2004 112 13191 DECLARATION OF 3321 ROSEDALE CONDOMINIUMS Dallas, Dallas County, Texas Declarant CLEVELAND PARTNERS, L.P.
45 Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale- Condominium Information Statement Exhibit ADeclaration.doe Page 2 of 4x a ARTICLE 1 DEFINITIONS DECLARATION OF 3321 ROSEDALE CONDOMINIUMS TABLE OF CONTENTS PAGE 7 ARTICLE 2-PROPERTY SUBJECT TO DOCUMENTS 2.1.
SUBJECT TO DOCUMENTS 2.2.
ADDITIONAL PROPERTY 2.3.
MERGER 2.4.
RECORDED EASEMENTS AND LICENSES 96669 3.1.
3.2.
GENERAL ARTICLE 3 PROPERTY EASEMENTS AND RIGHTS OWNER'S EASEMENT OF ENJOYMENT 3.3. OWNER'S MAINTENANCE EASEMENT 3.4. OWNER'S INGRESS/EGRESS EASEMENT 10 3.5.
OWNER'S ENCROACHMENT EASEMENT 3.6.
ASSOCIATION'S ACCESS EASEMENT 3.7.
UTILITY EASEMENT 3.8.
SECURITY 000000000 10 10 10 10 10 10 10 10 3.9.
ARTICLE 4 4.1.
4.2.
4.3.
4.4.
4.5.
EASEMENT TO INSPECT & RIGHT TO CORRECT UNITS, LIMITED COMMON ELEMENTS & ALLOCATION UNIT BOUNDARIES PARKING SPACES AS LIMITED COMMON ELEMENTS SUBSEQUENT ALLOCATION OF LIMITED COMMON ELEMENTS REALLOCATION OF LIMITED COMMON ELEMENTS ALLOCATION OF INTERESTS 11 11 12 12 12 13 ARTICLE 5 COVENANT FOR ASSESSMENTS 13 5.1.
PURPOSE OF ASSESSMENTS 13 5.2.
5.3.
PERSONAL OBLIGATION CONTROL FOR ASSESSMENT INCREASES 13 13 5.4.
TYPES OF ASSESSMENTS 14 5.5.
REGULAR ASSESSMENTS 14 5.6.
SPECIAL ASSESSMENTS 14 5.7.
INDIVIDUAL ASSESSMENTS 15 5.8.
DEFICIENCY ASSESSMENTS 5.9.
DUE DATE 5.10.
RESERVE FUNDS.
5.11.
ASSOCIATION'S RIGHT TO BORROW MONEY 5.12.
TRANSFER-RELATED FEES 5.13.
LIMITATIONS OF INTEREST 555555333 15 15 15 15 15 16 ARTICLE 6-ASSESSMENT LIEN 6.1.
6.2.
ASSESSMENT LIEN SUPERIORITY OF ASSESSMENT LIEN 16 16 155 16 2 CLLTXLAW CLIENTS CLEVELAND. JOE CLEVELAN-001 3.321 Rosedale Condominium Information Statement Exhibit ADeclaration dos Page 3 of 4k
6.2.
ASSESSMENT LIEN SUPERIORITY OF ASSESSMENT LIEN 16 16 155 16 2 CLLTXLAW CLIENTS CLEVELAND. JOE CLEVELAN-001 3.321 Rosedale Condominium Information Statement Exhibit ADeclaration dos Page 3 of 4k 2004 12 13192 46 200112 13193 6.3 EFFECT OF MORTGAGEE'S FORECLOSURE 16 6.4.
NOTICE AND RELEASE OF NOTICE 6.5.
POWER OF SALE 6.6.
FORECLOSURE OF LIEN 6667 16 16 17 ARTICLE 7 7.1.
EFFECT OF NONPAYMENT OF ASSESSMENTS INTEREST 7.2.
LATE FEES 7.3.
7.4.
ACCELLERATION 7.5.
COLLECTION EXPENSES SUSPENSION OF USE AND VOTE CEFFE 17 17 17 17 17 17 7.6.
COLLECTION OF RENT 17 7.7.
MONEY JUDGMENT 17 7.8.
NOTICE TO MORTGAGEE 17 7.9 17 APPLICATION OF PAYMENTS ARTICLE 8 MAINTENANCE AND REPAIR OBLIGATIONS ASSOCIATION MAINTAINS 8.1.
8.2.
OWNER RESPONSIBILITY 8.3.
SHEETROCK 8.4.
BALCONIES & DECKS 8.5.
WARRANTY CLAIMS 8.6 OWNER'S DEFAULT IN MAINTENANCE ARTICLE 9 ARCHITECTURAL COVENANTS AND CONTROL 9.1.
PURPOSE 9.2.
ARCHITECTURAL CONTROL COMMITTEE 9.3.
LIMITS ON LIABILITY 9.4.
9.5.
PROHIBITION OF CONSTRUCTION, ALTERATION & IMPROVEMENT ACC APPROVAL 9.6.
PROHIBITED ACTS 10.1.
VARIANCE 10.2.
ARTICLE 10-USE RESTRICTIONS ASSOCIATION'S RIGHT TO PROMULGATE RULES 10.3.
RULES AND REGULATIONS 10.4.
AGES OF RESIDENTS 10.5.
ANIMALS 10.6 ANNOYANCE 10.7.
APPEARANCE 10.8.
10.9.
10.10.
DRAINAGE DRIVEWAYS LANDSCAPING OCCUPANCY RESIDENTIAL USE 10.11.
NOISE & ODOR 10.12.
10.13.
10.14.
SIGN RESTRICTIONS 10.15.
10.16.
10.17.
SPECIFIC USES STRUCTURAL INTEGRITY TELEVISION 10.18. VEHICLE RESTRICTIONS 10.19 WINDOW TREATMENTS ARTICLE 11 UNIT LEASING II.1.
11.2.
LEASE CONDITIONS OWNER OCCUPANCY 18 18 18 18 60 50 50 60 00 18 18 19 19 19 19 19 19 19 20 21 22222 20 20 21 21 21 21 21 21 22 22 22 22 22 22 22 22 22 23 23 24 24 24
ARTICLE 11 UNIT LEASING II.1.
11.2.
LEASE CONDITIONS OWNER OCCUPANCY 18 18 18 18 60 50 50 60 00 18 18 19 19 19 19 19 19 19 20 21 22222 20 20 21 21 21 21 21 21 22 22 22 22 22 22 22 22 22 23 23 24 24 24 Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale Condominium Information Statement Exhibit ADeclaration dox Page 4 of 4x 47 11.3.
EVICTION OF TENANTS 11.4.
MORTGAGEES & DECLARANT EXEMPT ARTICLE 12-ASSOCIATION OPERATIONS 12.1.
BOARD 12.2.
THE ASSOCIATION 12.3.
GOVERNANCE 12.4.
MEMBERSHIP 12.5.
BOOKS & RECORDS 12.6.
INDEMNIFICATION 25 12.7. OBLIGATIONS OF OWNERS ARTICLE 13-ENFORCING THE DOCUMENTS REMEDIES BOARD DISCRETION 25 13.1.
13.2.
13.3.
NO WAIVER 13.4.
RECOVERY OF COSTS 13.5.
NOTICE AND HEARING 26 ARTICLE 14-INSURANCE 14.1.
GENERAL PROVISIONS 14.2.
PROPERTY INSURANCE 14.3.
LIABILITY INSURANCE 14.4.
WORKER'S COMPENSATION 14.5.
FIDELITY COVERAGE 14.6.
DIRECTORS AND OFFICERS LIABILITY 14.7.
MORTGAGEE REQUIRED POLICIES 14.8.
OTHER POLICIES 14.9.
OWNER'S RESPONSIBILITY FOR INSURANCE ARTICLE 15 RECONSRUCTION OR REPAIR AFTER LOSS 15.1.
SUBJECT TO ACT 15.2.
RESTORATION FUNDS 29 15.3.
COSTS AND PLANS 15.4.
OWNER'S DUTY TO REPAIR 15.5.
OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE ARTICLE 16- TERMINATION AND CONDEMNATION 16.1.
ASSOCIATION AS TRUSTEE 24 24 24 24 25 25 25 25 222222222 2222222222 222ORD BR 26 26 26 27 27 27 27 28 28 28 28 29 29 29 29 29 30 30 30 30 30 16.2.
TERMINATION 30 16.3.
CONDEMNATION ARTICLE 17-MORTGAGEE PROTECTION INTRODUCTION AMENDMENT 31 31 17.1.
17.2.
KNOWN MORTGAGEES 17.3.
17.4.
TERMINATION 17.5.
IMPLIED APROVAL 17.6.
OTHER MORTGAGEE RIGHTS 17.7.
INSURANCE POLICIES 17.8.
NOTICE OF ACTIONS 17.9.
ARTICLE 18 AMENDMENTS 18.1.
182 CONSENTS REQUIRED METHOD OF AMENDMENT 31 31 31 31 32 32 32 32 AMENDMENTS OF A MATERIAL NATURE 32 333 33 33 33
HTS 17.7.
INSURANCE POLICIES 17.8.
NOTICE OF ACTIONS 17.9.
ARTICLE 18 AMENDMENTS 18.1.
182 CONSENTS REQUIRED METHOD OF AMENDMENT 31 31 31 31 32 32 32 32 AMENDMENTS OF A MATERIAL NATURE 32 333 33 33 33 Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001-3321 Rosedale- Condominium Information Statement Exhibit ADeclaration doc Page 5 of 4% 2004 112 13194 48 2004 112 13195 18.3.
EFFECTIVE 18.4.
DECLARANT PROVISIONS ARTICLE 19-DISPUTE RESOLUTION 19.1. INTRODUCTION & DEFINITIONS 19.2.
MANDATORY PROCEDURES 19.3.
NOTICE 19.4.
NEGOTIATION 19.5.
MEDIATION 19.6.
TERMINATION OF MEDIATION 19.7.
ALLOCATION OF COSTS 19.8.
ENFORCEMENT OF RESOLTUION 19.9.
GENERAL PROVISIONS 19.10.
LITIGATION APPROVAL & SETTLEMENT ARTICLE 20-GENERAL PROVISIONS 20.1.
COMPLIANCE 20.2.
HIGHER AUTHORITY 20.3.
NOTICE 20.4.
LIBERAL CONSTRUCTION 20.5.
20.6.
CAPTIONS 20.7.
SEVERABILITY INTERPRETATION 20.8.
DURATION 20.9.
PREPARER 20.10.
APPENDIXES SIGNED AND ACKNOWLEDGED APPENDIX A DESCRIPTION OF SUBJECT LAND APPENDIX B DECLARANT REPRESENTATIONS & RESERVATIONS APPENDIX C-SCHEDULE OF ALLOCATED INTERESTS APPENDIX D PLATS AND PLANS APPENDIX E - EASEMENTS AND LICENSES APPENDIX F ASSIGNMENT OF PARKING SPACES APPENDIX G-LIENHOLDER CONSENT TO DECLARATION 36 36 36 36 36 36 36 36 36 36 36 37 wwwwwwwwwwwwwEEEEEEEEEE ww 33 33 34 34 34 34 35 35 35 35 35 35 35 Z CLITXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale- Condominium Information Statement Fahib A.
Declaration Page 6 of 4x es CONDOMINIUM INFORMATION STATEMENT EXHIBIT A DECLARATION 3321 ROSEDALE CONDOMINIUMS Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale Condominium Information Statement Exhibit ADeclaration doe Page 1 of 4x 2004 112 13190 a 44 DECLARATION OF 3321 ROSEDALE CONDOMINIUMS
IUMS Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale Condominium Information Statement Exhibit ADeclaration doe Page 1 of 4x 2004 112 13190 a 44 DECLARATION OF 3321 ROSEDALE CONDOMINIUMS This Declaration of 3321 Rosedale Condominiums is made by Cleveland Partners, L.P." a Texas limited partnership ("Declarant"), on the date signed below, Declarant owns the real property described in Appendix A of this Declaration, together with the improvements thereon, By recording this Declaration, Declarant submits the property described in Appendix A to the provisions of the Texas Uniform Condominium Act, Chapter 82 of the Texas Property Code, for the purpose of creating 3321 Rosedale Condominiums, Declarant desires to develop the real property with a residential condominium to be known as 3321 Rosedale Condominiums. Declarant further desires to provide for the preservation and maintenance of portions of 3321 Rosedale Condominiums, and to protect the value, desirability and attractiveness of 3321 Rosedale Condominiums. As required by State law, Declarant is creating a condominium association to perform the functions and activities more fully described in this Declaration.
Declarant DECLARES that the property described in Appendix A will be held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, and casements of this Declaration, including Declarant's representations and reservations in the attached Appendix 8, which nun with the real property and bind all parties having or acquiring any right, title, or interest in the property, their heirs, successors, and assigns, and inure to the benefit of each owner of the property.
ARTICLE 1 DEFINITIONS
bind all parties having or acquiring any right, title, or interest in the property, their heirs, successors, and assigns, and inure to the benefit of each owner of the property.
ARTICLE 1 DEFINITIONS DEFINITIONS. Unless defined otherwise in this Declaration, words and phrases defined in Section 82 003 of the Act have the same meaning when used in this Declaration. The following words and phrases, whether or not capitalized, have specified meanings when used in the Documents, unless a different meaning is apparent from the context in which the word or phrase is used.
1.1.
"ACC" means the Architectural Control Committee of the Association.
1.2. "Act" means Chapter 82 of the Texas Property Code, the Texas Uniform Condominium Act, as it may be amended from time to time.
1.3.
"Applicable Law" means the statutes and public laws and ordinances in effect at the time a provision of the Documents is applied, and pertaining to the subject matter of the Document provision.
Statules referenced in the Documents by code number are "Applicable Law" on the date of the Document, and are not intended to apply if they cease to be applicable, or if they are replaced or superceded by one or more other statutes 1.4 "Assessment" means any charge levied against a unit or owner by the Association, pursuant to the Documents, the Act, or other public law, including but not limited to Regular Assessments, Special Assessments, Individual Assessments, and Deficiency Assessments, as defined in Article of this Declaration.
1.5.
"Association" means the association of owners of all units in the Property, initially organized as The 3321 Rosedale Condominium Association, a Texas nonprofit corporation, and serving as the "association"
ciation" means the association of owners of all units in the Property, initially organized as The 3321 Rosedale Condominium Association, a Texas nonprofit corporation, and serving as the "association" defined by the Act, and as the "property owners" association" defined in Section 202.001(2) of the Texas Property Code. The failure of the Association to maintain its corporate charter from time to time does not affect 2 CULTXLAW CLIENTS CLEVELAND, JOF CLEVELAN-0013321 Rasedale-Condominium Information Statement Exhibit ADeclaration doc Page 7 <7f 4% 2004 112 13196 50 2004 12 13197 the existence or legitimacy of the Association, which derives its authority from this Declaration, the bylaws, and the Act.
1.6.
"Board" means the board of directors of the Association.
1.7.
1.8.
"Bylaws" means the bylaws of the Association, as they may be amended from time to time.
"Common Element" incans all of the Property, save and except the units. All Common Elements are "General Common Elements" except, if any, "Limited Common Elements" allocated by this Declaration for the exclusive use of one or more but less than all of the units.
1.9. "Declarant" means Cleveland Partners, L.P., a Texas limited partnership, which is developing the Property, or the successors and assigns of Cleveland Partners, L.P.., which acquire any portion of the Property for the purpose of development and which are designated a Successor Declarant by Cleveland Partners, L.P.., or by any such successor and assign, in a recorded document.
1.10.
"Declarant Control Period" means that period of time during which Declarant controls the operation and management of the Association, pursuant to Appendix B of this declaration. The duration of the Declarant
ant Control Period" means that period of time during which Declarant controls the operation and management of the Association, pursuant to Appendix B of this declaration. The duration of the Declarant Control Period is from the date this Declaration is recorded for a maximum period not exceed the earlier (1) 3 years from date this Declaration is recorded, or (2) 120 days after title to 75 percent of the units in the Property has been conveyed to owners other than Declarant.
1.11.
1.12.
"Declaration" means this document, as it may be amended from time to time.
"Development Period" means the 7-year period beginning the date this Declaration is recorded, during which Declurant has certain rights pursuant to Appendix B hereto, including rights related to development, construction, and marketing of the Property. The Development Period is for a term of years and does not require that Declarant own any portion of the property described in Appendix A. Declarant may terminate the Development Period at any time by recording a notice of termination.
During the Development Period, Appendix B has priority over the main body of this Declaration.
1.13.
"Documents" means, singly or collectively as the case may be, this Declaration, the Plat and Plans recorded pursuant to the Act, the Bylaws, the Association's Articles of Incorporation, and the Rules of the Association, as any of these may be amended from time to time. An appendix, exhibit, schedule, or certification accompanying a Document is a part of that Document.
1.14.
1.15.
"Majority" means more than half.
"Member" means a member of the Association, each member being an owner of a unit, unless the context indicates that member means a member of the board or a member of a committee of the association.
f.
"Member" means a member of the Association, each member being an owner of a unit, unless the context indicates that member means a member of the board or a member of a committee of the association.
1.16. "Mortgagee" means a holder, insurer, or guarantor of a purchase secured by a recorded senior or first deed of trust lien against a unit.
1.17.
"Owner" means a holder of recorded fee simple title to a unit. Declarant is the initial owner of all units. Sellers under contracts for deed are owners. Mortgagees who acquire tille to a unit through a deed in lieu of foreclosure or through judicial or nonjudicial foreclosure are owners. Persons or entities having ownership interests merely as security for the performance of an obligation are not owners. Every owner is a member of the Association.
1.18.
"Property" means all the land subject to this Declaration and all casements, rights, and appurtenances to the land, The name of the Property is 3321 Rosedale Condominiums. The Property is located entirely in the Z CLLIXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale Condominium Information Statement Exhiba ADeclaration doc Page X of 4K 51 City of Dallas, Dallas County, Texas is located on land described in Appendix A to this Declaration, and includes every unit and common element thereon.
1.19.
1.20.
"Resident" means an occupant of a unit, regardless of whether the person owns the unit.
"Rules" means rules and regulations of the Association adopted in accordance with the Documents or the Act. The initial Rules may be adopted by Declarant for the benefit of the Association.
