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Your 2024 Board of Directors has been asked to investigate the possibility of updating our deed restrictions to eliminate the ambiguity and vagueness contained therein.  When everyone purchased property in Shannon Ridge, whether you were aware or not, somewhere in those purchase documents you signed at a title company contained information that Shannon Ridge is a deed restricted community.  The deed restrictions were set up by the developer and NOT the Shannon Ridge board of directors.  In fact, the HOA was not created until six years after the development sold its first lots in unit one (up front by the entrance).

Our deed restrictions are now 27 years old and a lot has changed over the years. At the time (1997) the developer put in place some sort of control (deed restrictions) outlining the use of property. 

Use restrictions include:

• land uses and building type
• dwelling size
• type of construction materials
• lot lines/setbacks
• minimum lot area
• temporary structures and temporary occupancy
• fences
• driveways
• completion of construction
• water wells
• hunting/firearms
• storage, garbage, refuse, and prohibited items
• use of lot as roadway.

General provisions include:

• animals
• parking
• sewage treatment
• covenants running with the land
• developer not bound
• nuisances
• partial invalidity

Let’s breakdown some of the ambiguities of our current deed restrictions and suggest the following updates to the deeds to reflect current times.  Click here to view the current deed restrictions (Unit One).  Note:  As Shannon Ridge was developed totaling six units, the developer had to file with the county clerk 6 sets of deed restrictions – one for each developed unit.  All the deed restrictions for units 2 through 6 are exactly the same.  Unit one differs only in Article III – Use Restrictions.  Section 8 – Driveways.  “All driveways shall access interior roads in the subdivision, and no driveway shall be constructed on any lot to access U.S. Highway 181.”  This sentence was added to Unit One only for obvious reasons.  Other than that additional sentence, units 1 through 6 are all the same.

ARTICLE I – Definitions.  Section 5 – Shall/Should.  Shall is defined as, an imperative command, usually indicating that certain actions are mandatory and not permissive.  Should is defined as recommended, or suggest that something is the proper, reasonable, or best thing to do.

ARTICLE I – Definitions.  Section 6 – Noise.  Noise, as cited in the Texas Penal Code 42.01(5) and Texas Penal Code 42.01(c)(2), is defined to be in excess of 85 decibels.  For our purposes, noise can be recorded via cell phone decibel application (which does not have to be calibrated) and is considered such between the hours of 10:00 pm and 8:00 am (CST). In the future, our deed restrictions will follow what Texas Penal Code 42.01(5) and Texas Penal Code 42.01(c)(2) dictates.

ARTICLE III – Use Restrictions.  Section 1 – Land Uses and Building Types. 

     States:  “All Lots shall be used for residential purposes only, and except as provided in the last sentence of this paragraph no structure shall be erected, altered, placed or permitted to remain on any Residential Lots other than one detached single-family or duplex dwelling not to exceed two (2) stories in height (excluding a basement), and a detached or attached garage or carport for not more than four (4) cars.  In addition to the primary residence, either one garage apartment may be constructed above the garage or carport as described above, or one guest house may be placed on the lot.  Any such guest house must be attached to the main dwelling by a common roof, which attachment may be by a common roof over an open breezeway or carport.  There may be only one garage apartment or one connected guest house, but not both.  After the construction of a residence, there also may be constructed greenhouses, barns, shop buildings and other outbuildings, so long as each is of neat appearance.  No mobile home or manufactured home (single-wide or double-wide) may be placed on or used on any lot.  As used herein the term “residential purposes” shall be construed to prohibit the use of said Lots for apartment houses and for commercial duplex houses or garage apartments, but duplex houses and garage apartments for non-commercial use and which meet all of the minimum size and other requirements of these subdivision restrictions, may be placed on lots.  No residence shall be occupied until water service is connected and an approved private sewage is installed.  Lot Owners shall not excavate, remove or sell the soil, nor cut, sell or remove timber other than as necessary for the construction of residential and associated improvements upon the property and as may be necessary for the reasonable use, upkeep and maintenance of the property.  The undersigned and/or their designees may, on any lot and/or lots then owned by them or leased to them, construct, maintain, use and allow to be used by others, sales offices, parking areas storage and maintenance facilities and equipment, and the like, and this sentence shall take precedence over any conflicting provisions of these subdivision restrictions.”

