M4224 = xXSEF HC File X547246 Jnnz9g574 “Sor 1 FILED FOR RECORD apR 2 § 2004 Luly hein art unty, Texas County Clark, Hart's county DECLARATION OF -OWENANTS, CONDITIONS. AND RESTRICTIONS FOR COLLEGE PLACE ey pa den ate St .
abe Pach a pomdsn Gypsies TABLE OF CONTENTS ARTICLE Vaccsccssstsstsssscsssessisss steeds etassustccusisusustussiisttasissseeeseee co Definitions I ARTICLE I.Property Subject to This Declaration a Section J, Property Hereby Subjected to This Declaration... beebevaceececeuseenes 3 4 Section 1, Membership Section 2, VOUNE eee ceececeee Section 3, Management....... beteetees Tree taa tear teaecees eae ceeerseesaecegeccsestiastatectenitertvareesecc.. 5 Section 4, Duties and Powers of the Board... Weta teat eee e cee ecusteneeeesuenssteeesseueeees 5 ARTICLE IV Assessments 00.0.0. ccccceccssscccescseeeeeeeceecccn Ween t eee eee eee eceeeeetceeteesegegene teaseevartescseeeesece, 5 Section 1. Purpose of ASSeSsmemts ......cccsucesesssessnsssteitiieccccc 5 Section 2. Creation of the Lien and Personal Oblivation for Assessments........ 0. 6 Section 3. COMPULAUON oeeeeeeecssreessettseinstnnsnnunensettiinniiitiiniss 6 section 4A. Special Assessments 20... ccc! eles eeeesaeeuesescseseeenensrstsaneucree J 7 Seclion 4B. Reimbursement ASSESSMEMS ese cecccesessessessssecescssseesatiescssetiteeeeeec. 7 Section $C. Capitalization Fee ects 7 Section 3, Lien for ASSCSSMEMS cece cssnessititievesvessnttitiisi ec 7 Section 6, Effect of Nonpavment of Assessments: Remedies of the Association ........ 8 Section 7, Date of Commencement of Annual ASSESSMEMS oo ec ccececeeeeecececcece. 9 Section §. Assessments to Declarant 0... sceccssesesssssesssesesssestteteeeses y
medies of the Association ........ 8 Section 7, Date of Commencement of Annual ASSESSMEMS oo ec ccececeeeeecececcece. 9 Section §. Assessments to Declarant 0... sceccssesesssssesssesesssestteteeeses y Section 9. Assessment Certificate and Transfer Fee ccc ccececccseeseeeeec ) ARTICLE V- Maintenance cesses snststnnnisnntneiistsnsuietisintie sisi 10 Sectian |. Associalion’s Responsibility oo. cccesesseeetee ecco iv Section 2. Owner's Responsibility 0 ccssecesccesssscssssesssttteveteese eeeeae 10 Section 3, Party Walls and Fences cscs, veteeeeeces [J ARTICLE VILise Restrictions and Rules 0... ccccscssssssssssssesasso este beveeee 12 Section |, GIN OH ae soseteetcsssettenesttteestenntiestettenttestitiiit 12 Section 2? Occupants BOUT ce eesemessenserenssiiiitti [2 Section 3. NUISANCE cece cees esses tettsteeee testes. Wee creeeeeeececeeeueeentecsecs 13 Section 4. Architectural REVIGW eects cece 13 Section 5, Antennas and Satellite Dishes... ccc 14 Seclion 6, Parking 20000... Teer t scare eee es cecee cect eetaecucteietastatipesaratestuseseraeeesce., 5 Section 7. BeOS... Dobe eee ee teetenneceectsesesaseeeetseentcceeseceee.
Section 8, Land Use & Building Type...
Section 9, Minimum Square Footave Within [improvements PHOS Ew GS tog] aay Pals Section 10. Landscaping .........., beceeeeveeees beeen cee eee e nee e een ee cess ee teecereseesscece. Js Section 11. Location of the Improvements Upon the Lot or Unit. ..0. 02.0... 18 19 Section 12. Composite Building Site occ ecco ccc eeeeeceeceeece. C Section 13. Use of Temporary Structures... 0.00. ooo ooo ec coceec ce ceceeeeeceecccec 19 Section 14, Plavhouses, Pools. or other Amenity Structures ....... vibe sce eeees be ceeee cues 19 Section 14, Storage of Automobiles. Boats. Trailers and other Vehicles .200............20
ceecccec 19 Section 14, Plavhouses, Pools. or other Amenity Structures ....... vibe sce eeees be ceeee cues 19 Section 14, Storage of Automobiles. Boats. Trailers and other Vehicles .200............20 Section 16. Minera] Operations ...... bebe ee cee e etc c cence eee caracneveneess vi ceeeveee cece eee JE Section 17. Animal Husbandry .......00.......... bebe eee eee recs ceeneresecnees nee. | Section 18. Walls. Fences and Hedves 2000000000... cceccceee eee. bev ee ceeeeees 2] Section 19, Virtual Obstruction al the Intersections of Public sireets oo... a Section 20. Lot Maintenance... 2... eee cee eeecceceeccecece beets 2] Section 21. NOJS€. 2... cee ce cece be eeeeeeee Lee ee ccc eee n eee neste eter ec ece tener 2?
Section 22. Inlerppretavion o.oo cc ce ececeeeeeceseevsteveteeeeetee 22 Section 23, Flagpoles: Decorations a Section 24. Basketball Goals ..................... cece aS i?
