201600191354 07/14/2016 02:33:16 PM CONDOMINIUM 1/65 DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Dallas, Dallas County, Texas Declarant 5807 BRYAN PARKWAY, LLC A Texas Limited Liability Company 1 DECLARATION OF BRYAN PARKWAY CONDOMINIUMS TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS.
ARTICLE 2 – NAMES, LOCATION, AND DESCRIPTION ....
2.1. PROPERTY NAME..
2.2.
ASSOCIATION NAME & TYPE 2.3.
PROPERTY LOCATION...
2.4.
PROPERTY DESCRIPTION 2.5.
SUBJECT TO DOCUMENTS.
2.6.
MERGER........
ARTICLE 3 – UNITS AND LIMITED COMMON ELEMENTS UNIT BOUNDARIES 3.1.
3.2.
3.3.
3.4.
INITIAL DESIGNATIONS OF LIMITED COMMON ELEMENTS.
SUBSEQUENT ALLOCATION OF LIMITED COMMON ELEMENTS.
REALLOCATION OF LIMITED COMMON ELEMENTS........
ARTICLE 4 - ALLOCATED INTERESTS..
ALLOCATION OF INTERESTS.
COMMON ELEMENT INTERESTS.
4.1.
4.2.
4.3.
4.4.
COMMON EXPENSE LIABILITIES .
WEIGHTED VOTES.
ARTICLE 5 - COVENANT FOR ASSESSMENTS..
5.1. PURPOSE OF ASSESSMENTS.
PERSONAL OBLIGATION..
5.2.
5.3.
TYPES OF ASSESSMENTS.
5.4.
REGULAR ASSESSMENTS.
5.5.
SPECIAL ASSESSMENTS.
5.6.
INDIVIDUAL ASSESSMENTS.
5.7.
DEFICIENCY ASSESSMENTS.
5.8. CONTROL FOR ASSESSMENT INCREASES 5.9.
5.10.
RESERVE FUNDS ASSOCIATION'S RIGHT TO BORROW MONEY ARTICLE 6 - ASSESSMENT LIEN .
6.1.
6.2.
6.3.
ASSESSMENT LIEN .
SUPERIORITY OF ASSESSMENT LIEN.
EFFECT OF MORTGAGEE'S FORECLOSURE 6.4. NOTICE AND RELEASE OF NOTICE.
6.5.
POWER OF SALE...
6.6.
FORECLOSURE OF LIEN.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Page 1 4 4 4 4 4 55666 6677 7 7 7 7 7 8 9 9 9 9 10 10 10 10 10 11 11 11 Page i of v ARTICLE 7 - EFFECT OF NONPAYMENT OF ASSESSMENTS Page 7.1.
INTEREST 7.2.
LATE FEES.
7.3.
7.4.
ACCELERATION.
7.5.
COLLECTION EXPENSES.
SUSPENSION OF USE AND VOTE.
7.6.
MONEY JUDGMENT...
1 11 Page i of v ARTICLE 7 - EFFECT OF NONPAYMENT OF ASSESSMENTS Page 7.1.
INTEREST 7.2.
LATE FEES.
7.3.
7.4.
ACCELERATION.
7.5.
COLLECTION EXPENSES.
SUSPENSION OF USE AND VOTE.
7.6.
MONEY JUDGMENT...
7.7.
NOTICE TO MORTGAGEE.
7.8.
APPLICATION OF PAYMENTS..
ARTICLE 8 – MAINTENANCE AND REPAIR OBLIGATIONS.
ASSOCIATION MAINTAINS DESIGNATION OF COMMON RESPONSIBILITY 8.1.
8.2.
OWNER RESPONSIBILITY.
8.3.
8.4.
OWNER'S DEFAULT IN MAINTENANCE 8.5.
OTHER OWNER OBLIGATIONS....
8.6.
SUMMARY OF MAINTENANCE RESPONSIBILITY ..
ARTICLE 9 - PROPERTY EASEMENTS AND RIGHTS 9.1.
9.2.
GENERAL...
RECORDED EASEMENTS AND LICENSES 9.3. OWNER'S EASEMENT OF ENJOYMENT 9.4. OWNER'S MAINTENANCE EASEMENT.
9.5. OWNER'S INGRESS/EGRESS EASEMENT 9.6. OWNER'S ENCROACHMENT EASEMENT.
ASSOCIATION'S ACCESS EASEMENT.
9.7.
9.8.
UTILITY EASEMENT.
9.9.
MINERAL INTERESTS 9.10.
SECURITY..
ARTICLE 10 - ARCHITECTURAL COVENANTS AND CONTROL.
10.1.
10.2.
PURPOSE....
PROHIBITION OF ALTERATION AND IMPROVEMENT 10.3. BOARD APPROVAL 10.4.
DEEMED APPROVAL..
10.5.
PRIOR APPROVAL.
10.6. NO APPROVAL REQUIRED.
ARTICLE 11 – LIMITATIONS ON LEASING 11.1. SUBJECT TO DOCUMENTATION.
11.2.
CONDITIONS OF LEASE...
11.3.
EVICTION OF TENANTS .
11.4.
MORTGAGEES & DECLARANT EXEMPT ARTICLE 12 - USE RESTRICTIONS.
12.1.
12.2.
ASSOCIATION'S RIGHT TO PROMULGATE RULES.
RULES AND REGULATIONS.
12.3.
RESIDENTIAL USE 12.4.
OCCUPANCY OF UNITS.
12.5. ANNOYANCE.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 11 11 11 12 12 12 12 12 12 223 13 14 14 .14 15 15 .15 15 15 15 15 15 15 .16 16 .......
17 17 17 18 18 18 18 ...........
18 18 18 888 18 19 19 19 19 20 20 122222 Page ii of v 12.6. ANIMAL RESTRICTIONS 12.7. APPEARANCE RESTRICTIONS.
13 14 14 .14 15 15 .15 15 15 15 15 15 15 .16 16 .......
17 17 17 18 18 18 18 ...........
18 18 18 888 18 19 19 19 19 20 20 122222 Page ii of v 12.6. ANIMAL RESTRICTIONS 12.7. APPEARANCE RESTRICTIONS.
12.8. WINDOW RESTRICTIONS.……………………………..
12.9. SIGN RESTRICTIONS.
12.10. GARAGE RESTRICTIONS..
12.11. VEHICLE RESTRICTIONS.
12.12. LANDSCAPING RESTRICTIONS.
12.13. DRAINAGE RESTRICTIONS .
12.14. STRUCTURAL INTEGRITY ………………………………… 12.15. SPECIFIC USES.
ARTICLE 13 - MORTGAGEE PROTECTION .
13.1.
13.2.
INTRODUCTION..
AMENDMENT.
13.3. KNOWN MORTGAGEES 13.4. ELIGIBLE MORTGAGEES LAWSUITS.
13.5.
NOTICE OF ACTIONS.
13.6.
13.7.
13.8.
AMENDMENTS OF A MATERIAL NATURE.
TERMINATION....
13.9. IMPLIED APPROVAL.
13.10. INSPECTION OF BOOKS..
13.11. FINANCIAL STATEMENTS..
13.12. ATTENDANCE AT MEETINGS.
13.13. MANAGEMENT CONTRACT 13.14. INSURANCE POLICIES.
ARTICLE 14 - AMENDMENTS..
14.1. CONSENTS REQUIRED......
14.2. METHOD OF AMENDMENT .
14.3. EFFECTIVE.
14.4.
DECLARANT PROVISIONS..
ARTICLE 15 - INSURANCE.
15.1. GENERAL PROVISIONS 15.2.
CASUALTY OR HAZARD INSURANCE.
15.3. LIABILITY INSURANCE.
15.4.
WORKER'S COMPENSATION 15.5.
FIDELITY COVERAGE.
15.6.
DIRECTORS AND OFFICERS LIABILITY.
15.8.
OTHER POLICIES.
15.9.
16.1.
16.2.
RESTORATION FUNDS.
16.3.
COSTS AND PLANS.
16.4.
OWNER'S DUTY TO REPAIR.
15.7. MORTGAGEE REQUIRED POLICIES OWNER'S RESPONSIBILITY FOR INSURANCE.
ARTICLE 16 – RECONSTRUCTION OR REPAIR AFTER LOSS.
SUBJECT TO ACT.
......
Page 21 21 21 21 .21 .21 23 23 .23 24 25 25 25 ........
25 25 ..25 25 27 27 28 29 29 29 29 30 30 30 30 .30 30 ...31 31 16.5. OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE..
32 DECLARATION OF BRYAN PARKWAY CONDOMINIUMS,
.30 30 ...31 31 16.5. OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE..
32 DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Page iii of v ARTICLE 17 - TERMINATION AND CONDEMNATION..
17.1. ASSOCIATION AS TRUSTEE.
17.2.
TERMINATION..
17.3. CONDEMNATION......
ARTICLE 18-ASSOCIATION OPERATIONS.
18.1. INDEMNIFICATION 18.2. ASSOCIATION'S RIGHT TO ENFORCE DOCUMENTS.
18.3. NOTICE AND HEARING.
ARTICLE 19 - DISPUTE RESOLUTION.....
19.1. INTRODUCTION & DEFINITIONS.
MANDATORY PROCEDURES .
19.2.
19.3.
NOTICE..
19.4.
19.5.
MEDIATION.
MEGOTIATION.
19.6. TERMINATION OF MEDIATION..
19.7. ALLOCATION OF COSTS....
Page 33 33 34 33 2333 3mmm ..35 .35 ..36 ..36 .36 .36 ..36 ..36 19.8.
19.9.
ENFORCEMENT OF RESOLUTION GENERAL PROVISIONS .
..36 .37 19.10. LITIGATION APPROVAL & SETTLEMENT .
ARTICLE 20 - GENERAL PROVISIONS.
.37 20.1.
COMPLIANCE 20.2.
CONSTRUCTION DEFECTS.
20.3.
NOTICE..
20.4.
SEVERABILITY 20.5. CAPTIONS..
20.6.
INTERPRETATION.
..38 ..38 38 38 38 38 38 20.7. DURATION.
38 20.8. PREPARER 20.9.
APPENDIXES..
39 39 SIGNED AND ACKNOWLEDGED ..........
APPENDIX A - LEGAL DESCRIPTION OF SUBJECT LAND APPENDIX B – PLATS AND PLANS ...
APPENDIX C – SCHEDULE OF ALLOCATED INTERESTS APPENDIX D - ASSIGNMENT OF PARKING SPACES 40 A-1 ………..B-1 C-1 D-1 APPENDIX E-DECLARANT REPRESENTATIONS & RESERVATIONS.
.E-1 E.1.
DECLARANT'S REPRESENTATIONS.
.E-1 E.2.
DEVELOPMENT PERIOD...
.E-1 E.3.
STATUTORY DEVELOPMENT RIGHTS .E-1 E.4.
EXERCISE OF DEVELOPMENT RIGHTS.
E-2 E.5.
E.6.
DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS.
DECLARANT CONTROL PERIOD.
.E-2 .E-5 DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Page iv of v Page E.7.
ANT RIGHTS.
DECLARANT CONTROL PERIOD.
.E-2 .E-5 DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Page iv of v Page E.7.
LIMITATIONS ON SPECIAL DECLARANT RIGHTS.
.E-5 E.8. WORKING CAPITAL FUND.
.E-5 E.9.
GENERAL RESERVATION .E-5 E.10. EXPENSES OF DECLARANT .E-5 E.11. OBLIGATION FOR ASSESSMENTS E-5 E.12. MANAGEMENT CONTRACT.
.E-6 E.13. SUCCESSOR DECLARANT.
.E-6 APPENDIX F – INITIAL DESIGNATION OF AREAS OF COMMON RESPONSIBILITY ..
F-1 DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Page v of v DECLARATION OF BRYAN PARKWAY CONDOMINIUMS 5807 BRYAN PARKWAY, LLC, a Texas limited liability company ("Declarant"), owns the real property described in Appendix A of this Declaration. By recording this Declaration, Declarant submits the property described in Appendix A to the provisions of the Uniform Condominium Act, Chapter 82 of the Texas Property Code, for the purpose of creating Bryan Parkway Condominiums.
Declarant DECLARES that the property described in Appendix A will be held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, and easements of this Declaration, including Declarant's representations and reservations in the attached Appendix E, which run with the real property and bind all parties having or acquiring any right, title, or interest in the property, their heirs, successors, and assigns, and inure to the benefit of each Owner of the property.
ARTICLE 1 DEFINITIONS DEFINITIONS. Unless defined otherwise in this Declaration, words and phrases defined
their heirs, successors, and assigns, and inure to the benefit of each Owner of the property.
ARTICLE 1 DEFINITIONS DEFINITIONS. Unless defined otherwise in this Declaration, words and phrases defined in Section 82.003 of the Act have the same meaning when used in this Declaration. The following words and phrases, whether or not capitalized, have specified meanings when used in the Documents, unless a different meaning is apparent from the context in which the word or phrase is used.
1.1 "Act" means Chapter 82 of the Texas Property Code, the Uniform Condominium Act, as it may be amended from time to time.
1.2. "Areas of Common Responsibility” means those portions of Units that are designated, from time to time, by the Association to be maintained, repaired, and replaced by the Association, as a common expense, as if the portions were Common Elements.
1.3. “Assessment” means any charge levied against a Unit or Owner by the Association, pursuant to the Documents and the Act, including but not limited to Annual Assessments, Special Assessments, Individual Assessments, and Deficiency Assessments, as defined in Article 5 of this Declaration.
1.4. "Association" shall mean and refer to BRYAN PARKWAY OWNERS ASSOCIATION, INC.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 1.5.
“Board” means and refers to the Board of Directors of Bryan Parkway Owners Association, Inc.
1.6.
1.7.
time to time.
"Building” means the building of a Unit and all appurtenant improvements.
"Bylaws” means the bylaws of the Association, as they may be amended from 1.8. “Common_Elements” means and includes all the property described on
e building of a Unit and all appurtenant improvements.
"Bylaws” means the bylaws of the Association, as they may be amended from 1.8. “Common_Elements” means and includes all the property described on Appendix A, and all improvements located thereon, except the Units as described in Article 3.
All Common Elements are “General Common Elements” except, if any, "Limited Common Elements" allocated by this Declaration for the exclusive use of one (1) or more but less than all of the Units.
1.9.
“Condominium Information Statement" means the document prepared pursuant to Sections 82.152 and 82.153 of the Act.
1.10. “Declarant” means 5807 BRYAN PARKWAY, LLC, a Texas limited liability company, or its successor, which is developing the Property.
1.11. “Declarant Control Period” means that period of time, beginning the date this Declaration is recorded, during which Declarant controls the operation and management of the Association, pursuant to Appendix E of this Declaration.
1.12. “Declaration” means this document, as it may be amended from time to time.
1.13. “Development Rights" means the rights reserved by Declarant under Appendix E of this Declaration to create Units, General Common Elements, and Limited Common Elements within the Property.
1.14. “Development Period” means the ten (10) year period beginning on the date this Declaration is recorded, during which Declarant has certain rights as more particularly described in Appendix E, attached hereto, including rights related to development, construction, expansion, and marketing of the Property. The Development Period is for a term of years and does not require that Declarant own any portion of the Property. Declarant may terminate the
, construction, expansion, and marketing of the Property. The Development Period is for a term of years and does not require that Declarant own any portion of the Property. Declarant may terminate the Development Period by recording a notice of termination in the Official Public Records of Dallas County, Texas.
1.15. “Director” means a member of the Association's Board of Directors.
1.16. "Documents” means, singly or collectively as the case may be, this Declaration, the Plat and Plans recorded pursuant to the Act, the Associations Bylaws, Certificate of Formation, and Rules, as any of these may be amended from time to time. An appendix, exhibit, schedule, affidavit, or certification accompanying a Document is part of that Document.
1.17. "Majority" means more than half.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 1.18. "Member” means a member of the Association, each member being an Owner of a Unit, unless the context indicates that member means a member of the Board or a member of a committee of the Association.
1.19. "Mortgagee" means a holder, insurer, or guarantor of a purchase money mortgage secured by a recorded senior or first deed of trust lien against a Unit.
1.20. "Occupant” means a residential occupant of a Unit, regardless of whether the person owns the Unit or not.
1.21. “Officer” means an Officer of the Association.
