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ELECTRONICALLY RECORDED 201800041866 02/15/2018 03:43:34 PM CONDOMINIUM 1/61 Grok DECLARATION OF og IYOr¥Co002 ALTA VISTA EAST TOWNHOME CONDOMINIUMS This Declaration of Alta Vista East Townhome Condominiums is made by Matilda Apartments, L.P., a Texas limited partnership ("Declarant"), on the date signed below. Declarant owns the real property located in Dallas County, Texas and 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 Code, for the purpose of creating Alta Vista East Townhome Condominiums.

Declarant has developed the real property with a residential condominium which/$k Vista East Townhome Condominiums. Declarant desires to provide for the preservatig attractiveness of Alta Vista East Townhome Condominiums. As required by State a condominium association to perform the functions and activities more fully des Declarant declares that the property described in Appen conveyed, leased, occupied, used, insured, and encumbered subje restrictions, and easements of this Declaration, including Declarant's g a attached Appendix B, which run with the real property ai d all parties having or acquiring any right, title, or interest in the property, their heirs, successors, and s, and inure to the benefit of each owner of the property.

1.1. "Act" mean Code, as it may be amended Tt "Architectural Reviewer" means the entity having jurisdiction over a particular application for architectural approval. During the Development Period, the Architectural Reviewer is Declarant or Declarant's designee. Thereafter, the Association's board of directors, or its designee, is the

on for architectural approval. During the Development Period, the Architectural Reviewer is Declarant or Declarant's designee. Thereafter, the Association's board of directors, or its designee, is the Architectural Reviewer.

1.4. "Assessment" means any charge levied against a unit or owner by the Association, pursuant to the Governing Documents, the Act, or other public law, including but not limited to Regular Assessments, Utility Assessments, Special Assessments, Individual Assessments, and Deficiency Assessments, as defined in Article 5 of this Declaration.

1.5. "Association" means the association of owners of all units in the Property and serving as the "association" defined by the Act, and as the "property owners' association" defined in applicable law, such as Section 202.001(2) of the Texas Property Code. The initial name of the Association is Alta Vista East Townhome Condominium Association.

1.6. "Board" means the board of directors of the Association.

1.7. "Bylaws" means the bylaws of the Association, as they may be amended fro: e to time.

1.8. "Common Element" means all of the Property, save and except the 0 Elements are "General Common Elements" except, if any, "Limited Common Elept the Community Manual, this Declaration controls.

1.10. "Declarant" means Matilda Apartments, L-P., successor and assign, in a recorded document.

i 6cyument.

‘"Mortgagee" means a holder, insurer, or guarantor of a purchase money mortgage secured ~ bya mone’ senior or first deed of trust lien against a unit.

1.18. | "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 title to a unit

1.18. | "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 title 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.

1.19. "Property" means all the land subject to this Declaration and all improvements, easements, rights, and appurtenances to the land. The name of the Property is Alta Vista East Townhome Condominiums. The Property is located entirely in the City of Dallas, Dallas County, Texas. The Property is located on land described in Appendix A to this Declaration, and includes every unit and common element thereon.

1.20. "Resident" means an occupant of a unit, regardless of whether the person owns the unit.

_ 1.23. "Unit" means a physical portion of operty designated by this Declaration for separate ownership, the boundaries of which are shown on t and Plans attached hereto as Appendix D, as further described in the Unit Boundaries Section oft tion.

PROPERTY SUB CUMENTS 2.1. . AheNéal property described in Appendix A is held, transferred, sold, conveyed, leasg f Ag ed, used, insured, and encumbered subject to the terms, pny aad easements of this Declaration, including Declarant!'s having or acquiring any righ yonnteresMn the Property, their heirs, successors, and assigns, and inure to the benefit of each owner 6 5 al allocated votes. On merger or consolidation of the ‘Association with another

ring any righ yonnteresMn the Property, their heirs, successors, and assigns, and inure to the benefit of each owner 6 5 al allocated votes. On merger or consolidation of the ‘Association with another ights, and obligations of another association may, by operation of law, be added and obligations of the Association as a surviving corporation pursuant to the the Property, together with the covenants and restrictions established on any other fs jurisdiction. No merger or consolidation, however, will effect a revocation, change, or additioiNg the’covenants established by this Declaration within the Property.

Dede RECORDED EASEMENTS AND LICENSES. In addition to the easements and restrictions contained in this Declaration, the Property is subject to all easements, licenses, leases, and encumbrances of record, including those described in the attached Appendix E, and any shown or referenced on a recorded plat, each 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 in the instrument of conveyance, covenants and agrees to be bound by prior-recorded easements, licenses, leases, and encumbrances. Each owner further agrees to maintain any easement that crosses his unit and for which the Association does not have express responsibility.

ARTICLE 3 PROPERTY EASEMENTS AND RIGHTS 3.1. GENERAL. In addition to other easements and rights established by the Governing Documents, the Property is subject to the easements and rights contained in this Article.

Bid: OWNER'S EASEMENT OF ENJOYMENT. Every owner is granted a right and egSeément of enjoyment over the general common elements and to use of improvements therein, subject to 9 gfanted ment over

ticle.

Bid: OWNER'S EASEMENT OF ENJOYMENT. Every owner is granted a right and egSeément of enjoyment over the general common elements and to use of improvements therein, subject to 9 gfanted ment over adjoining units and common elements for the maintenance or reconstruction co) t, Sk evehts, and provided eof the adjoining unit or common element. Requests for entry to an adjoining unit or comman elemant}will be made in advance easement, the owner is obligated gense, within a ‘neasonable aeues of time.

EIMENT. Every owner is granted an easement for Wy his unit on any adjoining unit or common element ables, conduit, and pipes serving one unit may run through another unit. For the h owner covenants and agrees as follows: ¥.6.1. Owner Grants Easement. Each owner hereby grants an easement across and throug his unit - as necessary - for the support, maintenance, repair, replacement, and improvement of wires, cables, conduit, and pipes as initially installed or replacements thereof, that serve another unit, but only to the extent that use of this easement is reasonable and necessary.

The owner of a unit containing wire, cables, conduit, or pipes that serve one or more other units or common elements has a duty to refrain from interfering with or damaging those items.

3.6.2. Owner Benefitted by Easement. Every owner is granted an access easement over adjoining units and common elements for the support, maintenance, repair, reconstruction, or improvement of his unit, provided exercise of the easement does not damage or materially interfere with the use of the adjoining unit or common element.

3.6.3. Permission. Requests for entry to an adjoining unit or common element must be made to the owner of the adjoining unit, or the Association in the case of common elements, in

t or common element.

3.6.3. Permission. Requests for entry to an adjoining unit or common element must be made to the owner of the adjoining unit, or the Association in the case of common elements, in advance for a time reasonably convenient for the adjoining owner. 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.

3.6.4. Bona Fide Need. This Section anticipates that an owner's need for acces to an adjoining unit will rarely if ever occur, and that the necessity will be determined b a. To perform inspections and/or maintenapcé by the Governing Documents or by appli b. To perform maintenance that is p Cc. To enforce the standards and use restric fo perform any and all functions or duties of the Association as permitted or required by ening Documents or by applicable law.

8. 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 easement 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.

y 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.

3.9. SECURITY. The Association may, but is not obligated to, maintain or support certain activities within the Property designed, either directly or indirectly, to improve safety in or on the Property.

Each owner and resident acknowledges and agrees, for himself and his guests, that Declarant, the Association, and their 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 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 ifnplied, including any warranty of merchantability or fitness for any particular purpose, relative to any fire and/or intrusion systems recommended or installed, or any security measures undertake ?

ationNa respective directors, officers, committees, agents, and employees may not be held ligt SCCUMI undertaken.

3.10. RISK. Each resident uses all common areas at his o and unsupervised. Each resident is solely responsible for his o ZF é Association disclaims any and all liability or responsibility for injy b Occurring from use of the common areas. a 3.11.

uSTisht. Declarant will promptly repair, at its sole

responsible for his o ZF é Association disclaims any and all liability or responsibility for injy b Occurring from use of the common areas. a 3.11.

uSTisht. Declarant will promptly repair, at its sole expense, any damage resulting from jhe ex€ Aits‘tight. By way of illustration but not limitation, relocation of a utility meter may bewartanted yy a ¢hange of circumstance, imprecise siting of the original an attached as Appendix D. The maximum number of units that the Declarant reserves the 8. The boundaries are further described as follows: 4.1.1. Lower Boundary. The top surface of the concrete slab foundation is the horizontal plane defining the unit's lower boundary. In other words, the concrete slab foundation is a Common Element. Anything on or affixed to the top of the slab is part of the unit.

4.1.2. Upper Boundary. The bottom or inside surface of the roof sheathing is the unit's upper horizontal boundary.

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 the perimeter walls; and (2) the interior (inside) surfaces of window glass and window frames. 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. Garages. The garage that is on the ground floor of the unit is part of the 4.1.6. Rooftop Decks. The rooftop deck that is attached to the living

perimeter walls are part of the common element.

4.1.5. Garages. The garage that is on the ground floor of the unit is part of the 4.1.6. Rooftop Decks. The rooftop deck that is attached to the living which is accessed via the unit's living area is part of the unit. The boundaries o, including, for example, wood decking, wood siding, stucco walls, awnings.

4.1.7. Inconsistency with Plans. If this Sectiog inconsistent with the Plats and Plans, then this Section will 4.1.8. What the Unit Includes. Each the above-described vertical and horizontal boun windows, window screens and frames, exterior deo attic area, firebox and fireplace flue. Each uni the unit exclusively, whether located ey or not attached to or contiguous with the ica daries of the unit, including the following: chimneys, water heaters, air conditios icity meter, fuse box, electrical switches, wiring, ludes thé-spaeés and improvements within the unit including without limitation any 4s, telephone and electrical receptacles, heating and yy other utility-related item from the point of its connection er words, in addition to the inside of his unit, an owner also 8 of the Property that exclusively serve the unit even though of the unit.

ize-Of Floorplan" stated in Appendix C of this Declaration refers to a rounded calculation for a prototype floorplan drawn by a design professional. The numbers in the "Relative Size of Floorplan" column are not intended to be accurate statements of actual sizes of units. Amendment of Appendix C requires the consent of owners representing at least 67 percent of the ownership interests, including the owner of every unit whose allocated interest would be changed by the amendment.