Section 25, Sidewalks and Drivewavs ....................... cece eee eee eee ceetneceaneces veld Section 26, Mailboxes ..00.0.0....00.00.... be ceeeeee a a4 Section 27. Deviations in Restrictions 22.0.0... beceeececeeeceee Section 28, Maintenance of Improvements ................ a 24 Section 29, Street Lights and Street Sivns oo. 000k ooeee eco ceeceeeecccee ARTICLE VUlnsurance and Casualty Losses...eccccceccccccssssssssesssiessssresssessessseeeeeeeeeeeecc cc 24 Section 1], JASUEATICE oes eeee ee ceecssecueeessseessessssuearceresusavaneacesessesesieaessestetereeceeecc 24 ARTICLE ViHCondemmation ...ccccicccecsseececcsestscsceseseeeeecccc biveeeeesa sence beet tteetteeeeseereeeeeee et Ol Section 1. COMMON Property cee ecco eececeeeeceeeeeeeece ce. theesceeeeeeeessceceesenssters 2H
Condemmation ...ccccicccecsseececcsestscsceseseeeeecccc biveeeeesa sence beet tteetteeeeseereeeeeee et Ol Section 1. COMMON Property cee ecco eececeeeeceeeeeeeece ce. theesceeeeeeeessceceesenssters 2H Section 2. ES oo eee cee ceecccceacveveeteevrtstacvecutevenceees weet e estes tee e ee ceteeeeceseeecensereree 26 ARTICLE INMortgavee Provisions....c.ccccccccccecescecececsesceesccce, binete cece see cesseasaasaasetsusecesenauacceeteresies 26 Section |, Notices Of ACUOn .o.cccccccccceccecceceeceeece. Ee EL Section 2. No Priority... EELS eee teen ne eset eceeeeeeeeceeee cassatnntnanreretesersiebbertetecece. pescesenl?
ARTICLE NEAsomens cece ce ccccceecceecsssecssessnssesssessvsnresssevessurcatsssseeieeseesseeeseepee cc bevteseeseeeces 27 Section 1. Easements for Encroachment and Overhany weebereeeeeectenstesaces 27 Section 2. Easements for Use and Eniovment o0...cccccccccccccsecscesscsecesseeseeseeeeseeccce 27 Section 3. Easements for UGS oo. cece cccceceeeeeeececeecece beveteeeees NEEL: Section 4. Easement for Bay cece cscs ecsssssssesssesvesseeseessees esses eset ec 29 Section 5. Construction of Common Property Im WOVEMIEIUS oer rer ceeene 29 Section 6. USE Wetec nett nett ence een e cera e cette ceen ene e teat cette eeeteteeereveteetteteeecceeeneee 3} Section &. Telecommmunication Services occ cccccececececee cece. betesteteeteeee eG Section 9. Security and Other Services occ cescecceceveesteee cseeeveveveeeeee cess. we fDeted das thy SSE Re ebep seg Section 1d, ARTICLE XlAnnexation of Additional Property Amexation Without Approval of Membership. oo. ccc. 3 34 Section }.
Section 2.
ARTICLE NiIGeneral Provisions Sectian 1.
Section 2, Section 3 Section 4, Section 5, Section 6G, Section 7.
Section 8.
Section 9.
Section 10.
Section 1], Section 12, Section 13, Section 14,
Section 2.
ARTICLE NiIGeneral Provisions Sectian 1.
Section 2, Section 3 Section 4, Section 5, Section 6G, Section 7.
Section 8.
Section 9.
Section 10.
Section 1], Section 12, Section 13, Section 14, Section 15, section 16.
Sectian 17.
Section [8, Easement Regarding Associution PEM COS eee cece cecccnscessseestessseeseseee. 92 meek Heserdilig Association Fences 74 TENET eee etter e eee e eee neta e estate ec cet ee etaereetbtterereecgec 45 33 Annexation with Approval Of Membership... eecceccccccccceccse sesso. 3 reeeteeeeenee eee etee sess steecesstereeees sueerteseeeeaesactevsaeesaarenieitvatsteeverscece. 35 EMOLCEMENE eseeeceecsseentntecint stint ys PATIO no ssesenectesseseetntttintnetnsitiitiienitii 36 Gender and Grammar... scenic 3 SEVETADI IL oes sseettnntennntinttiintiiininin 36 COBY ONS nes ssorteetoesenseettntenitnntcnstinniinniini 37 Conveyance of Common PRODEUY o.oo cece eesstesesssesevereeseceseecseeee. 37 MEMO ACAON oe ceecene essences 37 Construction and Sale Period. cece 37 Intentionally Deleted cesses 38 Books and Records ......cececcceessttunstiessnini 3 AUCIE sore ssesesetescteeesecneeenttnntitnsnettisittiisniiini 39 ODT ae ese ce esettetentnttsstetttsssenniitiinie 3 APPIN BU ON voseesseteseceecrecesstttnstinetinsstitttiinaii 40 AMOMCVS' FOCS eee ccssstensttecssneitinnnseectinnniitiitii 4 HDudn8 tw Uy ISTOM RG MEd Sieg DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR COLLEGE PLACE foe.
THIS DECLARATION is made on the date hereinafter set forth by LENNAR HOMES OF TENAS LAND AND CONSTRUCTION, LTD.. a Texas limited partnership, (hereinafter sametimes called "Declarant"): WITNESSETH: WHEREAS, Declarant is the owner of the real property described in Article I. Section 1, of this Declaration; and
.. a Texas limited partnership, (hereinafter sametimes called "Declarant"): WITNESSETH: WHEREAS, Declarant is the owner of the real property described in Article I. Section 1, of this Declaration; and WHEREAS, Declarant desires to subject the real property described in Article I. Section |, hereof to the provisions of this Declaration to create a residential community of single-family attached housing and single-family detached housing: NOW, THEREFORE, Declarant hereby declares that the real property descnbed tn Article 11, Section 1, of this Declaration. including the improvements constructed or to be constructed thereon, and any other real property annexed herein subsequent to the date hereof, is hereby subjected to the provisions of this Declaration and shal} be held, sold, transferred, conveyed, used, occupied, and -morigaved or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens. hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto. and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit ofeach and every owner ofall or any portion thereof, ARTICLE 1].