1.22. "Owner" means a holder of recorded fee simple title to a Unit. Declarant is the initial Owner of all Units. Mortgagees who acquire title to a Unit through a deed in lieu of foreclosure or through judicial or non-judicial foreclosure are Owners. Persons or entities having
t is the initial Owner of all Units. Mortgagees who acquire title to a Unit through a deed in lieu of foreclosure or through judicial or non-judicial foreclosure are Owners. Persons or entities having ownership interests merely as security for the performance of an obligation are not Owners.
Every Owner is a member of the Association.
1.23. “Property” means all the land subject to this Declaration and all improvements, easements, rights, and appurtenances to the land.
1.24. “Resident” means an occupant of a Unit, regardless of whether the person owns the Unit.
1.25. “Rules” means any rules and regulations adopted by the Board in accordance with the Documents or the Act.
1.26. “Underwriting Lender" generally means Federal Home Loan Mortgage Corporation (Freddie Mac) and Federal National Mortgage Association (Fannie Mae), or any other institutional investor, singly or collectively. The use of this term and these institutions may not be construed as a limitation on an Owner's financing options or as a representation that the Property is approved by any institution.
1.27. “Unit" means the elements of an individual Condominium Unit which are not owned in common with the Owners of the other Condominium Units in the Property as shown on the Plat and Plans attached hereto as Appendix B, and each Unit shall include the air space assigned thereto. The boundaries of each such Unit shall be and are the interior surfaces of the perimeter walls, floors, ceilings, window frames, doors, door frames, and trim; and the space includes both the portions of the building so described and the air space so encompassed, excepting the Common Elements. In interpreting deeds, mortgages, deeds of trust, and other
trim; and the space includes both the portions of the building so described and the air space so encompassed, excepting the Common Elements. In interpreting deeds, mortgages, deeds of trust, and other instruments, the existing physical boundaries of the Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries, regardless of settling, rising, or lateral movement of the building and regardless of variances between boundaries shown on the Plat and those of the building. The individual ownership of each Unit space herein defined shall further include the interior construction, attic, partitions, appliances, fixtures, and improvements which are intended to exclusively serve such Unit space, such as DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, interior room walls, floor coverings or finish, closets, cabinets, shelving, individual bathroom and kitchen fixtures, plumbing and appliances, individual lighting and electrical fixtures, HVAC, and other separate items or chattels belonging exclusively to such Unit, any of which may be removed, replaced, disposed of, or otherwise treated without affecting the use or enjoyment of any other Unit space or ownership. None of the land in this Property on which any Unit space or porch space is located shall be separately owned, as all land in this Property shall constitute part of the "Common Elements” of the Property as herein defined.
2.1.
ARTICLE 2 NAMES, LOCATION, AND DESCRIPTION PROPERTY NAME. The name of the Property is BRYAN PARKWAY CONDOMINIUMS.
2.2. ASSOCIATION NAME & TYPE. The name of the Association is BRYAN
erein defined.
2.1.
ARTICLE 2 NAMES, LOCATION, AND DESCRIPTION PROPERTY NAME. The name of the Property is BRYAN PARKWAY CONDOMINIUMS.
2.2. ASSOCIATION NAME & TYPE. The name of the Association is BRYAN PARKWAY OWNERS ASSOCIATION, INC. The Association is or will be chartered as a Texas nonprofit corporation.
2.3.
PROPERTY LOCATION. The Property is located entirely in the City of Dallas, Dallas County, Texas.
2.4.
PROPERTY DESCRIPTION. The Property is located on land described in Appendix A to this Declaration, and includes every Unit and all Common Elements thereon.
2.5. SUBJECT TO DOCUMENTS. The Property is held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, and easements of this Declaration and of the other Documents, which run with the Property, bind all parties having or acquiring any right, title, or interest in the Property, their heirs, successors, and assigns, and inure to the benefit of each Owner.
2.6. MERGER. Merger or consolidation of the Association with another association must be evidenced by an amendment to this Declaration. The amendment must be approved by Owners representing at least two-thirds (2/3rds) of the total allocated votes. Upon merger or consolidation of the Association with another association, the property, rights, and obligations of another association may, by operation of law, be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to the merger. The surviving or consolidated association may administer the provisions of the Documents within the Property, together with the covenants and restrictions established upon any other property under its
The surviving or consolidated association may administer the provisions of the Documents within the Property, together with the covenants and restrictions established upon any other property under its jurisdiction. No merger or consolidation, however, will effect a revocation, change, or addition to the covenants established by this Declaration within the Property.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, ARTICLE 3 UNITS AND LIMITED COMMON ELEMENTS 3.1. UNIT BOUNDARIES. The boundaries and the identifying number of each Unit are shown on the Plat and Plans attached as Appendix B. The boundaries are further described as follows: 3.1.1. Lower Horizontal Boundary. The upper surface of the concrete slab and piers foundation or the flooring, if on the second story, is the Unit's lower horizontal boundary.
3.1.2. Upper Horizontal Boundary. The outside of the drywall surface immediately under the paint or ceiling covering is the upper horizontal boundary.
3.1.3. Vertical Perimeter Boundaries - Interior Walls. On exterior boundary walls, the Unit's vertical boundaries are outside of the drywall surface, immediately under the paint and interior surfaces of the walls, closed doors, and closed windows.
walls 3.1.4. Vertical Perimeter Boundaries - Party Walls. On party walls between two (2) units the unit's vertical boundaries are the planes defined by the midpoints of the party wall. The unit on each side of a party wall extends to the middle of the party wall 3.1.5. What the Unit Includes. Each Unit includes the spaces and improvements within the above-described vertical and horizontal boundaries, including any attached
ends to the middle of the party wall 3.1.5. What the Unit Includes. Each Unit includes the spaces and improvements within the above-described vertical and horizontal boundaries, including any attached garage. In other words, the Unit includes the portion of the building in which the residence and garage are located. Each Unit also includes the following improvements and equipment serving the Unit exclusively, whether located inside or outside the Unit, whether or not attached to or contiguous with the Unit: space heaters or furnace, water heaters, air conditioners, utility meters, breaker boxes, electrical switches, wiring, pipes, ducts, conduits, smoke detectors, security systems, if any, television antenna, lighting fixtures, telephone and electrical receptacles.
3.1.6. Exclusions. Except as specifically included above, each Unit excludes the spaces and improvements lying outside of the vertical and horizontal boundaries. Each Unit also excludes any chute, pipe, flue, duct, wire, or conduit running through a Unit for the purpose of furnishing utility and similar services to other Units and Common Elements or both.
3.1.7. Inconsistency with Plans. If this definition is inconsistent with the Plats and Plans, then this definition will control.
3.1.8. Representations of Size. The space contained within the Unit's vertical and horizontal boundaries is not related to the size of the Unit's living areas. Similarly, the Units are initially marketed on the basis of a limited number of representational floor DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, plans, each of which is marked with a rounded and estimated size of air-conditioned
F BRYAN PARKWAY CONDOMINIUMS, plans, each of which is marked with a rounded and estimated size of air-conditioned space, taken from pre-construction architectural drawings. Those marketing sizes bear no relation to the size of the space contained within the Unit's vertical and horizontal boundaries.
3.2. INITIAL DESIGNATIONS OF LIMITED COMMON ELEMENTS. The following portions of the Common Elements are Limited Common Elements assigned to the Units as stated: 3.2.1. Shown on Plats and Plans. Portions of the Common Elements may be allocated as Limited Common Elements on the Plats and Plans, attached hereto as Appendix B, by use of "LCE" and the identifying number of the Unit to which the Limited Common Element is appurtenant, or by use of a comparable method of designation.
3.2.2. Appurtenant Areas. Only to the extent they are not part of the Unit, the front porches, which are obviously intended for the sole and exclusive use of the Unit to which the area is appurtenant are deemed Limited Common Elements, whether or not the area is so designated on Plats and Plans. If the boundaries of any patio, deck, balcony or fenced yard change - with the board's approval - the altered boundaries of the patio, deck, balcony, or fenced yard, if any, are the boundaries of the Limited Common Element.
3.2.3. Parking Spaces. Each Unit has an attached two (2)-car garage for parking vehicles. There is no guest parking.
3.3. SUBSEQUENT ALLOCATION OF LIMITED COMMON ELEMENTS. A Common Element not allocated by this Declaration as a Limited Common Element may be so allocated only pursuant to the provisions of this Article. Declarant reserves the right, under
COMMON ELEMENTS. A Common Element not allocated by this Declaration as a Limited Common Element may be so allocated only pursuant to the provisions of this Article. Declarant reserves the right, under Appendix E of this Declaration, to create Limited Common Elements within the Property.
3.4. REALLOCATION OF LIMITED COMMON ELEMENTS. A Limited Common Element may not be reallocated, except by amendment. An amendment of reallocation requires the approval of all Owners and Mortgagees of Units whose interests are to be allocated or reallocated. The parties executing the amendment will provide an executed copy of the amendment to the Association, which will record it, provided that the amendment complies with the provisions of this Declaration and the Act. The amendment must contain words of conveyance and must be recorded and indexed in the names of the parties and the Property. The amendment will specify to which Unit or Units the Limited Common Element is allocated. The parties executing the amendment are responsible for the preparation of the amendment and will reimburse the Association for its reasonable attorneys' fees in connection with review and recording of the amendment.
ARTICLE 4 ALLOCATED INTERESTS DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 4.1. ALLOCATION OF INTERESTS. The table showing the identifying number and allocated interests of each Unit is attached as Appendix C. The interests have been allocated in accordance with the formulas set out in this Article. The same formulas are to be used in reallocating interests if Units are added to the Property. The date on which the amendment
e been allocated in accordance with the formulas set out in this Article. The same formulas are to be used in reallocating interests if Units are added to the Property. The date on which the amendment creating additional Units is recorded in the Official Public Records of Dallas County, Texas is the effective date for assigning allocated interests to those Units. The interests allocated to each Unit are calculated by the following formulas.
4.2.
COMMON ELEMENT INTERESTS. The share of undivided interest in the Common Elements allocated to each Unit is uniform for all Units. Each Unit's fractional share is weighted, calculated by dividing the total air conditioned square footage of each Unit by the total air conditioned square footage of all the Units combined.
4.3. COMMON EXPENSE LIABILITIES. The share of liability for common expenses allocated to each Unit is uniform for all Units. Each Unit's fractional share is based on its undivided interest in the Common Elements or calculated by dividing its total air-conditioned square footage by the total air-conditioned square footage of all Units in the Property.
4.4. WEIGHTED VOTES. The total number of votes equals the total number of Units in the Property. The one (1) vote appurtenant to each Unit is uniform and is based on the percentage interest in the Common Elements appurtenant to each Unit.
ARTICLE 5 COVENANT FOR ASSESSMENTS 5.1. PURPOSE OF ASSESSMENTS. The Association will use Assessments for the general purposes of preserving and enhancing the Property, and promoting the recreation, common benefit, and enjoyment of Owners and Residents, including but not limited to maintenance of real and personal property, management and operation of the Association, and
romoting the recreation, common benefit, and enjoyment of Owners and Residents, including but not limited to maintenance of real and personal property, management and operation of the Association, and any expense reasonably related to the purposes for which the Property was developed. If made in good faith, the Board's decision with respect to the use of Assessments is final.
5.2. PERSONAL OBLIGATION. An Owner is obligated to pay Assessments levied by the Board against the Owner or his Unit. Payments are made to the Association at its principal office or at any other place the Board directs. Payments must be made in full regardless of whether an Owner has a dispute with the Association, another Owner, or any other person or entity regarding any matter to which this Declaration pertains. No Owner may exempt himself from his Assessment liability by waiver of the use or enjoyment of the Common Elements or by abandonment of his Unit. An Owner's obligation is not subject to offset by the Owner. Payment of Assessments is both a continuing affirmative covenant personal to the Owner and a continuing covenant running with the Unit.
5.3. TYPES OF ASSESSMENTS. There are four (4) types of Assessments: Regular, DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Special, Individual, and Deficiency.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 5.4. REGULAR ASSESSMENTS.
5.4.1. Purpose of Regular Assessments. Regular Assessments are used for common expenses related to the reoccurring, periodic, and anticipated responsibilities of the Association, including but not limited to:
urpose of Regular Assessments. Regular Assessments are used for common expenses related to the reoccurring, periodic, and anticipated responsibilities of the Association, including but not limited to: a. Maintenance, repair, and replacement, as necessary, of the Common Elements, and improvements, equipment, signage, and property owned by the Association.
b.
Maintenance, repair, and replacement, as necessary, of the Area of Common Responsibility.
C.
d.
Utilities billed to the Association.
Services billed to the Association and serving all Units, such as trash removal and pest control.
e.
income taxes.
f.
g.
Taxes on property owned by the Association and the Association's Any common lighting.
Management, legal, accounting, auditing, and professional fees for services to the Association.
h.
Costs of operating the Association, such as telephone, postage, office supplies, printing, meeting expenses, and educational opportunities of benefit to the Association.
i.
Insurance premiums and deductibles.
j.
Contributions to the reserve funds.
k. Any other expense which the Association is required by law or the Documents to pay, or which in the opinion of the Board is necessary or proper for maintenance of the Property, operation of the Association, or enforcement of the Documents.
5.4.2. Annual Budget. The Board will prepare and approve an estimated annual budget for each fiscal year. The budget will take into account the estimated income and common expenses for the year, contributions to reserve funds, and a projection for uncollected receivables. The Board will make the budget or its summary available to an Owner of each Unit, although failure to receive a budget or summary does not affect an Owner's liability for Assessments. The Board will provide copies of the detailed budget
s summary available to an Owner of each Unit, although failure to receive a budget or summary does not affect an Owner's liability for Assessments. The Board will provide copies of the detailed budget to Owners who make written request and pay a reasonable copy charge.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 5.4.3. Basis of Regular Assessments. Regular Assessments will be based on the annual budget, minus estimated income from sources other than Regular Assessments.
Each Unit will be liable for its allocated share of the annual budget. If the Board does not approve an annual budget or fails to determine new Regular Assessments for any year, or delays in doing so, Owners will continue to pay the Regular Assessment as last determined.
5.4.4. Supplemental Increases. If during the course of a year the Board determines that Regular Assessments are insufficient to cover the estimated common expenses for the remainder of the year, the Board may increase Regular Assessments for the remainder of the fiscal year in an amount that covers the estimated deficiency.
5.5.
SPECIAL ASSESSMENTS. In addition to Regular Assessments, the Board may levy one (1) or more Special Assessments against all Units for the purpose of defraying, in whole or in part, common expenses not anticipated by the annual budget or reserve funds. For any of the following purposes, a Special Assessment must be approved by at least a majority of the votes in the Association: a.
Acquisition of real property.
5.6.
b.
Construction of additional improvements to the Property repair or replacement of existing improvements.
-not C. Any expenditure that may reasonably be expected to significantly
eal property.
5.6.
b.
Construction of additional improvements to the Property repair or replacement of existing improvements.
-not C. Any expenditure that may reasonably be expected to significantly increase the Association's responsibility and financial obligation for operations, insurance, maintenance, repairs, or replacement.
INDIVIDUAL ASSESSMENTS. In addition to Regular and Special Assessments, the Board may levy an Individual Assessment against a Unit and its Owner.
Individual Assessments may include, but are not limited to: interest, late charges, and collection costs on delinquent Assessments; reimbursement for costs incurred in bringing an Owner or his Unit into compliance with the Documents; fines for violations of the Documents; insurance deductibles; sub-metered utilities serving the Unit; reimbursement for damage or waste caused by willful or negligent acts; common expenses that benefit fewer than all of the Units, which may be assessed according to benefit received; and “pass through" expenses for services to Units provided through the Association and which are equitably paid by each Unit according to benefit received.
5.7.
DEFICIENCY ASSESSMENTS. The Board may levy a Deficiency Assessment against all Units for the purpose of defraying, in whole or in part, the cost of repair or restoration if insurance proceeds or condemnation awards prove insufficient.
5.8. CONTROL FOR ASSESSMENT INCREASES. At least thirty (30) days prior to the effective date of a Special Assessment or increase in Regular Assessments, the Board will notify an Owner of each Unit of the amount of, the budgetary basis for, and the effective date of DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, I
of the amount of, the budgetary basis for, and the effective date of DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, I the Special or increased Regular Assessment. The Special Assessment or increase will automatically become effective unless Owners representing at least a majority of the votes in the Association disapprove the Special Assessment or increase at a meeting of the Association. In that event, the last-approved budget will continue in effect until a revised budget is approved.