1.21. "Underwriting Lender" means a national institutional mortgage lender, underwriter, guarantor, or
nts or the Act. The initial Rules may be adopted by Declarant for the benefit of the Association.
1.21. "Underwriting Lender" means a national institutional mortgage lender, underwriter, guarantor, or purchaser on the secondary market, such as Federal Home Loan Mortgage Corporation (Freddie Muc), Federal National Mortgage Association (Fannie Mae), or Government National Mortgage Association (Ginnie Mac).
singly or collectively. The use of this term and these institutions may not be construed as a limitation on an Owner's financing options nor as a representation that the Property is approved by any institution.
1.22.
"Unit" means a physical portion of the Property designated by this Declaration for separate ownership, the boundaries of which are shown on the Plat and Plans attached hereto as Appendix D, as further described in the Unit Boundaries Section of this Declaration.
2.1.
ARTICLE 2 PROPERTY SUBJECT TO DOCUMENTS SUBJECT TO DOCUMENTS. The real property described in Appendix A is held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, liens, and casements of this Declaration, including Declarant's representations and reservations in the attached Appendix B, which run with the Property, bind all parties having or acquiring any right, title, or interest in the Property, their heirs, successors, and assigns, and inure to the benefit of each owner of the Propcity.
NOTICE This Declaration and the other Documents are subject to change from time to time. By owning or occupying a unit, you agree to remain in compliance with published restrictions and rules as they change.
2.2.
ADDITIONAL PROPERTY. Additional real property may be annexed to the Property and subjected
ccupying a unit, you agree to remain in compliance with published restrictions and rules as they change.
2.2.
ADDITIONAL PROPERTY. Additional real property may be annexed to the Property and subjected to the Declaration and the jurisdiction of the Association on approval of owners representing at least two-thirds of the units in the Property, or, during the Development Period, by Declarant as permitted in Appendix B.
Annexation of additional property is accomplished by recording a declaration of annexation, including an amendment of Appendix A, in the county's Real Property Records. If units are added to the Property, amendment of Appendix C is also required.
2.3.
MERGER. Merger or consolidation of the Association with another evidenced by an amendment to this Declaration. The armendment must be representing at least two-thirds of the total allocated votes. On merger or Association with another association, the property, rights, and obligations of another association may, by operation of law, be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to the merger. The surviving or consolidated association may administer the provisions of the Documents within the Property, together with the covenants and restrictions established on any other property under its jurisdiction No merger or consolidation, however, will effect a revocation, change, or addition to the covenants established by this Declaration 2.4.
RECORDED EASEMENTS AND LICENSES. In addition to the case contained in this Declaration, the Property is subject to all casements, encumbrances of record. including those described in the attached Appendix referenced on a recorded plat, cach of which is incorporated herein by reference. Each owner, by
is subject to all casements, encumbrances of record. including those described in the attached Appendix referenced on a recorded plat, cach of which is incorporated herein by reference. Each owner, by accepting an interest in or title to a unit, whether or not it is so expressed conveyance, covenants and agrees to 7. CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale- Condominium Information Statement Exhibit ADeclaratura doc Page 9 of 48 2004112 13198 52 3 53 be bound by prior-recorded casements, encumbrances. Each owner further agrees to maintain any casement that crosses the Association does not have express responsibility.
3.1.
ARTICLE 3 PROPERTY EASEMENTS AND RIGHTS GENERAL. In addition to other casements and rights established by the Documents, the Property is subject to the easements and rights contained in this Article 3.2.
OWNER'S EASEMENT OF ENJOYMENT. Every owner is granted a right and casement of enjoyment over the general common elements and to use of improvements therein, subject to other rights and easements contained in the Documents. An owner who does not occupy a unit delegates this right of enjoyment to the residents of his unit, and is not entitled to use the general common elements. Notwithstanding the foregoing, if a portion of the general common elements, such as a meeting room, is designed for private use, the Association may temporarily reserve the use of such area for certain persons and purposes.
3.3. OWNER'S MAINTENANCE EASEMENT. Every owner is granted easement over adjoining units and common elements for the maintenance or reconstruction of his unit, subject to the consent of the owner of the adjoining unit, or the Association in the case of common elements, and provided the owner's use of this
ts for the maintenance or reconstruction of his unit, subject to the consent of the owner of the adjoining unit, or the Association in the case of common elements, and provided the owner's use of this easement does not damage or materially interfere with the use of the adjoining unit or common element.
Requests for entry to an adjoining unit or common element will be made in advance for a time reasonably convenient for the adjoining owner, who may not unreasonably withhold consent. If an owner damages an adjoining unit or common element in exercising this easement, the owner is obligated to restore the damaged property to its original condition, at his expense, within a reasonable period of time.
3.4 OWNER'S INGRESS/EGRESS EASEMENT. Every owner is granted a perpetual easement over the Property, as may be reasonably required, for vehicular and pedestrian ingress to and egress from his unit or the appurtenant limited common elements.
3.5. OWNER'S ENCROACHMENT EASEMENT. Every owner is granted for the existence and continuance of any encroachment by his unit on any adjoining unit or common element now existing or which may come into existence hereafter, as a result of construction, repair, shifting, settlement, or movement of any portion of a building or as a result of condemnation or eminent domain proceedings, so that the encroachment may remain undisturbed so long as the improvement stands.
3.6.
ASSOCIATION'S ACCESS EASEMENT. The Association is granted an easement of access and entry into every unit and common element to perform maintenance, to enforce architectural and use restrictions, to respond to emergencies, and to perform any other duties required by the Documents.
3.7.
UTILITY EASEMENT. The Association may grant permits, licenses, and easements over the common
se restrictions, to respond to emergencies, and to perform any other duties required by the Documents.
3.7.
UTILITY EASEMENT. The Association may grant permits, licenses, and easements over the common elements for utilities, roads, and other purposes necessary for the proper operation of the property. A company or entity, public or private, furnishing utility service to the Property, is granted an easement over the Property for ingress, egress, meter reading, installation, maintenance, repair, or replacement of utility lines and equipment, and to do anything else necessary to properly maintain and furnish utility service to the Property; provided, however, this casement may not be exercised without prior notice to the board. Utilities may include, but are not limited to, water, sewer, trash removal, electricity, gas, telephone, master or cable television, and security.
2004 12 13199 READERS, PLEASE PAY PARTICULAR HEED TO THE NEXT PROVISION TITLED "SECURITY" 3.8.
SECURITY. The Association may, but is not obligated to, maintain or support certain activities within the l'roperty designed, either directly or indirectly, to improve safely in or on the Property. Each owner and resident acknowledges and agrees, for himself and his guests, that Declarant, the Association, and their Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale-Condominium Information Statement Exhibit ADeclaration doc Page 10 of 4k respective directors, officers, committees, agents, and employees are not providers, insurers, or guarantors of security within the Property. Each owner and resident acknowledges and accepts his sole responsibility to provide security for his own person and property, and assumes all risks for loss or damage to same. Each owner
the Property. Each owner and resident acknowledges and accepts his sole responsibility to provide security for his own person and property, and assumes all risks for loss or damage to same. Each owner and resident further acknowledges that Declarant, the Association, and their respective directors, officers, committees, agents, and employees have made no representations or warranties, nor has the owner or resident relied on any representation or warranty, express or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any fire, burglary, and/or intrusion systems recommended or installed, or any security measures undertaken within the Property. Each owner and resident acknowledges and agrees that Declarant, the Association, and their respective directors, officers, committees, agents, and employees may not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken.
3.9. EASEMENT TO INSPECT & RIGHT TO CORECT. For a period of 10 years from the date of recording this Declaration, Declarant reserves for itself and for Declarant's architect, engineer, other design professionals, builder, and general contractor the right, but not the duty, to inspect, monitor, test, redesign, correct, and relocate any structure. improvement, or condition that may exist on any portion of the Property, including the units, and a perpetual nonexclusive casement of access throughout the Property to the extent reasonably necessary to exercise this right. Declarant will promptly repair, at its sole expense, any damage resulting from the exercise of this right. By the way of illustration but not limitation, relocation of a screening
exercise this right. Declarant will promptly repair, at its sole expense, any damage resulting from the exercise of this right. By the way of illustration but not limitation, relocation of a screening wall may be warranted by a change of circumstance, imprecise siting of the original wall, or desire to comply more fully with public codes and ordinances. This Section may not be construed to create a duty for Declarant or the Association, and may not be amended without Declarant's written and acknowledged consent.
4.1.
ARTICLE 4 UNITS, LIMITED COMMON ELEMENTS & ALLOCATIOINS UNIT BOUNDARIES. The boundaries and identifying number of each unit are shown on the Plat and Plans attached as Appendix D. The boundaries are further described as follows: 4.1.1. Lower Boundary: The bottom surface of the concrete subflooring is the horizontal plane defining the unit's lower boundary. Although the lightweight concrete subflooring is part of the unit, the owner may not remove the concrete subflooring without replacing it because it is part of the fire protection system for the Property.
4.1.2. Upper Boundary: The exterior (sky-side) surface of the sheetrock comprising the perimeter ceilings is the unit's upper horizontal boundary. In other words, the ceiling sheetrock is part of the unil.
4.1.3. Lateral Boundaries- Party Walls: On party walls - walls between 2 units - the unit's lateral boundaries are the planes defined by the midpoints of the party wall. The unit on each side of a party wall extends to the middle of the party wall.
4.1.4.
Lateral Boundaries Exterior Walls: On perimeter walls other than party walls between 2 units, the unit's lateral boundaries are the planes defined by (1) the exterior (outside) surfaces of the sheetrock comprising
aries Exterior Walls: On perimeter walls other than party walls between 2 units, the unit's lateral boundaries are the planes defined by (1) the exterior (outside) surfaces of the sheetrock comprising the perimeter walls; (2) the interior (inside) surfaces of closed doors. In other words, the sheetrock on perimeter walls is part of the unit, but windows and doors in the perimeter walls are part of the common element.
4.1.5. Balconies. Any balcony that is attached to the living area of a unit and which is accessed via the unit's living area is part of the unit. The boundaries of the balcony portion of a unit are the outermost surfaces of the walls, floors, railings, and ceilings (if any) of the balcony, including.
4.1.6. Storage Areas. Any storage area assigned to a unit by the plats and plans is part of the unit to which assigned, whether or not the storage area is physically attached to the living areas of the unit.
4.1.7.
What the Unit Includes: Each unit includes the spaces and improvement within the above-described vertical and horizontal boundaries of the unit. Each unit also includes improvements and equipment serving the unit exclusively, whether located inside or outside the boundaries of the unit, including the following: electricity Z CILTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale- Condominium Information Statement Exhibit A.
Declaration doc Page 11 of 4k 2004 112 13200 meter, fuse box, electrical switches, wiring, pipes, ducts, conduits, smoke or fire detectors, security systems, television antenna, cable equipment, shower pans, wall safes, door and window locks, peepholes, lighting fixtures, telephone and electrical receptacles, heating and cooling equipment and systems, and any other utility-
, cable equipment, shower pans, wall safes, door and window locks, peepholes, lighting fixtures, telephone and electrical receptacles, heating and cooling equipment and systems, and any other utilityrelated item from the point of its connection with common lines or systems. In other words, in addition to the inside of his unit, an owner also owns certain physical components of the Property that exclusively serve the unit even though located outside the boundaries of the unit.
4.1.8. Exclusions: Except as specifically included above, each unit excludes the space and improvements lying outside of the perimeter boundaries of the unit. Each unit also excludes any chute, pipe, flue, duct, wire, or conduit running through a unit for the purpose of furnishing utility and similar services to other units and/or common elements. In other words, an air conditioning duct that serves another unit is not part of the unit.
However, under the preceding subparagraph, the length of duct that serves the unit exclusively is part of the unit.
2004 112 13201 4.1.9. Inconsistency with Plans: If the foregoing description of unit boundaries is inconsistent with the Plats and Plans, then this Section will control.
55 SIZE OF UNIT The size of a unit may be measured different ways for different purposes, such as for tax purposes, appraisal purposes, sales purposes, and for purposes of carpeting and paint. No single measurement is definitive for all purposes. The unit's partition wall cavities, Its perimeter wall cavities, and/or its balcony area may or may not be included.
4.1.10. Representations of Size. The units are initially marketed on the basis of a limited number of representational floorplans, each of which is marked with a rounded and estimated size of air-conditioned space.
entations of Size. The units are initially marketed on the basis of a limited number of representational floorplans, each of which is marked with a rounded and estimated size of air-conditioned space.
taken from pre-construction architectural drawings. Those marketing sizes may vary from the size of the actual space contained within the unit's vertical and horizontal boundaries.
4.2.
PARKING SPACES AS LIMITED COMMON ELEMENTS. Each unit has at least 1 parking space in the garage assigned as a limited common element of the unit. Some units may have additional parking spaces in the garage or on the surface lot assigned as limited common elements. As a limited common element, tie parking space consists of a surface use and air space, and does not include any part of the construction of the garage.
4.3.
SUBSEQUENT ALLOCATION OF LIMITED COMMON ELEMENTS. A common element not allocated by this Declaration as a limited common element may be so allocated only pursuant to the provisions of this Article. Declarant reserves the right, under Appendix B of this Declaration, to subsequently allocate unassigned parking spaces as limited common elements. If a park space is so allocated, it may be assigned to a particular unit by amendment to this Declaration. On termination of the Development Rights period, the right to assign parking spaces passes from Declarant to the board and Declarant may not thereafter exercise the right. Parking spaces that have not been allocated by Declarant at the termination of the Development Rights period may be allocated as limited common elements by the Association, requiring amendment of the Declaration; or may be assigned by the board, from time to time, to different units; or may be
Rights period may be allocated as limited common elements by the Association, requiring amendment of the Declaration; or may be assigned by the board, from time to time, to different units; or may be limited by Rule to use by visitors only. Owners may reallocate limited common element parking spaces among themselves, provided every unit has at least one parking space allocated to the unit as a limited common element.
4.4 REALLOCATION OF LIMITED COMMON ELEMENTS, A limited common element may not be reallocated, except by amendment. An amendment of reallocation requires the approval of all owners and mortgages of units whose interest are to be allocated or reallocated. The parties executing the amendment will provide an executed copy of the amendment to the Association, which will record it, provided that the Z CLLIXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale-Condominium Information Statement Exhibit ADeclaration dos Page 12 of 48 amendment complies with the provisions of this Declaration and the Act. The amendment must contain words of conveyance and must be recorded and indexed in the names of the parties and the Property. The amendment will specify to which unit or units the limited common element is allocated. The parties executing the amendment are responsible for the preparation of the amendment and will reimburse the Association for its reasonable attorneys' fees in connection with review and recording of the amendment. In reallocating assigned parking spaces, at all times a units must have at least 1 parking space assigned as a limited common element.
4.5.
ALLOCATION OF INTERESTS. The table showing the identifying number and allocated interests of each unit is attached as Appendix C. The interests allocated to each unit are calculated by the following
.
ALLOCATION OF INTERESTS. The table showing the identifying number and allocated interests of each unit is attached as Appendix C. The interests allocated to each unit are calculated by the following formulas.
4.5.1.
Common Element Interests. The percentage of undivided interest in the common elements allocated to cach unit is based on estimated square footage of architectural drawings for each plan type, compared to the total estimated square footage for all units (by plan type) in the Property. Percentages may be rounded up or down to facilitate the calculations. Also, units of the same plan type may have allocations that differ slightly to facilitate the calculation of 100 percent.
4.5.2.
Common Expense Liabilities. The percentage of liability for common expenses allocated to each unit is based on the same formula for common element interests.
4.5.3.
Votes. Each unit has one vote, the weight of which is uniform or equal for all units, regardless of the other allocations appurtenant to the unit.
5.1.
ARTICLE 5 COVENANT FOR ASSESSMENTS PURPOSE OF ASSESSMENTS. The Association will use assessments for the general purposes of preserving and enhancing the Property, and for the common benefit of owners and residents, including but not limited to maintenance of real and personal property, management and operation of the Association, and any expense reasonably related to the purposes for which the Property was developed. If made in good faith, the board's decision with respect to the use of assessments is final.
5.2.
PERSONAL OBLIGATION. An owner is obligated to pay assessments levied by the board against the owner or his unit. Payments are made to the Association at its principal office or at any other place the board
NAL OBLIGATION. An owner is obligated to pay assessments levied by the board against the owner or his unit. Payments are made to the Association at its principal office or at any other place the board directs. Payments must be made in full regardless of whether an owner has a dispute with the Association, another owner, or any other person or entity regarding any matter to which this Declaration pertains. No owner may exempt himself from his assessment liability by waiver of the use or enjoyment of the common elements or by the abandonment of his unit. An owner's obligation is not subject to offset by the owner, nor is it contingent on the Association's performance of the Association's duties. Payment of assessments is both a continuing affirmative covenant personal to the owner and a continuing covenant running with the unit.
IF YOU OWN A HOME AT 3321 ROSEDALE CONDOMINIUMS, YOU MUST PAY ASSESSMENTS TO THE ASSOCIATION 5.3. CONTROL FOR ASSESSMENT INCREASES. This Section of the Declaration may not be amended without the approval of owners representing at least 67 percent of the votes in the Association. In addition to other rights granted to owners by this Declaration, owners have the following powers and controls over the Association's budget. At least 30 days prior to the effective date of a special assessment or increase in regular assessments, the board will notify an owner of each unit of the amount of, the budgetary basis for, and the Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001-3321 Rosedale- Condominium Information Statement Exhibit A.
Declaration dox Page 13 of 4K 2004 112 13202 56 effective date of the special assessment or increase. The special assessment or increase will automatically
Condominium Information Statement Exhibit A.
Declaration dox Page 13 of 4K 2004 112 13202 56 effective date of the special assessment or increase. The special assessment or increase will automatically become effective unless owners representing at least a majority of the votes in Association disapprove the special assessment or increase by petition or at a meeting of the Association. In that event, the last-approved budget will continue in effect until a revised budget is approved by the Board.
TYPES OF ASSESSMENTS. There are 4 types of Assessments: Regular, Special, Individual, and 5.4.
Deficiency.
5.5.
5.5.1.
REGULAR ASSESSMENTS.