Definitions Unless the context shall prohibit, certain words used in this Declaration shall have the definitional meaning set forth below: (a) “Architectural Review Committee” or “ARC” shall mean and refer to the Architectural
text shall prohibit, certain words used in this Declaration shall have the definitional meaning set forth below: (a) “Architectural Review Committee” or “ARC” shall mean and refer to the Architectural Review Committee of three (3) members appointed by the Board, which members may, but need not be, members of the Association. Members of the ARC may be removed at any time, and vacancies filled, by the Board, however as long as Declarant owns at least one (1) Unit or Lot (including Lots and Units by annexation), Declarant's approval is needed to appoint / remove members ofthe ARC.
SU63O8 ba dy BATHE So Obed sas (I>) "Association" shall mean and refer to C PL Property Owners Association, Inc., a nonprofil Texas corporation, its successors and assigns.
{c) "Board" or “Board of Directors" shal] mean and refer to the Board of Directors af the Association, (d) "By-Laws" shall refer to the By-Laws of C PL Property Qwners Association. Inc.
(e) "Common Property" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements Jocated thereon, now or hereafter owned by the Association for the common use and enjoyment of the Owners.
(1) “Community” shall mean and refer to that certain real property and interests therein described in Exhibit "A", attached hereto, and any and all real property and interests therein added to the Community subsequent to the date hereof by annexation pursuant to Article NI, hereo!, to be commonly known as College Place.
(g) "Community-Wide Standard” shal! mean the standard of conduct. maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association.
hal! mean the standard of conduct. maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association.
(hh) "Declarant" shall mean and refer to Lennar Homes of Texas Land and Construction, Lick, a Texas limited partnership. and the successors-in-title and assigns of Lennar Homes of Texas ‘Land and Construction, Ltd., provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsald portions of the real property described in Exhibit "A", atlached hereto (or subsequently annexed herein and made a part hereof), and provided further, in the instrument of conveyance to any such successor-in-title or gnated as the "Declarant" hereunder by the grantor of assign, such successor-in-title or assign is desi rat the ume of such conveyance: such conveyance, which grantor shall be the “Declarant” hereunde provided, further, upon such designation of such successor Declarant, all rights of the former “Declarant” in and to such status as "Declarant" hereunder shall cease, it being understood that as to wll ofthe property described in Exhibit "A". attached hereto, (and subsequently annexed hereto and made a part hereof) which is hereafter subjected to this Declaration, there shall be only one person or iegal entity entitled to exercise the rights and powers of the "Declarant" hereunder at any one paint in lime.
(1) "Majority" means those eligible votes, Owners. or other group as the context may indicate totaling more than fifty percent (50%) of the total eligible number.
“Morteage" means any mortgage, deed to secure debt. and any and all other similar ()
rs. or other group as the context may indicate totaling more than fifty percent (50%) of the total eligible number.
“Morteage" means any mortgage, deed to secure debt. and any and all other similar () 8 or encumbering real property as security for the instruments used for the purpose of canveyn payment or satisfaction of an obligation.
(hk) “Mortgavee" shall mean the holder ofa Mortgaye.
arse pe th JS ;H0b RG OLTS ALS fs) (1) "Owner" shall mean and refer to the recard owner, whether one or more Persons, af the fee simple title to any Unit or Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation.
(m} “Person” means any natural person, as well as a corporation, joint venture. partnership (general or limited), association, trust, or other legal entity.
(n) “Unit” shall mean a portion of the Comm unity intended for ownership and use as an individual single-family attached residence (both the real property and the improvements located thereon) and as permitted in this Declaration and as shown on the plat, or amendments thereto, recorded in the Official Public Recards of Real Property of Harris County, Texas, for the real property described on Exhibit “A" attached hereto, and any such other portion of the Cammunity shown on any plat or plats recorded in the Official Public Records of Real Property of Harris County, Texas, when annexed into the Association and made subject to this Declaration. The ownership of each Unit shall include, and there shal] pass with each Unit as an appurtenance thereto, whether or nat separately described, all of the right, title, and interest of an Owner in the Conimon Property,
each Unit shall include, and there shal] pass with each Unit as an appurtenance thereto, whether or nat separately described, all of the right, title, and interest of an Owner in the Conimon Property, which shall include, without limitation, membership in the Association. Each Unit shall for all purposes constitute real property which may be owned in fee simple and which may be conveved.
transferred, or encumbered in the same manner as any other real property. Each Owner shal] be entitled to the exclusive ownership and possession of his or her Unit, subject to this Declaration, All appliances, air conditioning apparatus and utilities serving only one Unit shall bea part of the Unit so served. Each Owner shall have the right to lateral and subjacent support for his or her Unit, and such right shall pass with the Unit.
(0) “Lot” shall mean a plot of land which is a portion of the Community intended for ownership and use as a sinule-fumily detached residence und as shown on the plats for the Community to be known as College Place, or amendinents thereto, recorded in the Official Recards of Real Property of Harris County, Texas. The ownership of each Lat shall include. and there shall pass with each Lot as an appurtenance thereto, whether ar not separately described, all of the right, litle, and interest of an Owner in the Common Property, which shal] include, without limitation, membership in the Association. Each Lot shall refer to the land, as well as any improvements located thereon. Each Owner shal] be entitled to the exclusive ownership and possession of his or her Lot, subject to this Declaration.
ARTICLE I, Property Subject to This Declaration Section |. Property Hereby Subjected to This Declaration. The real property which is, by
and possession of his or her Lot, subject to this Declaration.
ARTICLE I, Property Subject to This Declaration Section |. Property Hereby Subjected to This Declaration. The real property which is, by the recording of this Declaration, subject to the covenants and restricuons hereafter set forth and which, by virtue of the recording of this Declaration, shall be held. transferred. sold, conveved, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described in Exhibit "A", attached hereto and by reference made a part hereof, and any additional real Property annexed into the Association and made subject to the terms of this Declaration.
lua ARTICLE IIL Association Membership and Votine Rights and every person who is the record owner ofa fee Section I, Membership. The Declarant orundivided fee interest in any Unit or Lot that is subject to this Declaration shall be deemed to have a membership in the Association. The foregoing is not intended to include Persons who held an interest merely as security for the performance ofan obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shal] have more than one (1) membership per Unit or Lot. In the event of multiple Owners ofa Unit or Lot, votes and rights of use and enjoyment shall be as provided in this Declaration and in the By-Laws.