5.9. RESERVE FUNDS. The Association will establish, maintain, and accumulate reserves for operations and for replacement and repair. The Association will budget for reserves and use its best efforts to fund reserves out of Regular Assessments.
5.9.1. Operations Reserves. The Association will maintain operations reserves at a level sufficient to cover the cost of operational or maintenance emergencies or contingencies, including the full amount of deductibles on insurance policies maintained by the Association.
5.9.2. Replacement and Repair Reserves. The Association will maintain replacement and repair reserves at a level that anticipates the scheduled replacement or major repair of components of the Common Elements and Area of Common Responsibility.
5.10. ASSOCIATION'S RIGHT TO BORROW MONEY. The Association is granted the right to borrow money, subject to the consent of Owners representing at least a majority of the votes in the Association and the ability of the Association to repay the borrowed funds from Assessments. To assist its ability to borrow, the Association is granted the right to encumber, mortgage, pledge, or deed in trust any of its real or personal property, and the right to assign its
rom Assessments. To assist its ability to borrow, the Association is granted the right to encumber, mortgage, pledge, or deed in trust any of its real or personal property, and the right to assign its right to future income, as security for money borrowed or debts incurred, provided that the rights of the lender in the pledged property are subordinate and inferior to the rights of the respective Owner's lender.
ARTICLE 6 ASSESSMENT LIEN 6.1. ASSESSMENT LIEN. Each Owner, by accepting an interest in or title to a Unit, whether or not it is so expressed in the instrument of conveyance, covenants and agrees to pay Assessments to the Association. Each Assessment is a charge on the Unit and is secured by a continuing lien on the Unit. Each Owner, and each prospective Owner, is placed on notice that his title may be subject to the continuing lien for Assessments attributable to a period prior to the date he purchased his Unit.
6.2. SUPERIORITY OF ASSESSMENT LIEN. The Assessment Lien is superior to all other liens and encumbrances on a Unit, except only for (a) real property taxes and assessments levied by governmental and taxing authorities and (b) a purchase money vendor's lien or deed of trust lien recorded before the date on which the delinquent Assessment became due. The Assessment Lien is superior to a mechanic or materialmen's lien for construction of improvements to the Unit or an assignment of the right to insurance proceeds on the Unit, regardless of when recorded or perfected.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 6.3. EFFECT OF MORTGAGEE'S FORECLOSURE. A Mortgagee's foreclosure of its deed of trust lien extinguishes the Association's Claim against the Unit for unpaid
6.3. EFFECT OF MORTGAGEE'S FORECLOSURE. A Mortgagee's foreclosure of its deed of trust lien extinguishes the Association's Claim against the Unit for unpaid Assessments that became due before the sale, but does not extinguish the Association's Claim against the former Owner. At the Mortgagee's foreclosure sale the purchaser is liable for assessments coming due from and after the date of the sale and for the Owner's pro rata share of the pre-foreclosure deficiency as a common expense.
6.4. NOTICE AND RELEASE OF NOTICE. To evidence the Assessment Lien, the Board may, but is not required to, cause a written notice of the lien to be recorded in the Official Public Records of Dallas County, Texas. After the debt for which the notice was recorded has been cured, the Association may record a release of the notice. The Association may require reimbursement of its costs of preparing and recording the notices before granting the release.
6.5. POWER OF SALE. By accepting an interest in or title to a Unit, each Owner grants to the Association a private power of non-judicial sale in connection with the Association's Assessment Lien. The Board may appoint, from time to time, an Officer, agent, trustee, substitute trustee, or attorney to exercise the power of sale on behalf of the Association.
The appointment must be in writing and may be in the form of a resolution recorded in the minutes of a Board meeting.
6.6. FORECLOSURE OF LIEN. The Assessment Lien may be enforced by judicial or non-judicial foreclosure. A non-judicial foreclosure must be conducted in accordance with the provisions applicable to the exercise of powers of sale as set forth in Section 51.002 of the Texas
ial or non-judicial foreclosure. A non-judicial foreclosure must be conducted in accordance with the provisions applicable to the exercise of powers of sale as set forth in Section 51.002 of the Texas Property Code, or in any manner permitted by law. In any foreclosure, the Owner is required to pay the Association's costs and expenses for the proceedings, including reasonable attorneys' fees. The Association has the power to bid on the Unit at foreclosure sale and to acquire, hold, lease, mortgage, and convey same.
ARTICLE 7 EFFECT OF NONPAYMENT OF ASSESSMENTS An Assessment is delinquent if the Association does not receive payment in full by the Assessment's due date. The Board is responsible for taking action to collect delinquent Assessments. Neither the Board nor the Association, however, is liable to an Owner or other person for its failure or inability to collect or attempt to collect an Assessment. The following remedies are in addition to and not in substitution for all other rights and remedies that the Association has.
7.1. INTEREST. Delinquent Assessments are subject to interest from the due date until paid, at a rate to be determined by the Board from time to time, not to exceed the lesser of eighteen percent (18%) or the maximum permitted by law. If the Board fails to establish a rate, the rate is ten percent (10%) per annum. Interest is an Individual Assessment.
7.2.
LATE FEES. Delinquent Assessments are subject to reasonable late fees, at a rate to be determined by the Board from time to time. Late fees are an Individual Assessment.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 7.3. COLLECTION EXPENSES. The Owner of a Unit against which Assessments
ECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 7.3. COLLECTION EXPENSES. The Owner of a Unit against which Assessments are delinquent is liable to the Association for reimbursement of reasonable costs incurred by the Association to collect the delinquent Assessments, including attorney's fees and processing fees charged by the manager. Collection costs are an Individual Assessment.
7.4. ACCELERATION. If an Owner defaults in paying an Assessment that is payable in installments, the Board may accelerate the remaining installments on ten (10) days' written notice to the defaulting Owner. The entire unpaid balance of the Assessment becomes due on the date stated in the notice.
7.5.
SUSPENSION OF USE AND VOTE. If an Owner's account has been delinquent for at least thirty (30) days, the Board may suspend the right of Owners and its Residents to use Common Elements and common services during the period of delinquency. The Board may not suspend an Owner or its Resident's right of access to the Unit. The board may suspend the right to vote appurtenant to the Unit. Suspension does not constitute a waiver or discharge of the Owner's obligation to pay assessments.
7.6.
MONEY JUDGMENT. The Association may file suit seeking a money judgment against an Owner delinquent in the payment of Assessments, without foreclosing or waiving the Association lien for Assessments.
7.7.
NOTICE TO MORTGAGEE. The Board may notify and communicate with any holder of a lien against a Unit regarding the Owner's default in payment of Assessments.
7.8. APPLICATION OF PAYMENTS. The Board may refuse to accept partial payment, i.e., less than the full amount due and payable. The Board may also refuse to accept
's default in payment of Assessments.
7.8. APPLICATION OF PAYMENTS. The Board may refuse to accept partial payment, i.e., less than the full amount due and payable. The Board may also refuse to accept payments to which the payer attaches conditions or directions contrary to the Board's policy for applying payments. The Association's endorsement and deposit of a payment does not constitute acceptance. Instead, acceptance by the Association occurs when the Association posts the payment to the Unit account. If the Association does not accept the payment at that time, it will promptly refund the payment to the payer.
8.1.
ARTICLE 8 MAINTENANCE AND REPAIR OBLIGATIONS ASSOCIATION MAINTAINS. The Association's maintenance obligations will be discharged when and how the Board deems appropriate. The Association maintains, repairs, and replaces, as a Common Expense, the portions of the Property listed below, regardless of whether the portions are Units or Common Elements. The Association also maintains, as a Common Expense, any component of a Unit delegated to the Association by this Declaration.
8.1.1. All General Common Elements, including, but not limited to, sidewalks, private driveways, landscaping, mailboxes, and any unassigned parking spaces.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 8.1.2. All Limited Common Elements, except as designated herein for Owner responsibility.
8.1.3. Any exterior light fixtures served by the Association's electrical meter.
8.1.4. The outermost exterior materials of the Buildings, including gutters, foundations, and painting.
8.1.5. Any common off-street parking areas.
8.1.6. Porches, driveways, and entryways, except for routine cleaning and
exterior materials of the Buildings, including gutters, foundations, and painting.
8.1.5. Any common off-street parking areas.
8.1.6. Porches, driveways, and entryways, except for routine cleaning and cosmetic maintenance and repair and sidewalks.
8.2.
8.1.7. The exterior of all garage doors.
8.1.8. The Areas of Common Responsibility.
OWNER RESPONSIBILITY. Every Owner has the following responsibilities and obligations for the maintenance, repair, and replacement of the Property.
8.2.1. To maintain, repair, and replace the interior of his Unit, except any components designated as Areas of Common Responsibility.
8.2.2. The routine cleaning and cosmetic maintenance and repair of any patio, porch, balcony, courtyard, or deck areas, if any, being part of his Unit or the Limited Common Element's assigned to his Unit.
8.2.3. To keep the Limited Common Elements appurtenant to his Unit in a neat, clean, odorless, orderly, and attractive condition.
8.2.4. Locks and latches on exterior gates, if any.
8.2.5. To not do any work or to fail to do any work, which, in the reasonable opinion of the board, would materially jeopardize the soundness and safety of the Property, reduce the value thereof, or impair any easement or hereditament thereto.
8.2.6. To be responsible for his own willful or negligent acts and those of his or the Resident's family, guests, agents, employees, or contractors when those acts necessitate maintenance, repair, or replacement to the Common Elements, the Area of Common Responsibility, or the property of another Owner.
8.3. DESIGNATION OF COMMON RESPONSIBILITY. The Association has the right, but not the duty, to designate Areas of Common Responsibility to be maintained, repaired,
y, or the property of another Owner.
8.3. DESIGNATION OF COMMON RESPONSIBILITY. The Association has the right, but not the duty, to designate Areas of Common Responsibility to be maintained, repaired, and replaced by the Association as a common expense. Additions, deletions, or changes in designation must be approved by Owners representing at least a majority of the votes in the DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Association; published and distributed to an Owner of each Unit; and reflected in the Association's annual budget and reserve funds. Any designation applies to every Unit having the designated feature. Unless Owners representing a majority of the votes in the Association decide otherwise, the cost of maintaining the Areas of Common Responsibility will be added to the annual budget and assessed against all Units as a Regular Assessment. The Association will maintain at all times a dated list of the Areas of Common Responsibility for distribution to Owners and prospective purchasers. The Initial Designation of the Areas of Common Responsibility is attached hereto as Appendix F.
8.4.
BEFORE ACQUIRING AN OWNERSHIP INTEREST IN A UNIT, EACH PROSPECTIVE PURCHASER IS STRONGLY ENCOURAGED to contact the Association to obtain and review the most recent designation of Areas of Common Responsibility, which is subject to change from time to time.
OWNER'S DEFAULT IN MAINTENANCE. If the Board determines that an Owner has failed to properly discharge his obligation to maintain, repair, and replace items for which the Owner is responsible, the Board may give the Owner written notice of the Association's intent to provide the necessary maintenance at Owner's expense. The notice must
, and replace items for which the Owner is responsible, the Board may give the Owner written notice of the Association's intent to provide the necessary maintenance at Owner's expense. The notice must state, with reasonable particularity, the maintenance deemed necessary and a reasonable period of time in which to complete the work. If the Owner fails or refuses to timely perform the maintenance, the Association may do so at Owner's expense, which is an individual assessment against the Owner and his Unit. In case of emergency, however, the Board's responsibility to give the Owner written notice may be waived and the Board may take any action it deems necessary to protect persons or property, the cost of the action being the Owner's expense.
8.5. OTHER OWNER OBLIGATIONS. An Owner shall be obligated to repair and replace promptly any broken or cracked windows, doors, garage doors, and garage door mechanical equipment (except the Board shall have the option to allow the Association to cover repair and maintenance of the outer surface of the garage door) or glass attached to his Unit, subject to the Association's right to control the exterior finish and color of the doors. Pipe leaks that are due to breaks, faulty connections, freeze damage, overflows, nails, or protrusions into pipes or protrusions into pipes or appliances which exclusively serve the Owner's Unit and which are the maintenance responsibility of the Owner shall be promptly repaired by the Owner.
Such Owner shall be responsible for any damages and cost of repairs to other Units or Common Areas due to such leaks only if such Owner or Owner's family, guests, tenants, agents, or contractors are negligent or otherwise at fault in causing the leak. Notwithstanding anything to
its or Common Areas due to such leaks only if such Owner or Owner's family, guests, tenants, agents, or contractors are negligent or otherwise at fault in causing the leak. Notwithstanding anything to the contrary contained in this Section, an Owner when exercising his right and responsibility of repair, maintenance, replacement, or remodeling shall never alter in any manner whatsoever, the exterior appearance of his Condominium Unit.
8.6.
SUMMARY OF MAINTENANCE RESPONSIBILITY. Attached as Appendix F is a summary of the maintenance responsibilities pertinent to the Property. In the event of a conflict between this Article 8 and Appendix F, then Appendix F shall control.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, ARTICLE 9 PROPERTY EASEMENTS AND RIGHTS 9.1. GENERAL. In addition to other easements and rights established by the Documents, the Property is subject to the easements and rights contained in this Article.
9.2. RECORDED EASEMENTS AND LICENSES. Title to the condominium and each Unit is subject to all easements, restrictions, liens, leases, and encumbrances recorded against the Property. A description of any recorded easements, restrictions, and encumbrances will be found in Schedule B of the Owner's Title Policy and also will be available through the sales office.
9.3. OWNER'S EASEMENT OF ENJOYMENT. Every Owner is granted a right and easement of enjoyment over the General Common Elements and to use of improvements therein, subject to other rights and easements contained in the Documents. An Owner may delegate this right of enjoyment to the Residents of his Unit.
9.4.
OWNER'S MAINTENANCE EASEMENT. Every Owner is granted an
bject to other rights and easements contained in the Documents. An Owner may delegate this right of enjoyment to the Residents of his Unit.
9.4.
OWNER'S MAINTENANCE EASEMENT. Every Owner is granted an easement over adjoining Units and Common Elements for the maintenance or reconstruction of his Unit, subject to the consent of the Owner of the adjoining Unit, or the Association in the case of Common Elements, and provided the easement does not damage or materially interfere with the use of the adjoining Unit or Common Element. Requests for entry to an adjoining Unit or Common Element will be made in advance for a time reasonably convenient for the adjoining Owner, who may not unreasonably withhold consent. If an Owner damages an adjoining Unit or Common Element in exercising this easement, the Owner is obligated to restore the damaged property to its original condition, at his expense, within a reasonable period of time.
9.5.
OWNER'S INGRESS/EGRESS EASEMENT. Every Owner is granted a perpetual easement over the Property, as may be reasonably required, for unrestricted ingress to and egress from his Unit or the appurtenant Limited Common Elements.
9.6. OWNER'S ENCROACHMENT EASEMENT. Every Owner is granted an easement for the existence and continuance of any encroachment by his Unit on any adjoining Unit or Common Element now existing or which may come into existence hereafter, as a result of construction, repair, shifting, settlement, or movement of any portion of a building, or as a result of condemnation or eminent domain proceedings, so that the encroachment may remain undisturbed so long as the improvement stands.
9.7. ASSOCIATION'S ACCESS EASEMENT. The Association is granted an easement of access and entry into every Unit and Common Element to perform maintenance, to
isturbed so long as the improvement stands.
9.7. ASSOCIATION'S ACCESS EASEMENT. The Association is granted an easement of access and entry into every Unit and Common Element to perform maintenance, to enforce architectural and use restrictions, to respond to emergencies, and to perform any other duties required by the Documents.
9.8. UTILITY EASEMENT. The Association may grant permits, licenses, and .
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, easements over the Common Elements for utilities, roads, and other purposes necessary for the proper operation of the Property. A company or entity, public or private, furnishing utility service to the Property, is granted an easement over the Property for ingress, egress, meter reading, installation, maintenance, repair, or replacement of utility lines and equipment, and to do anything else necessary to properly maintain and furnish utility service to the Property; provided, however, this easement may not be exercised without prior notice to the Board.