4.2. ROOF AS UNIT COMPONENT. The rooftop area of each unit and which is accessed via

ownership interests, including the owner of every unit whose allocated interest would be changed by the amendment.

4.2. ROOF AS UNIT COMPONENT. The rooftop area of each unit and which is accessed via the unit's living area is part of the unit ownership but is not included in any calculation of unit size.

4.3. PARKING SPACES AS UNIT COMPONENT. As shown on the Plats and Plans attached to this Declaration as Appendix D, each unit has two parking spaces that are part of the unit.

4.4. COMMON ELEMENTS. The common elements of the Property consist of all of the Property, save and except the units. As a general rule, all of the common elements are owned collectively by the unit owners - the Association, as a legal entity, does not own the common elements.

4.4.1. Maintenance. The designation of common elements is determined ¢ including maintenance, insurance, and enhancements, are automatically the Association, unless this Declaration elsewhere provides for a different al common element.

4.4.2. Acceptance. By accepting an interest in or task that does not require acceptance by the Associa and (4) to acknowledge the continuity of maintenance of the common elements, regardlessofs asi n the Association's board of directors particular use for.a general common elemey ps wotNumit or determine the actual use of the general common element by the ney Pfoperty that are not units are common elements, whether or not they are so label mn. Also, all common elements that are not limited OT snterests are to be allocated or reallocated. The parties executing the 1 copy of the amendment to the Association, which will record it, eyehce and must be recorded and indexed in the names of the parties and the will specify to which unit or units the limited common element is allocated. The

t to the Association, which will record it, eyehce and must be recorded and indexed in the names of the parties and the will specify to which unit or units the limited common element is allocated. The interests‘efeath unit is attached as Appendix C. The interests allocated to each unit are calculated by the following formulas.

4.7.1. Common Element Interests. The percentage of undivided interest in the common elements allocated to each unit is equal to a percentage (calculated as a fraction and rounded to the nearest 100") where the numerator is the number of square feet within the unit and the denominator is the total number of square feet of all the units (27,934).

4.7.2. Common Expense Liabilities. The percentage of liability for common expenses allocated to each unit is based on the same formula for common element interests.

4.7.3. 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.

ARTICLE 5 COVENANT FOR ASSESSMENTS 5.1. PURPOSE OF ASSESSMENTS. The Association will use assessments for Ahe 3 or Association, and any expense reasonably related to the purposes for which the Prope made in good faith, the board's decision with respect to the use of assessments is fing 5.2 PERSONAL OBLIGATION. An owner is obligated to.pay & ped by the board against the owner or his unit. Payments are made to the Assogf at its\prinefpdl office or at any other place the board directs. Payments must be made in full regard ether ar owner has a dispute with the Association, another owner, or any other person or entity te ing gny matter to which this Declaration pertains. No owner may exempt himself from his assessyettli by waiver of the use or

spute with the Association, another owner, or any other person or entity te ing gny matter to which this Declaration pertains. No owner may exempt himself from his assessyettli by waiver of the use or enjoyment of the common elements or common serviceg, andenarent of his unit. An owner's obligation is not subject to offset by the owner, nor is it contis on the Association's performance of the Association's duties. Payment of assessments is both a-edntins ffirmative covenant personal to the be amended without the approval of owners yé In addition to other rights granted tg Declaration, owners have the following powers and S 0“dzys prior to the effective date of a special assessment will notify an owner of each unit of the amount of, the p special assessment or increase. The special assessment or , 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.

b. Utilities billed to the Association.

c. Services obtained by the Association and available to all units.

d. Taxes on property owned by the Association and the Association's income taxes.

e. Management, legal, accounting, auditing, and professional fees for services to the Association.

f. Costs of operating the Association, such as telephone, postage, office supplies, printing, meeting expenses, and educational opportunities of benefit to the Associ: g. Insurance premiums and deductibles.

h. Contributions to the reserve funds.

i Any other expense which the Association is required operation and maintenance of the Property or

benefit to the Associ: g. Insurance premiums and deductibles.

h. Contributions to the reserve funds.

i Any other expense which the Association is required operation and maintenance of the Property or Documents.

he estimatediatome and common expenses thon for uncollected receivables. The board er ef each unit, although failure to receive gassessments. The board will provide ‘quest and pay a reasonable copy charge.

g gular assessments will be based on the annual , mi i i are er than regular assessments. Each unit will be liable for its allocated shggé aynttaL-Hudget. If the board does not approve an annual budget . cop essffents for any year, or delays in doing so, owners will continue to pay the régulat a s last determined.

regular assessm the year, the b efits-are ‘ky ient to cover the estimated common expenses for the remainder of afd my ncrease regular assessments for the remainder of the fiscal year in an ers he’ estimated deficiency.

maz etéxéd by or through the Association. In addition to regular assessments, the board may i essment against each unit. If the units are submetered for consumption of a utility, the allocate theAssociation's utility charges among the units by any conventional method for similar types of properties. The levy of a utility assessment may include a share of the utilities for the common elements and an allocation of any other charges that are incurred by the Association in connection with utility or submetering services. The board may, from time to time, change the method allocation, provided the same type of method or combination of methods is used for all units.

5.7. SPECIAL ASSESSMENTS. In addition to regular and utility assessments, and subject to

change the method allocation, provided the same type of method or combination of methods is used for all units.

5.7. SPECIAL ASSESSMENTS. In addition to regular and utility assessments, and subject to the owners' control for assessment increases, the board may levy one or more special assessments against 10 all units for the purpose of defraying, in whole or in part, common expenses not anticipated by the annual budget or reserve 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.

or condemnation awards prove insufficient.

5.10. DUEDATE. Regular assessm delinquent if not received by the Association 0 individual assessments are due on the date stated erVes. The Association may maintain operations reserves at a level ‘be sufficient to cover the cost of operational or maintenance emergencies of é gencies, including deductibles on-insurance policies maintained by the Association years aftér-términation of the Declarant Control Period, Declarant reserves for itself and for Declarant's accountants and attorneys, the right, but not the duty, to inspect, correct, and adjust the Association financial records and accounts from the Declarant Control Period. The Association may not refuse to accept an

nd attorneys, the right, but not the duty, to inspect, correct, and adjust the Association financial records and accounts from the Declarant Control Period. The Association may not refuse to accept an adjusting or correcting payment made by or for the benefit of Declarant. By way of illustration but not limitation, Declarant may find it necessary to recharacterize an expense or payment to conform to Declarant's obligations under the Governing Documents or applicable State law. This Section may not be construed to create a duty for Declarant or a right for the Association, and may not be amended without Declarant's written and acknowledged consent. In support of this reservation, each owner, by accepting an 11 interest in or title to a unit, hereby grants to Declarant a right of access to the Association's books and records that is independent of Declarant's rights during the Declarant Control and Development Periods.

5.13. 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 sub¢fdinate and inferior to the rights of the owners hereunder.

5.14. LIMITATIONS OF INTEREST. The Association, and its officers, dirgCtors matrag 15. he expensts,fees, charges, and contributions

are sub¢fdinate and inferior to the rights of the owners hereunder.

5.14. LIMITATIONS OF INTEREST. The Association, and its officers, dirgCtors matrag 15. he expensts,fees, charges, and contributions (hereafter, collectively, the "HOA Sale Fees") that are charge the Association or its manager, and that arise at the time of a home's sale or purchase. As used in thtsSe . "HOA Sale Fees" does not include a buyer's prepaid and/or pro-rata assessments. HO efundable by the Association or the Association's manager, and may not be regard pre eyt of or credit against assessments. HOA Sale Fees generally fall into two types of catego ghhancing fees, such as contributions to the reserve or operating funds of the Association-amt istfative fees, such as fees for resale certificates; estoppel certificates, copies of goverping décrimengs pliance inspections, ownership record changes and priority processing. oD 5.15.1. Notig es. The Association will publicly record a Notice of HOA Sale Fees. The initia recorded independer raéd with this Declaration as an Appendix. The Notice may be glaration, and may be recorded as part of the Management ~orfhanaging agent (collectively, "Manager"), pursuant to a contract between hd the manager, and provided there is no duplication of fees by type or amount piber, types, and amounts of HOA Sale Fees charged by a manager (1) must have the ten approval of the board, (2) are not subject to the Association's assessment lien, (3) pé not payable by the Association unless the management contract so stipulates.

5.15.3. Amendment of Notice. Although the initial Notice of HOA Sale Fees is recorded as an appendix of this Declaration, the Notice is not subject to the amendment requirements of this

so stipulates.

5.15.3. Amendment of Notice. Although the initial Notice of HOA Sale Fees is recorded as an appendix of this Declaration, the Notice is not subject to the amendment requirements of this Declaration. After the Development Period, the board, without a vote of the owners, may amend the Notice of HOA Sale Fees for the following two purposes: (1) to change a stated amount or formula for an HOA Sale Fee, or (2) to conform the Notice of HOA Sale Fees with applicable law regarding HOA Sale Fees. Any other amendment of the Notice requires the approval of owners of two-thirds of the units represented at a meeting of the Association at which a quorum is present, 12 provided notice of the proposed amendment is given with the notice of meeting. During the Development Period, the Notice of HOA Sale Fees may be unilaterally amended by Declarant.

5.15.4. Effective. To be effective, an amendment or restatement of the Notice of HOA Sale Fees must be in the form of a written instrument (1) referencing the name of the Property, the name of the Association, the recording data of this Declaration, and the recording data of the most recent previously recorded Notice of HOA Sale Fees, (2) signed and acknowledged by Declarant during the Development Period, and thereafter by an officer of the Association, certifying the requisite approval of owners or directors, and (3) recorded in the Official Public Records of Dg County, Texas.

