Governing Documents

ijlqt cStatt of ij! fXllS CERTIFICATf OF INCORPORATION OF ThE UNDE~SIGNeD, AS SECKfTARY OF STATE OF THE STATE OF TEXAS, AaDVE N1ME0 CORPORATION MA~E BEEN R;CEIVEO IN THIS OFFICE AND ARE CERTIFICATE uF INCORPGKATION.

THE uSE GF A CORPORATE NAME II'! ThiS STATS IN V[OLATION OF THe RIGHTS OF :. "\, I Antonio 0. Garza. Jr .. Secterary of Stata m the Offl Secretar ce ot the BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC. y ot Stat9 af T€ CORPORA TtON NAME: 1.. The name of the Corporation is BRISTOL POINTE ASSOCIATION, INC., referred to as the 11Association11 • LEGAL STATUS: I APR 2 t 1997 i 2. The Association is a nonprofit corporation organized pursuant ta the Texas Non­ Profit Corporation Act.

DURATJON: 3. The period of the duration of the Association. is perpetuaL PURPOSES: 4. The purposes for which the Association is formed are the following: (a) Specifically and primarily to provide an organization consisting of the owners of that certain single family residential development project located in Collin County, State ofT exasl and more particularly described in the Dedaration recorded in ths Cffice of the

ng of the owners of that certain single family residential development project located in Collin County, State ofT exasl and more particularly described in the Dedaration recorded in ths Cffice of the County Clerk of Collin County, State of Texas, and recorded under Document No. 970030173, in the Deed Records of Collin County, Texas (the nAssociation Project"), to provide for the management. maintenance, preservation. and architectural control of the Association Project.

(b) Generally: Ill (i) To promote the health, safety, and welfare of the owners of the Association.

(ii) To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration and Bylaws (iii) To fi.x, levy, collect, and. enforce payment of any charges or assessments as set forth in the Declaration and to pay all expenses in connection with such charges or assessments, all office expenses, and all other expenses incidental to the conduct of the business of the Association, including alllicenses1 taxes, or governmental charges levied or imposed against the property of the Association.

(iv) To acquire (by gfft purchase, or otherwise), own, hold, improve, build an, operate, maintain, convey, sell. lease, transfer, to dedicate for public use, or otherwise to dispose of real or personal property in connection with the affairs of the Association.

(v) To borrow money, to mortgage, to pledge, to deed in trust. or to hypothecate any or all of the Association's reat or personal property as security for money borrowed or debts incurred.

(vi) To have or exercise any and· all powers, rights, and privileges that a

r to hypothecate any or all of the Association's reat or personal property as security for money borrowed or debts incurred.

(vi) To have or exercise any and· all powers, rights, and privileges that a corporation organized under the Texas Nan-Profit Corporation Act by law may now or at a later time have or exercise.

(vii) To act in the capacity of principal, agent, joint venturer, partner. or otherwise.

(c) Notwithstanding any of the above statements of purposes, the Association shall not except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Association.

MEMBERSHIP: 5. The Corporation shall be a membership corporation without certificates or shares of stock.

The Corporation shall have t\vo (2) classes of membership, Class A and Class 8, as follows: (a) Class A. Class A members shall be those owners as defined in the Declaration, with the exception of the Declarant or its successors in title.

Class A members shall be entitled to one (1) vote for each Unit in which they hold the interest required for membership. • (b) Class B. Class 8 members shall be the Declarant or its successors in title.

The Class 8 member shall be entitled to three (3) votes for each unoccupied Lot owned by Declarant provided that the C1ass B membership shall cease and become converted to Class A membership on the happening of any of the following events, whichever occurs earlier.

(i) one hundred f:v.lenty days (120) after the conveyance of the Lot which causes the total votes outstanding in the crass B membership to be less than a majority of all votes: or (ii) when, in its sole discretion. the Declarant so determines. as more specifically set forth in the Declarations.

es outstanding in the crass B membership to be less than a majority of all votes: or (ii) when, in its sole discretion. the Declarant so determines. as more specifically set forth in the Declarations.

Except as otherwise stated in the Declarations, from and after the happening of those events, whichever occurs earlier, the Class 8 member shaJI be deemed to be a Class A member entitled to one ( 1) vote for each Unit in which it holds the interest required for membership.

INITIAL. REGISTERED OFFICE AND AGENT: 6. The street address of the initial registered office of the Association is 1401 Burnham Drive, Plano, Texas 75093, and the name. of its initial registered agent at such BOARD OF DIRECTORS: 7. The affairs of the Association shall be managed by a Board of Directors. The number of Directors constituting the initial Board is three (3). The· number of Directors may be changed by amendment of the Bylaws of the Association, provided, however. that the number of Directors may never be less than three (3).

The name and address of the person who is to serve as the initial Directors are as follows: NAME [ssam Karanauh Nelda McCroskey CaryL. Cobb INCORPORATORS: ADDRESS 1401 Burnham Drive, Plano, Texas 75093 1401 Burnham Drive, Plano, Texas 75093 1401 Burnham Drive, Plano. Texas 75093 8. The names and street address of the incorporator of this Association are as follows: NAME KENNETH W. SLOAN ADDRESS 3811 Turtle Creek Blvd.

Suite 1100 Dallas, Texas 75219 IN WITNESS WHEREOF, we have set our hands, on tf /-;. 2-, 1997.

KENNETH W. SLOAN INCORPORATOR (signature) STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned Notary Public, on this day personally appeared

F, we have set our hands, on tf /-;. 2-, 1997.

KENNETH W. SLOAN INCORPORATOR (signature) STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Kenneth W. Sloan, who, being by me duly swam on oath deposed and each said that he has read the above Articles of Incorporation and that every statement contained in the Articles of Incorporation is within his personal knowledge and is true and correct ..

which witness my hand and official seal.

Notary Public, State of Texas State of Texas LEM, esac 9 CERTIFICATE FOR RECORDATION OF DEDICATORY INSTRUMENTS .

OF BRISTOL POINTE HOMEOWNER’S ASSOCIATION, INC.

STATE OF TEXAS § § | KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN 38 Tm Oa St eo eT asa TT ae TO ee a WHEREAS, Section 202. 006 of the Texas 5 Property Code requires that “A property Owners’ association shall file its dedicatory instruments in the real property records of each county in which the dedicatory instruments relate is located”; and WHEREAS, Bristol Pointe Homeowner’s Association, Inc., a Texas nonprofit corporation (the “Association”) desires to comply with Section 202.006 by filing of record in the real property records of Collin County, Texas, the attached instrument; and , WHEREAS, the attached instrument constitutes a “dedicatory instrument” as defined by Section 202.001 of the Texas Property Code; and WHEREAS, the Declaration of Covenants, Conditions, and Restrictions for Bristol Pointe in the Real Property Records of Collin County, Texas, together with each and every amendment,

Bristol Pointe in the Real Property Records of Collin County, Texas, together with each and every amendment, supplement and reinstatement thereto (collectively the “Declaration’”) subjected to the scheme of development therein certain land located in Collin County, Texas; NOW, THEREFORE, the undersigned authorized representative of the Association hereby _ executes this Certificate to record the dedicatory instrument attached hereto on behalf of the ~- Association: Certificate and Resolution of the Board of Directors of Bristol Pointe Homeowners Association, Inc. with Respect to Payment of Directors for Attendance at Certain Meetings.

EXECUTED this 10" day of December, 2015, to be effective upon recording in the Real Property Records of Collin County, Texas.

BRISTOL POINTE HOMEOWNER’S ASSOCIATION, INC.

By: far ten LS. _yteteen Charles W. Spencer, Authorized Agent STATE OF TEXAS § § COUNTY OF DALLAS — § This instrument was acknowledged before me on the 10 day of December, 2015, by Charles W. Spencer.

CAROL J. SPENCER Notary Public in and for o State of Tom AFTER RECORDING RETURN TO: MY COMMISSION EXPIRES May 14, 2016 —Jeff-Hamp shite <2 ee cae FirstService Residential Management 3102 Oak Lawn Ave., Suite 202 Dallas, TX 75219 THE STATE OF TEXAS AAna COUNTY OF COLLIN CERTIFICATE AND RESOLUTION OF THE BOARD OF DIRECTORS OF BRISTOL POINTE HOMEOWNER’S ASSOCIATION, INC.

WITH RESPECT TO PAYMENT OF DIRECTORS FOR ATTENDANCE AT CERTAIN MEETINGS WHEREAS, that certain First Amendment and Restatement of Declaration of Covenants, Conditions, and Restrictions for Bristol Pointe dated April 15, 1997, and recorded on October 30, 1997, as Instrument Number 97-0030173, of the Real Property

d Restatement of Declaration of Covenants, Conditions, and Restrictions for Bristol Pointe dated April 15, 1997, and recorded on October 30, 1997, as Instrument Number 97-0030173, of the Real Property Records of Collin County, Texas, (hereinafter, together with each and every amendment, supplement and/or restatement thereto collectively referred to as the “Declaration”), established a development regime for the property described therein; and WHEREAS, an owners’ association was formed by Articles of Incorporation of Bristol Pointe Homeowner’s Association, Inc. being filed in the Office of the Secretary of State of Texas on April 22, 1997 (the “Association” and Bylaws of the Association were adopted on April 22, 1997) (“Bylaws”); and, WHEREAS, the Association acting through its Board of Directors (the “Board”), is vested with the powers and charged with the duties necessary for the administration of the Association’s affairs, for the operation and maintenance of the common areas, and for the enforcement of the covenants contained in the Declaration; and WHEREAS, the Board desires to make this resolution to provide for payment of Directors of the Association for the attendance of four Board meetings per year other than nn the-annual meeting as is specifically allowed by Section 420; and WHEREAS, in a vote of Members taken in accordance with Article IV of the Bylaws promulgated to govern the operation of the Association and recorded as an exhibit to the Declaration, a majority of the Board of Directors voted to approve the payment of compensation for attendance at the four quarterly meetings during each year; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that at a duly called meeting of the Board at which a quorum was in attendance and voting, and pursuant

at the four quarterly meetings during each year; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that at a duly called meeting of the Board at which a quorum was in attendance and voting, and pursuant to the authority vested in the Board by Section 4.20 of the Bylaws which includes the following provision: “By resolution of the Board of Directors, the Directors may be paid their.

expenses, if. any, of attending each meeting of the Board and may be. paid. a fixed sum for attending each meeting of the Board or a stated salary Director.” [Emphasis added. . .

it was RESOLVED, that:each Director of the Board be paid by the Association. the sum of $110.00 for each of the four quarterly Board meetings referenced in Section 4.12 of the Bylaws which such Director shall attend — but not including the ‘annual meeting or other special méetings.

‘Association, I have hereto set my hand as of the date referenced. below.

Title: President ~ Date of Execution:. _ COUNTY OF COLLIN § This.instrument was acknowledged before me on the. day of October, 2015, by ‘President of Bristol. Pointe. Homeowners Association, Inc., a Texas nonprofit corporation, on behalf of'said corporation.

Notary Public, State of Texas Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 12/15/2015 08:51:33 AM $38.00 DFOSTER 20151215001557370 BYLAWS OF BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

Article 1: OFFICES 1.01 The registered office of the Association shall be at 1401 Burnham Drive, Plano, Texas 75093 (hereinafter referred to as Association).

1.02 The Association may have offices at such places, both within and without

red office of the Association shall be at 1401 Burnham Drive, Plano, Texas 75093 (hereinafter referred to as Association).

1.02 The Association may have offices at such places, both within and without the State of Texas, as the Board of Directors may f(om time to time decide are necessary or proper to the business of the Association. · 1. 03 Definitions. The words used in these Bylaws shall have the same meaning as set forth in said Declaration, unless the context shall prohibit.

Article II: MEMBERSHIP 2.01 The Association shall have two (2) classes of membership, Class A and 8, as more fully set forth in that Declaration of Covenants, Conditions, and Restrictions for Bristol Pointe Homeowners Association, Inc. (said Declaration, as amended, renewed, or extended from time to time, is hereinafter sometimes referred to as the Declaration), the terms of which pertaining to membership are specifically incorporated herein by reference.

Article Ill: CORPORATION 3.01 All meetings of the Corporation for any purposes shall be held at such time and place, within or without the State of Texas, or by means of conference telephone or similar communication equipment, as shall be designated by the Board of Directors in the notice of the meeting.

3.02 The first meeting of the members shall be held, whether a regular or special meeting within one (1) year from the date of incorporation of the Association and not later than six (6) months after the closing of the sale of the first Residential Unit.

3.03 Annual meetings of the members, commencing with the year 1998, shall be held at a time and on a day to be selected by the Board of Directors, either within thirty (30) days before the closing of the Corporation's fiscal year, or at such earlier date as the

1998, shall be held at a time and on a day to be selected by the Board of Directors, either within thirty (30) days before the closing of the Corporation's fiscal year, or at such earlier date as the Board of Directors may determine at its discretion. At the meeting, the members shall elect a Board of Directors and transact such other business as properly may be brought before the meeting.

3.04 Special meetings of the members may be called for any purpose by the President, or at the request in writing of no less.than fifty percent (50°/o) of the Board of Directors, or at the request in writing of holders of not less than five percent (5°/o) of the total votes entitled to vote at the meeting. A request directed to either the President or the Secretary shall state the purposes of the proposed meeting and business transacted at any special meeting of the members shall be confined to the purposes stated in the notice of the meeting.

3.05 Written notice stating the place, day and hour of the meeting and, in the case of a special meeting, the purposes for which the meeting is called, shall be delivered not less than ten (1 0) nor more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the Secretary, to each member of record entitled to vote at such meeting at the address of their Unit or such other address as a member gives notice in writing. If mailed, such notice shall be prepaid, addressed to the member at his/her address as it appears on the rryembership books of the Association.

3.06 The holders of one-third (1/3) of the total votes entitled to be cast at such meeting, present in person or represented by proxy, shall be requisite and shall constitute

books of the Association.

3.06 The holders of one-third (1/3) of the total votes entitled to be cast at such meeting, present in person or represented by proxy, shall be requisite and shall constitute a quorum at all meetings of the members for the transaction of business, except as otherwise provided by statute, the Articles of Incorporation, or the Declarations. If a quorum is not present or represented at any meeting of the members, the members entitled to vote thereat, present in person or represented by proxy, shall have the power to adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the original meeting date, without notice other than announcement at the meeting, until a quorum is present or represented, any business may be transacted which might have been transacted at the meeting as originally notified.

3.07 When a quorum is present at any meeting, the vote of the holders of fifty-one percent (51 °/o) of the members represented at the meeting, present in person or represented by proxy, shall decide any question brought before such meeting, unless the question is one upon which a different vote is required by law, by the Articles of Incorporation or these By-Laws. The members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough to leave less than a quorum.

3.08 Each member shall have such voting rights as are set forth in the Declarations. A member may vote either in person or by proxy executed in writing by the member or by his duly authorized attorney in fact, but no proxy shall be valid after eleven (11) months from the date of its execution, unless expressly provided in the proxy. Each

d in writing by the member or by his duly authorized attorney in fact, but no proxy shall be valid after eleven (11) months from the date of its execution, unless expressly provided in the proxy. Each proxy shall be filed with the Secretary ·of the Association prior to or at the time of the meeting. Any vote must be taken by written ballot upon the oral request of any member.

3.09 Any action required by statute to be taken at a meeting of the members, or any action which may be taken at a meeting of the members, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the members entitled to vote with respect to the subject matter thereof and such consent shall have the same force and effect as a unanimous vote of the members. Any such signed consent, or a signed copy thereof, shall· be placed in the minute book of the Association.

-23.10 Appearance at any meeting by a member shall constitute a waiver of notice of an annual or special meeting.

3.11 The President shall preside over all meetings of the Association, and the Secretary shall keep the minutes of the meeting and record in a minute book all resolutions adopted at the meeting, as well as a record of all transactions occurring thereat.

Article IV: DIRECTORS 4.01 The business and affairs of the Ass.ociation shall be managed by its Board of Directors, which may exerCise all powers of the· Association and do all lawful acts and things as are not by statute, the Declarations, the Articles of Incorporation or by these By-Laws directed or required to be exercised or done by the members. Except as provided in 4.02, Directors shall be members. No person and his or her spouse may serve on the Board at the same time.

se By-Laws directed or required to be exercised or done by the members. Except as provided in 4.02, Directors shall be members. No person and his or her spouse may serve on the Board at the same time.

4.02 The Directors shall be selected by the Declarant acting in its sole discretion and shall serve at the pleasure of the Declarant so long as the Class B membership exists, as set forth in the Declaration, unless the Declarant shall earlier surrender this right to select Directors. The Directors selected by the Declarant need not be owners or residents in Bristol Pointe. After the period of Declarant appointment, all Directors must be members of the Association.

4.03 The number of Directors which shall constitute the entire Board of Directors shall not be less than three (3) nor more than seven (7). The number of Directors may be increased or decreased, but never below three (3), from time to time by the affirmative unanimous vote of the Board of Directors. The Directors shall be elected and qualified, and except for any person appointed by Declarant on the initial Board of Directors, each Director shall be and continuously remain a member, or an authorized representative of a member, if the member is a corporation, lin1ited partnership, limited liability company, or other entity. In the event a Director ceases to be an eligible mernber or becomes a person disqualified to be a member, he shall immediately cease to be a Director on the effective date of his disqualification and his office as Director shall become vacant without the necessity of corporate action.

4.04 Except with respect to Directors selected by the Declarant, nominations for election to the Board of Directors shall be made by a Nominating Committee. The

hout the necessity of corporate action.

4.04 Except with respect to Directors selected by the Declarant, nominations for election to the Board of Directors shall be made by a Nominating Committee. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two (2) or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors not less than thirty (30) days prior to each annual meeting of the members to serve from the close of such annual meeting until the close of the next annual meeting, and such appointment shall be announced at each such annual meeting. The Nominating Committee shall.make as many nominations for election to the Board of Directors as it shall in its discretion determine but in no event less than the number of vacancies or terms to be filled. Nominations shall be permitted from the floor.

-3All candidates shall have a reasonable opportunity to communicate their qualifications to the members to solicit votes.

An Electoral District is a geographical area composed of one or more housing types and represents a political unit for the purpose of electing directors. Districts shall not be required to be equal in population. The Declarant may, in its discretion, identify Districts on each plat submitting land to the Declaration, and District boundaries may be changed only through a duly adopted and recorded amendment to the Declaration.

4.05 Notwithstanding any other provisi.on contained herein: (a) Within thirty (30) days of the time Class A members other than the Declarant are equal to or greater than 30°/o of the persons entitled to vote at Association meetings, the Association shall call a special meeting to be held at which members other

bers other than the Declarant are equal to or greater than 30°/o of the persons entitled to vote at Association meetings, the Association shall call a special meeting to be held at which members other than the Declarant shall elect one of the Directors. The Director so elected shall not be subject to removal by the Declarant acting alone and shall be elected for the shortest term available.

Within thirty (30) days of the time Class A members other than the Declarant are equal to or greater than 40°/o of the persons entitled to vote at Association meetings, the Association shall call a special meeting to be held at which members other than the Declarant shall elect an additional Director. The Director so elected shall not be subject to removal by Declarant acting alone and shall be elected for the shortest term available.

(b) At the first annual.meeting of the membership after the termination of the Class B membership, and at each annual meeting of the membership thereafter, Directors shall be elected. There shall be at least one (1) Director elected from and representing each of the Electoral Districts, if any. There shall, in addition, be directors elected at-large. If no Electoral Districts are established, then all Directors shall be elected at large. All members of the Association shall vote upon the election of at-large Directors; separate slates shall be proposed for candidates specifying those representing an Electoral District and those running at-large, and only those members in an Electoral District shall vote on the representatives for the Electoral District. It is specifically provided and required that no more than t\vo (2) directors, including the representative of an

in an Electoral District shall vote on the representatives for the Electoral District. It is specifically provided and required that no more than t\vo (2) directors, including the representative of an Electoral District and one (1) at-large Director, may come from any Electoral District. The candidate receiving a majority vote shall be elected. In the event no candidate receives a majority vote at the first balloting, a run-off shall be held between the top two (2) candidates. Cumulative voting shall not be permitted.

The initial terms of the Directors shall be fixed at the time of their election as they among themselves shall determine. So long as there are seven (7) Directors, the Directors shall be fixed at three (3) years. So :long as there are eight (8) or more Directors, there shall be concurrent terms for no less than three (3) members. At the expiration of the -4initial tenn of office of each respective member of the Board of Directors, a successor shall be elected to s~rve for the term of three (3) years. The members of the Board of Directors shall hold office until their respective successors shall have been elected by the Association.

4.06 Any vacancy occurring in the Board of Directors may be filled by affirmative vote of a majority of the remaining Directors, although less than a quorum of the Board of Directors. A Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office.

4.07 Directors shall be elected by plurality vote. Cumulative voting shall not be permitted.

4.08 Upon the termination of the Class 8 membership, at any regular or special

f his predecessor in office.

4.07 Directors shall be elected by plurality vote. Cumulative voting shall not be permitted.

4.08 Upon the termination of the Class 8 membership, at any regular or special meeting of the Association duly called, any one or more of the members of the Board of Directors may be removed, with or without cause, by a majority vote of the Owners of Lots, and a successor may then and there be elected to fill the vacancy thus created. A Director whose removal has been proposed by the Owners of Lots shall be given at least ten (1 0) days' notice of the calling of the meeting and the purpose thereof and shall be given an opportunity to be heard at the meeting. Additionally, any Director who has three (3) consecutive unexcused absences from Board meetings or who is delinquent in the payment of an assessment for more than twenty (20) days may be removed by a majority vote of the Directors at a meeting, a quorum being present. A Director who was elected solely by the votes of members other than the Declarant may be removed from office prior to the expiration of his or her term by the votes of a majority of members other than the Declarant.

In the event of death or resignation of a Director, his or her successor shall be selected by a majority of the remaining members of the Board and shall serve for the unexpired term of the predecessor.

4.09 Regular or special meetings of the Board of Directors may be held within or without the State of Texas.

4.10 A Chairman of the Board shall be elected by majority vote at each first and annual meeting and shall preside over the Board meetings until removed and replaced by majority vote or until the succeeding annual meeting. The Chairman of the Board shall

rity vote at each first and annual meeting and shall preside over the Board meetings until removed and replaced by majority vote or until the succeeding annual meeting. The Chairman of the Board shall preside over all meetings of the Board of Directors, and in his absence, the President shall preside over meetings of the Board of Directors.

4.11 The first meeting of each newly elected Board of Directors shall be held at such time and place as shall be fixed by the .yote of the members at the annual meeting and no notice of such meeting shall be necessary to the newly elected Directors in order legally to constitute the meeting, provided a quorum shall be present. lf the members fail to fix the time and place of such first meeting, it shall be held without notice immediately -5following the annual meeting of the members, and at such time and place, unless by unanimous consent of the Directors then elected and serving, such time or place shall be changed.

4.12 Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Directors, but at least four (4) such meetings shall be held during each fiscal year with at least one (1) per quarter. Notice of the time and place of the meeting shall be posted at a prominent place within the Common Area and shall be communicated to Directors not less than four (4) days prior to the meeting; provided, however, notic.e of a meeting need not be given to any Director who has signed a waiver of notice or a written consent to holding of the meeting.

4.13 Special meetings of the Board of Directors may be called by the Chairman of the Board of Directors or the President and shall be called by any officer on the written

nt to holding of the meeting.

4.13 Special meetings of the Board of Directors may be called by the Chairman of the Board of Directors or the President and shall be called by any officer on the written request of one (1) Director. Notice of any special meeting of the Board of Directors shall be given to each Director at least four (4) business days before the date of meeting.

4.14 Regular or special meetings may be held by conference telephone or similar communication equipment.

4.15 Attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened, but a written waiver may be executed as evidence of such attendance. Except as may be otherwise provided by law, by the Articles of Incorporation, or by these By-Laws, neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the notice or waiver of notice to such meeting.

4.16 Except for Directors elected and appointed during the Declarant's control, the first election of the Board shall be conducted at the first meeting of the Association.

At such election, the members or their proxies may cast, with respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of. votes shall be elected. Voting for Directors shall be by secret written ballot. After the happening of events as contained in Section 4.05(a) of this Article, and so long as a majority of the votes of the Association resides in the

for Directors shall be by secret written ballot. After the happening of events as contained in Section 4.05(a) of this Article, and so long as a majority of the votes of the Association resides in the Declarant or so long as there are two (2) outstanding classes of membership in the Association, not less than twenty (20°/o) per cent of the incumbents on the Board shall have been elected solely by the votes of the owners other than the Declarant.

4.17 At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meeting at which there .. is a quorum shall be the act of the Board of Directors. If a quorum shall not be present at any meeting of the Directors, the Directors -6present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present.

4.18 The Board of Directors by resolution passed by a majority of the entire Board, may from time to time designate members of the Board to constitute committees, including an executive committee, which shall in each case consist of such number of Directors, not less than two, and shall have and may exercise such powers as the Board may determine and specify in the respective resolutions appointing them. A majority of all the members of any such committee may determine its action and fix the time and place of any meeting, unless the Board of Directors ~hall otherwise direct. The Board of Directors shall have power at any time to change the number and the members of any such committee, to fill vacancies and to discharge any such committee.

4.19 Any action required or permitted to be taken at a meeting of the Board of

y time to change the number and the members of any such committee, to fill vacancies and to discharge any such committee.

4.19 Any action required or permitted to be taken at a meeting of the Board of Directors or at any executive committee meeting may be taken without a meeting if a consent in writing, setting forth the actions so taken, is signed by all members of the Board of Directors or such committee, as the case may be.

4.20 By resolution of the Board of Directors, the Directors may be paid their expenses, if any, of attending each meeting of the Board and may be paid a fixed sum for attending each meeting of the Board or the stated salary for a Director. No such payment shall preclude any Director from serving the Association in any other capacity and receiving compensation therefor. Members of the executive committee or of special or standing committees may, by resolution of the Board of Directors, be allowed like compensation for attending committee meetings.

4.21 The Board of Directors shall keep regular minutes of its proceedings and such minutes shall be placed in the minute book of the Association.

4.22 Powers and Duties -The Board of Directors shall be responsible for the affairs of the Association and shall have all the powers and duties necessary for the administration of the Association's affairs and, as provided by law, may do all acts and things as are not by the Declaration, Articles, or these Bylaws directed to be done and exercised exclusively by the members.

The Board of Directors shall delegate to one of its members the authority to act on behalf of the Board of Directors on all matters relating to the duties of the Managing Agent or Manager, if any, which might arise between meetings of the Board of Directors.

s the authority to act on behalf of the Board of Directors on all matters relating to the duties of the Managing Agent or Manager, if any, which might arise between meetings of the Board of Directors.

In addition to the duties imposed by these Bylaws or by any resolution of the Association that may be hereafter adopted, and subject to the restrictions imposed by the Declarations, the Board of Directors shall have the power to and be responsible for the following, by way of explanation, but not limitation: -7(a) preparation and adoption of an annual budget in which there shall be established the contribution of each owner to the common expenses; (b) making assessments to defray the common expenses, establishing the means and methods of collecting such assessments, and establishing the period of the installment payments of the annual assessment; (Unless otherwise determined by the Board of Directors, the annual assessment against the proportionate share of the common expenses shall be payable in equal monthly installments, each such installment to be due and payable in advance on the first day of each month for said month); (c) providing for the operation, care, upkeep, and maintenance of all the Area of Common Responsibility; (d) designating, hiring, and dismissing the personnel necessary for the maintenance, operation, repair, and replacement of the Association, its property, and the Area of Common Responsibility and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and material to be used by such personnel in the performance of these duties; (e) collecting the assessments, depositing the proceeds thereof in a bank depository which it shall approve, and using the proceeds to administer the Association;

l in the performance of these duties; (e) collecting the assessments, depositing the proceeds thereof in a bank depository which it shall approve, and using the proceeds to administer the Association; (f) making and amending rules and regulations; (g) opening of bank accounts on behalf of the Association and designating the signatories required; (h) making or contracting for the making of repairs, additions, and improvements to or alterations of the Common area in accordance with the other provisions of the Declaration and these Bylaws after damage or destruction by fire or other casualty; (i) enforcing by legal means the provisions of the Declaration, these Bylaws, and the rules and regulations adopted by it and bringing any proceedings which may be instituted on behalf of or against the owners concerning the Association; U) obtaining and carrying insurance against casualties and liabilities, as provided in the Declaration, and paying the premium cost thereof; (k) paying the cost of all services rendered to the Association or its members and not chargeable to owners; and (I) keeping books with detailed accounts of the receipts and expenditures affecting the Association and its administration, specifying the maintenance -8and repair expenses and any other expenses incurred. The said books and vouchers accrediting the entries thereupon shall be available for examination by the owners and mortgagees, their duly authorized agents, accounts, or attorneys, during general business hours on working days at the time and in a manner that shall be set and announced by the Board of Directors for the general knowledge of the owners. All books and records shall be kept in· accordance with generally accepted accounting practices.

nner that shall be set and announced by the Board of Directors for the general knowledge of the owners. All books and records shall be kept in· accordance with generally accepted accounting practices.

(m) make available to any prospective purchaser of a Residential Unit, any Owner of a Residential Unit, any first Mortgagee, and the Holders, Insurers, and Guarantors of a first Mortgage on any Residential Unit current copies of the Declaration, the Articles of Incorporation, the bylaws, rules governing the Residential Unit, and all other books, records, and financial statements of the Association; and (n) permit utility suppliers to use portions of the Common Area reasonably necessary to the ongoing development or operation of the Project.

Article V: NOTICES 5.01 Any notice to Directors or members shall be in writing and shall be delivered personally or mailed to the Directors or members _at their respective addresses appearing on the books of the Association. Notice by mail shall be deemed to be given at the time when the same shall be deposited in the United States mail, postage prepaid.

5.02 Any notice required to be given may be subject to a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, and such waiver shall be deemed equivalent to the giving of such notice, in a timely manner. Any such signed waiver of notice, or a signed copy thereof, shall be placed in the minute book of the company. Attendance of such persons at any meeting shall constitute a waiver of notice of such meeting, except where the persons attend for the express purpose of objecting that the meeting is not lawfully convened.

Article VI: MANAGEMENT AGENT 6.01 Management Agent. .

waiver of notice of such meeting, except where the persons attend for the express purpose of objecting that the meeting is not lawfully convened.

Article VI: MANAGEMENT AGENT 6.01 Management Agent. .

(a) The Board of Directors may employ for the Association a professional management agent or agents at a compensation established by the Board of Directors to perform such duties and services as the Board of Directors shall authorize.

The Board of Directors may delegate to the managing agent or manager, subject to the Board's supervision, all the powers granted to the Board of directors by these Bylaws, other than the powers set forth in subparagraphs (a), (b), (f), (g) and (i) of Section 4.22 of Article IV. The Declarant, or an affiliate of the peclarant, may be employed as managing agent or manager.

-9(b) No management contract may have a term in excess of three (3) years and must permit termination by either party without cause and without termination fee on ninety (90) days or less written notice.

Article VII: ACCOUNTS AND REPORTS 7.01 Accounts and Reports. The following management standards of performance will be followed unless the Board by resolution specifically determines othervvise: (a) accrual accounting, as defined by generally accepted accounting principles, shall be employed; (b) accounting and controls should conform with established American Institute of Certified Public Accountants (AI CPA) guidelines and principles; (A segregation of accounting duties should be maintained, and disbursements by check shall require two (2) signatures. Cash disbursements shall be limited to amounts of Twenty-Five Dollars ($25.00) and under); (c) cash accounts of the Association shall not be commingled with any other accounts;

ire two (2) signatures. Cash disbursements shall be limited to amounts of Twenty-Five Dollars ($25.00) and under); (c) cash accounts of the Association shall not be commingled with any other accounts; (d) no remuneration shall be accepted by the Managing Agent from vendors, independent contractors, or others providing goods and services to the Association, whether in the form of commissions, finder's fees, service fees, prizes, gifts, or otherwise; anything of value received shall be applied to the benefit of the Association' (e) any financial or other interest which the Managing Agent may have in any firm providing goods or services to the Association shall be disclosed promptly to the Board of Directors; and (f) commencing at the end of the month in which the first Residential Unit is sold and closed, quarterly financial reports shall be prepared for the Association containing: (i) an Income Statement reflecting all income and expense activity for the preceding thee (3) months on an accrual basis; (ii) an Account Activity Statement reflecting all receipt and disbursement activity for the preceding three (3) months on an accrual basis; (iii) an Account Status Report reflecting the status of all accounts in an actual versus approved budget format with a Budget Report reflecting any actual or pending obligations which are in excess of budgeted amounts by an amount -10exceeding the operating reserves or ten percent (1 0°/o) of a major budget category (as distinct from a specific line item in an expanded chart of accounts); (iv) a Balance Sheet of an accounting date which is the last day of the month closest in time to three (3) months from the date of closing of the first sale of a Residential Unit in the project, and an Operating Statement for the period from the

ich is the last day of the month closest in time to three (3) months from the date of closing of the first sale of a Residential Unit in the project, and an Operating Statement for the period from the date of the first closing to the said accounting date, which shall be distributed within sixty (60) days after the accounting date; (v) a Balance She~t as of the last day of the Association's fiscal year and an Operating Statement for said fiscal year, which shall be distributed within ninety (90) days after the close of a fiscal year; and · (vi) a Delinquency Report listing all owners who have been delinquent during the preceding three (3) month period in paying the monthly installments of assessments and who remain delinquent at the time of the report and describing the status of any action to collect such installments which remain delinquent. Except as otherwise stated in the Declarations, a monthly installment of the assessment shall be considered to be delinquent on the fifteenth (15th) day of each month.