Membership shall be appurtenant to and may not be separated from ownership of any Unit or Lot.
The rights and privileges of membership, including the right to vate and to hold office, may be exercised by a member or the member's spouse, but inno event shall more than one (1) vote be cast
r Lot.
The rights and privileges of membership, including the right to vate and to hold office, may be exercised by a member or the member's spouse, but inno event shall more than one (1) vote be cast nor office held for each Unit or Lot owned. The Board may decree that no member or spouse of any member shall be entitled to vate or exercise any other right or privilege of membership if such member is delinquent with respect to any assessments due hereunder.
Section 2. Voting. The Association shall have {wo (2) classes ofmembership, Class "A" and Class "B". as follows: (a) Class"A". Class "A" members shall be all Owners. with the exception of the Declarant. Class "A" members shall be entitled to one (1) vote for each Unit or Lot owned, revardless of where such Unit or Lot is located. When more than one Person holds an ownership imerest in any Unit or Lot, the vote for such Unit or Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such ad vice, the Unit's or Lot's vote shall be suspended in the event more than one Person secks to exercise it.
(b) Class "B" The Class "B" member shall be the Declarant. The Class "B" member shall be entitled to three (3) votes for each Unit or Lot owned. The Class "B" menibership shall terminate and become converted to Class "A" membership upon the happening of the earlier of the following: (i) when 75% of the Linits and Lots have been sold to and occupied by Class "A" members; (i) October }, 2025: ar (iti) when, in its discretion, the Declarant so determines From and after the happening of these events, whichever occurs earlier, the Class "B" member shall be deemed to he a Class "A" member entitled to one (1) vote for each Unit or Lot it OWNS,
determines From and after the happening of these events, whichever occurs earlier, the Class "B" member shall be deemed to he a Class "A" member entitled to one (1) vote for each Unit or Lot it OWNS, annexed into the Association, the Class ased due lo one of the conditions listed B Membership of the Declarant. shall. ifit had previously ec MOR Ly ty ISTO 8H OLDS Os af above in (i), (ii) or (iii) be reinstated and shall apply to all Units and Lots owned by Declarant in the newly annexed portion of the Community, as well as to all Units and Lots owned by Declarant in all other areas of the Community. Such reinstatement is subject to further cessation in accordance with the fimilation set forth in the preceding paragraphs (i), (ii) and (i) of this Article, whichever occurs first. However, upan reinstatement due to annexation of additional property into the Community, the period of time set forth in the preceding paragraph (ii) of this Article shall be extended to the extent necessary such that in all circumstances it extends for a period no shorter than ten (10) years from the date of each such recorded annexation (i.e. Supplemental Declaration).
Section3. Management. The Association shal] be incorporated as a nonprofit corporation.
The Assuciation shall be managed by the Board of Directors pursuant to the procedures set forth in ihe Articles of Incorporation and Bylaws of the Association, subject to this Declaration.
Section 4, Duties and Powers of the Board. Through the Board. the Association shall have the following powers and duties: (a2) To adopt rules and regulations to implement this Declaration and the By-Laws, (b) To enforce this Declaration, the By-Laws, its rules and regulations.
ave the following powers and duties: (a2) To adopt rules and regulations to implement this Declaration and the By-Laws, (b) To enforce this Declaration, the By-Laws, its rules and regulations.
{c) ‘To take any and all actions, and io cause fo be taken any and all auctions which are the responsibility ofthe Association and the Board pursuant to this Declaration and the By-Laws, including but not limited to duties relating to electing Directors, creating budgets, delegating power, ‘establishing and collecting assessments. the enforcement ofall of the obligations of the Owners, to receive complaints and muke determinations about violations of this Declaration, the By-Laws. the rules and regulations. the holding of annual and special meetinys, the management and maintenance of Common Property, the performance ofall maintenance obligations of the Association hereunder and the payment of all costs and expenses to be paid by the Association hereunder.
ARTICLE IV.
Seclion i. Purpose of Assessments. The assessments provided for herein shall be used for the general purpose of promoting the recreation, common benefit, and enjoyment of all of the Owners and occupants of Units and Lots, including the maintenance of real and personal property, all as May be more specifically authorized from time to lime by the Board of Directors.
Section 2. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Unit or Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (a) annual assessments or charges assessed against said Unit or Lot: (b) special assessments against a Unil or Lot, such assessments to be
in such deed, covenants and agrees to pay to the Association: (a) annual assessments or charges assessed against said Unit or Lot: (b) special assessments against a Unil or Lot, such assessments to be established and collected as hereinafter provided; and (c) specific assessments against any particular Unit or Lot which are established pursuant to the terms of this Declaration, including, but not limited fo. reasonable fines as may be imposed in accordince with the terms ofthis Declaration. AH such UiGsoR be ity Wf} 26 Gbeb Saad 5 ssessments, together with late charges, interest, not to exceed the maximum legal rate, costs and reasonable atlorey’s fees actually incurred, shal] be a charge on the land and shal] be a continuing hen upon the Unit or Lat against which each assessment is made and the owner of each Unit hereby covenants and agrees to grant and does hereby grant to Cynthia Hinson as Trustee, the continuing lien on each Unit or Lot to secure all such sums set forth herein. Declarant and/or the Association acting through the Board, shall have the right to appoint one or more sltcccssor or substitute trustees lo act instead of the trustec named herein without other formality than the recordation in the Official Public Records Real Property of Harris County, Texas of a written designation of such trustee. Such substitute or successor trustee shall have al] authority hereby conferred on the Trustee herein named.
