Page 4 - Kings Point Property Owners Association - 2013 Supplemental Declarations
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(iii) Material: Professionally built metal, polyethylene, concrete, fiberglass, or
                      other professionally built material.

             (iv) Screening: (1.) An attached tank and associated piping and equipment must
                      be surrounded by a wall constructed of a material and color consistent with
                      the construction of the structure to which it is attached such as rock, stucco,
                      etc., or in another fashion approved by the Architectural Control Committee,
                      and covered with the same roofing material as the house, or by decking
                      approved by the Architectural Control Committee. (2.) An underground tank
                      must be covered with landscaping approved by the Architectural Control
                      Committee.

SECTION 3. SOLAR ENERGY DEVICES.

         Section 202.010 of the Texas Property Code provides that a property owners' association
may not enforce a provision in a dedicatory instrument that prohibits or restricts a property owner
from installing a solar energy device except as otherwise provided therein. As used in Section
202.010 of the Texas Property Code, “solar energy device” has the meaning assigned by Section
171,107 of the Tax Code, which defines the term as “a system or series of mechanisms designed
primarily to provide heating or cooling or to produce electrical or mechanical power by collecting
and transferring solar generated power.” The term includes a mechanical or chemical device that
has the ability to store solar-generated energy for use in heating or cooling or in the production of
power.

The following shall be applicable to solar energy devices in the Kings Point Subdivision:

3.1. Approval. The installation of a solar energy device requires the prior written approval of
the Architectural Control Committee; provided that, the Architectural Control Committee may not
withhold approval if Section 3 of these Supplemental Declarations is met or exceeded, unless the
Architectural Control Committee determines in writing that placement of the device as proposed
constitutes a condition that substantially interferes with the use and enjoyment of land by causing
unreasonable discomfort or annoyance to persons of ordinary sensibilities. The written approval of
the proposed placement of the device by all Owners of property adjoining the Lot in question
constitutes prima facie evidence that substantial interference does not exist. Architectural Control
Committee may require an Owner to remove a solar energy device that does not comply with the
statutory provisions or the requirements of the Declarations and these Supplemental Declarations.

3.2. Location. A solar energy device is not permitted anywhere on a Lot except on the roof of
the residential dwelling or other permitted structure on the Lot or in a fenced yard or patio within
the Lot.

3.3. Devices Mounted on a Roof. A solar energy device mounted on the roof of the residential
dwelling or other permitted structure on a Lot:

A. Shall not extend higher than or beyond the roofline;

         B.  Shall conform to the slope of the roof and have a top edge that is parallel to the
roofline;
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