Utilities may include, but are not limited to, water, sewer, trash removal, electricity, gas, telephone, master cable television lines, and security.
9.9. MINERAL INTERESTS. Because of the era in which this Declaration is written, there is renewed interest in oil and gas exploration, therefore the following provisions will apply: 9.9.1. Mineral Interests Reserved. On the date of this Declaration, it is expected that all mineral interests will have been reserved by a prior owners of the Property or conveyed pursuant to one (1) or more deeds or other instruments recorded in the Official Public Records of Dallas, County, Texas, including but not limited to rights of ingress and
of the Property or conveyed pursuant to one (1) or more deeds or other instruments recorded in the Official Public Records of Dallas, County, Texas, including but not limited to rights of ingress and egress. Because the instruments conveying or reserving mineral interests were recorded prior to this Declaration, those interests in the Property are superior and are not affected by any provision to the contrary in this Declaration. By accepting title to or interest in a Lot, every Owner acknowledges the existence of the mineral rights and/or reservations referenced in this Article and the attendant rights in favor of the owner or owners of the mineral interests.
9.9.2. Mineral Reservation by Declarant. In the event (1) a mineral interest for any part of the Property has not been reserved or conveyed prior to the Declaration's conveyance of the Property, or (2) a reservation or conveyance of mineral interests is determined to be invalid or to have terminated, Declarant hereby reserves for itself all right, title, and interest in and to the oil, gas, and other minerals in and under and that may be produced from the Property, to have and to hold forever.
9.9.3. Association as Trustee. By accepting title to or interest in a Lot, each Owner acknowledges that any oil, gas, mineral, water, or other natural element in, on, under, or over any part of the Property that has not previously been reserved or conveyed is owned by the Association for the collective and undivided benefit of all Owners of the Property. In support of that purpose, each Owner – by accepting title to or interest in a Lot - irrevocably appoints the Association acting through the Board, as its trustee to negotiate, receive, administer, and distribute the proceeds of any interest in oil, gas,
itle to or interest in a Lot - irrevocably appoints the Association acting through the Board, as its trustee to negotiate, receive, administer, and distribute the proceeds of any interest in oil, gas, mineral, water, or other natural element in, on, under, or over the Owner's Lot and that may be produced from the Owner's Lot for the collective and undivided benefit of all Owners of the Property.
READERS, PLEASE PAY PARTICULAR HEED TO THE NEXT PROVISION TITLED “SECURITY".
9.10. SECURITY. The Association may, but is not obligated to, maintain or support DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, certain activities within the Property designed, either directly or indirectly, to improve safety in or on the Property. Each Owner and Resident acknowledges and agrees, for himself and his guests, that Declarant, the Association, and its Directors, Officers, committees, agents, and employees are not providers, insurers, or guarantors of security within the Property. Each Owner and Resident acknowledges and accepts his sole responsibility to provide security for his own person and property, and assumes all risks for loss or damage to same. Each Owner and Resident further acknowledges that Declarant, the Association, and its Directors, Officers, committees, agents, and employees have made no representations or warranties, nor has the Owner or Resident relied on any representation or warranty, express or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any fire, burglar, and/or intrusion systems recommended or installed, or any security measures undertaken within the Property. Each Owner and Resident acknowledges and agrees that Declarant, the
ve to any fire, burglar, and/or intrusion systems recommended or installed, or any security measures undertaken within the Property. Each Owner and Resident acknowledges and agrees that Declarant, the Association, and its Directors, Officers, committees, agents, and employees may not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken, specifically exterior lighting.
ARTICLE 10 ARCHITECTURAL COVENANTS AND CONTROL 10.1. PURPOSE. Because the Units are part of a single, unified community, the Association has the right and responsibility to regulate the exterior design, use, and appearance of the Units and Common Elements in order to preserve and enhance the Property's value and architectural harmony.
10.2. PROHIBITION OF ALTERATION AND IMPROVEMENT. A person may not make any addition, alteration, or improvement to the Property, or do anything that affects the appearance, use, or structural integrity of the Property, without the prior written consent of the Board. Prohibited acts include, but are not limited to the following: a. Installation of an exterior antenna, microwave or satellite dish, except as permitted by law, receiving or transmitting tower, ornamental iron or burglar bars, storm window or door, exterior lighting, storage shed, basketball goal, tree house, free standing mailbox, trash can enclosure, chimney, skylight, or exterior holiday decorations.
b. Installation of equipment that may create a noise annoyance, such as noise-producing security devices and exterior pumps.
C. Installation of walls, screens, fences, gates, or carports.
d.
Enclosure of garage.
e.
Installation of impermeable decking or other improvement that DECLARATION OF BRYAN PARKWAY CONDOMINIUMS,
umps.
C. Installation of walls, screens, fences, gates, or carports.
d.
Enclosure of garage.
e.
Installation of impermeable decking or other improvement that DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, may interfere with established drainage patterns.
10.3. BOARD APPROVAL. An Owner may not start or maintain construction, alteration, addition, installation, modification, redecoration, or reconstruction of any component of the Property without the Board's prior approval. To request Board approval, an Owner must make written application, including plans and specifications showing the nature, kind, shape, color, size, materials, and locations of the work to be performed. The Board will retain the application, including plans and specifications, for the Association's files.
10.4. DEEMED APPROVAL. If an Owner has not received the Board's written approval or denial within ninety-one (91) days after delivering his application to the Board, the Owner may presume that his request has been approved by the Board. The Owner may then proceed with the improvement, provided he adheres to the plans and specifications, which accompanied his application, and provided he initiates and completes the improvement in a timely manner.
10.5. PRIOR APPROVAL. Notwithstanding the foregoing, no permission or approval is required for work that strictly complies with guidelines, plans, specifications, or policies previously developed and approved for all Units by the Board and still in effect at the time work is initiated. Written approval for specified improvements or alterations on certain Units or Limited Common Elements does not constitute approval for all Units and Limited Common Elements.
e time work is initiated. Written approval for specified improvements or alterations on certain Units or Limited Common Elements does not constitute approval for all Units and Limited Common Elements.
10.6. NO APPROVAL REQUIRED. No approval is required to repaint exteriors in accordance with a Board-approved color scheme, or to rebuild a Unit in accordance with originally approved plans and specifications. Nor is approval required for an Owner to remodel or repaint the interior of a Unit, provided the work does not impair the structural soundness of the building.
ARTICLE 11 LIMITATIONS ON LEASING 11.1. SUBJECT TO DOCUMENTATION. All leasehold tenants are subject to the Declaration.
11.2. CONDITIONS OF LEASE. In addition to any other limitations on leasing set out in this Declaration, (a) no Unit may be rented for transient or hotel purposes or for a period less than two (2) months; (b) no Unit may be subdivided for rental purposes, and not less than an entire unit may be leased; (c) all leases must be in writing and must be made subject to the Documents; (d) an Owner is responsible for providing his tenant with copies of the Documents and notifying him of changes thereto; and (e) each tenant is subject to and must comply with all provisions of the Documents, Federal and State laws, and local ordinances.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 11.3. EVICTION OF TENANTS. Every lease agreement on a Unit, whether written or oral, express or implied, is subject to and is deemed to include the following provisions: 11.3.1.
Violation Constitutes Default. Failure by the tenant or his invitees to comply with the Documents, Federal or State law, or local ordinance is
nd is deemed to include the following provisions: 11.3.1.
Violation Constitutes Default. Failure by the tenant or his invitees to comply with the Documents, Federal or State law, or local ordinance is deemed to be a default under the lease. When the Association notifies an Owner of his tenant's violation, the Owner will promptly obtain his tenant's compliance or exercise his rights as a landlord for tenant's breach of lease. If the tenant's violation continues or is repeated, and if the Owner is unable, unwilling, or unavailable to obtain his tenant's compliance, then the Association has the power and right to pursue the remedies of a landlord under the lease or State law for the default, including eviction of the tenant, subject to the terms of this Section.
11.3.2.
Association as Attorney-in-Fact. Notwithstanding the absence of an express provision in the lease agreement for enforcement of the Documents by the Association, each Owner appoints the Association as his attorney in fact, with full authority to act in his place in all respects, solely for the purpose of enforcing the Documents against his tenants, including but not limited to the authority to institute forcible detainer proceedings against his tenant on his behalf, provided the Association gives the Owner at least ten (10) days' notice, by certified mail, of its intent to so enforce the Documents.
11.3.3.
Association Not Liable for Damages. The Owner of a leased Unit is liable to the Association for any expenses incurred by the Association in connection with enforcement of the Documents against his tenant. The Association is not liable to the Owner for any damages, including lost rents, suffered by the Owner in relation to the Association's enforcement of the Documents against the Owner's tenant.
enant. The Association is not liable to the Owner for any damages, including lost rents, suffered by the Owner in relation to the Association's enforcement of the Documents against the Owner's tenant.
11.4. MORTGAGEES & DECLARANT EXEMPT. A Mortgagee acquiring possession of or title to a Unit by exercise of its rights under a deed of trust is exempt from the effect of this Article. This exemption does not pass to the Mortgagee's successors and assigns.
During the Development Period, Declarant or its successors and assigns are exempt from the effect of this Article.
ARTICLE 12 USE RESTRICTIONS 12.1. ASSOCIATION'S RIGHT TO PROMULGATE RULES. The Association, acting through its Board, is granted the right to adopt, amend, repeal, and enforce reasonable Rules, and penalties for infractions thereof, regarding the occupancy, use, disposition, maintenance, appearance, and enjoyment of the Property.
12.2. RULES AND REGULATIONS. In addition to the restrictions contained in this Article, each Unit is owned and occupied subject to the right of the Board to establish Rules, and penalties for infractions thereof, governing: DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, a. The types, sizes, numbers, conditions, uses, and locations of motorized and recreational vehicles on the Property.
b. The use of a private street and/or driveways within the Property, including speed limits and parking restrictions.
c.
d.
the Property.
e.
Property.
f.
g.
The disposal of trash, including types and locations of containers.
Hazardous, illegal or annoying materials or activities in and upon The use and maintenance of a private security system for the The occupancy and leasing of Units.
g types and locations of containers.
Hazardous, illegal or annoying materials or activities in and upon The use and maintenance of a private security system for the The occupancy and leasing of Units.
The wasteful consumption of utilities billed to the Association.
The use, maintenance, and appearance of windows, garages, porches, and private entrances, if any, visible from the street or other Units.
h.
i.
the Property.
The types, sizes, numbers, locations, and behavior of animals at j. Anything that interferes with maintenance of the Property, operation of the Association, administration of the Documents, or the quality of life for Residents.
12.3. RESIDENTIAL USE. The use of a Unit is limited exclusively to residential purposes or any other use permitted by this Declaration. This residential restriction does not, however, prohibit a resident from using the Unit for personal business or professional pursuits provided that: (a) the uses are incidental to the use of the Unit as a dwelling, (b) the uses conform to all applicable governmental ordinances, (c) there is no external evidence of the uses, and (d) public.
the uses do not entail visits to the Unit by employees or the 12.4. OCCUPANCY OF UNITS. The Board may adopt rules regarding the occupancy of Units for business office and professional purposes. If the Rules fail to establish occupancy standards, no more than two (2) persons per bedroom may occupy a Unit on a regular basis and DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, no lease shall be for less than two (2) months or be used for hotel or transient purposes. A person may not occupy a Unit if the person constitutes a direct threat to the health or safety of
d 6/17/16 no lease shall be for less than two (2) months or be used for hotel or transient purposes. A person may not occupy a Unit if the person constitutes a direct threat to the health or safety of other persons, or if the person's occupancy would result in substantial physical damage to the property of others.
12.5. ANNOYANCE. No Unit or Limited Common Element may be used in any way that: (a) may reasonably be considered annoying to neighbors; (b) may be calculated to reduce the desirability of the Property as a residential community; (c) may endanger the health or safety of Owners or Residents; (d) may result in the cancellation of insurance on the buildings, or (e) will violate any law. The Board has the sole authority to determine what constitutes an annoyance.
12.6. ANIMAL RESTRICTIONS. No animal, bird, fish, reptile, or insect of any kind may be kept, maintained, raised, or bred anywhere on the Property for any commercial purpose.
Household pets may be kept subject to the Rules. A household pet means a house dog, a house cat, a small caged bird, or aquarium fish. If the Rules fail to establish animal occupancy quotas, no more than two (2) dogs or cats, or one (1) dog and one (1) cat, may be maintained in each Unit. Permission to maintain other types or additional numbers of household pets must be obtained in writing from the Board.
12.7. APPEARANCE RESTRICTIONS. Both the exterior and interior of the Units, must be maintained in a manner so as not to be unsightly when viewed from the street or neighboring Units. The Board will be the arbitrator of acceptable appearance standards.
12.8. WINDOW RESTRICTIONS. All window treatments within the Unit, that are visible from the street or another Unit, must be white in color or stained wood unless authorized
table appearance standards.
12.8. WINDOW RESTRICTIONS. All window treatments within the Unit, that are visible from the street or another Unit, must be white in color or stained wood unless authorized in writing by the Board.
12.9. SIGN RESTRICTIONS. For sale or for lease signs may be placed in front of each Unit facing a driveway. An additional sign may be placed at the end of a building with a rider saying "interior unit”.
12.10. GARAGE RESTRICTIONS. The original garage area of a Unit may not be enclosed or used for any purpose that would prohibit the parking of operable vehicles therein, without the Board's written authorization. Any automatic garage door opener is to be maintained by its Owner. Garage doors are to be kept closed at all times except when a vehicle is entering or leaving or an Owner is inside the garage.
12.11. VEHICLE RESTRICTIONS. All vehicles on the Property, whether owned or operated by the Residents or their families and guests, are subject to the following restrictions: 12.11.1. Types. No large commercial-type vehicle, mobile home, motor home, camper, bus, trailer, boat, aircraft, inoperable vehicle, or any other similar vehicle or any vehicular equipment, mobile or otherwise, which the Board deems to be a nuisance, unsightly, or inappropriate may be kept, parked, or stored anywhere on the DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Property unless used for daily transportation and, in that event, subject to Board approval.
12.11.2. Repairs. Repairs or restorations of vehicles are prohibited on driveways or the private street; however, car washing is approved, subject to the provisions of Subsection 12.11.3 below, unless subsequently disallowed by the Board.
ons of vehicles are prohibited on driveways or the private street; however, car washing is approved, subject to the provisions of Subsection 12.11.3 below, unless subsequently disallowed by the Board.
12.11.3.
Obstruction. No vehicle may obstruct the flow of traffic, constitute a nuisance, or otherwise create a safety hazard on the private street.
12.11.4. Removal. The Association may effect the removal of any vehicle in violation of this Section or Rules regulating vehicles.
12.12. LANDSCAPING RESTRICTIONS. No person may perform landscaping, planting, or gardening anywhere upon the Property, except within fenced or enclosed Limited Common Areas, without the Board's prior written authorization.
12.13. DRAINAGE RESTRICTIONS. No person may interfere with the established drainage pattern over any part of the Property unless an adequate alternative provision for proper drainage has been approved by the Board.
12.14. STRUCTURAL INTEGRITY. No person may directly or indirectly impair the structural soundness or integrity of a building or another Unit, nor do any work that will impair an easement or hereditament.
12.15. SPECIFIC USES. Except for ingress and egress, the front yards, sidewalks, and driveways on the Property may not be used for any purpose that has not been authorized in writing by the Board.
ARTICLE 13 MORTGAGEE PROTECTION 13.1. INTRODUCTION. This Article is supplemental to, not a substitution for, any other provision of the Documents. In case of conflict, this Article controls. Some Sections of this Article apply to "Mortgagees," as defined in Article I. Other Sections apply to "Eligible Mortgagees," as defined below.
13.2. AMENDMENT. This Article establishes certain standards for the benefit of
Article apply to "Mortgagees," as defined in Article I. Other Sections apply to "Eligible Mortgagees," as defined below.
13.2. AMENDMENT. This Article establishes certain standards for the benefit of Underwriting Lenders, and is written to comply with their requirements and guidelines in effect at the time of drafting. If an Underwriting Lender subsequently changes its requirements, the Board, without approval of Owners or Mortgagees, may amend this Article and other provisions of the Documents, as necessary, to meet the requirements of the Underwriting Lender.