Purpose of Regular Assessments. Regular assessments are used for common expenses related to the reoccurring, periodic, and anticipated responsibilities of the Association, including but not limited to: a.
Maintenance, repair, and replacement, as necessary, of the common elements, and improvements, equipment, signage, and property owned by the Association.
2004 112 13203 b.
Utilities billed to the Association.
C.
Services billed to the Association and serving all units.
d.
C.
f.
Taxes on property owned by the Association and the Association's income taxes.
Management, legal, accounting, auditing, and professional fees for services to the Association.
Costs of operating the Association, such as telephone, postage, office supplies, printing, meeting expenses, and educational opportunities of benefit to the Association.
g. Insurance premiums and deductibles.
5.5.2 h.
i.
Contributions to the reserve funds.
Any other expense which the Association is required by law or the Documents to pay, or which in the opinion of the board is necessary or proper for the operation and maintenance of the Property or for enforcement of the Documents.
sociation is required by law or the Documents to pay, or which in the opinion of the board is necessary or proper for the operation and maintenance of the Property or for enforcement of the Documents.
Annual Budget. The board will prepare and approve an estimated annual budget for each fiscal year.
The budget will take into account the estimated income and common expenses for the year, contributions to reserve funds, and a projection for uncollected receivables. The board will make the budget or its summary available to an owner of each unit, although failure to receive a budget or summary does not affect an owner's liability for assessments. The board will provide copies of the detailed budget to owners who make written request and pay a reasonable copy charge.
5.5.3 Basis of Regular Assessments. Regular assessments will be based on the annual budget, minus estimated income from sources other than regular assessments. Each unit will be liable for its allocated share of the annual budget. If the board does not approve an annual budget or fails to determine new regular assessments for any year, or delays in doing so, owners will continue to pay the regular assessment as last determined.
5.5.4.
Supplemental Increases. If during the course of a year the board determines that regular assessments are insufficient to cover the estimated common expenses for the remainder of the year, the board may increase regular assessments for the remainder of the fiscal year in an amount that covers the estimated deficiency, 5.6.
Special Assessments. In addition to regular assessments, and subject to the owner's control for assessment increases, the board may levy one or more special assessments against all units for the
5.6.
Special Assessments. In addition to regular assessments, and subject to the owner's control for assessment increases, the board may levy one or more special assessments against all units for the purpose of defraying, in whole or in part, common expenses not anticipated by the annual budget or reserve 7 CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale- Condkninum Information Statement Exhibit ADeclaration doc Page 14 of 4k 57 funds; Special assessments do not require the approval of the owners, except that special assessments for the following purposes must be approved by at least a majority of the votes in the Association: (1) acquisition of real property, (2) construction of additional improvements to the Property--not repair or replacement of existing improvements, and (3) any expenditure that may reasonably be expected to significantly increase the Association's responsibility and financial obligation for operations, insurance, maintenance, repairs, or replacement.
5.7.
INDIVIDUAL ASSESSMENTS. In addition to regular and special assessments, the board may levy an individual assessment against a unit and its owner. Individual assessments may include, but are not limited to: interest, late charges, and collection costs on delinquent assessments; reimbursement for costs incurred in bringing an owner or his unit into compliance with the Documents; fines for violations of the Documents; transfer-related fees and resale certificate fees; fees for estoppel letters and project documents; insurance deductibles; submetered utilities serving the unit; reimbursement for damage or waste caused by willful or negligent acts; common expenses that benefit fewer than all of the units, which may be assessed according to
bmetered utilities serving the unit; reimbursement for damage or waste caused by willful or negligent acts; common expenses that benefit fewer than all of the units, which may be assessed according to the benefit received; fees or charges levied against the Association on a per-unit bases; and "pass through" expenses for services to units provided thought the Association and which are equitably paid by cach unit according to benefit received.
5.8.
DEFICIENCY ASSESSMENTS. The board may levy & Deficiency Assessment against all units for the purpose of defraying, in whole or in part, the cost of repair or restoration if insurance proceeds or condemnation awards prove insufficient.
5.9.
DUE DATE. Regular assessments are due on the first calendar day of each month, and are delinquent if not received by the Association on or before the first day of the month. Special and individual assessments are due on the date stated in the notice of assessment or, if no date is stated, within 10 days after notice of the special or individual assessment is given.
5.10.
RESERVE FUNDS. The Association will establish, maintain, and accumulate reserves for operations and for replacement and repair. The Association will budget for reserves and may fund reserves out of regular assessments.
5.10.1. Operations Reserves. The Association may maintain operations reserves at a level determined by the Board to be sufficient to cover the cost of operational or maintenance emergencies or contingencies, including deductibles on insurance policies maintained by the Association.
5.10.2. Replacement & Repair Reserves. The Association will maintain replacement and repair reserves at a level that anticipates the scheduled replacement or major repair of components of the common elements.
Replacement & Repair Reserves. The Association will maintain replacement and repair reserves at a level that anticipates the scheduled replacement or major repair of components of the common elements.
5.11. ASSOCIATION'S RIGHT TO BORROW MONEY. The Association is granted the right to borrow money, subject to the consent of owners representing at least a majority of the votes in the Association and the ability of the Association to repay the borrowed funds from assessments. To assist its ability to borrow, the Association is granted the right to encumber, mortgage, pledge or deed in trust any of its real or personal property, and the right to assign its right to future income, as security for money borrowed or debts incurred, provided that the rights of the lender in the pledged property are subordinate and inferior to the rights of the owners hereunder.
5.12.
TRANSFER-RELATED FEES. A number of independent fees may be charged in relation to the transfer of title to a unit, including but not limited to fees for resale certificates, estoppel certificates, copies of the Documents compliance inspections, ownership record changes, and priority processing, provided the fees are customary in amount, kind, and number for the local marketplace. Transfer-related fees are not refundable and may not apply to the following transfers unless a party to the transfer requests the corresponding documentation: (1) foreclosure of a deed of trust lien, tax lien, or the Association's assessment lien; (2) transfer to, from, or by the Association; (3) voluntary transfer by an owner to one or more co-owners, or to the owner's spouse, child, or parent. Transfer-related fees may be charged by the Association or by the Association's
he Association; (3) voluntary transfer by an owner to one or more co-owners, or to the owner's spouse, child, or parent. Transfer-related fees may be charged by the Association or by the Association's managing agent, provided there is no duplication of fees. Transfer-related fees charged by or paid to a managing agent must have the prior written approval of the Association, are not subject to the Association's assessment Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale Condominium Information Statement Exhibit A.
Declaration doc Page 15 of 48 2004 112 13204 58 lien, and are not payable by the Association. This Section does not obligate the board or the managing agent to levy transfer-related fees.
5.13. LIMITATIONS OF INTEREST. The Association, and its officers, directors, managers, and allomeys, intend to conform strictly to the applicable usury laws of the State of Texas. Notwithstanding anything to the contrary in the Documents or any other document or agreement executed or made in connection with the Association's collection of assessments, the Association will not in any event be entitled to receive or collect, as interest, a sum greater than the maximum amount permitted by applicable law. If from any circumstances whatsoever, the Association ever receives, collects, or applies as interest a sum in excess of the maximum rale permitted by law, the excess amount will be applied to the reduction of unpaid special and regular assessments, or reimbursed to the owner if those assessments are paid in full.
「の 59 6.1.
ARTICLE 6 ASSESSMENT LIEN ASSESSMENT LIEN. Each owner, by accepting an interest in or title to a unit, whether or not it is so expressed in the instrument of conveyance, covenants and agrees to pay assessments to the Association. Each
NT LIEN. Each owner, by accepting an interest in or title to a unit, whether or not it is so expressed in the instrument of conveyance, covenants and agrees to pay assessments to the Association. Each assessment is a charge on the unit and is secured by a continuing lien on the unit. Each owner, and each prospective owner, is placed on notice that his title may be subject to the continuing lien for assessment attributable to a period prior to the date he purchased his unit.
6.2.
Yes, the HOA can foreclose!
If you fail to pay Assessments to the Association, you may lose title to your home if the Association forecloses its Assessment lien against your unit.
SUPERIORITY OF ASSESSMENT LIEN. The assessment lien is superior to all other liens and encumbrances on a unit, except only for (1) real property taxes and assessments levied by governmental and taxing authorities, (2) a deed of trust or vendor's lien recorded before this Declaration, (3) a recorded deed of trust lien securing a loan for construction of the original unit, and (4) a first or senior purchase money vendor's lien or deed of trust lien recorded before the date on which the delinquent assessment became due. The assessment lien is superior to a lien for construction of improvements to the unit, regardless of when recorded or perfected. It is also superior to any recorded assignment of the right to insurance proceeds on the unit, unless the assignment is part of a superior deed of trust lien. The Assessment lien is subordinate and inferior to a recorded deed of trust lien that secures a first or senior purchase money mortgage.
6.3.
EFFECT OF MORTGAGEE'S FORECLOSURE. Foreclosure of a superior lien extinguishes the
ubordinate and inferior to a recorded deed of trust lien that secures a first or senior purchase money mortgage.
6.3.
EFFECT OF MORTGAGEE'S FORECLOSURE. Foreclosure of a superior lien extinguishes the Association's claim against the unit for unpaid assessments that became due before the sale, but does not extinguish the Association's claim against the former owner. The purchaser at the foreclosure sale of a superior lien is liable for assessments coming due from and after the date of the sale, and for the owner's pro rata share of the pre-foreclosure deficiency as a common expense.
6.4.
NOTICE AND RELEASE OF NOTICE. The Association's lien for assessments is created by recordation of this Declaration, which constitutes record notice and perfection of the lien. No other recordation of a lien or notice of lien is required. However, the Association, at its option, may cause a notice of the lien to be recorded in the county's Real Property Records. If the debt is cured after a notice has been recorded, the Association will record a relcase of the notice at the expense of the curing owner. The Association may require reimbursement of its costs of preparing and recording the notice before granting the release.
6.5. POWER OF SALE. By accepting an interest in or title to a unit, each owner grants to the Association a private power of nonjudicial sale in connection with the Association's assessment lien. The board may appoint, from time to time, any person, including an officer, agent, trustec, substitute trustee, or attorney, to exercise the Association's lien rights on behalf of the Association, including the power of sale. The appointment must be in writing and may be in the form of a resolution recorded in the minutes of a board meeting.
sociation's lien rights on behalf of the Association, including the power of sale. The appointment must be in writing and may be in the form of a resolution recorded in the minutes of a board meeting.
Z CULTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale Condominium Information Statement Exhibit ADeclaration doc Page 16 of Ax 2004 112 13205 6.6.
FORECLOSURE OF LIEN. The assessment lien may be enforced by judicial or nonjudicial foreclosure. A nonjudicial foreclosure must be conducted in accordance with the provisions applicable to the exercise of powers of sale as set forth in Section 51.002 of the Texas Property Code, or in any manner permitted by law. In any foreclosure, the owner is required to pay the Association's costs and expenses for the proceedings, including reasonable attorneys' fees. The Association has the power to bid on the unit at foreclosure sale and to acquire, hold, lease, mortgage, and convey same.
ARTICLE 7 EFECT OF NONPAYMENT OF ASSESSMENTS An assessment is delinquent if the Association does not receive payment in full by the assessment's due date.
The Association, acting through the board, is responsible for taking action to collect delinquent assessments.
From time to time, the Association may delegate some or all of the collection procedures and remedies, as the board in its sole discretion deems appropriate, to the Association's manager, an attorney, or a debt collector.
Neither the board nor the Association, however, is liable to an owner or other person for its failure or inability to collect or attempt to collect an assessment. The following remedies are in addition to and not in substitution for all other rights and remedies that the Association has.
r its failure or inability to collect or attempt to collect an assessment. The following remedies are in addition to and not in substitution for all other rights and remedies that the Association has.
7.1. INTEREST. Delinquent assessments are subject to interest from the due date until paid, at a rate to be determined by the board from time to time, not to exceed the lesser of 18 percent per annum or the maximum permitted by law. If the board fails to establish a rate, the rate is 10 percent per annum.
7.2.
LATE FEES. Delinquent assessments are subject to reasonable late fees, at a rate to be determined by the board from time to time.
7.3.
COLLECTION EXPENSES. The owner of a unit against which assessments are delinquent is liable to the Association for reimbursement of reasonable costs incurred by the Association to collect the delinquent assessments, including attorneys' fees and processing fees charged by the manager.
7.4 ACCELERATION. If an owner defaults in paying an assessment that is payable in installments, the Association may accelerate the remaining installments on 10 days' written notice to the defaulting owner. The entire unpaid balance of the assessment becomes due on the date stated in the notice.
7.5.
SUSPENSION OF USE AND VOTE. If an owner's account has been delinquent for at least 30 days.
the Association may suspend the right of the owner and the residents of the owner's unit to use common clements and common services during the period of delinquency. Services include master-metered or submetered utilities serving the unit. The Association may not suspend an owner or resident's right of access to the unit. The Association may also suspend the right to vote appurtenant to the unit during the period of
es serving the unit. The Association may not suspend an owner or resident's right of access to the unit. The Association may also suspend the right to vote appurtenant to the unit during the period of delinquency, Suspension does not constitute a waiver or discharge of the owner's to pay assessments.
7.6 COLLECTION OF RENT. If a unit for which assessments are delinquent is occupied by a tenant who is obligated to pay rent to the owner, the Association may require that unit rents be used to pay the unit's delinquent assessments and may demand that the unit tenant deliver unit rent to the Association until the unit's delinquency is cured.
7.6.
MONEY JUDGMENT. The Association may file suit seeking a money judgment against an owner delinquent in the payment of assessments, without foreclosing or waiving the Association lien for assessments.
7.8.
NOTICE TO MORTGAGEE. The association may notify and communicate with any holder of a lien against a unit regarding the owner's default in payment of assessments.
7.9. APPLICATION OF PAYMENTS. The Association may adopt and amend policies regarding the application of payments. After the Association notifies the owner of a delinquency, any payment received by Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale-Conkminium Information Statement Exhibit ADeclaration do Page 17 of 4N 2004 112 13206 60 the Association may be applied in the following order: individual assessments, special assessments, and (lastly) regular assessments. The Association may refuse to accept partial payment, i.c., less than the full amount due and payable. The Association may also refuse to accept payments to which the payer attaches conditions or
nts. The Association may refuse to accept partial payment, i.c., less than the full amount due and payable. The Association may also refuse to accept payments to which the payer attaches conditions or directions contrary to the Association's policy for applying payments. The Association's policy may provide that endorsement and deposit of a payment does not constitute acceptance by the Association, and that acceptance occurs when the Association posts the payment to the unit's account.
8.1.
ARTICLE 8 MAINTENANCE AND REPAIR OBLIGATIONS ASSOCIATION MAINTAINS. The Association's maintenance obligations will be discharged when and how the board deems appropriate. The Association maintains, repairs, and replaces, as a common expense, all general and limited common elements of the Property.
8.2.
OWNER RESPONSIBILITY. Every owner has the following responsibilities and obligations for the maintenance, repair, and replacement of the Property.
2004 12 13207 a.
To maintain, repair, and replace his unit and its components.
b.
To keep the limited common elements appurtenant to his unit in a neat, clean, odorless, orderly, and attractive condition.
C. To maintain, repair, and replace all portions of the Property for which he is responsible under this Declaration or by agreement with the Association.
d. To not do any work or to fail to do any work which, in the reasonable opinion of the board, would materially jeopardize the soundness and safety of the Property, reduce the value thereof, or impair any casement or real property right thereto.
C. To be responsible for his own willful or negligent acts and those of his or the resident's family, guests, agents, employees, or contractors when those acts necessitate maintenance, repair, or replacement of
esponsible for his own willful or negligent acts and those of his or the resident's family, guests, agents, employees, or contractors when those acts necessitate maintenance, repair, or replacement of common elements or the property of another owner.
8.3. SHEETROCK. Notwithstanding anything to the contrary in the Documents, the Association is not responsible for the repair and replacement of sheetrock in any unit, or for any surface treatments on the sheetrock, regardless of the source of damage and the availability of insurance. This provision is provided for the benefit of the Association and is warranted by the difficulty of scheduling interior sheetrock work and the possibility that the owner may not be satisfied with the quality or appearance of spot repairs. If the Association receives insurance proceeds for sheetrock damage to a unit and chooses to not perform the repairs, the owner of the damaged unit is entitled to the proceeds in exchange for identification of the damage and a release from future claims for the same damage.
8.4.
BALCONIES & DECKS. Except for routine cleaning, which is the owner's responsibility, the Association is responsible for the maintenance, repair, and replacement of patios, balconies, and decks that are part of a unit. If the outside components of the unit are most easily accessed through the unit, the owner will cooperate in providing access to the outside components for the Association's agents and contractors. If requested by the Association, the owner will remove all personal property from the outside components of his unit to facilitate the required maintenance, repair, or replacement. The owner is liable to the Association for any
tion, the owner will remove all personal property from the outside components of his unit to facilitate the required maintenance, repair, or replacement. The owner is liable to the Association for any additional expense incurred by the Association due to an owner's failure or refusal to cooperate with reasonable requests for access or removal. This Section may not be construed to prevent an owner at the owner's sole expense, without right of reimbursement from the Association, from maintaining, repairing, and replacing components of his unit's patio, balcony, or deck, subject to the Association's architectural control.
8.5.
WARRANTY CLAIMS. If the owner is the beneficiary of a warranty against major structural defects of the common elements, the owner irrevocably appoints the Association, acting through the board, as his 2 CLITXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001021 Rosedale Condominium Information Statement Exhibit ADeclaration doc Page 18 of 4x 61 attomey-in-fact to file, negotiate, receive, administer, and distribute the proceeds of any claim against the warranty that pertains to common elements.
8.6.
OWNER'S DEFAULT IN MAINTENANCE. If the board determines that an owner has failed to properly discharge his obligation to maintain, repair, and replace items for which the owner is responsible, the board may give the owner written notice of the Association's intent to provide the necessary maintenance at owner's expense. The notice must state, with responsible particularity, the maintenance deemed necessary and a reasonable period of time in which to complete the work. If the owner fails or refuses to timely perform the maintenance, the Association may do so at owner's expense, which is an individual assessment against the
riod of time in which to complete the work. If the owner fails or refuses to timely perform the maintenance, the Association may do so at owner's expense, which is an individual assessment against the owner and his unit. In case of an emergency, however, the board's responsibility to give the owner written notice may be waived and the board may take any action it deems necessary to protect persons or property, the cost of the action being the owner's expense.
