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RECITALS

1. The property encumbered by this Policy is that property restricted by the restrictive covenant documents referred to in the Association’s current Management Certificate filed of record in the Official Public Records of Real Property of Brazos County, Texas for each subdivision under the jurisdiction of the Association, as same has been or may be amended and/or supplemented from time to time (“Declaration”), and any other property which has been or may be subsequently annexed thereto and made subject to the authority of the Association.
   
2. Section 19€ of the Association’s Amended & Restated Bylaws grants the Board the power to adopt rules, regulations and/or guidelines regarding the installation of improvements on a Lot.
   
3. The Board has determined that, in order to provide guidance regarding security measures authorized by Texas Property Code Section 202.023, it is appropriate for the Association to adopt a Security Measures Policy for the properties under the jurisdiction of the Association.
   
4. This Security Measures Policy replaces and supersedes any previously recorded or implemented policy that addresses the subjects contained herein, if any, adopted by the Association.
   
5. Any reference made herein to approval by the Architectural Control Committee (the “ACC”), means prior written approval by the ACC.
   
6. All capitalized terms in this Policy shall have the same meanings as that ascribed to them in the Declaration.

SECURITY MEASURES POLICY

1. ACC Application Required. Before any security measure contemplated by Section 202.023(a) of the Texas Property Code (“Code”) is constructed or otherwise erected on a Lot, an ACC application must be submitted to the Association and approved in writing in accordance with the Declaration. The following information must be included with the application:
   
   a. Type of security measure;
   
   b. Location of proposed security measure;
   
   c. General purpose of proposed security measure; and
   
   d. Proposed construction plans and/or site plan.
   
2. Other Applicable Requirements. Owners are encouraged to be aware of the following issues when seeking approval for and installing a security measure:
   
   a. The location of property lines for the Lot. Each Owner should consider obtaining a survey before installing a security measure;
   
   b. Easements in the area in which the security measure is to be installed;
   
   c. Underground utilities in the area in which the security measure is to be installed.
   
   The Association is not obligated to and will not review an Owner’s ACC security measure application for the above-referenced issues. Owners should be aware that a security measure may have to be removed if a person or entity with superior rights to the location of a security measure objects to the placement of the security measure.
   
3. Type of Fencing. The Code authorizes the Association to regulate the type of security measure fencing that an Owner may install on a Lot.
   
   a. Security measure fencing generally:
   
   (i) Security measure fencing cannot contain Decorative elements and embellishments (whether part of the fence construction or are add-on decorative elements/embellishments). This prohibition includes, but is not limited to, prohibiting finials (of any shape or design), fleur de lis, points, spears (of any shape or design), and gate toppers of any type.
   
   (ii) Unless otherwise provided by the Association’s dedicatory instruments, chain link, brick, concrete, barbed wire, electrified, vinyl, and stone security measure fencing is expressly prohibited and will not be approved by the ACC.
   
   (iii) No vines or vegetation shall be allowed to grow on security measure fencing.
   
   (iv) Security measure fencing must be located on the perimeter of a Lot, however, it is prohibited for security measure fencing to: (i) be located across sidewalks; and/or; (ii) to enclose sidewalks. If a sidewalk is located within the perimeter of a Lot, the security measure fencing must be located on the residence side of the sidewalk. Fencing that is not located on the perimeter of a Lot is not security measure fencing and must comply with the Declaration and all other applicable Association governing documents.
   
   b. Security measure fencing shall not be permitted to be installed on any Lot nearer to the front lot line than the front building setback unless: 1) the Owner’s residential address is exempt from public disclosure under state or federal law, or 2) the Owner provides documentation to the Association from a law enforcement agency of the Owner’s need for enhanced security measures.
   
   c. All security measure fencing must be installed per the manufacturer’s specifications and all electric gates must be installed by a licensed electrician in accordance with all applicable codes and applicable governmental regulations.
   
   d. Placement of fencing and/or security measures of any type must comply with City, County, and/or State Regulations and Ordinances, if any.
   
   e. The ACC shall have the discretion to determine any additional types of approvable or prohibited security measure fencing.
   
   f. If the proposed security measure fencing is located on one or more shared Lot lines with adjacent Lot(s) (“Affected Lots”), all Owners of record of the Affected Lots must sign the ACC application evidencing their consent to the security measure fencing before the requesting Owner (“Requesting Owner”) submits the ACC application to the ACC. In the event that the Affected Lot Owner(s) refuse to sign the ACC application as required by this section, the Affected Lot Owner(s) and Requesting Owner hereby acknowledge and agree that the Association shall have no obligation to participate in the resolution of any resulting dispute in accordance with this Policy.
   