13.3. KNOWN MORTGAGEES. An Owner who mortgages his Unit will notify the DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Association, giving the complete name and address of his Mortgagee and the loan number. The Association's obligations to Mortgagees under the Documents extend only to those Mortgagees known to the Association. All actions and approvals required by Mortgagees will be conclusively satisfied by the Mortgagees known to the Association, without regard to other holders of mortgages on Units. The Association may rely on the information provided by Owners and Mortgagees.
13.4. ELIGIBLE MORTGAGEES. "Eligible Mortgagee" means the holder, insurer, or guarantor of a first purchase money mortgage secured by a recorded deed of trust lien against a Unit who has submitted to the Association a written notice containing its name and address, the loan number, and the identifying number and street address of the mortgaged Unit. A single notice per Unit will be valid so long as the Eligible Mortgagee holds a mortgage on the Unit.
The Board will maintain this information. The Association will treat the notice as the Eligible
. A single notice per Unit will be valid so long as the Eligible Mortgagee holds a mortgage on the Unit.
The Board will maintain this information. The Association will treat the notice as the Eligible Mortgagee's request to be notified of any proposed action requiring the consent of Eligible Mortgagees. A provision of the Documents requiring the approval of a specified percentage of Eligible Mortgagees will be based on the number of Units subject to mortgages held by Eligible Mortgagees. For example, "fifty-one percent (51%) of Eligible Mortgagees" means Eligible Mortgagees of fifty-one percent (51%) of the Units that are subject to mortgages held by Eligible Mortgagees.
13.5. NOTICE OF ACTIONS. The Association will use its best efforts to send timely written notice to Eligible Mortgagees of the following actions: a.
Any condemnation or casualty loss that affects a material portion of the Property or the mortgaged Unit.
b. Any sixty (60)-day delinquency in the payment of assessments or charges owed by the Owner of the mortgaged Unit.
C.
A lapse, cancellation, or material modification of any insurance policy maintained by the Association.
d. Any proposed action that requires the consent of a specified percentage of Eligible Mortgagees.
Article.
e. Any proposed amendment of a material nature, as provided in this f. Any proposed termination of the condominium status of the Property.
13.6. LAWSUITS.
13.6.1. Association Approval. Special assessments for the cost of a lawsuit or other legal action by the Association may not be levied, except with the approval of DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, seventy-five percent (75%) of the weighted votes in the Association and by at least
OF BRYAN PARKWAY CONDOMINIUMS, seventy-five percent (75%) of the weighted votes in the Association and by at least seventy-five percent (75%) of Eligible Mortgagees.
13.6.2. Association Standing. The Association does not have standing to bring a lawsuit against the Declarant on behalf of an Owner of a Unit for construction defects.
Any such action will be brought solely by the Unit Owner or Owners, individually.
13.7. AMENDMENTS OF A MATERIAL NATURE. A Document amendment of a material nature must be approved by Owners representing at least sixty-seven percent (67%) of the weighted votes in the Association, and by at least fifty-one percent (51%) of Eligible Mortgagees. This approval requirement does not apply to amendments effected by the exercise of a Development Right. A change to any of the provisions governing the following would be considered material: a.
b.
Voting rights.
Increases in assessments that raise the previously assessed amount by more than twenty-five percent (25%), Assessment Liens, or the priority of Assessment Liens.
C.
Reductions in reserves for maintenance, repair, and replacement of Common Elements.
d.
Responsibility for maintenance and repairs.
e. Reallocation of interests in the General or Limited Common Elements, or rights to their use; except that when Limited Common Elements are reallocated by agreement between Owners, only those Owners and only the Eligible Mortgagees holding mortgages against those Units need approve the action.
f.
Redefinitions of boundaries of Units, except that when boundaries of only adjoining Units are involved, or a Unit is being subdivided, then only those Owners and the Eligible Mortgagees holding mortgages against the Unit or
ries of Units, except that when boundaries of only adjoining Units are involved, or a Unit is being subdivided, then only those Owners and the Eligible Mortgagees holding mortgages against the Unit or Units need approve the action.
g.
Convertibility of Units into Common Elements or Common Elements into Units.
h.
Expansion or contraction of the Property, or the addition, annexation, or withdrawal of property to or from the Property.
i.
Hazard or fidelity insurance requirements.
j.
Imposition of any restrictions on the leasing of Units.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, k.
their Units.
1.
Imposition of any restrictions on Owners' right to sell or transfer If the Property consists of fifty (50) Units or more, a decision by the Association to establish self-management when professional management had been required previously by the Documents or an Eligible Mortgagee.
m.
Restoration or repair of the Property, in a manner other than that specified in the Documents, after hazard damage or partial condemnation.
n. Any provision that expressly benefits mortgage holders, insurers, or guarantors, including this Section 13.7.
13.8. TERMINATION. An action to terminate the legal status of the Property after substantial destruction or condemnation must be approved by Owners representing at least sixty-seven percent (67%) of the weighted votes in the Association, and by at least fifty-one percent (51%) of Eligible Mortgagees. An action to terminate the legal status for reasons other than substantial destruction or condemnation must be approved by at least sixty-seven percent (67%) of Eligible Mortgagees.
13.9. IMPLIED APPROVAL. The approval of an Eligible Mortgagee is implied when
han substantial destruction or condemnation must be approved by at least sixty-seven percent (67%) of Eligible Mortgagees.
13.9. IMPLIED APPROVAL. The approval of an Eligible Mortgagee is implied when the Eligible Mortgagee fails to respond with a written response of approval or objection within sixty (60) days after receiving the Association's written request for approval of a proposed amendment, provided the Association's request was delivered by certified or registered mail, return receipt requested.
13.10. INSPECTION OF BOOKS. The Association will maintain current copies of the Documents and the Association's books, records, and financial statements. Mortgagees may inspect the Documents and records, by appointment, during normal business hours.
13.11. FINANCIAL STATEMENTS. If the Property consists of fifty (50) Units or more, and if a Mortgagee submits a written request, the Association will give the Mortgagee an audited statement for the preceding fiscal year within one hundred and twenty (120) days after the Association's fiscal year-end. A Mortgagee may have an audited statement prepared at its own expense.
13.12. ATTENDANCE AT MEETINGS. A representative of an Eligible Mortgagee may attend and address any meeting, which an Owner may attend.
13.13. MANAGEMENT CONTRACT. If professional management of the Association is required by this Article, the contract for professional management may not require more than ninety (90) days' notice to terminate the contract, nor payment of a termination penalty.
13.14. INSURANCE POLICIES.
13.14.1. Notice of Cancellation. Insurance policies maintained by the DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Created 6/17/16
13.14.1. Notice of Cancellation. Insurance policies maintained by the DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Created 6/17/16 Association should require the insurer to notify in writing each Mortgagee named in the mortgage clause at least ten (10) days before the insurer cancels or substantially changes the Association's coverage. Additionally, the Association will use its best efforts to send timely written notice to Eligible Mortgagees of a lapse, cancellation, or material modification of any insurance policy maintained by the Association.
13.14.2. Insurance Carrier. The Association's hazard insurance policy must be written by an insurance carrier that meets or exceeds the requirements, from time to time, of an Underwriting Lender. The initial requirements are those in the most current Fannie Mae's Selling Guide, Section 701.01, Part VI, which are incorporated herein by reference.
13.14.3. Policy Deductible. The deductible on the Association's hazard insurance policy must not exceed the maximum limits permitted by an Underwriting Lender. The initial deductible requirements for hazard insurance policies are those in the most current Fannie Mae's Selling Guide, Section 701.03, Part VI, which requires a maximum deductible in an amount that is the lesser of $10,000 or one percent (1%) of the policy face amount. Funds to cover the deductible should be included in the Association's operating reserve account.
13.14.4.
Full Replacement Cost. The Association's hazard insurance policy should cover one hundred percent (100%) of the insurable replacement cost of the insurable improvements, as required by an Underwriting Lender. The initial amount
Association's hazard insurance policy should cover one hundred percent (100%) of the insurable replacement cost of the insurable improvements, as required by an Underwriting Lender. The initial amount requirements are those in the most current Fannie Mae's Selling Guide, Section 701.03, Part VI, which permits use of a guaranteed replacement cost endorsement, or a replacement cost endorsement, together with an agreed amount endorsement in case of coinsurance.
13.14.5.
Endorsements. The Association will obtain endorsements to its hazard insurance policy as required by an Underwriting Lender. The initial endorsement requirements are those in the most current Fannie Mae's Selling Guide, Section 701.03, Part VI, which requires an inflation guard endorsement, if available; building ordinance or law endorsement; and steam boiler and machinery coverage endorsement, if applicable.
13.14.6.
Liability Coverage. The amount of the Association's liability insurance should be at least that required by an Underwriting Lender. The initial endorsement requirements are those in the most current Fannie Mae's Selling Guide, Section 703, Part VI, which requires a minimum of $1 million for bodily injury and property damage per single occurrence.
ARTICLE 14 AMENDMENTS DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 14.1. CONSENTS REQUIRED. As permitted by the Act or by this Declaration, certain amendments of this Declaration may be executed by Declarant alone, or by certain Owners alone, or by the Board alone. Otherwise, amendments to this Declaration must be approved by Owners representing at least sixty-seven percent (67%) of the weighted votes in the Association.
tain Owners alone, or by the Board alone. Otherwise, amendments to this Declaration must be approved by Owners representing at least sixty-seven percent (67%) of the weighted votes in the Association.
14.2. METHOD OF AMENDMENT. This Declaration may be amended by any method selected by the Board from time to time, pursuant to the bylaws, provided the method gives an Owner of each Unit the substance if not exact wording of the proposed amendment, a description in layman's terms of the effect of the proposed amendment, and an opportunity to vote for or against the proposed amendment. For amendments requiring the consent of Eligible Mortgagees, the Association will send each Eligible Mortgagee a detailed description, if not exact wording, of any proposed amendment.
14.3. EFFECTIVE. To be effective, an amendment must be in the form of a written instrument (i) referencing the name of the Property, the name of the Association, and the recording data of this Declaration and any amendments hereto; (ii) signed and acknowledged by an Officer of the Association, certifying the requisite approval of Owners and, if required, Eligible Mortgagees; and (iii) recorded in the Official Public Records of every county in which the Property is located.
14.4. DECLARANT PROVISIONS. No amendment may affect Declarant's rights under this Declaration or the Act without Declarant's written and acknowledged consent, which must be part of the recorded amendment instrument. Although Declarant certifies that, to Declarant's knowledge, Appendix E contains all the information required by the Act, Declarant nonetheless reserves the right to amend Appendix E, in whole or in part, to correct any technical errors or deficiencies. Because Appendix E of this Declaration is destined to become obsolete,
clarant nonetheless reserves the right to amend Appendix E, in whole or in part, to correct any technical errors or deficiencies. Because Appendix E of this Declaration is destined to become obsolete, the Board may restate, rerecord, or publish this Declaration without Appendix E, provided the other appendixes are not re-lettered. The automatic expiration and subsequent deletion of Appendix E does not constitute an amendment of this Declaration. This Section may not be amended without Declarant's written and acknowledged consent.
ARTICLE 15 INSURANCE 15.1. GENERAL PROVISIONS. All insurance affecting the Property is governed by the provisions of this Article, with which the Board will make every reasonable effort to comply, including the following: 15.1.1.
Common Expense. The cost of insurance coverages and bonds maintained by the Association is a common expense.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 15.1.2.
Insurer. Insurance policies and bonds obtained and maintained by the Association must be issued by responsible insurance companies authorized to do business in the State of Texas. The hazard insurance policy must be written by a company that complies with the Subsection 13.14.2. of this Declaration.
15.1.3.
Insured. The Association must be the named insured on all policies obtained by the Association. The loss payee clause should show the Association as trustee for each Owner and Mortgagee.
15.1.4.
Subrogation. Policies of casualty and general liability insurance maintained by the Association must provide that the insurer waives its rights to subrogation under the policy against an Owner.
15.1.5.
Association as Trustee. Each Owner irrevocably appoints the
ance maintained by the Association must provide that the insurer waives its rights to subrogation under the policy against an Owner.
15.1.5.
Association as Trustee. Each Owner irrevocably appoints the Association, acting through its board, as his trustee to negotiate, receive, administer, and distribute the proceeds of any Claim against an insurance policy maintained by the Association.
15.1.6.
Notice of Cancellation or Modification. Each insurance policy maintained by the Association should contain a provision requiring the insurer to give prior written notice, as provided by the Act, to the Board before the policy may be canceled, terminated, materially modified, or allowed to expire, by either the insurer or the insured. To the extent required by Subsection 13.14.1 of this Declaration, the Board will give to Eligible Mortgagees, and the insurer will give to Mortgagees, prior notices of cancellation, termination, expiration, or material modification.
15.1.7. Deductibles. An insurance policy obtained by the Association may contain a reasonable deductible, which will be paid by the party who would be liable for the loss or repair in the absence of insurance. If a loss is due wholly or partly to an act or omission of an Owner or Resident or their invitees, the Owner must reimburse the Association for the amount of the deductible that is attributable to the act or omission. The Association's hazard insurance policy must be written with deductibles that meet or exceed the requirements of Subsection 13.14.3. of this Declaration.
15.1.8.
Mortgage Clause. The Association's policies should contain the standard mortgage clause naming either the Mortgagee or its servicer followed by "its successors and assigns."
15.1.9.
claration.
15.1.8.
Mortgage Clause. The Association's policies should contain the standard mortgage clause naming either the Mortgagee or its servicer followed by "its successors and assigns."
15.1.9.
Prejudice. The insurance will not be prejudiced by the act or omission of any Owner or Resident who is not under the Association's control.
15.2. CASUALTY OR HAZARD INSURANCE. The Association will obtain blanket all-risk insurance, if reasonably available, for all improvements insurable by the Association. If blanket all-risk insurance is not reasonably available, then at a minimum, the Association will obtain an insurance policy providing fire and extended coverage. This insurance must be in an DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, amount sufficient to cover one hundred percent (100%) of the replacement cost of any repair or reconstruction in event of damage or destruction from any insured hazard.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 15.2.1.
Common Property Insured. The Association will insure (a) General Common Elements; (b) Limited Common Elements; and (c) property owned by the Association including, if any, records, furniture, fixtures, equipment, and supplies.
15.2.2.
Units Insured by Association. In addition to insuring the Common Elements against casualty loss, the Association shall/may maintain casualty insurance on the Units, either as originally constructed or including betterments and improvements installed by Owners. In insuring Units, the Association may be guided by types of policies customarily available for similar types of properties. If substantial
including betterments and improvements installed by Owners. In insuring Units, the Association may be guided by types of policies customarily available for similar types of properties. If substantial portions of Units are designated as Areas of Common Responsibility, then the Association shall maintain casualty insurance on the Units. The Initial Designation of Areas of Common Responsibility attached hereto as Appendix F warrants insurance of Units by the Association.
15.2.3.
Endorsements.
To the extent reasonably available, the Association will obtain endorsements to its hazard insurance policy as required by Subsection 13.14.5. of this Declaration.
15.3. LIABILITY INSURANCE. The Association will maintain a commercial general liability insurance policy over the Common Elements -- expressly excluding the liability of each Owner and Resident within his Unit -- for bodily injury and property damage resulting from the operation, maintenance, or use of the Common Elements. The amount of coverage should be at least that required by Subsection 13.14.6. of this Declaration. If the policy does not contain a severability of interest provision, it should contain an endorsement to preclude the insurer's denial of an Owner's Claim because of negligent acts of the association or other Owners.
15.4. WORKER'S COMPENSATION. The Association may maintain worker's compensation insurance if and to the extent necessary to meet the requirements of State law or if the Board so chooses.
15.5. FIDELITY COVERAGE. To the extent reasonably available, the Association will maintain blanket fidelity coverage for any person who handles or is responsible for funds held or administered by the Association, whether or not the person is paid for his services. The
ociation will maintain blanket fidelity coverage for any person who handles or is responsible for funds held or administered by the Association, whether or not the person is paid for his services. The policy should be for an amount that exceeds the greater of (a) the estimated maximum funds, including reserve funds that will be in the Association's custody at any time the policy is in force; or (b) an amount equal to three (3) months of Regular Assessments on all Units. A management agent that handles Association funds should be covered for its own fidelity insurance policy with the same coverages.