Article VIII: BORROWING 8.01 The Board of Directors shall have the power to borrow for the purpose of repair or restoration of the Common Area and facilities without the approval of the members of the Association; provided, however, the Board shall obtain membership approval in the same manner provided in the Declarations for special assessments in the event that the proposed borrowing is for the purpose of modifying, improving, or adding amenities, and the total amount of such borrowing exceeds or would exceed five (5o/o) per cent of the budgeted gross expenses of the Association for that fiscal year.

Article IX: RIGHTS OF THE ASSOCIATION 9.01 With respect to the Common Areas or other Association responsibilities,

o/o) per cent of the budgeted gross expenses of the Association for that fiscal year.

Article IX: RIGHTS OF THE ASSOCIATION 9.01 With respect to the Common Areas or other Association responsibilities, in accordance with the Articles of ln~orporation and Bylaws of the Association, the Association shall have the right to contract with any person for the performance of various duties and functions. Without limiting the foregoing, this right shall entitle the Association to enter into common management, operational, or other agreements with trusts.

condominiums, cooperatives, or neighborhood and other home owners or residents associations, both within and without Bristol Pointe. Such agreements shall require the consent of two-thirds (213) of the total votes of all Directors of the Association.

-11Article X: HEARING PROCEDURE 10.01 The Board shall not impose a fine, suspend voting, or infringe upon any other rights of a member or other occupant for violations of rules unless and until the following procedure is followed: (a) Demand. Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying: ..

(i) the alleged violation; (ii) the action required to abate the violation; and (iii) a time period, not less than ten (1 0) days, during which the violation may be abated without further sanction, if such violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of a sanction after notice and hearing if the violation is not continuing.

(b) Notice. At any time within twelve (12) months of such demand, if the violation continues past the period allowed in the demand for abatement without

and hearing if the violation is not continuing.

(b) Notice. At any time within twelve (12) months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty or if the same rule is subsequently violated, the Board or its delegate shall serve the violator with written notice of a hearing to be held by the Covenants Committee in executive session. The notice shall contain: (i) the nature of the alleged violation; (ii) the time and place of the hearing, which time shall not be less than ten (1 0) days from the giving of the notice; (iii) an invitation to attend the hearing and produce any statement, evidence, and witness on his or her behalf; and (iv) the proposed sanction to be imposed.

(c) Hearing. The hearing shall be held in executive session pursuant to this notice affording the member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, Director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appe.ars at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.

-12(d) Appeal. Following a hearing before the Covenants Committee, the violator shall have the right to appeal the decision to the Board of Directors. To perfect this right, a written notice of appeal must be received by the Manager, President, or Secretary of the Association within thirty (30) days after the hearing date.

to the Board of Directors. To perfect this right, a written notice of appeal must be received by the Manager, President, or Secretary of the Association within thirty (30) days after the hearing date.

Article XI: DECLARANTS VETO 11.1 From the termination of the Class 8 membership, the Declarant shall have a veto power over all actions of the Board, as is more ful-ly provided below. This power shall expire when the number of Class A voters other than those Owners formerly owning Class 8 votes is equal to fifty percent (50°/o) of the total number of votes entitled to be cast.

This veto power shall be exercisable only by Declarant, its successors, and assigns.

The veto shall be as follows: No action authorized by the Board of Directors shall become effective, nor shall any action, policy, or program be implemented, until and unless; (a) Declarant shall have been given written notice of all meetings by certified mail, return receipt requested, or by personal delivery at the address it has registered with the Secretary of the Association, as it may change from time to time, which notice complies with Article Ill, Sections 9 and 10, of the Bylaws as to regular and special meetings of the Directors, and which notice shall, except in the case of the regular meetings held pursuant to the Bylaws, set forth in reasonable particularity the agenda to be followed at said meeting; and (b) declarant shall be given the opportunity at any such meeting, if Declarant so desires, to join in or to have its representatives or agents join in discussion from the floor of any prospective action, policy, or program to be implemented by the Board. Declarant and its representatives or agents shall make its concerns, thoughts, and

gents join in discussion from the floor of any prospective action, policy, or program to be implemented by the Board. Declarant and its representatives or agents shall make its concerns, thoughts, and suggestions known to the members of the Association and/or Board. At such meeting, Declarant shall have and is hereby granted a veto power over any such action, policy, or program authorized by the Board of Directors and to be taken by said Board, the Association, or any individual member. of the Association if Board approval is necessary for said member's action. Said veto may be exercised by Declarant, its representatives, or agents at the meeting held pursuant to the terms and provisions hereof. Any veto power shall not extend to the requiring of any action or counteraction on behalf of the Board or Association.

This Section 25 may not be amended without the express written consent of the Declarant until Declarant no longer owns any land described in Exhibits A or B to the Declaration or until December 31, 2005, which~ver first occurs.

-13Article XII: PROHIBITED ACTS 12.1 The Board of Directors shall not take any of the following actions except with the written consent of a majority of the total votes of the Association, other than those of the Declarant: (a) incurring aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of five percent (5°/o) of the budgeted gross expenses of the Association for that fiscal year; · (b) selling during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5°/o) of the budgeted gross expenses of the Association for that fiscal year; (c) paying compensation other than such compensation to Board

ng an aggregate fair market value greater than five percent (5°/o) of the budgeted gross expenses of the Association for that fiscal year; (c) paying compensation other than such compensation to Board members as may be otherwise allowed in these Bylaws, to members of the Board or to the officers of the Association for services performed in the conduct of the Association's business; provided, however, the Board may cause a Member or officer to be reimbursed for expenses incurred in carrying on the business of the Association; (d) levy special assessments which in the aggregate exceed five percent (5°/o) of the budgeted gross expenses of the Association for that fiscal year; (e) fill a vacancy on the Board created by the removal of a Director; or (f) enter into a contract with a third person wherein the third person will furnish goods or services for the Common area of the Association for a term longer than one (1) year with the following exceptions: (i) a management contract, the terms of which have been approved by the Federal Housing Administration or Veterans' Administration; (ii) a contract with a public utility company. if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; (iii) prepaid casualty and/or liability insurance policies of not to exceed three (3) years duration, provided that the policy permits short rate cancellation .~Y the insured; and -14Article XII: OFFICERS 13.01 Any two or more offices of the Association may be held by the same person.

13.02 The Board of Directors shall elect a President, Vice-President, Secretary,

nsured; and -14Article XII: OFFICERS 13.01 Any two or more offices of the Association may be held by the same person.

13.02 The Board of Directors shall elect a President, Vice-President, Secretary, Treasurer and such other officers and assistant officers as it may deem desirable for the conduct of the affairs of the Association.

13.03 The salaries of all officers and employees of the Association shall be fixed by the Board of Directors. The Board of Directors shall have the power to enter into contracts for the employment and compensation of officers and employees on such terms as the Board deems advisable.

13.04 The officers of the Association shall hold office until their successors are elected or appointed and qualified, or until their death, resignation, or removal from office.

Any officer elected or appointed by the Board of Directors may be removed at any time by the Board, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or employer shall not of itself create contract rights. Any vacancy occurring in any office of the Association by death, resignation, removal, or otherwise, may be filled by the Board of Directors.

13.05 Any officer may be removed, either with or without cause, by the Board of Directors, at any regular or special meeting or, except in the case of an officer chosen by the Board of Directors, by any officer upon whom such power of removal may be conferred by the Board of Directors.

13.06 Any officer may resign at any time by giving written notice to the Board of Directors, or to the President, or to the Secretary of the Association. Any such resignation shall take effect at the date of the receipt of this notice or at any later specified time; and,

e Board of Directors, or to the President, or to the Secretary of the Association. Any such resignation shall take effect at the date of the receipt of this notice or at any later specified time; and, unless otherwise specified, the acceptance of this resignation shall not be necessary to make it effective.

13.07 The Board of Directors, except as otherwise provided in these By-Laws, may authorize any officer to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Association and such authority maybe general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the Association by any contract or engagement or to pledge its credit or to render it liable pecuniarily for any purpose or in any amount.

13.08 The President shall be the chief executive officer of the Association, shall have general and active management of the business of the Association, and shalt see that all orders and resolutions of the Board of Directors are carried into effect. He shall preside -15at all meetings of the members and, in the absence of a Chairman of the Board, at al1 meetings of the Board of Directors.

13.09 The Vice-Presidents, in the order of their seniority, unless othervJise determined by the Board of Directors, shall, in the absence or disability of the President, perform the duties and have the authority and exercise the powers of the President. They shall perform such other duties and have such other authority and powers as the Board of Directors may from time to time prescribe, or as the President may from time to time delegate.

13.10 The Secretary shall attend all meetings of the Board of Directors and of

and powers as the Board of Directors may from time to time prescribe, or as the President may from time to time delegate.

13.10 The Secretary shall attend all meetings of the Board of Directors and of the members and record all business transacted at such meetings in a minute book to be kept for that purpose, and he shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of the members and perform such other duties as may be prescribed by the Board of Directors, or President, under whose supervision he shall be. He shall keep and take custody of the seal of the Association and, when authorized by the Board of Directors, shall affix the same to any instrument requiring it, and, when so affixed, it shall be attested by his signature or by the signature of an Assistant Secretary or of the Treasurer.

13.11 The Assistant Secretaries shall, in the absence or disability of the Secretary, perform the duties and exercise the powers of the Secretary. They shall perform such other duties,and have such other powers as the Board of Directors may from time to time prescribe or as the President may from time to time delegate.

13.12 The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate accounts and records of receipts, disbursements and other transactions in books belonging to the Association and shall deposit all funds and other valuable effects in the name and to the credit of the Association, in such depositories as may be designated by the Board of Directors.

13.13 The Treasurer shall disburse funds of the Association as may be ordered by the Board of Directors, taking proper vouchers for such disbursements, and shall render

ated by the Board of Directors.

13.13 The Treasurer shall disburse funds of the Association as may be ordered by the Board of Directors, taking proper vouchers for such disbursements, and shall render to the President and the Board of Directors at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association.

13.14 The Treasurer shall perform such other duties and have such other authority as the Board of Directors may from time to time prescribe, or as the President may from time to time delegate.

13.15 The Assistant Treasurers in the order of their seniority, unless otherwise detennined by the Board of Directors, shall in the absence or disability of the Treasurer, perform the duties and have the authority and exercise the powers of the Treasurer. They -16shall perform such other duties and have such other powers as the Board of Directors may from time to time prescribe or the President may from time to time delegate.

Article XIV: COMMITIEES 14.01 Committees to perform such tasks and to serve for such periods as may be designated by a resolution adopted by a majority of the Directors present at a meeting at which a quorum is present are hereby authorized. Such committees shall perform such duties and have such powers as may be provided in the resolution. Each committee shall be composed as required by law and shall operate in accordance with the terms of the resolution of the Board of Directors designating the committee or with rules adopted by the Board of Directors. · 14.02 The Board of Directors shall appoint a Covenants Committee consisting of at least five (5) and no more than seven (7) members. Acting in accordance with the

adopted by the Board of Directors. · 14.02 The Board of Directors shall appoint a Covenants Committee consisting of at least five (5) and no more than seven (7) members. Acting in accordance with the provisions of the Declaration, these Bylaws, and resolutions the Board may adopt, the Covenants Committee shall be the hearing tribunal of the Association.

Article XV: OTHER PROVISIONS 15.01 The Association shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members and Board of Directors, and shall keep at its registered office or· principal place of business, or at the office of its transfer agent or registrar, a record of its members, giving the names and addresses of all members and the number and class of the shares held by each.

15.02 All checks or demands for money and notes of the Association shall be signed by such officer or officers or such other person or persons as the Board of Directors may from time to time designate.

15.03 Except as may be modified by Board resolution establishing modified procedures, Robert's Rules of Order (current edition) shall govern the conduct of Association proceedings when not in conflict with Texas law, the Articles of Incorporation, the Declaration, or these Bylaws.

15.04 Books and Records.

(a) Inspection by Members. The membership register, books of account, and minutes of meetings of the members, the Board, and committees shall be made available for inspection and copying by any member of the Association or by his or her duly appointed representative at any.. reasonable time and for a purpose reasonably related to his or her interest as a member at the office of the Association or at such other place within Bristol Pointe as the Board shall prescribe.

-17-

reasonable time and for a purpose reasonably related to his or her interest as a member at the office of the Association or at such other place within Bristol Pointe as the Board shall prescribe.

-17(b) Rules for Inspection. The Board shall establish reasonable rules with respect to: (I) notice to be given to the custodian of the records by the member desiring to make the inspection; (ii) hours and days of the week when such an inspection may be made; and (iii) pC;lyment of tbe cost of reproducing copies of \ documents requested by a member.

(c) Inspection by Directors. Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents at the expense of the Association.

15.05 The fiscal year of the Association shall be fixed by resolution of the Board of Directors.

15.06- The Association's.seal shall be in such form as maybe prescribed by the Board of Directors. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced.

15.07 The Association shall indemnify any person who serves as a Director, officer, agent or employee of the Association against expenses actually and necessarily incurred by such person, and any amount paid in satisfaction of judgment in connection with any action, suit or proceeding in which he is made a party by reason of being or having been such a Director, officer, agent or employee, except in relation to matters as to which he shall be adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct.

such a Director, officer, agent or employee, except in relation to matters as to which he shall be adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct.

15.08 The Association also may reimburse to any such person described in the preceding paragraph the reasonable costs of settlement of any such proceeding, if it is found by a majority of the Directors not involved in the proceeding that it was in the interest of the Association to make such settlement and that such person was not guilty of gross negligence or willful misconduct. These rights of indemnification and reimbursement shall not be exclusive of any other right to which such person may be entitled by law, By-Law, agreement, members vote or otherwise.

15.09 Any Director, officer or agent may resign by giving written notice to the President or the Secretary. The resignation shall take effect at the time specified therein, -18or immediately if no tirr~e is specified therein. Unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

Article XVI: AMENDMENT AND CONSTRUCTION -16.01 These Bylaws maybe altered, amended, or repealed-or new Bylaws may be adopted by the members at any regular or special meeting. In addition, if the members delegate to the Board of Directors the power to alter, amend or repeal the Bylaws, or to adopt new Bylaws, the Board of Directors shall act accordingly at any regular or special meeting upon notice given at least ten (1 0) days pri,or to any meeting stating that purpose.

16.02 If any portion of these Bylaws shall be invalid or inoperative, then, so far as is reasonable, the remainder of these Bylaws shall be considered valid and operative

meeting stating that purpose.

16.02 If any portion of these Bylaws shall be invalid or inoperative, then, so far as is reasonable, the remainder of these Bylaws shall be considered valid and operative and effect shall be given to the intent manifested by the portion held invalid or inoperative.

-19STATE OF TEXAS COUNTY OF COLLIN NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR § § § Bristol Pointe Homeowners Association Inc.

KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions" dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 Bristol Pointe Homeowners Association Inc.

By ~ Duly AllthOfedgeOt ACKNOWLEDGMENT EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION. INC.

SOLAR DEVICE POLICY ENERGY EFFICIENT ROOFING POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the "Covenant").

Note: Texas statutes presently render null and void any restriction in the Covenant which prohibits the installation of solar devices or energy efficient roofing on a residential lot. The Board and/or the architectural approval authority under the Covenant has adopted this policy in lieu of any express prohibition against solar devices or energy efficient roofing, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A. DEFINITIONS AND GENERAL PROVISIONS

rohibition against solar devices or energy efficient roofing, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A. DEFINITIONS AND GENERAL PROVISIONS 1. Solar Energy Device Defined. A "Solar Energy Device" means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.

2. Energy Efficiency Roofing Defined. As used in this Policy, "Energy Efficiency Roofing" means shingles that are designed primarily to: (a) be wind and hail resistant; (b) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (c) provide solar generation capabilities.

3. Architectural Review Approval Required. Approval by the architectural review authority under the Covenant (the" ACC") is required prior to installing a Solar Energy Device or Energy Efficient Roofing. The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising the installation or construction to confirm compliance with an approved application; or (iii) the compliance of approved application with governmental codes and ordinances, state and federal laws.

B. SOLAR ENERGY DEVICE PROCEDURES AND REQUIREMENTS During any development period under the terms and provisions of the Covenant, the architectural review approval authority established under the Covenant need not adhere to the terms and provisions of this Solar Device Policy and may approve, deny, or further restrict the installation of

tectural review approval authority established under the Covenant need not adhere to the terms and provisions of this Solar Device Policy and may approve, deny, or further restrict the installation of any Solar Device. A development period continues for so long as the Declarant has reserved the right to facilitate the development, construction, size, shape, composition and marketing of the community.

1. Approval Application. To obtain ACC approval of a Solar Energy Device, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the "Solar Application"). A Solar Application may only be submitted by an Owner unless the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Solar Application.

2. Approval Process. The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. The ACC will approve a Solar Energy Device if the Solar Application complies with Section B.3 below UNLESS the ACC makes a written determination that placement of the Solar Energy Device, despite compliance with Section B.3, will create a condition that substantially interferes with the use and enjoyment of the property within the community by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The ACC's right to make a written determination in accordance with the foregoing sentence is negated if all Owners of property

nreasonable discomfort or annoyance to persons of ordinary sensibilities. The ACC's right to make a written determination in accordance with the foregoing sentence is negated if all Owners of property immediately adjacent to the Owner/applicant provide written approval of the proposed placement.

Notwithstanding the foregoing provision, a Solar Application submitted to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by members of the Association will not be approved despite compliance with Section B.3. Any proposal to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.

Each Owner is advised that if the Solar Application is approved by the ACC, installation of the Solar Energy Device must: (i) strictly comply with the Solar Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Solar Energy Device to be installed in accordance with the approved Solar Application, the ACC may require the Owner to: (i) modify the Solar Application to accurately reflect the Solar Energy Device installed on the property; or (ii) remove the Solar Energy Device and reinstall the device in accordance with the approved Solar Application. Failure to install a Solar Energy Device in accordance with the approved Solar Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by

olar Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Solar Application or remove and relocate a Solar Energy Device in accordance with the approved Solar Application shall be at the Owner's sole cost and expense.

3. Approval Conditions. Unless otherwise approved in advance and in writing by the ACC, each Solar Application and each Solar Energy Device to be installed in accordance therewith must comply with the following: (i) The Solar Energy Device must be located on the roof of the residence located on the Owner's lot, entirely within a fenced area of the Owner's lot, or entirely within a fenced patio located on the Owner's lot. If the Solar Energy Device will be located on the roof of the residence, the ACC may designate the location for placement unless the location proposed by the Owner increases the estimated annual energy production of the Solar Energy Device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the Solar Energy Device if installed in the location designated by the ACC. If the Owner desires to contest the alternate location proposed by the ACC, the Owner should submit information to the ACC which demonstrates that the Owner's proposed location meets the foregoing criteria. If the Solar Energy Device will be located in the fenced area of the Owner's lot or patio, no portion of the Solar Energy Device may extend above the fence line.

(ii) If the Solar Energy Device is mounted on the roof of the principal residence located on

ed area of the Owner's lot or patio, no portion of the Solar Energy Device may extend above the fence line.

(ii) If the Solar Energy Device is mounted on the roof of the principal residence located on the Owner's lot, then: (A) the Solar Energy Device may not extend higher than or beyond the roofline; (B) the Solar Energy Device must conform to the slope of the roof and the top edge of the Solar Device must be parallel to the roofline; (C) the frame, support brackets, or visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.

C. ENERGY EFFICIENT ROOFING The ACC will not prohibit an Owner from installing Energy Efficient Roofing provided that the Energy Efficient Roofing shingles: (i) resemble the shingles used or otherwise authorized for use within the community; (ii) are more durable than, and are of equal or superior quality to, the shingles used or otherwise authorized for use within the community; and (iii) match the aesthetics of adjacent property.

An Owner who desires to install Energy Efficient Roofing will be required to comply with the architectural review and approval procedures set forth in the Covenant. In conjunction with any such approval process, the Owner should submit information which will enable the ACC to confirm the criteria set forth in the previous paragraph .

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

D&:l y( Authorized Officer/ Agent Printed Name I STATE OF TEXAS COUNTY OF COLLIN NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR § § § Bristol Pointe Homeowners Association Inc.

KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this

ociation Inc.

KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions" dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson

EREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 Bristol Pointe Homeowners Association Inc.

By: ACKNOWLEDGMENT MARY HARVEY e NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 9-20.2015 EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

RAINWATER HARVESTING SYSTEM POLICY Tenns used but not defined in this policy will have the meaning subscribed to such tenns in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the "Covenant").

Note: Texas statutes presently render null and void any restriction in the Covenant which prohibits the installation of rain barrels or a rainwater harvesting system on a residential lot. The Board and/or the architectural approval authority under the Covenant has adopted this policy in lieu of any express prohibition against rain barrels or rainwater harvesting systems, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A. ARCHITECTURAL REVIEW APPROVAL REQUIRED.

Approval by architectural review authority under the Covenant (the "ACC") is required prior to installing rain barrels or rainwater harvesting system on a residential lot (a "Rainwater Harvesting System"). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances,

r approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.

B. RAINWATER HARVESTING SYSTEM PROCEDURES AND REQUIREMENTS 1. Approval Application. To obtain ACC approval of a Rainwater Harvesting System, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Rainwater Harvesting System; and (ii) a description of the Rainwater Harvesting System, including the color, dimensions, manufacturer, and photograph or other accurate depiction (the "Rain System Application") . A Rain System Application may only be submitted by an Owner unless the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Rain System Application.

2. Approval Process. The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. A Rain System Application submitted to install a Rainwater Harvesting System on property owned by the Association or property owned in common by members of the Association will not be approved. Any proposal to install a Rainwater Harvesting System on property owned by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.

Each Owner is advised that if the Rain System Application is approved by the ACC, installation of the Rainwater Harvesting System must: (i) strictly comply with the Rain System Application; (ii)

uest.

Each Owner is advised that if the Rain System Application is approved by the ACC, installation of the Rainwater Harvesting System must: (i) strictly comply with the Rain System Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Rain System Application to be installed in accordance with the approved Rain System Application, the ACC may require the Owner to: (i) modify the Rain System Application to accurately reflect the Rain System Device installed on the property; or (ii) remove the Rain System Device and reinstall the device in accordance with the approved Rain System Application. Failure to install a Rain System Device in accordance with the approved Rain System Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Rain System Application or remove and relocate a Rain System Device in accordance with the approved Rain System shall be at the Owner's sole cost and expense.

3. Approval Conditions. Unless otherwise approved in advance and in writing by the ACC, each Rain System Application and each Rain System Device to be installed in accordance therewith must comply with the following: (i) The Rain System Device must be consistent with the color scheme of the residence constructed on the Owner's lot, as reasonably determined by the ACC.

(ii) The Rain System Device does not include any language or other content that is not typically displayed on such a device.

(iii) The Rain System Device is in no event located between the front of the residence

in System Device does not include any language or other content that is not typically displayed on such a device.

(iii) The Rain System Device is in no event located between the front of the residence constructed on the Owner's lot and any adjoining or adjacent street.

(iv) There is sufficient area on the Owner's lot to install the Rain System Device, as reasonably determined by the ACC.

(v) If the Rain System Device will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner's property, the ACC may regulate the size, type, shielding of, and materials used in the construction of the Rain System Device. See Section B. 4 for additional guidance.

4. Guidelines for Certain Rain System Devices. If the Rain System Device will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner's property, the ACC may regulate the size, type, shielding of, and materials used in the construction of the Rain System Device. Accordingly, when submitting a Rain Device Application, the application should describe methods proposed by the Owner to shield the Rain System Device from the view of any street, common area, or another Owner's property. When reviewing a Rain System Application for a Rain System Device that will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner's property, any additional regulations imposed by the ACC to regulate the size, type, shielding of, and materials used in the construction of the Rain System Device may not prohibit the economic installation of the Rain System Device, as reasonably determined by the ACC.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

sed in the construction of the Rain System Device may not prohibit the economic installation of the Rain System Device, as reasonably determined by the ACC.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

u y Authorized Officer/Agent Printed Name I STATE OF TEXAS COUNTY OF COLLIN NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR § § § Bristol Pointe Homeowners Association Inc.

KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions" dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies. of the originals

Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies. of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

By: ~ Duly AuthOiiZeAI1t ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS : A Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation. <:(' AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 My Commission Expires MAAYHAAVEY e NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 9-20·201& EXHIBIT A BRISTOL POINTEHOMEOWNERS ASSOCIATION, INC.

FLAG DISPLAY AND FLAGPOLE INSTALLATION POLICY Terms used but not defined in this policy will have the meaning subscribed to such tenns in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the "Covenant").

Note: Texas statutes presently render null and void any restriction in the Covenant which restricts or

970030173, Page, Official Public Records of Collin County, Texas, as amended (the "Covenant").

Note: Texas statutes presently render null and void any restriction in the Covenant which restricts or prohibits the display of certain flags or the installation of certain flagpoles on a residential lot in violation of the controlling provisions of Section 202.011 of the Texas Property Code or any federal or other applicable state law. The Board and/or the architectural approval authority under the Covenant has adopted this policy in lieu of any express prohibition against certain flags and flagpoles, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant.

A. ARCHITECTURAL REVIEW APPROVAL.

1. Approval Required. Approval by the ACC is required prior to installing a flagpole no more than five feet (5') in length affixed to the front of a residence near the principal entry or affixed to the rear of a residence ("Mounted Flagpole") . A Mounted Flag or Mounted Flagpole need to be approved in advance by the architectural review authority under the Covenant (the "ACC"). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.

2. Approval Required. Approval by the ACC is required prior to installing vertical freestanding flagpoles installed in the front or back yard area of any residential lot ("Freestanding Flagpole"). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the

ding flagpoles installed in the front or back yard area of any residential lot ("Freestanding Flagpole"). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.

B. PROCEDURES AND REQUIREMENTS 1. Approval Application. To obtain ACC approval of any Freestanding Flagpole, the Owner shall provide the ACC with the following information: (a) the location of the flagpole to be installed on the property; (b) the type of flagpole to be installed; (c) the dimensions of the flagpole; and (d) the proposed materials of the flagpole (the "Flagpole Application") . A Flagpole Application may only be submitted by an Owner UNLESS the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Flagpole Application.

2. Approval Process. The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. A Flagpole Application submitted to install a Freestanding Flagpole on property owned by the Association or property owned in common by members of the Association will not be approved. Any proposal to install a Freestanding Flagpole on property owned by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.

Each Owner is advised that if the Flagpole Application is approved by the ACC, installation of

in writing by the Board, and the Board need not adhere to this policy when considering any such request.

Each Owner is advised that if the Flagpole Application is approved by the ACC, installation of the Freestanding Flagpole must: (i) strictly comply with the Flagpole Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Freestanding Flagpole to be installed in accordance with the approved Flagpole Application, the ACC may require the Owner to: (i) modify the Flagpole Application to accurately reflect the Freestanding Flagpole installed on the property; or (ii) remove the Freestanding Flagpole and reinstall the flagpole in accordance with the approved Flagpole Application. Failure to install a Freestanding Flagpole in accordance with the approved Flagpole Application or an Owner's failure to comply with the post­ approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Flagpole Application or remove and relocate a Freestanding Flagpole in accordance with the approved Flagpole Application shall be at the Owner's sole cost and expense.

3. Installation, Display and Approval Conditions. Unless otherwise approved in advance and in writing by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed in accordance with the Flagpole Application, must comply with the following: (a) No more than one (1) Freestanding Flagpole OR no more than two (2) Mounted Flagpoles are permitted per residential lot, on which only Mounted Flags may be displayed; (b) Any Mounted Flagpole must be no longer than five feet (5') in length and any Freestanding

two (2) Mounted Flagpoles are permitted per residential lot, on which only Mounted Flags may be displayed; (b) Any Mounted Flagpole must be no longer than five feet (5') in length and any Freestanding Flagpole must be no more than twenty feet (20') in height; (c) Any Mounted Flag displayed on any flagpole may not be more than three feet in height by five feet in width (3'x5'); (d) With the exception of flags displayed on common area owned and/or maintained by the Association and any lot which is being used for marketing purposes by a builder, the flag of the United States of America must be displayed in accordance with 4 U.S.C. Sections 5-10 and the flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code; (e) The display of a flag, or the location and construction of the flagpole must comply with all applicable zoning ordinances, easements and setbacks of record; (f) Any flagpole must be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling; (g) A flag or a flagpole must be maintained in good condition and any deteriorated flag or deteriorated or structurally unsafe flagpole must be repaired, replaced or removed; (h) Any flag may be illuminated by no more than one (1) halogen landscaping light of low beam intensity which shall not be aimed towards or directly affect any neighboring property; and (i) Any external halyard of a flagpole must be secured so as to reduce or eliminate noise from flapping against the metal of the flagpole.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

t~Ul-uthorized Officer/Agent Date Printed Name STATE OF TEXAS COUNTY OF COLLIN NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR § §

e metal of the flagpole.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

t~Ul-uthorized Officer/Agent Date Printed Name STATE OF TEXAS COUNTY OF COLLIN NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR § § § Bristol Pointe Homeowners Association Inc.

KNOW ALL MEN BY THESE PRESENTS: TillS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants , Conditions and Restrictions" dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

STATE OF TEXAS § § Bristol Pointe Homeowners Association Inc.

By = Duly AuthOfiZedllt ACKNOWLEDGMENT COUNTYOFDALLAS § /l Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation. raA£ AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

DISPLAY OF CERTAIN RELIGIOUS ITEMS POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the "Covenant").

1. Display of Certain Religious Items Permitted. An Owner or resident is permitted to display or affix to the entry of the Owner's or resident's dwelling one or more religious items, the display of which is motivated by the Owner's or resident's sincere religious belief. This Policy outlines the

affix to the entry of the Owner's or resident's dwelling one or more religious items, the display of which is motivated by the Owner's or resident's sincere religious belief. This Policy outlines the standards which shall apply with respect to the display or affixing of certain religious items on the entry to the Owner's or resident's dwelling.

2. General Guidelines. Religious items may be displayed or affixed to an Owner or resident's entry door or door frame of the Owner or resident's dwelling; provided, however, that individually or in combination with each other, the total size of the display is no greater than twenty-five square inches (5"x5" = 25 square inches).

3. Prohibitions. No religious item may be displayed or affixed to an Owner or resident's dwelling that: (a) threatens the public health or safety; (b) violates applicable law; or (c) contains language, graphics or any display that is patently offensive. No religious item may be displayed or affixed in any location other than the entry door or door frame and in no event may extend past the outer edge of the door frame of the Owner or resident's dwelling. Nothing in this Policy may be construed in any manner to authorize an Owner or resident to use a material or color for an entry door or door frame of the Owner or resident's dwelling or make an alteration to the entry door or door frame that is not otherwise permitted pursuant to the Association's governing documents.

4. Removal. The Association may remove any item which is in violation of the terms and provisions of this Policy.

5. Covenants in Conflict with Statutes. To the extent that any prov1s1on of the Association's recorded covenants restrict or prohibit an Owner or resident from displaying or affixing a

of this Policy.