ARTICLE 9 ARCHITECTURAL COVENANTS AND CONTROL 9.1. PURPOSE. Because the units are part of a single, unified community, the Association has the right to regulate the exterior design, use, and appearance of the units and common elements in order to preserve and enhance the Property's value and architectural harmony. One purpose of this Article is to promote and ensure the level of taste, design, quality, and harmony by which the Property is developed and maintained. Another purpose is to prevent improvements and modifications that may be widely considered to be racial, curious, odd, bizarre, or peculiar in comparison to then existing improvements.
9.2 ARCHITECTURAL CONTROL COMMITTEE. The ACC consists of 3 persons appointed by Declarant during the Development Period. After the Development Period, the ASS consists of 3 persons appointed by the board, pursuant to the bylaws, or, at the board's options, the board may act as the ACC. If the board acts as the ACC, all references in the Documents to the ACC are construed to mean the board. Members of the ACC need not be owners or residents.
9.3.
LIMITS ON LIABILTY. The ACC has sole discretion with respect to taste, design, and all standards specified in this Anicle. The members of the ACC have no liability for the ACC's decisions made in good faith,
ON LIABILTY. The ACC has sole discretion with respect to taste, design, and all standards specified in this Anicle. The members of the ACC have no liability for the ACC's decisions made in good faith, and which are not arbitrary or capricious. The ACC is not responsible for: (1) errors in or omissions from the plans and specifications submitted to the ACC, (2) supervising construction for the owner's compliance with approved plans and specifications, or (3) the compliance of the owner's plans and specifications with city codes and ordinances, State and federal laws.
BEFORE MAKING ANY IMPROVEMENT OR ALTERATION TO ANY PART OF THE PROPERTY, A BUILDER OR OWNER MUST APPLY FOR THE ACC'S PRIOR WRITTEN APPROVAL.
9.4.
PROHIBITION OF CONSTRUCTION, ALTERATION & IMPROVEMENT. Without the ACC's prior written approval, a person may not commence or continue any construction, alteration, addition, improvement, installation, modification, redecoration, or reconstruction of or to the Property. The ACC has the right but not the duty to evaluate every aspect of construction and property use that may adversely affect the general value or appearance of the Property.
9.5.
ACC APPROVAL. To request ACC approval, an owner must make written application and submil 2 identical sets of plans and specifications showing the nature, kind, shape, color, size, materials, and locations of the work to be performed. The application must clearly identify any requirement of this Declaration for which a vanance is sought. The ACC will return one set of plans and specification to the applicant marked with the ALL's response, such as "Approved." "Denied," or "Submit Additional Information." The ACC will remain the
ought. The ACC will return one set of plans and specification to the applicant marked with the ALL's response, such as "Approved." "Denied," or "Submit Additional Information." The ACC will remain the other set of plans and specifications, together with the application. for the Association's files. Verbal approval Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 1321 Rosedale-Condominium Information Statement Exhibit ADeclaration du Page 19 of 48 2004112 13208 by an Association director or officer, a member of the ACC, or the Association's manager does not constitule ACC approval, which must be in writing. ACC approval of a modification or improvement may not be deemed to constitute a waiver of the ACC's right to withhold approval of similar proposals, plans, or specifications that are subsequently submitted.
9.5.1. Deemed Approval. If the ACC fails to respond in writing --negatively, affirmatively, or requesting information within 60 days after the ACC's actual receipt of the owner's application, the owner may submit a second request for processing of its original application. If the board fails to respond within 45 days after the board's actual receipt of the owner's second request, the owner's application is deemed approved. The owner may then proceed with the improvement, provided he adheres to the plans and specifications which accompanied his application, and provided he initiated and completes the improvement in a timely manner. In exercising deemed approval, the burden is on the owner to document the board's actual receipt of the owner's initial application and second request.
9.5.2.
Building Permit. If the application is for work that requires a building permit from the city, the owner
cument the board's actual receipt of the owner's initial application and second request.
9.5.2.
Building Permit. If the application is for work that requires a building permit from the city, the owner must obtain the appropriate permit. The ACC's approval of plans and specifications does not mean that they comply with the city's requirements. Alternatively, approval by the city does not ensure ACC approval.
9.5.3.
No Approval Required. No approval is required to rebuild a unit in accordance with originally approved plans and specifications. Nor is approval required for an owner to remodel or repaint the interior of the unit, provided the work does not impair the structural soundness of the building.
9.5.4.
Declarant Approved. Not withstanding anything to the contrary in this Declaration, any improvement to the Property made by Declarant during the Development Period is deemed to have been approved by the ACC 9.6.
PROHIBITED ACTS. The types of acts that may not be commenced without the ACC's prior written approval include, but are not limited to the following: a.
Enclosure of balconies or modification of balcony railings.
2004 12 13209 b.
Replacement of windows or doors in a unit.
c.
Installation of omamental iron, burglar bars, storm windows, or storm doors.
d.
Installation of equipment that may create noise annoyance, such as noise-producing security devices and water pumps.
C.
Installation of a receiving or transmitting tower, exterior lighting, storage shed, chimney, or skylight.
f. Installation of a sprinkler, mist, or other water-based system.
ARTICLE 10 USE RESTRICTIONS VARIANCE. The use of the Property is subject to the restrictions contained in this Article, and subject
.
f. Installation of a sprinkler, mist, or other water-based system.
ARTICLE 10 USE RESTRICTIONS VARIANCE. The use of the Property is subject to the restrictions contained in this Article, and subject to Rules adopted pursuant to this Article. The board or the ACC, as the case may be, may grant a variance or waiver of a restriction or Rule on a case-by-case basis when unique circumstances dictate, and may limit or condition its grant. To be effective, a variance must be in writing. The grant of a variance does not affect a waiver or estoppel of the Association's right to deny a variance in other circumstances.
10.1 Z CLI.TXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale- Condominium Information Statement Exhibit A.
Declaration do Page 26 of dk 63 10.2 ASSOCIATION'S RIGHT TO PROMULGATE RULES. The Association, acting through the board, is granted the right to adopt, amend, repeal, and enforce reasonable Rules, and penalties for infractions thereof, regarding the occupancy, use, disposition, maintenance, and enjoyment of the Property.
10.3 RULES AND REGULATIONS. In addition to the restrictions contained in this Article, each unit is owned and occupied subject to the right of the board to establish Rules, and penalties for infractions thereof.
governing: 10.4 10.5 10.6 10.7 Hazardous, illegal, or annoying materials or activities on the Property.
The use of Property-wide services provided through the Association.
The consumption of utilities billed to the Association.
The use, maintenance, and appearance of anything visible from the street, common elements, or other units, a.
Use of common elements.
b.
C.
d.
e.
f.
g.
Animals.
h.
Vehicles.
i.
j.
The occupancy and leasing of units.
Disposition of trash and control of vermin, termites, and pests.
elements, or other units, a.
Use of common elements.
b.
C.
d.
e.
f.
g.
Animals.
h.
Vehicles.
i.
j.
The occupancy and leasing of units.
Disposition of trash and control of vermin, termites, and pests.
Anything that interferes with maintenance of the Property, operation of the Association, administration of the Documents, or the quality of life for residents.
AGES OF RESIDENTS. No person under the age of 18 years may occupy a unit unless he lives with a resident who is his spouse, parent, legal guardian, or a designce of his parent or legal guardian. Upon request by the Association, an owner must provide satisfactory proof of the ages and relationships of the occupants of his unit.
ANIMALS. No animal, bird. fish, reptile, or insect of any kind may be kept, maintained, raised, or bred anywhere on the Property for food or for any commercial purpose. Customary domesticated household pets may be kept subject to the Rules. The board may adopt, amend, and repeal Rules regulating the types, sizes, numbers, locations, and behavior of animals at the Property. If the Rules fail to establish animal occupancy quotas, no more than 2 dogs, or 2 cats, or one dog and once cat, may be maintained in each unit. Permission to maintain other types or additional numbers of household pets must be obtained in writing from the board. The board may require or effect the removal of any animal determined to be in violation of the Rules.
ANNOYANCE. No unit or limited common element may be used in any way that: (1) may reasonably be considered annoying to the neighbors: (2) may be calculated to reduce the desirability of the Property as a residential neighborhood; (3) may endanger the health or safety of residents; (4) may
bly be considered annoying to the neighbors: (2) may be calculated to reduce the desirability of the Property as a residential neighborhood; (3) may endanger the health or safety of residents; (4) may result in the cancellation of insurance on any portion of the Property, or (5) will violate any law. The board has the sole authority to determine what constitutes as annoyance.
APPEARANCE Both the exterior and interior of the units must be maintained in a manner so as not to be unsightly when viewed from the street, common elements, or neighboring units. The board will be the arbitrator of acceptable appearance standards.
Yes, there are a lot of Rules!
EVERY RESIDENT OF 3321 ROSEDALE CONDOMINIUMS IS EXPECTED TO COMPLY WITH THESE RULES AND WITH RULES ADOPTED BY THE BOARD OF DIRECTORS.
10.8 DRAINAGE. No person may interfere with the established drainage pattern over any part of the Property unless adequate alternative provision for proper drainage has been approved by the board.
Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale Condominium Information Statement Exhibit A Declaration do Page 21 of 4x 2004 112 13210 64 65 10.9 10.10 10.11 10.12 DRIVEWAYS. Sidewalks, driveways, hallways, stairway, elevators, and other passageways may not be used for any purpose that interferes with their ongoing use as routes of vehicular or pedestrian access.
LANDSCAPING. No person may perform landscaping, planting, or gardening anywhere upon the Property without the board's prior written authorization.
NOISE & ODOR. A resident must exercise reasonable care to avoid making or permitting to be made loud, disturbing, or objectionable noises or noxious odors that are likely to disturb or annoy residents
NOISE & ODOR. A resident must exercise reasonable care to avoid making or permitting to be made loud, disturbing, or objectionable noises or noxious odors that are likely to disturb or annoy residents of neighboring units. The Rules may prohibit the use of noise-producing security devices and wind chimes.
OCCUPANCY. The board may adopt Rules regarding the occupancy of units. If the Rules fail to establish occupancy standards, no more than 2 persons per bedroom may occupy a unit, subject to the exception for familial status. The Association's occupancy standard for residents who qualify for familial status protection under the fair housing laws may not be more restrictive than the minimum (i.e., the fewest people per unit) permitted by the U. S. Department of Housing and Urban Development. A person may not occupy a unit if the person constitutes a direct threat to the health and safety of other persons, or if the person's occupancy would result in substantial physical damage to the property of others.
10.13. RESIDENTIAL USE. The use of a unit is limited exclusively to residential purposes or any other use permitted by this Declaration. This residential restriction does not, however, prohibit a resident from using the unit for personal business or professional pursuits provided that: (1) the uses are incidental to the use of the unit as a dwelling, (2) the uses conform to applicable governmental ordinances, (3) there is no external evidence of the uses, (4) the uses do not entail visits to the unit by employees or the public, and (5) the uses do not interfere with residents' use and enjoyment of neighboring units.
10.14. SIGN RESTRICTIONS. No signs, including signs advertising the units for sale or lease, or unsightly
lic, and (5) the uses do not interfere with residents' use and enjoyment of neighboring units.
10.14. SIGN RESTRICTIONS. No signs, including signs advertising the units for sale or lease, or unsightly objects may be erected, placed, or permitted to remain on the Property or to be visible from windows in the units or from balconies without written authorization of the board. The board's authorization may specify the location, nature, dimensions, number, and time period of any advertising sign.
10.15. SPECIFIC USES. Except for ingress and egress, hallways, stairways, elevators, sidewalks, and driveways on the Property may not be used for any purpose that has not been authorized in writing by the board.
10.16. STRUCTURAL INTEGRITY. No person may directly or indirectly impair the structural soundness or integrity of a building or another unit, nor do any work that will impair an easement or real property right.
install 10.17. TELEVISION. Each resident of the Property will avoid doing or permitting anything to be done that may unreasonably interfere with the television, radio, telephonic, electronic, microwave, cable, or satellite reception on the Property. Without the prior written consent of the ACC, no person may an antenna, microwave or satellite dish, receiving or transmitting tower on the common elements or the exterior of buildings if it would be visible from a street or alley. Notwithstanding the foregoing and to the extent required by public law, the following items (hereafter "Antenna/Dish") may be installed subject to this Section: (1) reception-only TV antennas, (2) direct broadcast satellites (DBS) that are one meter or less in diameter, and (3) multipoint distribution service (MDS) antennas that are onc meter or less in diameter.
reception-only TV antennas, (2) direct broadcast satellites (DBS) that are one meter or less in diameter, and (3) multipoint distribution service (MDS) antennas that are onc meter or less in diameter.
10.17.1. Definitions. As used in this Section "Antenna/Dish Unit" means the unit served by a satellite dish or antenna, or the unit that is obviously intended to be served by a satellite dish or antenna, regardless of whether the service is operational. "Antenna/Dish Owner" means the owner of a unit served by a satellite dish or antenna, regardless of whether the unit owner purchases, uses, or has actual knowledge of the satellite dish or antenna.
7. CI.LTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001-3321 Rosedale Condominium Information Statement Exhibit ADeclaration.doc Page 22 of 48 2004 112 13211 10.17.2. Location. Without the prior written approval of the Association, an Antenna Dish may not be placed on the roof or on any exterior surface of the building; provided, however, an Antenna/Dish may be placed or installed on the balcony portion of a unit provided the Antenna/Dish is not visible from a street or alley, and is not attached to the top of exterior surface of a balcony wall or railing.
10.17.3. Owner Responsibility. The installation of an Antenna/Dish on common elements automatically subjects the Antenna/Dish Unit and its owner to this Section, regardless of who installs the Antenna/Dish and regardless of whether the Antenna/Dish Owner has actual notice of the installation.
The Antenna/Dish Owner is solely responsible for (1) the cost of maintaining, repairing, replacing, and removing, as necessary, the Antenna/Dish, and (2) the cost of repairing common elements if such
The Antenna/Dish Owner is solely responsible for (1) the cost of maintaining, repairing, replacing, and removing, as necessary, the Antenna/Dish, and (2) the cost of repairing common elements if such repairs are necessitated by the Antenna/Dish or its installation, maintenance, repair, or replacement, irrespective of whether the repairs are undertaken by the Antenna/Dish Owner or the Association. If required by the Association, the Antenna/Dish Owner will remove the Antenna/Dish, as necessary, to permit the Association to maintain, repair, or replace common elements as the Association, in its sole discretion, deems necessary or desirable.
10.17.4. Association Controls. To the extent permitted by public law, the Association may adopt and amend reasonable standards for the color, appearance, location, method of installation, maintenance, camouflaging, screening, and use of Antenna/Dishes. The location and installation of an Antenna/Dish on the common clements must have the prior written approval of the Association, unless the location and installation comply with the most current standards that have been adopted and published by the Association.
10.17.5. Interference. An Antenna/Dish or the use of an Antenna/Dish may not interfere with satellite or broadcast reception to other units or the common elements, or otherwise be a nuisance to residents of other units or to the Association. The board of directors may determine what constitutes a nuisance to the Association.
10.17.6. Risk. An Antenna/Dish on the common elements exists at the sole risk of the owner and/or occupant of the Antenna Dish Unit. The Association does not insure the Antenna/Dish and is not liable to the Antenna/Dish Owner or any other person for any loss or damage to the Antenna/Dish from any cause.
nt of the Antenna Dish Unit. The Association does not insure the Antenna/Dish and is not liable to the Antenna/Dish Owner or any other person for any loss or damage to the Antenna/Dish from any cause.
The Antenna/Dish Owner will defend and indemnify the Association, its directors, officers, and members, individually and collectively, against losses due to any and all claims for damages or lawsuits, by anyone, arising from his Antenna/Dish.
10.18.
VEHICLE RESTRICTIONS. All vehicles on the Property, whether owned or operated by the residents or their families and guests, are subject to this Section and any rules regulating the types, sizes, numbers, conditions, uses, appearances, and locations of vehicles on the Property. The board may prohibit any vehicle that the board deems to be a nuisance, unsightly, or inappropriate. The board may prohibit sales, storage, washing, repairs, or restorations of vehicles on the Property. Vehicles may obstruct the flow of traffic, constitute a nuisance, or otherwise create a safety hazard on the Property.
The Association may effect the removal of any vehicle in violation of this Section or the Rules without liability to the owner or operator of the vehicle.
10.19. WINDOW TREATMENTS. 3321 Rosedale Condominiums is designed to have a single uniform glass appearance. Therefore, the color and condition of all windows and window treatments must conform to the building standard. All window treatments must be uniform in style and quality. All window treatments must be maintained in good condition and must not detract from the appearance of the Property. The ACC may require an owner to change or remove a window treatment that the ACC determines to be inappropriate or unattractive. The ACC may prohibit the use of certain colors or
ance of the Property. The ACC may require an owner to change or remove a window treatment that the ACC determines to be inappropriate or unattractive. The ACC may prohibit the use of certain colors or materials for window treatments.
Z. CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale- Condominium Information Statement Exhibit ADeclaration.dox Page 23 of 4x 2004 112 13212 66 11.1.
ARTICLE 11 UNIT LEASING LEASE CONDITIONS. The leasing of units is subject to the following conditions: (1) no unit may be rented for transient or hotel purposes or for a period less than 30 days; (2) no unit may be subdivided for rent purposes, and not less than an entire unit may be leased; (3) all leases must be in writing and must be made subject to the Documents; (4) an owner is responsible for providing his tenant with copies of the Documents and notifying him of changes thereto; and (5) each tenant is subject to and must comply with all provisions of the Documents, Federal and State laws, and local ordinances.
11.2 OWNER OCCUPANCY. For purposes of this Article, a unit is considered "owner occupied" if at least 1 resident of an occupied unit is an owner of the unit or is related by blood, marriage, or adoption to an owner of the unit, or if the unit is vacant - except that a unit being offered for lease may not be considered "owner occupied" even though he unit is then-vacant or then-occupied by an owner. In calculating occupancy, units are counted uniformly regardless of size.
