy sent to Board members as proof of delivery.
ARTICLE FIVE – MEMBERSHIP, DUES & SPECIAL ASSESSMENTS
Section 1: Membership. Membership in the Association will be primarily made up of all property owners of the Aero Estates Subdivision. Membership shall consist of:
A. Owner Members are the property owners of record within the Aero Estates Airpark subdivision, whether one or more persons or entities, of a fee simple title to any lot or lots, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. Membership is limited to a single membership per member household and not intended to apply to each individual in cases of shared ownership regardless of number of lots owned.
Section 2: Dues. The Association will establish monthly dues amounts to be paid by all Owner Members. Dues are payable per Owner Member, as previously defined. Dues are payable for each and every lot owned within Aero Estates Subdivision. An exception is granted to an Owner Member who owns two or more adjoining lots intended as a single building site; where a single fee for the first two of such consecutive lots will be assessed as one lot and each additional lot owned will be assessed as individual lots. Dues for the Association are set according to the Association’s currently published fee schedule. A vote of 67% of Owner Members shall be required to change the fee schedule.
Section 3: Special Assessments. The Association may also approve special assessments to be paid by all Owner Members. Assessments are payable for each Member Owned lot in Aero Estates Subdivision. An exception is granted to Owner Members who own two or more adjoining lots intended as a single building site; where a single assessment for the first two of such consecutive lots would be assessed as one lot and each additional lot owned will be assessed as individual lots. A vote of 67% of Owner Members shall be required to approve a special assessment.
ARTICLE SIX– MISCELLANEOUS
Section 1: Dividends Prohibited. No part of the net income of the Association shall inure to the benefit of any private individual and no dividend shall be paid and no part of the income of the Association shall be distributed to the Directors.
Section 2: Loans to Board Members Prohibited. No loans shall be made by the Association to its Directors.
Section 3: Signature of Negotiable Instruments. All checks or other instruments for the payment of money shall be signed by elected Directors or other officers or agents as determined by the members. All negotiable instruments for payment of money shall require two signatures.
Section 4: Fiscal Year. The fiscal year end of the Association shall be December 31 of each year.
Section 5: Statement of Non-Discrimination. The Directors and committee members of the Association shall be selected entirely without discrimination as to age, ethnic background, handicap, race, religion, or sex. Activities of the Association will be planned on a similar non-discriminatory basis.
ARTICLE SEVEN – INDEMNIFICATION OF DIRECTORS
The Association shall have the power to indemnify any Director or former Director of the Association for all expenses, judgments, liabilities, fines, and settlement amounts paid in connection with any claim, action, suit, or proceeding asserted or threatened against him or her due to his or her position as Director, except in matters where he or she shall have been guilty of negligence or misconduct.
ARTICLE EIGHT – DISTRIBUTION OF ASSETS UPON DISSOLUTION
Upon the dissolution of the Association, the members shall, after paying or making provision for the payment and satisfaction of all liabilities and obligations of the Association, distribute all of the assets of the Association to such individuals and organizations as the members shall determine and pursuant to a plan of distribution adopted as provided by the Texas Non-Profit Corporation Act.
ARTICLE NINE – AMENDMENTS
These Bylaws may be altered, amended or repealed, or new Bylaws may be adopted at only by a vote of 67% of the total votes allocated to property owners in the property owner’s association.
Record of Amendments 05-2015 - Changes to bring Bylaws in compliance with 2012 Texas Statutes Changes
Approved 04-07-2007 Changes to create dues payable by lot with exception for 2 consecutive as single building site.
Previous amendments not yet recorded here.
Proposed Amended POAAE CC&Rs
to comply with 2012 Texas Statute changes
AMENDED AND RESTATED DECLARATION OF COVENANTS CONDITIONS AND
RESTRICTIONS
OF AERO ESTATES
This Amended and Restated Declaration of Covenants, Conditions and Restrictions of Aero Estates (this “Declaration”) is made on the date hereinafter set forth by the AERO ESTATES SUBDIVISION.
WHEREAS, “AERO ESTATES” is a subdivision of approximately 118.467 acres in the John Ferguson Survey, A-7, Henderson County, Texas, and the John Ferguson Survey, A-22, Anderson County, Texas identified as Unit I, Unit II, Unit III, Unit IV, Unit V, and Unit VI of Aero Estates Subdivision (hereinafter referred to as the “Property” or the “Subdivision”).
WHEREAS, David Lockwood, a former owner of the Property, placed certain covenants, conditions and restrictions on the Property pursuant to that certain document entitled Aero Estates Restrictions and Covenants, which was executed on March 14, 1984 and recorded in Volume 1053, Page 110, Deed Records of Henderson County, Texas (the “original Declaration”);
WHEREAS, the Original Declaration provides that the Original Declaration may be altered, amended or revoked by the owners of at least sixty percent (60%) of the residential lots comprising the Property;
WHEREAS, the undersigned Owners are the record holders of at least sixty percent (60%) of the Ownership interest in the residential lots comprising the Property, and said Owners desire to amend and restate the Original Declaration in its entirety;
WHEREAS, it is the desire of “The Association” and the undersigned Owners to amend and restate the Original Declaration in its entirety, and to place certain covenants, conditions and restrictions upon and against the Property in order to establish a uniform plan for the benefit of both the present and future owners in the Subdivision. These covenants, conditions and restrictions will also cover any replats or amendments of the Plat recorded or hereafter recorded in the Real Property Records of Henderson and/ or Anderson County.
