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FORMS
Transmittal form and
instructions
DEED RESTRICTIONS
Click below for PDF files containing the restrictions
SUMMARY OF RESTRICTIONS
Old Braeswood was developed in 3 sections beginning with
Braeswood Addition, Section 1, along Main Street in 1928. Construction In
Braeswood Addition (Section 2) and Braeswood Extension (Section 3) continued
into the 1960's. As a result, Old Braeswood Property Owners Association (OBPOA)
is responsible for enforcing three distinct sets of Deed Restrictions, which
often vary from Section to Section. Fortunately, many of the restrictions
are common to the entire area. The following is a brief summary used by
OBPOA.
DISCLAIMER: While it is believed accurate,
it is a summary intended to provide an overview of the restrictions in force.
You should refer to the actual restrictions as recorded before any
construction is planned
PROPERTY USE
Property can be used only for private residential purposes
and can be occupied by a single family only.
No businesses or store can be operated on the premises.
Garage sales, daycare or private instruction of children FOR PROFIT are
prohibited.
No garage apartment or out-building can be occupied as a
primary residence.
Exceptions:
Full-time paid domestic employees may occupy garage
apartments provided status can be documented, i.e., IRS Form W-2, FICA Tax
Receipts, etc. Garage apartments cannot be rented to part-time employees or
provided in exchange for wages for domestic services.
Owner's family may occupy garage apartments during home
construction or remodeling for a maximum of six months.
SIGNS
No signs are permitted on property except those advertising
sale or rental of the property. Such sign dimensions must not exceed 5 feet
square. Contractor signs, political signs, etc. are prohibited.
PETS/LIVESTOCK
No livestock or poultry may be maintained on the property.
City of Houston ordinances allow a maximum of 4 dogs on the premises, and
require all dogs to be leashed when off premises.
ARCHITECTURAL DESIGN REVIEW AND APPROVAL
No construction, including fences and structural
remodeling, may commence until plans are submitted and approved in writing by
the POA's Architectural Review Committee. Since the granting of
variances is not automatic, builders and homeowners considering remodeling
should submit plans at the schematic design stage to avoid costly design
changes or construction modifications.
Considerations for plan approval and granting of possible
variances include suitability of proposed structure and building material to
site, effects on or outlooking from adjacent property, and harmony with
surrounding property.
Plan submittals, which will be retained by the POA,
should include survey, proposed site plan, floor plan(s) and exterior
elevations. Descriptions of construction materials and color selections may be
required.
HEIGHT OF STRUCTURE
All residences erected are to be full two-story homes except
with prior written approval from the POA.
BUILDING MATERIALS
Principal exterior material shall be stucco, masonry, or
similar material and is required to be in character with surrounding
structures. In Section 1, outbuildings must be of the same building material
as the residence.
FENCES, WALLS
No fence, wall or hedge may be placed in front of residence
closer to the street than the front building line as indicated on individual
plot description. A variance is often granted for properties facing Main
Street with prior written approval from the POA.
LOT WIDTH
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Section
1
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Addition
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Extension |
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Minimum
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50
Feet
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60
Feet
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60
Feet
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Exceptions
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Most
lots are specified between 65 and 350 feet
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As
specified for designated lots.
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None
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BUILDING SET-BACKS
Set-back requirements for structures vary from Section to
Section and are more complicated for Section 1.
SET-BACK FROM STREET
No building or part thereof shall be erected nearer to the
front and/or side (for corner lots) street than the front and/or side building
limit lines as shown on the property plot. There originally was an exception
in Section 1, which now has been superseded by City of Houston Building
Codes.
MINIMUM SET-BACK FROM SIDE PROPERTY LINES
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Section
1
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Addition and Extension
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6
feet for lots less than 90 foot frontage.
10 feet for lots with front footage of 90 feet or greater.
No
residence, Including second story overhangs, attached porches,
garages, or greenhouses, can occupy more than 80% of width of property
measured at front building line.
Chimneys
or purely ornamental projections may extend 4 feet closer to side
property line.
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5
feet including attached carports, porches, and garages, but not
detached garages at rear of lot.
Attaching
an existing garage to the main body of the house subjects it to the
same set-back restrictions as the residence itself. |
SET-BACK
FOR CORNER LOTS
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Section
1
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Addition and Extension
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The
following apply IN ADDITION to those for side set-backs.
Covered
or uncovered but not enclosed porches, porte cochere, and terraces may extend
10 feet beyond side building line.
Second
story bay windows vestibules, chimneys, or decorative projections may
extend a maximum of 4 feet beyond side building line.
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None
specified
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OUTBUILDINGS
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Section
1
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Addition and Extension
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Relationship
to Streets
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Cannot
be built closer to front or side streets than specified on outbuilding
limit line specified on property plat
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Not
specified Cannot encroach upon Utility Easements.
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Detached
Garage/ Outbuildings
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Maximum
of 35 feet Wide each
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Greenhouse
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Maximum
of 20 feet wide.
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Aggregate
of Outbuildings excluding Greenhouse
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Maximum
width of 50% of total property width measured at rear building line.
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Aggregate
of Outbuildings Including Greenhouse
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Maximum
width of 60% of total property width measured at rear building-line.
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Possible
Variance with Prior Written Approval of POA
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Maximum
width of aggregate outbuilding increased by 10% if total does not exceed
width of residence.
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PRIVY
OR PORT-O-CAN
Deed
restrictions for Section 1 specifically state that no privy can be maintained
on the property. While this
interpretation can be extended to Port-O-Cans maintained on the property
during construction, we merely request that they be discretely placed out of
view of the surrounding neighbors. This
request extends to all Sections of Old Braeswood.
ENFORCEMENT
OF DEED RESTRICTIONS
The
Old Braeswood POA has achieved a very successful history of enforcement
of deed restrictions. Suspected
violations of deed restrictions should be documented and submitted in writing
to the Executive Committee. The
Executive Committee will initiate an appropriate investigation and pursue
legal action if warranted. Anonymous
complaints will not be accepted. Nearly
two-thirds of the funds of the Old Braeswood POA are reserved for
enforcement of deed restrictions.
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