15.6. DIRECTORS' AND OFFICERS' LIABILITY. The Association may maintain Directors' and Officers' liability insurance, errors and omissions insurance, indemnity bonds, or other insurance the Board deems advisable to insure the Association's Directors, Officers, committee members, and managers against liability for an act or omission in carrying out their duties in those capacities.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 15.7. MORTGAGEE REQUIRED POLICIES. Unless coverage is not available or has been waived in writing, the Association will maintain any insurance and bond required by an Underwriting Lender for condominium developments as long as an Underwriting Lender is a Mortgagee or an Owner.
15.8. OTHER POLICIES. The Association may maintain any insurance policies and bonds deemed by the Board to be necessary or desirable for the benefit of the Association.
15.9. OWNER'S RESPONSIBILITY FOR INSURANCE.
15.9.1.
Insurance by Owners. Notwithstanding the foregoing, the Board may establish minimum insurance requirements, including types and minimum amounts
ion.
15.9. OWNER'S RESPONSIBILITY FOR INSURANCE.
15.9.1.
Insurance by Owners. Notwithstanding the foregoing, the Board may establish minimum insurance requirements, including types and minimum amounts of coverage, to be individually obtained and maintained by Owners if the insurance is deemed necessary or desirable by the Board to reduce potential risks to the Association or other Owners. If an Owner fails to maintain required insurance, the Board may obtain it on behalf of the Owner who will be obligated for the cost as an Individual Assessment.
15.9.2.
Owners' Responsibilities. If the Association insures the Unit, the Owner, if requested, will give the Board written notification of structural changes, additions, betterments, or improvements to his Unit, and any other information the Board may require to maintain adequate levels of insurance coverage. Each Owner will comply with reasonable requests by the Board for periodic inspection of the Unit for purposes of insurance appraisal. If the Association does not insure the Unit, then the Owner must insure the Unit at the Owner's expense. Each Owner, at his expense, will maintain any insurance coverages required of Owners by the Association pursuant to this Article. Each Owner, at his expense, is entitled to obtain additional insurance coverage of his real property, improvements, and betterments thereto, or personal property.
15.9.3.
Association Does Not Insure. The Association does not insure an Owner or Resident's personal property. Each Owner and Resident is solely responsible for insuring his personal property in his Unit and on the Property, including furnishings, vehicles, and stored items. The Association strongly recommends that each Owner and Resident purchase and maintain insurance on his personal belongings.
nit and on the Property, including furnishings, vehicles, and stored items. The Association strongly recommends that each Owner and Resident purchase and maintain insurance on his personal belongings.
ARTICLE 16 RECONSTRUCTION OR REPAIR AFTER LOSS 16.1. SUBJECT TO ACT. The Association's response to damage or destruction of the Property will be governed by Section 82.111(i) of the Act. The following provisions apply to the extent the Act is silent.
16.2. RESTORATION FUNDS. For purposes of this Article, Restoration Funds DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, include insurance proceeds, condemnation awards, Deficiency Assessments, Individual Assessments, and other funds received on account of or arising out of injury or damage to the Property. All funds paid to the Association for purposes of repair or restoration will be deposited in a financial institution in which accounts are insured by a Federal agency.
Withdrawal of Restoration Funds requires the signatures of at least two (2) Directors or that of an agent duly authorized by the Board.
16.2.1.
Sufficient Proceeds. If Restoration Funds obtained from insurance proceeds or condemnation awards are sufficient to repair or restore the damaged or destroyed Property, the Association, as trustee for the Owners, will promptly apply the funds to the repair or restoration.
16.2.2.
Insufficient Proceeds. If Restoration Funds are not sufficient to pay the estimated or actual costs of restoration as determined by the Board, the Board may levy a Deficiency Assessment against the Owners to fund the difference.
16.2.3.
Surplus Funds. If the Association has a surplus of Restoration
of restoration as determined by the Board, the Board may levy a Deficiency Assessment against the Owners to fund the difference.
16.2.3.
Surplus Funds. If the Association has a surplus of Restoration Funds after payment of all costs of repair and restoration, the surplus will be applied as follows. If Deficiency Assessments were a source of Restoration Funds, the surplus will be paid to Owners in proportion to their contributions resulting from the Deficiency Assessment levied against them; provided that no Owner may receive a sum greater than that actually contributed by him, and further provided that any delinquent Assessments owed by the Owner to the Association will first be deducted from the surplus. Any surplus remaining after the disbursement described in the foregoing section will be common funds of the Association to be used as directed by the Board.
16.3. COSTS AND PLANS.
16.3.1.
Cost Estimates. Promptly after the loss, the Board will obtain reliable and detailed estimates of the cost of restoring the damaged Property. Costs may include premiums for bonds and fees for the services of professionals, as the Board deems necessary, to assist in estimating and supervising the repair.
16.3.2.
Plans and Specifications. Common Elements will be repaired and restored substantially as they existed immediately prior to the damage or destruction.
Units will be repaired and restored substantially in accordance with original construction plans and specifications, unless the Association insures betterments and improvements made by Owners, in which case the Units will be repaired and restored substantially as they existed immediately prior to the damage or destruction. Alternate plans and specifications for repair and restoration of either Common Elements or Units must be
ired and restored substantially as they existed immediately prior to the damage or destruction. Alternate plans and specifications for repair and restoration of either Common Elements or Units must be approved by Owners representing at least sixty-seven percent (67%) of the weighted votes in the Association.
16.4. OWNER'S DUTY TO REPAIR.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 16.4.1.
Uninsured Loss. Within sixty (60) days after the date of damage, the Owner will begin repair or reconstruction of any portion of his Unit not covered by the Association's blanket insurance policy, subject to the right of the Association to supervise, approve, or disapprove repair or restoration work.
16.4.2.
Insured Loss. If the loss to a Unit is covered by the Association's insurance policy, the Owner will begin or facilitate repair or restoration of damage when funds are available to the Association, subject to the right of the Association to perform, supervise, approve, or disapprove the repair or restoration work.
16.4.3.
Failure to Repair. If an Owner fails to repair or restore damage as required by this Section, the Association may effect the necessary repairs and levy an Individual Assessment against the Owner and Unit for the cost thereof, after giving the Owner reasonable notice of the Association's intent to do so.
If repair or 16.5. OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE.
restoration of Common Elements or Units is required as a result of an insured loss, the Board may levy an Individual Assessment, in the amount of the insurance deductible, against the Owner or Owners who would be responsible for the cost of the repair or reconstruction in the absence of insurance.
ARTICLE 17
ividual Assessment, in the amount of the insurance deductible, against the Owner or Owners who would be responsible for the cost of the repair or reconstruction in the absence of insurance.
ARTICLE 17 TERMINATION AND CONDEMNATION 17.1. ASSOCIATION AS TRUSTEE. Each Owner hereby irrevocably appoints the Association, acting through its Board, as trustee to deal with the Property in the event of damage, destruction, obsolescence, condemnation, or termination of all or any part of the Property. As trustee, the Association will have full and complete authority, right, and power to do all things reasonable and necessary to effect the provisions of this Declaration and the Act, including, without limitation, the right to receive, administer, and distribute funds, awards, and insurance proceeds; to effect the sale of the Property as permitted by this Declaration or by the Act; and to make, execute, and deliver any contract, deed, or other instrument with respect to the interest of an Owner.
17.2. TERMINATION. Termination of the terms of this Declaration and the condominium status of the Property will be governed by Section 82.068 of the Act, subject to the following provisions: 17.2.1.
Substantial Taking. In the event of substantially total damage, destruction, or condemnation of the Property, an amendment to terminate must be approved by Owners representing at least sixty-seven percent (67%) of the weighted votes in the Association and by certain Mortgagees pursuant to Article 13 of this Declaration.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 17.2.2.
Total Taking. In the event of condemnation of the entire Property, an amendment to terminate may be executed by the Board without a vote of
17.2.2.
Total Taking. In the event of condemnation of the entire Property, an amendment to terminate may be executed by the Board without a vote of Owners or Mortgagees.
17.2.3.
Other Circumstances. In all other circumstances, an amendment to terminate must be approved by Owners representing at least eighty percent (80%) of the weighted votes in the Association and by certain Mortgagees pursuant to Article 13 of this Declaration.
17.3. CONDEMNATION. The Association's response to condemnation through eminent domain of any part of the Property will be governed by Section 82.007 of the Act. On behalf of Owners, but without their consent, the Board may execute an amendment of this Declaration to reallocate allocated interests following condemnation and to describe the altered parameters of the Property. If the Association replaces or restores Common Elements taken by condemnation by obtaining other land or constructing additional improvements, the Board may, to the extent permitted by law, execute an amendment without the prior consent of Owners to describe the altered parameters of the Property and any corresponding change of facilities or improvements.
ARTICLE 18 ASSOCIATION OPERATIONS 18.1. INDEMNIFICATION. The Association indemnifies every Officer, Director, the Declarant and Officers and Directors appointed by it, and each committee member (for purposes of this Section, "Leaders") against expenses, including attorney's fees, reasonably incurred by or imposed on the Leader in connection with an action, suit, or proceeding to which the Leader is a party by reason of being or having been a Leader. A Leader is not liable for a mistake of
ncurred by or imposed on the Leader in connection with an action, suit, or proceeding to which the Leader is a party by reason of being or having been a Leader. A Leader is not liable for a mistake of judgment, negligent or otherwise. A Leader is liable for his willful misfeasance, malfeasance, misconduct, or bad faith. This right to indemnification does not exclude any other rights to which present or former Leaders may be entitled. As a common expense, the Association will maintain adequate general liability and Directors' and Officers' liability insurance to fund this obligation, if it is reasonably available.
18.2. ASSOCIATION'S RIGHT TO ENFORCE DOCUMENTS. The remedies provided in this Section for breach of the Documents are cumulative and not exclusive. In addition to other rights and remedies provided by the Documents and by law, the Association has the following right to enforce the Documents: 18.2.1.
Nuisance. The result of every act or omission that violates any provision of the Documents is a nuisance, and any remedy allowed by law against a nuisance, either public or private, is applicable against the violation.
18.2.2.
Fine. The Association may levy reasonable charges, as an DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Individual Assessment, against an Owner and his Unit if the Owner or Resident, or the Owner or Resident's family, guests, employees, agents, or contractors violate a provision of the Documents. Fines may be levied for each act of violation or for each day a violation continues, and does not constitute a waiver or discharge of the Owner's obligations under the Documents.
18.2.3. Suspension. The Association may suspend the right of Owners
or for each day a violation continues, and does not constitute a waiver or discharge of the Owner's obligations under the Documents.
18.2.3. Suspension. The Association may suspend the right of Owners and Residents to use Common Elements (except rights of ingress and egress) for any period during which the Owner or Resident, or the Owner or Resident's family, guests, employees, agents, or contractors violate the Documents. A suspension does not constitute a waiver or discharge of the Owner's obligations under the Documents.
18.2.4.
Self-Help. The Association has the right to enter a Common Element or Unit to abate or remove, using force as may reasonably be necessary, any erection, thing, animal, person, vehicle, or condition that violates the Documents. In exercising this right, the Board is not trespassing and is not liable for damages related to the abatement. The Board may levy its costs of abatement against the Unit and Owner as an Individual Assessment. Unless an emergency situation exists in the good faith opinion of the Board, the Board will give the violating Owner fifteen (15) days' notice of its intent to exercise self-help. Notwithstanding the foregoing, the Association may not alter or demolish an item of construction in a Unit without judicial proceedings.
18.2.5.
No Waiver. The Association and every Owner has the right to enforce all restrictions, conditions, covenants, liens, and charges now or hereafter imposed by the Documents. Failure by the Association or by any Owner to enforce a provision of the Documents is not a waiver of the right to do so thereafter.
18.3. NOTICE AND HEARING. Before levying a fine for violation of the Documents, or before levying an Individual Assessment for property damage, the Association
waiver of the right to do so thereafter.
18.3. NOTICE AND HEARING. Before levying a fine for violation of the Documents, or before levying an Individual Assessment for property damage, the Association will give the Owner written notice of the levy and an opportunity to be heard, to the extent required by the Act. The Association's written notice must contain a description of the violation or property damage; the amount of the proposed fine or damage charge; a statement that not later than the thirtieth (30th) day after the date of the notice, the Owner may request a hearing before the Board to contest the fine or charge; and a stated date by which the Owner may cure the violation to avoid the fine -- unless the Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding twelve (12) months. The Association may also give a copy of the notice to the Resident. Pending the hearing, the Association may continue to exercise its other rights and remedies for the violation, as if the declared violation were valid. The Owner's request for a hearing suspends only the levy of a fine or damage charge. The Owner may attend the hearing in person, or may be represented by another person or written communication. The Board may adopt additional or alternative procedures and requirements for notices and hearing, provided they are consistent with the Act's requirements.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, ARTICLE 19 DISPUTE RESOLUTION 19.1. INTRODUCTION & DEFINITIONS. The Association, the Owners, Declarant, all persons subject to this Declaration, and any person not otherwise subject to this Declaration who
LE 19 DISPUTE RESOLUTION 19.1. INTRODUCTION & DEFINITIONS. The Association, the Owners, Declarant, all persons subject to this Declaration, and any person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, the “Parties”) agree to encourage the amicable resolution of disputes involving the Property and to avoid the emotional and financial costs of litigation if at all possible. Accordingly, each Party hereby covenants and agrees that this Article applies to all Claims as hereafter defined. As used in this Article only, the following words, when capitalized, have the following specified meanings: 19.1.1. “Claim” means any Claim, grievance, or dispute between Parties involving the Property, except Exempt Claims as defined below, and including without limitation: a. Claims arising out of or relating to the interpretation, application, or enforcement of the Governing Documents.
b.
Claims relating to the rights and/or duties of Declarant as Declarant under the Governing Documents.
C. Claims relating to the design, construction, or maintenance of the Property.
19.1.2. “Claimant" means any Party having a Claim against any other Party.
19.1.3. “Exempt Claims" means the following Claims or actions, which are exempt from this Article: a. The Association's Claim for assessments, and any action by the Association to collect assessments.
b. An action by a Party to obtain a temporary restraining order or equivalent emergency equitable relief, and such other ancillary relief as the court deems necessary to maintain the status quo and preserve the Party's ability to enforce the provision of this Declaration.
C. Enforcement of the easements, architectural control, maintenance, and use restrictions of this Declaration.
status quo and preserve the Party's ability to enforce the provision of this Declaration.
C. Enforcement of the easements, architectural control, maintenance, and use restrictions of this Declaration.
d. A suit to which an applicable statute of limitations would expire within the notice period of this Article, unless a Party against whom the Claim is made agrees to toll the statute of limitations as to the Claim for the period reasonably necessary to comply with this Article.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 19.1.4. "Respondent" means the Party against whom the Claimant has a Claim.
19.2. MANDATORY PROCEDURES. Claimant may not file suit in any court or initiate any proceeding before any administrative tribunal seeking redress or resolution of its Claim until Claimant has complied with the procedures of this Article.
19.3. NOTICE. Claimant must notify Respondent in writing of the Claim (the "Notice"), stating plainly and concisely: (1) the nature of the Claim, including date, time, location, persons involved, and Respondent's role in the Claim; (2) the basis of the Claim (i.e., the provision of the Governing Documents or other authority out of which the Claim arises); (3) what Claimant wants Respondent to do or not do to resolve the Claim; and (4) that the Notice is given pursuant to this Section.
19.4. NEGOTIATION. Claimant and Respondent will make every reasonable effort to meet in person to resolve the Claim by good faith negotiation. Within sixty (60) days after Respondent's receipt of the Notice, Respondent and Claimant will meet at a mutually-acceptable place and time to discuss the Claim. At such meeting or at some other mutually-agreeable time,
days after Respondent's receipt of the Notice, Respondent and Claimant will meet at a mutually-acceptable place and time to discuss the Claim. At such meeting or at some other mutually-agreeable time, Respondent and Respondent's representatives will have full access to the property that is subject to the Claim for the purposes of inspecting the property. If Respondent elects to take corrective action, Claimant will provide Respondent and Respondent's representatives and agents with full access to the property to take and complete corrective action.
