The amendments to Idylwood’s deed restrictions are complete. You will find below a summary of the changes, the current (2005) Deed Restrictions, and the new (2016) Deed Restrictions, all available for download in PDF format. We will soon begin the process of obtaining signatures of all Idylwood residents. A grassroots effort will commence during National Night Out on October 4, 2016. After that, block captains will be assigned to canvass residents who have not yet signed off on the proposed new Deed Restrictions. If you have any questions about these new Deed Restrictions, contact Paul Leggett, Chair, Deed Restriction Committee (paul_d_leggett@nullhotmail.com).
Summary of Changes Reflected in Proposed Deed Restriction Updates
- 1. Clarification of Building Locations from Property Lines.
- Section 3.1 designates the location of buildings on each Lot having a minimum set back of 25 feet. The revised language in this section clarifies that a building, fence or wall cannot be erected between the front property line and the main building line in the event that the main building line was more than 25 feet from the front property line. This is not a change to the intent of the restrictions as originally stated.
- 2. Clarification of Enclosed Attic.
- Section 3.4 of the restrictions prohibits a residential dwelling from exceeding two stories and enclosed attic. The amendments clarify that the attic may be finished or unfinished, but may not constitute a separate floor or third story of the house. This amendment preserves the original intent that the houses in the neighborhood should look like two-story homes from the outside.
- 3. Short Term Rentals Prohibited.
- Additional restriction to Section 4.1(c) that Residential Dwelling cannot be rented for less than one month. This restriction addresses recent issues with Air B&B rentals.
- 4. Home Business Use.
- Expanded present prohibition in Section 4.2(b)(vii) that use of property for home business that produces noise, vibration, glare, fumes, odors or electromagnetic interference that is detectable beyond the premises and determined to be a noxious, hazardous, or offensive activity, condition, noise or odor.
- 5. Fencing Variance for Wayside Lots.
- Section 4.11 of the Restrictions was updated to incorporate 2011 variance regarding fencing restrictions for certain lots along South Wayside previously approved by the Idylwood Civic Club Board. Related definition of Wayside Lots added to Section 1.18 to identify the lots included in the original variance.
- 6. Political Signs.
- The Current deed restrictions do not comply with Section 202.009 of the Texas Property Code regulating thee display of political signs. Section 4.5, including subsection (d), reflects these changes to conform to this statute. Section 7.1 contains a general savings clause in the event that the restrictions contain any provision later determined to be unenforceable by a change in the law.