Each such assessment. together with late charges, interest, costs. and reasonable attorney's fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Unit or Lot at the time the assessment fell due. Each Owner shall be personally liable for his or her
s actually incurred, shall also be the personal obligation of the person who was the Owner of such Unit or Lot at the time the assessment fell due. Each Owner shall be personally liable for his or her portion of each assessment conng due while he or she is the Owner ofa Unit or Lot, and his or her grantee shall be jointly and severally liable for such portion thereofas may be due and payable at the time of conveyance: provided, hawever, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgage holder taking title through foreclosure proceedings or } deed In lieu of foreclosure.
Except us provided below based on the distinction between a Unit and a Lot, annual assessments shall be paid at a uniform rate per Unit and at a uniform rate per Lot, regardless of where such Unit or Lot is located, in such manner and on such dates as may be fixed by the Board of Directors, which may include, without limitation, acceleration, upon ten (10) days' written notice, of the annual assessment for Units or Lots delinquent in payment. Unless otherwise provided by the Board, the Units and Lots Will pay the same annual assessments and the Units will also pay additional annual assessments on a monthly basis, therefore the annual assessment for Lots shal] be paid in annual installments and the annual assessments for Units will be paid in monthly and annual!
installments. Al} Units. because of the larger maintenance obligations of the Association for Units as compared to Lots, as well as the Association paying for casualty insurance for the Units and not the Lois, shall be assessed at a higher rate than Lots. That additional higher Unit assessment will be paid monthly, in addition to the same annual payment being paid both by Units and Lots.
s and not the Lois, shall be assessed at a higher rate than Lots. That additional higher Unit assessment will be paid monthly, in addition to the same annual payment being paid both by Units and Lots.
Common Property shall be exempt [rom assessments.
Section 3. Computation. If shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which May provide for an increase over the previous year's budget and which shall include a capital contribution or reserve in accordance with a capital budget Separately prepared. There may be separate reserve accounts for Units and Lots. Such budget may also take into account annexations which the Board reasonably believes may occur in the coming vear. The Board shal] cause the budget and the assessments ta he levied against each Unit and Lot for the following vear to he delivered to each member al least thirty (30) days prior to the end of the current fiscal year. Afier the lermination of the Class B membership, the budget and the assessment shall become effective unless disapproved ata meeting by a two-thirds of the members. Notwithstanding the foregoing, however, in the event the membership disapproves the proposed budvet or the Board fails for any reason so to determine the Teta bay ts SAPNOPS A ty TAs G budget for the succeeding year, then and until such time as a budget shall have been determined. as provided herein, the budget in effect for the then current year shall continue for the succeeding year.
itis anticipated that for calendar year 2004, the annual assessment for the Units shall be the annual assessment of $200.00 plus the additional annual assessment of $45.00 per month {paid in
ing year.
itis anticipated that for calendar year 2004, the annual assessment for the Units shall be the annual assessment of $200.00 plus the additional annual assessment of $45.00 per month {paid in monthly installments) and the annual assessment for the Lots (paid in annual installments) shall be $200.00, Section 4A. Special Assessments. In addition to the other assessmen ts authorized herein, the Association may levy special assessments in any year. So long as the total amount of specia!
assessments allocable to cach Unit or Lot does not exceed Three Hundred ($300.00) Dollars in any one fiscal vear, the Board may impose the special assessment. Any special assessment which would cause the amount of special assessinents allocable to any Unit or Lot to exceed this limitation shal] be effective only if approved by a Majority of the Class "A" members present in person or by proxy ata meeting of the Owners at which a quorum is present. Special assessments shall be paid as determined by the Board, and the Board May permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. The proper purpose of a special assessment hereunder shal] be any purpose determined by the Board of Directors to be in the best interests of the Association.
Section 4B, Reimbursement Assessments. The Board, subject to the provisions hereof, niay levy a reimbursement assessment against any Owner (or Unit ar Lot) ifthe failure of the Owner (or Unit or Lot), ar of the Owner's family, guests or tenants to comply with this Declaration, the Bylaws, or any rules applicable to such Owner and/or Unit or Lot shall have resulted in the expenditure of funds or the determination that funds will be expended by the Association to cause such
the Bylaws, or any rules applicable to such Owner and/or Unit or Lot shall have resulted in the expenditure of funds or the determination that funds will be expended by the Association to cause such comphance. The amount of such reimbursement assessment shal] be due and payable to the Association ten (10) days after notice to the Owner (or Unit or Lot) of the decision of the Board that such reimbursement assessment is owing.
Section 4C. Capitalization Fee. Each Owner ofa Lot other than Declarant (whether one or more Persons) at the time it purchases Lot, shall be obligated to pay to the Association a fec of $25.00 per Lot, at the time of purchase; as a Capitalization Fee, Such funds from the Capitalization Fee collected at each purchase shall initially be used to defray initial operating costs and other expenses of the Association, and later used to ensure that the Association shall have adequate funds to meet its expenses and otherwise, as the Declarant (and later the Association) shall detenine nits sole discretion (hereinafter “Capitalization Fee’). Such Capitalization Fee shall be non-refundable and shall not be considered an advance payment of any Assessments levied by the Association pursuant to the Declaration. The amount of the Capitalization Fee may be changed prospectively (but not retrospectively) by the Association fram time to time in its discretion. Such Capitalization Fee will be collected form the Owner directly at the purchase of the Lot. [ff any Lot is subdivided and/or platted into multiple Lots, then the muluple Lats will thereafter be subject to the Capitalization Fee at the time ofeach sale. Such Capitalization Fee shall be deemed an Assessment hereunder, and may be collected in the same fashion.
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AMES Tw ly SEVOUERE OE] Ried
be subject to the Capitalization Fee at the time ofeach sale. Such Capitalization Fee shall be deemed an Assessment hereunder, and may be collected in the same fashion.
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AMES Tw ly SEVOUERE OE] Ried Section 5. Lien for Assessments. All sums assessed against any Unit or Lot pursuant to this Declaration, together with late charges. interest, costs and reasonable attorney's fees actually incurred, as provided herein, shall be secured by a lien on such Unit or Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Unit ar Lot, except for (a) liens of ad valorem taxes; or (b) liens for all sunts unpaid ona first Mortgage or on any Mortgage to Declarant duly recorded in the Official Public Records of Real Property of Haris County, Texas, and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument.