19.5. MEDIATION. If the Parties negotiate but do not resolve the Claim through negotiation within one hundred and twenty (120) days from the date of the Notice (or within such other period as may be agreed on by the Parties), Claimant will have thirty (30) additional days within which to submit the Claim to mediation under the auspices of a mediation center or individual mediator on which the Parties mutually agree. The mediator must have at least five (5) years of experience serving as a mediator and must have technical knowledge or expertise appropriate to the subject matter of the Claim. If Claimant does not submit the Claim to mediation within the thirty (30)-day period, Claimant is deemed to have waived the Claim, and Respondent is released and discharged from any and all liability to Claimant on account of the Claim.
19.6. TERMINATION OF MEDIATION. If the Parties do not settle the Claim within thirty (30) days after submission to mediation or within a time deemed reasonable by the mediator, the mediator will issue a notice of termination of the mediation proceedings indicating that the Parties are at an impasse and the date that mediation was terminated. Thereafter,
able by the mediator, the mediator will issue a notice of termination of the mediation proceedings indicating that the Parties are at an impasse and the date that mediation was terminated. Thereafter, Claimant may file suit or initiate administrative proceedings on the Claim, as appropriate.
19.7. ALLOCATION OF COSTS. Except as otherwise provided in this Section, each Party bears all of its own costs incurred prior to and during the proceedings described in the Notice, Negotiation, and Mediation Sections above, including its attorneys' fees. Respondent and Claimant will equally divide all expenses and fees charged by the mediator.
19.8. ENFORCEMENT OF RESOLUTION. Any settlement of the Claim through DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, negotiation or mediation will be documents in writing and signed by the Parties. If any Party thereafter fails to abide by the terms of the agreement, then the other Party may file suit or initiate administrative proceedings to enforce the agreement without the need to again comply with the procedures set forth in this Article. In that event, the Party taking action to enforce the agreement is entitled to recover from the non-complying Party all costs incurred in enforcing the agreement, including, without limitation, attorney's fees and court costs.
19.9. GENERAL PROVISIONS. A release or discharge of Respondent from liability to Claimant on account of the Claim does not release Respondent from liability to persons who are not party to Claimant's Claim. A Party having an Exempt Claim may submit it to the procedures of this Article.
19.10. LITIGATION APPROVAL & SETTLEMENT. To encourage the use of alternate
ersons who are not party to Claimant's Claim. A Party having an Exempt Claim may submit it to the procedures of this Article.
19.10. LITIGATION APPROVAL & SETTLEMENT. To encourage the use of alternate dispute resolution and discourage the use of costly and uncertain litigation, the initiation of any judicial or administrative proceeding by the Association is subject to the following conditions in addition to and notwithstanding the above alternate dispute resolution procedures. Each Owner, by accepting an interest in or title to a Unit, whether or not it is so express in the instrument of conveyance, covenants and agrees to be bound by this Section. This Section may not be amended without the approval of Owners of at least sixty-seven percent (67%) of the Units.
19.10.1. Owner Approval. The Association may not initiate any judicial or administrative proceeding without the prior approval of Owners of at least a majority of the Units, except that no such approval is required (1) to enforce provisions of this Declaration, including collection of assessments; (2) to challenge condemnation proceedings; (3) to enforce a contract against a contractor, vendor, or supplier of goods or services to the Association; (4) to defend Claims filed against the Association or to assert counter Claims in a proceeding instituted against the Association; or (5) to obtain a temporary restraining order or equivalent emergency equitable relief when circumstances do not provide sufficient time to obtain the prior consents of Owners in order to preserve the status quo.
19.10.2.
Higher Approval of Certain Suits. Also, the Association may not initiate any judicial or administrative proceeding against Declarant, Association Officers
in order to preserve the status quo.
19.10.2.
Higher Approval of Certain Suits. Also, the Association may not initiate any judicial or administrative proceeding against Declarant, Association Officers and Directors, or the managing agent of the Association without the approval of Owners representing at least sixty-seven percent (67%) of the Units.
19.10.3.
Funding Litigation. Except in the case of a temporary restraining order or equivalent emergency equitable relief when circumstances do not provide sufficient time to levy a special assessment, the Association must levy a special assessment to fund the estimated costs of litigation prior to initiating a judicial or administrative proceeding. The Association may not use its annual operating income or reserve funds or savings to fund litigation, unless the Association's annual budget or a savings account was established and funded from its inception as a litigation reserve fund.
Settlement. The Board, on behalf of the Association and without 19.10.4.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, the consent of Owners, is hereby authorized to negotiate settlement of litigation, and may DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, execute and document related thereto, such as settlement agreement and waiver or release of Claims.
ARTICLE 20 GENERAL PROVISIONS 20.1. COMPLIANCE. The Owners hereby covenant and agree that the administration of the Association will be in accordance with the provisions of the Documents and all applicable laws, regulations, and ordinances, as same may be amended from time to time, of
that the administration of the Association will be in accordance with the provisions of the Documents and all applicable laws, regulations, and ordinances, as same may be amended from time to time, of any governmental or quasi-governmental entity having jurisdiction over the Association or Property.
20.2. CONSTRUCTION DEFECTS. During the warranty period, any construction defects discovered by an Owner will be disclosed to the Declarant within ten (10) days of discovery in order for the Declarant to take the necessary steps to quickly correct any such defects. In the event a settlement between the Declarant and a Unit Owner is reached, either through court action or contractual agreement, the terms of the settlement will be disclosed and the actual cost of correcting the defects will be itemized and reported in writing to any prospective purchaser of the affected Unit and/or of any other Unit in the Property.
20.3. NOTICE. All demands or other notices required to be sent to an Owner or Resident by the terms of this Declaration will be sent by ordinary or certified mail, postage prepaid, to the party's last known address as it appears on the records of the Association at the time of mailing. If an Owner fails to give the Association an address for mailing notices, all notices may be sent to the Owner's Unit, and the Owner is deemed to have been given notice whether or not he actually receives it.
20.4. SEVERABILITY. Invalidation of any provision of this Declaration by judgment or court order does not affect any other provision, which remains in full force and effect. The effect of a general statement is not limited by the enumeration of specific matters similar to the general.
20.5. CAPTIONS. The captions of articles and Sections are inserted only for
and effect. The effect of a general statement is not limited by the enumeration of specific matters similar to the general.
20.5. CAPTIONS. The captions of articles and Sections are inserted only for convenience and are in no way to be construed as defining or modifying the text to which they refer.
20.6. INTERPRETATION.
Whenever used in the Documents, unless the context provides otherwise, a reference to a gender includes all genders. Similarly, a reference to the singular includes the plural, the plural the singular, where the same would be appropriate.
20.7. DURATION. Unless terminated or amended by Owners as permitted herein, the provisions of this Declaration run with and bind the Property, and will remain in effect perpetually to the extent permitted by law.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, 20.8. PREPARER. This Declaration was prepared in the law office of Martin C.
Cude, Jr., Attorney and Counselor, 2178 Kessler Court, Dallas, Texas 75208-2948.
20.9. APPENDIXES. The following appendixes are attached to this Declaration and are incorporated herein by reference: A - Legal Description of Subject Land B-Plats and Plans C-Schedule of Allocated Interests D - Assignment of Parking Spaces E-Declarant Representations & Reservations F - Initial Designation of Area of Common Responsibility DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, SIGNED AND ACKNOWLEDGED SIGNED on this 224th day of June, 2016.
5807 BRYAN PARKWAY, LLC A Texas Limited Liability Company By: Lin Bo, Manager THE STATE OF TEXAS COUNTY OF DALLAS cos cos cos 22nd
17/16 SIGNED AND ACKNOWLEDGED SIGNED on this 224th day of June, 2016.
5807 BRYAN PARKWAY, LLC A Texas Limited Liability Company By: Lin Bo, Manager THE STATE OF TEXAS COUNTY OF DALLAS cos cos cos 22nd This instrument was acknowledged before me on this day of June, 2016, by Lin Bo, Manager of 5807 BRYAN PARKWAY, LLC, a Texas limited company, on behalf of the limited liability company.
My Commission Expires: 2-13-2020 Com Notary Public in and for The State of Texas Charles Denman Notary's Name: Typed or Printed DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, CHARLES M. DENMAN Notary ID # 7388065 My Commission Expires February 13, 2020 APPENDIX A LEGAL DESCRIPTION TO DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Lot 12, Block E/666 of Alta Vista, an Addition to the City of Dallas, Dallas County, Texas, according to the Plat thereof recorded in Volume 1, Page 78, Map Records, Dallas County, Texas.
And Being Lot 13, in Block E/666, of Alta Vista Addition, an Addition to the City of Dallas, Dallas County, Texas, according to the Map thereof recorded in Volume 1, Page 78, of the Map Records of Dallas County, Texas.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Page A-1 APPENDIX B PLAT AND PLANS TO DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Plat and Plans follow on next pages.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS, Page B-1 144.00 4' SIDEWALK GUEST PARK 50.00' GUEST PARK 7.5X16 50.0 10.0 5807 UNIT 50 + 15' ALLEY 5807 UNIT 40 NEW NEW CONCRETE CONCRETE DRIVEWAY DRIVEWAY 5807 UNIT 30 5807 UNIT 20 : 01-811 $144.00' GUEST PARK
IDEWALK GUEST PARK 50.00' GUEST PARK 7.5X16 50.0 10.0 5807 UNIT 50 + 15' ALLEY 5807 UNIT 40 NEW NEW CONCRETE CONCRETE DRIVEWAY DRIVEWAY 5807 UNIT 30 5807 UNIT 20 : 01-811 $144.00' GUEST PARK : 7.5X16 50.00' " 30.0 5811 UNIT 50 5811 UNIT 40 5811 UNIT 30 5811 UNIT 20 5807 UNIT 10 5811 UNIT 10 30.0 50.00' 30.0 50.00° 5807 BRYAN PARKWAY 581 BRYAN PARKWAY 4º SIDIBWALK 3 144.00' GUEST PARK 100 1529 E. 1-30, STE. 106.
GARLAND, TX 75043 FIRM REGISTRATION NO. 10194052 SURVEY PLAT BRIAN S. RHODES Registered Professional Land Surveyor (972) 475-8940 RHODES Surveying www.RHODESSURVEYING COM This is to certify that I have, this date, made a careful and accurate survey on the ground of property located at No.
5807 & 5811 BRYAN PARKWAY Lot No.
of in DALLAS in the city of 12 & 13 DALLAS, DALLAS COUNTY VOLUME 1 at PAGE 78 Block No.
ALTA CISTA ADDITION Texas according to the.
of the, E/666 MAP MAP THEREOF records of DALLAS Texas.
an addition in the city of RECORDED COUNTY, TEXAS.
NOTE: BEARINGS ARE ASSUMED 15' ALLEY EAST 50.00' 14 N 00'20'03" W ( PLAT 144.00) 144.32' 0.8 13 9.9 30.0' EAST 50.00' 12 UNIT 50 UNIT 50 UNIT 40 UNIT 40 119.0 UNIT 30 TWO STORY BRICK AND FRAME ( 5807 ) UNIT 30 119.0 TWO STORY BRICK AND FRAME (5811) UNIT 20 UNIT 20 UNIT 10 UNIT 10 30.0° 10.3 0.3% S 00°20'03" E 144.32' (PLAT 144.00' ) 11 WEST 50.00' (DIRECTIONAL CONTROL) WEST 50.50' PP GHPL CHPL THIS CERTIFICATION DOES NOT TAKE INTO CONSIDERATION ADDITIONAL FACTS THAT AN ACCURATE TITLE SEARCH AND OR EXAMINATION MIGHT DISCLOSE.
BRYAN PARKWAY The plat hereon is true, correct, and accurate representation of the property as determined by survey, the lines and dimensions of said property being as indicated by the plat: the size, location and type of building and improvements
and accurate representation of the property as determined by survey, the lines and dimensions of said property being as indicated by the plat: the size, location and type of building and improvements are as shown, all improvements being within the boundaries of the property, set back from property lines the distance indicated, or visible and apparent easements.
TITLE AND ABSTRACTING WORK FURNISHED BY CHARLES DENMAN THERE ARE NO ENCROACHMENTS, CONFLICTS. OR PROTRUSIONS, EXCEPT AS SHOWN.
Scale: 1 = 20 06-17-2016 Date: G. F. No.: 95808 Job no.: Drawn by: CM - JW USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR OTHER PARTIES SHALL BE AT THEIR RISK AND UNDERSIGNED IS NOT RESPONSIBLE TO OTHER FOR ANY LOSS RESULTING THEREFROM.
THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR CHARLES DENMAN OHF WM OWM PP LEGEND WOOD FENCE-TEXT 777 CHAIN LINK-O-MEROVEMENS RON FENCE + WIRE FENCE BOUNDARY LINE DENSETRACK RESIDENCE 1/2 IRON ROD FOUND 1/2" YELLOW-CAPPED RON ROD SET SET X FOUND Y 5/8 IRON ROO FOUND PK NAIL FOUND CM-CONTROL MONUMENT CO-CLEAN CUT GM FH PE POOL EQUAP GAS METER PP POWER POLE FIRE HYDRANT WM-WATER METER LP-LICHT POLE WY-WATER VALVE MH-MANHOLE (UNLESS OTHERWISE NOTED) N STATE OF TEXAS REGISTERED BRIAN S. RHODES 5962 LONAL SURVEYOR 1 12 PLAN A PLAN B PLAN B PLAN B PLAN A 3RD FLOOR BUILDING - 5807 BRYAN PARKWAY 1160102 PLAN PLAN B PLAN B PLAN B PLAN A LIVING/ITCHEN LIVING/KITCHE LIVING / KITCHEN LIVING/KITCHEN 宮 LIVING/KITCHEN 2ND FLOOR BUILDING.
5807 BRYAN PARKWAY PLAN A PLAN B.
PLAN B PLAN B PLAN A.
3. CAR GARAGE, 2.CAR GARAGE 2 CAR GARAGE 2 CAR GARAGE 2. CAR GARAGE SATTING SULING UNIT 5807-50 UNIT 5807-40 懷 UNIT 5807-30 UNIT 5807-20 UNIT 5807-10 1ST FLOOR BUILDING 5807 BRYAN PARKWAY 110710 PLAN A PLAN B PLAN B PLAN B PLAN A 3RD FLOOR BUILDING - 5811 BRYAN PARKWAY 110-102
ING UNIT 5807-50 UNIT 5807-40 懷 UNIT 5807-30 UNIT 5807-20 UNIT 5807-10 1ST FLOOR BUILDING 5807 BRYAN PARKWAY 110710 PLAN A PLAN B PLAN B PLAN B PLAN A 3RD FLOOR BUILDING - 5811 BRYAN PARKWAY 110-102 PLAN A PLAN B PLAN B PLAN B PLAN LIVING/KITCHEN LIVING/KITCHEN LIVING/KITCHEN LIVING/KITCHEN LVING / KITCHEN 2ND FLOOR BUILDING - 5811 BRYAN PARKWAY PLAN A PLAN B PLAN B PLAN B PLAN. A.
2 CAR GARAGE 2 CAR GARAGE 2 CAR GARAGE 3 CAR GARAGE 2 CAR GARAGE EXITING UNIT 5811-10 UNIT 5811-20 OUTTING UNIT 5811-30 UNIT 5811-40 UNIT 5811-50 1ST FLOOR BUILDING 5811 BRYAN PARKWAY And fransbloms DEVON HOMES Coming Spring 2016 5807 BRYAN PARKWAY 5811 BRYAN PARKWAY WWW.DEVON-HOMES.COM JAMES: 972-234-1703 BENNET: 214-632-5150 APPENDIX C SCHEDULE OF ALLOCATED INTERESTS TO DECLARATION OF BRYAN PARKWAY CONDOMINIUMS UNIT COMMON ELEMENT OWNERSHIP LIABILITY FOR COMMON EXPENSES VOTE WEIGHT WEIGHTED VOTE 5807 Unit 10 10.123% 10.123% % 1 5807 Unit 20 9.918% 9.918% % 1 5807 Unit 30 9.92% 9.918% % 1 5807 Unit 40 9.92% 9.918% % 1 5807 Unit 50 10.123% 10.123% % 1 5811 Unit 10 10.13% 10.123% % 1 5811 Unit 20 9.918% 9.918% % 1 5811 Unit 30 9.918% 9.918% % 1 5811 Unit 40 9.918% 9.918% % 1 5811 Unit 50 10.123% 10.123% % 1 10 UNITS 100.00% 100.00% 100.00% 10 VOTES DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Page C-1 APPENDIX D ASSIGNMENT OF PARKING SPACES TO DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Each Unit has an attached two (2)-car garage. No guest parking is provided.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Page D-1 APPENDIX E DECLARANT REPRESENTATIONS & RESERVATIONS TO DECLARATION OF BRYAN PARKWAY CONDOMINIUMS E.1.