5.15.5. Applicability. If the amended or restated Notice of HOA Sale pe overall reduction of HOA Sale Fees for a conveyance that is pending at the timg publicly recorded. If the amended or restated Notice of HOA Sale Fees reg of HOA Sale Fees for the unit being conveyed, the increase amount is

OA Sale Fees for a conveyance that is pending at the timg publicly recorded. If the amended or restated Notice of HOA Sale Fees reg of HOA Sale Fees for the unit being conveyed, the increase amount is Fees is publicly recorded, a copy or report of, or electronic 1 of HOA Sale Fees must be delivered or made avai to an oWs ARTICL ASSESSME 6.1. ASSESSMENT LIEN. Each ow or not it is so expressed in the instrument of £6 g an interest in or title to a unit, whether covenants and agrees to pay assessments to the is secured by a continuing lien on the unit. Each e that his title may be subject to the continuing lien for assessments attributable to a date he purchased his unit 6.2 SSMENT LIEN. The assessment lien is superior to all other liens and encumbrances on 4a xcept only for (1) real property taxes and assessments levied by governmental and ta Ss, 2) a deed of trust or vendor's lien recorded before this Declaration, (3) arecorded deed of Fj gcuring a loan for construction of the original unit, and (4) a first or senior vendor's lien or d deed of trust lien recorded before the date on which the delinquent 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 13

xpense.

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 13 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 Official Public Records of Dallas County, Texas. If the debt is cured after a notice has been recorded, the Association will record a release 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 meeting.

6.6. FORECLOSURE OF LIEN. The assessment lien may be e¢ nonjudicial foreclosure. A nonjudicial foreclosure must be conducted in accorfgace provisions applicable to the exercise of powers of sale as set forth in Section 51.002-0f bas B Code, or in An assessment is delinquent if the Assogiati due date. The Association, acting through the Beé 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.

Td: 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

the notice.

Td: 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 elements and common services during the period of delinquency. Services include mastermetered or sub-metered utilities serving the unit. The Association may not suspend an owner or resident's 14 right of access to the unit. Subject to the below-described limitations, the Association may also suspend the owner's right to vote appurtenant to the unit during the period of delinquency. Suspension does not constitute a waiver or discharge of the owner's obligation to pay assessments. When the Association suspends a member's right to vote, the suspended member may nevertheless participate as a member for the following activities: (1) be counted towards a quorum, (2) attend meetings of the Association, (3) participate in discussion at Association meetings, (4) be counted as a petitioner for a special meeting of the Association, and (5) vote to remove a director, and for the replacement of the removed director. If the number of suspended members exceeds 20 percent of the total members (co-owners of a unit constituting one member), all members are eligible to vote. These limitations are imposed to prevent a boaxé disenfranchising a large segment of the membership and to preserve the membership's right to ye replace directors.

7.6. ASSIGNMENT OF RENTS. Every owner hereby grants to the Assog me ptinging assignment of rents to secure the payment of assessments to the Association. If a unit’sacsouat becomes delinquent during a period in which the unit is leased, the Association may diregt‘the.teie

ging assignment of rents to secure the payment of assessments to the Association. If a unit’sacsouat becomes delinquent during a period in which the unit is leased, the Association may diregt‘the.teie to the Association for application to the delinquent account, provided the Associz the tenant to penalties from the owner.

7.7. MONEY JUDGMENT. The Associatiop-ta an owner delinquent in the payment of assessments, withoti assessments. 3 . The Association may adopt and amend policies ociation may refuse to accept partial payment or payment constitute acceptance byrthe™ ation, and that acceptance occurs when the Association posts the payment to the unit's a ARTICLE 8 AINTENANCE AND REPAIR OBLIGATIONS 8.2. OWNER RESPONSIBILITY. Every owner has the following responsibilities and obligations for the maintenance, repair, and replacement of the Property: a. To maintain, repair, and replace his unit.

b. The routine cleaning of any rooftop deck area of his unit.

15 c. To keep the limited common elements appurtenant to his unit in a neat, clean, odorless, orderly, and attractive condition.

d. To maintain, repair, and replace all portions of the Property for which he is responsible under this Declaration or by agreement with the Association.

e. 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 easement or real property right thereto.

f. To be responsible for his own willful or negligent acts and those 3 8.3. SHEETROCK. Notwithstanding anything to the cofi the Association is not responsible for the repair and replacement of ghe€ treatments on the sheetrock, regardless of the source of damage a ability of insurance. This

withstanding anything to the cofi the Association is not responsible for the repair and replacement of ghe€ treatments on the sheetrock, regardless of the source of damage a ability of insurance. This provision is provided for the benefit of the Association and is warts b € difficulty of scheduling interior sheetrock work and the possibility that the owner mé fed-with the quality or appearance of spot repairs. If the Association receives insurance proceed {Ox sheetrock damage to a unit and chooses to not perform the repairs, the owner of the damaged ‘ , or for any surface 8.4. CONCRETE. Minor cracks in p sidewalks, are inevitable as a result of the na during the curing of the concrete, angasith not warrant repair.

of soil (expansion and contraction), shrinkage g. Such minor cracking in poured concrete may 8.5. MOLD. In fhg his Declaration is written, the public and the insurance industry have a heightened aware and sensitivity to anything pertaining to mold. Because many insurance policies do not cove related to mold, owners should be proactive in identifying and E identifying and repairing sources of water leaks in and around the unit. To discourage nf y percent. For more jaforina afout mold, the owner should consult a reliable source, such as the U. S.

8.7. 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 attorney-in-fact to file, negotiate, receive, administer, and distribute the proceeds of any claim against the warranty that pertains to common elements.

8.8. OWNER'S DEFAULT IN MAINTENANCE. If the board determines that an owner has

ate, receive, administer, and distribute the proceeds of any claim against the warranty that pertains to common elements.

8.8. 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 16 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 reasonable 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 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 CONTRG 9.1. PURPOSE. Because the units are part of a single, the right to regulate the exterior design, use, and appearance of the t promote and ensure the level of taste, design, quality, and maintained. Another purpose is to prevent improvements an to be radical, curious, odd, bizarre, or peculiar in compan purpose is to regulate the appearance of every as A including replacements or modifications of ori psifucttion Ar installation. During the Development Period, a primary purpose of this Article is to reserve and Rréesé We Declarant's right of architectural control.

ONTROL. During the Development Period, i Rta ority for the Property, pursuant to the architectural 8 Bevelepment Period, the board or a committee appointed by

clarant's right of architectural control.

ONTROL. During the Development Period, i Rta ority for the Property, pursuant to the architectural 8 Bevelepment Period, the board or a committee appointed by the Property. Whomever exercises architectural control control provisions in Appendix B. Af the board exercises architecpfialy 9.4. PROHIBITION OF CONSTRUCTION, ALTERATION & IMPROVEMENT. Without the Architectural Reviewer'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, or do anything that affects the appearance, use, or structural integrity of the Property.

The Architectural Reviewer 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.

17 9.5. ARCHITECTURAL APPROVAL. To request architectural approval, an owner must make written application and submit to the Architectural Reviewer two identical sets of plans and specifications showing the nature, kind, shape, color, size, materials, and locations of the work to be performed. In support of the application, the owner may but is not required to submit letters of support or non-opposition from owners of units that may be affected by the proposed change. The application must clearly identify any requirement of this Declaration for which a variance is sought. The Architectural Reviewer will return one set of plans and specifications to the applicant marked with the Architectural Reviewer's response, such as "Approved," "Denied," or "More Information Required." The Architectural Reviewer may retain the other set of plans and specifications, together with the application,

tural Reviewer's response, such as "Approved," "Denied," or "More Information Required." The Architectural Reviewer may retain the other set of plans and specifications, together with the application, Association's files. The Architectural Reviewer has the right but not the duty to evaluate eve: 9.5.1. No Verbal Approval. Verbal approval by the Architec Ge Declarant, an Association director or officer, or the Association's manager Ggessno 9.5.2. No Deemed Approval. The failure of the Argf application may not be construed as approval of the applitat approval of the Architectural Reviewer or of the A presumed.

ircumstance may p deemed, implied, or ork that requires a building permit from er is conditioned on the issuance of the alOf plans and specifications does not he governmental body. Alternatively, 9.5.3. Building Permit. If the application 18 a governmental body, approval by the Architecture appropriate permit. The Architectural Reviewé mean that they comply with the j governmental approval does not ensure aj al Reviewer may solicit comments on the ents of units that may be affected by the proposed angé may be visible. Whether to solicit comments, from fer to make the comments available to the applicant is solely 9.5.4. Neighbor ut.

application, including from A R'S DUTIES. If the Architectural Reviewer approves an owner's application, the the improvement, provided: é The owner must adhere strictly to the plans and specifications which accompanied his application.

b. The owner must initiate and complete the improvement in a timely manner.

c. If the approved application is for work that requires a building permit from the city, the owner must obtain the appropriate permit. The Architectural Reviewer's approval

vement in a timely manner.

c. If the approved application is for work that requires a building permit from the city, the owner must obtain the appropriate permit. The Architectural Reviewer'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 approval by the Architectural Reviewer.

18 9.7. CONTROL FOR VARIANCES. This Section of the Declaration may not be amended without the approval of owners of at least 75 percent of the units. If the Architectural Reviewer is considering approval of an application that seeks a variance or which, in the Architectural Reviewer's opinion, would constitute a variance of the Property's established standards, the Architectural Reviewer will so notify the board which, in tum, must notify an owner of each unit of the nature of the proposed variance at least 20 days before the Architectural Reviewer approves the application. The Architectural Reviewer may approve the variance unless owners of at least a majority of the units disapprove the proposed variance by petition or at a meeting of the Association.

9.8. PROHIBITED ACTS. The types of acts that may not be commenced *y Architectural Reviewer's prior written approval include, but are not limited to the followig a. Replacement of windows or doors in unit.

b. Installation of ornamental iron, burglar bars, st C. . Installation of equipment that may creat producing security devices and water pumps.

oyance, such as noised. Installation of a receiving or tram? ing tower, exterior lighting, storage shed, chimney, or skylight.

e. Installation of a sprinkles mig Oro yater-based system.

f. Installation of any hot Soh gLér spa on the rooftop deck.

10 CTIONS

ram? ing tower, exterior lighting, storage shed, chimney, or skylight.

e. Installation of a sprinkles mig Oro yater-based system.

f. Installation of any hot Soh gLér spa on the rooftop deck.