5. Covenants in Conflict with Statutes. To the extent that any prov1s1on of the Association's recorded covenants restrict or prohibit an Owner or resident from displaying or affixing a religious item in violation of the controlling provisions of Section 202.018 of the Texas Property Code, the Association shall have no authority to enforce such provisions and the provisions of this Policy shall hereafter control.

D Date Printed Name STATE OF TEXAS COUNTY OF COLLIN NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR § § § Bristol Pointe HornP.ownP.rs Association Inc.

KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants , Conditions and Restrictions" dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration , as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin

eal property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

By: Duly Au~f.m ACKNOWLEDGMENT STATE OF TEXAS § § / COUNTY OF DALLAS § :72, Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation. t{J AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 EXHIBIT A BRISTOL. POINTE HOMEOWNERS ASSOCIATION. INC.

RECORDS INSPECTION, COPYING AND RETENTION POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 97-

ION POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the "Covenant").

Note: Texas statutes presently render null and void any restriction in the Covenant which restricts or prohibits the inspection, copying and/or retention of association records and files in violation of the controlling provisions of the Texas Property Code or any other applicable state law. The Board has adopted this policy in lieu of any express prohibition or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant.

1. Written Form. The Association shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.

2. Request in Writing; Pay Estimated Costs In Advance. An Owner (or an individual identified as an Owner's agent, attorney or certified public accountant, provided the designation is in writing and delivered to the Association) may submit a written request via certified mail to the Association's mailing address or authorized representative listed in the management certificate to access the Association's records. The written request must include sufficient detail describing the books and records requested and whether the Owner desires to inspect or copy the records. Upon receipt of a written request, the Association may estimate the costs associated with responding to each request, which costs may not exceed the costs allowed pursuant to Texas Administrative Code Section 70.3, as may be

n request, the Association may estimate the costs associated with responding to each request, which costs may not exceed the costs allowed pursuant to Texas Administrative Code Section 70.3, as may be amended from time to time (a current copy of which is attached hereto). Before providing the requested records, the Association will require that the Owner remit such estimated amount to the Association. The Association will provide a final invoice to the Owner on or before the 30th business day after the records are provided by the Association. If the final invoice includes additional amounts due from the requesting party, the additional amounts, if not reimbursed to the Association before the 30th business day after the date the invoice is sent to the Owner, may be added to the Owner's account as an assessment. If the estimated costs exceeded the final invoice amount, the Owner is entitled to a refund, and the refund shall be issued to the Owner not later than the 30th business day after the date the final invoice is sent to the Owner.

3. Period of Inspection. Within ten (10) business days from receipt of the written request, the Association must either: (1) provide the copies to the Owner; (2) provide available inspection dates; or (3) provide written notice that the Association cannot produce the documents within the ten (10) days along with either: (i) another date within an additional fifteen (15) days on which the records may either be inspected or by which the copies will be sent to the Owner; or (ii) after a diligent search, the requested records are missing and can not be located.

4. Records Retention. The Association shall keep the following records for at least the times periods stated below:

) after a diligent search, the requested records are missing and can not be located.

4. Records Retention. The Association shall keep the following records for at least the times periods stated below: a. PERMANENT: The Articles of Incorporation or the Certificate of Formation, the Bylaws and the Covenant, any and all other governing documents, guidelines, rules, regulations and policies and all amendments thereto recorded in the property records to be effective against any Owner and/or Member of the Association.

b. FOUR (4) YEARS: Contracts with a term of more than one (1) year between the Association and a third party. The four (4) year retention term begins upon expiration of the contract term.

c. FIVE (5) YEARS: Account records of each Owner. Account records include debit and credit entries associated with amounts due and payable by the Owner to the Association, and written or electronic records related to the Owner and produced by the Association in the ordinary course of business.

d. SEVEN (7) YEARS: Minutes of all meetings of the Board and the Owners.

e. SEVEN (7) YEARS: Financial books and records produced in the ordinary course of business, tax returns and audits of the Association.

f. GENERAL RETENTION INSTRUCTIONS: "Permanent" means records which are not to be destroyed. Except for contracts with a term of one (1) year or more (See item 4.b. above), a retention period starts on the last day of the year in which the record is created and ends on the last day of the year of the retention period.

For example, if a record is created on June 14, 2012, and the retention period is five (5) years, the retention period begins on December 31, 2012 and ends on December 31, 2017. If the retention period for a record has elapsed and the

d on June 14, 2012, and the retention period is five (5) years, the retention period begins on December 31, 2012 and ends on December 31, 2017. If the retention period for a record has elapsed and the record will be destroyed, the record should be shredded or otherwise safely and completely destroyed. Electronic files should be destroyed to ensure that data cannot be reconstructed from the storage mechanism on which the record resides.

5. Confidential Records. As determined in the discretion of the Board, certain Association records may be kept confidential such as personnel files, Owner account or other personal information (except addresses) unless the Owner requesting the records provides a court order or written authorization from the person whose records are sought.

6. Attorney Files. Attorney 's files and records relating to the Association (excluding invoices requested by a Owner pursuant to Texas Property Code Section 209.008(d)), are not records of the Association and are not: (a) subject to inspection by the Owner; or (b) subject to production in a legal proceeding. If a document in an attorney's files and records relating to the Association would be responsive to a legally authorized request to inspect or copy Association documents, the document shall be produced by using the copy from the attorney's files and records if the Association has not maintained a separate copy of the document. The Association is not required under any circumstance to produce a document for inspection or copying that constitutes attorney work product or that is privileged as an attorney-client communication.

7. Presence of Board Member or Manager; No Removal. At the discretion of the Board or

ction or copying that constitutes attorney work product or that is privileged as an attorney-client communication.

7. Presence of Board Member or Manager; No Removal. At the discretion of the Board or the Association's manager, certain records may only be inspected in the presence of a Board member or employee of the Association's manager. No original records may be removed from the office without the express written consent of the Board.

BR1STOL POINTE HOMEOWNERS ASSOCIATION, INC.

D 'Authorized Officer/ Agent Date Printed Name TEXAS ADMINISTRATIVE CODE TITLE 1, PART 3, CHAPTER 70 RULE §70.3-CHARGES FOR PROVIDING COPIES OF PUBLIC INFORMATION (a) The charges in this section to recover costs associated with providing copies of public information are based on estimated average costs to governmental bodies across the state. When actual costs are 25% higher than those used in these rules, governmental bodies other than agencies of the state, may request an exemption in accordance with §70.4 of this title (relating to Requesting an Exemption).

(b) Copy charge.

(1) Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $.10 per page or part of a page. Each side that has recorded information is considered a page.

(2) Nonstandard copy. The charges in this subsection are to cover the materials onto which information is copied and do not reflect any additional charges, including labor, that may be associated with a particular request. The charges for nonstandard copies are: (A) Diskette--$1.00; (B) Magnetic tape--actual cost (C) Data cartridge--actual cost; (D) Tape cartridge--actual cost; (E) Rewritable CD (CD-RW)--$1.00; (F) Non-rewritable CD (CD-R)--$1.00;

copies are: (A) Diskette--$1.00; (B) Magnetic tape--actual cost (C) Data cartridge--actual cost; (D) Tape cartridge--actual cost; (E) Rewritable CD (CD-RW)--$1.00; (F) Non-rewritable CD (CD-R)--$1.00; (G) Digital video disc (DVD)--$3.00; (H) ]AZ drive--actual cost; (I) Other electronic media--actual cost; (J) VHS video cassette--$2.50; (K) Audio cassette--$1.00; (L) Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps and photographs using specialty paper--See also §70.9 of this title )--$.50; (M) Specialty paper (e.g.: Mylar, blueprint, blueline, map, photographic--actual cost.

(c) Labor charge for programming. If a particular request requires the services of a programmer in order to execute an existing program or to create a new program so that requested information may be accessed and copied, the governmental body may charge for the programmer's time.

(1) The hourly charge for a programmer is $28.50 an hour. Only programming services shall be charged at this hourly rate.

(2) Governmental bodies that do not have in-house programming capabilities shall comply with requests in accordance with §552.231 of the Texas Government Code.

(3) If the charge for providing a copy of public information includes costs of labor, a governmental body shall comply with the requirements of §552.261(b) of the Texas Government Code.

(d) Labor charge for locating, compiling, manipulating data, and reproducing public information.

(1) The charge for labor costs incurred in processing a request for public information is $15 an hour. The labor charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information.

(2) A labor charge shall not be billed in connection with complying with requests that are

charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information.

(2) A labor charge shall not be billed in connection with complying with requests that are for 50 or fewer pages of paper records, unless the documents to be copied are located in: (A) Two or more separate buildings that are not physically connected with each other; or (B) A remote storage facility.

(3) A labor charge shall not be recovered for any time spent by an attorney, legal assistant, or any other person who reviews the requested information: (A) To determine whether the governmental body will raise any exceptions to disclosure of the requested information under the Texas Government Code, Subchapter C, Chapter 552; or (B) To research or prepare a request for a ruling by the attorney general's office pursuant to §552.301 of the Texas Government Code.

(4) When confidential information pursuant to a mandatory exception of the Act is mixed with public information in the same page, a labor charge may be recovered for time spent to redact, blackout, or otherwise obscure confidential information in order to release the public information. A labor charge shall not be made for redacting confidential information for requests of 50 or fewer pages, unless the request also qualifies for a labor charge pursuant to Texas Government Code, §552.261(a)(1) or (2).

(5) If the charge for providing a copy of public information includes costs of labor, a governmental body shall comply with the requirements of Texas Government Code, Chapter 552, §552.261(b) .

(6) For purposes of paragraph (2)(A) of this subsection, two buildings connected by a covered or open sidewalk, an elevated or underground passageway, or a similar facility, are not considered to be separate buildings.

f paragraph (2)(A) of this subsection, two buildings connected by a covered or open sidewalk, an elevated or underground passageway, or a similar facility, are not considered to be separate buildings.

(e) Overhead charge.

(1) Whenever any labor charge is applicable to a request, a governmental body may include in the charges direct and indirect costs, in addition to the specific labor charge. This overhead charge would cover such costs as depreciation of capital assets, rent, maintenance and repair, utilities, and administrative overhead . If a governmental body chooses to recover such costs, a charge shall be made in accordance with the methodology described in paragraph (3) of this subsection. Although an exact calculation of costs will vary, the use of a standard charge will avoid complication in calculating such costs and will provide uniformity for charges made statewide.

(2) An overhead charge shall not be made for requests for copies of 50 or fewer pages of standard paper records unless the request also qualifies for a labor charge pursuant to Texas Government Code, §552.261(a)(1) or (2).

(3) The overhead charge shall be computed at 20% of the charge made to cover any labor costs associated with a particular request. Example: if one hour of labor is used for a particular request, the formula would be as follows: Labor charge for locating, compiling, and reproducing, hour of labor charge for locating, compiling, and reproducing information ($15.00 per hour); and one hour of programming labor charge ($28.50 per hour), the combined overhead would be: (f) Microfiche and microfilm charge.

information ($15.00 per hour); and one hour of programming labor charge ($28.50 per hour), the combined overhead would be: (f) Microfiche and microfilm charge.

(1) If a governmental body already has information that exists on microfiche or microfilm and has copies available for sale or distribution, the charge for a copy must not exceed the cost of its reproduction. If no copies of the requested microfiche or microfilm are available and the information on the microfiche or microfilm can be released in its entirety, the governmental body should make a copy of the microfiche or microfilm. The charge for a copy shall not exceed the cost of its reproduction . The Texas State Library and Archives Commission has the capacity to reproduce microfiche and microfilm for governmental bodies. Governmental bodies that do not have in-house capability to reproduce microfiche or microfilm are encouraged to contact the Texas State Library before having the reproduction made commercially.

(2) If only a master copy of information in microfilm is maintained, the charge is $.10 per page for standard size paper copies, plus any applicable labor and overhead charge for more than SO copies.

(g) Remote document retrieval charge.

(1) Due to limited on-site capacity of storage documents, it is frequently necessary to store information that is not in current use in remote storage locations. Every effort should be made by governmental bodies to store current records on-site. State agencies are encouraged to store inactive or non-current records with the Texas State Library and Archives Commission. To the extent that the retrieval of documents results in a charge to comply with a request, it is

ouraged to store inactive or non-current records with the Texas State Library and Archives Commission. To the extent that the retrieval of documents results in a charge to comply with a request, it is permissible to recover costs of such services for requests that qualify for labor charges under current law.

(2) If a governmental body has a contract with a commercial records storage company, whereby the private company charges a fee to locate, retrieve, deliver, and return to storage the needed record(s), no additional labor charge shall be factored in for time spent locating documents at the storage location by the private company's personnel. If after delivery to the governmental body, the boxes must still be searched for records that are responsive to the request, a labor charge is allowed according to subsection (d)(1) of this section.

(h) Computer resource charge.

(1) The computer resource charge is a utilization charge for computers based on the amortized cost of acquisition, lease, operation, and maintenance of computer resources, which might include, but is not limited to, some or all of the following: central processing units (CPUs), servers, disk drives, local area networks (LANs), printers, tape drives, other peripheral devices, communications devices, software, and system utilities.

(2) These computer resource charges are not intended to substitute for cost recovery methodologies or charges made for purposes other than responding to public information requests.

(3) The charges in this subsection are averages based on a survey of governmental bodies with a broad range of computer capabilities. Each governmental body using this cost recovery charge shall determine which category(ies) of computer system(s) used to fulfill the public

rnmental bodies with a broad range of computer capabilities. Each governmental body using this cost recovery charge shall determine which category(ies) of computer system(s) used to fulfill the public information request most closely fits its existing system(s), and set its charge accordingly. Type of System--Rate: mainframe--$10 per CPU minute; Midsize--$1.50 per CPU minute; ClientiServer-­ $2.20 per clock hour; PC or LAN--$1.00 per clock hour.

(4) The charge made to recover the computer utilization cost is the actual time the computer takes to execute a particular program times the applicable rate. The CPU charge is not meant to apply to programming or printing time; rather it is solely to recover costs associated with the actual time required by the computer to execute a program. This time, called CPU time, can be read directly from the CPU clock, and most frequently will be a matter of seconds. If programming is required to comply with a particular request, the appropriate charge that may be recovered for programming time is set forth in subsection (d) of this section. No charge should be made for computer print-out time. Example: If a mainframe computer is used, and the processing (5) A governmental body that does not have in-house computer capabilities shall comply with requests in accordance with the §552.231 of the Texas Government Code.

(i) Miscellaneous supplies. The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge for public information.

G) Postal and shipping charges. Governmental bodies may add any related postal or

and other supplies used to produce the requested information, may be added to the total charge for public information.

G) Postal and shipping charges. Governmental bodies may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the requesting party.

(k) Sales tax. Pursuant to Office of the Comptroller of Public Accounts' rules sales tax shall not be added on charges for public information (34 TAC, Part 1, Chapter 3, Subchapter 0, §3.341 and §3.342).

(1) Miscellaneous charges: A governmental body that accepts payment by credit card for copies of public information and that is charged a "transaction fee" by the credit card company may recover that fee.

(m) These charges are subject to periodic reevaluation and update.

Source Note: The provisions of this §70.3 adopted to be effective September 18, 1996, 21 TexReg 8587; amended to be effective February 20, 1997, 22 TexReg 1625; amended to be effective December 3, 1997, 22 TexReg 11651; amended to be effective December 21, 1999, 24 TexReg 11255; amended to be effective January 16, 2003, 28 TexReg 439; amended to be effective February 11, 2004, 29 TexReg 1189; transferred effective September 1, 2005, as published in the Texas Register September 29, 2006, 31 TexReg 8251; amended to be effective February 22,2007, 32 TexReg 614 NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR STATE OF TEXAS COUNTY OF COLLIN § § § Bristol Pointe Homeowners Association Inc.

KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH:

MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions" dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 ofthe Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

By: ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared ~

he date first above written.

Bristol Pointe Homeowners Association Inc.

By: ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared ~ Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., kn wn to me to be' the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.

AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 MARY HARVEY NOTARY PUBLIC ,· STATE OF TEXAS MY COMM. EXP. 9·20.2015 EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

ASSESSMENT COLLECTION POLICY Bristol Pointe Homeowners Association, Inc. is a community (the "Community") created by and subject that Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the "Covenant"). The operation of the Community is vested in Bristol Pointe Homeowners Association, Inc. (the "Association"), acting through its board of directors (the "Board"). The Association is empowered to enforce the covenants, conditions and restrictions of the Covenant, the Bylaws and rules of the Association (collectively, the "Restrictions"), including the obligation of Owners to pay Assessments pursuant to the terms and provisions of the Covenant.

The Board hereby adopts this Assessment Collection Policy to establish equitable policies and procedures for the collection of Assessments levied pursuant to the Restrictions. Terms used in this

nant.

The Board hereby adopts this Assessment Collection Policy to establish equitable policies and procedures for the collection of Assessments levied pursuant to the Restrictions. Terms used in this policy, but not defined, shall have the meaning subscribed to such term in the Restrictions.

Section 1. DELINQUENCIES, LATE CHARGES & INTEREST 1-A. Due Date. An Owner will timely and fully pay Assessments. Regular Assessments are assessed annually and are due and payable on the first calendar day of the month at the beginning of the fiscal year, or in such other manner as the Board may designate in its sole and absolute discretion.

1-B. Delinquent. Any Assessment that is not fully paid when due is delinquent. When the account of an Owner becomes delinquent, it remains delinquent until paid in full -including collection costs, interest and late fees.

1-C. Late Fees & Interest. If the Association does not receive full payment of an Assessment by 5:00 p.m. after the late date established by the Board, the Association may levy a late fee per month and/or interest at the highest rate allowed by applicable usury laws then in effect or what is specified in the association governing documents on the amount of the Assessment from the late date therefore (or if there is no such highest rate, then at the rate of 1 and 1/2% per month) until paid in full.

1-D. Liability for Collection Costs. The defaulting Owner is liable to the Association for the cost of title reports, assessment liens, credit reports, certified mail, long distance calls, court costs, filing fees, and other reasonable costs and attorney's fees incurred by the Association in collecting the delinquency.

1-E. Insufficient Funds. The Association or managing agent may levy a reasonable fee for any check

other reasonable costs and attorney's fees incurred by the Association in collecting the delinquency.

1-E. Insufficient Funds. The Association or managing agent may levy a reasonable fee for any check returned to the Association marked "not sufficient funds" or the equivalent.

1-F. Waiver. Properly levied collection costs, late fees, and interest may only be waived by a majority of the Board.

Section 2. INSTALLMENTS & ACCELERATION If an Assessment, other than a Regular Assessment, is payable in installments, and if an Owner defaults in the payment of any installment, the Association may declare the entire Assessment in default and accelerate the due date on all remaining installments of the Assessment. An Assessment, other than a Regular Assessment, payable in installments may be accelerated only after the Association gives the Owner at least fifteen (15) days prior notice of the default and the Association's intent to accelerate the unpaid balance if the default is not timely cured. Following acceleration of the indebtedness, the Association has no duty to reinstate the installment program upon partial payment by the Owner.

Section 3. PAYMENTS 3-A. Application of Payments. After the Association notifies the Owner of a delinquency and the Owner's liability for late fees or interest, and collection costs, any payment received by the Association shall be applied in the following order, starting with the oldest charge in each category, until that category is fully paid, regardless of the amount of payment, notations on checks, and the date the obligations arose: (1) Delinquent assessments (4) Other attorney's fees (2) Current assessments (5) Fines (3) Attorney fees and costs associated (6) Any other amount with delinquent assessments

te the obligations arose: (1) Delinquent assessments (4) Other attorney's fees (2) Current assessments (5) Fines (3) Attorney fees and costs associated (6) Any other amount with delinquent assessments 3-B. Payment Plans. The Association shall offer a payment plan to a delinquent Owner with a minimum term of at least three (3) months and a maximum term of eighteen (18) months from the date the payment plan is requested for which the Owner may be charged reasonable administrative costs and interest. The Association will determine the actual terms of each payment plan offered to an Owner. An Owner is not entitled to a payment plan if the Owner has defaulted on a previous payment plan in the last two (2) years. If an Owner is in default at the time the Owner submits a payment, the Association is not required to follow the application of payments schedule set forth in Paragraph 3-A.

3-C. Notice of Payment. If the Association receives full payment of the delinquency after recording a notice of lien, the Association will cause a release of notice of lien to be publicly recorded. The Association may require the Owner to prepay the cost of preparing and recording the release.

3-F. Correction of Credit Report. If the Association receives full payment of the delinquency after reporting the defaulting Owner to a credit reporting service, the Association will report receipt of payment to the credit reporting service.

Section 4. LIABILITY FOR COLLECTION COSTS 4-A. Collection Costs. The defaulting Owner may be liable to the Association for the cost of title reports, credit reports, assessment lien, certified mail, long distance calls, filing fees, and other reasonable costs and attorney's fees incurred in the collection of the delinquency.

Section 5. COLLECTION PROCEDURES

ports, assessment lien, certified mail, long distance calls, filing fees, and other reasonable costs and attorney's fees incurred in the collection of the delinquency.

Section 5. COLLECTION PROCEDURES 5-A. Delegation of Collection Procedures. From time to time, the Association may delegate some or all of the collection procedures, as the Board in its sole discretion deems appropriate, to the Association's managing agent, an attorney, or a debt collector.

5-B. Delinquency Notices. If the Association has not received full payment of an Assessment by the due date, the Association may send written notice of nonpayment to the defaulting Owner, by hand delivery, first class mail, and/or by certified mail, stating the amount delinquent. The Association's delinquency-related correspondence may state that if full payment is not timely received, the Association may pursue any or all of the Association's remedies, at the sole cost and expense of the defaulting Owner.

5-C. Verification of Owner Information. The Association may obtain a title report to determine the names of the Owners.

5-D. Notification of Credit Bureau. The Association may report the defaulting Owner to one or more credit reporting services.

5-E. Collection by Attorney. If the Owner's account remains delinquent, the Association may refer the delinquent account to the Association's attorney for collection. In the event an account is referred to the Association's attorney, the Owner will be liable to the Association for its legal fees and expenses. Upon referral of a delinquent account to the Association's attorney, the Association's attorney will provide the following notices and take the following actions unless otherwise directed by the Board:

pon referral of a delinquent account to the Association's attorney, the Association's attorney will provide the following notices and take the following actions unless otherwise directed by the Board: (1) Initial Notice: Preparation of the Initial Notice of Demand for Payment Letter. If the account is not paid in full within 30 days (unless such notice has previously been provided by the Association , then (2) Lien Notice: Preparation of the Lien Notice of Demand for Payment Letter and record a Notice of Unpaid Assessment Lien (unless such notice has previously been provided by the Association). If the account is not paid in full within 30 days, then (3) Final Notice: Preparation of the Final Notice of Demand for Payment Letter and Intent to Foreclose and Notice of Intent to Foreclose. If the account is not paid in full within 30 days, then ( 4) Foreclosure of Lien: Only upon specific approval by a majority of the Board.

5-F. Notice of Lien. The Association's attorney may cause a notice of the Association's Assessment lien against the Owner's home to be publicly recorded. In that event, a copy of the notice will be sent to the defaulting Owner, and may also be sent to the Owner's mortgagee.

5-G. Cancellation of Debt. If the Board deems the debt to be uncollectible, the Board may elect to cancel the debt on the books of the Association, in which case the Association may report the full amount of the forgiven indebtedness to the Internal Revenue Service as income to the defaulting Owner.

5-H. Suspension of Use of Certain Facilities or Services. The Board may suspend the use of the Common Area amenities by an Owner, or his tenant, whose account with the Association is delinquent for at least thirty (30) days.

Section 6. GENERAL PROVISIONS

es. The Board may suspend the use of the Common Area amenities by an Owner, or his tenant, whose account with the Association is delinquent for at least thirty (30) days.

Section 6. GENERAL PROVISIONS 6-A. Independent Judgment. Notwithstanding the contents of this detailed policy, the officers, directors, manager, and attorney of the Association may exercise their independent, collective, and respective judgment in applying this policy.

6-B. Other Rights. This policy is in addition to and does not detract from the rights of the Association to collect Assessments under the Association's Restrictions and the laws of the State of Texas.

6-C. Limitations of Interest. The Association, and its officers, directors, managers, and attorneys, intend to conform strictly to the applicable usury laws of the State of Texas. Notwithstanding anything to the contrary in the Restrictions or any other document or agreement executed or made in connection with this policy, the Association will not in any event be entitled to receive or collect, as interest, a sum greater than the maximum amount permitted by applicable law. If from any circumstances whatsoever, the Association ever receives, collects, or applies as interest a sum in excess of the maximum rate permitted by law, the excess amount will be applied to the reduction of unpaid Assessments, or reimbursed to the Owner if those Assessments are paid in full.

6-0. Notices. Unless the Restrictions, applicable law, or this policy provide otherwise, any notice or other written communication given to an Owner pursuant to this policy will be deemed delivered to the Owner upon depositing same with the U.S. Postal Service, addressed to the Owner at the most recent address shown on the Association's records, or on personal delivery to

ill be deemed delivered to the Owner upon depositing same with the U.S. Postal Service, addressed to the Owner at the most recent address shown on the Association's records, or on personal delivery to the Owner. If the Association's records show that an Owner's property is owned by two (2) or more persons, notice to one co-Owner is deemed notice to all co-Owners. Similarly, notice to one resident is deemed notice to all residents. Written communications to the Association, pursuant to this policy, will be deemed given on actual receipt by the Association's president, secretary, managing agent, or attorney.

6-E. Amendment of Policy. This policy may be amended from time to time by the Board.

6-F. Collections Policy Schedule. The Association collections policy schedule is attached.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

Printed Name Bristol Pointe Homeowners Association Collection Policv THIS POLICY IS EFFECTIVE JANUARY 1, 2012 AND REPLACES ANY AND ALL PRIOR COLLECTION POLICIES The following actions are performed to collect on delinquent accounts. The charges assessed to an owner's account for certain collection action noted below are subject to change without notice. Monthly late and handling fees are assessed to delinquent accounts according to the notification on the billing statement and a monthly past due letter with account analysis or a late statement is mailed.

Check Here (X) ( ) (X) (X) (X) (X) (X) (X) Collection Steg Past due letter with account analysis or a late statement Uti! ity cut-off notice Initial collection letter 0 ;~ Intent to report delinquent":-) account to credit bureau ~ ~ Order title search to

ement Uti! ity cut-off notice Initial collection letter 0 ;~ Intent to report delinquent":-) account to credit bureau ~ ~ Order title search to determine legal owner Notify owner of lien filing and file lien with the county Forward owners file to the association attorney for small claims suit and/or foreclosure Approximate Day of Delinquency Each Step is Taken ---1 oth ----N/A ----80tol05---120 to 135 --An initial letter with an account analysis is mailed after the first month of fees are charged to a past due account.

Additional late statements are mailed monthly when late fees are charged.

This action is taken only if the association has common meters and it is permitted in their documents.

This letter is mailed by regular & certified mail & a $10.00 processing fee charged to the owners account. This letter allows the owner thirty (30) days to pay or dispute the balance & notifies of future action if payment is not received.

This letter allows the owner ten (1 0) days to pay prior to reporting their delinquent account to the credit bureau.

It also informs the owner of the fee that will be charged to their account if reported to the credit bureau.

This letter notifies the owner that their account has been charged $59.54 & is being reported to the credit bureau.

It also informs them of future actions & the related fees that will be charged to their account.

A title search is ordered & the owners account charged $65.00. Upon receipt of the title search, a letter is mailed to the owner informing them of this action and the $65.00 charge assessed to their account. This letter also

d & the owners account charged $65.00. Upon receipt of the title search, a letter is mailed to the owner informing them of this action and the $65.00 charge assessed to their account. This letter also informs them if payment is not received within ten (1 0) days an assessment lien will be filed with the county & the associated cost charged back to their account.

If payment has not been received within ten (10) days a lien is prepared & the owners account charged $178.61.

A letter is mailed to the owner informing them of this action, that $178.61 has been charged to their account & that the lien is being filed in the county records. Upon payment in full a notice of release of lien will be processed & filed in the county at no additional charge.

This action must be allowed in the association documents. A fee of$25.00 will be charged to the owners account for preparing & forwarding the necessary documents to the association attorney.

Date Printed Name 3/lfSTDL.-poruT( tsrA"rE5 NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR STATE OF TEXAS COUNTY OF COLLIN § § § Bristol Pointe Homeowners Association Inc.

KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions" dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

aration of Covenants, Conditions and Restrictions" dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit "A" is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

By ~ Duly Autl10iedAg1t ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., lo own to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed

iation Inc., lo own to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.

AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 (;?j My Commission Expires e MARYHARVEY NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 9·20-2015 EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

EMAIL REGISTRATION POLICY Bristol Pointe Homeowners Association, Inc. is a community (the "Community") created by and subject that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 97-0030173, Page, Official Public Records of Collin County, Texas, as amended (the "Covenant"). The operation of the Community is vested in Bristol Pointe Homeowners Association, Inc. (the "Association"), acting through its board of directors (the "Board"). The Association is empowered to adopt reasonable policies for the operation of the Association, including a policy for the registration of member email addresses.

The Board hereby adopts this Email Registration Policy to establish a means by which members of the Association might register and maintain their email addresses for the purpose of receiving certain required communications from the Association.

(1) Community Website. Should the Association maintain a community website capable of allowing members to register and maintain an email address with the Association then the member is responsible for registering and updating whenever necessary such email address

ity website capable of allowing members to register and maintain an email address with the Association then the member is responsible for registering and updating whenever necessary such email address so that the member can receive email notification of certain required communications from the Association.

(2) Official Email Registration Form. Should the Association not maintain a community website as described in (1) above then the Association shall provide each member with an Official Email Registration Form so that the member might provide to the Association an email address for the purpose of receiving email notification of certain required communications from the Association. It shall be the member's responsibility to complete and submit the form to the Association, as well as updating the Association with changes to their email address whenever necessary .

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

Date Printed Name Stacey Kemp COUNTY CLERK Cashier TKING Customer Name BRISTOL POINTE ESTATES COLLIN COUNTY, TEXAS 2300 Bloomdale Rd, Suite 2104 McKinney TX 75071 972-548-4185 Receipt for Services 12700 PARK CENTRAL DR STE 600 DALLAS, TX 75251 Batch# 459333 Date: 03/12/2010 Time: 01:53:04PM Date Instrument No Document Type Transaction Type GF Number Pg/Amt NO CHECK CASH CASH 518 Fee Total: Change Made Payment Total: Total: 6 36.00 36.00 24.00 20.00 -8.00 36.00 Page 1 of 1 r/ NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR BRISTOL POINTE HOMEOWIVERS ASSOCL4TION STATEOF TEXAS COUNTY OF COLLIN § § § KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENTS FOR Bristol Pointe

AS COUNTY OF COLLIN § § § KNOW ALL MEN BY THESE PRESENTS: THIS NOTICE OF DEDICATORY INSTRUMENTS FOR Bristol Pointe Bristol Pointe Homeowners Association (the "Association").

WITNESSETH: .C WHEREAS, Bristol Pointe HomeoY..m.ers Association prepared and recorded an irlstrument entitled "Declaration of Condominium" dated December 30. 1999, and recorded as document number 84004 of the Deed Records of Collin County, Texas (the "Declaration"); and WHEREAS, the Association is the property owners' association created by the Declarant to manage or regulate the planned development covered by the Declaration, which development is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instruments in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006ofthe Texas Property Code.

NOW, THEREFORE, the dedicatory instruments attached hereto as Exhibit "B" are t~e and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

ASSOCIATION :BRISTOL POINTE ESTATES a Texas corporation

Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

ASSOCIATION :BRISTOL POINTE ESTATES a Texas corporation Its: Board President . ""/ · ACKNOWLEDGMENT STATEOFTEXAS § § BEFORE ME, the un~ersigned authority, Rn tQis day personally appeared subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.

SUBSCRIBED AND SWORN TO BEFORE ME on this 26th day of JamLaTJI CJ(PSO£ Vrr'IO:N WHEREAS, the Board of Directors of the Bristol Pointe Homeo-wners Association finds that there is a need to establish this dedicatory instrument related to a proactive affirmation of covenant compliance in conjunction with a home being transferred to a new owner.

WHEREAS, Texas State Statutes, Property Code, Chapter 207, Subsection 207.003(e) specifically states that such a dedicatory instrument may require such an inspection.