11.3.
EVICTION OF TENANTS. Every lease agreement on a unit, whether written or oral, express or implied, is subject to and is deemed to include the following provisions: 11.3.1 Violation Constitutes Default. Failure by the tenant or his invitees to comply with the Documents,
or oral, express or implied, is subject to and is deemed to include the following provisions: 11.3.1 Violation Constitutes Default. Failure by the tenant or his invitees to comply with the Documents, federal or State law, or local ordinance is deemed to be a default under the lease. When the Association notifies an owner of his tenant's violation, the owner will promptly obtain his tenant's compliance or exercise his rights as a landlord for tenant's breach of lease. If the tenant's violation continues or is repeated, and if the owner is unable, unwilling, or unavailable to obtain his tenant's compliance, then the Association has the power and right to pursue the remedies of a landlord under the lease or State law for the default, including eviction of the tenant, subject to the terms of this Section.
11.3.2. Association as Attorney-in-Fact, Notwithstanding the absence of an express provision in the lease agreement for enforcement of the Documents by the Association, cach owner appoints the Association as his attorney-in-fact, with full authority to act in his place in all respects, solely for the purpose of enforcing the Documents against his tenants, including but not limited to the authority to institute forcible detainer proceedings against his tenant on his behalf, provided the Association gives the owner at least 10 days' notice.
by certified mail, of its intent to so enforce the Documents.
11.3.3. Association Not Liable for Damages. The owner of a lease unit is liable to the Association for any expenses incurred by the Association in connection with enforcement of the Documents against his tenant. The Association is not liable to the owner for any damages, including lost rents, suffered by the owner in relation to
e Association in connection with enforcement of the Documents against his tenant. The Association is not liable to the owner for any damages, including lost rents, suffered by the owner in relation to the Association's enforcement of the Documents against the owner's lenant.
11.4. MORTGAGEES & DECLARANT EXEMPT. A Mortgagee acquiring possession of or title to a unit by exercise of its rights under a deed of trust is exempt from the effect of this Article. This exemption does not pass to the Mortgagee's successors and assigns. During the Development Period, Declarant is exempt from the effect of this Article.
2004 112 13213 12.1.
ARTICLE 12 ASSOCIATION OPERATIONS BOARD. Unless the Documents expressly reserve a right, action, or decision to the owners, Declarant, or another party, the board acts in all instances on behalf of the Association. Unless the context indicates otherwise, references in the Documents to the "Association" may be construed to mean "the Association acting through its board of directors."
Z CILTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale-Condominium Information Statement Exhibit ADeclaration doe Page 24 of 4x 67 12.2.
THE ASSOCIATION. The duties and powers of the Association are those set forth in the Documents.
together with the general and implied powers of a condominium association and a nonprofit corporation organized under the laws of the State of Texas. Generally, the Association may do any and all things that are lawful and necessary, proper, or desirable in operating for the peace, health, comfort, and general benefit of its members, subject only to the limitations on the exercise of such powers as stated in the Documents. The
ry, proper, or desirable in operating for the peace, health, comfort, and general benefit of its members, subject only to the limitations on the exercise of such powers as stated in the Documents. The Association comes into existence on issuance of its corporate charter. The Association will continue to exist at least as long as the Declaration is effective against the Property, regardless of whether its corporate charter lapses from time to time.
EVERY OWNER OF A HOME AT 3321 ROSEDALE CONDOMINIUMS AUTOMATICALLY JOINS A MANDATORY MEMBERSHIP ASSOCIATION.
12.3.
GOVERNANCE. The Association will be governed by a board of directors elected by the members.
Unless the Association's bylaws or articles of incorporation provide otherwise, the board will consist of at least 3 persons elected at the annual meeting of the Association, or at a special meeting called for that purpose. The Association will be administered in accordance with the bylaws. Unless the Documents provide otherwise, any action requiring approval of the members may be approved in writing by owners of at least a majority of all units, or at a meeting by owners of at least a majority of the units that are represented at the meeting.
12.4.
MEMBERSHIP. Each owner is a member of the Association. ownership of a unit being the sole qualification for membership. Membership is appurtenant to and may not be separated from ownership of the unit. The board may require satisfactory evidence of transfer of ownership before a purported owner is entitled to vote at meetings of the Association. If a unit is owned by more than one person or entity, each co-owner is a member of the Association and may exercise the membership rights appurtenant to the unit. A member who
ings of the Association. If a unit is owned by more than one person or entity, each co-owner is a member of the Association and may exercise the membership rights appurtenant to the unit. A member who sells his unit under a contract for deed may delegate his membership rights to the contract purchaser, provided a written assignment is delivered to the board. However, the contract seller remains liable for all assessments attributable to his unit until fee title to the unit is transferred.
12.5. BOOKS & RECORDS. The Association will maintain copies of the Documents and the Association's books, records, and financial statements. Books and records of the Association will be made available for inspection and copying pursuant to the requirements of the Texas Nonprofit Corporation Act.
12.6.
INDEMNIFICATION. The Association indeninifies every officer, director, and committee member (for purposes of this Section. "Leaders") against expenses, including attomey's fees, reasonably incurred by or imposed on the Leader in connection with any threatened or pending action, suit, or proceeding to which the Leader is a party or respondent by reason of being or having been a Leader. A Leader is not liable for a mistake of judgment. A Leader is liable for his willful misfeasance, malfeasance, misconduct, or bad faith. This right to indeninification does not exclude any other rights to which present or former Leaders may be entitled. As a common expense, the Association may maintain general liability and directors and officers' liability insurance to fund this obligation.
12.7.
OBLIGATION OF OWNERS. Without limiting the obligations of owners under the Documents, each owner has the following obligations:
rectors and officers' liability insurance to fund this obligation.
12.7.
OBLIGATION OF OWNERS. Without limiting the obligations of owners under the Documents, each owner has the following obligations: 12.7.1. Information. Within 30 days after acquiring an interest in a unit, within 30 days after the owner has notice of a change in any information required by this Subsection, and on request by the Association from time to time, an owner will provide the Association with the following information: (1) a copy of the recorded deed by which owner has title to the unit; (2) the owner's address, phone number, and driver's license number, if any; (3) any mortgagee's name, address, and loan number. (4) the name and phone number of any resident other than the owner, (5) the name, address, and phone number of owner's managing agent, if any.
Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale-Condominium Information Statement Exhibit ADeclaration doc Page 25 of 4K 2004 112 13214 68 69 12.7.2. Pay Assessments. Each owner will pay assessments properly levied by the Association against the owner or his unit, and will pay regular assessments without demand by the Association.
12.7.3. Comply. Each owner will comply with the Documents as amended from time to time.
12.7.4. Reimburse. Each owner will pay for damage to the Property caused by the negligence or willful misconduct of the owner, a resident of the owner's unit, or the owner or resident's family, guests, employees, contractors, agents, or invitees.
12.7.5. Liability. Each owner is liable to the Association for violations of the Documents by the owner, B resident of the unit, or the owner or resident's family, guests, employees, agents, or invitees, and for costs
. Each owner is liable to the Association for violations of the Documents by the owner, B resident of the unit, or the owner or resident's family, guests, employees, agents, or invitees, and for costs incurred by the Association to obtain compliance, including attorney's fees whether or not suit is filed.
13.1.
ARTICLE 13 ENFORCING THE DOCUMENTS REMEDIES. The remedies provided in this Article for breach of the Documents are cumulative and not exclusive. In addition to other rights and remedies provided by the Documents and by law, the Association has the following right to enforce the Documents: 13.1.1. Nuisance. The result of every act or omission that violates any provision of the Documents is a nuisance, and any remedy allowed by law against a nuisance, either public or private, is applicable against the violation.
13.1.2. Fine. The Association may levy reasonable charges, as an individual assessment, against an owner and his unit if the owner or resident, or the owner or resident's family, guests, employees, agents, or contractors violate a provision of the Documents. Fines may be levied for each act of violation or for each day a violation continues, and does not constitute a waiver o discharge of the owner's obligations under the Documents.
13.1.3. Suspension. The Association may suspend the right of owners and residents to use common elements (except rights of ingress and egress) for any period during which the owner or resident, or the owner or resident's family, guests, employees' agents, or contractors violate the Documents. A suspension does not constitute a waiver or discharge of the owner's obligations under the Documents.
13.1.4. Self-Help. The Association has the right to enter a common element or unit to abate or remove, using
n does not constitute a waiver or discharge of the owner's obligations under the Documents.
13.1.4. Self-Help. The Association has the right to enter a common element or unit to abate or remove, using force as may reasonably be necessary, any erection, thing, animal, person, vehicle, or condition that violates the Documents. In exercising this right, the board is not trespassing and is not liable for damages related to the abatement. The board may levy its costs of abatement against the unit and owner as an individual assessment.
Unless an emergency situation exists in the good faith opinion of the board, the board will give the violating owner 15 days' notice of its intent to exercise self-help. Notwithstanding the foregoing, the Association may not alter or demolish an item of construction in a unit without judicial proceedings.
13.2.
BOARD DISCRETION. The board may use its sole discretion in determining whether to pursue a violation of the Documents, provided the board does not act in an arbitrary or capricious manner. In evaluating a particular violation, the board may determine that under the particular circumstances (1) the Association's position is not sufficiently strong to justify taking any or further action; 92) the provision being enforced is or may be construed as inconsistent with applicable law; (3) although a technical violation may exist, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or (4) that enforcement is not in the Association's best interests, based on hardship, expense, or other reasonable criteria.
13.3.
NO WAIVER. The Association and every owner has the right to enforce all restrictions, conditions,
t in the Association's best interests, based on hardship, expense, or other reasonable criteria.
13.3.
NO WAIVER. The Association and every owner has the right to enforce all restrictions, conditions, covenants, liens, and charges now or hereafter imposed by the Documents. Failure by the Association or by any owner to enforce a provision of the Documents is not a waiver of the right to do so hereafter.
2004 12 13215 Z. CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale-Condominium Infomation Statement Exhibit ADeclaration do Page 26 of 45 13.4.
RECOVERY OF COSTS. The costs of curing or abating a violation are the expense of the owner or other person responsible for the violation. If legal assistance is obtained to enforce any provision of the Documents, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of the Documents or the restraint of violations of the Documents, the prevailing party is entitled to recover from the nonprevailing party all reasonable and necessary costs incurred by it in such action, including reasonable attorneys' fees.
13.5.
NOTICE AND HEARING. Before levying a fine for violation of the Documents, or before levying an individual assessment for property damage, the Association will give the owner written notice of the levy and an opportunity to be heard, to the extent required by the Act: The Association's written notice must contain a description of the violation or property damage; the amount of the proposed fine or damage charge; a statement that not later than the 30 day after the date of the notice, the owner may request a hearing before the board to contest the fine or charge; and a stated date by which the owner may cure the violation to avoid the fine - unless
day after the date of the notice, the owner may request a hearing before the board to contest the fine or charge; and a stated date by which the owner may cure the violation to avoid the fine - unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding 12 months. The Association may also give a copy of the notice to the resident. Pending the hearing, the Association may continue to exercise its other rights and remedies for the violation, as if the declared violation were valid. The owner's request for a hearing suspends only the levy of a fine or damage charge. The owner may attend the hearing in person, or may be represented by another person or written communication. The board may adopt additional or alternative procedure and requirements for notices and hearing, provided they are consistent with the Act's requirements.
14.1.
ARTICLE 14 INSURANCE GENERAL PROVISIONS. All insurance affecting the Property is governed by the provisions of this Article, with which the board will make every reasonable effort to comply, including the following: 14.1.1. Common Expense. The cost of insurance coverages and bonds maintained by the Association is a common expense.
14.1.1. Insurer. Insurance policies and bonds obtained and maintained by the Association must be issued by responsible insurance companies authorized to do business in the State of Texas.
14.1.3. Insured. The Association must be the named insured on all policies obtained by the Association. The loss payee clause should show the Association as trustee for each owner and Mortgagee.
14.1.4. Subrogation. Policies of property and general liability insurance maintained by the Association must
The loss payee clause should show the Association as trustee for each owner and Mortgagee.
14.1.4. Subrogation. Policies of property and general liability insurance maintained by the Association must provide that the insurer waives its rights to subrogation under the policy against an owner.
14.1.5. Association as Trustee. Each owner irrevocably appoints the Association, acting through the board, as his trustee to negotiate, receive, administer, and distribute the proceeds of any claim against an insurance policy maintained by the Association.
14.1.6. Notice of Cancellation or Modification. Each insurance policy maintained by the Association should contain a provision requiring the insurer to give prior written notice, as provided by the Act, to the board before the policy may be canceled, terminated, materially modified, or allowed to expire, by either the insurer or the insured. The board will give to Eligible Mortgagees, and the insurer will give to Mongagees, pnor notices of cancellation, termination, expiration, or material modification.
14.1.7. Deductibles. An insurance policy obtained by the Association may contain a reasonable deductible.
The Association may require that the deductible be paid, in whole or in part, by the party who would be liable for the loss or repair in the absence of insurance. If a loss is due wholly or partly to an act or omission of an owner or resident or his invitees, the Association may require the owner to reimburse the Association for the amount of the deductible that is attributable to the act or omission.
Z CELTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale- Condkonunum Information Statement Exhibit A Declaration due Page 27 of 4x 2004 12 13216 70 71 NOTICE Under some circumstances, a unit owner may be required to pay
LAND, JOE CLEVELAN-001 3321 Rosedale- Condkonunum Information Statement Exhibit A Declaration due Page 27 of 4x 2004 12 13216 70 71 NOTICE Under some circumstances, a unit owner may be required to pay the deductible on the Association's property insurance policy.
14.1.8. Mortgage Clause. The Association's policies should contain the standard mortgage clause naming either the Mortgagee or its servicer followed by "its successors and assigns."
14.1.9. Prejudice. The insurance will not be prejudiced by the act or omission of any owner or resident who is not under the Association's control.
14.2. PROPERTY INSURANCE. The Association will obtain blanket all-risk insurance, if reasonably available, for all improvements insurable by the Association. If blanket all-risk insurance is not reasonably available, then at a mininium, the Association will obtain an insurance policy providing fire and extended coverage. This insurance must be in an amount sufficient to cover 100 percent of the replacement cost of any repair or reconstruction in event of damage or destruction from any insured hazard. The Federal National Mortgage Association recommends use of a guaranteed replacement cost endorsement, or a replacement cost endorcement, together with an agreed amount endorsement in case of coinsurance.
14.2.1. Common Property Insured. The Association will insure (1) general common elements; (2) limited common elements; and (3) property owned by the Association including, if any, records, furniture, fixtures, equipment, and supplies.
14.2.2. Units Insured by Association. In addition to insuring the common elements against casualty loss, the Association will maintain property insurance on the units as originally constructed. The Association may insure
d by Association. In addition to insuring the common elements against casualty loss, the Association will maintain property insurance on the units as originally constructed. The Association may insure betterments and improvements installed by current or previous owners. In insuring units, the Association may be guided by types of policies customarily available for similar types of properties.
14.2.3. Endorsements. To the extent reasonably available, the Association will obtain endorsements to its property insurance policy as required by an Underwriting Lender. The Federal National Mortgage Association requires the following endorsements: Inflation Guard Endorsement, Building Ordinance or Law Endorsements, and a Special Condominium Endorsement.
14.3. LIABILITY INSURANCE. The Association will maintain a commercial general liability insurance policy over the common elements - expressly excluding the liability of each owner and resident within his unit for bodily injury and property damage resulting from the operation, maintenance, or use of the common elements. The amount of coverage should be at least that required by an Underwriting Lender. The Federal National Mortgage Association requires a minimum of $1 million for bodily injury and property damage per single occurrence. If the policy does not contain a severability of interest provision, it should contain an endorsement to preclude the insurer's denial of an owner's claim because of negligent acts of the association or other owners.
14.4.
WORKER'S COMPENSATION. The Association may maintain worker's compensation insurance if and to the extent necessary to meet the requirements of State law or if the board so chooses.
14.5. FIDELITY COVERAGE. The Association may maintain blanket fidelity coverage for any person who
ance if and to the extent necessary to meet the requirements of State law or if the board so chooses.
14.5. FIDELITY COVERAGE. The Association may maintain blanket fidelity coverage for any person who handles or is responsible for funds held or administered by the Association, whether or not the person is paid for his services. The policy should be for an amount that exceeds the greater of (1) the estimated maximum funds, including reserve funds, which will be in the Association's custody at any time the policy is in force; or (2) an amount equal to 3 months of regular assessments on all units. A management agent that handles Association funds should be covered for its own fidelity insurance policy with the same coverages.
14.6 DIRECTORS AND OFFICERS LIABILITY. The Association may maintain directors and officers' liability insurance, errors and omissions insurance, indemnity bonds, or other insurance the board deems advisable to insure the Association's directors, officers, committee members, and managers against liability for an act or omission in carrying out their duties in those capacities Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale Condominium Information Statement Exhibit A.
Declaration doc Page 28 of 4% 2004 112 13217 14.7 MORTGAGEE REQUIRED POLICIES. Unless coverage is not available or has been waived in writing, the Association will maintain any insurance and bond required by an Underwriting Lender for condominium developments as long as such lender is a Mortgagee or an owner.
14.8.
OTHER POLICIES. The Association may maintain any insurance policies and bonds deemed by the board to be necessary or desirable for the benefit of the Association.
14.9.
OWNER'S RESPONSIBILITY FOR INSURANCE.
POLICIES. The Association may maintain any insurance policies and bonds deemed by the board to be necessary or desirable for the benefit of the Association.
14.9.
OWNER'S RESPONSIBILITY FOR INSURANCE.
14.9.1 Insurance by Owners. Notwithstanding the foregoing, the board may establish minimum insurance requirements, including types and minimum amounts of coverage, to be individually obtained and maintained by owners if the insurance is deemed necessary or desirable by the board to reduce potential risks to the Association or other owners. If an owner fails to maintain required insurance, the board may obtain it on behalf of the owner who will be obligated for the cost as an individual assessment.