10 CTIONS and subject to Rules adopted p s Article. The board or the Architectural Reviewer, as the case may be, may grant a varian ver of a restriction or Rule on a case-by-case basis when unique circumstances dictate, pf condition its grant. To be effective, a variance must be in writing other circumstance L S RIGHT TO PROMULGATE RULES. The Association, acting through the boardNs SxattedNhe right to adopt, amend, eae and enforce reasonable Rules, and penalties for SUBJECTIVE STANDARDS. Standards for some rules and regulations are inherently subjective, such as what is unattractive or offensive. The Association is not required to honor every resident's individual tolerances. On lifestyle-related rules, the Association may refrain from acting on a perceived violation unless the board determines the violation to be significant or a community-wide problem. The Association may not be compelled by one resident to enforce rules and restrictions against another resident. Residents are expected to deal directly and peaceably with each other about their differences.

19 10.4. 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: 10.4.1 Use of common elements.

10.4.2 Hazardous, illegal, or annoying materials or activities on the Property.

10.4.3. The use of Property-wide services provided through the Association.

10.4.4 The consumption of utilities billed to the Association.

illegal, or annoying materials or activities on the Property.

10.4.3. The use of Property-wide services provided through the Association.

10.4.4 The consumption of utilities billed to the Association.

10.4.5 The use, maintenance, and appearance of anything visible frogh'th common elements, or other units.

10.4.6 The occupancy and leasing of units.

10.4.7. Animals.

10.4.8 Vehicles.

of the raised, or bred anywhefe toperty for food or for any commercial purpose. Customary domesticated household pets may-he eations, and behavior of animals at the Property. If the Rules fail to establish animal g€sup4n tas,no more than 2 dogs, or 2 cats, or one dog and one cat, may be maintained in each unt to maintain other types or additional numbers of household pets must be obtained in writing froth d. The board may require or effect the removal of any animal determined to be in vidkatiOn the r” ANNOYANCE. No unit or limited common element may be used in any way that: (1) may reasonably be considered annoying to 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 an annoyance.

10.8. 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.

20 10.9. DECLARANT PRIVILEGES. In connection with the development and marketing of the

reet, common elements, or neighboring units. The board will be the arbitrator of acceptable appearance standards.

20 10.9. DECLARANT PRIVILEGES. In connection with the development and marketing of the Property, Declarant has reserved a number of rights and privileges to use the Property in ways that are not available to other owners and residents, as provided in Appendix B of this Declaration. Declarant's exercise of a Development Period right that appears to violate a rule or a use restriction of this Article does not constitute waiver or abandonment of the restriction by the Association.

10.10. DRAINAGE. No person may interfere with the established drainage pattern over any part of the Property unless an adequate alternative provision for proper drainage has been approved by théb 10.11. FIRE SAFETY. No person may use, misuse, cover, disconnect, tamper wit!

the fire and safety equipment of the Property, or interfere with the maintenance and/or test persons authorized by the Association or by public officials.

10.12. LANDSCAPING. No person may perform landscaping, planting upon the Property without the board's prior written authorization.

wind chimes.

10.14. OCCUPANCY. The board may adopt R fail to establish occupancy standards, no more than 2 pe o S oom may occupy a unit, subject to the exception for familial status. The Associ Kid tandard for residents who qualify for familial status protection under the fair housing l&ws’s e more restrictive than the minimum (i.e., the fewest people per unit) permitted by the-3 Nepart it i ¢ a tirect threat to the health or safety of other persons, gl physical damage to the property of others.

10.15 of a unit is limited exclusively to residential purposes or

rmitted by the-3 Nepart it i ¢ a tirect threat to the health or safety of other persons, gl physical damage to the property of others.

10.15 of a unit is limited exclusively to residential purposes or any other use permitted by th his residential restriction does not, however, prohibit a resident from using the unit fa business or professional pursuits provided that: (1) the uses are incidental to the use of the Q Yelling, (2) the uses conform to applicable governmental ordinances, (3) there is no external ¢viende df thé uses, (4) the uses do not entail visits to the unit by employees or the public, and (5) the mi that’conveys a message. The Association may effect the inomiediate — of any sign or object that viclates this Section or which the board deems inconsistent with Property standards without liability for trespass or any other liability connected with the removal.

10.17. SPECIFIC USES. Sidewalks and driveways may not be used for any purpose that interferes with their ongoing use as routes of vehicular or pedestrian access.

10.18. STRUCTURAL INTEGRITY. No person may directly or indirectly impair the structural soundness or integrity of a building or another unit, nor do any work or modification that will impair an 21 easement or real property right.

10.19. 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 Architectural Reviewer, no person may install 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

install 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 (D are one meter or less in diameter, and (3) multipoint distribution service (MDS) antennas that or less in diameter.

by a satellite dish or antenna, or the unit that is obviously intended to b or antenna, regardless of whether the service is operational. "Antenn mounting pole provided to each unit.

10.19.3 Owner Responsibility. The in automatically subjects the Antenna/Di nit and installs the Antenna/Dish and regardless the installation. The Antenna/Dish Ow ytesponsible for (1) the cost of maintaining, p e Antenna/Dish, and (2) the cost of repairing p pssitated by the Antenna/Dish or its installation, 0.19.5 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.

10.19.6 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. The Antenna/Dish Owner will defend and indemnify the ae

sure 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 ae 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 10.20. VEHICLES. 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 which 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 that transport inflammatg explosive cargo are prohibited from the Property at all times. No vehicle may obstruct the flow of constitute a nuisance, or otherwise create a safety hazard on the Property. The Association may~e the vehicle.

10.21. WINDOW TREATMENTS. Alta Vista East Townhome Condé have a uniform window appearance for all windows visible from the street standard. All window treatments must be white in color. All window condition and must not detract from the appearance of the Prope itectural Reviewer may require an owner to change or remove a window treatment, windd Adow screen, or window decoration that the Architectural Reviewer determines to beftappropriate,unattfactive, or inconsistent with fh nintiined % in good the Property's uniform window standard. The Architectural er may prohibit the use of certain colors

ral Reviewer determines to beftappropriate,unattfactive, or inconsistent with fh nintiined % in good the Property's uniform window standard. The Architectural er may prohibit the use of certain colors or materials for window treatments.

‘an owner is responsible for providing his tenant with copies him of changes thereto; and (6) each tenant is subject to and Ssidentof an occupied unit is an owner of the unit or is related by blood, marriage, he unit, or if the unit is vacant -- except that a unit being offered for lease may NVICTION OF TENANTS. Every lease agreement on a unit, whether written or oral, express wr imptied, 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 Governing 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 23 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 Governing Documents by the Association, each owner appoints the Association as his attorney-in-fact, with full authority to act in his place

ess provision in the lease agreement for enforcement of the Governing Documents by the Association, each 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 Governing 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 certifieg,mail, of its intent to so enforce the Governing Documents.

11.3.3. Association Not Liable for Damages. The owner of a leased unit i Association for any expenses incurred by the Association in connection with eyf Governing Documents against his tenant. The Association is not liable to.

damages, including lost rents, suffered by the owner in relation to the Associa the Governing Documents against the owner's tenant.

11.4. MORTGAGEES & DECLARANT EXEMPT. A } Declarant is exempt from the effect of this Article.

ARTICLE 12 gityfnacy of the Association is derived from 12.1.1. The Assoofatto be mprofit organization. As long as Texas law requires the incorporation of condéminidns s, the Association will be incorporated as a nonprofit corporation. The failuge tqt1on to maintain its corporate charter from time to time does not affect the existen 12.1.2.

name of the Asf 2.1.3. Duties. The duties and powers of the Association are those set forth in the overning Documents, together with the general and implied powers of a condominium association and, as applicable, an unincorporated nonprofit corporation or a nonprofit association organized under the laws of the State of Texas. Generally, the Association may do any and all things that are

ion and, as applicable, an unincorporated nonprofit corporation or a nonprofit association 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 Governing Documents.

12.1.4. Duration. The Association comes into existence on the earlier to occur of the two 24 following events: (1) the date on which the Association's certificate of formation is filed with the Secretary of State of Texas, or (2) the date on which a unit deed is recorded in the Official Public Records of Dallas County, Texas, evidencing diversity of ownership in the Property (that the Property is not owned entirely by Declarant or its affiliates). The Association will continue to exist at least as long as this Declaration, as it may be amended, is effective against all or part of the Property.

12.2. BOARD. The Association will be governed by a board of directors elected by the members. Unless the Association's bylaws or Certificate of Formation provide otherwise, the bog 1 consist of at least 3 persons elected at the annual meeting of the Association, or ata special meg members/ — Declarant, or another party, the board acts in all instances on 5 bahale 0 Unless the context indicates otherwise, references in the Governing Documents to the be construed to mean "the Association acting through its board of directors.

ownership of the unit. The board may require satisfactory evide purported owner is entitled to vote at meetings of the Association appropriate to the unit. A member who sells his unit under e&cdtract forteedatay delegate his membership

y require satisfactory evide purported owner is entitled to vote at meetings of the Association appropriate to the unit. A member who sells his unit under e&cdtract forteedatay delegate his membership rights to the contract purchaser, provided a written assigntsenNjs delivered to the board. However, the transferred. Unless the Governing roy owneroat ; members may be approved in writing by owner: of at least a majority of the units that are represent® was given to an owner of eachy the opportunity to appro 12.5.

g of the Association. Notwithstanding any delegation of its functions, the board is ultimase i Othe members for governance of the Association.

MMUNICATIONS. This Declaration is drafted in an era of rapidly changing cotambicatiok t¢chnologies. Declarant does not intend to limit the methods by which the Association, methads that-dre available and customary. For example, if the Association is required by the Governing Documents or applicable law to make information available to owners of all units, that requirement may be satisfied by posting the information on the Association's website or by using electronic means of disseminating the information, unless applicable law requires a specific method of communication. It is foreseeable that meetings of the Association and voting on issues may eventually be conducted via technology that is not widely available on the date of this Declaration. As communication technologies change, the Association may adopt as its universal standard any technology that is used by owners of at least 85 percent of the units. Also, the Association may employ multiple methods of communicating with owners and residents.

25 12.7. BOOKS & RECORDS. The Association will maintain copies of the Governing

t 85 percent of the units. Also, the Association may employ multiple methods of communicating with owners and residents.