NOW THEREFORE, BE IT RESOLVED BY THIS DEDICATORY INSTRUMENT the Association shall require a Covenant Compliance Inspection of the exterior of the home and lot in conjunction with the Association related disclosure process. Such inspections will be coordinated through, and conducted by, the Association Management Company. All fees associated with resale, including said inspection shall be the responsibility of the real estate

inspections will be coordinated through, and conducted by, the Association Management Company. All fees associated with resale, including said inspection shall be the responsibility of the real estate transaction parties, and not the Association. Should covenant violation(s) be noted during such inspection, the current owner (seller) is required to bring said covenant violation(s) into compliance in conjunction with the transfer of Unit ownership.

IT IS FURTHER RESOLVED that this COVENANTS COMPLIANCE INSPECTION requirement is effective upon adoption hereof, to remain in force and effect until . revoked, modified or amended.

This is to certify that the foregoing Resolution was adopted by the Board· of Directors at a meeting of same on January 26; 2010, and has not been modified, rescinded or revoked.

/--:2tt-iO Date EXHIBIT "A" PROPERTY DESCRIPTION NOTICE OF FILING OF DEDICATORY INSTRUMENT- PAGE 3 Exhibit A aF-Number 96RD7043 BEING a tract: of land out." of the JOHN CCX SURVEY, Abstract No. 188, in the City of Plano , Collin County, Texas, and being all of t:ha 48.29 8 5 ac-re tract: of land . described in. deed t:o FM Properties Operating Co. , recorded in Collin Count:y Clerk's File No. 92-0045910 of the Land Records of Collin Counry, Texas and being more particularly described as follows: . .

BEGINNING at a 5/8" iron rod found for the intersection of the southerly right-of-way line of Spring Creek Parkway (160' ROW) wi~ the easterly right-of-way line of Preston Meadow Drive (85' ROW), dedicated t:o the City of Plano, Texas by plat: recorded in Cabinet F, Sli.d.e 383 of t:he Map Records of

, Texas by plat: recorded in Cabinet F, Sli.d.e 383 of t:he Map Records of THENCE with the south right-of-way line of said Spring Creek Parkway, South 89 degrees 33 minutes 49 seconds East:, a dist:an"ce of 1105.62 feet to a 1/2 • iron rod found for the northeast corner of the beforement:ioned 48.2985 ac-re tract, from which a 1 .. iron rod found for the northwest corner of SPRING BEND, an addition to the City of Plano, Collin Councy, Texas according to the plat: thereof recorded in Cabinet H, Slide 627 of the Map Records of Collin County, Texas bears South 89 degrees 33 minutes 49 seconds East, 2.17 feet:; THENCE with the easterly line of the said 48.2985 acre c:a.ct, South 00 degrees 19 minutes 29 seconds ~est:, a. distance of 1991.50 feet to a 1/2." iron rod found in the northerly -right-of·way line of Lorima.r Drive (65' ROY) dedicated to the City of Plano, Texas by plat reco-rded in CCI.binet: F, Slide 106 of t:he Map Records of Collin Councy, Texas for the beginning of a non· tangent: cu:rve to the right, having a cent-ral angle of 02. degrees 39 minutes 4-5 seconds, a. radius of 666.00 feet: and a chord bearing and dist:.ance of South 89 degrees 00 minutes 41 seconds ~est, 30.95 feet; THENCE with the nariherly right-of-way line of Lorimar Dr~ve, the following courses and distances ~a wit: found far corner; North 89 degrees 39 minutes 27 seconds Yes~, a distance of 951.19 feet to a 1" Lorimar Drive with the.easterly right~of-way line of Preston"Meadow Drive;

econds Yes~, a distance of 951.19 feet to a 1" Lorimar Drive with the.easterly right~of-way line of Preston"Meadow Drive; THENCE with the said eas~erly right-of-way line of Preston Meadow Drive, the following courses and 9fs~ances t:o wit: North 00 degr.ees 19 minutes 06 seconds East, a distance of 42.50 feet to a 1M iron rod found for the beginning of a tangent: curve to che left:, having a a chord bearing and distance of North 03 degrees 08 minutes 10 seconds ~est, 486.86 feet; iron rod found for the beginning of a ea.ngent eurva to Cha right, having a central "angle of 06 degrees 38 minutes 32 seconds, a rad~us of 4960.00 feet: and a chord bearing and distance af"North 03 degrees 16 minutes 10 seconds ~est:, 574.99 feet:; North 00 degrees 03 minutes 06 seconds East, ·a dist:ance of 430.16 feet to the POINT OF BEGINNING and conLaining 48.2976 ac~es of land.

ENFORCEMENT PROCEDURES Page 1 of2 BRISTOL POINTE ESTATES HOMEOWNERS ASSOCIATION VIOLATION FINING POLICY On May 4, 2005, the Board of Directors of the Bristol Pointe Estates Homeowners Association (BPHOA) adopted the following Fining Policy for the enforcement of the Association's Governing Documents. These include the CC&R's, By-Laws, Rules & Regulations, and BPHOA Architectural Control Guidelines.

1. Violation Notice (Warning): Homeowners will be notified when a violation occurs and will be given a time period in which to correct the violation. Violation(s) which present hazards for residents or are damaging property (ies) will require immediate correction and any costs for

s and will be given a time period in which to correct the violation. Violation(s) which present hazards for residents or are damaging property (ies) will require immediate correction and any costs for same will be assessed to the owner's account.

2. Assessment of Fine (Hearing Notice): If after the specific time period given the violation continues, the homeowner will be notified that a fine will be levied against his/her property. At the same time, the homeowner will be given an option to either appear before the Board of Directors at its next Board meeting to appeal the fine, or submit an appeal in writing seven (7) days prior to the next Board meeting. Failure to appear at the hearing will result in the automatic assessment of the fine.

3. "Violation Assessment": Violation(s) that result in automatic assessment will result in any costs to be assessed to the owner's account as a "Violations Assessment" fine. Interest may be charged to the owner's account depending on the violation for each 30 days period the "Violation Assessment" fine remains unpaid. Non-payment of this type of assessment and its related interest fees may result in a lien being placed on the property.

4. "Damage Assessment": Violation(s) that result in property damage or cause the Association to incur cleanup costs will result in a "Damage Assessment" fine to the homeowner's account.

Interest will be charged to the owner's account for any "Damage Assessment" fine for each 30 days period the violation fine remains unpaid. Non-payment of this type of assessment and its related interest fees may result in a lien being placed on the property.

1st Fine: 2nd Fine: FINE SCHEDULE An owner will receive a fine of $50.00 and 3-30 days (depending on violation) to comply, if compliance is not met then;

result in a lien being placed on the property.

1st Fine: 2nd Fine: FINE SCHEDULE An owner will receive a fine of $50.00 and 3-30 days (depending on violation) to comply, if compliance is not met then; An owner will receive an additional fine of $75.00 and 3-30 days (depending on violation) to comply, if compliance is not met then; 3rd Fine: An owner will receive another additional fine of $100.00 and 3-30 days -;---------------,(aep-enoiligon violation )to comply, 1f compliance is not met;tne owner w1ll receive an additional $1 00.00 fine automatically every 30 days until compliance is met.

All of these fines will be collected by Principal Management, Inc., just as the association dues.

If you have any questions or comments about this website, contact the . http:/ /ww2.bristolpointeestates.org:8008/BPHOA -Fining-Policy .htm 7/5/2006 BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

DELINQUENT ASSESSMENT COLLECTION POLICY As Of March 11, 1998 Section 5. Assessments. of the First Amendment and Restatement of Declaration of Covenants, Conditions and Restrictions for Bristol Pointe."Any assessment not paid within ten {1 0) days after the due date shall bear interest from due date at the highest non-usurious rate of interest allowed by Texas law or 18°/o per annum, whichever is less. The Association shall have the authority to impose late charges to compensate for the administrative and processing costs of late payments on such terms as it may establish by duly adopted resolutions and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien retained herein against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common

obligated to pay the same, or foreclose the lien retained herein against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Maintenance Area or abandonment of his property."

The following delinquency policy for nonpayment of Bristol Pointe Homeowners Association, Inc. annual assessments was approved unanimously by the Bristol Pointe .Homeowners Association Board of Directors.

Annual assessments are due on January 1 of each calendar year. Interest will be charged at 18°/o per annum.

1. Thirty (30) days delinquent 2. Forty-five (45) days delinquent 3. Sixty (60) days delinquent 4. Ninety (90) days delinquent Bristol Pointe Statement with one month's interest SBB Management Company Demand Letter with one month's interest and a $10.00 fee Account will be turned over to the Association's Attorney for their Demand Letter with two month's interest, the previous $10.00 fee, plus attorney fees.

The Association's Attorney will be asked to file of record the lien retained against the property for all past due interest, assessments, fees and Attorney fees If you have any questions, please feel free to contact June Morgan at (972) 960-2800 extension 322.

FIRST AMENDMENT AND RESTATEMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRISTOL POINTE THIS DECLARATION is made on the date hereinafter set forth by BRISTOL WITNESSETH WHEREAS, the Declarant is the owner of certain real property in the City of Plano (sometimes referred to herein as "the City"), Collin County, Texas, which is described in Exhibit "A" attached hereto and made a part hereof (the "Property") .

.. /.

real property in the City of Plano (sometimes referred to herein as "the City"), Collin County, Texas, which is described in Exhibit "A" attached hereto and made a part hereof (the "Property") .

.. /.

WHEREAS, Declarant desires to create an exclusive planned community known as BRISTOL POINTE (to include all phases thereof) on the Property and such other land as may be added thereto pursuant to the terms and provisions of this Declaration; WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Bristol Pointe, Ltd. was filed on or about April 18, 1997 in the Deed Records of Collin County Texas under Number 97-0030173; and WHEREAS, this First Amendment and Restatement of the Declaration of Covenants, Conditions and Restrictions for Bristol Pointe is intended to replace in its entirety the Declaration of Covenants, Conditions and Restrictions for Bristol Pointe, Ltd.

in compliance with the requirements of the City of Plano and therefore does hereby become the Declaration of Covenants, Conditions and Restrictions for Bristol Pointe for all purposes.

NOW THEREFORE, the Declarant declares that the Property shall be held, sold and conveyed subject to the restrictions, covenants and conditions declared below, which shall be deemed to be covenants running with the land and imposed on and intended to benefit and burden each Lot and other portions of the Property in order to maintain within the Property a planned comml{nity of high standards. Such covenants shall be binding on all parties having any right,.titre or interest therein or any party thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof. F i 1 ed fo-r Reco·rd in: ARTICLE I DEFINITIONS COLLIN COUNTY, TX

ereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof. F i 1 ed fo-r Reco·rd in: ARTICLE I DEFINITIONS COLLIN COUNTY, TX HONORABLE HELEN STARNES On 1997/10/30 At 12.:1~P Association and be made subject to this Declaration.

-1SECTION 2. "Association" shall mean and refer to the Bristol Pointe Homeowner's Association, Inc., a Texas not-for-profit corporation established for the purpose set forth herein.

Section 3. "Lot" shall mean and refer to any plot of land indicated upon any recorded subdivision map of Property or any part thereof creating single-family home sites, with the exception of the Common Area and areas deeded to a governmental authority or utility, together with all improvements thereon.

Section 4. "Unit" shall mean and refer to any residential dwelling situated upon any Lot.

Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation.

Section 6. "Declarant" shall mean and refer to Bristol Pointe, Ltd., its successors and assigns who are designated as such in writing by the Declarant, and who consent in writing to assume the duties and obligations of the Declarant with respect to the Lots acquired by such successor or assign. Except for Bristol Pointe, Ltd., no Declarant may designate any person or entity as a Declarant or assign its rights or obligations as a Declarant as provided herein.

ired by such successor or assign. Except for Bristol Pointe, Ltd., no Declarant may designate any person or entity as a Declarant or assign its rights or obligations as a Declarant as provided herein.

Section 7. "Common Areas" shall mean and refer to that portion of the Property, if any, conveyed to the Association for the use and benefit of the Owners. Common area shall include any recreational facility or amenities, owned by the Association, which may be .constructed for the use and benefit of the Owners.

Section 8. "Common Maintenance Areasll shall mean and refer to the Common Areas, if any, and the entrance monuments, drainage facilities, detention p6nds, right-of­ way landscaping, and such other areas lying within dedicated public easements or right-of­ way as deemed appropriate by the Board of Directors of the Association for the preservation, protection and enhancement of the property values and the general health, safety or welfare of the O~ners.

Section 9. "Declaration'' shall mean and refer to this Declaration of Covenants, Conditions and Restrictions for , and any amendments, annexations and supplements hereto made in accordance with its terms.

ARTICLE II BRISTOL POINTE HOMEOWNER'S ASSOCIATION, INC.

Section 1. Establishment of Association.· The formal establishment of the Bristol Pointe Homeowner's Association, Inc. will be accomplished by the filing of the Articles of Incorporation of the Bristol Pointe Homeowner's Association, Inc. with the Secretary of -2State for the State of Texas and the subsequent issua~ce by the Secretary of State of the Certificate of Incorporation of the Bristol Pointe Homeowner's Association.

Section 2. Adoption of By-Laws. Bylaws for the Bristol Pointe Homeowner's

bsequent issua~ce by the Secretary of State of the Certificate of Incorporation of the Bristol Pointe Homeowner's Association.

Section 2. Adoption of By-Laws. Bylaws for the Bristol Pointe Homeowner's Association, Inc., will be established and adopted by the Board of Directors of the Bristol Pointe Homeowner'S. Association, Inc.

Section 3. Membership. The Declarant and every other Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and shall not be separated from ownership of any Lot. Every member shall have the right at all reasonable times during business hours to inspect the books of the Association.

Section 4. Funding. Subject to the terms of this Article, Declarant, for each Lot owned by Declarant, hereby covenants to pay, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. Such assessments will remain effective for the full term (and extended term, if applicable) of this Declaration. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land, and there shall be a continuing lien upon the Lot of each owner for the amount of all such charges. The annual and special assessments together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due.

Section 5. Assessments.

(a) Units Owned by Class A Members. Subject to the terms of this Article, each

obligation of the person who was the Owner of such Lot at the time when the assessment fell due.

Section 5. Assessments.

(a) Units Owned by Class A Members. Subject to the terms of this Article, each Lot is hereby subject to an initial maximum maintenance charge of $10.00 per month or $120.00 per annum unless and until such maintenance charge shall be increased by the Association. For the purpose of accumulating such charges, a fund shall be designated and known as the "maintenance fund," to which annual maintenance charges or assessments will be paid by the Owner or Owners of each Lot in advance in monthly, quarterly, or annual installments. The Association may begin charging assessments after of the first Lot is conveyed. to" a Class A Member. Except as otherwise provided in Section 5(d) of this Article, assessments against a particular Lot shall be due and payable from the Owner of that Lot at the earlier to occur of the completion of a Unit on the Lot or six (6) months after the Lot. is conveyed to the Class A Member, regardless of whether a Unit has been completed thereon. The rate at which each Lot will be assessed, and whether such assessment shall be payable monthly, quarterly, or annually, will be determined by the Board of Directors of the Association at least thirty (30) days in advance of each affected assessment period. Said rate may be adjusted from time to time by the Board of Directors as the needs of the Association may, in the judgment of the Directors, require. The assessment for each Lot shall be uniform except as provided in Subsection (b) of this Section 5. The Association shall, upon written demand and for a reasonable charge, -3furnish a certificate signed by an officer of the Association setting forth whether or not the

ection (b) of this Section 5. The Association shall, upon written demand and for a reasonable charge, -3furnish a certificate signed by an officer of the Association setting forth whether or not the assessment has been paid for the assessment period.

(b) Units or Lots by Declarant. Notwithstanding the foregoing, the Declarant shall be exempt from any assessment charged to Owners so long as there is a Class B membership as set forth in Section 8. Declarant hereby agrees that for such period of time as there is a Class B membership in effect and Declarant's Lots are exempt from assessment as provided above, that in the event that the annual maintenance fund revenues are insufficient to pay the operating expenses of the Association, Declarant shall provide the funds necessary to make up the deficit, within thirty (30) days of receipt of request for payment thereof from the Association; provided that if the deficit is the result of the failure or refusal of an Owner or Owners to pay their annual maintenance assessments, the Association shall diligently pursue all available remedies against such defaulting Owners, including foreclosure of the lien for assessment charges and/or the immediate institution of litigation to recover the unpaid assessments, and shall reimburse the Declarant the amounts, if any, so collected.

(c) Purpose of Maintenance Fund. As described in Subpart (a) of this Section 5, the Association shall establish a maintenance fund. The Association shall use the proceeds of such fund in providing for normal, recurring maintenance charges for the Common Maintenance Areas for the use and benefit of all members of the Association, as set forth herein and in Article Ill, hereof. Such uses and benefits to be provided by the

tenance charges for the Common Maintenance Areas for the use and benefit of all members of the Association, as set forth herein and in Article Ill, hereof. Such uses and benefits to be provided by the Association may include, by way of clarification and not limitation, any and all of the following: normal, recurring maintenance of the Common Maintenance Areas (including, but not limited to, mowing, edging, watering, clipping, sweeping, pruning, raking, and otherwise caring for existing landscaping) and the improvements to such Common Maintenance Areas, such as Sprinkler systems, and private streets, if any, provided the Association shall have no obligation (except as expressly provided hereinafter) to make capital improvements to the Common Maintenance Areas; payment of all legal and other expenses incurred in connection with the enforcement of all recorded covenants, restrictions, and conditions affecting the property to which the maintenance fund applies; payment of all reasonable and necessary expenses in connection with the collection and administration of policemen and watchmen, if any, caring for vacant lots; and doing any other thing or things neces,?ary or desirable in the opinion of the Board of Directors of the Association to keep the Property neat and in good order, or which is considered of general benefit to the Owners or occupants of the Property, it being understood that the judgment of the Board of Directors in the expenditure of said funds and the determination of what constitutes normal, recurring maintenance shall be final and conclusive so long as such judgment is exercised in good faith. The Association shall, in addition, establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement

onclusive so long as such judgment is exercised in good faith. The Association shall, in addition, establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements of the Common Maintenance Area. The fund shall be established and maintained out of regular annual assessments.

-4(d) Special Assessment for Working Capital Fund. Nonrecurring Maintenance and Capital Improvements. In addition to the annual assessments authorized above, the Association may levy special assessments as follows: (i) Upon sale of the first Lot by Declarant to a Class A Member, a special assessment equal to ten (1 0) months• estimated regular assessment may be assessed, which shall be due and payable upon conveyance of the Lot to a Class A Member, regardless of whether there is a completed Unit thereon.

Such special assessment shall be available for all necessary expenditures of the Association.

(ii) In any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any nonrecurring maintenance, or the acquisition, construction, reconstruction, repair, or replacement of a capital improvement upon any Common Maintenance Area, including fixtures and personal property related thereto may be assessed. The Association shall not commingle the proceeds of such special assessment with the maintenance fund. Special assessment proceeds shall be used solely and exclusively to fund the nonrecurring maintenance or improvements in question.

Section 6. Nonpayment of Assessments and Remedies of the Association. Any assessment not paid within ten (1 0) days after the due date shall bear interest from due

tenance or improvements in question.

Section 6. Nonpayment of Assessments and Remedies of the Association. Any assessment not paid within ten (1 0) days after the due date shall bear interest from due date at the highest non-usurious rate of interest allowed by Texas law or 18°/o per annum~ whichever is less. The Association shall have the authority to impose late charges to compensate for the administrative and processing costs of late payments on such terms as it may establish by duly adopted resolutions and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien retained herein against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Maintenance Area or abandonment of his property.

Section 7. Subordinated Lien to Secure Payment. To secure the payment of the annual maintenance chqirge or assessment and any and all special assessments established hereby and· to' be levied on individual Lots as above provided, there is hereby reserved a lien for the benefit of the Association, said lien to be enforceable through appropriate proceedings at law or in equity by such beneficiary; provided~ however, that each such lien shall be specifically made secondary, subordinate, and inferior to all liens, present and future, given, granted, and created by or at the insistence and request of the Owner of any such Lot to secure the payment of monies advanced or to be advanced on account of the purchase price and/or the improvement of any such Lot; and further provided that as a condition precedent to any proceeding to enforce such lien upon any Lot upon which there is an outstanding, valid, and subsisting first mortgage, Association shall

Lot; and further provided that as a condition precedent to any proceeding to enforce such lien upon any Lot upon which there is an outstanding, valid, and subsisting first mortgage, Association shall provide sixty (60) days written notice of such proposed action, such a notice, which shall be sent to the nearest office of the lienholder by prepaid U.S. registered mail, to contain -5the statement of the delinquent maintenance charges upon which the proposed action is based. Upon the request of such first mortgage lienholder, beneficiary shall acknowledge in writing its obligation to give the foregoing notice with respect to the particular property covered by such first mortgage lien to holder thereof. Sale or transfer of a Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale, foreclosure, or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. The association shall have the right to file notices of liens in favor of such Association in the official records of Collin County, Texas .

Section 8. Voting Rights. The Association shall have two classes of voting membership: (a) Class A. Class A Members shall be all Owners with the exception of Declarant and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members, but the vote for such Lot shall be exercised as they among themselves determine, and in no event shall more than one (1) vote be cast with respect to any Lot.

(b) Class B. The Class B Member shall be the Declarant who shall be

shall be exercised as they among themselves determine, and in no event shall more than one (1) vote be cast with respect to any Lot.

(b) Class B. The Class B Member shall be the Declarant who shall be entitled to three (3) votes for each unoccupied Lot owned by it. The Class B membership shall cease and be converted to Class A membership one hundred (120) days after the conveyance of the Lot which causes the total votes outstanding in the Class B membership to be less than a majority of all votes, or upon Declarant's voluntary conversion from Class B membership to Class A membership, whichever occurs earlier. Class B membership may be reinstated (at the sole option of Declarant) at any time. Declarant's Class B status would again constitute a majority of all votes if additional Lots owned by Declarant are annexed to this Declaration.

(c) Suspension. All voting rights of an Owner shall be suspended during any period in which such Owner is delinquent in the payment of any assessment duly established pursuant to this Article or is otherwise in default hereunder or under the By­ Laws or Rules and Regulations of the Association and such suspension shall apply to the proxy authority of the Voting Representative, if any.

Section 9. Notice and Quorum. Written notice of any meeting called for the purpose of taking any action authorized herein shall be sent to all members, or delivered to their residences, not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At any such meeting called, the presence of members or of proxies of Voting Representatives entitled to cast in excess of fifty percent (50°/o) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present,

of proxies of Voting Representatives entitled to cast in excess of fifty percent (50°/o) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at such subsequent meeting shall be tWo-thirds (2/3) of the quorum requirement for such prior meeting. The Association may call as many subsequent meetings as may be required to achieve a quorum (the quorum requirement being reduced for each such -6meeting). No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

ARTICLE Ill GENERAL POWERS AND DUTIES OF THE BOARD OF DIRECTORS OF THE ASSOCIATION Section 1. Purpose of Maintenance Fund. The Board, for the benefit of the owners, shall provide and shall pay out of the maintenance fund provided in Article II above the following: (a) Taxes and assessments and other liens and encumbrances which shall properly be assessed or charged against the Common Areas rather than against the individual Owners, if any.

(b) Care and preservation of the Common Maintenance Area.

(c) The services of a professional person or management firm to manage the Association or any separate portion thereof to the extent deemed advisable by the Board (provided that any contract for management of the Association shall be terminable by the Association, with no penalty upon ninety (90) days prior written notice to the managing party) and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager.

(d) Legal and accounting services.

he Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager.

(d) Legal and accounting services.

(e) A policy or policies of insurance insuring the Association against any liability to the public or to the Owners (and/or invitees or tenants) incident to the operation of the Association in any amount or amounts as determined by the Board of Directors.

(f) Workers compensation insurance to the extent necessary to comply with any applicable laws.

1 (g) Such fidelity bonds as may be required by the By-Laws or as the Board may determine to be advisable.

(h) Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, taxes, or assessments (including taxes or assessments assessed against an individual Owner) which the Board is required to obtain or pay for pursuant to the terms of this Declaration or Bylaws or which in its opinion shall be necessary or proper for the enforcement of this Declaration.

-7Section 2. Powers and Duties of Board. The Board, for the benefit of the Owners, shall have the following general powers and duties, in addition to the specific powers and duties provided for herein and in the By-Laws of the Association: (a) To execute all declarations of ownership for tax assessment purposes with regard to the Common Areas, if any, on behalf of all Owners.

(b) To borrow funds to pay costs of operation secured by assignment or pledge of rights against delinquent Owners if the Board sees fit.

(c) To enter into contracts, maintain one or more bank accounts, and generally to have all the power necessary or incidental to the operation and management of the Association.

if the Board sees fit.

(c) To enter into contracts, maintain one or more bank accounts, and generally to have all the power necessary or incidental to the operation and management of the Association.

(d) To protect or defend the Common Areas from loss or damage by suit or otherwise and to provide adequate reserves for replacements.

(e) To make reasonable rules and regulations for the operation of the Common Maintenance Areas and to amend them from time to time; provided that, any rule or reg.ulation may be amended or repealed by an instrument in writing signed by Owners constituting a majority of the votes of the Association.

(f) To make available for inspection by Owners within sixty (60) days after the end of each year an annual report and to make all books and records of the Association available for inspection by Owners at reasonable times and intervals.

(g) To adjust the amount, collect and use any insurance proceeds to repair damaged property or replace lost property, and if proceeds are insufficient to repair damaged property or replace lost property, to assess the Owners in proportionate amounts to cover the deficiency.

(h) To enforce the provisions of any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules .

.f (i) To collect all assessmen.ts and enforce all penalties for non-payment including the filing of liens and institution of legal proceedings.

Section 3. Board Powers Exclusive. The Board shall have the exclusive right to contract for all goods, services and insurance, ·payment of which is to be made from the maintenance fund and the exclusive right and obligation to perform the functions of the Board except as othervvise provided herein.

ds, services and insurance, ·payment of which is to be made from the maintenance fund and the exclusive right and obligation to perform the functions of the Board except as othervvise provided herein.

Section 4. Maintenance Contracts. The·Board, on behalf of the Association, shall have full power and authority to contract with any Owner or other person or entity for the performance by the Association of services which the Board is not otherwise required to -8perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable and in the best interest of the Association.

Section 5. Insurance. The Association shall obtain and maintain at all times, as a Common Expense, such insurance as the Board of Directors may deem appropriate, including a casualty insurance policy or policies affording fire and extended coverage in an amount that at least equals the full replacement value of all structures within the Association and a liability insurance policy or policies in amounts not less than Five Hundred Thousand ($500,000.00) Dollars for injury, including death, to a single person; One Million ($1,000,000.00) Dollars for injury or injui-ies, including death, arising out of a single occurrence; and Fifty Thousand ($50,000.00) Dollars property damage, covering the Association, the Board of Directors, officers, and all agents and employees of the Association, and all Unit Owners and other persons entitled to occupy any Unit or other portion of the Association Property.

The improvements and betterments made by the individual Unit Owners shall be excluded from this required coverage, but each Owner shall have the right to obtain

er portion of the Association Property.

The improvements and betterments made by the individual Unit Owners shall be excluded from this required coverage, but each Owner shall have the right to obtain additional coverage for such improvements, betterments, or personal property at his own expense. The policies may contain reasonable deductibles, and the amount thereof shall be added to the face amount of the policies in determining whether the insurance equals at least full replacement cost.

In addition to the insurance required hereinabove, the Board shall, in its discretion, consider obtaining as a common expense: (1) Workmen's compensation insurance if and to the extent necessary to meet the requirements of applicable law; (2) Public liability insurance covering occurrences on the Common Areas, including, without limitation, any Community Recreation Facility, as defined below, and officers, and directors' liability insurance in such amounts as the Board may determine, but in no event less than One Millioq ($1,000,000.00) Dollars per occurrence. (Such insurance shall contain a cross-liability endorsement.); (3) Fidelity bonds covering officers, directors, employees, and other persons who handle or are responsible for handling Association funds. If reasonably available, such bonds shall be in an amount at least equal to no less than three (3) months' operating expenses plus reserves on hand as of the beginning of the fiscal year and shall contain waivers of any defense based upon the exclusion of persons serving without compensation; and -9(4) Other insurance as the Board of Directors may determine to be necessary.

ARTICLE IV TITLE TO AND USAGE OF COMMON AREAS Section 1. Association to Hold. The Association shall assume all maintenance

(4) Other insurance as the Board of Directors may determine to be necessary.

ARTICLE IV TITLE TO AND USAGE OF COMMON AREAS Section 1. Association to Hold. The Association shall assume all maintenance obligations with respect to any Common Areas which may be hereafter established.

Nothing contained herein shall create an obligation on the part of Declarant to establish any Common Area.

Section 2. Condemnation. In the event of condemnation or a sale in lieu thereof of all or any portion of the Common Areas, the funds payable with respect thereto shall be payable to the Association and shall be used by the Association to purchase additional Common Areas to replace that which has been condemned or to take whatever steps that it deems reasonably necessary to repair or correct any damage suffered as a result of the condemnation. In the event that the Board of Directors of the Association determines that the funds cannot be used in such a manner due to lack of available land for additional Common Areas or for whatever reason, any remaining funds may be utilized by the Association for the general maintenance fund.

ARTICLE V RIGHTS AND RESTRICTIONS AFFECTING OWNERSHIP Section 1. Association Existence. Lot Boundaries. and Common Elements.

Regardless of any other provision in this Declaration to the contrary, unless at least two­ thirds (2/3) of the first Mortgagees or Owners other than Declarant shall have given their prior written approval, neither the Association or any unit Owner shall: (i) by act or omission seek to abandon or terminate the Association; (ii) except as provided herein and in the Act for condemnation, subst~ntial damage and destruction, and expansion of the Association, change the percentage interest in the Common

nate the Association; (ii) except as provided herein and in the Act for condemnation, subst~ntial damage and destruction, and expansion of the Association, change the percentage interest in the Common Elements, or obligations for common expenses or votes in the Association of any unit; (iii) subdivide, partition, or relocate the boundaries of any unit; (iv) by act or omission, withdraw the submission of the subjected property, except as provided by the Association Instruments, or abandon, subdivide, partition;·encumber, sell, or transfer the Common Elements (the granting of easements for public utilities or for similar purposes, including cable television in the community, consistent with -10the intended use of the Common Elements by the Association or the Declarant shall not be deemed a transfer); or (v) use hazard insurance proceeds for losses to any portion of the Property for other than repair, replacement, or reconstruction of such property, except as provided by statute for substantial loss to the units and/or common Elements.

The provisions of this subparagraph shall not be construed to reduce the percentage vote that must be obtained from first Mortgagees or Unit Owners when a larger percentage vote is otherlvise required by the Act or the Association Instruments for any of the actions contained in this subparagraph.

Section 2. Liability for Unpaid ·oues. Any person who obtains title to a unit pursuant to the remedies provided in the Mortgage is not liable for such unit's unpaid dues or charges that accrue prior to the acquisition of title to such unit by such person, but such person shall be responsible for all charges that occur subsequent to the passage of title, including, but not limited to, all charges for the month in which title is passed.

t by such person, but such person shall be responsible for all charges that occur subsequent to the passage of title, including, but not limited to, all charges for the month in which title is passed.

Section 3. Mortaage Holder's Rights.

(a) Any holder of a first Mortgage shall be entitled, upon written request, to receive within a reasonable time after request, an audited financial statement of the Association for the immediately preceding fiscal year, free of charge to the Mortgagee so requesting.

(b) Regardless of anything to the contrary contained in these documents, the provisions of this Declaration governing sales and leases shall not apply to impair the right of any first Mortgagee to: (i) foreclose or take title to a unit pursuant to remedies contained in any Mortgage; or (ii) take ~deed or assignment in lieu of foreclosure; or (iii) sell, lease, or othervvise dispose of a unit acquired by the Mortgagee.

ARTICLE VI EASEMENTS Section 1. Utility Easements. As long as Class 8 membership shall be in effect, the Declarant hereby reserves the right to grant perpetual, nonexclusive easements for the portion of the Common Area or any portion of any Lot outside of the permitted building area of such Lot, for ingress, egress, installation, replacement, repair, maintenance, use -11and operation of all utility and service lines and service systems, public and private, including, without limitation, cable television. Declarant, for itself and its designees, reserves the right to retain title to any such easements. Upon cessation of Class 8 membership, the Association shall have the right to grant the easements described herein.

itself and its designees, reserves the right to retain title to any such easements. Upon cessation of Class 8 membership, the Association shall have the right to grant the easements described herein.

