Fairmont Park Homes Association, Inc.
General and Exterior Maintenance Restrictions
EXTERIOR MAINTENANCE RESTRICTIONS
1. All painted surfaces must be clean and smooth with no
bare areas or peeling paint, and all surfaces must be
free of mildew.
2. All rotted and damaged wood must be replaced and
any damaged brickwork repaired.
3. Gutters must be kept in good repair and not allowed to
sag or hang down.
4. Roofs must be maintained in good repair with no
missing or curling shingles.
5. All glass surfaces must be whole.
6. Garage doors must be undamaged and in good repair.
7. Fences and gates must be kept in good repair.
8. Sidewalks, driveways and curbs must be clean and
undamaged. Seams must be kept free of weeds.
9. Lawns must be kept mowed, edged, and weed free,
flowerbeds must be kept free of weeds, and shrubs
and trees must be kept trimmed.
10. There shall be no storage of clutter and debris in public
view.
11. Mailboxes must be maintained in good repair.
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GENERAL DEED RESTRICTION PROVISIONS
1. No boats, trailers, house-trailers, campers, trucks, or
junk of any kind or character, or any accessories, parts
or objects to be used therewith, shall be kept, repaired,
or work done thereon, on any lot nearer to the front or
side street than the front or side setback lines for the
house or residence. There shall be no parking of any
automobile of any kind, including those named above,
off the driveway and upon any grassy area, including
but not limited to the front and side yard of any lot, any
common areas, easements, or right-of-ways,
regardless of whether or not this area is fenced.
2. No signs, billboards, posters or advertising devices of
any character shall be erected on the property without
the written consent of the Fairmont Park Homes
Association (FPHA). Such consent shall be revocable
at any time.
3. No structures of any kind shall be moved on to any lot,
except as provides in section 13 hereof, or except with
the express written consent of the FPHA.
4. No building shall be built closer to the street or side
property lines than the distance set forth in the
schedule that pertains to the property.
5. No improvement of any character shall be erected, or
the erection thereof begun, or change made in the
exterior design thereof, on any property, until complete
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plans and specifications have been submitted to, and
approved in writing by FPHA.
This property shall be used for single family residence
purposes only.
The term “residence purposes” as used herein shall be
held and construed to exclude hospitals, duplex
houses and apartment houses, and to exclude
commercial and professional uses; and to exclude any
development operations or drilling for oil, gas, or other
minerals.
The word “house” or “residence” as used herein with
reference to building lines shall include galleries,
porches, porte cocheres, steps, projections and every
other permanent part of the improvements except
roofs.
No trash, garbage, ashes, refuse or other waste shall
be thrown or dumped on any vacant lot in the addition.
Grass, weeds, and vegetation on each lot sold shall be
kept mowed at regular intervals so as to maintain the
same in a neat and attractive manner. Trees, shrubs,
vines and plants, which die, shall be promptly removed
from property. Until a home or residence is built on a
lot, the FPHA may at its option, have the grass weeds
and vegetation cut when and as often as the same is
necessary in its judgment, and have dead trees,
shrubs and plants removed from the property, and the
owner of such lot shall be obligated to pay for the cost
of such work.
No garage or outbuilding on this property shall be used
as a residence or living quarters.
No garage or outbuilding shall be erected on any lot in
Fairmont Park with roof or outside walls of material or
color different from those used in the house or
residence erected on such lot, except with the written
consent of the FPHA.
No building material or temporary building of any kind
or character shall be placed or stored upon the
property until the owner is ready to commence
improvements, and then such material or temporary
building shall be placed within the property lines of the
lot or parcel of land upon which the improvements are
to be erected, and shall not be placed in the streets or
between the curb and property line; and any such
temporary building or structure of any kind shall not be
used for other than construction purposes; and
expressly, but not by way of limitation, shall be used for
residential or sales office purposes, either during
construction, or thereafter; and shall be removed
immediately upon completion of construction.
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General Deed Restrictions Continued …..
14. No horses, cattle, hogs, livestock, or other animals, or
rabbits, or poultry of any kind shall be raised, bred,
kept, staked or pastured on any lot, except that dogs,
cats or other household pets may be kept, provided
they are not kept, bred or maintained for commercial
purpose.
15. No fence, wall, or hedge shall be placed on any lot in
the addition nearer to any street that is permitted for
the house on said lot, except with the written consent
of the FPHA. No fence, wall, or hedge shall be placed
on any portion of the sites higher than six feet from the
ground. Should a hedge, shrub, tree, flower or other
planting be so placed, or afterwards grown, so as to
encroach upon adjoining property, it shall be removed
at the request of the owner of the adjoining property.
Should the planting encroach on the right of way or
easement, it shall be removed promptly upon the
request of FPHA and such encroachment is wholly at
the risk of the owner.
16. No excavation, except such as necessary for the
construction of improvements, shall be permitted, nor
shall any well or hole of any kind be dug on the
property without the written consent of FPHA.
17. FPHA may make other restrictions applicable to any lot
or lots by appropriate provision in the contract or deed,
without otherwise modifying the general plan above
outlined, and such other restrictions shall inure to the
benefit of and bind the respective parties in the same
manner as though they had been expressed herein.
18. Violations of any restriction, condition or covenant
herein shall give FPHA the right to enter upon the
property where such violation exists and summarily
abate or remove the same at the expense of the
owner, and such entry and abatement or removal shall
not be deemed a trespass.
19. FPHA shall have the right to modify the restrictions
with reference to location of setback or sideline
restrictions of any improvements, and the direction
which they shall face, to such extent as it deems for
the best interest of the addition as a whole, but, such
modification must be in writing.
20. If garage, servants’ house or other outbuilding is made
an integral part of the residence, or is connected
thereto, in a manner approved by FPHA upon
submission of plans and specifications, as provided in
deed from FPHA or either of them, the setback
distances from front and side lines of the lot will then
automatically become identical with those stipulated for
the residence itself.
21. The outbuilding or outbuildings on any lot (or home
site, as herein defined) shall not be higher in stories
that the residence thereon.
22. No building shall be higher than two stories.
23. Only one residence shall be constructed on each lot.
24. Parts of two or more adjoining lots facing the same
street in the same block may be designated as one
home site provided the lot frontage shall not be less
than the minimum frontage of lots in the same block
facing the same street.
25. No privy, cesspool, septic tank, or disposal plant shall
be erected or maintained on any part of the property
without consent of FPHA.
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Actual deed restrictions may vary by lot, block and section.
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You are advised to check your deed or call the FPHA at
281-471-5819 before building.
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The fact that the City of La Porte issues a building permit
does not imply conformance with deed restrictions.
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The City of La Porte is forbidden by law to enforce deed
restrictions.
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Some restriction violations, such as junk and junk cars, are
mirrored by the City of La Porte Codes.
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FPHA recommends members to call the City to report these
violations as code enforcement is empowered to issue tickets
with fines. Call 281-471-5020 to report.