25 12.7. BOOKS & RECORDS. The Association will maintain copies of the Governing 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 applicable law.

12.8. INDEMNIFICATION. The Association indemnifies every officer, director, and committee member (for purposes of this Section, "Leaders") against expenses, including attorney's fees, reasonably incurred by or imposed on the Leader in connection with any threatened or pending acti§nAsuit, or former Leaders may be entitled. As a common expense, the Association may maint and directors and officer’s liability insurance to fund this obligation.

12.9. OBLIGATIONS OF OWNERS. Without limiting the Governing Documents, each owner has the following obligations: 12.9.1. Pay Assessments. Each owner will pa Association against the owner or his unit, and will pa Association.

12.9.2. Transfers. Each owner will pa appkicable HOA Sale Fees described in Article 5 and pursuant to the Notice of HOA Sale Feef ift offectat We time of transfer.

12.9.3. Comply. Each owner wi 5 from time to time.

Q Ash ll pay for damage to the Property caused by the ON ner, a resident of the owner's unit, or the owner or mployees, cOntractors, agents, or invitees.

with the Governing Documents as amended negligence or willful resident's family, guq ewner is liable to the Association for violations of the Governing aregident of the owner's unit, or the owner or resident's family, guests, UNIT RESALES. For purposes of this Declaration, a "resale" is every sale or conveyance

ciation for violations of the Governing aregident of the owner's unit, or the owner or resident's family, guests, UNIT RESALES. For purposes of this Declaration, a "resale" is every sale or conveyance of a unit (OF Of an interest in a unit), other than the initial sale of the unit by Declarant to the initial owner.

This Section applies to every resale of a unit.

12.11.1. Resale Certificate. An owner intending to sell his unit will notify the Association and will request a condominium resale certificate from the Association.

12.112. No Right of First Refusal. The Association does not have a right of first refusal and may not compel a selling owner to convey the owner's unit to the Association.

26 12.11.3. HOA Sale Fees. At time of transfer, the HOA Sale Fees described Article 5 and in Appendix H of this Declaration are due and payable by buyer and/or seller.

12.11.4. Information. Within 30 days after acquiring an interest in a unit, an owner will provide the Association with the following information: a copy of the settlement statement or deed by which owner has title to the unit; the owner's email address (if any), U. S. postal address, and phone number; any mortgagee's name, address, and loan number; the name and phone n mber of any resident other than the owner; the name, address, and phone number of owner's mgna agent, if any.

12.11.5. Exclusions. The requirements of this Section, including fhe the reserve fund contribution and other transfer-related fees, do not apply to theg (1) the initial conveyance from Declarant; (2) foreclosure of a mortgagee's dee lien, or the Association's assessment lien; (3) conveyance by a mortggs foreclosure or deed in lieu of foreclosure; (4) transfer to, from, or_by the

rom Declarant; (2) foreclosure of a mortgagee's dee lien, or the Association's assessment lien; (3) conveyance by a mortggs foreclosure or deed in lieu of foreclosure; (4) transfer to, from, or_by the conservatorship, or trust; (7) a conveyance pursuant to a ¢ a tua a transfer by a bankruptcy trustee; or (8) a disposition by a government or 9 ame Governing Documen public or private, is .M. Public Notice. After giving the owner at least 15 days' prior notice of its intent to p Association may record a notice of violation in the Official Public Records of Dallas exas, describing the unit as to which the violation exits, the nature of the violation, and Sprovision of the Governing Documents that is being violated. If the violation is cured after a notice has been recorded, the Association will record a release 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.

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 Governing Documents. In exercising this right, the board is 27 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. The board will make reasonable efforts to give the violating owner prior notice of its intent to exercise self-help. The notice may be given in any manner likely to be received by the owner. Prior notice is not required (1) in the case of emergencies, (2) to remove violative signs, (3) to remove violative debris, or (4)

notice may be given in any manner likely to be received by the owner. Prior notice is not required (1) in the case of emergencies, (2) to remove violative signs, (3) to remove violative debris, or (4) to remove any other violative item or to abate any other violative condition that is easily removed or abated and that is considered a nuisance, dangerous, or an eyesore to the neighborhood.

Notwithstanding the foregoing, the Association may not alter or demolish an item of construction Accordingly, this Subsection constitutes an owner's actual written consent if a applicable law.

13.2. BOARD DISCRETION. The board may use its sole discretion fi dete pursue a violation of the Governing Documents, provided the board does not act fn Gat 2 manner. In evaluating a particular violation, the board may dg re thatsueddgr the particular circumstances (1) the Association's position is not sufficiently strong to“justify 4kittp-afly or further action; (2) the provision being enforced is or may be construed as inconsiste i able law; (3) although a or to justify expending the Association's resources; or (4) hak ent is-fiot in the Association's best interests, based on hardship, expense, or other reasonable c conditions, covenants, liens, and charges now atpey by the Association or by any owner to enforce a the right to do so thereafter.

13.4. c of curing or abating a violation are the expense of the owner or other person respdn big t ation. If legal assistance is obtained to enforce any provision of the Governing B any legal proceeding (whether or not suit is brought) for damages or for the enforceme werning Documents or the restraint of violations of the Governing Documents, the prevailing p&r

f the Governing B any legal proceeding (whether or not suit is brought) for damages or for the enforceme werning Documents or the restraint of violations of the Governing Documents, the prevailing p&r necessary costs incurred bY it Tsush agtion, including reasonable attorneys' fees.

ARTICLE 14 INSURANCE PROVISIONS. All insurance affecting the Property is governed by the provisions o& le, with which the board will make every reasonable effort to comply, including the 14.1.1. Common Expense. The cost of insurance coverages and bonds maintained by the Association is a common expense.

14.1.2. 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.

28 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.

by the Act, to the board before the policy may be canceled, terminated, materi allowed to expire, by either the insurer or the insured. The board will give to and the i insurer will give to Mortgagees, prior notices of cancellation, termj oh may contain a , 1 whole or in part, nsurance. If a loss is due ees, the Association may 14.1.9. Prejudice.

ll give to and the i insurer will give to Mortgagees, prior notices of cancellation, termj oh may contain a , 1 whole or in part, nsurance. If a loss is due ees, the Association may 14.1.9. Prejudice.

or resident who is not undé (2) limited common elements; and (3) property owned by the Association including, if ds, 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 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 any Underwriting Lender. The Federal 29 National Mortgage Association requires the following endorsements: Inflation Guard Endorsement, Building Ordinance or Law Endorsement, 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 bodil\ itjury and property damage per single occurrence. If the policy does not contain a severabilityref i

iting Lender. The Federal National Mortgage Association requires a minimum of $1 million for bodil\ itjury and property damage per single occurrence. If the policy does not contain a severabilityref i provision, it should contain an endorsement to preclude the insurer's denial of an owner's clai negligent acts of the association or other owners.

14.4. WORKER'S COMPENSATION. The Association may maintain werks efnpensation insurance if and to the extent necessary to meet the requirements of applicable if the chooses.

aximum furds; imcluding reserve funds that will be in the Association's custody at any time the policy is‘ fce; or (2) an amount equal to 3 months of regular assessments on all units. A managing agent thatha sociation funds should be covered for board deems advisable to insure e the OS soc Say wa officers, committee eRbER and managers against liability for an act or omissiOii A i kheir duties in those capacities.

14.7 MORTGAG NIRBD POLICIES. Unless coverage is not available or has been TES. The Association may maintain any insurance policies and bonds deemed by the bo he Htocesdary or desirable for the benefit of the Association.

. Insurance by Owners. Notwithstanding the foregoing, the board may establish bythe 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.

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 30 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 furnishings, vehicles, and stored ite The Association strongly recommends that each owner and resident purchase and maintain in! ce on his personal belongings.

ARTICLE 15 RECONSTRUCTION OR REPAIR AFTER LOSS 15.1. SUBJECT TO ACT. The Association's response to damage will be governed by Section 82.111(i) of the Act. The following prg silent.

15.2. RESTORATION FUNDS. For purposes,of this insurance proceeds, condemnation awards, deficiency assessméxts, individual assessments, and other funds received on account of or arising out of injury or damage to gperty. All funds paid to the Association for purposes of repair or restoration will be deposited in g itution in which accounts are insured by a federal agency. Withdrawal of Restoratignng ung é signatures of at least 2 Association directors or that of an agent duly authorized by Q Funds obtained from insurance proceeds or or restore the damaged or destroyed Property, the

Restoratignng ung é signatures of at least 2 Association directors or that of an agent duly authorized by Q Funds obtained from insurance proceeds or or restore the damaged or destroyed Property, the moptly apply the funds to the repair or restoration.

or actual costs of res assessment against the determined by the board, the board may levy a deficiency fund the difference.

nds. If the Association has a surplus of Restoration Funds after payment -storation, the surplus will be applied as follows. If deficiency assessments Sstoration Funds, the surplus will be paid to owners in proportion to their Ming from the deficiency assessment levied against them; provided that no owner 15.3. COSTS AND PLANS.

15.3.1. Cost Estimates. Promptly after the loss, the board will obtain reliable and detailed estimates 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.

31 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 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 mortgagees if so required by the Mortgagee Protection article of this Declaration.

s or units must be approved by owners representing at least two-thirds of the votes in the Association and by certain mortgagees if so required by the Mortgagee Protection article of this Declaration.

15.4. OQWNER'S DUTY TO REPAIR.

restoration during the course thereof.

15.4.2. Insured Loss. If the loss to a unit is covered the owner will begin repair or restoration of damage on re portion thereof from the Association, subject to the rights of 15.4.3. Failure to Repair. If an owner fails tb Section, the Association may effect the necessaryépai the owner and unit for the cost thereof, Association's intent to do so.

15.5. OQWNER'S LIABILITY FQ) common elements or units is requi e assessment, in the amount of the ainsured loss, the board may levy an individual ible, against the owner or owners who would be AS TRUSTEE. Each owner hereby irrevocably appoints the Association, kd. SasAlstee to deal with the Property in the event of damage, destruction, AUOnOf termination of all or any part of the Property. As trustee, the Association > authority, right, and power to do all things reasonable and necessary to effect swwards, and insurance proceeds; to effect the sale of fhe Property as pemnitted by this the Act; and to make, execute, and deliver any contract, deed, or other instrument with frest 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 votes in the Association and by certain mortgagees pursuant

, destruction, or condemnation of the Property, an amendment to terminate must be approved by owners representing at least 67 percent of the votes in the Association and by certain mortgagees pursuant to the Mortgagee Protection article of this Declaration.