Section 2. Declarant's Easement of Correct Drainage. As long as Class 8 membership shall be in effect, Declarant hereby reserves a blanket easement on, over and under the ground within the Property to maintain and correct drainage of surface waters and other erosion controls in order to maintain reasonable standards of health, safety, and appearance and shall be entitled to remove trees or vegetation, without liability for replacement or damage, as may be necessary to provide adequate drainage for any portion of the Property. Notwithstanding the foregoing, nothing herein shall be interpreted to impose any duty upon Declarant to correct or maintain any drainage facilities within the Property.

Section 3. Easement for Unintentional Encroachment. The Declarant hereby reserves an exclusive easement for the unintentional encroachment by any structure upon the Common Area caused by or resulting from, construction, repair, shifting, settlement or movement of any portion of the Property, which exclusive easement shall exist at all times during the continuance of such encroachment as an easement appurtenant to the encroaching property to the extent of such encroachment.

Section 4. Entry Easement. In the event that the Owner fails to maintain the Lot as required herein, or in the event of emergency repairs and to do the work reasonably necessary for the proper maintenance and operation of the Property the Declarant and Association reserves an easement of entry upon the Lot and any such entry thereon shall

d to do the work reasonably necessary for the proper maintenance and operation of the Property the Declarant and Association reserves an easement of entry upon the Lot and any such entry thereon shall not be deemed a trespass, and the Association or Declarant shall not be liable for any damage so created unless such damage is caused by the Declarant's or Association's willful misconduct or gross negligence.

Section 5. Drainage Easements. Easements for the installation and maintenance of utilities, storm water retention/detention ponds,: and/or a conservation area are reserved as may be sworn on the recorded plat. Within these easement areas, no structure, plant or material shall be placed,pr permitted to remain which may hinder or change the direction or flow of drainage channels or slopes in the easements. The easement area of each Lot and all improvements contained therein shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, utility company or the Association is responsible.

Section 6. Temporary Completion E3sement. All Lots shall be subject to easement of ingress and egress for the benefit of the Declarant, its employees, subcontractors, successors and assignees, over and upon the front, side or rear yards of the Property as may be expedient or necessary for the construction, servicing and completion of dwellings and landscaping upon Lots adjacent to the Property! provided that -12such easement shall terminate twelve (12) months after the date such Lot is conveyed to the Owner by the Declarant.

ARTICLE VII USE AND OCCUPANCY · All Lots and dwellings shall be used and occupied for single-family residence purposes. No Lot or dwelling may be used for commercial, institutional or other non­

rant.

ARTICLE VII USE AND OCCUPANCY · All Lots and dwellings shall be used and occupied for single-family residence purposes. No Lot or dwelling may be used for commercial, institutional or other non­ residential purpose .if such use involves the attendance or entry of non-residents upon the Lot or otherwise diminishes the residential character of the Lot or neighborhood. This prohibition shall not apply to "garage sales" conducted with prior written consent of the Association provided that no Owner shall conduct more than two (2) garage sales of no more than two (2) days duration each during any twelve (12) month period.

ARTICLE VIII PROPERTY RIGHTS Section 1. Owners' Easement of Enjoyment. Every Owner shall have a right and easement in and to the Common Areas and a right and easement of ingress and egress to, from and through said Common Areas, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association to establish and publish rules and regulations governing the use of the Common areas affecting the welfare of Association members; (b) The right of the Association to suspend the right of use of the Common Areas and the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (c) The right of the Association, subject to the provisions hereof, to dedicate or transfer all or any part of the Common Areas, if any, to any public agency, authority or utility for such QUrposes and subject to the conditions as may be agreed by the Association. No such dedication or transfer shall be effective unless an instrument signed

y public agency, authority or utility for such QUrposes and subject to the conditions as may be agreed by the Association. No such dedication or transfer shall be effective unless an instrument signed by Owners entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded agreeing to such dedication or transfer; (d) All easements herein described are easements appurtenant to and running with the land; they shall at all times inure to the benefit of and be binding upon the Owners, and all of their grantees, and their respective heirs. successors. personal representatives and assigns, perpetually and in full force.

Section 2. Effect of Declaration. Reference in any deed, mortgage, trust deed or any other recorded documents to the easements, restrictions and covenants herein -13described or to this Declaration shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees, or trustees of said parcels as fully and completely as if those easements, restrictions and covenants were fully related and set forth in their entirety in said documents.

Section 3. Rezoning Prohibited. No Lot shall be rezoned to any classification allowing commercial, institutional or other non-residential use without the express written consent of the Association and Declarant (as long as Declarant owns any Lot subject to this Declaration), which may be withheld in Declarant's sole discretion. Declarant or the Association may enforce this covenant by obtaining an injunction against any unapproved rezoning at the expense of the enjoined party. This provision shall have no binding effect upon any City approval or denial of zoning or initiation of same.

ARTICLE IX CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS

the expense of the enjoined party. This provision shall have no binding effect upon any City approval or denial of zoning or initiation of same.

ARTICLE IX CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS Section 1. Residential Use. All lots shall be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family residence per lot, which residence may not exceed two (2) stories in height, and a private garage as provided below.

Section 2. Single-Family Use. Each residence may be occupied by only one (1) family consisting of persons related by blood, adoption, or marriage or no more than two (2) unrelated persons living together as a single house keeping unit, together with any household servants.

Section 3. Garaae Required. Each residence shall have a garage suitable for parking not less than two (2) nor more than three (3) standard size automobiles, which garage conforms in design and materials with the main structure. No carports will be allowed within this subdivision.

Section 4. Restrictions on Subdivision. None of the lots shall be subdivided into smaller lots.

.., Section 5. Driveways. All driveways shall be surfaced with concrete or similar substance acceptable to the City.

Section 6. Temporary Dwellings and Building Materials. No temporary dwelling, shop, trailer or mobile home of any kind or any improvement of a temporary character (except children's playhouses, dog houses, greenhouses, storage sheds or gazebos may be placed on a lot only in places which are not visible from any street on which the lot fronts) shall be permitted on any lot except that the builder or contractor may have

orage sheds or gazebos may be placed on a lot only in places which are not visible from any street on which the lot fronts) shall be permitted on any lot except that the builder or contractor may have temporary improvements (such as a sales office and/or construction trailer) on a given lot during construction of the residences on that lot. No building material of any kind or character shall be placed or stored upon the property until the owner thereof is ready to -14commence construction of improvements, and then such material shall be placed within the property lines of the lot upon which the improvements are to be erected.

Section 7. Boats, Aircraft. and Recreational Vehicles. No boat, marine craft, hovercraft, aircraft, recreational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for storage in the driveway or front yard of any dwelling or parked on any public street in the Addition, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any residence unless completely concealed from public view. No such vehicle shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the 'construction, maintenance or repair of a residence in the immediate vicinity.

Section 8. Trucks. Trucks with tonnage in excess of one (1) ton and any vehicle with painted advertisement shall not be permitted to park overnight within the Addition except those used by a builder during the construction of improvements.

Section 9. Explosive Cargo. No vehicle of any size which transports inflammatory or explosive cargo may be kept in the Addition at any time.

used by a builder during the construction of improvements.

Section 9. Explosive Cargo. No vehicle of any size which transports inflammatory or explosive cargo may be kept in the Addition at any time.

Section 10. Temporary Structures. No structure of a temporary character, such as a trailer, basement, tent shack, barn or other out-building shall be used on any property at any time as a dwelling house; prov_ided, however, that any builder may maintain and occupy model homes, sales offices and construction trailers during the construction period.

Section 11. Drilling. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted in the Addition, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Addition. No derrick nor other structure designed for use in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted within the Addition.

Section 12. Animals and Livestock. No animals, livestock or poultry of any kind shall be raised, bred or kept on any property in the Addition except that dogs, cats or other household pets may be kept for the purpose of providing companionship for the private family. Animals are not to be raised, bred or kept for commercial purposes or for food. It is the purpose of these proVisions to restrict the use of the property so that no person shall quarter on the premises cows, horses, bees, hogs, sheep, goats, guinea fowls, ducks, chickens, geese, turkeys, skunks or any other animals that may interfere with the quietude, health, or safety of the community. No more than four (4) pets will be permitted on each

uinea fowls, ducks, chickens, geese, turkeys, skunks or any other animals that may interfere with the quietude, health, or safety of the community. No more than four (4) pets will be permitted on each lot. Pets must be restrained or confined on the homeowner's back lot inside a fenced area or within the house. It is the pet owner's responsibility to keep the lot clean and free of pet debris. All animals must be properly tagged for identification.

Section 13. Trash. No lot or other area in the Addition s:1all be used as a dumping ground for rubbish. Trash, garbage, or other wa·ste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or other disposal of such material shall be kept in clean and sanitary condition. Materials incident to construction of -15improvements may be stored on lots during construction so long as construction, progresses without undue delay.

Section 14. Water. No individual water supply system shall be permitted in the Addition.

·Section 15. Sewaoe. No individual sewage disposal system shall be permitted in the Addition.

Section 16. Temporary Occupancy. No garage, garage house or other out­ building (except for sales offices and construction ·trailers during the construction period) shall be occupied by any owner, tenant or other person prior to the erection of a residence.

Section 17. Air-Conditioning. No air-conditioning apparatus shall be installed on the ground in front of a residence. No air-conditioning apparatus shall be attached to any front wall or window of a residence. No evaporative cooler shall be installed on the front wall or window of a residence.

Section 18. Antennas. Except with the written permtsston of Declarant, no

any front wall or window of a residence. No evaporative cooler shall be installed on the front wall or window of a residence.

Section 18. Antennas. Except with the written permtsston of Declarant, no antennas shall be permitted in this Addition except antennas for AM or FM radio reception and UHF and VHF television reception. All antennas shall be located inside the attic of the main residential structure except as permitted by written permission of Declarant.

Section 19. Business Use. No lot or improvement shall be used for business, -professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes.

No noxious or offensive activity shall be undertaken within the Addition, nor shall anything be done which is or may become an annoyance or nuisance to the neighborhood. Nothing in this subparagraph shall prohibit a builder's temporary use of a residence as a sales office until such builder's last residence in the Addition is sold. Nothing in this subparagraph shall prohibit an owner's use of a residence for quiet inoffensive activities such as tutoring or giving art lessons so long as such activities do not materially increase the number of cars parked on the street or interfere with adjoining homeowner's use and enjoyment of their residences any yards. · Section 20. Sight-Distance and Intersection. No fence, wall, hedge or shrub planting which obstructs· sight lines at elevations betvveen three (3) and six (6) feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting them at points ten (1 0)

ix (6) feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting them at points ten (1 0) feet from the intersection of the street right-of-way lines, or, in the case of a rounded property corner, from the intersection of the street right-of-way lines as extended. The same sight-line limitations shall apply on any lot within ten (1 0) feet from the intersection of a street right-of-way line with the edge of a private driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

-16Section 21. Relocated Structures. Except for children's playhouses, dog houses and other small low visibility buildings, no building previously constructed elsewhere shall be moved onto any lot, it being the intention that only new construction be placed and erected thereon.

Section 22. Interference with Utilities or Drainage Channels. Within easements on each lot, no structures, planting or materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow within drainage channels or which may obstruct or retard the flow of water through drainage channels.

Section 23. Signs. No sign of any kind shall be displayed to the public view on any lot except one (1) professional security system sign of not more than one (1) square foot, one (1) sign of not more than five (5) square feet advertising the property for rent or sale, or signs used by a builder to advertise the property during the construction and sales

ne (1) square foot, one (1) sign of not more than five (5) square feet advertising the property for rent or sale, or signs used by a builder to advertise the property during the construction and sales period. Declarant or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the above, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal.

Notwithstanding, Declarant shall have the right to erect such signs as Declarant deems appropriate.

Section 24. Laundry. The drying of clothes in full public view is prohibited.

Section 25. Fires. Except within fireplaces in the main residential dwelling and except for outdoor cooking, no burning of anything shall be permitted anywhere in the Addition.

Section 26. Minimum Floor Area. Except as otherwise provided for Phase I of the Bristol Pointe development according to the Plat Map for the Property, filed and recorded in the Collin County Deed Records, the total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory buildings, shall not be less than the minimum habitable floor area as required by the City. ln Phase I qf the Bristol Pointe development, no more than one third of the lots shall consist of less than 2, 000 square feet of total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls ljut exclusive of open porches, garages, patios and detached accessory buildings. Each party building a home less than 2,000 square feet in Phase I shall be required to notify the Declarant and obtain written approval from Declarant prior

s, patios and detached accessory buildings. Each party building a home less than 2,000 square feet in Phase I shall be required to notify the Declarant and obtain written approval from Declarant prior to commencing construction. Any written approval received from Declarant shall be valid for thirty (30) days. If construction is not commenced within that time the approval will be invalid and new approval obtained prior to commencement of construction. Any home constructed without written approval as set forth herein shall be unacceptable and disallowed by this Declaration.

Section 27. Building Materials. The exterior wall area of each building constructed or placed on a lot shall be constructed of materials as required by the City. Roofing shall be wood shingle or wood shake, composition, or other materials of a substance acceptable -17to all governing authorities, including but not limited to the City, VA and FHA. In addition to the foregoing, in Phase I of the Bristol Pointe development as defined in Section 26 of this Article, all roof pitches on any building constructed upon any lot within the Property shall have on the average no less than an 8 by 12 pitch to the roof line, and any building constructed with less than such pitch shall be unacceptable and disallowed by this Declaration.

Section 28. Side Line and Front Line Setback Restrictions. No dwelling shall be located on any lot nearer to the front lot line or nearer to the side lot line than the minimum setback lines shown on the Plat or required by all governing authorities, including but not limited to the City, VA and FHA. · Section 29. Waiver of Front Setback Requirements. With the written approval of Declarant, any building may be located further back from the front property line of a lot than

to the City, VA and FHA. · Section 29. Waiver of Front Setback Requirements. With the written approval of Declarant, any building may be located further back from the front property line of a lot than provided above, where, in the opinion of Declarant, the proposed location of the building will add to the appearance and value of the lot and will not substantially detract from the appearance of the adjoining lots.

Section 30. Fences and Walls. No fence, wall or hedge shall be erected or maintained on any Lot nearer to the street than is permitted by applicable city ordinance or regulation. All fences and walls shall be properly maintained in good condition by the Owner of the Lot upon which the fence or wall sits unless the maintenance thereof is specifically assumed by Declarant or the Association by written notice to Owner. Chipping paint, rotting wood, leaning portions or those portions in a state of disrepair shall be properly cared for, maintained and/or replaced by the Owner of the Lot upon which the fence or wall sits, all subject to the requirements of the Declarant or the Association.

Section 31. Sidewalks. All sidewalks shall conform to City specifications and regulations.

Section 32. Mailboxes. In Phase I of the Bristol Pointe development, as defined on the Plat Map recorded in connection with the Property, mailboxes shall be constructed of masonry and of brick and otherwise be of construction and desigf) acceptable to the governing authorities including but not limited to the City, VA and FHA. In all other phases of development of the Property, mailboxes may be constructed and designed in a manner acceptable to the governin~ authorities including but not limited to the City, VA and FHA.

HA. In all other phases of development of the Property, mailboxes may be constructed and designed in a manner acceptable to the governin~ authorities including but not limited to the City, VA and FHA.

Section 33. Type of Buildings Permitted. All lots shall be used for residential purposes only, and except as otherwise provided in this Declaration, no building shall be erected, altered, placed or permitted to remain on any lot other than one detached, single family dwelling, not to exceed two stories in height and a private garage for two or no more than three automobiles.

Section 34. Terrain and Lot Drainage. No planting, construction, or any other activity shall be undertaken which, in any way, alters or affects the drainage or natural flow of water from any of the lots.

-18Section 35. Development Activity. Notwithstanding any other provision herein, Declarant and its successors and assigns shall be entitled to conduct on the Property all activities normally associated with and convenient to the development of the Property and the construction and sale of the dwelling units on the Property.

ARTICLE X ANNEXATION Section 1. Annexation by Declarant. At any time during the initial term of this Declaration, the Declarant may, at its sole option, annex additional property to this Declaration to be subject to the terms hereof to the same extent as if originally included herein and subject to such other terms, covenants, conditions, easements and restrictions as may be imposed thereon by Declarant.

(a) Declaration of Annexation. Annexation shall be evidenced by a written Declaration of Annexation executed by Declarant setting forth the legal description of the property being annexed and the restrictive covenants to be applied to such annexed property.

ced by a written Declaration of Annexation executed by Declarant setting forth the legal description of the property being annexed and the restrictive covenants to be applied to such annexed property.

Section 2. Annexation by Action of Members. At any time the Board of Directors may request approval of the membership for the annexation of additional property into the Association to be subject to all of the terms of this Declaration to the same extent as if originally included herein. No such annexation shall be effective unless approved in writing by a majority vote. Any property that is contiguous to existing property to this Declaration may be annexed hereto according to the foregoing requirements, provided however, that no such annexation shall be effective without the consent and joinder of the owners of the property to be annexed. Such annexation must be evidenced by a Declaration of Annexation as set forth in Subsection 1 (a) above executed by the parties herein described.

Section 3. No Duty to Annex. Nothing herein contained shall establish any duty or obligation on the part of the Declarant or any other member to annex any property to this Declaration and no owner of property excluded from the Declaration shall have any right to have such property annexed thereto.

Section 4. Effect of Annexation on Class 8 Membership. In determining the number of Lots owned by Declarant for the purpose of Class 8 Membership status according to Article II, Section 6, the total number of Lots covered by the Declaration including c:dl Lots annexed thereto shall be considered. If Class 8 Membership has previously expired but annexation of additional property restores the ratio of Lots owned by Declarant to the number required for Class B Membership, such Class 8 Membership

If Class 8 Membership has previously expired but annexation of additional property restores the ratio of Lots owned by Declarant to the number required for Class B Membership, such Class 8 Membership shall be reinstated.

ARTICLE XI GENERAL Section 1. Rights. For so long as Declarant shall own any of the Lots contained within the Property as it currently exists or as such properties shall have been annexed to -19be governed by these Declarations and continuing until such date as Declarant no longer owns any Lot contained within the Property (or such Property as may be annexed pursuant to these Declarations), Declarant shall have the sole and exclusive right to establish the Homeowner's Association contemplated by these Declarations and Declarant shall be under no obligation to establish such Homeowner's Association or to perform any of the duties and obligations set forth herein except as required by the City. In the event Declarant shall elect, in Declarant's sole and exclusive discretion, to establish the Homeowner's Association made reference to herein, Declarant shall be relieved of all rights and obligations (except those specifically applicable to Class B Memberships ) and then only to the extent Declarant is a Class B Member and only to the extent such rights and obligations are imposed upon Declarant by these o·eclarations and such obligations shall, from the formation of such Homeowner's Association forward, become the obligations of the Homeowner's Association.

Section 2. Remedies. In the event of any default by any Owner under the provisions of the Declaration, By-Laws or rules and regulations of the Association, the Association and any Owner shall have each and all of the rights and remedies which may

lt by any Owner under the provisions of the Declaration, By-Laws or rules and regulations of the Association, the Association and any Owner shall have each and all of the rights and remedies which may .be provided for in this Declaration, the By-Laws and said rules and regulations, and those which may be available at law or in equity, and may prosecute any action or other proceeding against such defaulting Owner and/or others for enforcement of any lien, statutory or othenNise, including foreclosure of such lien and the appointment of a receiver for the Lot and ownership interest of such Owner, or for damages or injunction, or specific performance, or for judgment for the payment of the money and collection thereof, or for any combination of the remedies, or for any other relief. No remedies herein provided or available at law or in equity shall be deemed mutually exclusive of any other such remedy.

All expenses of the Association in connection with any such actions or proceedings, including court costs and attorney's fees and other fees and expenses, and all damages, permitted by law but, with reference to any Lots financed by FHA insured loans, not in excess of the maximum rate of FHA loans at the time of delinquency, from the due date until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to and deemed part of respective maintenance assessment (to the same extent as the lien provided herein for unpaid assessments), upon the Lot and upon all of the Any and all of such rights and remedies may be exercised at any time and from time to time, cun1ulatively or othervvise, by the Association or any Owner.

'!

all of his personal property upon the Lot.

Any and all of such rights and remedies may be exercised at any time and from time to time, cun1ulatively or othervvise, by the Association or any Owner.

'!

.sf~ction 3.. Term and Amendments. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty-five (25) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (1 0) years, unless seventy-five percent (75°/o) of the votes outstanding shall have voted to terminate the covenants and restrictions of this Declaration and prior approval has been obtained from the City of Plano, Collin County, Texas. which termination shall be by written instrument signed by seventy-five percent (75°/o) of the Owners and countersigned by a duly authorized representative of the City of Plano and properly recorded in the Collin County, Texas land records. As long as Declarant owns any Lots, Declarant may make such amendments to this Declaration as it deems reasonable or necessary in its sole discretion except that amendments with regard to -20maintenance of common areas must receive prior approval of the City of Plano.

Othervvise, this Declaration may be amended by an instrument signed by Owners and/or Declarant constituting not less than fifty one percent (51 °/o) of the votes of the Association except that amendments with regard to maintenance of common areas must receive prior approval of the City of Plano. Any amendment must be recorded.

Section 4. Multiple Declarants. In the event Declarant, pursuant to its rights as provided herein, designates one or more Declarants such that there are Multiple

Plano. Any amendment must be recorded.

Section 4. Multiple Declarants. In the event Declarant, pursuant to its rights as provided herein, designates one or more Declarants such that there are Multiple Declarants, each such Declarant shall be responsible for its pro rata portion, based upon the number of Lots owned by the Declarant compared to the total number of Lots owned by all Declarants, of all expenses and other financia·l obligations and such other duties and obligations as are set forth herein. In the event a decision or election by Declarant is to be made pursuant to the provisions hereof, and there is more than one Declarant, the decision shall be made by majority vote of the Declarants and each Declarant shall be entitled to one vote per Lot owned. Each Declarant agrees to mutually cooperate in good faith to diligently and completely perform all of the obligations of a Declarant under this Agreement.

Section 5. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain, in full force and effect.

Section 6. Rights and Obligations. The provisions of this Declaration and the Articles of Incorporation and By-Laws and the rights and obligations established thereby shall be deemed to be covenants running with the land and shall inure to the benefit of, and be binding upon, each and all of the Owners and their respective heirs, representatives, successors, assigns, purchasers, grantees and mortgagees. By the recording of the acceptance of a deed conveying a Lot of any ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed shall be deemed to

ees and mortgagees. By the recording of the acceptance of a deed conveying a Lot of any ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed shall be deemed to accept and agree to be bound by and subject to all of the provisions of this Declaration and the Articles of Incorporation and By-Laws, whether or not mention thereof is made in said deed.

Section 7. Indemnification of Declarant. Except to the extent of Declarant's gross negligence or willful misconduct, the Association shall indemnify and hold harmless Declarant from any and all claims, actions, debts, demands or causes of action which may be brought against Declarnnt and arising in any way in connection with the Association.

Section 8. Miscellaneous Provisions. Any provisions of this Declaration or of the Articles of Incorporation and By-Laws to the contrary notwithstanding, the following provisions shall control: (a) All personal pronouns used in this Declaration, whether used in the masculine, feminine or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa.

-21Section 9. Headings. The headings contained In this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration.

Section 1 0. Conflict~. Jn the event of conflict between the terms of this Declaration and the By-Laws, rules, regulations or Articles of Incorporation of the Association, this Declaration shall control.

Section 11. Failure of Association to Perform Duties. ShouJd the Association fail to carry out its duties as specified in this Declaration. the City of P\ano or its lawful agents shall have the right and abilrty but not the responsibility, after due notice to the Association,

fail to carry out its duties as specified in this Declaration. the City of P\ano or its lawful agents shall have the right and abilrty but not the responsibility, after due notice to the Association, to remove any landscape systems, features or' elements within the common areas, easements or public property that cease to be maintained by the Association; to perform the responsibilities of the Association if the Association fails to do so in compliance with any of the provisions of this Declaration or of any applicable town codes or regulations; to assess the Association for all costs incurred by the City of Plano in performing said responsibilities if the Association fails to do so; and/or to avail itself of any other enforcement actions available to the City of Plano pursuant to state law or Federal codes and regutat\ons. Should the City of Plano exercise its rights as specified above, the Association shall indemnify and hold harmless the City of Plano from any and all costs, expenses, suits, demands, liablHtles or damages, including attorney's fees and costs of suit, incurred or resulting from the City of Plano's removal of any landscape systems, features or elements that cease to be maintained by the Association, or from the City of Plano's performance of the aforementioned operations, maintenance or supervision responsibilities of the Association due to the Association's failure to pertorm said duties.

IN WlTNESS WHEREOF, the Declarant has caused this instrument to be executed on its behalf, attested and its corporate seal to be hereunto affixed as of the day and year first above written.

ATTEST: DECLARANT: \ BRISTOL POINTE, liTO.

-22STATE OF TEXAS § § COUNTY OF COLLIN §

first above written.

ATTEST: DECLARANT: \ BRISTOL POINTE, liTO.

-22STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me on this ~ay of ~ 1997, by lssam Karanouh. Vice President of lntermandeco, General Partner of Bristol Pointe, Ltd., on behalf of said entity.

< .., My Commission Exp:raa The State of Texas -23Exhibit A G~-Number 96R07043 BEING a ttact: of land out:.· of the JOHN COX SURVEY, Abstract No. 188, in the City of Plano, Collin County. Texas, and being all of t::he 48.2985 acre trac~ of land Clerk1s File No. 92-0045910 of the Land Records of Collin Councy, Texas and being more particularly described as follows: BEGINNING at: a 5/8" iron rod found for the intersection of the southerly right:-of-way line of Spring Creek ~arkway (160' ROW) wieh the easterly right-of-way line of Preston Meadow Drive (85' ROW), dedicated to the City of Plano, Texas by plat: recorded in Cabinet: F, Sli.de 383 of the Map Records of degrees 41 minutes 05 seconds·Yest:, 88.99 feet; degrees 33 minutes 49 seconds East 1 a d.ist:ance of 1105.62 feet: t:o a 1/2 .. iron rod found for t:he nor~east: corner of t:he beforament:ioned 48.2985 acre tract, from which a 1• iron rod found for the northwest corner of SPRING BEND, an

.ist:ance of 1105.62 feet: t:o a 1/2 .. iron rod found for t:he nor~east: corner of t:he beforament:ioned 48.2985 acre tract, from which a 1• iron rod found for the northwest corner of SPRING BEND, an addition to the City of Plano, Collin Councy, Texas according to the plat: thereof recorded in Cabinet H, Slide 627 of one Map Records of Collin County, Texas bears South 89 degrees 33 minutes 49 seconds East, 2.17 feet:; THENCE 'With the easterly line of the said 48.2985 acre tract, South 00 degrees 19 minutes 29 seconds West:, a distance of 1991.50 feet to a 1/2" iron rod found in the northerly right-of-way line of Lorimar Drive (65' E.:.QW) dedicated to the City of Plano, Texas by plat: recorded in Cabinec F, Slide 106 of the Map Records of Collin Councy, Texas for the beginning of a non-tangent curve to the righ~, having a central angle of 02 degrees 39 minutes 45 seconds, a radius of 666.00 feec and a chord bearing and distance of Souch 89 degrees 00 minutes 41 seconds Yest, 30.95 feet; THENCE 'With the northerly right-of-~ay line of Lorimar Drive, the following courses and distances to wit: ~est:erly with said curve, an arc distance of 30.95 feet to a 1/2" iron rod found for corner; North 89 degrees 39 minutes 27 seconds West, a distance of 951.19 feet to a l" Lorimar Drive with the.eisterly right-of-~ay line of Preston.Meadow Drive; THENCE with the said eas~erly right-of-way line of Preston Meadow Drive, the following courses and 9ist:ances to wit: North 00 degrees 19 minutes 06 seconds East, a distance of 42.50 feet to a 1• iron rod found for the beginning of a tangent curve to the lef~, having a central angle of 06 degrees 54 minut:es 32 seconds, a radius of 4040.00 feet and

econds East, a distance of 42.50 feet to a 1• iron rod found for the beginning of a tangent curve to the lef~, having a central angle of 06 degrees 54 minut:es 32 seconds, a radius of 4040.00 feet and a chord bearing and discance of North 03 degrees 08 minutes 10 seconds West:, 486.86 feet; iron rod found for the beginning of a tangent curve co the right, having a central 'angle of 06 degrees 38 minutes 32 seconds, a radius of 4960.00 feet and a chord bearing and distance of.North 03 degrees 16 minut:es 10 seconds West, 574.99 feet:; North 00 degrees 03 minutes 06 seconrls East, a distance of 430.16 feet to the POINT OF BEGINNING and concaining 48.2976 acres of land.

NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR Bristol Pointe Homeowners Association Inc.

§ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled “Declaration of Covenants, Conditions and Restrictions” dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each

te the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

STATE OF TEXAS § § COUNTY OF DALLAS § ?

BEFORE ME, the undersigned authority, on this day personally appeared “ Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation. ‘ IBALL SUBSCRIBED AND SWORN TO BEFORE ME on thi day Notary Public State of Texas My Commission Expires AFTER RECORDING RETURN TO: aS MARY HARVEY Principal Management Group Attn; Debbie Simpson NOTARY PUBLIC 12700 Park Central Drive, Suite 600 STATE OF TEXAS Dallas, Texas 75251 MY COMM. EXP. 9-20-2015 EXHIBIT A

CORDING RETURN TO: aS MARY HARVEY Principal Management Group Attn; Debbie Simpson NOTARY PUBLIC 12700 Park Central Drive, Suite 600 STATE OF TEXAS Dallas, Texas 75251 MY COMM. EXP. 9-20-2015 EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

SOLAR DEVICE POLICY ENERGY EFFICIENT ROOFING POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the “Covenant”).

Note: Texas statutes presently render null and void any restriction in the Covenant which prohibits the installation of solar devices or energy efficient roofing on a residential lot. The Board and/or the architectural approval authority under the Covenant has adopted this policy in lieu of any express prohibition against solar devices or energy efficient roofing, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A. DEFINITIONS AND GENERAL PROVISIONS 1. Solar Energy Device Defined. A “Solar Energy Device” means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.

2. Energy Efficiency Roofing Defined. As used in this Policy, “Energy Efficiency Roofing” means shingles that are designed primarily to: (a) be wind and hail resistant; (b) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (c) provide solar

shingles that are designed primarily to: (a) be wind and hail resistant; (b) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (c) provide solar generation capabilities.

3. Architectural Review Approval Required. Approval by the architectural review authority under the Covenant (the “ACC”) is required prior to installing a Solar Energy Device or Energy Efficient Roofing. The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising the installation or construction to confirm compliance with an approved application; or (iii) the compliance of approved application with governmental codes and ordinances, state and federal laws.

B. SOLAR ENERGY DEVICE PROCEDURES AND REQUIREMENTS During any development period under the terms and provisions of the Covenant, the architectural review approval authority established under the Covenant need not adhere to the terms and provisions of this Solar Device Policy and may approve, deny, or further restrict the installation of any Solar Device. A development period continues for so long as the Declarant has reserved the right to facilitate the development, construction, size, shape, composition and marketing of the community.

1. Approval Application. To obtain ACC approval of a Solar Energy Device, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the “Solar Application”). A Solar Application may only be submitted by an Owner unless the Owner's tenant provides written confirmation at the time of

urer, and photograph or other accurate depiction (the “Solar Application”). A Solar Application may only be submitted by an Owner unless the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Solar Application.

2. Approval Process. The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. The ACC will approve a Solar Energy Device if the Solar Application complies with Section B.3 below UNLESS the ACC makes a written determination that placement of the Solar Energy Device, despite compliance with Section B.3, will create a condition that substantially interferes with the use and enjoyment of the property within the community by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The ACC’s right to make a written determination in accordance with the foregoing sentence is negated if all Owners of property immediately adjacent to the Owner/applicant provide written approval of the proposed placement.

Notwithstanding the foregoing provision, a Solar Application submitted to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by members of the Association will not be approved despite compliance with Section B.3. Any proposal to install a Solar Energy Device on property owned or maintained by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.

Each Owner is advised that if the Solar Application is approved by the ACC, installation of the

in writing by the Board, and the Board need not adhere to this policy when considering any such request.