NOW, THEREFORE, the undersigned Owners hereby adopt, establish and impose upon the Subdivision known as AERO ESTATES, and declare the following reservations, easements, restrictions, covenants and conditions, applicable thereto, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of the Property, which Restrictions shall run with the Property and title or interest therein, or any part thereof, and shall inure to the benefit of each owner thereof except that no part of this Declaration or the Restrictions shall be deemed to apply in any manner to any areas not included within the boundaries of Unit I, Unit II, Unit III, Unit IV, Unit V, and Unit VI.
COVENANTS, CONDITIONS AND RESTRICTIONS
1. As used herein, and unless the context clearly indicates to the contrary, the following terms shall have the meanings attributed to them below:
a. "AERO ESTATES" shall mean and refer to the Subdivision and all of the land described in the preamble to these Restrictions and as set forth in the respective map or plats of AERO ESTATES, as same appear of record in the office of the County Clerk of Henderson County and/or Anderson County, Texas.
b. "Association" shall mean the Property Owners Association of Aero Estates, Inc., a non-profit corporation.
c. "Lot" shall mean and refer to any tract of land identified as a lot or tract on the Plat. For purposes of this instrument, "Lot" shall not be deemed to include any portion of any common areas in the Subdivision, regardless of the use made of such areas.
d. "Committee" shall mean and refer to the Architectural Committee for AERO ESTATES as set forth in item 11 hereof.
e. "Owner" or "Owners" shall mean and refer to the owner or owners of the fee simple title to one or more Lots but shall not mean or refer to any person or entity holding only a lien on a Lot or owning only any easement or a mineral interest thereon or therein.
2. All lots shall be known and used exclusively for Airpark Residential Purposes. This means residential lots on an airpark, for a house or a house with a hangar. Those owners of record prior to February 1, 2003, and their successors, have the option to build a hangar or a hangar house.
3. No lot shall be re-subdivided, and no more than one single family dwelling, not to exceed thirty (30) feet in height over closest runway access point, shall be erected, placed or permitted to remain on any residential lot. No structure of a temporary character, trailer, mobile home, motor home, tent, shack, garage, barn or other out-building shall be used on any lot at any time as a residence, either temporarily or permanently. An exception for a temporary time of construction not to exceed 180 days may be allowed.
4. No residence of less than one thousand (1000) square feet of heated living area, excluding porch area, carport, garage, or hangar space shall be erected or constructed on any lot. Those owners of record prior to February 1, 2003, and their successors, are exempt from this requirement.
5. Any building erected on a Lot shall be built on a concrete foundation, and shall conform to all existing federal, state and local building codes for the type of building under construction. Buildings shall be neat in appearance and no building or structure shall be constructed or erected on the premises that shall be considered detrimental to the development. Any wood exteriors shall be stained or painted with two coats of paint or stain. All residences must be completed on the exterior within one hundred and eighty (180) days from the beginning date of construction; a one-time extension may be granted by the Architectural Committee.
6. No residence, garage or hangar shall be located on any lot nearer than twenty-five (25) feet to a taxiway, runway or road, nor nearer than ten (10) feet to the side lot line of any lot. In the event of common ownership of more than one lot and the construction of one building on more than one lot, the combined area owned shall be considered as one lot. No obstruction greater than 18 inches in height shall be located on any lot nearer than 10 feet to a taxiway or runway.
7. An easement five feet in width along the perimeter of all lots is to be used for purposes of the utilities, with exact location, within that easement, to be decided by the utility company. All utilities are to be buried. No building shall be located over, under, upon or across any portion of any utility easement. The Owner of each Lot shall have the right to construct, keep and maintain concrete drives, fences, and similar improvements across any utility easement, and shall be entitled to cross such easements at all times for purposes of gaining access to and from such Lots, provided, however, any concrete drive, fence or similar improvement placed upon such Utility Easement by the Owner shall be constructed, maintained and used at Owner's risk and, as such, the Owner of each Lot subject to said Utility Easements shall be responsible for (i) any and all repairs to the concrete drives, fences and similar improvements which cross or are located upon such Utility Easements and (ii) repairing any damage to said improvements caused by any public utility in the course of installing, operating, maintaining, repairing, or removing its facilities located within the Utility Easements.
8. No outdoor toilet shall be erected, placed or permitted to remain on any lot. All individual sewage disposal systems shall be located, constructed and equipped in accordance with standards and requirements which are substantially equal to or exceed the minimum requirements for such systems as
recommended by local health and zoning authority. Portable facilities may be used for special occasions only.
9. No sign shall be erected, placed, or permitted on any residential lot, except a standard real estate for sale sign, not to exceed sixteen (16) by twenty-four (24) inches. Signs installed prior to February 1, 2003 by owners of record are exempted.