MS Page D-1 APPENDIX E DECLARANT REPRESENTATIONS & RESERVATIONS TO DECLARATION OF BRYAN PARKWAY CONDOMINIUMS E.1.
DECLARANT'S REPRESENTATIONS. Declarant makes the following representations regarding certain characteristics of the Property.
1. Phasing. The Property will be developed in one (1) phase and will consist of two (2) building(s) and ten (10) Units.
2.
Withdrawal. The Property described in the initial Appendix A is not subject to a right of withdrawal of real property by Declarant.
3.
Leasehold. No part of the Property is a leasehold condominium, as defined by the Act.
4.
Inclusionary Zoning. As of the date this declaration is signed, the area in which the Property is located is not subject to inclusionary zoning restrictions.
5.
Flood Zone. As of the date this declaration is signed, the Property is not located in a flood zone.
E.2.
DEVELOPMENT PERIOD. Development Period means the ten (10) year period beginning on the date this Declaration is recorded, or as long as Developer owns a Unit, which is longer, during which Declarant has certain rights as more particularly described in this Appendix E, including rights related to development, construction, expansion, and marketing of the Property. The Development Period is for a term o years and does not require that Declarant own any portion of the Property. Declarant may terminate the Development Period at an earlier date by recording a notice of termination in the Official Public Records of Dallas County, Texas.
E.3. STATUTORY DEVELOPMENT RIGHTS. Declarant reserves the following Development Rights: a.
The right by amendment to add real property to the Property.
b.
The right by amendment to create Units, Common Elements, and
DEVELOPMENT RIGHTS. Declarant reserves the following Development Rights: a.
The right by amendment to add real property to the Property.
b.
The right by amendment to create Units, Common Elements, and Limited Common Elements within the Property.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Page E-1 C. The right by amendment to subdivide Units or convert Units into Common Elements.
d. The right by amendment to withdraw from the Property any portion of the real property marked on the Plat and Plans as “Development Rights Reserved."
E.4.
EXERCISE OF DEVELOPMENT RIGHTS. Regarding portions of the real property shown on the Plat and Plans as “Development Rights Reserved,” Declarant makes no assurances as to whether Declarant will exercise its Development Rights, the order in which portions will be developed, or whether all portions will be developed. The exercise of Development Rights as to some portions will not obligate Declarant to exercise them as to other portions.
E.5.
Declarant DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS.
has reserved certain development rights. Many of these rights expire upon expiration of the Development Period as defined in Section E.6 below. The “Development Period”, as specifically defined in the Declaration, means the ten (10)-year period beginning on the date this Declaration is recorded in the Official Public Records of Dallas County, Texas, unless such period is earlier terminated by Declarant recordation of a notice of termination in the Official Public Records of Dallas County, Texas. Certain additional rights expire upon expiration of the Declaration Control Period. The Declarant Control Period expires on the earlier to occur of: (i) within one hundred
rds of Dallas County, Texas. Certain additional rights expire upon expiration of the Declaration Control Period. The Declarant Control Period expires on the earlier to occur of: (i) within one hundred and twenty (120) days after seventy-five percent (75%) of all Units which may be created by Declarant have been conveyed to Owners other than Declarant; or (ii) when, in the sole opinion of Declarant, the Condominium Association to be established pursuant to the Declaration is viable, self-supporting, and operational.
The following list includes a summary of the rights reserved by Declarant until expiration of the Development Period or the Declarant Control Period, as applicable. Please refer to this Appendix E to the Declaration for a complete description of such rights: a. Creation of Units. When created, the Property will consist of two (2) buildings and ten (10) Units.
b.
Changes in the Development Plan. Declarant reserves the right, at any time and from time to time, without requesting or receiving the assent of any Owner or any Mortgagee, to resubdivide, amend the subdivision plat covering the Property, modify, alter, or otherwise change the legal or other status or configuration of the additional phases, or the Property to grant easements and to otherwise take such action as may be deemed necessary by the Declarant to satisfactorily expand the Property. Each Owner by taking title to a Unit expressly waives the right to object to any action by Declarant to rezone, replat, or otherwise alter the entitlement status of the additional phases. Declarant may also plat, resubdivide, or rezone the Property or any portion thereof or the land comprising the additional phases as necessary to entitle the additional phases in order for it
l phases. Declarant may also plat, resubdivide, or rezone the Property or any portion thereof or the land comprising the additional phases as necessary to entitle the additional phases in order for it or any portion thereof to be owned, held and/or developed separate and apart from the Property. Declarant expressly reserves an easement over, across, and through the Common DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Page E-2 Elements for the purpose of ingress and egress to and from, and to facilitate in any manner required by Declarant the construction and sale of the addition Units to be annexed.
Declarant also expressly reserves, for the benefit of all present and future Owners of all or any portion of the additional phases, an easement over, across, and through the Common Elements, including without limitation, the Property, for the purpose of ingress and egress, extension of utilities or any other purposes necessary to use and develop the additional phases as a Property separate and apart from the Property such as a different condominium Property or a single family subdivision, if so desired by such Owners or the Declarant.
Each Owner hereby appoints Declarant as its attorney-in-fact for the purpose of effecting the provisions of this Section E.5 and the power hereby granted to the Declarant shall be, and is, a power coupled with an interest and I irrevocable.
C.
Architectural Control. During the Development Period, Declarant has the absolute right to review and approve all improvements constructed within the Regime.
d. Transfer Fees. During the Development Period, Declarant will not pay transfer-related and resale certificate fees.
e.
ute right to review and approve all improvements constructed within the Regime.
d. Transfer Fees. During the Development Period, Declarant will not pay transfer-related and resale certificate fees.
e.
Website and Property Name. During the Development Period, Declarant has the unilateral right to approve or disapprove uses of any website purporting to serve the Property or the Association, all information available on or through the Property website, if any, and all uses of the property name by the Association.
f.
Fines and Penalties. During the Development Period, neither Declarant nor Units owned by Declarant are liable to the Association for late fees, fines, administrative charges, or any other charge that may be considered a penalty.
g. Statutory Development Rights. As permitted by the Texas Uniform Condominium Act, Declarant has reserved the right: (i) to add real property to the Regime; (ii) to create Units, General Common Elements and Limited Common Elements within the Regime; (iii) to subdivide Units or convert Units into Common Elements; and (iv) to withdraw from the Regime any portion of the real property marked on the Plat and Plans as "Development Rights Reserved" or "Subject to Development Rights", provided that no Unit in the portion to be withdrawn has been conveyed to an Owner other than Declarant.
h. Amendment. During the Development Period, Declarant may amend the Declaration, without consent of other Owners or any Mortgagee, for the following limited purposes: (i) to meet the requirements, standards, or recommended guidelines to enable an institutional or governmental lender to make or purchase mortgage loans on the Units; (ii) to correct any defects in the execution of this Declaration or the other Documents; (iii) to
nes to enable an institutional or governmental lender to make or purchase mortgage loans on the Units; (ii) to correct any defects in the execution of this Declaration or the other Documents; (iii) to add real property to the Regime; (iv) to create Units, General Common Elements, and Limited Common Elements within the Regime; (v) to subdivide, combine, or reconfigure Units or convert Units into Common Elements; (vi) to withdraw from the Regime any portion of the real property marked on the Plat and Plans as “Development Rights Reserved" or "Subject to Development Rights; (vii) to resolve conflicts, clarify ambiguities, and to correct misstatements, errors, or omissions in the Documents; (viii) to change the name or entity of Declarant, and (ix) for any other purpose, provided the DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Page E-3 amendment has no material adverse effect on any right of any Owner.
i. Additional Rights. As permitted by the Texas Condominium Act, Declarant has reserved the following rights: (i) the right to complete or make improvements indicated on the Plat and Plans; (ii) the right to exercise any Development Right permitted by the Act and the Declaration; (iii) the right to make the Regime part of a larger condominium or planned community; (iv) the right to use Units owned or leased by Declarant as models, storage areas, and offices for the marketing, management, maintenance, customer service, construction, and leasing of the Regime; (v) for purposes of promoting, identifying, and marketing the Regime, Declarant has reserved an easement and right to place or install signs, banners, flags, display lighting, potted plants, exterior
(v) for purposes of promoting, identifying, and marketing the Regime, Declarant has reserved an easement and right to place or install signs, banners, flags, display lighting, potted plants, exterior decorative items, seasonal decorations, temporary window treatments, and seasonal landscaping on the Regime, including items and locations that are prohibited to other Owners and residents. Declarant reserves an easement and right to maintain, relocate, replace, or remove the same from time to time within the Property.
j. Easement Rights. Declarant has reserved an easement and right of ingress and egress in and through the Common Elements and Units owned or leased by Declarant for purposes of constructing, maintaining, managing, and marketing the Regime, and for discharging Declarant's obligations under the Texas Uniform Condominium Act and the Declaration.
k. Additional Easements and Rights. Declarant has reserved the following easements and rights, exercisable at Declarant's sole discretion, for the duration of the Development Period: (i) an easement and right to erect, construct, and maintain on and in the Common Elements and Units owned or leased by Declarant whatever Declarant determines to be necessary or advisable in connection with the construction, completion, management, maintenance, and marketing of the Regime; (ii) the rights to sell or lease any Unit owned by Declarant; (iii) the right of entry and access to all Units to perform warranty-related work, if any, for the benefit of the Unit being entered, adjoining Units, or Common Elements; (iv) an easement and right to make structural changes and alterations on Common Elements and Units used by Declarant as models and offices, as may be
eing entered, adjoining Units, or Common Elements; (iv) an easement and right to make structural changes and alterations on Common Elements and Units used by Declarant as models and offices, as may be necessary to adapt them to the uses permitted herein; (v) an easement over the entire Property, including the Units, to inspect the Common Elements and all improvements thereon and related thereto to evaluate the maintenance and condition of the Common Element improvements; and (vi) the right to provide a reasonable means of access for the home-buying public through the gated entrance in connection with the active marketing of Units by Declarant, including the right to require that the gates be kept open during certain hours or on certain days.
1.
Appointment of Association Directors and Officers. During the Declarant Control Period, the right to appoint or remove any Declarant-appointed Officer or Director of the Condominium Association.
DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Page E-4 E.6. DECLARANT CONTROL PERIOD. For the benefit and protection of Owners and Mortgagees, and for the purpose of ensuring a complete and orderly buildout and sellout of the Property, Declarant will retain control of the Association, subject to the following: 1.
Transition of Control. Declarant will comply with Section 82.103 of the Act regarding transition of control from Declarant to Owners by phased elections of Directors.
2. Termination. The duration of the Declarant Control Period will be from the date this Declaration is recorded for a maximum period not to exceed the earlier of (a) five [5] years after the date of recording this Declaration; (b) no more than four [4]
l Period will be from the date this Declaration is recorded for a maximum period not to exceed the earlier of (a) five [5] years after the date of recording this Declaration; (b) no more than four [4] months after the conveyance of seventy-five percent [75%] of the Units that may be created to Owners other than Declarant; or (c) when, in the sole opinion of Declarant, the Association is viable, self-supporting, and operational.
E.7.
LIMITATIONS ON SPECIAL DECLARANT RIGHTS. Unless terminated earlier by an amendment to this Declaration executed by Declarant, any Special Declarant Right may be exercised by Declarant so long as Declarant holds a Development Right to create additional Units or Common Elements or Declarant owns a Unit, or ten (10) years, whichever ceases last. Earlier termination of certain rights may occur by statute.
E.8. WORKING CAPITAL FUND. Original purchasers of Units will establish a working capital fund for the Association in an amount that is at least equal to two (2) months of Regular Assessments for their respective Units. Each Unit's contribution to this fund will be collected when the sale of the Unit closes. Contributions to the fund are not advance payments of Regular Assessments and are not refundable. Not later than termination of the Declarant Control Period, the fully funded working capital fund will be transferred to the Association for deposit to a segregated fund. Declarant may not use the fund to defray Declarant's expenses, reserve contributions, or construction costs, or to cover the Association's budget deficits during the Declarant Control Period. If Declarant has unsold Units on termination of the Declarant Control Period, Declarant may reimburse itself for any pre-paid contributions from monies collected at the Unit's closing.
Control Period. If Declarant has unsold Units on termination of the Declarant Control Period, Declarant may reimburse itself for any pre-paid contributions from monies collected at the Unit's closing.
E.9. GENERAL RESERVATION.
Notwithstanding other provisions of the Documents to the contrary, nothing contained therein may be construed to, nor may any Mortgagee, other Owner, or the Association, prevent or interfere with the rights contained in this Article that Declarant hereby reserves exclusively unto itself, its agents, employees, and contractors.
E.10. EXPENSES OF DECLARANT. Expenses related to the completion and marketing of the Property will be paid by Declarant and are not common expenses of the Association.
E.11. OBLIGATION FOR ASSESSMENTS. During the Declarant Control Period, the Declarant shall be responsible for the difference between the cost of maintenance and Assessments received from the other Unit Owners and shall not be limited to the regular monthly Assessments for Units owned by Declarant until the end of the Declarant Control Period or DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Page E-5 until Declarant, at its option chooses to make regular monthly payments, whichever occurs first.
Should Declarant elect not to make regular monthly Assessments, Declarant shall provide any additional funds necessary to pay actual cash outlays required to fund current operating expenses of the Association. Declarant shall fund all reserve accounts on the same basis as other Owners.
After the Declarant Control Period is terminated or earlier at Declarant's option, Declarant shall pay the regular monthly Assessment for each Unit or Units it owns.
on the same basis as other Owners.
After the Declarant Control Period is terminated or earlier at Declarant's option, Declarant shall pay the regular monthly Assessment for each Unit or Units it owns.
E.12. MANAGEMENT CONTRACT. If Declarant enters into a professional management contract on behalf of the Association during the Declarant Control Period, the Association has the right to terminate the contract without cause or penalty at any time after a Board elected by the Owners takes office.
E.13. SUCCESSOR DECLARANT. Declarant may designate one or more Successor Declarants for specified designated purposes and/or for specified portions of the Property, or for all purposes and all of the Property. To be effective, the designation must be writing, signed, and acknowledged by Declarant and Successor Declarant, and Recorded. Declarant (or Successor Declarant) may subject the designation of Successor Declarant to limitations and reservations.
Unless the designation of Successor Declarant provides otherwise, a Successor Declarant has the rights of Declarant under this Section and may designate further Successor Declarants.
(End of Appendix E) DECLARATION OF BRYAN PARKWAY CONDOMINIUMS Page E-6 APPENDIX F INITIAL DESIGNATION OF AREAS OF COMMON RESPONSIBILITY TO DECLARATION OF BRYAN PARKWAY CONDOMINIUMS In addition to the Common Elements maintained by the Association, the following components of individually owned Units are designated Areas of Common Responsibility, to be maintained by the Association as a common expense. If a designated component is determined to be a Common Element, appearing on this list, it does not convert the component from a Common Element to a portion of a Unit.
1.
2.
ation as a common expense. If a designated component is determined to be a Common Element, appearing on this list, it does not convert the component from a Common Element to a portion of a Unit.
1.
2.
Landscaping and sprinkler system Driveways Although this Initial Designation is attached to the Declaration as Appendix F, it is not part of the Declaration for purposes of amendment. The Designation of Areas of Common Responsibility may be amended, revised, and restated by the terms of Section 8.2 of the Declaration.
BEFORE ACQUIRING AN OWNERSHIP INTEREST IN A UNIT, EACH PROSPECTIVE PURCHASER IS STRONGLY ENCOURAGED to contact the Association to obtain and review the most recent designation of Areas of Common Responsibility, which is subject to change from time to time.
Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS 07/14/2016 02:33:16 PM $282.00 COUNTY OF DA STATE EXTS 4+2 201600191354 Page F-1 DECLARATION OF BRYAN PARKWAY CONDOMINIUMS,