Each Owner is advised that if the Solar Application is approved by the ACC, installation of the Solar Energy Device must: (i) strictly comply with the Solar Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Solar Energy Device to be installed in accordance with the approved Solar Application, the ACC may require the Owner to: (i) modify the Solar Application to accurately reflect the Solar Energy Device installed on the property; or (ii) remove the Solar Energy Device and reinstall the device in accordance with the approved Solar Application. Failure to install a Solar Energy Device in accordance with the approved Solar Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Solar Application or remove and relocate a Solar Energy Device in accordance with the approved Solar Application shall be at the Owner’s sole cost and expense.

3. Approval Conditions. Unless otherwise approved in advance and in writing by the ACC, each Solar Application and each Solar Energy Device to be installed in accordance therewith must comply with the following: (i) The Solar Energy Device must be located on the roof of the residence located on the Owner’s lot, entirely within a fenced area of the Owner's lot, or entirely within a fenced patio located on the Owner's lot. If the Solar Energy Device will be located on the roof of the residence, the ACC may

ot, entirely within a fenced area of the Owner's lot, or entirely within a fenced patio located on the Owner's lot. If the Solar Energy Device will be located on the roof of the residence, the ACC may designate the location for placement unless the location proposed by the Owner increases the estimated annual energy production of the Solar Energy Device, as determined by using a publicly available modeling tool provided by the National Renewable Energy Laboratory, by more than 10 percent above the energy production of the Solar Energy Device if installed in the location designated by the ACC. If the Owner desires to contest the alternate location proposed by the ACC, the Owner should submit information to the ACC which demonstrates that the Owner's proposed location meets the foregoing criteria. If the Solar Energy Device will be located in the fenced area of the Owner's lot or patio, no portion of the Solar Energy Device may extend above the fence line.

(ii) If the Solar Energy Device is mounted on the roof of the principal residence located on the Owner's lot, then: (A) the Solar Energy Device may not extend higher than or beyond the roofline; (B) the Solar Energy Device must conform to the slope of the roof and the top edge of the Solar Device must be parallel to the roofline; (C) the frame, support brackets, or visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.

C. ENERGY EFFICIENT ROOFING The ACC will not prohibit an Owner from installing Energy Efficient Roofing provided that the Energy Efficient Roofing shingles: (i) resemble the shingles used or otherwise authorized for use within the community; (ii) are more durable than, and are of equal or superior quality to, the shingles used or

ficient Roofing shingles: (i) resemble the shingles used or otherwise authorized for use within the community; (ii) are more durable than, and are of equal or superior quality to, the shingles used or otherwise authorized for use within the community; and (iii) match the aesthetics of adjacent property.

An Owner who desires to install Energy Efficient Roofing will be required to comply with the architectural review and approval procedures set forth in the Covenant. In conjunction with any such approval process, the Owner should submit information which will enable the ACC to confirm the criteria set forth in the previous paragraph.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

£ 4A — fresid eat y ig/ to Dily/Authorized Officer/Agent Date Kevin Kobuck Printed Name f NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR Bristol Pointe Homeowners Association Inc.

STATE OF TEXAS $ KNOW ALL tn ee It, 012 02:40:49 PH MA 1/4 THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled “Declaration of Covenants, Conditions and Restrictions” dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each

te the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared _, Ve, ME thn CMe Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.

tet, LA ZF ferecee ” Notary Public State of Texas My Commission Expires AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 MARY HARVEY sj NOTARY PUBLIC

lic State of Texas My Commission Expires AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 MARY HARVEY sj NOTARY PUBLIC MY COMM, EXP. 9-20-2015 } EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

RAINWATER HARVESTING SYSTEM POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the “Covenant”).

Note: Texas statutes presently render null and void any restriction in the Covenant which prohibits the installation of rain barrels or a rainwater harvesting system on a residential lot. The Board and/or the architectural approval authority under the Covenant has adopted this policy in lieu of any express prohibition against rain barrels or rainwater harvesting systems, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant A. ARCHITECTURAL REVIEW APPROVAL REQUIRED.

Approval by architectural review authority under the Covenant (the “ACC”) is required prior to installing rain barrels or rainwater harvesting system on a residential lot (a “Rainwater Harvesting System”). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.

B. RAINWATER HARVESTING SYSTEM PROCEDURES AND REQUIREMENTS

h an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.

B. RAINWATER HARVESTING SYSTEM PROCEDURES AND REQUIREMENTS 1. Approval Application. To obtain ACC approval of a Rainwater Harvesting System, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Rainwater Harvesting System; and (ii) a description of the Rainwater Harvesting System, including the color, dimensions, manufacturer, and photograph or other accurate depiction (the “Rain System Application”). A Rain System Application may only be submitted by an Owner unless the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Rain System Application.

2. Approval Process. The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. A Rain System Application submitted to install a Rainwater Harvesting System on property owned by the Association or property owned in common by members of the Association will not be approved. Any proposal to install a Rainwater Harvesting System on property owned by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.

Each Owner is advised that if the Rain System Application is approved by the ACC, installation of the Rainwater Harvesting System must: (i) strictly comply with the Rain System Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the

the Rainwater Harvesting System must: (i) strictly comply with the Rain System Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Rain System Application to be installed in accordance with the approved Rain System Application, the ACC may require the Owner to: (i) modify the Rain System Application to accurately reflect the Rain System Device installed on the property; or (ii) remove the Rain System Device and reinstall the device in accordance with the approved Rain System Application. Failure to install a Rain System Device in accordance with the approved Rain System Application or an Owner's failure to comply with the post-approval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Rain System Application or remove and relocate a Rain System Device in accordance with the approved Rain System shall be at the Owner’s sole cost and expense.

3. Approval Conditions. Unless otherwise approved in advance and in writing by the ACC, each Rain System Application and each Rain System Device to be installed in accordance therewith must comply with the following: (i) The Rain System Device must be consistent with the color scheme of the residence constructed on the Owner's lot, as reasonably determined by the ACC.

(ii) The Rain System Device does not include any language or other content that is not typically displayed on such a device.

(iii) The Rain System Device is in no event located between the front of the residence constructed on the Owner's lot and any adjoining or adjacent street.

(iv) There is sufficient area on the Owner's lot to install the Rain System Device, as

t located between the front of the residence constructed on the Owner's lot and any adjoining or adjacent street.

(iv) There is sufficient area on the Owner's lot to install the Rain System Device, as reasonably determined by the ACC.

(v) If the Rain System Device will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner's property, the ACC may regulate the size, type, shielding of, and materials used in the construction of the Rain System Device. See Section B. 4 for additional guidance.

4. Guidelines for Certain Rain System Devices. If the Rain System Device will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner's property, the ACC may regulate the size, type, shielding of, and materials used in the construction of the Rain System Device. Accordingly, when submitting a Rain Device Application, the application should describe methods proposed by the Owner to shield the Rain System Device from the view of any street, common area, or another Owner's property. When reviewing a Rain System Application for a Rain System Device that will be installed on or within the side yard of a lot, or would otherwise be visible from a street, common area, or another Owner's property, any additional regulations imposed by the ACC to regulate the size, type, shielding of, and materials used in the construction of the Rain System Device may not prohibit the economic installation of the Rain System Device, as reasonably determined by the ACC.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

Daly Authorized Officer/Agent Date Printed Name NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR Bristol Pointe Homeowners Association Inc.

rmined by the ACC.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

Daly Authorized Officer/Agent Date Printed Name NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR Bristol Pointe Homeowners Association Inc.

STATE OF TEXAS : KNOW ALL it WN ie 02:40:48 PMMA 1/5 THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled “Declaration of Covenants, Conditions and Restrictions” dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is true and correct copies. of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

correct copies. of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

By: Duly Authorized A nt ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Lhe Ze rs PCA SCE Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation. rs 2hdk , SUBSCRIBED AND SWORN TO BEFORE ME on thi Y day of Ve VFA ZZ U2 ZLLo 2c Notary Public y State of Texas 2012.

MARY HARVEY NOTARY PUBLIC STATE OF TEXAS B MY COMM. EXP. 9-20-2016 § AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

FLAG DISPLAY AND FLAGPOLE INSTALLATION POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the “Covenant”).

Note: Texas statutes presently render null and void any restriction in the Covenant which restricts or prohibits the display of certain flags or the installation of certain flagpoles on a residential lot in violation

utes presently render null and void any restriction in the Covenant which restricts or prohibits the display of certain flags or the installation of certain flagpoles on a residential lot in violation of the controlling provisions of Section 202.011 of the Texas Property Code or any federal or other applicable state law. The Board and/or the architectural approval authority under the Covenant has adopted this policy in lieu of any express prohibition against certain flags and flagpoles, or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant.

A. ARCHITECTURAL REVIEW APPROVAL.

1. Approval Required. Approval by the ACC is required prior to installing a flagpole no more than five feet (5’) in length affixed to the front of a residence near the principal entry or affixed to the rear of a residence (“Mounted Flagpole”). A Mounted Flag or Mounted Flagpole need to be approved in advance by the architectural review authority under the Covenant (the “ACC”). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.

2. Approval Required. Approval by the ACC is required prior to installing vertical freestanding flagpoles installed in the front or back yard area of any residential lot (“Freestanding Flagpole”). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved

). The ACC is not responsible for: (i) errors in or omissions in the application submitted to the ACC for approval; (ii) supervising installation or construction to confirm compliance with an approved application; or (iii) the compliance of an approved application with governmental codes and ordinances, state and federal laws.

B. PROCEDURES AND REQUIREMENTS 1. Approval Application. To obtain ACC approval of any Freestanding Flagpole, the Owner shall provide the ACC with the following information: (a) the location of the flagpole to be installed on the property; (b) the type of flagpole to be installed; (c) the dimensions of the flagpole; and (d) the proposed materials of the flagpole (the “Flagpole Application”). A Flagpole Application may only be submitted by an Owner UNLESS the Owner's tenant provides written confirmation at the time of submission that the Owner consents to the Flagpole Application.

2. Approval Process. The decision of the ACC will be made within a reasonable time, or within the time period otherwise required by the principal deed restrictions which govern the review and approval of improvements. A Flagpole Application submitted to install a Freestanding Flagpole on property owned by the Association or property owned in common by members of the Association will not be approved. Any proposal to install a Freestanding Flagpole on property owned by the Association or property owned in common by members of the Association must be approved in advance and in writing by the Board, and the Board need not adhere to this policy when considering any such request.

Each Owner is advised that if the Flagpole Application is approved by the ACC, installation of the Freestanding Flagpole must: (i) strictly comply with the Flagpole Application; (ii) commence within

.

Each Owner is advised that if the Flagpole Application is approved by the ACC, installation of the Freestanding Flagpole must: (i) strictly comply with the Flagpole Application; (ii) commence within thirty (30) days of approval; and (iii) be diligently prosecuted to completion. If the Owner fails to cause the Freestanding Flagpole to be installed in accordance with the approved Flagpole Application, the ACC may require the Owner to: (i) modify the Flagpole Application to accurately reflect the Freestanding Flagpole installed on the property; or (ii) remove the Freestanding Flagpole and reinstall the flagpole in accordance with the approved Flagpole Application. Failure to install a Freestanding Flagpole in accordance with the approved Flagpole Application or an Owner's failure to comply with the postapproval requirements constitutes a violation of this policy and may subject the Owner to fines and penalties. Any requirement imposed by the ACC to resubmit a Flagpole Application or remove and relocate a Freestanding Flagpole in accordance with the approved Flagpole Application shall be at the Owner’s sole cost and expense.

cf Installation, Display and Approval Conditions. Unless otherwise approved in advance and in writing by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed in accordance with the Flagpole Application, must comply with the following: (a) No more than one (1) Freestanding Flagpole OR no more than two (2) Mounted Flagpoles are permitted per residential lot, on which only Mounted Flags may be displayed, (b) Any Mounted Flagpole must be no longer than five feet (5') in length and any Freestanding Flagpole must be no more than twenty feet (20') in height;

, on which only Mounted Flags may be displayed, (b) Any Mounted Flagpole must be no longer than five feet (5') in length and any Freestanding Flagpole must be no more than twenty feet (20') in height; (c) Any Mounted Flag displayed on any flagpole may not be more than three feet in height by five feet in width (3'x5'); (d) With the exception of flags displayed on common area owned and/or maintained by the Association and any lot which is being used for marketing purposes by a builder, the flag of the United States of America must be displayed in accordance with 4 U.S.C. Sections 5-10 and the flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code; (e) The display of a flag, or the location and construction of the flagpole must comply with all applicable zoning ordinances, easements and setbacks of record; (f) Any flagpole must be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling; (g) A flag or a flagpole must be maintained in good condition and any deteriorated flag or deteriorated or structurally unsafe flagpole must be repaired, replaced or removed; (h) Any flag may be illuminated by no more than one (1) halogen landscaping light of low beam intensity which shall not be aimed towards or directly affect any neighboring property; and (i) Any external halyard of a flagpole must be secured so as to reduce or eliminate noise from flapping against the metal of the flagpole.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

Duty Authorized Officer/Agent Date Kowin Rots ice Printed Name NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR Bristol Pointe Homeowners Association Inc.

SOCIATION, INC.

Duty Authorized Officer/Agent Date Kowin Rots ice Printed Name NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR Bristol Pointe Homeowners Association Inc.

§ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled “Declaration of Covenants, Conditions and Restrictions” dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

By: Duly Authorized ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.

_§ BAA SUBSCRIBED AND SWORN TO BEFORE ME on tl ; State of Texas My Commission Expires AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson NOTARY PUBLIC 12700 Park Central Drive, Suite 600 STATE OF TEXAS ——— MY COMM. EXP. 9-20-2015 EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

DISPLAY OF CERTAIN RELIGIOUS ITEMS POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the “Covenant”).

1. Display of Certain Religious Items Permitted. An Owner or resident is permitted to display or affix to the entry of the Owner's or resident's dwelling one or more religious items, the display of which is motivated by the Owner's or resident's sincere religious belief. This Policy outlines the

affix to the entry of the Owner's or resident's dwelling one or more religious items, the display of which is motivated by the Owner's or resident's sincere religious belief. This Policy outlines the standards which shall apply with respect to the display or affixing of certain religious items on the entry to the Owner's or resident's dwelling.

Zz General Guidelines. Religious items may be displayed or affixed to an Owner or resident's entry door or door frame of the Owner or resident's dwelling; provided, however, that individually or in combination with each other, the total size of the display is no greater than twenty-five square inches (5”x5” = 25 square inches).

3. Prohibitions. No religious item may be displayed or affixed to an Owner or resident's dwelling that: (a) threatens the public health or safety; (b) violates applicable law; or (c) contains language, graphics or any display that is patently offensive. No religious item may be displayed or affixed in any location other than the entry door or door frame and in no event may extend past the outer edge of the door frame of the Owner or resident's dwelling. Nothing in this Policy may be construed in any manner to authorize an Owner or resident to use a material or color for an entry door or door frame of the Owner or resident's dwelling or make an alteration to the entry door or door frame that is not otherwise permitted pursuant to the Association's governing documents.

4, Removal. The Association may remove any item which is in violation of the terms and provisions of this Policy.

5. Covenants in Conflict with Statutes. To the extent that any provision of the Association’s recorded covenants restrict or prohibit an Owner or resident from displaying or affixing a

of this Policy.

5. Covenants in Conflict with Statutes. To the extent that any provision of the Association’s recorded covenants restrict or prohibit an Owner or resident from displaying or affixing a religious item in violation of the controlling provisions of Section 202.018 of the Texas Property Code, the Association shall have no authority to enforce such provisions and the provisions of this Policy shall hereafter control.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

Pres daout Authorized Officer/Agent Du Kevin Robuc ( Printed Name NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR ol Pointe Homeowners Association Inc.

STATE OF TEXAS § ll | DUN MN 02:40:46 PM MA 1/9 § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled “Declaration of Covenants, Conditions and Restrictions” dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and

ciation must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

Ae By: 2 Duly Authorized Agent ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared ?

Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation. P day of ( SUBSCRIBED AND SWORN TO BEFORE ME on tl Notary Public State of Texas My Commission Expires AFTER RECORDING RETURN TO: MARY H ARVEY Principal Management Group RY PUBLIC Attn: Debbie Simpson NOTA TEXAS 12700 Park Central Drive, Suite 600 STATE OF Dallas, Texas 75251 MY COMM. EXP. 9-20-2015 i EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

RECORDS INSPECTION, COPYING AND RETENTION POLICY

TEXAS 12700 Park Central Drive, Suite 600 STATE OF Dallas, Texas 75251 MY COMM. EXP. 9-20-2015 i EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

RECORDS INSPECTION, COPYING AND RETENTION POLICY Terms used but not defined in this policy will have the meaning subscribed to such terms in that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the “Covenant”).

Note: Texas statutes presently render null and void any restriction in the Covenant which restricts or prohibits the inspection, copying and/or retention of association records and files in violation of the controlling provisions of the Texas Property Code or any other applicable state law. The Board has adopted this policy in lieu of any express prohibition or any provision regulating such matters which conflict with Texas law, as set forth in the Covenant.

1. Written Form. The Association shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.

2. Request in Writing; Pay Estimated Costs In Advance. An Owner (or an individual identified as an Owner's agent, attorney or certified public accountant, provided the designation is in writing and delivered to the Association) may submit a written request via certified mail to the Association's mailing address or authorized representative listed in the management certificate to access the Association's records. The written request must include sufficient detail describing the books and records requested and whether the Owner desires to inspect or copy the records. Upon receipt of a

the Association's records. The written request must include sufficient detail describing the books and records requested and whether the Owner desires to inspect or copy the records. Upon receipt of a written request, the Association may estimate the costs associated with responding to each request, which costs may not exceed the costs allowed pursuant to Texas Administrative Code Section 70.3, as may be amended from time to time (a current copy of which is attached hereto). Before providing the requested records, the Association will require that the Owner remit such estimated amount to the Association. The Association will provide a final invoice to the Owner on or before the 30th business day after the records are provided by the Association. If the final invoice includes additional amounts due from the requesting party, the additional amounts, if not reimbursed to the Association before the 30th business day after the date the invoice is sent to the Owner, may be added to the Owner's account as an assessment. If the estimated costs exceeded the final invoice amount, the Owner is entitled to a refund, and the refund shall be issued to the Owner not later than the 30th business day after the date the final invoice is sent to the Owner.

3. Period of Inspection. Within ten (10) business days from receipt of the written request, the Association must either: (1) provide the copies to the Owner; (2) provide available inspection dates; or (3) provide written notice that the Association cannot produce the documents within the ten (10) days along with either: (i) another date within an additional fifteen (15) days on which the records may either be inspected or by which the copies will be sent to the Owner; or (ii) after a diligent search, the requested

r: (i) another date within an additional fifteen (15) days on which the records may either be inspected or by which the copies will be sent to the Owner; or (ii) after a diligent search, the requested records are missing and can not be located.

4, Records Retention. The Association shall keep the following records for at least the times periods stated below: a. PERMANENT: The Articles of Incorporation or the Certificate of Formation, the Bylaws and the Covenant, any and all other governing documents, guidelines, rules, regulations and policies and all amendments thereto recorded in the property records to be effective against any Owner and/or Member of the Association.

b. FOUR (4) YEARS: Contracts with a term of more than one (1) year between the Association and a third party. The four (4) year retention term begins upon expiration of the contract term.

C. FIVE (5) YEARS: Account records of each Owner. Account records include debit and credit entries associated with amounts due and payable by the Owner to the Association, and written or electronic records related to the Owner and produced by the Association in the ordinary course of business.

d. SEVEN (7) YEARS: Minutes of all meetings of the Board and the Owners.

e, SEVEN (7) YEARS: Financial books and records produced in the ordinary course of business, tax returns and audits of the Association.

f. GENERAL RETENTION INSTRUCTIONS: “Permanent” means records which are not to be destroyed. Except for contracts with a term of one (1) year or more (See item 4.b. above), a retention period starts on the last day of the year in which the record is created and ends on the last day of the year of the retention period.

For example, if a record is created on June 14, 2012, and the retention period is

the last day of the year in which the record is created and ends on the last day of the year of the retention period.

For example, if a record is created on June 14, 2012, and the retention period is five (5) years, the retention period begins on December 31, 2012 and ends on December 31, 2017. If the retention period for a record has elapsed and the record will be destroyed, the record should be shredded or otherwise safely and completely destroyed. Electronic files should be destroyed to ensure that data cannot be reconstructed from the storage mechanism on which the record resides.

5. Confidential Records. As determined in the discretion of the Board, certain Association records may be kept confidential such as personnel files, Owner account or other personal information (except addresses) unless the Owner requesting the records provides a court order or written authorization from the person whose records are sought.

6. Attorney Files. Attorney's files and records relating to the Association (excluding invoices requested by a Owner pursuant to Texas Property Code Section 209.008(d)), are not records of the Association and are not: (a) subject to inspection by the Owner; or (b) subject to production in a legal proceeding. If a document in an attorney’s files and records relating to the Association would be responsive to a legally authorized request to inspect or copy Association documents, the document shall be produced by using the copy from the attorney’s files and records if the Association has not maintained a separate copy of the document. The Association is not required under any circumstance to produce a document for inspection or copying that constitutes attorney work product or that is privileged as an attorney-client communication.

The Association is not required under any circumstance to produce a document for inspection or copying that constitutes attorney work product or that is privileged as an attorney-client communication.

7. Presence of Board Member or Manager; No Removal. At the discretion of the Board or the Association’s manager, certain records may only be inspected in the presence of a Board member or employee of the Association’s manager. No original records may be removed from the office without the express written consent of the Board.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

( le (G1 Q—§ Poses deat lie lin Duly/Authorized Officer/Agent Date Key in Robucle Printed Name TEXAS ADMINISTRATIVE CODE TITLE 1, PART 3, CHAPTER 70 RULE §70.3 - CHARGES FOR PROVIDING COPIES OF PUBLIC INFORMATION (a) The charges in this section to recover costs associated with providing copies of public information are based on estimated average costs to governmental bodies across the state. When actual costs are 25% higher than those used in these rules, governmental bodies other than agencies of the state, may request an exemption in accordance with §70.4 of this title (relating to Requesting an Exemption).

(b) Copy charge.

(1) Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $.10 per page or part of a page. Each side that has recorded information is considered a page.

(2) Nonstandard copy. The charges in this subsection are to cover the materials onto which information is copied and do not reflect any additional charges, including labor, that may be associated with a particular request. The charges for nonstandard copies are: (A) Diskette--$1.00; (B) Magnetic tape--actual cost (C) Data cartridge--actual cost;

charges, including labor, that may be associated with a particular request. The charges for nonstandard copies are: (A) Diskette--$1.00; (B) Magnetic tape--actual cost (C) Data cartridge--actual cost; (D) Tape cartridge--actual cost; (E) Rewritable CD (CD-RW)--$1.00; (F) Non-rewritable CD (CD-R)--$1.00; (G) Digital video disc (DVD)--$3.00; (H) JAZ drive--actual cost; (1) Other electronic media--actual cost; (J) VHS video cassette--$2.50; (K) Audio cassette--$1.00; (L) Oversize paper copy (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps and photographs using specialty paper--See also §70.9 of this title)--$.50; (M) Specialty paper (e.g.: Mylar, blueprint, blueline, map, photographic--actual cost.

(c) Labor charge for programming. If a particular request requires the services of a programmer in order to execute an existing program or to create a new program so that requested information may be accessed and copied, the governmental body may charge for the programmer's time.

(1) The hourly charge for a programmer is $28.50 an hour. Only programming services shall be charged at this hourly rate.

(2) Governmental bodies that do not have in-house programming capabilities shall comply with requests in accordance with §552.231 of the Texas Government Code.

(3) If the charge for providing a copy of public information includes costs of labor, a governmental body shall comply with the requirements of §552.261(b) of the Texas Government Code.

(d) Labor charge for locating, compiling, manipulating data, and reproducing public information.

(1) The charge for labor costs incurred in processing a request for public information is $15 an hour. The labor charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information.

or costs incurred in processing a request for public information is $15 an hour. The labor charge includes the actual time to locate, compile, manipulate data, and reproduce the requested information.

(2) A labor charge shall not be billed in connection with complying with requests that are for 50 or fewer pages of paper records, unless the documents to be copied are located in: (A) Two or more separate buildings that are not physically connected with each other; or (B) A remote storage facility.

(3) A labor charge shall not be recovered for any time spent by an attorney, legal assistant, or any other person who reviews the requested information: (A) To determine whether the governmental body will raise any exceptions to disclosure of the requested information under the Texas Government Code, Subchapter C, Chapter 552; or (B) To research or prepare a request for a ruling by the attorney general's office pursuant to §552.301 of the Texas Government Code.

(4) When confidential information pursuant to a mandatory exception of the Act is mixed with public information in the same page, a labor charge may be recovered for time spent to redact, blackout, or otherwise obscure confidential information in order to release the public information. A labor charge shall not be made for redacting confidential information for requests of 50 or fewer pages, unless the request also qualifies for a labor charge pursuant to Texas Government Code, §552.261(a)(1) or (2).

(5) If the charge for providing a copy of public information includes costs of labor, a governmental body shall comply with the requirements of Texas Government Code, Chapter 552, §552.261(b).

(6) For purposes of paragraph (2)(A) of this subsection, two buildings connected by a

labor, a governmental body shall comply with the requirements of Texas Government Code, Chapter 552, §552.261(b).

(6) For purposes of paragraph (2)(A) of this subsection, two buildings connected by a covered or open sidewalk, an elevated or underground passageway, or a similar facility, are not considered to be separate buildings.

(e) Overhead charge.

(1) Whenever any labor charge is applicable to a request, a governmental body may include in the charges direct and indirect costs, in addition to the specific labor charge. This overhead charge would cover such costs as depreciation of capital assets, rent, maintenance and repair, utilities, and administrative overhead. If a governmental body chooses to recover such costs, a charge shall be made in accordance with the methodology described in paragraph (3) of this subsection. Although an exact calculation of costs will vary, the use of a standard charge will avoid complication in calculating such costs and will provide uniformity for charges made statewide.

(2) An overhead charge shall not be made for requests for copies of 50 or fewer pages of standard paper records unless the request also qualifies for a labor charge pursuant to Texas Government Code, §552.261(a)(1) or (2).

(3) The overhead charge shall be computed at 20% of the charge made to cover any labor costs associated with a particular request. Example: if one hour of labor is used for a particular request, the formula would be as follows: Labor charge for locating, compiling, and reproducing, hour of labor charge for locating, compiling, and reproducing information ($15.00 per hour); and

ing, hour of labor charge for locating, compiling, and reproducing information ($15.00 per hour); and one hour of programming labor charge ($28.50 per hour), the combined overhead would be: (f) Microfiche and microfilm charge.

(1) If a governmental body already has information that exists on microfiche or microfilm and has copies available for sale or distribution, the charge for a copy must not exceed the cost of its reproduction. If no copies of the requested microfiche or microfilm are available and the information on the microfiche or microfilm can be released in its entirety, the governmental body should make a copy of the microfiche or microfilm. The charge for a copy shall not exceed the cost of its reproduction. The Texas State Library and Archives Commission has the capacity to reproduce microfiche and microfilm for governmental bodies. Governmental bodies that do not have in-house capability to reproduce microfiche or microfilm are encouraged to contact the Texas State Library before having the reproduction made commercially.

(2) If only a master copy of information in microfilm is maintained, the charge is $.10 per page for standard size paper copies, plus any applicable labor and overhead charge for more than 50 copies.

(g) Remote document retrieval charge.

(1) Due to limited on-site capacity of storage documents, it is frequently necessary to store information that is not in current use in remote storage locations. Every effort should be made by governmental bodies to store current records on-site. State agencies are encouraged to

ssary to store information that is not in current use in remote storage locations. Every effort should be made by governmental bodies to store current records on-site. State agencies are encouraged to store inactive or non-current records with the Texas State Library and Archives Commission. To the extent that the retrieval of documents results in a charge to comply with a request, it is permissible to recover costs of such services for requests that qualify for labor charges under current law.

(2) If a governmental body has a contract with a commercial records storage company, whereby the private company charges a fee to locate, retrieve, deliver, and return to storage the needed record(s), no additional labor charge shall be factored in for time spent locating documents at the storage location by the private company's personnel. If after delivery to the governmental body, the boxes must still be searched for records that are responsive to the request, a labor charge is allowed according to subsection (d)(1) of this section.

(h) Computer resource charge.

(1) The computer resource charge is a utilization charge for computers based on the amortized cost of acquisition, lease, operation, and maintenance of computer resources, which might include, but is not limited to, some or all of the following: central processing units (CPUs), servers, disk drives, local area networks (LANs), printers, tape drives, other peripheral devices, communications devices, software, and system utilities.

(2) These computer resource charges are not intended to substitute for cost recovery methodologies or charges made for purposes other than responding to public information requests.

(3) The charges in this subsection are averages based on a survey of governmental bodies

cost recovery methodologies or charges made for purposes other than responding to public information requests.

(3) The charges in this subsection are averages based on a survey of governmental bodies with a broad range of computer capabilities. Each governmental body using this cost recovery charge shall determine which category(ies) of computer system(s) used to fulfill the public information request most closely fits its existing system(s), and set its charge accordingly. Type of System--Rate: mainframe--$10 per CPU minute; Midsize--$1.50 per CPU minute; Client/Server-$2.20 per clock hour; PC or LAN--$1.00 per clock hour.

(4) The charge made to recover the computer utilization cost is the actual time the computer takes to execute a particular program times the applicable rate. The CPU charge is not meant to apply to programming or printing time; rather it is solely to recover costs associated with the actual time required by the computer to execute a program. This time, called CPU time, can be read directly from the CPU clock, and most frequently will be a matter of seconds. If programming is required to comply with a particular request, the appropriate charge that may be recovered for programming time is set forth in subsection (d) of this section. No charge should be made for computer print-out time. Example: If a mainframe computer is used, and the processing (5) A governmental body that does not have in-house computer capabilities shall comply with requests in accordance with the §552.231 of the Texas Government Code.

(i) Miscellaneous supplies. The actual cost of miscellaneous supplies, such as labels, boxes,

uter capabilities shall comply with requests in accordance with the §552.231 of the Texas Government Code.

(i) Miscellaneous supplies. The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, may be added to the total charge for public information.

(j) Postal and shipping charges. Governmental bodies may add any related postal or shipping expenses which are necessary to transmit the reproduced information to the requesting party.

(k) Sales tax. Pursuant to Office of the Comptroller of Public Accounts’ rules sales tax shall not be added on charges for public information (34 TAC, Part 1, Chapter 3, Subchapter O, §3.341 and §3.342), (I) Miscellaneous charges: A governmental body that accepts payment by credit card for copies of public information and that is charged a "transaction fee" by the credit card company may recover that fee.

(m) — These charges are subject to periodic reevaluation and update.

Source Note: The provisions of this §70.3 adopted to be effective September 18, 1996, 21 TexReg 8587; amended to be effective February 20, 1997, 22 TexReg 1625, amended to be effective December 3, 1997, 22 TexReg 11651; amended to be effective December 21, 1999, 24 TexReg 11255; amended to be effective January 16, 2003, 28 TexReg 439; amended to be effective February 11, 2004, 29 TexReg 1189; transferred effective September 1, 2005, as published in the Texas Register September 29, 2006, 31 TexReg 8251; amended to be effective February 22, 2007, 32 TexReg 614 NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR Bristol Pointe Tm vn i THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH:

Bristol Pointe Tm vn i THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled “Declaration of Covenants, Conditions and Restrictions” dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

By: / Ww OVA Duly saaease Si ent ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS §

ecuted by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

By: / Ww OVA Duly saaease Si ent ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared’ the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.

Ac day of SUBSCRIBED AND SWORN TO BEFORE ME on this Notary Public State of Texas My Commissign-Expi pee ree the tt CLONED, ; MARY HARVEY NOTARY PUBLIC } STATE OF TEXAS : MY COMM. EXP. 9-20-2015 } AFTER RECORDING RETURN TO: Principal Management Group Attn: Debbie Simpson 12700 Park Central Drive, Suite 600 Dallas, Texas 75251 EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

ASSESSMENT COLLECTION POLICY Bristol Pointe Homeowners Association, Inc. is a community (the "Community") created by and subject that Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 970030173, Page, Official Public Records of Collin County, Texas, as amended (the “Covenant”). The operation of the Community is vested in Bristol Pointe Homeowners Association, Inc. (the "Association"), acting through its board of directors (the "Board"). The Association is empowered to enforce the covenants, conditions and restrictions of the Covenant, the Bylaws and rules of the Association (collectively, the "Restrictions"), including the obligation of Owners to pay Assessments pursuant to the terms and provisions of the Covenant.

of the Covenant, the Bylaws and rules of the Association (collectively, the "Restrictions"), including the obligation of Owners to pay Assessments pursuant to the terms and provisions of the Covenant.