14.9.2. Owners Responsibilities. On request, an owner will give the board written notification of any and all structural changes, additions, betterments, or improvements to his unit, and any other information the board may require to maintain adequate levels of insurance coverage. Each owner will comply with reasonable requests by the board for periodic inspection of the unit for purposes of insurance appraisal. Each owner, at his expense, will maintain any insurance coverages required of owners by the Association pursuant to this Article.
Each owner, at his expense, may obtain additional insurance coverage of his real property, improvements, and betterments thereto, or personal property.
14.9.3. Association Does Not Insure. The Association does not insure an owner or resident's personal property. Each owner and resident is solely responsible for insuring his personal property in his unit and on the Property, including fumishings, vehicles, and stored items. The Association strongly recommends that cach
r and resident is solely responsible for insuring his personal property in his unit and on the Property, including fumishings, vehicles, and stored items. The Association strongly recommends that cach owner and resident purchase and maintain insurance on his personal belongings.
15.1.
ARTICLE 15 RECONSTRUCTION OR REPAIR LOSS SUBJECT TO ACT. The Association's response to damage or destruction of the Property will be governed by Section 82.111(i) of the Act. The following provisions apply to the extent the Act is silent.
1.5.2.
RESTORATION FUNDS. For purposes of this Article, Restoration Funds include insurance proceeds, condemnation awards, Deficiency Assessments, individual assessments, and other funds received on account of or arising out of injury or damage to the Property. All funds paid to the Association for purposes of repair or restoration will be deposited in a financial institution in which accounts are insured by a federal agency.
Withdrawal of Restoration Funds requires the signatures of at least 2 Association directors or that of an agent duly authorized by the board.
15.2.1. Sufficient Proceeds. If Restoration Funds obtained from insurance proceeds or condemnation awards are sufficient to repair or restore the damaged or destroyed Property, the Association, as trustee for the owners. will promptly apply the funds the repair or restoration.
15.2.2. Insufficient Proceeds. If Restoration Funds are not sufficient to pay the estimated or actual costs of restoration as determined by the board, the board may levy a Deficiency Assessment against the owners to fund the difference.
15.2.3. Surplus Funds. If the Association has a surplus of Restoration Funds after payment of all costs
the board, the board may levy a Deficiency Assessment against the owners to fund the difference.
15.2.3. Surplus Funds. If the Association has a surplus of Restoration Funds after payment of all costs of repair and restoration, the surplus will be applied as follows. If Deficiency Assessments were a source of Restoration Funds, the surplus will be paid to owners in proportion to their contributions resulting from the Deficiency Assessment levied against them; provided that no owner may receive a sum greater than that actually contributed by him, and further provided that any delinquent assessments owed by the owner to the 7. CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001-3321 Rosedale Condominium Information Statement Exhibit ADeclaration du Page 19 of 4% 2004|12 13218 72 .
Association will first be deducted from the surplus. Any surplus remaining after the disbursement described in the foregoing paragraph will be common funds of the Association to be used as directed by the board.
15.3.
COSTS AND PLANS.
15.3.1. Cost Estimates. Promptly after the loss, the board will obtain reliable and detailed estimules of the cost of restoring the damaged Property. Costs may include premiums for bonds and fees for the services of professionals, as the board deems necessary, to assist in estimating and supervising the repair.
15.3.2. Plans and Specifications. Common elements will be repaired and restored substantially as they existed immediately prior to the damage or destruction. Units will be repaired and restored substantially in accordance with original construction plans and specifications, unless the Association insures betterments and improvements made by owners, in which case the units will be repaired and restored substantially as they
original construction plans and specifications, unless the Association insures betterments and improvements made by owners, in which case the units will be repaired and restored substantially as they existed immediately prior to the damage or destruction. Alternate plans and specifications for repair and restoration of either common elements or units must be approved by owners representing at least two-thirds of the votes in the Association and by certain mortgages if so required by the Mortgagee protection article of this Declaration.
15.4. OWNER'S DUTY TO REPAIR 15.4.1. Uninsured Loss. Within 60 days after the date of damage, the owner will begin repair or reconstruction of any portion of his unit not covered by the Association's blanket insurance policy, subject to the right of the Association to supervise, approve, or disapprove repair or restoration during the course thereof.
15.4.2. Insured Loss. If the loss to a unit is covered by the Association's insurance policy, the owner will begin repair or restoration of damage on receipt of the insurance proceeds or any portion thereof from the Association, subject to the rights of the Association to supervise, approve, or disapprove the repair or restoration during the course thereof.
15.4.3. Failure to Repair. If an owner fails to repair or restore damage as required by this Section, the Association may effect the necessary repairs and levy an individual assessment against the owner and unit for the cost thereof, after giving an owner of the unit reasonable notice of the Association's intent to do so.
15.5.
OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE. If repair or restoration of common elements or units is required as a result of an insured loss, the board may levy an individual assessment, in the
.
15.5.
OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE. If repair or restoration of common elements or units is required as a result of an insured loss, the board may levy an individual assessment, in the amount of the insurance deductible, against the owner or owners who would be responsible for the cost of the repair or reconstruction in the absence of insurance.
2004 112 13219 16.1.
ARTICLE 16 TERMINATION AND CONDEMNATION ASSOCIATION AS TRUSTEE. Each owner hereby irrevocably appoints the Association, acting through the board, as trustee to deal with the Property in the event of damage, destruction, obsolescence, condemnation, or termination of all or any part of the property. As trustee, the Association will have full and complete authority, right, and power to do all things reasonable and necessary to effect the provisions of this Declaration and Act, including, without limitation, the right to receive, administer, an distribute funds, awards, and insurance proceeds; to effect the sale of the Property as permitted by this Declaration or by the Act; and to make, execute, and deliver any contract, deed, or other instrument with respect to the interest of an owner.
16.2 TERMINATION. Termination of the terms of this Declaration and the condominium status of the Property will be governed by Section 82.068 of the Act, subject to the following provisions: 16.2.1. Substantial Taking. In the event of substantially total damage, destruction, or condemnation of the Property, an amendment to terminate must be approved by owners representing at least 67 percent of the Z CLITXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001:3321 Rosedale Conduminium Information Staternent Exhibit ADeclaration doc Page 10 of 4
st be approved by owners representing at least 67 percent of the Z CLITXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001:3321 Rosedale Conduminium Information Staternent Exhibit ADeclaration doc Page 10 of 4 votes in the Association and by certain mortgages pursuant to the Mortgage Protection article of this Declaration.
16.2.2. Total Taking. In the event of condemnation of the entire Property, an amendment to terminate may be executed by the board without a vote of owners or mortgagees.
16.2.3. Other Circumstances. In all other circumstances, an amendment to terminate must be approved by owners representing at least 80 percent of the votes in the Association and by certain mortgagoes pursuant to the Mortgagee Protection article of this Declaration.
16.3.
CONDEMNATION. The Association's response to condemnation of any part of the Property will be governed by Section 82.007 of the Act. On behalf of owners, but without their consent, the board may execute an amendment of this Declaration to reallocate allocated interests following condemnation and to describe the altered parameters of the Property. If the Association replaces or restores common elements taken by condemnation by obtaining other land or constructing additional improvements, the board may, to the extent permitted by law, execute an amendment without the prior consent of owners to describe the altered parameters of the Property and any corresponding change of facilities or improvements.
17.1.
ARTICLE 17 MORTGAGEE PROTECTION INTRODUCTION. This Article is supplemental to, not a substitution for, any other provision of the Documents. In case of conflict, this Article controls. Some sections of this Article apply to "Mortgagees," as
TION. This Article is supplemental to, not a substitution for, any other provision of the Documents. In case of conflict, this Article controls. Some sections of this Article apply to "Mortgagees," as defined in Article 1. Other sections apply to "Eligible Mortgagees," which means the holder, insurer, or guarantor of a first purchase money mortgage secured by a recorded deed of trust lien against a unit who has submitted to the Association a written notice containing its name and address, the loan number, and the identifying number and street address of the mortgaged unit. A single notice per unit will be valid so long as the Eligible Mortgagee holds a mortgage on the unit. The board will maintain this information. The Association will treat the notice as the Eligible Mortgagee's request to be notified of any proposed action requiring the consent of Eligible Mortgagees. A provision of the Documents requiring the approval of a specified percentage of Eligible Mortgagees will be based on the number of units subject to mortgages held by Eligible Mortgagees.
For example, "51 percent of Eligible Mortgagees" means Eligible Mortgagees of 51 percent of the units that are subject to mortgages held by Eligible Mortgagees.
17.2.
KNOWN MORTGAGEES. An owner who mortgages his unit will notify the Association, giving the complete name and address of his mortgagee and the loan number. The Association's obligations to mortgages under the Documents extend only to those mortgages known to the Association. All actions and approvals required by mortgagees will be conclusively satisfied by the mortgagees known to the Association, without regard to other holders of mortgages on units. The Association may rely on the information provided by owners and mortgagees.
17.3.
sively satisfied by the mortgagees known to the Association, without regard to other holders of mortgages on units. The Association may rely on the information provided by owners and mortgagees.
17.3.
AMENDMENT. This Article establishes certain standards for the benefit of Underwriting Lenders, and is written to comply with their requirements and guidelines in effect at the time of drafting. If an Underwriting Lender subsequently changes its requirements, the board, without approval of owners or mortgagees, may amend this Article and other provisions of the Documents, as necessary, to meet the requirements of the Underwriting Lender.
17.4.
TERMINATION. An action to terminate the legal status of the Property after substantial destruction or condemnation must be approved by owners representing at least 67 percent of the votes in the Association, and by at least 51 percent of Eligible Mortgagees. An action to terminate the legal status for reasons other than substantial destruction or condemnation must be approved by at least 67 percent of Eligible Mortgagees.
Z CLLTNLAW CLIENTS CLEVELAND. JOE CLEVELAN 001 3321 Rosedale- Conkimumum Information Statement Exhibit ADeclaration.doc Page 31 of 4K 2004 112 13220 74 17.5.
IMPLIED APPROVAL. The approval of an Eligible Mortgagee is implied when the Eligible Mortgagee fails to respond within 30 days after receiving the Association's written request for approval of a proposed amendment, provided the Association's request was delivered by certified or registered mail, return receipt requested.
17.6. OTHER MORTGAGEE RIGHTS.
17.6.1. Inspection of Books. The Association will maintain current copies of the Documents and the Association's books, records, and financial statements. Mortgagees may inspect the Documents and records, by
Inspection of Books. The Association will maintain current copies of the Documents and the Association's books, records, and financial statements. Mortgagees may inspect the Documents and records, by appointment, during normal business hours.
expense.
17.6.2. Financial Statements. A Mortgagee may have an audited statement prepared at its own 17.6.3. Attendance at Meetings. A representative of an Eligible Mortgagee may attend and address any meeting which an owner may attend.
17.6.5. Management Contract. If professional management of the Association is required by this Article, the contract for professional management may not require more than 90 days' notice to terminate the contract, nor payment of a termination penalty, 17.7.
INSURANCE POLICIES. If an Underwriting Lender that holds a mortgage on a unit or desires to finance a unit has requirements for insurance of condominiums, the Association must try to obtain and maintain the required coverages, to the extent they are reasonably available, and must try to comply with any notifications or processes required by such lender. Because underwriting requirements are subject to change, they are not recited here.
17.8.
NOTICE OF ACTIONS. The Association will use its best efforts to send timely written notice to Eligible Mortgagees of the following actions: 0.
mortgaged unit.
Any condemnation or casualty loss that affects a material portion of the Property or the b. Any 60-day delinquency in the payment of assessments or changes owed by the owner of the mortgaged unit.
2004 12 13221 C.
A lapse, cancellation, or material modification of any insurance policy maintained by the Association.
d.
Any proposed action that requires the consent of a specified percentage of Eligible Mortgagees.
C.
pse, cancellation, or material modification of any insurance policy maintained by the Association.
d.
Any proposed action that requires the consent of a specified percentage of Eligible Mortgagees.
C.
Any proposed amendment of a material nature, as provided in this Article.
f.
Any proposed termination of the condominium status of the Property.
17.9.
AMENDMENTS OF A MATERIAL NATURE. A document amendment of a material nature must be approved by owners representing at least 67 percent of the votes in the Association, and by at least 51 percent of Eligible Mortgagees. This approval requirement does not apply to amendments effected by the exercise of a Development Right provided in Appendix B hereto. A change to any of the provisions governing the following would be considered material: a.
Voting rights.
b.
Increases in assessments that raise the previously assessed amount by more than 25 percent, assessment liens, or the priority of assessment liens Z CLI.TXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale Condominium Information Statement Exhibit ADeclaration doc Page 32 of 4K 75 C.
Reductions in reserves for maintenance, repair, and replacement of common elements.
d.
Responsibility for maintenance and repairs.
e.
Reallocation of interests in the general or limited common elements, or rights to their use; except that when limited common elements are reallocated by agreement between owners, only those owners and only the Eligible Mortgagees holding mortgages against those units need approve the action.
f.
Redefinitions of boundaries of units, except that when boundaries of only adjoining units are involved, or a unit is being subdivided, then only those owners and the Eligible Mortgagees holding mortgages against the unit or units need approve the action.
g.
h.
aries of only adjoining units are involved, or a unit is being subdivided, then only those owners and the Eligible Mortgagees holding mortgages against the unit or units need approve the action.
g.
h.
Convertibility of units into common elements or common elements into units.
Expansion or contraction of the Property, or the addition, annexation, or withdrawal of property to or from the Property.
i.
Property or fidelity insurance requirements.
j.
Imposition of any restrictions on the leasing of units.
k.
Imposition of any restrictions on owners' right to sell or transfer their units.
1.
Restoration or repair of the Property, in a manner other than that specified in the Documents, after hazard damage or partial condemnation.
m. Any provision that expressly benefits mortgage holders, insurers, or guarantors.
18.1.
ARTICLE 18 AMENDMENTS CONSENTS REQUIRED. As permitted by the Act or by this Declaration, certain amendments of this Declaration may be executed by Declarant alone, or by certain owners alone, or by the board alone. Otherwise, amendments to this Declaration must be approved by owners representing at least 67 percent of the votes in the Association.
18.2.
METHOD OF AMENDMENT. This Declaration may be amended by any method selected by the board from time to time, pursuant to the bylaws, provided the method gives an owner of each unit the substance if not exact wording of the proposed amendment, a description in layman's terms of the effect of the proposed amendment, and an opportunity to vote for or against the proposed amendment. For amendments requiring the consent of Eligible Mortgagees, the Association will send each Eligible Mortgagee a detailed description. if not exact wording, of any proposed amendment.
posed amendment. For amendments requiring the consent of Eligible Mortgagees, the Association will send each Eligible Mortgagee a detailed description. if not exact wording, of any proposed amendment.
18.3. EFFECTIVE. To be effective, an amendment must be in the form of a written instrument (1) referencing the name of the Property the name of the Association, and the recording data of this Declaration and any amendments hereto; (2) signed and acknowledged by an officer of the Association, certifying the requisite approval of owners and, if required, Eligible Mortgagees; and (3) recorded in the Real Property Records of Dallas County, Texas.
18.4.
DECLARANT PROVISIONS. No amendment may affect Declarant's rights under this Declaration or the Act without Declarant's written and acknowledged consent, which must be part of the recorded amendment instrument. Because Appendix B of this Declaration is destined to become obsolete, beginning 15 years after the date this Declaration is first recorded, the board may restate, rerecord, or publish this Declaration without Appendix B. provided the other appendixes are not relettered. The automatic expiration and subsequent deletion Z CLUTXLAW CLIENTS CLEVELAND, JOF CLEVELAN-001 3321 Rosedale Condominium Information Statement Exhibit A.
Ixeclaration due Page 13 of 48 2004112 13222 76 of Appendix B does not constitute an amendment of this Declaration. This Section may not be amended without Declarant's written and acknowledged consent.
19.1.
ARTICLE 19 DISPUTE RESOLUTION INTRODUCTION & DEFINITIONS. The Association, the owners, Declarant, all persons subject to this Declaration, and any person not otherwise subject to this Declaration who agrees to submit to this Article
TRODUCTION & DEFINITIONS. The Association, the owners, Declarant, all persons subject to this Declaration, and any person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, the "Parties") agree to encourage the amicable resolution of disputes involving the Property and to avoid the emotional and financial costs of litigation if at all possible. Accordingly, each Party hereby covenants and agrees that this Article applies to all claims as hereafter defined. As used ion this Article only the following words, when capitalized, have the following specified meanings: 19.1.1. "Claim" means any claim, grievance, or dispute between the Parties involving the Properties, except Exempt Claims as defined below, and including without limitation: 2004 12 13223 3.
Claims arising out of or relating to the interpretation, application, or enforcement of the Documents.
b.
Claims relating to the rights and/or duties of Declarant as Declarant under the Documents.
C.
Claims relating to the design, construction, or maintenance of the Property.
19.2.
19.1.1. "Claimant" means any Party having a Claim against any other Party.
19.1.3. "Exempt Claims" means the following claims or actions, which are exempt from this Article: a.
b.
C.
d.
c.
The Association's claim for assessments and any action by the Association to collect assessments.
An action by any Party to obtain a temporary restraining order or equivalent emergency equitable relief, and such other ancillary relief as the court seems necessary to maintain the status quo and preserve the Party's ability to enforce the provisions of this Declaration.
Enforcement of the casements, architectural control, maintenance, and use restrictions of this Declaration.
e status quo and preserve the Party's ability to enforce the provisions of this Declaration.
Enforcement of the casements, architectural control, maintenance, and use restrictions of this Declaration.
A suit to which an applicable statute of limitations would expire within the notice period of this Article, unless a Party against whom the Claim is made agrees to toll the statute of limitations as to the Claim for the period reasonably necessary to comply with this Article.
A dispute that is subject to alternate dispute resolution - such as mediation or arbitration - by the terms of a public law or another instrument, such as a contract or warranty agreement, in which case the dispute is exempt from this Article, unless the Parties agree to have the dispute governed by this Anicle.
19.1.4. "Respondent" means the Party against whom the Claimant has a Claim MANDATORY PROCEDURES. Claimant may not file suit in any court or initiate any proceeding before any administrative tribunal seeking redress or resolution of its Claim until Claimant has complied with the procedures of this Article.