All ather persons acquiring lens or encumbrances on any Unit or Lot afier this Declaration shall have been recorded in such records shal] be deemed to consent that such liens or encumbrances shall be inferior to future liens for ussessmecnts, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such Jiens or encumbrances.
Section 6. Effect of Nonpayment of Assessments: Remedies of the Association, Any assessments which are not paid when due shall be delinquent. Any assessment delinquent for a period of more than ten (1 0) days shall incur a Jate charge in the amount of $25.00, which amount may be amended as the Board may from time to time determine. The Association shall cause a notice of delinguency to be given to any member who has not paid within ten (10) days following the
ch amount may be amended as the Board may from time to time determine. The Association shall cause a notice of delinguency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty (30) days, a lien, as herein provided, has attached and, in addition, such lien shal] include the late charge, interest, not to exceeit the maximum legal rate, on the principal amount due, and all late charges from the date first due and payable. all costs of collection, reasonable atlomey's fees actually incurred, and any other amounts provided or permitted by law. In the event that the assessment remains unpaid after sixty (60) davs, the Association may, as the Board shall determine, institute suit to collect such amount and/or take action to fareclose its lien, either bv action for judicial foreclosure in the manner prescribed by Jaw or hy directing the Trustee to foreclose the lien by public sale conducted in accordance with the notice.
posting and other requirements of the statutes of the State of Texas under the Texas Property Code § 31.02 ef seg (as it may hereafier be amended), for the foreclosure of deed of trust liens upon real property, Each Owner, by acceptance ofa deed to a Unit or Lot oras a party to any other type of a conveyance ofa Unit or Lot. vests in the Association or ils agents the power of sale and the right and power to bring all actions against him or her, personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the Same manner as other liens for the improvement of real property, The lien provided for in this Articte shall be in favor of the Association and shall be for the
to foreclose the aforesaid lien in the Same manner as other liens for the improvement of real property, The lien provided for in this Articte shall be in favor of the Association and shall be for the benefit ofall other Owners. The Association, acting an behalf of the Owners, shall have the power to bid on the Linit or Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. No Owner may waive or othenvise except lability for the assessments provided for herein.
including, by way of illustration. bul not limitation, abandonment ofthe Unit or Lot.
All payments shall be applied first to costs and attorney's fees, then to late charges. then interest and then to delinquent assessments. or in such other order as the Board shall determine HT IIS sole diseretion. In addition to all other remedies of the Association set forth herein, in the event any member is delinquent in the payment of any assessments due pursuant to this Declaration, or shall stntok tay iy 38,00! Se bP sana 8 otherwise be in default hereunder, then such member may not be entitled ta exercise the rights and privileges ofmembership, including but not limited to the right to vote and hold office. The election by the Association to exercise any of its remedies herein permitted shall not be construed to constitute an election to waive the right to exercise any other remedy available. The Association is hereby authorized by all Owners to use any and all of such remedies as often as may be required to collect payment of all sums secured by a lien hereunder.
Seclion7. Date of Commencement of Annual Assessments. The annual assessments procedure provided for herein shall commence on the first day of the month following the
sums secured by a lien hereunder.
Seclion7. Date of Commencement of Annual Assessments. The annual assessments procedure provided for herein shall commence on the first day of the month following the conveyance of the first Unit ar Lat by the Declarant to a Class "A" member and shall be due and payable in a manner and ona schedule as the Board of Directors may provide, The first amiual assessment for any specific Unit or Lot shall be adjusted according to the number of months then remaining in that fiscal year. The date uny specific Unit or Lot becomes Subject to assessment hereunder shal] be the date on which the Unit or Lat is conveyed by Declarant to a Class "A" member and the Owner of a Unit or Lot shall, at such conveyance, pay the prorata balance of the annual assessment. In addition, at the closing of Units from the Declarant to a Class A member purchasing a Unit, such member shall pay a fee equal to three months of the additional monthly assessment plus a prorata portion for the month of closing of the additional monthly assessment then being charged to Units.
Section 8. Assessments to Declarant, (a} Attheoption of Decla rant, the Declarant shai] not be required to pay the annual "assessment for Units and Lots that it owns, as long as the Declarant is altempting to sell those Unils and Lots. However, in such event, Declarant will contribute such sums as are necded by the Association to mect its operating expenses. For purposes of this paragraph, operating expenses are hereby defined as narmal and customary day-to-day expenses specifically excluding any capital reserve contributions arid/or capital expenditures. Should Declarant ever begin leasing its unsald Units or Lots, other than short-tenn Jeases as part of a sales transaction, then Declarant shall
ital reserve contributions arid/or capital expenditures. Should Declarant ever begin leasing its unsald Units or Lots, other than short-tenn Jeases as part of a sales transaction, then Declarant shall conmmence paying annual assessments as to those leased Units or Lots.
(b) Notwithstanding anything to the contrary herein, the Declarant may contribute assessments due from it in services or materials or a combination of services and materials, rather than in money, (herein collectively called “in kind contribution"). The amount by which monetary assessinents shall be decreased as a result of any in kind contribution shall be the fair market value of the contribution. If the Declarant and the Association agree as to the value ofany contribution, the value shall be as agreed. If the Association and the Declarant cannot agree as to the value of anv contribution, the Declarant shall supply the Association with a detailed explanation of the service performed and material furnished, and the Association shal! acquire bids for performing like services and furnishing like materials from three (3) independent contractors approved by the Declarant who are in the business of providing such services and materials. If the Association and the Declarant are sUll unable to agree on the value of the contribution, the vatue shall be deemed to be the average of the bids received from the independent contractors.