The Board hereby adopts this Assessment Collection Policy to establish equitable policies and procedures for the collection of Assessments levied pursuant to the Restrictions. Terms used in this policy, but not defined, shall have the meaning subscribed to such term in the Restrictions.

Section 1. DELINQUENCIES, LATE CHARGES & INTEREST 1-A. Due Date. An Owner will timely and fully pay Assessments. Regular Assessments are assessed annually and are due and payable on the first calendar day of the month at the beginning of the fiscal year, or in such other manner as the Board may designate in its sole and absolute discretion.

1-B. Delinquent. Any Assessment that is not fully paid when due is delinquent. When the account of an Owner becomes delinquent, it remains delinquent until paid in full — including collection costs, interest and late fees.

1-C. Late Fees & Interest, If the Association does not receive full payment of an Assessment by 5:00 p.m. after the late date established by the Board, the Association may levy a late fee per month and/or interest at the highest rate allowed by applicable usury laws then in effect or what is specified in the association governing documents on the amount of the Assessment from the late date therefore (or if there is no such highest rate, then at the rate of 1 and 1/2% per month) until paid in full.

1-D. Liability for Collection Costs. The defaulting Owner is liable to the Association for the cost of title reports, assessment liens, credit reports, certified mail, long distance calls, court costs, filing

bility for Collection Costs. The defaulting Owner is liable to the Association for the cost of title reports, assessment liens, credit reports, certified mail, long distance calls, court costs, filing fees, and other reasonable costs and attorney's fees incurred by the Association in collecting the delinquency.

1-E. Insufficient Funds. The Association or managing agent may levy a reasonable fee for any check returned to the Association marked "not sufficient funds" or the equivalent.

1-F. Waiver. Properly levied collection costs, late fees, and interest may only be waived by a majority of the Board.

Section 2. INSTALLMENTS & ACCELERATION If an Assessment, other than a Regular Assessment, is payable in installments, and if an Owner defaults in the payment of any installment, the Association may declare the entire Assessment in default and accelerate the due date on all remaining installments of the Assessment. An Assessment, other than a Regular Assessment, payable in installments may be accelerated only after the Association gives the Owner at least fifteen (15) days prior notice of the default and the Association's intent to accelerate the unpaid balance if the default is not timely cured. Following acceleration of the indebtedness, the Association has no duty to reinstate the installment program upon partial payment by the Owner.

Section 3. PAYMENTS 3-A. Application of Payments. After the Association notifies the Owner of a delinquency and the Owner's liability for late fees or interest, and collection costs, any payment received by the Association shall be applied in the following order, starting with the oldest charge in each category, until that category is fully paid, regardless of the amount of payment, notations on checks, and the date the obligations arose:

the following order, starting with the oldest charge in each category, until that category is fully paid, regardless of the amount of payment, notations on checks, and the date the obligations arose: (1) Delinquent assessments (4) Other attorney’s fees (2) Current assessments (5) Fines (3) Attorney fees and costs associated (6) Any other amount with delinquent assessments 3-B. Payment Plans. The Association shall offer a payment plan to a delinquent Owner with a minimum term of at least three (3) months and a maximum term of eighteen (18) months from the date the payment plan is requested for which the Owner may be charged reasonable administrative costs and interest. The Association will determine the actual terms of each payment plan offered to an Owner. An Owner is not entitled to a payment plan if the Owner has defaulted on a previous payment plan in the last two (2) years. If an Owner is in default at the time the Owner submits a payment, the Association is not required to follow the application of payments schedule set forth in Paragraph 3-A.

3-C. Notice of Payment. If the Association receives full payment of the delinquency after recording a notice of lien, the Association will cause a release of notice of lien to be publicly recorded. The Association may require the Owner to prepay the cost of preparing and recording the release.

3-F. Correction of Credit Report. If the Association receives full payment of the delinquency after reporting the defaulting Owner to a credit reporting service, the Association will report receipt of payment to the credit reporting service.

Section 4. LIABILITY FOR COLLECTION COSTS 4-A. Collection Costs. The defaulting Owner may be liable to the Association for the cost of title

report receipt of payment to the credit reporting service.

Section 4. LIABILITY FOR COLLECTION COSTS 4-A. Collection Costs. The defaulting Owner may be liable to the Association for the cost of title reports, credit reports, assessment lien, certified mail, long distance calls, filing fees, and other reasonable costs and attorney's fees incurred in the collection of the delinquency.

5-A.

5-B.

5-C.

5-D.

5-E.

5-F, 5-G, Section 5. COLLECTION PROCEDURES Delegation of Collection Procedures. From time to time, the Association may delegate some or all of the collection procedures, as the Board in its sole discretion deems appropriate, to the Association's managing agent, an attorney, or a debt collector.

Delinquency Notices. If the Association has not received full payment of an Assessment by the due date, the Association may send written notice of nonpayment to the defaulting Owner, by hand delivery, first class mail, and/or by certified mail, stating the amount delinquent. The Association's delinquency-related correspondence may state that if full payment is not timely received, the Association may pursue any or all of the Association's remedies, at the sole cost and expense of the defaulting Owner.

Verification of Owner Information. The Association may obtain a title report to determine the names of the Owners.

Notification of Credit Bureau. The Association may report the defaulting Owner to one or more credit reporting services.

Collection by Attorney. If the Owner's account remains delinquent, the Association may refer the delinquent account to the Association's attorney for collection. In the event an account is referred to the Association's attorney, the Owner will be liable to the Association for its legal fees and

e delinquent account to the Association's attorney for collection. In the event an account is referred to the Association's attorney, the Owner will be liable to the Association for its legal fees and expenses. Upon referral of a delinquent account to the Association's attorney, the Association's attorney will provide the following notices and take the following actions unless otherwise directed by the Board: (1) Initial Notice: Preparation of the Initial Notice of Demand for Payment Letter. If the account is not paid in full within 30 days (unless such notice has previously been provided by the Association , then (2) Lien Notice: Preparation of the Lien Notice of Demand for Payment Letter and record a Notice of Unpaid Assessment Lien (unless such notice has previously been provided by the Association). If the account is not paid in full within 30 days, then (3) Final Notice: Preparation of the Final Notice of Demand for Payment Letter and Intent to Foreclose and Notice of Intent to Foreclose. If the account is not paid in full within 30 days, then (4) Foreclosure of Lien: Only upon specific approval by a majority of the Board.

Notice of Lien. The Association's attorney may cause a notice of the Association's Assessment lien against the Owner's home to be publicly recorded. In that event, a copy of the notice will be sent to the defaulting Owner, and may also be sent to the Owner's mortgagee.

Cancellation of Debt. If the Board deems the debt to be uncollectible, the Board may elect to cancel the debt on the books of the Association, in which case the Association may report the full 6-C.

amount of the forgiven indebtedness to the Internal Revenue Service as income to the defaulting Owner.

the debt on the books of the Association, in which case the Association may report the full 6-C.

amount of the forgiven indebtedness to the Internal Revenue Service as income to the defaulting Owner.

Suspension of Use of Certain Facilities or Services. The Board may suspend the use of the Common Area amenities by an Owner, or his tenant, whose account with the Association is delinquent for at least thirty (30) days.

Section 6. GENERAL PROVISIONS Independent Judgment. Notwithstanding the contents of this detailed policy, the officers, directors, manager, and attorney of the Association may exercise their independent, collective, and respective judgment in applying this policy.

Other Rights. This policy is in addition to and does not detract from the rights of the Association to collect Assessments under the Association's Restrictions and the laws of the State of Texas.

Limitations of Interest. The Association, and its officers, directors, managers, and attorneys, intend to conform strictly to the applicable usury laws of the State of Texas. Notwithstanding anything to the contrary in the Restrictions or any other document or agreement executed or made in connection with this policy, the Association will not in any event be entitled to receive or collect, as interest, a sum greater than the maximum amount permitted by applicable law. If from any circumstances whatsoever, the Association ever receives, collects, or applies as interest a sum in excess of the maximum rate permitted by law, the excess amount will be applied to the reduction of unpaid Assessments, or reimbursed to the Owner if those Assessments are paid in full.

Notices. Unless the Restrictions, applicable law, or this policy provide otherwise, any notice or

the reduction of unpaid Assessments, or reimbursed to the Owner if those Assessments are paid in full.

Notices. Unless the Restrictions, applicable law, or this policy provide otherwise, any notice or other written communication given to an Owner pursuant to this policy will be deemed delivered to the Owner upon depositing same with the U.S. Postal Service, addressed to the Owner at the most recent address shown on the Association's records, or on personal delivery to the Owner. If the Association's records show that an Owner’s property is owned by two (2) or more persons, notice to one co-Owner is deemed notice to all co-Owners. Similarly, notice to one resident is deemed notice to all residents. Written communications to the Association, pursuant to this policy, will be deemed given on actual receipt by the Association's president, secretary, managing agent, or attorney.

Amendment of Policy. This policy may be amended from time to time by the Board.

Collections Policy Schedule. The Association collections policy schedule is attached.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

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STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS NOTICE OF DEDICATORY INSTRUMENT FOR Bristol Pointe Homeowners Association Inc. is made this 23rd of January 2012, by Bristol Pointe Homeowners Association Inc.

WITNESSETH: WHEREAS, Bristol Pointe Homeowners Association Inc. prepared and recorded an instrument entitled “Declaration of Covenants, Conditions and Restrictions” dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

aration of Covenants, Conditions and Restrictions” dated on or about April 18, 1997, Volume 97-0030173, Page, Real Records of Collin County, Texas, together with any other filings of records (if any).

WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the planned development covered by the Declaration, as stated and recorded above; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to record the attached dedicatory instrument in the real property records of Collin County, Texas, pursuant to and accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is true and correct copies of the originals and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Bristol Pointe Homeowners Association Inc.

STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Duly Authorized Agent of Bristol Pointe Homeowners Association Inc., kifown to me to be the person <5 name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.

SUBSCRIBED AND SWORN TO BEFORE ME on thigs>2—

regoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.

SUBSCRIBED AND SWORN TO BEFORE ME on thigs>2— Notary Public State of Texas My Commission Expires ae AFTER RECORDING RETURN TO: MARY HARVEY Principal Management Group Attn: Debbie Simpson : NOTARY PUBLIC 12700 Park Central Drive, Suite 600 STATE OF TEXAS Dallas, Texas 75251 ; MY COMM. EXP. 9-20-2015 § EXHIBIT A BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

EMAIL REGISTRATION POLICY Bristol Pointe Homeowners Association, Inc. is a community (the "Community") created by and subject that certain Declaration of Covenants, Conditions and Restrictions, recorded under Volume No. 97-0030173, Page, Official Public Records of Collin County, Texas, as amended (the “Covenant”). The operation of the Community is vested in Bristol Pointe Homeowners Association, Inc. (the "Association"), acting through its board of directors (the "Board"). The Association is empowered to adopt reasonable policies for the operation of the Association, including a policy for the registration of member email addresses.

The Board hereby adopts this Email Registration Policy to establish a means by which members of the Association might register and maintain their email addresses for the purpose of receiving certain required communications from the Association.

(1) Community Website. Should the Association maintain a community website capable of allowing members to register and maintain an email address with the Association then the member is responsible for registering and updating whenever necessary such email address so that the member can receive email notification of certain required communications from the Association.

the member is responsible for registering and updating whenever necessary such email address so that the member can receive email notification of certain required communications from the Association.

(2) Official Email Registration Form. Should the Association not maintain a community website as described in (1) above then the Association shall provide each member with an Official Email Registration Form so that the member might provide to the Association an email address for the purpose of receiving email notification of certain required communications from the Association. It shall be the member’s responsibility to complete and submit the form to the Association, as well as updating the Association with changes to their email address whenever necessary.

BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

Duly Authorized Officer/Agent Printed Name BRISTOL POINTE ESTATES HOMEOWNERS ASSOCIATION VIOLATION FINING POLICY On May 4, 2005, the Board of Directors of the Bristol Pointe Estates Homeowners Association (BPHOA) adopted the following Fining Policy for the enforcement of the Association’s Governing Documents. These include the CC&R’s, By-Laws, Rules & Regulations, and BPHOA Architectural Control Guidelines.

1. Violation Notice (Warning): Homeowners will be notified when a violation occurs and will be given a time period in which to correct the violation. Violation(s) which present hazards for residents or are damaging property (ies) will require immediate correction and any costs for same will be assessed to the owner’s account.

2. Assessment of Fine (Hearing Notice): If after the specific time period given the violation continues, the homeowner will be notified that a fine will be levied against his/her property. At

account.

2. Assessment of Fine (Hearing Notice): If after the specific time period given the violation continues, the homeowner will be notified that a fine will be levied against his/her property. At the same time, the homeowner will be given an option to either appear before the Board of Directors at its next Board meeting to appeal the fine, or submit an appeal in writing seven (7) days prior to the next Board meeting. Failure to appear at the hearing will result in the automatic assessmeni of the fine. ; 3. “Violation Assessment”: Violation(s) that result in automatic assessment will result in any costs to be assessed to the owner's account as a “Violations Assessment” fine. Interest may be charged to the owner’s account depending on the violation for each 30 days period the “Violation Assessment” fine remains unpaid. Non-payment of this type of assessment and its related interest fees may result in a lien being placed on the property.

4. “Damage Assessment”: Violation(s) that result in property damage or cause the Association to incur cleanup costs will result in a “Damage Assessment” fine to the homeowner's account.

Interest will be charged to the owner’s account for any “Damage Assessment” fine for each 30 days period the violation fine remains unpaid. Non-payment of this type of assessment and its related interest fees may result in a lien being placed on the property.

FINE SCHEDULE 1st Fine: An owner will receive a fine of $50.00 and 3-30 days (depending on violation) to comply, if compliance is not met then: 2"¢ Fine: An owner will receive an additional fine of $75.00 and 3-30 days (depending on violation) to comply, if compliance is not met then; 34 Fine: An owner will receive another additional fine of $100.00 and 3-30 days

ll receive an additional fine of $75.00 and 3-30 days (depending on violation) to comply, if compliance is not met then; 34 Fine: An owner will receive another additional fine of $100.00 and 3-30 days (depending on violation) to comply, if compliance is not met, the owner will receive an additional $100.00 fine automatically every 30 days until compliance is met.

All of these fines will be collected by Principal Management, Inc., just as the association dues.

If you have any questions or comments about this website, contact the _ http://ww?2.bristolpointeestates.org:8008/BPHOA-Fining-Policy.htm 7/5/2006 UNOFFICIAL UNOFFICIAL UNOFFICIAL UNOFFICIAL CERTIFICATE FOR RECORDATION OF DEDICATORY INSTRUMENT OF BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § WHEREAS, Section 202.006 of the Texas Property Code requires that “A property owners’ association shall file its dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relates is located.”; and WHEREAS, Bristol Pointe Homeowners Association, Inc., a Texas nonprofit corporation (the “Association”) desires to comply with Section 202.006 by filing of record in the real property records of Collin County, Texas, the attached instrument; and WHEREAS, the attached instrument constitutes a “dedicatory instrument” as defined by Section 202.001 of the Texas Property Code; and WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Bristol Pointe Homeowners Association, Inc., Executed by Bristol Pointe, LTD., a Texas limited partnership, as Declarant, was recorded at Instrument #97-0030173 in the Real Property Records of Collin County,

Pointe Homeowners Association, Inc., Executed by Bristol Pointe, LTD., a Texas limited partnership, as Declarant, was recorded at Instrument #97-0030173 in the Real Property Records of Collin County, Texas, including any amendments thereof, additions, annexations and supplements thereto and entitled “Declaration of Covenants, Conditions, and Restrictions for Bristol Pointe, LTD.” (the “Declaration”) subjected to the scheme of development therein certain land located in Collin County, Texas; NOW THEREFORE, the undersigned authorized representative of the Association hereby executes this Certificate to effect the recording of the dedicatory instrumentt attached hereto on behalf of the Association.

[signature page follows] Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 1 yn EXECUTED this Ly ay of June, 2017 Bristol Pointe Homeowners Association, Inc., A Texas non-profit By: Victor Rupe President of the Board of Directors, Bristol Pointe Homeowners Association, Inc.

STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the 24 iday of June, 2017, by Victor Rupert, authorized representative of Bristol Pointe Homeowners Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.

Ri somites, CASEY PAUL MEYERS eee a « %, ‘% ~ \) iw Notary Ip 125624332 Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy ne Notary Public, State of Texas FN Sos ies iG Comm, Expires 03-1) 7-2018 a cya?

Notary Public in and for the State of Texas After Recording, Return to: Manning & Meyers, Attorneys at Law 4340 N. Central Expressway, Sulte 200 Dallas, TX 75206 Page 2 Covenant Enforcement and Fining Policy Bristol Pointe Homeowners Association, Inc.

STATE OF TEXAS

n to: Manning & Meyers, Attorneys at Law 4340 N. Central Expressway, Sulte 200 Dallas, TX 75206 Page 2 Covenant Enforcement and Fining Policy Bristol Pointe Homeowners Association, Inc.

STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: mm mM COUNTY OF COLLIN We, the undersigned, being the directors of the Bristol Pointe Homeowners Association, Inc., a Texas non-profit Association (the “Association”), pursuant to Section 202 and Section 209 of the Texas Property Code, do, by unanimous consent, take the following corporate action and adopt the following resolutions, which corporate action and resolutions shall have the same force and effect as a unanimous vote of all the directors of the Association at a duly called meeting of the Board of Directors of said Association: WHEREAS, the Board of Directors of Bristol Pointe Homeowners Association, Inc. (the “Association”) finds there is a need to establish orderly procedures for the enforcement of the restrictive covenants set forth in the Declaration of Covenants, Conditions and Restrictions and the Bylaws for Bristol Pointe Homeowners Association, Inc., recorded in the Real Property Records of Collin County, Texas, as same has been amended (the “Declaration”), and the Bylaws of the Association, and the Rules and Regulations of the Association for the levying of fines against violating owners.

NOW, THEREFORE, IT 1S RESOLVED that the following procedures and practices are established for the enforcement of the restrictive covenants of the Declaration and for the elimination of violations of such provisions found to exist in, on and about Properties within Bristol Pointe Homeowners Association, Inc. and the same are to be known as the "Covenant Enforcement and Fining Policy" (herein

ns of such provisions found to exist in, on and about Properties within Bristol Pointe Homeowners Association, Inc. and the same are to be known as the "Covenant Enforcement and Fining Policy" (herein referred to as the "Enforcement Policy") of the Association in the discharge of its responsibilities for determination and enforcement of remedies for violations within Bristol Pointe Homeowners Association, Inc.. All other fining policies of the Association are hereby revoked in full and shall be replaced by this policy.

1, Establishment of Violations. Any condition, use, activity or improvement which does not comply with the provisions of the Declaration, Bylaws or rules and regulations of the Association, shall constitute a "Violation" under this Policy for all purposes.

2. Report of Violation. The existence of a Violation will be reported to and/or recorded by a field observation conducted by the Board or its delegate. For the purpose of this Enforcement Policy, the delegate of the Board may include a Property Manager employed by the Association’s Management Company, an officer of the Board, or a member of any committee established by the Board for this Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 3 purpose. A timely written report shall be prepared by the Board for each Violation which will include the following information: a. Identification of the nature and description of the Violation(s); b. Identification by street address and legal description, if available, of the Property on which the Violation exists; C Date of the Violation observation; and d. Name of the person reporting observations to the Board.

Within five (5) business days of receipt of the field observation report, the Board or its delegate

C Date of the Violation observation; and d. Name of the person reporting observations to the Board.

Within five (5) business days of receipt of the field observation report, the Board or its delegate may forward to the Owner of the Property in question written notice via personal delivery, regular firstclass mail or via postcard of the discovery of the Violation(s) {the “Courtesy Notice”). The Owner will have at least ten (10) days from the date of the Courtesy Notice to correct or eliminate the Violation(s) without incurring any sanctions or fines. The Board or its delegate may, at their own discretion, in lieu of this notice, proceed immediately to the notice set forth in Paragraph 3 below. The initial schedule of violations is attached hereto as “Exhibit A.”

3. Notice of Violation. !f the Violation is not corrected or eliminated within the time period specified in the Courtesy Notice, or if the Board or its delegate deem it appropriate to proceed without the Courtesy Notice, the Association shall forward to the Owner of the Property in question written notice of the Violations(s) by certified mail, return receipt requested (the “Notice of Violation”). The Notice of Violation, if required, shall state the following: a. The nature, description and location of the Violation, including any property damage caused by the Owner; b. The authority for establishing the Violation, including the authority for recovering property damages caused by the Owner; c. The proposed sanction to be imposed, including the amount of any fine or the amount claimed to be due from the owner for the property damage; d. If the Violation is corrected or eliminated within a reasonable time after the Owner's receipt of the Notice of Violation that a fine will not be assessed;

e from the owner for the property damage; d. If the Violation is corrected or eliminated within a reasonable time after the Owner's receipt of the Notice of Violation that a fine will not be assessed; e. The recipient may, on or before thirty (30) days from the receipt of the Notice of Violation, deliver to the Association a written request for a hearing; f. The recipient may have special rights or relief related to the enforcement action under federal law, including the Service Members Civil Relief Act (50 U.S.C app.

Section 501 et seq.), if the Owner is serving on active military duty; g. If the Violation is not corrected or eliminated within the time period specified in the Notice of Violation, or if a written request for a hearing is not made on or Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 4 before thirty (30) days from the receipt of the Notice of Violation, that the sanctions delineated in the Notice of Violation may be imposed and that any attorney's fees and cost will be charged to the Owner; h. If a hearing is timely requested and is held before a delegate of the Board, that the Owner may appeal the decision of the delegate to the Board; and i. A Notice of Violation is not required if the Owner was sent a Notice of Violation relating to a similar Violation within six (6) months of the current Violation and was given reasonable opportunity to cure the prior Violation or if the violation is of an uncurable nature. In such event, the Board may impose sanctions as authorized by the Declaration and /or this Enforcement Policy without notice to the Owner other than the Final Notice of Violation described in Paragraph 4 below.

4. Final Notice of Violation. If the Violation is not corrected or eliminated within the time

olicy without notice to the Owner other than the Final Notice of Violation described in Paragraph 4 below.

4. Final Notice of Violation. If the Violation is not corrected or eliminated within the time period specified in the Notice of Violation and the Owner has not requested a hearing, the Association may, at its own discretion, forward to the Owner of the Property in question a final notice of the Violation and the sanction to be imposed, including the amount of any fine or the amount of any property damage (the “Final Notice of Violation”). The Final Notice of Violation may be sent by the Association to the Owner by regular first-class mail or by certified mail, return receipt requested. If the violation is of an uncurable nature then the board may immediately proceed to the Final Notice of Violation.

5. Request for a Hearing. If the Owner challenges the proposed action delineated in the Notice of Violation (or the Final Notice of Violation if a Notice of Violation was not issued) by timely requesting a hearing, the hearing shall be held in executive session of the Board, a committee comprised of members of the Board, or a delegate of the Board no later than the 30" day after the date the Board receives the Owner’s request for a hearing. Notice of the hearing shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, agent or delegate who delivered such notice. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanctions, if any, imposed by the Board or its delegate. The Association shall notify the Owner in

e. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanctions, if any, imposed by the Board or its delegate. The Association shall notify the Owner in writing of its action within ten (10) business days after the hearing. The Board may, but shall not be obligated to, suspend any proposed sanction if the Violation is cured within the ten business day period.

Such suspension shall not constitute a waiver of the right to sanction future violation of the same or other provisions and rules by any Owner.

6. Appeal. Following a hearing before a committee of the Board or delegate of the board, the Owner shall have the right to appeal the decision made by the Board’s appointed committee or delegate to the Board. To perfect this right, a written notice of appeal must be received by the manager, president or secretary of the Association within ten (10) days after the date of the Association’s written notice to the Owner of the results of the hearing. Any hearing before the entire Board shall be held in the same manner as provided in Paragraph S.

7. Correction of Violation. Where the Owner corrects or eliminates the Violation(s) prior to the imposition of any sanction, no further action will be taken by the Association (except for Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 5 collection of any monies for which the Property Owner may become liable under this Enforcement Policy and/or the Declaration). Written notice of correction or elimination of the Violation may be obtained from the Board upon request for such notice by the Owner and upon payment of a fee for same, the amount of which is set by the Board.

8. Corrective Action. Notwithstanding any other provision contained herein to the

upon request for such notice by the Owner and upon payment of a fee for same, the amount of which is set by the Board.

8. Corrective Action. Notwithstanding any other provision contained herein to the contrary, where a Violation is determined or deemed determined to exist, the Board may undertake to cause the Violation to be corrected, removed or otherwise abated if the Board, in its reasonable judgment, determines the Violation may be readily corrected, removed or abated without undue expense and without breach of the peace. Where the Board decides to initiate any such action, the following will apply: a. The Board must give the Owner and any third party that is known to the Association to be directly affected by the proposed action prior written notice of the undertaking of the action; b. - Any and all costs incurred in correcting or eliminating the Violation shall be the responsibility of the Owner causing such Violation and shall be referred to the Association to be recovered from the Owner; and C. The Owner shall be liable to the Association and its agents and contractors or any third party for trespass or any damage or cost alleged to arise by virtue of action taken under this Paragraph 8.

9. Referral to Legal Counsel. Where a Violation is determined or deemed determined to exist and where the Board deems it to be in the best interests of the Association to refer the Violation to legal counsel for appropriate action, the Board may do so at any time. Such legal action may include, without limitation, sending demand letters to the violating Owner and/or seeking injunctive relief against the Owner to correct or otherwise abate the Violation. Attorney's fees and all costs incurred by

hout limitation, sending demand letters to the violating Owner and/or seeking injunctive relief against the Owner to correct or otherwise abate the Violation. Attorney's fees and all costs incurred by the Association in enforcing the Declaration and administering this Enforcement Policy shall become the personal obligation of the Owner.

10. Fines. Subject to the provisions of the Enforcement Policy and/or the Declaration, the imposition of fines will be on the following basis: a. Fines will be based on an amount that is reasonably related to the nature of the Violation. The Board shall have final discretion in determining the appropriate fine for the Violation in question. The Board may adopt and amend, from time to time, a schedule of fines applicable to Violations within the Association which may include a progression of fines for repeat offenders. The initial schedule of fines is attached hereto as Exhibit "B"; b. Imposition of fines will be in addition to and not exclusive of any other rights, remedies and recoveries of the Association as created by the Declaration or this Enforcement policy; and Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 6 c. Fines are imposed against Properties and become the personal obligation of the Owners of such Properties. Upon presentation of outstanding fines to the Board for action, the same will be levied against the respective Properties and their Owners as an individual assessment under the Declaration.

11. Notices. Unless otherwise provided in the Enforcement Policy, all notices required by this Enforcement Policy shall be in writing and shall be deemed to have been duly given if delivered personally and/or if sent by the United States Mail, first-class postage prepaid, to the Owner at the

is Enforcement Policy shall be in writing and shall be deemed to have been duly given if delivered personally and/or if sent by the United States Mail, first-class postage prepaid, to the Owner at the address which the Owner has designated in writing to Association or, if no such address has been designated, to the address of the Property of the Owner, a. Where the Board has actual knowledge that an enforcement action would directly affect a third party (e.g. a tenant or a neighbor) or involves a Violation by a party other than the Owner, notices required under this Enforcement Policy may, but shall not be required, to be given to such third party in addition to the Owner; b. Where the interests of an Owner in a Property have been handled by a representative or agent of such Owner or where an Owner has otherwise acted so as to put the Association on notice that its interests in a Property have been and are being handled by a representative or agent, any notice or communication from the Association pursuant to this Enforcement Policy will be deemed full and effective for all purposes if given to such representative or agent; and c. Where an Owner transfers record title to a Property at any time during the pendency of any procedure prescribed by this Enforcement Policy, such Owner shall remain personally liable for all costs and fines under this Enforcement Policy. As soon as practical after receipt by the Association of a notice of a change in the record title to a Property which is the subject of enforcement proceedings under this Enforcement Policy, the Board may begin enforcement proceedings against the new Owner in accordance with this Enforcement Policy which are the result of the new Owner's failure and/or refusal to correct or

cement Policy, the Board may begin enforcement proceedings against the new Owner in accordance with this Enforcement Policy which are the result of the new Owner's failure and/or refusal to correct or eliminate the Violation in the time and manner specified under this Enforcement Policy.

12. Cure of Violation During Enforcement. An Owner may correct or eliminate a Violation at any time during the pendency of any procedure prescribed by this Enforcement Policy. The Owner will remain liable for all costs and fines under this Enforcement Policy, which costs and fines, if not paid upon demand for by Management, will be referred to the Board of Directors of the Association for collection.

13. Definitions. The definitions contained in the Declaration and Bylaws are hereby incorporated herein by reference.

Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 7 IT IS FURTHER RESOLVED that this Covenant Enforcement and Fining Policy is effective upon adoption hereof, to remain in force and effect until revoked, modified or amended.

This is to certify that the foregoing resolution was adopted by the Board of Directors at a meeting of the same on June 24 2017, and has not been modified, rescinded or revoked.

[rest of page empty- signature page follows] Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 8 EXECUTED this)! day of June, 2017 President of the Board 6f Directors, Bristol Pointe Homeowners Association, Inc.

STATE OF TEXAS § COUNTY OF COLLIN This instrument was acknowledged before me on the2/ day of June, 2017, by Victor Rupert, authorized representative of Bristol Pointe Homeowners Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.

Coe Merex

efore me on the2/ day of June, 2017, by Victor Rupert, authorized representative of Bristol Pointe Homeowners Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.

Coe Merex Notary Public in and for the State of Texas After Recording, Return to: Manning & Meyers, Attorneys at Law 4340 N. Central Expressway, Suite 200 Dallas, TX 75206 VUetitay 9 Pyle, CASEY PAUL MEYERS ‘e 6% Notary Public, State of Texas . es ae wae Comm. Expires 03-17-2018 rats Notary ID 125624332 an sa?

7 Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 9 Exhibit A- Violations Construction, installation, erection or placement of exterior improvements regulated by the Governing Documents without prior approval of the Architectural Control Committee.

Failure to erect, construct, place or install an improvement in accordance with provisions approved by and in file with the Architectural Control Committee.

Boats, Trailers, or Recreational Vehicles parked or stored on a lot but not concealed from view from adjoining Lots, Common Properties and all public streets.

Installation above ground swimming pools.

Violation of city ordinances such as noise and animal control ordinances that constitute a nuisance to the community.

Pool Equipment not screened by shrubbery or visible from public street.

Failure to maintain masonry retaining walls.

Failure to maintain temporary sports equipment Failure to store temporary sports equipment.

Installation of signs, flags, flag poles, rain barrels or billboards not approved by the Architectural Control Committee.

Failure to maintain wood, wrought iron or ornamental fences.

Failure to maintain masonry or brickwork around tree wells and flower beds

billboards not approved by the Architectural Control Committee.

Failure to maintain wood, wrought iron or ornamental fences.

Failure to maintain masonry or brickwork around tree wells and flower beds Failure to obtain prior Architectural Contro! approval of all exterior paint color changes or stain color changes.

Failure to mow lawn; edge curbs, driveways, and walkways; and/or keep garden areas free of weeds and dead plant life. Failure to trim grass around fences, houses, mailboxes, etc.

Failure to maintain sprinkler system located on Owner's Lot Continued, long-term use of temporary internal window coverings exposed to public view.

Failure to maintain wood, brick, and trim of home exterior.

Failure to maintain entrance doors or garage doors.

ne” Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 10 Exhibit B- Schedule of Fines 1* Fine: An owner will receive a fine of $50.00 and 30 days to comply. If compliance is not met within 30 days, a 2" Fine will be assessed.

2™ Fine: — Anowner will receive a fine of $75.00 and 30 days to comply. If compliance is not met within 30 days from the assessing of the 2™ fine, a 3 Fine will be assessed.