32 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 ownership interests in the Property and by certain mortgagees pursuant to the Mortgagee Protection article of this Declaration.

16.3. CONDEMNATION. The Association's response to condemnation of any pa Property will be governed by Section 82.007 of the Act. On behalf of owners, but without theiréon board may execute an amendment of this Declaration to reallocate allocated inteys improvements.

ARTICLE 17 MORTGAGEE PROTECTI 17.1. INTRODUCTION. This Article is supplentental to, Not~a substitution for, any other ; icle controls. Some sections of this Article apply to "Mortgagees," as defined in Article 1. Othehseetidys apply to "Eligible Mortgagees," as defined below.

17.1.1. Known Mortgagees. An ownenwho mortgages his unit will notify the Association, giving the complete name and add g j gagee and the loan number. The Association's obligations to mortgagees » Documents extend only to those mortgagees known to the Association. All acpfoy by the mortgagees knox P atron, without regard to other holders of mortgages on units.

The Association may rd El ation provided by owners and mortgagees.

sfcees. "Eligible Mortgagee" means the holder, insurer, or

agees knox P atron, without regard to other holders of mortgages on units.

The Association may rd El ation provided by owners and mortgagees.

sfcees. "Eligible Mortgagee" means the holder, insurer, or he asdyponey mortgage secured bya recorded deed of trust lien against a unit 17.2. 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 Governing Documents, as necessary, to meet the requirements of the Underwriting Lender.

33 17.3. 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 Moligagees. 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.

17.4. IMPLIED APPROVAL. The approval of an Eligible Mortgagee is implied when the Eligible Mortgagee fails to respond within 60 days after receiving the Association's written request for approval of a proposed amendment, provided the Association's request was delivered by certffigd or registered mail, return receipt requested.

17.5. CHANGING FANNIE MAE REQUIREMENTS.

17.6. OTHER MORTGAGEE RIGHTS.

17.6.1. Inspection of Books. The Association 17.6.2. Financial Statements. A own expense.

professional management of the Association is required ional management may not require more than 90 days' notice of a termination penalty.

The Association 17.6.2. Financial Statements. A own expense.

professional management of the Association is required ional management may not require more than 90 days' notice of a termination penalty.

a. Any condemnation or casualty loss that affects a material portion of the Property or the mortgaged unit.

b. Any 60-day delinquency in the payment of assessments or charges owed by the owner of the mortgaged unit.

C. A lapse, cancellation, or material modification of any insurance policy maintained by the Association.

34 d. Any proposed action that requires the consent of a specified percentage of Eligible Mortgagees.

e. 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 Governing Document amendme a material nature must be approved by owners representing at least 67 percent of the votes Association, and by at least 51 percent of Eligible Mortgagees. This approval requirement dogs.notta to amendments effected by the exercise of a Development Right provided in Appendix B here to any of the provisions governing the following would be considered material: a. Voting rights.

c. Reductions in reserves for maintenance, elements.

d. Responsibility for maintenance and a g#ble Mortgagees holding mortgages against é: Reallocation of interestsin thé their use; except that when limi f. iON darlegy of units, except that when boundaries of only adjoining unitsa tft is being subdivided, then only those owners and the Eligible Mor aldihg mortgages against the unit or units need approve the action.

g. Conv oMinits into common elements or common elements into units.

h. pai ion or contraction of the Property, or the addition, annexation, or

tgages against the unit or units need approve the action.

g. Conv oMinits into common elements or common elements into units.

h. pai ion or contraction of the Property, or the addition, annexation, or withdrawahefprdperty to or from the Property.

perty or fidelity insurance requirements.

Imposition of any restrictions on the leasing of units.

Imposition of any restrictions on owners' right to sell or transfer their units.

L Restoration or repair of the Property, in a manner other than that specified in the Governing Documents, after hazard damage or partial condemnation.

m. Any provision that expressly benefits mortgage holders, insurers, or guarantors.

ARTICLE 18 AMENDMENTS 35 18.1. 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 18.3.

(1) referencing the name of the Property, the name of the Association, and # Declaration and any amendments hereto; (2) signed and acknowledged certifying the requisite approval of owners and, if required, Eligibl Official Public Records of Dallas County, Texas.

18.4. DECLARANT PROVISIONS. During the Declar recorded amendment instrument. This Secti acknowledged consent.

dgree to encourage the amicable resolution of disputes involving ay and financial costs of litigation if at all possible. Accordingly, each

orded amendment instrument. This Secti acknowledged consent.

dgree to encourage the amicable resolution of disputes involving ay and financial costs of litigation if at all possible. Accordingly, each a. Claims arising out of or relating to the interpretation, application, or enforcement of the Governing Documents.

b. Claims relating to the rights and/or duties of Declarant as Declarant under the Governing Documents.

c. Claims relating to the design, construction, or maintenance of the Property.

19.1.2. "Claimant" means any Party having a Claim against any other Party.

36 19.1.3. "Exempt Claims" means the following claims or actions, which are exempt from this Article: a. The Association's claim for assessments, and any action by the Association to collect assessments.

b. An action by any Party to obtain a temporary restraining order or equivalent emergency equitable relief, and such other ancillary relief as the, court deems necessary to maintain the status quo and preserve the Party's a enforce the provisions of this Declaration.

Cc. Enforcement of the easements, architectural control, maig restrictions of this Declaration.

or arbitration - by the terms of a puRliNaw or andtherthstrument, such as a contract he dispute is exempt from this Article, asis of the Claim (i.e., the provision of the Governing Documents arises); (3) what Claimant wants Respondent to do or not do to 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

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 37 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 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, 4g bears all of its own costs incurred prior to and during the proceedings described in the Notice, ‘Ne and Mediation sections above, including its attorneys' fees. Respondent and Claimant w all expenses and fees charged by the mediator.

19.9, GENERAL PROVISIONS. A release o Claimant on account of the Claim does not release Respgatte to Claimant's Claim. A Party having an mem gam AnzV)s resolution and discourage the use of costly% Dyes litigation, the initiation of any judicial or f Ayes he instrument of conveyance, covenants and agrees to or title to a unit, whether or not i

AnzV)s resolution and discourage the use of costly% Dyes litigation, the initiation of any judicial or f Ayes he instrument of conveyance, covenants and agrees to or title to a unit, whether or not i j st be amended without the approval of owners of at least 75 be bound by this Section. Septic percent of the units.

oval. The Association may not initiate any judicial or administrative tior approval of owners of at least a majority of the units, except that no hallenge condemnation proceedings; (3) to enforce a contract against a or supplier of goods or services to the Association; (4) to defend claims filed 19.10.2.Suit Against Declarant. Also, the Association may not initiate any judicial or administrative proceeding against Declarant without the approval of owners representing at least 75 percent of the units.

19.10.3.Funding Litigation. Except in the case of a temporary restraining order or equivalent emergency equitable relief when circumstances do not provide sufficient time to levy a special assessment, the Association must levy a special assessment to fund the estimated costs of 38 litigation prior to initiating a judicial or administrative proceeding. The Association may not use its annual operating income or reserve funds or savings to fund litigation, unless the Association's annual budget or a savings account was established and funded from its inception as a litigation reserve fund.

19.10.4.Settlement. The board, on behalf of the Association and without the consent of owners, is hereby authorized to negotiate settlement of litigation, and may execute any document related thereto, such as settlement agreements and waiver or release of claims.

ARTICLE 20 GENERAL PROVISIONS regulations, and ordinances, as same may be amended from time to time, of a

e any document related thereto, such as settlement agreements and waiver or release of claims.

ARTICLE 20 GENERAL PROVISIONS regulations, and ordinances, as same may be amended from time to time, of a governmental entity having jurisdiction over the Association or Property 20.2. HIGHER AUTHORITY. The Governing Documeh law, and local ordinances. Generally, the terms of the Governing Da they do not violate or conflict with local, State, or federal la i methods permitted or required by applicable la dilg Sei is deemed delivered when deposited in the U.S. mail addressed to the member at the a s On the Association's records. If transmitted by fax or email, the notice is deemed delivergd-o Afi transmission of the facsimile or electronic correspondence. The notice must be sent to, known address as it appears on the records of the notice may be sent to the add the owner is deemed to have bés g ¢ whether or not he actually receives it.

der ‘does not, af ool any other provision, which remains in full force and effect. The effect of a general statements ngt lymited by the enumeration of specific matters similar to the general.

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 Governing 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 ot amended by owners as permitted herein, the provisions 39 of this Declaration run with and bind the Property, and will remain in effect perpetually to the extent permitted by law.

Unless terminated ot amended by owners as permitted herein, the provisions 39 of this Declaration run with and bind the Property, and will remain in effect perpetually to the extent permitted by law.

20.9. 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 D - Plats and Plans E - Easements and Licenses F - Purchasers Covenants During Development Period G - Notice of HOA Sale Fees H - Consent to Declaration S Signature on following page \ ons SS ne 40 DECLARANT: MATILDA APARTMENTS, L.P., a Texas limited partnership By: Motion Property Management, LLC, a Texas limited lability company, its general partner STATE OF TEXAS § § COUNTY OF DALLAS § is the ay of es , 2018, by a Texas limited ont company, the SHARON A SAGER Notary ID # 7719800 My Commission Expires January 27, 2019 APPENDIX A Lot 1A, Block J/1476, ROSS/HUBERT, PHASE 2 ADDITION, an Addition to the City of Dallas, Dallas County, Texas, according to the plat thereof recorded under Clerk's File No. 201600076781, Real Property Records, Dallas County, Texas.

© SS APPENDIX B DECLA TRI Alta Vista East Townhome Condominiums GENERAL PROVISIONS.

days' notice.