19.3. NOTICE. Claimant must notify Respondent in writing of the Claim (the "Notice"), stating plainly and concisely: (1) the nature of the Claim, including date, time, location, persons involved, and Respondent's role in the Claim, (2) die basis of the Claim (ie, the provision of the Documents or other authority out of which the Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001332) Rosedale-Condominium Information Statement Exhibit A.
Declaration doc Page 34 of 4K 77 Claim arises); (3) what Claimant wants Respondent to do or not do to resolve the Claim; and (4) that the Notice is given pursuant to this Section.
Statement Exhibit A.
Declaration doc Page 34 of 4K 77 Claim arises); (3) what Claimant wants Respondent to do or not do to resolve the Claim; and (4) that the Notice is given pursuant to this Section.
19.4. NEGOTIATION, Claimant and Respondent will make every reasonable effort to meet in person to resolve the Claim by good faith negotiation. Within 60 days after Respondent's receipt of the Notice, Respondent and Claimant will meet at a mutually-acceptable place and time to discuss the Claim. At such meeting or at some other mutually-agreeable time, Respondent and Respondent's representatives will have full access to the property that is subject to the Claim for the purposes of inspecting the property. If Respondent elects to take corrective action, Claimant will provide Respondent and Respondent's representatives and agents with full access to the property to take and complete corrective action.
19.5.
MEDIATION. If the parties negotiate but do not resolve the Claim through negotiation within 120 days from the date of the Notice (or within such other period as may be agreed on by the parties), Claimant will have 30 additional days within which to submit the Claim to mediation under the auspices of a mediation center or individual mediator on which the parties mutually agree. The mediator must have at least 5 years of experience serving as a mediator and must have technical knowledge or expertise appropriate to the subject matter of the Claim. If Claimant does not submit the Claim to mediation within the 30-day period, Claimant is deemed to have waived the Claim, and Respondent is released and discharged from any and all liability to Claimant on account of the Claim.
19.6. TERMINATION OF MEDIATION. If the parties do not settle the Claim within 30 days after
m, and Respondent is released and discharged from any and all liability to Claimant on account of the Claim.
19.6. TERMINATION OF MEDIATION. If the parties do not settle the Claim within 30 days after submission to mediation, or within a time deemed reasonable by the mediator, the mediator will issue a notice of termination of the mediation proceedings indicating that the Parties are at an impasse and the date that mediation was terminated. Thereafter, Claimant may file suit or initiate administrative proceedings on the Claim, as appropriate.
19.7.
ALLOCATION OF COSTS. Except as otherwise provided in this Section, cach Party bears all of its own costs incurred prior to and during the proceedings described in the Notice, Negotiation, and Mediation sections above, including its attorneys' fees. Respondent and Claimant will equally divide all expenses and fees charged by the mediator.
19.8.
ENFORCEMENT OF RESOLUTION. Any settlement of the Claim through negotiation or mediation will be documented in writing and signed by the Parties. If any Party thereafter fails to abide by the terms of the agreement, then the other Panty may file suit or initiate administrative proceedings to enforce the agreement without the need to again comply with the procedures set forth in this Article. In that event, the Party taking action to enforce the agreement is entitled to recover from the non-complying Party all costs incurred in enforcing the agreement, including, without limitation, attorneys' fees and court costs.
19.9.
GENERAL PROVISIONS. A release or discharge of Respondent from liability to Claimant on account of the Claim does not release Respondent from liability to persons who are not party to Claimant's Claim. A
NERAL PROVISIONS. A release or discharge of Respondent from liability to Claimant on account of the Claim does not release Respondent from liability to persons who are not party to Claimant's Claim. A Party having an Exempt Claim may submit it to the procedures of this Anticle.
19.10. LITIGATION APPROVAL & SETTLEMENT. In addition to and notwithstanding the above alternate dispute resolution procedures, the Association may not initiate any judicial or administrative proceeding without the prior approval of owners representing at least a two-thirds of the ownership interests, except that no such approval is required (1) to enforce provisions of this Declaration, including collection of assessments; (2) to challenge condemnation proceedings: (3) to enforce a contract against a contractor, vendor, or supplier of goods or services to the Association; (4) to defend claims filed against the Association, or to assert counter claims in a proceedings instituted against the Association; or (5) to obtain a temporary restraining order or equivalent emergency equitable relief when circumstances do not provide sufficient time to obtain the prior consents of owners in order to preserve the status quo. The board, on behalf of the Association and without the consent of owners, is hereby authorized to negotiate, mediate, arbitrate. or settle litigation, and may execute any document related thereto, such as settlement agreements and waiver or release of claims. This Section may not be amended without the approval of owners representing at least 75 percent of the votes in the Association.
Z CLI.TXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013121 Rosedale Condominium Information Statement Exhibit ADeclarauon.duc Page 35 of 4k 2004 12 13224 78 20.1.
ARTICLE 20 GENERAL PROVISIONS
Association.
Z CLI.TXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013121 Rosedale Condominium Information Statement Exhibit ADeclarauon.duc Page 35 of 4k 2004 12 13224 78 20.1.
ARTICLE 20 GENERAL PROVISIONS COMPLIANCE. The owners hereby covenant and agree that the administration of the Association will be in accordance with the provisions of the Documents and all applicable laws, regulations, and ordinances, as same may be amended from time to time, of any governmental or quasi-governmental entity having jurisdiction over the Association or Property.
20.2.
HIGHER AUTHORITY. The documents are subordinate to federal and state law, and local ordinances.
Generally, the terms of the Documents are enforceable to the extent they do not violate or conflict with local, state, or federal law or ordinance.
2004 112 13225 DRAFTER'S DICTUM Users of this document should periodically review statutes and court rulings that may modify or nullify provisions of this document or its enforcement, or may create rights or duties not anticipated by this document.
20.3. NOTICE. All demands or other notices required to be sent to an owner or resident by the terms of this Declaration will be sent by ordinary or certified mail, postage prepaid, to the party's last known address as it appears on the records of the Association at the time of mailing. If an owner fails to give the Association an address for mailing notices, all notices may be sent to the owner's unit, and the owner is deemed to have been given notice whether or not he actually receives it.
20.4.
LIBERAL CONSTRUCTION. The terms and provision of each Document are to be liberally construed to give effect to the purposes and intent of the Document. All doubts regarding a provision, including
0.4.
LIBERAL CONSTRUCTION. The terms and provision of each Document are to be liberally construed to give effect to the purposes and intent of the Document. All doubts regarding a provision, including restrictions on the use or alienability of property, will be resolved in favor of the operation of the Association and its enforcement of the Documents, regardless which party seeks enforcement.
20.5.
SEVERABILITY. Invalidation of any provision of this Declaration by judgment or court order does not affect any other provision, which remains in full force and effect. The effect of a general statement is not limited by the enumeration of specific matters similar to the general.
20.6.
CAPTIONS. The captions of articles and sections are inserted only for convenience and are in no way to be construed as defining or modifying the text to which they refer.
20.7.
INTERPRETATION. Whenever used in the Documents, unless the context provides otherwise, a reference to a gender includes all genders. Similarly, a reference to the singular includes the plural, the plural the singular, where the same would be appropriate.
20.8.
DURATION. Unless terminated or amended by owners as permitted herein, the provisions of this Declaration run with and bind the Property, and will remain in effect perpetually to the extent permitted by law.
20.9. PREPARER. This Declaration was prepared in the law offices of Cafiero, Lenahan, & Lafuente, P.C., Dallas, Texas 75219.
20.10. APPENDIXES. The following appendixes are attached to this Declaration and are incorporated herein by reference: A Description of Subject Land B-Declarant Representations & Reservations C-Schedule of Allocated Interests E-Easements and License F-Assignment of Parking Spaces G-Consent to Declaration D-Plats and Plans
scription of Subject Land B-Declarant Representations & Reservations C-Schedule of Allocated Interests E-Easements and License F-Assignment of Parking Spaces G-Consent to Declaration D-Plats and Plans 2 CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-401 3321 Rosedale- Condominium Information Statement Exhibit ADeclaration doc Page 16 of 4x 79 SIGNED AND ACKNOWLEDGED SIGNED on this 10 day of.
ہاں 20 C CLEVELAND PARTNERS, L.P.., a Texas limited partnership BY: 3321 ROSEDALE ASSOCAITION., a Texas NonProfit Corporation, its general partner By: Manager THE STATE OF TEXAS S S COUNTY OF DALLAS S 10 _day of June This instrument was acknowledged before me on this 2004by sian Clerger of 3321 Rosedale GP, L.L.C., a Texas limited liability company, on behalf of said company in its capacity as general partner of Cleveland Partners, L.P.., a Texas limited partnership, on behalf of the limited partnership.
mich b Notary Public, The State of Texas Expires: 5/28/05 7. C1.1.TXLAW CLIENTS CLEVELAND. JOE CLEVELAN-001-3321 Rosedale- Condominium Information Statement Exhibit ADeclaration doc Page 37 of 4k 2004 112 13226 80 APPENDIX A DESCRIPTION OF SUBJECT LAND 3321 ROSEDALE CONDOMINIUMS SMU HEIGHTS BLK A LOT 7 VOL 2002063/3540 DDO3272002 CO-DC 1925000100700 16019250001 2004 12 13227 Z CLITXLAW CLIENTS CLEVELAND, JOE-CLEVELAN-0013321 Rosedale-Condominium Information Statement ishibit ADeclaration doc Page 38 of 4% APPENDIX B DECLARANT REPRESENTATIONS & RESERVATIONS 3321 ROSEDALE CONDOMINIUMS B.1.
GENERAL PROVISIONS.
B.1.1. Introduction. Declarant intends the Declaration to be perpetual and understands that provisions pertaining to the initial development, construction, marketing, and control of the property will
B.1.1. Introduction. Declarant intends the Declaration to be perpetual and understands that provisions pertaining to the initial development, construction, marketing, and control of the property will become obsolete when Declarant's role is complete. As a courtesy to future users of the Declaration, who may be frustrated by then-obsolete terms, Declarant is compiling the Declarant-related provisions in this Appendix.
B.1.2. General Reservation & Construction. Notwithstanding other provisions of the Documents to the contrary, nothing contained therein may be construed to, nor may any mortgages, other owner, or the Association, prevent or interfere with the rights contained in this Appendix which Declarant hereby reserves exclusively unto itself and its successors and assigns. In case of conflict between this Appendix and any other Document, this Appendix controls. This Appendix may not be amended without the prior written consent of Declarant. The terms and provisions of this Appendix must be construed liberally to give effect to Declarant's intent to protect Declarant's interests in the Property.
B.1.3.
Purpose of Development and Declarant Control Periods. The Appendix gives Declarant certain rights during the Development Period and the Declarant Control Period to ensure a complete and orderly buildout and sellout of the Property, which is ultimately for the benefit and protection of owners and mortgages.
Declarant may not use its control of the Association and the Property for an advantage over the owners by way of retention of any residual rights or interests in the Association or through the creation of any contractual agreement which the Association may not terminate without cause with 90 days' notice.
way of retention of any residual rights or interests in the Association or through the creation of any contractual agreement which the Association may not terminate without cause with 90 days' notice.
B.2. DECLARANT CONTROL PERIOD RESERVATIONS & LIMITATIONS. For the benefit and protection of owners and mortgagees, and for the purpose of ensuring a complete and orderly buildout and sellout of the Property. Declarant will retain control of the Association, subject to the following: B.2.1. Duration. The duration of the Declarant Control Period will be from the date this Declaration is recorded for a maximum period not to exceed the carlier of (a) 3 years after the date of recording this Declaration; (b) within 120 days after the conveyance of 75 percent of the units that may be created (including property subject to annexation) to owners other than Declarant; or (c) when, in the sole opinion of Declarant, the Association is viable, self-supporting, and operational.
B.2.2.
Officers & Directors. During the Declarant Control Period, the Board may consist of 3 persons. Declarant may appoint, remove, and replace any officer or director of the Association, none of whom need be members or owners, and each of whom is indemnified by the Association as a "Leader," subject to the following limitation. Within 120 days after the conveyance of 50 percent of the units that may be created (including property subject to annexation, if any) to owners other than Declarant, at least one-third of the board must be elected by owners other than Declarant.
B.2.3. Organizational Meeting. Before the end of the Declarant Control Period or within 120 days.
after the conveyance of 75 percent of the units to owners other than Declarant, the owners will elect directors to
izational Meeting. Before the end of the Declarant Control Period or within 120 days.
after the conveyance of 75 percent of the units to owners other than Declarant, the owners will elect directors to the board at an organizational meeting of the members of the Association. Declarant or the Association will give written notice of the organizational meeting to an owner of each unit at least 10 days before the meeting.
The board elected at the organizational meeting will elect the officers of the Association not later than 30 days alter the end of the Declarant Control Period.
B.2.4. Obligation for Assessments. Until the Association first levies regular assessments, Declarant must pay all the expenses of the property as they accrue. After the initial levy, the Declarant has the following 2 Z CILTXLAW CLIENTS CLEVELAND, IOE CLEVELAN-001 3321 Rosedale-Condominium Information Statement Exhibit ADeclaration doc Page 39 of 4K 2004112 13228 T 82 144 83 options until the earlier of (1) end of the Declarant Control period or (2) 3 years after the date on which Declarant first conveys a unit: a.
For each unit owned by Declarant, Declarant is liable for special assessments, individual assessments, and deficiency assessments in the same manner as any owTICT.
b.
Alternatively, Declarant will assume responsibility for the difference (the "red ink") between the Association's actual common expenditures and the regular assessments received from owners other than Declarant, and will provide any additional funds necessary to pay actual cash outlays of the Association. On termination of the option period, Declarant must begin paying assessments on each Declarant owned unit according to the unit's allocated interest for assessments.
l cash outlays of the Association. On termination of the option period, Declarant must begin paying assessments on each Declarant owned unit according to the unit's allocated interest for assessments.
B.2.5. Expenses of Declarant. Expenses related to the completion and marketing of the Property will be paid by Declarant and are not expenses of the Association.
B.2.6 Budget Control. During the Declarant Control Period, the right of owners to velo special assessments or increases in regular assessments is not effective and may not be exercised.
B.2.7. Management Contract. If Declarant enters into a professional management contract on behalf of the Association during the Declarant Control Period, the Association has the right to terminate the contract without cause or penalty, but with at least 30 days notice to the manager, at any time after a board elected by the owners takes office.
B.2.8. Common Elements. At or prior to termination of the Declarant Control Period, if title or ownership to any common element is capable of being transferred, Declarant will convey title or ownership to the Association. At the time of conveyance, the common element will be free of encumbrance except for the property taxes, if any, accruing for the year of conveyance. Declarant's conveyance of title or ownership is a ministerial task that does not require and is not subject to acceptance by the Association or the owners.
B.3.
DECLARANT REPRESENTATIONS. Declarant makes the following representations regarding Declarant's development of the Property. The Property is not subject to expansion by phasing. The property is not subject to a right of withdrawal of real property by Declarant. No part of the Property is a leasehold
lopment of the Property. The Property is not subject to expansion by phasing. The property is not subject to a right of withdrawal of real property by Declarant. No part of the Property is a leasehold condominium, as defined by the Act. None of the improvements in the Property are conversion buildings as defined by the Act.
B.4.
DEVELOPMENT PERIOD RIGHTS & RESERVATIONS.
8.4.1. Changes in Development Plan. Declarant may modify the initial development plan to respond to perceived or actual changes and opportunities in the marketplace. Modifications may include, withoul limitation, changes in the sizes, styles, configurations, materials, and appearances of units and common elements.
B.4.2.
Architectural Control. During the Development Period, Declarant has the absolute right to appoint the Architectural Control Committee, consisting of any number of persons who serve at the pleasure of Declarant, and who may be removed and replaced by Declarant. Notwithstanding the foregoing, during the Development Period - after termination of Declarant Control, or carlier if Declarant permits - the board may appoint or serve as a "modifications committee" to respond exclusively to modifications of completed units that are owned by persons other than Declarant. A modifications committee may not involve itself with the approval of new units or common elements.
B.4.3. Transfer Fees. During the Development Period, Declarant may not be required to pay transferrelated and resale certificate fees.
B.4.4.
Statutory Development Rights. As permitted by the Act, Declarant reserves the following Development Rights which may be exercised during the Development Period: (1) to add real property to the
B.4.4.
Statutory Development Rights. As permitted by the Act, Declarant reserves the following Development Rights which may be exercised during the Development Period: (1) to add real property to the Property; (2) to create units, general common elements, and limited common clernents within the Property; (3) 2 CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale-Condominium Information Statement Exhibit A.
Declaration doc Page 40 of 48 2004 112 13229 to subdivide units or convert units into common elements; (4) to withdraw from the Property any portion of the real property marked on the Plat and Plans as "Development Rights Reserved," provided that no unit in the portion to be withdrawn has been conveyed to an owner other than Declarant.
B.4.5. Development Rights Reserved. Regarding portions of the real property shown on the Plat and Plans as "Development Rights Reserved," if any, Declarant makes no assurance as to whether Declarant will exercise its Development Rights, the order in which portions will be developed, or whether all portions will be developed. The exercise of Development Rights as to some portions will not obligate Declarant to exercise them as to other portions.
B.4.6. Amendment. During the Development Period, Declarant may amend this Declaration and the other Documents, without consent of other owners or any mortgagee, for the following limited purposes: a.
To meet the requirements, standards, or recommended guidelines of an Underwriting Lender to enable an institutional or governmental lender to make or purchase mortgage loans on the units.
b.
To correct any defects in the execution of this Declaration or the other Documents.
C.
To add real property to the Property. in the exercise of statutory Development Rights.
d.
loans on the units.
b.
To correct any defects in the execution of this Declaration or the other Documents.
C.
To add real property to the Property. in the exercise of statutory Development Rights.
d.
To create units, general common elements, and limited common elements within the Property, in the exercise of statutory Development Rights.
c.
To subdivide, combine, or reconfigure units or convert units into common elements, in the exercise ol statutory Development rights.
C To resolve conflicts, clarify ambiguities, and to correct misstatements, errors, or omissions in the Documents.
g.
To change the name or entity of Declarant.
h.
For any other purpose, provided the amendment has no material adverse effect on any right of any owner.
B.5.