3" Fine: An owner will receive a fine of $100.00 and 30 days to comply. If compliance is not met within 30 days of assessing of the 3 fine, a 4" fine will be assessed of $100.00. The owner will receive an additional $100.00 fine automatically every 30 days until compliance is met.

Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 06/28/2017 02:02:28 PM $66.00 CJAMAL 20170628000846000 Pipkin Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 11 CERTIFICATE FOR

28 PM $66.00 CJAMAL 20170628000846000 Pipkin Bristol Pointe Homeowners Association, Inc.

Covenant Enforcement and Fining Policy Page 11 CERTIFICATE FOR RECORDATION OF DEDICATORY INSTRUMENT OF BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: uin un tin COUNTY OF COLLIN WHEREAS, Section 202.006 of the Texas Property Code requires that “A property owners’ association shall file its dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relates is located.”; and WHEREAS, Bristol Pointe Homeowners Association, Inc., a Texas nonprofit corporation (the “Association”) desires to comply with Section 202.006 by filing of record in the real property records of Collin County, Texas, the attached instrument; and WHEREAS, the attached instrument constitutes a “dedicatory instrument” as defined by Section 202.001 of the Texas Property Code; and WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Bristol Pointe Homeowners Association, Inc., Executed by Bristol Pointe, LTD., a Texas limited partnership, as Declarant, and recorded on or about April 18, 1997 at Instrument #97-0030173 in the Real Property Records of Collin County, Texas, including any amendments thereof, additions, annexations and supplements thereto and entitled Declaration of Covenants, Conditions and Restrictions for Bristo!

Pointe, LTD. (the “Declaration”) subjected to the scheme of development therein certain property located in Collin County, Texas known as Bristol Pointe Homeowners Association, Inc.; NOW THEREFORE, the undersigned authorized representative of the Association hereby

opment therein certain property located in Collin County, Texas known as Bristol Pointe Homeowners Association, Inc.; NOW THEREFORE, the undersigned authorized representative of the Association hereby executes this Certificate to effect the recording of the dedicatory instrument attached hereto on behalf of the Association.

[signature page follows] RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC., EFFECTIVE- JULY 1, 2018 Page i EXECUTED this i8th day of June, 2018 Bristol Pointe Homeowners Association, Inc., A Texas non-profit corporation oo By: ; Victor Rupert, Board Member, Bristol Pointe Homeowners Association, Inc., STATE OF TEXAS § COUNTY OF COLLIN This instrument was acknowledged before me on the 18th day of June, 2018, by Victor Rupert, authorized representative of Bristol Pointe Homeowners Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.

Notary Publ€in and for the State of Texas ROBYN A. GSCHWEND My Notary ID # 128858039 Expiras January 23, 2020 After Recording, Return to: Manning & Meyers, Attorneys at Law 4340 N. Central Expressway, Suite 200 Dallas, TX 75206 RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC, EFFECTIVE- JULY 1, 2018 Page 2 RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

Effective July 1, 2018 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § The Rules and Regulations Governing Rental Properties of Bristol Pointe Homeowners Association, Inc. (the "Rules and Regulations Governing Leasing and Rental Properties") are made effective the 1*t day of July, 2018, by Bristol Pointe Homeowners Association, Inc. (the “Association"),

ssociation, Inc. (the "Rules and Regulations Governing Leasing and Rental Properties") are made effective the 1*t day of July, 2018, by Bristol Pointe Homeowners Association, Inc. (the “Association"), WITNESSETH: WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Bristol Pointe Homeowners Association, Inc., Executed by Bristol Pointe, LTD., a Texas limited partnership, as Declarant, and recorded on or about April 18, 1997 at Instrument #97-0030173 in the Real Property Records of Collin County, Texas, including any amendments thereof, additions, annexations and supplements thereto and entitled Declaration of Covenants, Conditions and Restrictions for Bristol Pointe, LTD. (the “Declaration”) subjected to the scheme of development therein that certain land located in Collin County, Texas and described in the Declaration; WHEREAS, the Byiaws for Bristol Pointe Homeowners Association, inc., Executed by Nelda McCroskey, on or about April 22, 1997 and recorded on or about December 15, 2015 at Document Number 20151215001557370 in the Real Property Records of Collin County, Texas, including any amendments thereof and supplements thereto and entitled Bylaws of Bristo!

Pointe Homeowners Association, Inc. {the “Bylaws”) subjected to the scheme of development therein that certain land located in Collin County, Texas and described in the Declaration; WHEREAS, Pursuant to Article IV, Section 4.01 of the Bylaws of the Association, the business and affairs of the Association shall be managed by its Board of Directors, which may exercise all powers of the association and do all lawful acts and things as are not by statute, the Declaration, the Articles of Incorporation or by the Bylaws directed or required to be exercised by the members.

powers of the association and do all lawful acts and things as are not by statute, the Declaration, the Articles of Incorporation or by the Bylaws directed or required to be exercised by the members.

WHEREAS, Pursuant to Article IV, Section 4.22 of the Bylaws of the Association, the Board of Directors shall be responsible for the affairs of the Association and shall have all the powers and duties necessary for the administration of the Association’s affairs and, as provided by law, may do all acts and things as are not by the Declaration, Articles or the Bylaws directed to be done and exercised exclusively by the members.

WHEREAS, Pursuant to Article IV, Section 4.22(f} of the Bylaws of the Association, the Board of Directors shall have to power to and be responsible for making and amending rules and regulations.

EG ES a ES eS SEE TS RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC, EFFECTIVE- JULY 1, 2018 Page 3 WHEREAS, Pursuant to Article IV, Section 4.22(i} of the Bylaws of the Association, the Board of Directors shall have to power to and be responsible for enforcing by legal means the provisions of the Declaration, the Bylaws, and the rules and regulations adopted by it and bringing any proceedings which may be instituted on behalf of or against the owners concerning the Association.

WHEREAS, Pursuant to Article lll, Section 2(e) of the Declaration of the Association, the Board of Directors shall have to power to make reasonable rules and regulations for the operation of the Common Maintenance Areas and to amend them from time to time.

WHEREAS, Pursuant to Article Ill, Section 2(h} of the Declaration of the Association, the

e rules and regulations for the operation of the Common Maintenance Areas and to amend them from time to time.

WHEREAS, Pursuant to Article Ill, Section 2(h} of the Declaration of the Association, the Board of Directors shall have to power to enforce the provisions of any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules.

WHEREAS, a duly called meeting of the Board of Directors of the Association took place on June 14,2018. At said board meeting the Board voted upon and passed the following Rules and Regulations Governing Leasing and Rental Properties.

RESOLVED: — that, pursuant to the Texas Property Code and that certain Declaration for Bristol Pointe Homeowners Association, Inc. which was filed of record on or about April 18, 1997 under Collin County Clerk’s Instrument #97-0030173 in the Land Records of Collin County, Texas (the “Declaration”), and any amendments thereto, and the Bylaws of the Association, the Board of Directors of the Association hereby adopt the following Rules and Regulations Governing Rental Properties which shall read as follows: NOW, THEREFORE, the Rules and Regulations Governing Leasing and Rental Properties of the Association are hereby created and shall read as follows: 1.1- Definitions: a. Association- “Association” means the Bristol Pointe Homeowners Association, Inc.

b. Dedicatery Instruments- “Dedicatory Instruments” means each governing instrument covering the establishment, maintenance, and operation of the Association. This term includes the Declaration, Bylaws, Policies, and Rules and Regulations of the Association and all anendments thereto.

c. Homeowners- “Homeowners” means the same as Owner or Owners under these Rules and the Dedicatory Instruments of the Association.

Rules and Regulations of the Association and all anendments thereto.

c. Homeowners- “Homeowners” means the same as Owner or Owners under these Rules and the Dedicatory Instruments of the Association.

d. Landlord- “Landlord” means the owner of the Property, even if that owner has a management company that is in charge of leasing the Property.

e. Lease- A “lease” includes any written or oral agreement between a landlord and a tenant that establishes or modifies the terms, conditions or other provisions regarding the use and occupancy of the Property. This includes “lease for purchase” and “contract for deed” agreements.

f. Leasing- “Leasing” is defined as the regular, exclusive occupancy of the residence on the Property by any person other than the Owner for which the Owner, or any designee of the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity oremolument. If the Property is owned by a trust and the beneficiary RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC., EFFECTIVE- JULY 1, 2018 Page 4 > of the trust is living in the Property, that Property shall be considered Owner-occupied rather than leased.

Lessee- “Lessee” shall be considered the same as Tenant for purposes of these Rules.

Lease to Purchase Agreements & Contracts for Deeds- Shall be considered the same as Leasing for purposes of these Rules.

Renting- “Renting” shall be considered the same as Leasing for purposes of these Rules.

Tenant- “Tenant” means the person(s} authorized by the lease to occupy the residence, which would include the named lessee(s). There may be more tenants than lessees for a Property unless the context indicates otherwise.

1.2- Leasing Approved within the Association: a.

y the residence, which would include the named lessee(s). There may be more tenants than lessees for a Property unless the context indicates otherwise.

1.2- Leasing Approved within the Association: a.

Owners may lease their property within Bristol Pointe Homeowners Association, Inc.

(the “Association”).

1.3- Lease Submission: a.

Homeowners leasing their property must submit a copy of the lease and a copy of the Association Rental Form to the Association within ten days of execution of the lease. The Association Rental Form must include: o The name and date of birth of every adult occupant of the property; o Phone number and email address of adult tenants and occupants of the property; and o Criminal Background Check for each adult occupant of the Property to be leased.

© $100.00 rental fee to payable to the Association.

All leases must be in writing. No oral or non-written leases are acceptable. All leases must explicitly state that each lease is subject to the terms of the Dedicatory Instruments of the Association.

Landlords must certify the following in each Association Rental Form: o The tenant and all occupants have not been convicted of a violent crime felony or assault & battery misdemeanor; and 9 The tenant and ail occupants do not appear on the Federal or any State Sex Offender Registry.

Homeowners currently leasing their property at the time these rules and regulations go into effect must abide by all requirements under Section 1.3a of these Rules.

Owners who do not reside at Bristol Pointe Homeowners Association, Inc., Inc. are required to provide their current address, email address and phone number to the Association. No PO Boxes shall be allowed, only physical addresses.

Any and all subleases will be treated as new leases submitted to the Association.

ent address, email address and phone number to the Association. No PO Boxes shall be allowed, only physical addresses.

Any and all subleases will be treated as new leases submitted to the Association.

Should the Association discover any missing information from the Association Rental Form, the Owner of the property shall be notified and shall have 30 days to supplement the Association Rental Form. Should the Association discover that a tenant or occupant violates Section1.9 of this Policy, then the Owner shall be deemed to be in violation of this rule.

Landlords must submit a new Rental Form and fee every 3 years, or if a new tenant occupies the property, whichever is sooner.

Any Owner that violates this rule shall be fined $250.00 per month.

RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC., EPFECTIVE- JULY 1, 2018 Page 5 1.4— Maximum Number of Rental Properties: a. No more than 27% of the properties within the Association may be leased or be rental properties.

b, Any Owner that rents their property without Association approval causing the Association to have greater than 27% rental capacity shall incur a fine of $500.00 per month.

c. In the case of an owner who has occupied his property for at least a year, the Owner may submit a Hardship Petition to the Association when a condition has caused the need to rent the property. A Hardship Petition is only necessary when the total properties rented in the subdivision exceed 27% of all properties in violation of Section 1.4a of these Rules and Regulations Governing Leasing and Rental Properties.

d. Should an Owner wish to rent their property, but doing so would violate Section 1.4a of these Rules, then that Owner may elect to have their name placed on a waiting list

ing and Rental Properties.

d. Should an Owner wish to rent their property, but doing so would violate Section 1.4a of these Rules, then that Owner may elect to have their name placed on a waiting list maintained by the Association. Owners on the waiting list shall maintain priority when currently leased properties lease expires and is not renewed by the Owner, is terminated in accordance with these Rules and Regulations, or if a current lease expires and the property is not re-leased within six (6) months of the property becoming vacant.

1.5- Qualification of Tenant: a. All Tenants are required to meet all qualifications as contained in these rules and regulations. A Landlord may not rent to a tenant if that tenant has not satisfied all qualifications in these rules and regulations and has not provided evidence of such qualifications to the Association.

b. Any Owner that violates this rule shall be fined $250.00 per month.

1.6- Occupancy Restrictions: a. Subject to any exception under State, Local or Federal Law, the Maximum number of persons that may occupy a property is 8. Should an owner wish to have more than 8 persons occupy a property then they may apply for a variance or hardship petition to the Board of Directors.

b. No person under the age of 18 years of age may reside in a home unless such residence is with a parent, legal guardian or designee in writing as such minor's parent or legal guardian. An owner must provide satisfactory proof of ages and relationship status among the occupants of such owner’s property upon the request of the Association.

c. No property may be occupied by a person who constitutes a threat to the health or safety of other persons, or whose occupancy could result in physical damage to the property of others.

Association.

c. No property may be occupied by a person who constitutes a threat to the health or safety of other persons, or whose occupancy could result in physical damage to the property of others.

d. Rentals of less than 100 percent of the property are prohibited. No fraction or part of a residence may be leased.

e. In the case of a tenant who wishes to lease their property in violation of this rule, the owner may submit a Hardship Petition to the Association when a condition has caused the need to rent the property. Reasonable accommodations shall be made to all tenants in compliance with the Federal Fair Housing Act and all applicable State and Federal Laws.

f. Any Owner that violates this rule shall be fined $250.00 per month.

ER EEA ETS I SI I ES TE TE RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC., EFFECTIVE- JULY 1, 2018 Page 6 1.7- Minimum Rental Period: a. No owner may rent their property for a term of less than six months unless otherwise approved by the board in writing.

Daily, Weekend, Weekly and Monthly rentals are hereinafter prohibited.

c. End of current lease carryover month-to-month terms are permitted if the lease, which has reached its stated end date, had a one year or greater original term, and the month-to-month carryover does not last more than six months.

d. Any Owner that violates this rule shall be fined $250.00 per month.

1.8- Business Use: a. No business, trade or similar activity may be conducted in or from any Lot, except that an Owner or Resident residing in a Lot may conduct business activities within the Lot so long

, except that an Owner or Resident residing in a Lot may conduct business activities within the Lot so long sight, sound or smell from outside the Lot, (ii) the business activity conforms to all zoning requirements for the Property, (iii) the business activity does not noticeably increase the level of vehicular or pedestrian traffic or the number of vehicles parked in the Association, (iv) the business activity does not involve door-to-door solicitation of residents of the Association, (v) the business activity is consistent with the residential character of the Association and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents.

b. Any Owner that violates this rule shall be fined $250.00 per month.

1.9- Tenants with Criminal Backgrounds: a. No owner may rent their property to a tenant or occupant that has been convicted of any felony or misdemeanor crime involving violence; crimes against persons: use of firearms; sex crimes; illegal drugs; robbery; aggravated robbery; murder; criminal gang activity; discharge of firearms; gambling; manufacture, sale or use of drugs; manufacture or sale of alcoholic beverages; prostitution; theft; burglary; larceny; destruction of property; or any crime involving a minor; stalking; terrorism; or b. No owner may rent their property to a tenant or occupant that is a registered sex offender. For purposes of this provision, a “registered sex offender" is a person who is registered as a Level 3 (High Risk) or Level 2 (Moderate Risk) sex offender pursuant to Chapter 62 of the Texas Code of Criminal Procedure (Sex Offender Registration Program

fender" is a person who is registered as a Level 3 (High Risk) or Level 2 (Moderate Risk) sex offender pursuant to Chapter 62 of the Texas Code of Criminal Procedure (Sex Offender Registration Program as it now exists or as it may be amended in the future), or pursuant to any other law of the State of Texas, or any local municipal or county ordinance, or pursuant to any other state or federal law or regulation. "Registered sex offender" for purposes of this Section also includes a person who is required to register as a sex offender and who is required to have a risk assessment but who has not been assigned a risk assessment level by the applicable authority or for whom such a risk assessment level is not yet available to the public via the applicable registry program.

c. Tenants who have been found guilty of one or more of the criminal offenses outlined in Section 1.9a above may reside within the Association twenty years after the expiration of the associated probationary period and/or parole period associated with their offense. This includes person(s) who have received deferred adjudication and/or have not yet satisfied the probationary period of a deferred adjudication for any of the above mentioned offences. This provision does not apply to tenants or occupants that have SI PEED YS SEB TI I a ST TP RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEQWNERS ASSOCIATION, INC., EFFECTIVE- JULY 1, 2018 Page 7 been found guilty of a crime in violation of Section 1.9b above. Tenants or occupants in violation of Section 1.96 above may never occupy or rent a property within the Association.

d. Any owner that violates this rule shall incur a fine of $250.00 per month.

1.10- Compliance with Association Rules & Regulations: a.

j.

e may never occupy or rent a property within the Association.

d. Any owner that violates this rule shall incur a fine of $250.00 per month.

1.10- Compliance with Association Rules & Regulations: a.

j.

Each Landlord must provide their Tenant with a copy of the Associatian Declaration, Bylaws and any and all Rules and Regulations of the Cammunity. For the purposes of this provision, Landlords may comply by providing digital copies to their Tenants.

All Tenants must comply with the Declaration, Bylaws and Rules and Regulations of the community. A statement requiring such must appear in the Tenant’s lease. Owners are subject to being fined for failure of their Tenants to abide by the Declaration, Bylaws and Rules and Regulations of the Community.

Each Owner shall be responsible for all violations and losses or damage resulting from violations by tenants, guests or occupants of that owner’s property. Notwithstanding the fact that such tenants or occupants are fully liable and may be personally sanctioned for any violation.

When the Association notifies an owner of his tenant’s violation, the Owner shall promptly obtain his tenants compliance or exercise his rights as a landlord for the tenant’s breach of the lease. If the tenant’s violation continues or is repeated, and if the owner is unable, unwilling, or unavaitable 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 in the lease, including eviction of the tenant. In the event the Association proceeds as agent and attorney in fact and on behalf of the Owner, to evict the tenant and occupants, any costs, including attorney's fees and court

viction of the tenant. In the event the Association proceeds as agent and attorney in fact and on behalf of the Owner, to evict the tenant and occupants, any costs, including attorney's fees and court costs, associated with the eviction may be assessed as an Individual Assessment against the Property.

The Owner of a leased Property is liable to the Association for any expenses incurred by the association in connection with enforcement of the Dedicatory Instruments against that owner's tenant.

Each OWNER HEREBY APPOINTS THE ASSOCIATION AS THE OWNER’S ATTORNEY IN FACT FOR THE PURPOSES OF TAKING LEGAL ACTION TO DISPOSSESS, EVICT, OR OTHERWISE REMOVE THE OCCUPANTS OF THE OWNER’S PROPERTY AS THE BOARD OF DIRECTORS MAY DEEM NECESSARY TO ENFORCE COMPLIANCE WITH THE DEDICATORY INSTRUMENTS OF THE ASSOCIATION.

A Landlord may not use the Amenities of the Association if that Landlord’s Tenant is using the amenities.

A Homeowner that is delinquent in any fines, assessments, collection costs or fees owing to the Association and fails to cure the delinquency with 60 days after written notification will have their Authority to Rent terminated and may be subject to additional fines and penalties under these Rules and Regulations.

Any owner that violates this rule shall incur a fine of $100.00 per day and is subject to having their ability to rent their property within the Association revoked.

Multiple violations and fines thereon are limited in aggregate to $1,000.00 per month.

2.0- Contents of Lease: a.

Each Owner acknowledges and agrees that any lease of a Property shall be required to contain the following language and that if such language is not expressly contained in RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES

s that any lease of a Property shall be required to contain the following language and that if such language is not expressly contained in RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC., EFFECTIVE- JULY 1, 2018 Page 8 Cc.

the lease, then such language shall be deemed as being incorporated into the lease. Any lessee/tenant, by occupancy of a residence, agrees to the incorporation of the following language into the lease: The tenant (lessee) named in this lease and all occupants of the leased Property shall comply with all provisions of the Dedicatory instruments of the Association and shall control the conduct of all other occupants and guests of the leased residence in order to ensure their compliance.

Any violation of the Dedicatory Instruments of the Association, federal or state law, or local ordinance by the tenant (lessee), by any occupant, by any person living with the lessee, or by any invitee of the tenant is deemed to be a default under the terms of the lease and authorizes the Owner to terminate the lease without liability and to evict the lessee in accordance with Texas law. The Owner hereby delegates and assigns to the Association, acting through its Board of Directors, the power and authority of enforcement against the lessee for breaches resulting from the violation of the Dedicatory instruments of the Association, including the power and authority to evict the lessee and occupants as the attorney-in-fact on behalf and for the benefit of the Owner.

The Owner transfers and assigns to the lessee, for the term of the tease, any and all rights and privileges that the Owner has to use the Common Area including, but not limited to, the use of all recreational facilities and other amenities.

essee, for the term of the tease, any and all rights and privileges that the Owner has to use the Common Area including, but not limited to, the use of all recreational facilities and other amenities.

Any lease entered into without complete and full compliance of the Dedicatory Instruments of the Association and without compliance with these Rules and Regulations Governing Leases and Rental Properties shall be deemed void and of no force and effect and shall confer no interest in a Property or residence to the purported tenant or lessee.

Any owner that violates this rule shall incur a fine of $250.00 per month.

3.0- indemnity, Representation, & Referral to Legal Counsel a.

The requirements within the above Rules and Regulations Governing Leasing and Rental Properties do not constitute a guarantee or representation to other owners within the Association that persons residing within the Community have not been convicted of a crime or are subject to deferred adjudication for a crime.

All current and future owners, residents, guests and invitees understand and agree that the Association and its Directors, Officers, Representatives, Agents, Employees and Attorneys have no obligation to, and will not take any affirmative action to, perform any checks or investigations to determine if owners, occupants or tenants have Criminal Background.

Each owner, resident, tenant and occupant understands and agrees for himself and his guests that the Association and its Directors, Officers, Agents, Representatives, Employees and Attorneys are not providers, insurers or Guarantors of Security within the Bristol Pointe Homeowners Association, Inc. Each Owner, resident, tenant and occupant accepts his or

entatives, Employees and Attorneys are not providers, insurers or Guarantors of Security within the Bristol Pointe Homeowners Association, Inc. Each Owner, resident, tenant and occupant accepts his or her sole responsibility to provide security for their own person and property and assumes the risk for any and all loss or damage to same.

RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC., EFFECTIVE- JULY 1, 2018 Page 9 d. Each owner, resident, tenant or occupant is responsible for maintaining appropriate insurance coverage upon the Property.

e. Each owner, by leasing their property within the Association, agrees to indemnify the Association and its Board of Directors from any and all causes of action arising out of the leasing of their property or action by any tenant, lessee, occupant or guest of the property.

f. Where a Violation is determined or deemed determined to exist and where the Board deems it to be in the best interests of the Association to refer the Violation to legal counsel for appropriate action, the Board may do so at any time. Such legal action may include, without limitation, sending demand letters to the violating Owner and/or seeking injunctive relief against the Owner to correct or otherwise abate the Violation.

Attorney's fees and all costs incurred by the Association in enforcing the Declaration and administering this Policy shall become the personal obligation of the Owner.

4.0- Savings Clause a. It is not the intent of these Rules and Regulations to discriminate against any individual subject to protections under any state or federal law; if it is found that any provision of this policy is in violation of any law, then that provision shall be interpreted to be as

nst any individual subject to protections under any state or federal law; if it is found that any provision of this policy is in violation of any law, then that provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law.

IN WITNESS WHEREOF, the undersigned member of the Board of Directors of Bristol Pointe Homeowners Association, Inc. certifies that these Rules and Regulations were adopted by a majority vote of the Board of Directors.

fsignature page follows] ES REPENS TT TTT TTT EE RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC., EFFECTIVE- JULY 1, 2018 Page 10 EXECUTED this 18th day of June, 2018 Bristol Pointe Homeowners Association, In A Texas non-profit corporation aay By: Victor Rupert, B6ard Member, Bristol Pointe Homeowners Association, Inc., STATE OF TEXAS § COUNTY OF COLLIN This instrument was acknowledged before me on the 18th day of June, 2018, by Victor Rupert, authorized representative of Bristol Pointe Homeowners Association, Inc., a Texas nonprofit corporation, on behalf of said corporation.

ROBYN A. GSCHWEND My Notary ID # 128858039 Expires January 23, 2020 Notary Public in and for the State of Texas After Recording, Return to: Manning & Meyers, Attorneys at Law 4340 N, Central Expressway, Suite 200 Dallas, TX 75206 Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 06/20/2018 03:45:53 PM $66.00 DFOSTER 20180620000766210 Piptiow RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC., EFFECTIVE- JULY 1, 2018 Page 11 CERTIFICATE FOR RECORDATION OF DEDICATORY INSTURMENTS OF

RENTAL PROPERTIES BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC., EFFECTIVE- JULY 1, 2018 Page 11 CERTIFICATE FOR RECORDATION OF DEDICATORY INSTURMENTS OF BRISTOL POINTE HOMEOWNERS ASSOCIATION, INC.

STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § This CERTIFICATE FOR RECORDATION OF DEDICATORY INSTRUMENTS OF BRSTOL POINTE HOMEOWNER’S ASSOCIATION, INC. (hereinafter “Certificate”) is made this 28" day of June, 2019, by the Bristol Pointe Homeowner’s Association, Inc.

WITNESSETH WHEREAS, Bristol Point, Ltd. (“Declarant”), formed the Bristol Pointe Homeowner’s Association, Inc. (“Association”) and, filed that certain First Amendment and Restatement of Declaration of Covenants, Conditions and Restrictions For Bristol in the Real Property Records of Collin County, Texas on October 30, 1997 as Document No. 97-0092340, and as may be further amended and supplemented from time to (hereinafter the “Declaration”); and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the planned development is located; and WHEREAS, the Association desires to rescind and revoke, in its entirety, the dedicatory instrument entitled “Certificate and Resolution of the Board of Directors of Bristol Pointe Homeowner’s Association, Inc. With Respect to Payment of Directors for Attendance at Certain Meeting” recorded in the Real Property Records of Collin County, Texas as part of Document Number 20151215001557370 (“Director Payment Policy”); and, rescind and revoke, in its

r Attendance at Certain Meeting” recorded in the Real Property Records of Collin County, Texas as part of Document Number 20151215001557370 (“Director Payment Policy”); and, rescind and revoke, in its entirety, the dedicatory instrument entitled “Rules and Regulations Governing Leasing And Rental Properties Bristol Pointe Homeowner’s Association, Inc.” recorded on June 20, 2018 in the Real Property Records of Collin County, Texas as part of Document Number 20180620000766210 (“Leasing Policy”).

NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A-1” and “A-2” are true and correct copy of the original resolutions revoking the Director Payment Policy and the Leasing Policy respectively and are hereby filed of record in the real property records of Collin County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Certificate for Recordation of Dedicatory Instruments of Bristol Pointe Homeowners Association, Inc. to be executed by its duly authorized agent as of the date first above written.

CERTIFICATE FOR RECORDATIO OF DEDICACTORY INSTUREMENTS- Page 1 of 3 IN WITNESS WHEREOF, the Association has caused this Certificate for Recordation of Dedicatory Instruments of Bristol Pointe Homeowners Association, Inc. to be executed by its duly authorized agent as of the date first above written.

BRISTOL POINTE HOMEOWNER’S ASSOCIATION, INC.

a Texas non-prafit corporation —— . : py asmes G, SBA Name: i apei Title: Qn ACKNOWLEDGEMENT STATE OF TEXAS $ § COUNTY OF COLLIN § Ata, THIS ENSTURMENT WAS ACKNOWLEDGED BEFORE ME ON THIS 25 DAY OF cdems, 2019.

2019.

an Notary Public in and for the State of Texas My commission expires: 07 /o3]| 2027 AFTER RECORDING, RETURN TQ:

N § Ata, THIS ENSTURMENT WAS ACKNOWLEDGED BEFORE ME ON THIS 25 DAY OF cdems, 2019.

2019.

an Notary Public in and for the State of Texas My commission expires: 07 /o3]| 2027 AFTER RECORDING, RETURN TQ: Daniel E. Pellar The Pellar Law Firm, PLLC 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 YAN FREELAND Notary 1D # 12904316 My Commission Expires July 3, 2029 CERTIFICATE FOR RECORDATIO OF DEDICACTORY INSTUREMENTS.- Page 2 of 3 DEDICATORY INSTRUMENTS EXHIBIT A-i: “BRISTOL POINTE HOMEOWNER’S ASSOCIATION, INC.

RESOLUTION REVOKING CERTIFICATE AND RESOLUTION OF THE BOARD OF DIRECTORS OF BRISTOL POINTE HOMEOWNER'S ASSOCIATION, INC., FOR PAYMENT OF DIRECTORS FOR ATTENDANCE AT CERTAIN MEETINGS” EXHIBIT A-2: “BRISTOL POINTE HOMEONWER’S ASSOCIATION, INC.

RESOLUTION REVOKING RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES" CERTIFICATE FOR RECORDATIO OF DEDICACTORY INSTUREMENXTS- Page 3 of 3 EXHIBIT “A-1” BRISTOL POINTE HOMEGWNER’S ASSOCIATION, INC, RESOLUTION REVOKING CERTIFICATE AND RESOLUTION OF THE BOARD OF DIRECTORS OF BRISTOL POINTE HOMEQWNER’S ASSOCIATION, INC.,, FOR PAYMENT OF DIRECTORS FOR ATTENDANT AT CERTAIN MEETINGS WHEREAS, on December 15, 2015, the Board of Directors (“Board”} for the Bristol Pointe Homeowner's Association, Inc. (“Association”) recorded a resolution the Board had approved end entitled “Certificate and Resolution of the Board of Directors of Bristol Pointe Homeowner's Association, Inc, With Respect to Payment of Directors for Attendance at Certain Meeting” in the Real Property Records of Collin County, Texas as part of Document Number 20151215001557370 (“Director Payment Policy”); and WHEREAS, the Board, after a duly called and noticed meeting, and in accordance with

operty Records of Collin County, Texas as part of Document Number 20151215001557370 (“Director Payment Policy”); and WHEREAS, the Board, after a duly called and noticed meeting, and in accordance with authority vested in the Board by Section 4.22 of the Bylaws of Bristol Pointe Homeowners Association, Inc. (“Bylaws”) voted and approved the rescission and revocation the Directar Payment Policy in its entirety; NOW, THEREFORE, IS RESOLVED by the Board, that the Directors Payment Policy has been revoked and rescinded and no longer has any force or effect.

This is to certify that the foregoing resolution was considered and approved by the Board at a meeting of same on june 2°7 , 2019 and has not been modified, rescinded or revoked.

vm.

— DATE: Sind 27, 2944 re James Gibson, Authorized Director EXHIBIT “A-2” BRISTOL POINTE HOMEOWNER’S ASSOCIATION, INC.

RESOLUTION REVOKING RULES AND REGULATIONS GOVERNING LEASING AND RENTAL PROPERTIES WHEREAS, on June 18, 2018, the Board of Directors (“Board”) for the Bristol Pointe Homeowner's Association, Ine. (“Association”) approved a resolution entitled “Rules and Regulations Governing Leasing And Renta] Properties Bristol Pointe Homeowner's Association, Inc.” and recorded on June 20, 2018 in the Real Property Records of Collin County, Texas as part of Document Number 20180620000766210 (“Leasing Policy”); and WHEREAS, the Board, after a duly called and noticed meeting, and in accordance with authority vested in the Board by Section 4.22 of the Bylaws of Bristol Pointe Homeowners Association, Inc. (“Bylaws”) voted and approved the rescission and revocation the Leasing Policy in its entirety: NOW, THEREFORE, 1S RESOLVED by the Board, that the Leasing Policy has been revoked and rescinded and no longer has any force or effect.

he rescission and revocation the Leasing Policy in its entirety: NOW, THEREFORE, 1S RESOLVED by the Board, that the Leasing Policy has been revoked and rescinded and no longer has any force or effect.

This is to certify that the foregoing resolution was considered and adopted by the Board and approved at a meeting of same on _“funt Z 7 . 2019, and has not been modified, rescinded or revoked.

DATE: wand park ET EOD Loe James Gibson, Authorized Director BRISTOL POINTE RESOLUTION REVOKING DIRECTOR PAYMENT Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 06/28/2019 03:54:53 PM $50.00 TBARNETT 20190628000760710 Sogtiow