ST OSGR. Toy Us SSTNGP RG OPPS 9 Section 9. Assessment Certificate and Transfer Fee. Upon written request by an Owner, the Association shall within a reasonable period of time, issue to an Owner a written certificate staling that all assessments ofany kind (including interest and costs), have been paid with respect to
the Association shall within a reasonable period of time, issue to an Owner a written certificate staling that all assessments ofany kind (including interest and costs), have been paid with respect to any specified Unit or Lot, and if all assessnients and charges have not been paid, settiny forth the amount of such assessments and charges (including interest and costs, if any) due and payable as of the date of the certificate. The Association may make a reasonable charge for the issuance of such certificate; however, there shall be no charge to the Declarant for any such certificate. Any such certificate, when duly issued as herein provided, shall be conclusive and binding with regard to any matter therein stated as between the Association and any bona fide purchaser or lender on the Unit or Lot specified in such certificate. The Association shall have the right to charge any Owner selling or otherwise transferring title to a Unit or Lot, a fee which is reasonable compensation, in the opinion of the Board, for the costs incurred by the Association in changing its records to reflect the transfer of ownership; however, there shall be no charge to the Declarant when the Declarant sells a Unit or Lot.
ARTICLE V, Maintenance Section l. — Association's Responsibility. The Association shall maintain and keep in ood repair the Common Properly. The Association shall alsa maintain and repair any Association perimeter fencing constructed pursuant to Article X, Section 10 hereof. The Association shall maintain and keep in good repair all paved or conerete walkways, driveways, parking areas and patios, if any, lacated on the Common Property. Any paved or concrete Walkways, driveways,
sociation shall maintain and keep in good repair all paved or conerete walkways, driveways, parking areas and patios, if any, lacated on the Common Property. Any paved or concrete Walkways, driveways, parking areas and patios located within the boundaries of a Unit or Lot shal] be the responsibility of the Owner of such Unit or Lot, The Association shall provide exterior maintenance upon Unit improvements (however not on Lotimprovements) as follows: paint, repair, replace, and care for roofsurfaces and roofsystems.
(i.e. shingles and decking only) gutters, downspouts, chimneys, and, with the exception of foundations, patios, decks, exterior or lighting controlled from within the Unit, entry doors, garage doors, glass and door and window appurtenant hardware. the Association shall also maintain all exterior building surfaces. There are hereby reserved to the Association casements over the Community and each Unit and Lotas necessary to enable the Association to fulfill the Association's maintenance responsibilities and other responsibilities described in this Declaration The Association will hot maintain any part of the improvements constructed on the Lots.
The Association shall have the right but not the obligation, to maintain property net owned by the Association where the Board has determined that such maintenance would benefit all Owners.
The foregoing maintenance shall be performed consistent with the Commiunity-Wide Standard.
Section 2. Owner's Responsibility. Except as provided in Section | above, ull maintenance of the Linit shall be the responsibility of the Owner thereof, Such maintenance HleSes path S3fuer Se np psa 10 obligation of Unit Owners shall specifically include, but not be limited (o. yard maintenance, fence
shall be the responsibility of the Owner thereof, Such maintenance HleSes path S3fuer Se np psa 10 obligation of Unit Owners shall specifically include, but not be limited (o. yard maintenance, fence repairand maintenance, exterior light fixture and bulb replacement, foundations, patios, decks, entry doors. garage doors, vlass and appurtenant hardware to doors and windows, and repuir maintenance to the frame of the Unit, including the frame of the roof. For the Lots, the Owners shal} maintain al!
and every part of the improvements Jocated on the Lots. [In addition, the Owner of any Unit or Lot shall maintain al] pipes, lines, ducts, conduits, or other apparatus which serve the Unit or Lot.
whether located within or without a Unit's or Lot’s boundaries (including all gas, electricity, water, sewer or air conditioning pipes, lines, ducts, conduits or other apparatus serving the Unil or Lot).
Such maintenance shall be performed consistent with this Declaration and the Community Wide Standard established pursuant hereto. In the event that the Board af Directors of the Association determines that (a) any Owner has failed ar refused to discharge properly his obligations with regard to the maintenance, repair, or replucement of items for which he is responsible hereunder: or (b) that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, his or her family, guests, lessees, or invitees, and is not covered or paid for by insurance, in whole or in part, then, the Association may perform the repair, replacement or maintenance and shall, except in the eventofan emergency situation, vive the Owner written notice of the Association's intent to provide such
en, the Association may perform the repair, replacement or maintenance and shall, except in the eventofan emergency situation, vive the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement, at Owner's sole cost and expense. The nolice shall set farth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shal] have tert (10) days within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be prosecuted with diligence and completed within a reasonable time. Ifany Owner does not comply with the provisions hereof. the Association may provide any such maintenance. repair, or replacement and shall bill the Owner therefore 110% of such cost and expenses, plus a $50.00 administrative fee, such bill to be due upon receipt and if not timely paid. such bill shall be added to and become a part of the assessment to which such Owner is subject and shall become a Lien against the Unit or Lot. Jfany Owner is given notice ofa failure or refusal to maintain, repair or replace items for which he or she js responsible hereunder mare than twice in any calendar year. the Association may proceed with the necessary maintenance. repair or replacement without the need to give any additional 10 day notices, Section 3. Party Walls and Fences.
(a) General Rules of Law to Apply. Each wall built as a part of the original construction of the Units which shall serve and separate any two (2) adjoining Units and each fence which will serve and separate any two adjacent Lots or set of Units shall constitute a party wall or
construction of the Units which shall serve and separate any two (2) adjoining Units and each fence which will serve and separate any two adjacent Lots or set of Units shall constitute a party wall or fence and, to the extent net inconsistent with the provisions of this Section. the general rules of law parly walls and fences and liability for property damage due to negligence or willful acts or regarding omissions shall apply thereto.
(b) Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall or fence shall be shared by the Owners who are served by the wall or [ence in equal proportions.