SPECIAL DECLARANT RIGHTS. As permitted by the Act, Declarant reserves the below-described Special Declarant Rights, to the maximum extent permitted by law, which may be exercised, where applicable, anywhere within the Property during the Development Period. Unless terminated earlier by an amendment to the Declaration executed by Declarant, any Special Declarant Right may be exercised by Declarant so long as Declarant holds a Development Right to create additional units or common elements or Declarant owns a unit, whichever ceases last. Earlier termination of certain rights may occur by statute.
a.
The right to complete or make improvements indicated on the Plat and Plans.
b.
The right to exercise any Development Right permitted by the Act and this Declaration.
C.
d.
The right to use units owned or leased by Declarant as models, storage areas, and offices for the marketing, management, maintenance, customer service, construction, and leasing of the Property.
C.
d.
The right to use units owned or leased by Declarant as models, storage areas, and offices for the marketing, management, maintenance, customer service, construction, and leasing of the Property.
For purposes of promoting identifying, and marketing the Property, Declarant reserves an casement and right to place or install signs, banners, flags, display lighting, potted plants, decorative items, seasonal decorations, temporary window treatments, and seasonal landscaping on the property, including items and locations that are prohibited to other owners and residents Declarant reserves an easement and right to maintain, relocate, replace, or remove the saine from time to time within the Property.
Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale- Condominium Information Statement Exhibit ADeclaration due Page 41 of 4K 2004112 13230 84 85 B.6.
c.
f.
DIFFERENT RULES The developer has rights and privileges to use the property In ways that are not available to other owners and residents.
Declarant has an easement and right of ingress and egress in and through the common elements and units owned or leased by Declarant for purposes of constructing, maintaining, managing, and marketing the Property, and for discharging Declarant's obligations under the Act and this Declaration.
The right to appoint or remove any Declarant-appointed officer or director of the Association during the Declarant Control Period consistent with the Act.
ADDITIONAL EASEMENTS & RIGHTS. Declarant reserves the following casements and rights, exercisable at Declarant's sole discretion, for the duration of the Development Period: B.7.
a.
. b.
C.
d.
C.
f.
The right to grant one or more easements over, across, under, and through the Property for
rcisable at Declarant's sole discretion, for the duration of the Development Period: B.7.
a.
. b.
C.
d.
C.
f.
The right to grant one or more easements over, across, under, and through the Property for utilities serving the common elements or units, including but not limited to water, sewer, trash removal, electricity, gas, telephone, master or cable television, and security.
An easement and right to erect, construct, and maintain on and in the common elements and units owned or leased by Declarant whatever Declarant determines to be necessary or advisable in connection with the construction, completion, management, maintenance, and marketing of the Property.
The right to sell or lease any unit owned by Declarant. Units owned by Declarant are not subject to leasing or occupancy restrictions or prohibitions contained elsewhere in this Declaration or the other Documents.
The right of entry and access to all units to perform warranty-related work, if any, for the benefit of the unit being entered, adjoining units, or common elements. Requests for entry must be made in advance for a time reasonably convenient for the owner who may not unreasonably withhold consent.
An easement and right to make structural changes and alterations on common elements and units used by Declarant as models and offices, as may be necessary to adapt them to the uses permitted herein. Declarant, at Declarant's sole expense, will restore altered common elements and units to conform to the architectural standards of the property. The restoration will be done within 180 days after termination of the Development Period.
The right to provide a reasonable means of access for the homebuying public through the gated or locked entrances in connection with the active marketing of units by Declarant.
the Development Period.
The right to provide a reasonable means of access for the homebuying public through the gated or locked entrances in connection with the active marketing of units by Declarant.
including the right to require that the doors or gates be kept open during certain hours or on certain days.
WORKING CAPITAL FUND. Declarant may establish a working capital fund for the Association in an amount that is at least equal to 2 months of regular assessments for all units. If Declarant establishes this fund, each unit's contribution will be collected when the sale of the unit closes or on termination of the Declarant Control Period, whichever occurs first. Contributions to the fund are not advance payments of regular assessments and are not refundable. Not later than termination of the Declarant Control Period, the full funded working capital fund will be transferred to the Association for deposit to a segregated fund. During the Declarant Control Period, the fund may not be used to pay the Association's operational expenses. Declarant may not use the fund to defray Declarant's expenses, reserve contributions, or construction costs, or to cover the Association's budget deficits during the Declarant control Period. If Declarant has unsold units on termination 7. CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001-3321 Rosedale Condominium Information Statement Exhibit ADeclaration doc Page 42 of 48 2004 112 13231 of the Declarant Control Period, Declarant may reimburse itself for a unit's pre-paid contributions from monies collected at the unit's closing.
B.8.
SUCCESSOR DECLARANT. Declarant may designate one or more successor Declarants for specified designated purposes and/or for specified portions of the Property, or for all purposes and all of the Property. To
SOR DECLARANT. Declarant may designate one or more successor Declarants for specified designated purposes and/or for specified portions of the Property, or for all purposes and all of the Property. To be effective, the designation must be in writing, signed and acknowledged by Declarant and Successor Declarant, and recorded in the Real Property Records of Dallas County, Texas. Declarant (or Successor Declarant) may subject the designation of Successor Declarant to limitations and reservations. Unless the designation of Successor Declarant provides otherwise, a Successor Declarant has the rights of Declarant under this Section and may designate further Successor Declarants.
[End of Appendix B] Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3121 Rosedale Condominiums Information Statement Exhibit A.
Declaration doc Page 43 of Ax 2004 12 13232 2004 12 13233 APPENDIX C SCHEDULE OF ALLOCATED INTERESTS THE 3321 ROSEDALE CONDOMINIUMS APPROXIMATE SQ. FT. OF UNIT PRE-CONSTRUCTION FLOORPLAN PERCENTAGE COMMON ELEMENT OWNERSHIP PERCENTAGE LIABILITY FOR WEIGH COMMON EXPENSES T OF VOTE 1800 25.0 25.0 1 2 1800 25.0 25.0 3 1800 25.0 25.0 4 1800 25.0 25.0 4 UNITS 100 100 4 PERCENT PERCENT VOTES Z. CLI.TXLAW CLIENTS CLEVELAND, JOE CLEVELAN-0013321 Rosedale Condominium Information Statement Exhibit ADeclaration doc Page 44 of 4x 87 APPENDIX D PLATS AND PLANS THE 3321 ROSEDALE CONDOMINIUMS TO BE ADDED BEFORE RECORDING 7 CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001-3321 Rusedale Condominium Information Statement Exhibit ADeclaration.doc Page 45 of 4k 2004 112 13234 88 APPENDIX E EASEMENTS AND LICENSES A description of and the recording data for recorded easements, licenses, restrictions, liens, leases, or
t Exhibit ADeclaration.doc Page 45 of 4k 2004 112 13234 88 APPENDIX E EASEMENTS AND LICENSES A description of and the recording data for recorded easements, licenses, restrictions, liens, leases, or encumbrances appurtenant to or included in the Property or to which any portion of the Property is or may become subject by reservation in this Declaration, include the following: 1.
Deed of Trust, security Agreement and Assignment of Rents, recorded in Volume Real Property Records, Dallas County, Texas Page_ 2004 12 13235 TO BE COMPLETED BEFORE RECORDING Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale-Condominium Information Statement Exhibit ADeclaration.doc Page 46 of 48 89 TO BE COMPLETED BEFORE RECORDING APPENDIX F ASSIGNMENT OF PARKING SPACES THE 3321 ROSEDALE CONDOMINIUMS UNIT 1 2 3 4 ASSIGNED PARKING SPACE TO BE COMPLETED BEFORE RECORDING Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale Condominium Information Statement fixhibit ADeclaraikin doc Page 47 of 4x 2004112 13236 34 2004 112 13237 J.
APPENDIX G LIENHOLDER CONSENT TO DECLARATION Bank is a banking institution whose address is, Bank holds a promissory note signed by The promissory note is secured by a deed of trust lien against real property that includes the property described in Appendix A of this Declaration. The deed of trust was recorded on Real Property Records, Dallas County, Texas.
By signing this instrument, , 2003, in Volume , Page Bank consents to the recording of the Declaration of The 3321 ROSEDALE Condominiums, which will not be extinguished by foreclosure of any lien assigned to or for the benefit of Bank.
Signed on the day of By: 2003.
Printed Name: Title: THE STATE OF TEXAS S COUNTY OF DALLAS S This instruinent was acknowledged before me on the 2003. by
any lien assigned to or for the benefit of Bank.
Signed on the day of By: 2003.
Printed Name: Title: THE STATE OF TEXAS S COUNTY OF DALLAS S This instruinent was acknowledged before me on the 2003. by institution, on behalf of the banking institution.
BANK, a banking institution day of or Bank, a banking Notary Public, The State of Texas Z. CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale. Comdonuntun Information Statement Exhibit ADeclaration doc Page 48 of 4% 91 CONDOMINIUM INFORMATION STATEMENT EXHIBIT C ARTICLES OF INCORPORATION 3321 ROSEDALE CONDOMINIUMS Z CILTXLAW CLIENTS CLEVELAND, JOF CLEVELAN-001 3321 Rosedale- Condominium Infonnation Statement Exhibit C Articles of Incorporation doc Page 1 of 5 2004 112 13256 ARTICLES OF INCORPORATION OF THE 3321 ROSEDALE CONDOMINIUM ASSOCIATION A Texas Nonprofit Corporation I, the undersigned natural person over the age of eighteen years, acting as incorporator of a corporation under the Texas Nonprofit Corporation Act, do hereby adopt the following Articles of Incorporation for the corporation: ARTICLE 1. PROPERTY. These Articles of Incorporation pertain to The 3321 Rosedale Condominiums located at 3321 Rosedale Avenue in the City of Dallas, Dallas County, Texas.
ARTICLE 2. DECLARATION. The Property is or will be subject to the Declaration of The 3321 Rosedale Condominiums, recorded or to be recorded in the Real Property Records of Dallas County, Texas, as amended from time to time (the "Declaration").
ARTICLE 3. ASSOCIATION. The corporation is the unit owners' association; organized pursuant to Section 82.101, Texas Uniform Condominium Act, which is defined as the "Association" in the Declaration.
ARTICLE 4. NAME. The name of the Association is The 3321 Rosedale Condominium Association.
t to Section 82.101, Texas Uniform Condominium Act, which is defined as the "Association" in the Declaration.
ARTICLE 4. NAME. The name of the Association is The 3321 Rosedale Condominium Association.
ARTICLE 5. NONPROFIT. The Association is a nonprofit corporation organized pursuant to the Texas Nonprofit Corporation Act.
ARTICLE 6. DURATION. The duration of the Association is perpetual.
ARTICLE 7. PURPOSES. The general purposes for which the Association is formed are to exercise the rights and powers and to perform the duties and obligations of the Association, in accordance with the Declaration, the Bylaws of the Association, and State law, including the Texas Uniform Condominium Act, as each may be amended from time to time.
ARTICLE 8. POWERS. In furtherance of its purposes, the Association has the following powers which, unless indicated otherwise by these articles, the Declaration, the Bylaws, or State law, may be exercised by the board of directors: (1) all rights and powers conferred on nonprofit corporations by State law in effect from time to time; (2) all rights and powers conferred on condominium associations by State law, including the Texas Uniform Condominium Act, in effect from time to time; (3) all powers necessary, appropriate, or advisable to perform any purpose or duty of the Association as set out in these articles, the Bylaws, the Declaration, or State law.
ARTICLE 9. MEMBERSHIP. The Association is a nonstock membership corporation.
The Declaration and Bylaws will determine the number and qualifications of members of the Association; any classes of membership; the voting rights and other privileges of membership; and the obligations and liabilities of members. Cumulative voting is not allowed.
ations of members of the Association; any classes of membership; the voting rights and other privileges of membership; and the obligations and liabilities of members. Cumulative voting is not allowed.
ARTICLE 10. MANAGEMENT BY BOARD. The management and affairs of the Association are vested in the board of directors, except for those matters expressly reserved to others in the Declaration and Bylaws. The Bylaws may determine the number and qualification Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale Condominium Information Statement Lahibi C- Anicles of Incorporation doe Page 2 of 5 2004 112 13257 علم الورف of directors; the term of office of directors; the methods of electing, removing, and replacing directors; and the methods of holding a board meeting and obtaining consents.
ARTICLE 11. DECLARANT CONTROL PERIOD. The Declaration provides for a Declarant Control Period during which the number, qualification, appointment, removal, and replacement of directors are governed by the Declarant's reservations in Appendix B of the Declaration.
ARTICLE 12. LIMITATIONS ON LIABILITY. a. Except as provided in Paragraph b below, an officer or director of the Association is not liable to the Association or its members for monetary damages for acts or omissions that occur in the person's capacity as an officer or director, except to the extent a person is found liable for (1) a breach of the officer or director's, duty of loyalty to the Association or its members; (2) an act or omission not in good faith that constitutes a breach of duty of the officer or director to the Association; (3) an act or omission that involves intentional misconduct or a knowing violation of the law; (4) a transaction from
h that constitutes a breach of duty of the officer or director to the Association; (3) an act or omission that involves intentional misconduct or a knowing violation of the law; (4) a transaction from which the officer or director receives an improper benefit, whether or not the benefit resulted from an action taken within the scope of the person's office; or (5) an act or omission for which the liability of an officer or director is expressly provided by an applicable statute. The liability of officers and directors of the Association may also be limited by the Charitable Immunity and Liability Act of 1987, Chapter 84, Texas Civil Practice and Remedies Code, as amended.
b. The limitation on the liability of an officer or director does not eliminate or modify that person's liability as a member of the Association. The liability of a member arising out of a contract made by the Association, or out of the indemnification of officers or directors, or for damages as a result of injuries arising in connection with the common elements, or for liabilities incurred by the Association, will be limited to the same proportion for which he is liable for common expenses as a member of the Association.
ARTICLE 13. INDEMNIFICATION. Subject to the limitations and requirements of Art.
1396- 2.22A of the Texas Nonprofit Corporation Act, the Association will indemnify a person who was, is, or is threatened to be made a named defendant or respondent in a proceeding because the person is or was an officer or director of the Association. Additionally, the Association may indemnify a person who is or was an employee, trustee, agent, or attorney of the Association, against any liability asserted against him and incurred by him in that capacity and arising out of that capacity.
:
a person who is or was an employee, trustee, agent, or attorney of the Association, against any liability asserted against him and incurred by him in that capacity and arising out of that capacity.
: ARTICLE 14. AMENDMENT OF ARTICLES. These articles may be amended in accordance with the Texas Nonprofit Corporation Act, subject to the following: (1) an amendment may not conflict with the Declaration or the Texas Uniform Condominium Act, (2) an amendment may not impair or dilute a right granted to a person by the Declaration, without that person's written consent, and (3) without member approval, the board of directors may adopt amendments permitted by Art. 1396-4.02.A(4) of the Texas Nonprofit Corporation Act.
ARTICLE 15. AMENDMENT OF BYLAWS. The Bylaws of the Association may be amended or repealed according to the amendment provision of the Bylaws, which may reserve those powers to the members, exclusively.
ARTICLE 16. DISSOLUTION. The Association may be dissolved only as provided in the Declaration, Bylaws, and by State law. On dissolution, the assets of the Association will be distributed in accordance with the Declaration provision for distribution upon termination. If the Z. CLLTXLAW CLINTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale- Condominium Information Statement-l:xhibit C - Articles of Incorporation doc Page 3 of 5 2604112 13258 Declaration has no such provision, then in accordance with the termination provision of the Texas Uniform Condominium Act.
ARTICLE 17. ACTION WITHOUT MEETING. Pursuant to Article 1396-9.10.C. of the Texas Nonprofit Corporation Act, any action required by the Texas Nonprofit Corporation Act to be taken at a meeting of the members or directors, or any action that may be taken at a meeting
C. of the Texas Nonprofit Corporation Act, any action required by the Texas Nonprofit Corporation Act to be taken at a meeting of the members or directors, or any action that may be taken at a meeting of the members or directors or of any committee may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by a sufficient number of members, directors, or committee members as would be necessary to take that action at a meeting at which all of the members, directors, or members of the committee were present and voted.
ARTICLE 18. INITIAL BOARD OF DIRECTORS. The initial board consists of 4 directors who will serve as directors until their successors are elected and qualified, as provided in the Bylaws. The name and address of each initial director is as follows: Name Josiah Cleveland Eric Grossman Conor Forrest Andrew McShane Address Dominique, Dallas, Texas 75214 2403 Farrington, Dallas, Texas 75207 2540 Inadale Avenue, Dallas, Texas 75228 4311 Livingston, Dallas, Texas 75205 ARTICLE 19. INITIAL-REGISTERE-D AGENT. The name of the Association's initial registered agent is Cafiero, Lenahan, & Lafuente, P.C.
ARTICLE 20. OFFICE OF INITIAL REGISTERED AGENT. The address of the Association's initial registered agent is 3838 Oak Lawn Avenue, Suite 920, Dallas, Texas 75219.
ARTICLE 21. INCORPORATOR. The name of the incorporator is Cameron Charles Lenahan. The incorporator's address is c/o Cafiero, Lenahan, & Lafuente, P.C., Oak Lawn Avenue, Suite 920, Dallas, Texas 75219.
SIGNED this 15 day of The 2004 Caz 2 Cameron Charles Lean 2004 112 13259 Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale- Condominiums Information Statement Exhibit C. Anicles of Incorporation.doc Page 4 of 5 THE STATE OF TEXAS § § § COUNTY OF DALLAS
112 13259 Z CLLTXLAW CLIENTS CLEVELAND, JOE CLEVELAN-001 3321 Rosedale- Condominiums Information Statement Exhibit C. Anicles of Incorporation.doc Page 4 of 5 THE STATE OF TEXAS § § § COUNTY OF DALLAS This instrument was acknowledged before me on this 10 day of.
Cameron Charles Lenahan.
my commission Expires: 5/28/08 June 2004 by mich-h Notary Public, The State of Texas Z CLLTXLAW CLIENTS (IFVELAND, JOE CLEVELAN-0013321 Rosedale- Condominium Information Statement Exhibit C-Articles of Incorporation doc Page 5 of 5 2004 112 13260