DEFINITIONS. As used in this pena e fi a. “Declarant Control os iod’ aperient rol Period is from the date this Declaration is recorded Nio oxceed the earliest of (1)-7 years from date this Declaration afte¥ the conveyance of 75 percent of the units in the Property has hexS other than Declarant; or (3) when, in the sole opinion of ation is viable, self-supporting, and operational, as evidenced by a righ? relating to development, construction, expansion, and marketing of the Property. The

ant; or (3) when, in the sole opinion of ation is viable, self-supporting, and operational, as evidenced by a righ? relating to development, construction, expansion, and marketing of the Property. The evelopment 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.

c. "Unilaterally" means that the Declarant may take the authorized action without the consent, approval, vote, or joinder of any other person, such as owners, mortgagees, Builders, and the Association. Certain provisions in this Appendix and elsewhere in the Governing Documents authorize the Declarant to act unilaterally. Unilateral action by Declarant is favored for purposes of efficiency and to protect the interests of Declarant.

4. DECLARANT CONTROL PERIOD RESERVATIONS- GOVERNANCE. Declarant reserves the following powers, rights, and duties during the Declarant Control Period: a. 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 to owners other than Declarant, at least on of the board must be elected by owners other than Declarant.

b. ‘Transition Meeting. Before the end of the Declarant Control Period or wi will elect directors to the board at the transition meeting of the members 8 Declarant or the Association will give written notice of the transitje ef tireeting TQarl owner

larant Control Period or wi will elect directors to the board at the transition meeting of the members 8 Declarant or the Association will give written notice of the transitje ef tireeting TQarl owner annual meeting of the Association or a special meetinSof thefAgsociation called for the purpose of electing directors, at which time er] to terminate the contract witho manager, at any time after a b ion of the Declarant Control Period, if title or capable of being transferred, Declarant will convey “At the time of conveyance, the common element will ef the property taxes, if any, accruing for the year of ance of title or ownership is a ministerial task that does not 4l community with a level of services and maintenance that is typical for similar of developments in the general area of the Property, using cost estimates that are ent for the period in which the budget is prepared.

Obligation for Assessments. During the Declarant Control Period, Declarant has the following obligation for assessments and the common expenses of the Association: i. Until the Association first levies regular assessments, Declarant must pay all the expenses of the Property as they accrue, as required by Section 82.112(a) of the Act.

ii. Following termination of the Declarant Control Period, Declarant (for each unit owned by Declarant) is liable for assessments in the same manner as any owner, as required by Section 82.112(b) of the Act.

iii. Beginning 3 years after the date on which Declarant first conveys (closes) a unit, Declarant (for each unit owned by Declarant) is liable for assessments in the same manner as any owner, even if the Declarant Control Period is in effect, as required by Section 82.112(b) of the Act.

iv. Inthe interim - between the time the Association starts levying assessmeg

same manner as any owner, even if the Declarant Control Period is in effect, as required by Section 82.112(b) of the Act.

iv. Inthe interim - between the time the Association starts levying assessmeg termination of Declarant Control or the 3-year period - Declaga has the following options: 1. Declarant will be liable for assessments in the sa and is not individually liable for operatinge-de 2. Alternatively, at Declarant's sole d pay to the Association an amount v. If Declarant elects option (2) is aragkaph iv above, the Association will reimburse Declarant for Declarant that can be attributed to the assessment delinquency o - if and when the delinquency is cured.

c. Obligation for Reserves. Dupt grant Control Period, neither the Association nor Declarant may oy Association.

larant Control and Development Periods, Declarant - solely ma¥ voluntarily provide enhancements for the Property, such as makes the following representations and reservations regarding Declarant's development of the Property: a. General Representations. 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. Changes in Development Plan. During the Development Period, Declarant may modify the initial development plan to respond to perceived or actual changes and opportunities in the marketplace. Modifications may include, without limitation, changes in the sizes, styles, configurations, materials, and appearances of units, buildings, and common elements.

c. Transfer Fees. During the Development Period, Declarant may not be required to pay

changes in the sizes, styles, configurations, materials, and appearances of units, buildings, and common elements.

c. Transfer Fees. During the Development Period, Declarant may not be required to pay transfer-related and resale certificate fees.

d. Fines and Penalties. During the Development Period, neither Declarant nor units Declarant are liable to the Association for late fees, fines, administrative g other charge that may be considered a penalty.

common elements within the ; Property: and (3) ‘to f common elements.

, Declarant may ayiend this Declaration and t of other Owners or any mortgagee, for f. Amendment. During the Development Peri the other Governing Documents, without the following limited purposes: recommended guidelines of an i. To meet the requirerpents, 2 6nal or governmental lender to make or Underwriting Lender to ble‘ purchase mortgage loans o it. To correct defeftsf in t xe Documents tion of this Declaration or the other Governing lil. the Property, in the exercise of statutory Development ibdivide, combine, or reconfigure units or convert units into common elements, e exercise of statutory Development Rights.

To resolve conflicts, clarify ambiguities, and to connect misstatements, errors, or omissions in the Governing Documents.

vii. To change the name or entity of Declarant.

viii. For any other purpose, provided the amendment has no material adverse effect on any right of any owner.

7. ARCHITECTURAL CONTROL DURING DEVELOPMENT PERIOD. During the Development Period, Declarant has the absolute right and power of architectural control over the Property.

a. Declarant's Rights Reserved. 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

l over the Property.

a. Declarant's Rights Reserved. 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 that Declarant has a substantial interest in ensuring that the improvements within the Property enhance Declarant's reputation as a condominium developer and do not impair Declarant's ability to market its property. Accordingly, each owner agrees that - during the Development Period - no structural or visible improvements will be started or progressed in or on the Property, including the owner's unit, without the prior written approval of Declarant, which approval may be granted or withheld at Declarant's sole discretig j interest and owes no duty to any other person or any areanization, Declarant may one or more persons from time to time to act on its behalf in reviewing an comprised of architects, engineers, or other persons the Association. Any such delegation must be in nay not be members of st specify the scope of -ct to the unilateral rights of Declarant (1) to revoke such delegatio any time atrd-+edSsume jurisdiction over the matters previously delegated and (2) to vétg aay decision which Declarant in its sole discretion determines to be inappropriatg-or"t able for any reason.

8. SPECIAL DECLARANT RIGHTS. muted By. tHe Act, Declarant reserves the belowdescribed Special Declarant Rights, to he’ ui extent permitted by law, which may be exercised, where applicable, anywhe g be’to use units owned or leased by Declarant as models, storage areas, and offices be marketing, management, maintenance, customer service, construction, and leasing e Property and/or other projects of Declarant or Declarant affiliates.

eclarant as models, storage areas, and offices be marketing, management, maintenance, customer service, construction, and leasing e Property and/or other projects of Declarant or Declarant affiliates.

For purposes of promoting, identifying, and marketing the Property, Declarant reserves an easement 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 same from time to time within the Property.

f. 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/or other projects of Declarant or Declarant's affiliates, and for discharging Declarant's obligations under the Act and this Declaration.

g. The right to appoint or remove any Declarant-appointed officer or director of the Association during the Declarant Control Period consistent with the Act.

9. ADDITIONAL EASEMENTS & RIGHTS. Declarant reserves the following easements and rights, exercisable at Declarant's sole discretion, for the duration of the Development Period: a. The right to grant one or more easements over, across, under, and through the utilities serving the common elements or units, including but not limited to-wa marketing of the Property.

c. The right to sell or lease any unit owned by Declaré ed by Declarant are not subject to leasing or occupancy restrictiong or. prohik ained elsewhere in this Declaration or the other Governing Docu

c. The right to sell or lease any unit owned by Declaré ed by Declarant are not subject to leasing or occupancy restrictiong or. prohik ained elsewhere in this Declaration or the other Governing Docu d. The right of entry and access to all unit; benefit of the unit being enters joi ondéommon elements. Requests for entry must be made in advance for gaff unreasonably withhold consent.

hanges and alterations on common elements and d offices, as may be necessary to adapt them to the eclarant's sole expense, will restore altered common o the architectural standards of the Property. The restoration entMinces in connection with the active marketing of units by Declarant, ight to require that the doors or gates be kept open during certain hours or OTHER LOCATIONS. This Declaration grants to Declarant a number of ghts to market the Property. Declarant hereby reserves for itself and its affiliates the 11. 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 be effective, the designation must be in writing, signed and acknowledged by Declarant and Successor Declarant, and recorded in the Official Public 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) APPENDIX C Schedule of Allocated Interests UNIT RELATIVE SHARE OF SHARE OF SIZE OF COMMON FLOORPLAN ELEMENT COMMON EXPENSES OWNERSHIP Building 1 5901 Ross Ave.

1 1640 5.87% 5.87% 2

(End of Appendix B) APPENDIX C Schedule of Allocated Interests UNIT RELATIVE SHARE OF SHARE OF SIZE OF COMMON FLOORPLAN ELEMENT COMMON EXPENSES OWNERSHIP Building 1 5901 Ross Ave.

1 1640 5.87% 5.87% 2 1640 5.87% 5.87% 3 1640 5.87% 4 1640 5.87% 5 1640 5.87% 6 1640 5.87% 7 1640 5.87% 1 1609 2 1609 3 1609 4 1609 5 1609 6 1609 Building 2 5905 Ross Ave.

5.76% UNIFORM WEIGHT OF 1 5.76% 1 1 1 1 1 1 Unofficial Copy 1 2 3 4 5 4.87% 1 4.87% 1 4.87% 4.87% 1 4.87% 4.87% 1 4.87% 4.87% 1 1 APPENDIX D Plats and Plans on following pages Unofficial Copy 1 PROPERTY DESCRIPTION This is to certify that persons under my direction have, this date, made an on-the-ground survey of property located at REVISIONS S9C1, 5905 & 5909 ROSS AVENUE ,in the City of. DALLAS , Texas, Lot 1A Block J476 of ROSS/HUBERT, PHASE 2 ADDITION , an addition to the City of DALLAS, DALLAS COUNTY . Texas, according to the MAP THEREOF LEGEND s SEWER @ parnins space Of Lot PoLe @ IRON ACO SET TANS’ ME BRICK COLA, ro socKUITe © igor pure FouND: AG AIR CONDITIONING OLE pate oe Cl rence rosrcomen ap FRE HvORANT VOL. 118, PG. 63 . ox rounpiser A ELECTRIC METER M.RD.C.T. Gl Le, eer woth LL. | scarneaceaporpon Sieh, pupa ra es INST. NO. 200900081286 VOL. 96187, PG. 626 at asoeaty Aes OPROGT. OFFICIAL PUBLIC RECORDS DALLAS COUNTY TEXAS N 89°2400} Vv HUBERT STREET VARIABLE WIDTH RIGHT-OF-WAY R.O.W. DEDICATION i 2.4 ih (VOL. 118, PG. 63, M.R,D.C.T.)

th.