10. No external tower or antenna except satellite TV dishes shall be allowed on any lot or structure; a waiver can be granted by the Association on an individual basis. Antennas or towers installed prior to February 1, 2003 by owners of record are exempted.
11. An Architectural Committee composed of four (4) members is hereby established for AERO ESTATES. Until such time as 95% of the platted lots are sold, the Committee shall consist of two (2) members of the Association, elected by the Association, and two members appointed by Aero Estates, L.P. and its successors. At such time as 95% of the platted lots are sold, the Committee shall consist of four (4) Association members to be elected by the Association. The Association Board of Directors shall have the right to appoint a new Association member for the Committee in the event of a vacancy due to death or resignation until such time that the Association can elect a replacement. Prior to construction, all plans for a building or exterior improvement shall be approved by a majority of the Architectural Committee. The plan must show all uses and dimensions and the location of the building and/or improvement. Should a deadlock occur, a majority ruling by the Association Board of Directors shall be used. If no answer on proposed plans is received from the Committee within 30 days, the plan is automatically approved. The property owner shall have the right to appeal the Committee’s decision to the general membership of the Association. The Committee , with oversight by the Association, may authorize variances from compliance with any of the provisions of this Declaration. Such variances must be in writing and shall become effective when approved in writing by the Committee. Variances from the Plat of record must be filed at the county court house.
12. No lot shall be used or maintained as a dumping ground for garbage or other refuse. Trash, garbage or other wastes shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and no noxious or offensive trade or activity shall be performed on any residential lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood, including, but not limited to, lighting.
13. The owner of each lot shall keep the same clean and free of weeds and debris. Upon failure to do this, the Association will notify the owner personally or by certified mail. If the owner does not respond within 21 days, the Association may have the lot cleaned at the lot owner’s expense.
14. No animals or fowl, except household pets, shall be kept or maintained on any lot. Local pet ordinances will apply, and no owner will be allowed more than two pets at any time.
15. Each property owner shall be a member of the Association and be subject to its rules and regulations and shall have one vote in accordance with the Association Bylaws, regardless of number of lots owned.
16. The Association shall establish safety policies and procedures and shall provide for the enforcement of these Covenants, Conditions and Restrictions. The Association shall be responsible for maintaining liability insurance and the maintenance of the common areas. The Association shall be responsible for tax liability (if any) and the lease agreement with the Upper Neches River Authority for the waterfront access and use.
17. The Plat dedicates for use as such, subject to the limitations as set forth therein, the roads, streets and easements shown thereon. All dedications, restrictions and reservations created herein or shown on the
Plat, replats or amendments of the Plat recorded or hereafter recorded in the Real Property Records of Henderson and/or Anderson County, Texas, shall be construed as being included in each contract, deed, or conveyance executed or to be executed by or on behalf of any Owner, conveying the Property or any part thereof whether specifically referred to therein or not. All Owners shall have free and unlimited access to any common area in the subdivision, which shall include any areas of land for the common use, enjoyment and benefit of the Association and the Owners, including, without limitation, the runway, taxiways, roads, lake point (subject to the regulations of the Upper Neches River Authority), boat ramp, docks, piers, boat basin and any future area in the Subdivision designated by the Association as a "common area”.
18. These covenants are to run with the land and shall be binding on all parties claiming under them and shall not be altered, changed, amended or revoked in whole or in part; however, they may be changed, altered, amended or revoked in whole or in part by petition of the owners of sixty seven (67) percent of the residential lots.
19. Enforcement of these covenants shall be a legal or equitable proceeding against any person, or persons, violating or attempting to violate any covenant, either to restrain violation or to recover damages from the violations.
20. Invalidation of any one of these covenants by a judgment, or court order, shall in no way affect any of the other provisions or covenants, which shall remain in full force and effect.
21. This Declaration amends and restates in its entirety the Original Declaration, and shall be effective as of the date hereof with the SAME PRIORITY AS THE ORIGINAL DECLARATION, it being expressly understood and intended that NOTHING CONTAINED HEREIN SHALL IN ANY MANNER IMPAIR OR AFFECT THE VALIDITY OR PRIORITY OF THE COVENANTS AND OBLIGATIONS CREATED UNDER THE ORIGINAL DECLARATION.
22. NOTICE. AERO ESTATES IS AN AIRPORT COMMUNITY, AND OWNERS SHOULD BE AWARE THAT THERE WILL BE AIRCRAFT OPERATIONS ON THE RUNWAY AND TAXIWAYS, WHICH ARE AN INTEGRAL PART OF THE COMMUNITY. ALL AIRCRAFT WILL HAVE THE RIGHT-OF WAY AND PRIORITY OVER CARS, TRUCKS AND BOATS. “RUN-UP” SHALL BE DONE IN SUCH A MANNER AS TO NOT CREATE A NUISANCE OR CAUSE DAMAGE TO THE PROPERTY OF OTHERS. NO MOTOR VEHICLE IS ALLOWED ON TAXIWAYS OR RUNWAYS EXCEPT AS APPROVED BY THE ASSOCIATION.