     Suggested Change:  “All Lots shall be used for residential purposes only, and except as provided in the last sentence of this paragraph no structure shall be erected, altered, placed or permitted to remain on any Residential Lots other than one detached single-family or duplex dwelling not to exceed two (2) stories in height (excluding a basement), and a detached or attached garage or carport for not more than four (4) cars.  In addition to the primary residence, either one garage apartment may be constructed above the garage or carport as described above, or one guest house may be placed on the lot.  Any such guest house must be attached to the main dwelling by a common roof, which attachment may be by a common roof over an open breezeway or carport.  There may be only one garage apartment or one connected guest house, but not both.  After the construction of a residence, there also may be constructed greenhouses, barns, shop buildings and other outbuildings, so long as each is of neat appearance.  No mobile home or manufactured home (single-wide or double-wide) may be placed on or used on any lot.  As used herein the term “residential purposes” shall be construed to prohibit the use of said Lots for apartment houses and for commercial duplex houses or garage apartments, but duplex houses and garage apartments for non-commercial use and which meet all of the minimum size and other requirements of these subdivision restrictions, may be placed on lots.  No residence shall be occupied until water service is connected and an approved private sewage is installed.  Lot Owners shall not excavate, remove or sell the soil, nor cut, sell or remove timber other than as necessary for the construction of residential and associated improvements upon the property and as may be necessary for the reasonable use, upkeep and maintenance of the property.  The undersigned and/or their designees may, on any lot and/or lots then owned by them or leased to them, construct, maintain, use and allow to be used by others, sales offices, parking areas storage and maintenance facilities and equipment, and the like, and this sentence shall take precedence over any conflicting provisions of these subdivision restrictions.”

ARTICLE III – Use Restrictions.  Section 7 – Fences. 

      States:  “All fences must be constructed with new materials.”

      Suggested Change:  “All fences must be constructed with new materials, except used stone, wooden rails, or metal may be used for antique effect if such use is appropriate aligns with the appearance of the main housing structure and does not detract from the appearance or the subdivision.”

ARTICLE III – Use Restrictions.  Section 9 – Completion of Construction. 

      States:  “Exterior construction of a dwelling shall be completed within 6 months.”

      Suggested Change:  “Exterior construction of any dwelling (includes residence, barn, shop, or any other outbuilding) shall be completed within 6 months.”

ARTICLE III – Use Restrictions.  Section 11 – Hunting/Firearms. 

      States:  “Hunting and discharging of firearms are expressly prohibited in the subdivision.”

      Suggested Change:  “Hunting and discharging of firearms is expressly prohibited in the subdivision as defined by Wilson County Commissioners Court.  The Commissioners Court forbids the discharge of firearms in the unincorporated areas of the County within the boundary of any platted subdivision any of whose tracts, as reflected on the plat, are ten acres or less.  (August 13, 2012)

ARTICLE III – Use Restrictions.  Section 12 – Storage, Garbage, Refuse, and Prohibited Items. 

      States:  “No Lot shall be used for the open storage of any materials whatsoever, which storage is visible from the road, except that any new building materials used in the construction of improvements erected upon any lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, as long as the construction progresses without undue delay, until the completion of the improvements, after which those materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot.  No leaves, brush, timer, debris, or trash of any nature shall be permitted to be placed, disposed of or burned within the road right-of-ways.  No inoperative or unsightly vehicles shall be stored or kept on any lot, and no automobile or other vehicle shall be kept on any lot for the purpose of repairs except in an enclosed garage or in facilities protected from the view of the public and other residents.  No automobile, truck, trailer or other vehicle shall be abandoned on this property, nor shall there be any dumping or placing of unsightly objects of any kind on the property.”

      Suggested Change:   “No Lot shall be used for the open storage of any materials whatsoever, which storage is visible from the road, except that any new building materials used in the construction of improvements erected upon any lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, as long as the construction progresses without undue delay, until the completion of the improvements, after which those materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot.  No leaves, brush, timer, debris, or trash of any nature shall be permitted to be placed, disposed of or burned within the road right-of-ways.  No inoperative or unsightly vehicles shall be stored or kept on any lot, and no automobile or other vehicle shall be kept on any lot for the purpose of repairs except in an enclosed garage or in facilities protected from the view of the public and other residents.  No automobile, truck, trailer or other vehicle shall be abandoned on this property, nor shall there be any dumping or placing of unsightly objects of any kind on the property.”