% 2 NOO°05'25"E 50.00" O.P.R.D.C.T, $89°29'00" EF 133.10' PRIVATE ORAINAGE EASEME!

Ret 8 THREE STORY THREE STORY BRICK & STUCCO BRICK & STUCCO ara Az ROSS AVENUE 60’ RIGHT-OF-WAY (VOL. 118, PG. 63, M.R.D.C.T.)

THREE STORY

" O.P.R.D.C.T, $89°29'00" EF 133.10' PRIVATE ORAINAGE EASEME!

Ret 8 THREE STORY THREE STORY BRICK & STUCCO BRICK & STUCCO ara Az ROSS AVENUE 60’ RIGHT-OF-WAY (VOL. 118, PG. 63, M.R.D.C.T.)

THREE STORY BRICK & STUCCO Eg ‘unit 3 A D.R.O.C.T, VICINITY MAP - NOT TO SCALE LAKEWOOD PLACE CONDOMINIUMS pa244, PG. 3348 ROSS/HUBERT ADDITION LOT 104, BLOCK J/1476 INST. NO. 201000046859 OP.R.D.C.T.

T.G.H.M. PROPERTIES, L.P., A TEXAS LIMITED PARTNERSHIP INST. NO. 201200134827 O.P.R.D.C.T, PRIVATE DRAINAGE EASEMENT INST. NO, 2p1300239464 OPED ET: Surveyor, or under his direction; (c) all monumé the survey, and the location, size and type of survey by any other parties and/or for other pug resulting from other use shall not be the respon: and type of bulldings are as shown; and EXCEPT AS SA the boundaries the distances indicated and there are no ¥ protrusions on the ground.

ny io street deed found.

By tic (By use and occupation) a2. D Re Raul D. Reyes Registered Professional Land Surveyor No. 5390 State of Texas Lie spur Prana —O—O— CHANLINK FENCE rene o Yee Os —[I— mon rence — hii — we rence COVERED PORCH, DECK OR CARPORT CONCRETE PAVING OVERHEAD ELECTRIC SERVICE QVERHEAD POWER LINE, SANITARY SEWER LINE GENERAL NOTES 1) According to the F.1.R.M. No. 48113C0345J, the subject property Iles In Zone X and does not le within a Fload Prone Hazard Area, 2) All bearings, easements and buliding lines ara by recorded plat unless otherwise noted.

3) Note: This survey plat has been prepared without benefit of abstract fille. Texas Heritage Surveying has not researched the fand title records for tha existence of sasoments, restrictive covenants or other encumbrances. Additional matters may be disclosed in the course of a therough examination of the record tite, Zdb>.

Nd

fand title records for tha existence of sasoments, restrictive covenants or other encumbrances. Additional matters may be disclosed in the course of a therough examination of the record tite, Zdb>.

Nd “TEXAS HERITAGE SURVEYING, tic 10610 Metric Drive, Suite 24, Dallas, TX 75243 Office 214-340-9700 Fax 214-440-9716 txheritage.com Firm No, 10169300 ALTA VISTA EAST TOWNHOME CONDOMINIUMS AS-BUILT SURVEY 5901, 5905 & 5908 ROSS AVENUE DALLAS, TEXAS 75206 LOT 1A, BLOCK J/1746 ROSS/HUBERT, PHASE 2 ADDITION Touk fa, 1200724-12 Breen OY ate 2/9/2018 ‘Seale 0" ALTA VISTA EAST VERTICAL UNIT BOUNDARY GROUND FLOOR ALTA VISTA EAST VERTICAL UNIT BOUNDARY FIRST FLOOR 1.34' 1' 0.9' 10' 1.46' 의 1 10' 3.3 34' 10 10' 3.3473.34 9,33' 9.33' 1 30.5' 30.5' 0.96' 29.54' 29.54' 0.96' 1 10' 10' 9.33' 9.33′ 9.33' 9.33' 3,34 3.34 3.34' 17.6' 30.5 30.5 30.5' 30.5 0.96' 29.04 29.54 0.96 22.21' 18.61' 0.46 4.0614.06 26.21' 22.67' 2 14.92' 0.46 9,62 26' 0.54' 20,1' 18.61' 4.064.06' 10' 2.29 1,5 16.71' 0.46' 0.96 29.54' 29.54 4.06 4.06 0.96 18.61' 18.61' 10 0.5' 26.04' 26.04' 0.5' 0.54' 6.1' 6.1' 26 18.15' 22.67' 26.67' 0.5' 4 26.04' 26.04' 4 0.5' 11 0.54 0.54' 20.56' 20,56' 4' 6.1' 16,33' 16.33' 16 0.75' 28.58' 28.58' 0.75' 15 12 4 4' 26' 26' 1.

ALTA VISTA EAST VERTICAL UNIT BOUNDARY SECOND FLOOR 0.54' 20.56' 13 0.54' .1' 6.1 26,54' 20.56' 11.33' 14.67' 3.33' 18 0.75 28.58' 28.58 0.75' 17 29.34' 29.34' 2.17' 2.178.83 9.33 8.839.33 9.33' 8,83 2.17 2.17 8.83 9.33' 9.33' 8.832.17 19.87' 16.33' 0.46 29.34' 29.34 14 11.67' 11.33 3.33 N ALTA VISTA EAST VERTICAL UNIT BOUNDARY ROOF DECK 2,3472.34 IN 8.33!

NL 8.33" APPENDIX E EASEMENTS AND LICENSES A description of and the recording data for recorded easements, licenses, restrictions, liens, leases or

VERTICAL UNIT BOUNDARY ROOF DECK 2,3472.34 IN 8.33!

NL 8.33" 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, but are not limited to: 1. Private Drainage Easement dated recorded on July 24, 2013 under File No. 201300233464 Real Property Records, Dallas County, Texas.

APPENDIX F PURCHASERS COVENANTS DURING DEVELOPMENT PERIOD ALTA VISTA EAST TOWNHOME CONDOMINIUMS Each owner of a home in Alta Vista East Townhome Condominiums, by the act of accepting an interest in or title to a unit during the Development Period, whether or not it is so expressed inf the instrument of conveyance, acknowledges, understands and agrees that these covenants run with the land and bind owner and owner's successors and assigns, and further agrees to each of the fe Wit statements: 1. Alta Vista East Townhome Condominiums is a newly formed condominium, (. pmen' and marketing of which may extend over many months or years.

2. The "Development Period," which is defined in the Decl 3. Owner has read and understands the signifi Townhome Condominiums, which contains important i Townhome Condominiums and owner's obligations.

4. Owner has specifically reviewed Aged Reservations".

5. Owner acknowledges that, durip opportunities for marketing Alta Vi gtd, ast to individual homeowners who gésye 4 e duration of the Development Period, among its many rights wS (even large signs), models, and offices on the Property for ta East Townhome Condominiums.

prdintain private access to the Property for the home buying public and the

Period, among its many rights wS (even large signs), models, and offices on the Property for ta East Townhome Condominiums.

prdintain private access to the Property for the home buying public and the aril to host marketing events at the Property.

owledges that Declarant's marketing rights for Alta Vista East Townhome nay be used by Declarant or by its affiliates to market developments other than Alta Vista € Condominiums that are created by Declarant or by its affiliates, even after all of the Alta (End of Appendix F) APPENDIX G NOTICE OF HOA SALE FEES THE COSTS OF BUYING & SELLING HOMES IN ALTA VISTA EAST TOWNHOME CONDOMINIUMS GENERAL. This Notice addresses certain fees and expenses that may be charged by the Alta Vista Fees described in this Notice are not refundable by the Association or its manager, and@ prepayment of or credit vee assessments. HOA Sale Fees generally fall into two types liable to the Association or to the manager, as applicable, for the fe¢ Fees may not be avoided by effecting the transfer without the servicé pany.

4on's reserve funds, in the amount of the equivalent of two month's ased, and (2) to the Association's manager, its customary HOA Sale the new owner shall be liable for the following HOA Sale Fees at the time of 4ssociation, a one-time contribution to the Association's reserve funds, in the amount (End of Appendix G) APPENDIX H LIENDHOLDER CONSENT AND SUBORDINATION TO DECLARATION 1. Authority. INWOOD NATIONAL BANK, whose address is 7621 Inwood Road, Dallas, Texas 75209 ("Lienholder"), represents and warrants that Lienholder has the necessary authority to execute this Consent and Subordination to Declaration, and that the person signing below on behalf of Lienholder has bee authorized to sign this instrument on behalf of Lienholder.

essary authority to execute this Consent and Subordination to Declaration, and that the person signing below on behalf of Lienholder has bee authorized to sign this instrument on behalf of Lienholder.

ASG cx Senior Lien. Lienholder is the holder of a promissory note in the original princjpa 3. Consent and Subordination. By signing this instrument, Lienhgldex core recording of the Declaration of Alta Vista East Townhome Condomini execution by Matilda Apartments, L.P., a Texas limited partnership, as "De of default under the Deed of Trust or any security instruments benefitting } and will be subject, subordinate, and inferior to the Declaration, as 4, Effect of Foreclosure. If Lienholder, or any suge property by foreclosure of the Lien or otherwise, Lienholder, described in the Declaration subject, in all respect foreclosure of the Lien or any lien assigned to or for' trustees, or assigns.

SIGNED on the 7“ INWOOD NATIONAL BANK This instrument was acknowledged before me on the Xi aay of Ar very, L ES _ ANDREA CHANEY AN Xo : Notary Public, State of Texas Notary Public, State of Texas / | a F Neary 1D 12520477-7, Unofficial Copy Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 02/15/2018 03:43:34 PM $266.00 201800041866 COUNTY OF DAL STALLONAS