4. Burglar Bars, Security Screens, Front Door Entryway Enclosures. All burglar bars, security screens, and front door entryway enclosures shall be black, or any color approved by the ACC. Notwithstanding the foregoing, the ACC shall have the discretion to approve another color for burglar bars, security screens and front door entry enclosure if, in the sole and absolute discretion of the ACC (subject to an appeal to the Board of Directors in the event of an ACC denial), the proposed color of the burglar bars, security screens, and front door entryway enclosures complements the exterior color of the dwelling. All burglar bars and front door entry enclosures must be comprised of straight horizontal cross-rails and straight vertical pickets. Decorative elements and embellishments (whether part of the original construction of the burglar bar or security screen or are add-on decorative elements/embellishments) of any type are prohibited on burglar bars, security screens, and front door entryway enclosures.
   
5. Location. A security measure may be installed only on an Owner’s Lot, and may not be located on, nor encroach on, another Lot, street right-of-way, Association Common Area, or any other property owned or maintained by the Association. No fence shall be installed in any manner that would prevent someone from accessing property that they have a right to use/access such as a sidewalk. No fence or wall may be installed that obstructs a sidewalk, drainage area or easement/license areas. In the event a Lot is subject to a front yard security measure fence exception as referenced in Section 3(b) above, if a driveway gate is installed, the gate must be set back at least ten (10) feet from a right-of-way if the driveway intersects with a laned roadway.
   
6. Disputes; Disclaimer; Indemnity. Security measures, including but not limited to, security cameras and security lights shall not be permitted to be installed in a manner that the security measure is aimed/directed at an adjacent property which would result in an invasion of privacy, or cause a nuisance to a neighboring Owner or resident. In the event of a dispute between Owners or residents regarding security measure fencing, or a dispute between Owners or residents regarding the aim or direction of a security camera or security light, the Association shall have no obligation to participate in the resolution of the dispute. The dispute shall be resolved solely by and between the Owners or residents.
   
   EACH OWNER AND OCCUPANT OF A LOT WITHIN THE PROPERTY ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, INCLUDING ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES AND THE ACC, ARE NOT INSURERS AND THAT EACH OWNER AND OCCUPANT OF ANY DWELLING AND/OR LOT THAT HAS A SECURITY MEASURE THAT HAS BEEN OR WILL BE INSTALLED PURSUANT TO THIS POLICY ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO DWELLINGS AND IMPROVEMENTS AND TO THE CONTENTS OF DWELLINGS AND IMPROVEMENTS, AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, INCLUDING ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES AND THE ACC, HAVE MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER OR OCCUPANT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY SECURITY MEASURE THAT MAY BE APPROVED BY THE ACC PURSUANT TO THIS POLICY.
   
   OWNERS OF LOTS WITHIN THE PROPERTY HEREBY AGREE TO INDEMNIFY, PROTECT, HOLD HARMLESS, AND DEFEND (ON DEMAND) THE ASSOCIATION, INCLUDING ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES AND COMMITTEE MEMBERS COMPRISING THE ACC (COLLECTIVELY REFERRED TO AS THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT BY AN OWNER OR OCCUPANT) IF SUCH CLAIMS ARISE OUT OF OR RELATE TO A SECURITY MEASURE GOVERNED BY THIS POLICY. THIS COVENANT TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INCLUDES (WITHOUT LIMITATION) CLAIMS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE INDEMNIFIED PARTIES’ OWN NEGLIGENCE, REGARDLESS OF WHETHER SUCH NEGLIGENCE IS THE SOLE, JOINT, COMPARATIVE OR CONTRIBUTORY CAUSE OF ANY CLAIM.
   
   Any installation not in compliance with this Policy will be considered a violation of the dedicatory instruments governing the subdivision.

Copyright © 2025 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Policy may be used only in
connection with the Austin’s Colony community and the operation of the Austin’s Colony Homeowners Association of
Bryan, Inc.