ARTICLE III – Use Restrictions.  Section 14 – Vehicles

There shall be no more than 1 inactive vehicle parked on any lot.  After 6 months, any inactive vehicle shall be moved out of view from the road.  Repairs shall be done out of view from the road. (Repairs are defined as restoration work for when an asset breaks, gets damaged, or stops working.)  Maintenance may be performed on vehicles.  (Maintenance is defined as routine activities and/or corrective or preventive repair done on assets to prevent damage and prolong the life expectancy.)  No automobile, truck, trailer or other vehicle shall be abandoned on this property. 

Texas Department of Motor Vehicles unique vehicle code addresses the requirements for the operation of the following motorized vehicles on public roads: Unique vehicles include off-highway vehicles, Golf Carts, and Neighborhood Electric Vehicles (NEVs).  Off-highway vehicles include All-Terrain Vehicles (ATVs), Recreational Off-Highway Vehicles (ROVs), Utility Vehicles (UTVs), and Sand Rails.

Unique vehicles may be used on private property unless it is a public nuisance (too noisy, raises too much dust, shines lights into the neighbor’s windows, disturbs one’s sleep if they are a shift worker, etc.).  If a reasonable person would be seriously annoyed, harassed, or intimidated, operations shall be discontinued until an agreement between all parties involved can be made as facilitated by a board member.

ARTICLE IV – General Provisions.  Section 1 – Animals. 

      States: “Provided that such use does not create any condition conflicting with the residential nature of the subdivision, the following animals may be raised or kept on the property:

1. Household pets, such as cats, dogs and birds.
2. Livestock raised as a supervised public school project, for so long as used for a school project.
3. Horses and cattle, provided that a total of no more than one head per acre of area (with the size of the lot rounded either up or down to the nearest even acre) is kept on the lot.

Otherwise, no animals may be raised or maintained on any lot.  In no case shall any commercial feed lot operations be allowed, nor the breeding of animals as a commercial operation.”

      Suggested Change:  “Provided that such use does not create any condition conflicting with the residential nature of the subdivision, the following animals may be raised or kept on the property:

1. Household Pets, such as cats, dogs and birds (in this context birds do not include chickens/poultry/fowl).
2. Livestock raised as a supervised public school project, for so long as used for a school project, FFA, or 4H.
3. Horses or other members of the genus Equus, and cattle, provided that a total of no more than one head per acre of area (with the size of the lot rounded either up or down to the nearest even acre) is kept on the lot.
4. Chickens/Poultry/Fowl: (For the purposes of this document fowl shall be defined as domesticated birds raised for eggs and meat. The term covers a range of birds, from Muscovy and mallard ducks to turkeys, guinea fowl, geese, quail, pigeons, ostriches and pheasants.) Raising or keeping a total of six or fewer chickens/poultry/fowl, in aggregate, on a single-family residential lot (to include annexed lot(s) of same property owner).  No breeding of chickens/poultry/fowl is allowed.  No roosters are allowed.  Said chickens/poultry/fowl are to be contained within a coop, which shall be fenced to prohibit free-ranging on the owner’s property.  Coop should be no less than 50 feet from adjoining neighbor property lines and neighboring residential structures.  Coops shall be behind residential structure(s) where they will not be visible from the road. Coops shall be kept clean from accumulated feces and debris.  Fences around coops shall be no more than 80 linear feet.

[ See Reasons Below for Support]

Otherwise, no animals may be raised or maintained on any lot.  In no case shall any commercial feed lot operations be allowed, nor the breeding of animals as a commercial operation.”

ARTICLE IV – General Provisions.  Section 2 – Parking. 

      States: “Both prior to and after the occupancy of a dwelling on any tract, the Owner shall provide appropriate space for off-road parking for his vehicles.  All vehicles parked on Lots must have current inspection and license registration.  No trucks or trailers of the 18-wheel tractor-trailer rig type or size shall be parked on or adjacent to any lot.”

      Suggested Change:   “Both prior to and after the occupancy of a dwelling on any tract, the Owner shall provide appropriate space for off-road parking for his vehicles.  All running vehicles parked on Lots must have current inspection and license registration.  No trucks or trailers of the 18-wheel tractor-trailer rig type or size shall be parked on or adjacent to any lot.”

ARTICLE IV – General Provisions.  Section 6 – Nuisances. 

      States: “No noxious of offensive activity shall be carried on upon the above described property, nor shall any act be performed thereon which shall or may become an annoyance or nuisance to other owners of tracts in the above referenced property.”

      Suggested Change:   “No noxious, obnoxious or offensive activity shall be carried on upon the above described property, nor shall any act be performed thereon which shall or may become an annoyance or nuisance to other owners of tracts in the above referenced property.  No loud music will be played outside of a residence considered as noise.