SIASGR bu th 25 Hp Soap a sag I ] {c) Damage and Destruction. Ifa party wall or fence is destroyed or damaged by fire or other casualty, then to the extent that such damage is not cavered by insurance and repaired out of the proceeds of insurance. any Owner served by the wall or fence may restore it, and if other Owner or Owners are served by the wall or fence, they shall contribute to the cost of restoration thereofin equal proportions without prejudice, however, to the right ofany such Owners to call fora larger contribution from the others under any rule or law regarding liability for negligent or willful acts Or omissions.
(d) Weatherproofiny. Notwithstanding any other provision of this Section, to the extent that such damage is not covered and paid by the insurance provided for herein, an Owner who by his negligent or willful act causes any party wall afa Unit to be exposed to the elements shal] bear the whole cast of furnishing the necessary protection against such elements.
(¢) Right to Contribution Runs with Land. The right ofany Owner to contribution
it to be exposed to the elements shal] bear the whole cast of furnishing the necessary protection against such elements.
(¢) Right to Contribution Runs with Land. The right ofany Owner to contribution from any other owner under this Section shall be appurtenant to the land and shall pass to such owner's successors-in-title.
(1) Foundation. Fences. Common foundations which form a part of the Units and common fences between Units or Lots, ifany, will be dealt with in the same fashion as party walls, as set forth in this section.
‘ (g) Arbitration. In the event of any dispute arising concerning a party wall or fence, or under the provisions of this Section, each party shall appoint one (1) arbitrator. Shauld any party refuse to appoint an arbitrator within ten (10) days afier written request therefore by the Board of Directors, the Board shall appoint an arbitrator for the refusing party. The arbitrators thus appointed shall appoint one (1) additional arbitrator and the decision by a majority of all three (3) arbitrators shall be binding upon the parties and shall be a condition precedent to any right of Jegal action that either party may have against the other.
ARTICLE V1.
Lise Restrictions and Rules Section 1. General. The Board of Directors may, from lime to time, without consent of the members, promulgate. modify, or delete use restrictions and rules and regulations applicable to all of the Units and Lots and the Common Property. Such regulations and use restrictions shail be binding upon all Owners and occupants untt] and unless overruled, canceled, ar modified in a regular or special meeting by both the vote of Class "A" members holding a Majority of the total votes in the
nding upon all Owners and occupants untt] and unless overruled, canceled, ar modified in a regular or special meeting by both the vote of Class "A" members holding a Majority of the total votes in the Association and the consent of the Class "B" member, so long as such membership shall exist. Such rules and regulations may apply Lo activities in the Community. including but not limited to, the use of the Common Property, traffic and parking rules. and the leasing of residences by the Owners thereof, Such rules and regulations shall not apply to Declarant or to any property owned by itand shall not be applied in any manner which would prohibit or restrict the development of the Community and/or the development, canstruction and sale of residences by Declarant.
Plokos bade 240 Re abs ve 12 Section 2. Occupants Bound. All provisions of the Declaration and of any rules and regulations or use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants of any Unit or Lot.
Section 3, Nuisance. [ft shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of his or her Unit or Lot.
No Unit or Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Unit ar Lot to appear to be in an unclean or unlidy condition or that will be obnoxious to the eve: nor shall any substance, thing, or material be kept upon any Unit or Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the Occupants of surrounding property. No noxious or offensive
oxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the Occupants of surrounding property. No noxious or offensive activity shall be carried on upon any Unit or Lot, nor shall anything be done thereon fending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the Unit or to the Lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any Way is noxious, dangerous, unsightly, unpleasant, or ofa nature as May diminish or destroy the enjoyment of the Community.
Section 4. Architectural Review. No existing residence and/or other improvements on any Lot or Unit shall be modified, enlarged or otherwise altered (including but not limited to change of exterior color scheme) nor shall any additional improvements be commenced, erected, placed, moved onte or permitted to remain on any Lot or Unit, except such as ts installed by Declarant or is approved in writing by the Architectural Review Committee (or the Board of Directors should no Architectural Committee have been formed) of the Association or its designee alter review of the plans and specifications showing the nature, kind, shape, heivht, materials and location submitted in writing to the ARC (or Board). The ARC (or Board) or its designee may promulyate written guidelines for the exercise of this review, The ARC (or Board) or its designee shall be the sole arbiter a such plans and may withhold upproval for any reason, including purely aesthetic considerations, and it shall be entitled to Slop any construction in violation of these restrictions. Any member of the ARC (ar Board) or of its designee
val for any reason, including purely aesthetic considerations, and it shall be entitled to Slop any construction in violation of these restrictions. Any member of the ARC (ar Board) or of its designee or the representatives of either shal] have the right, during reasonable hours. to enter upon any Lot or Unit to inspect any residence and/ar other improvements on such Lot or Unit for the purpose of ascertaining whether or not these restrictive covenants have been or are being complied with. Such person or persons shal! not be deemed guilty of trespass by reason of such entry. In the event that the Board or its designee fails to approve or to disapprove such plans and specifications within sixty (600) days after the plans and specifications have been submitted to it, approval will nal be required and this Section will be deemed to have been fully complied with.
The standards and procedures established by this Article and/or the ARC are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Community and, they do not create any duty to or rights in any person, Review and approval ofany application pursuant to this Article may be made solely an the basis of aesthetic considerations, The reviewer shal] not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications nar far ensuring compliance with building codes and other governmental 20368 Dwtly SOOT SGOT aaa 2 requirements, nor for ensuring that all dwellings are ofcomparable quality, value, or size, of similar design, or aesthetically pleasing or othenvise acceptable to neighboring property owners.
Declarant, the Association, the Board, the ARC, any other Association cammittee. ar member
or size, of similar design, or aesthetically pleasing or othenvise acceptable to neighboring property owners.
Declarant, the Association, the Board, the ARC, any other Association cammittee. ar member of any of the foregoiny shal! not be held liable for soil conditions, drainage, or other general site work; any defects in plans revised or approved hereunder; any Joss or damage arising out of the action, inaction, integrity, fmancial condition, or quality of work of any contractor or its subcontractors, employees, or agents, whether or not Declarant has approved or featured such coniractor as a builder in Texas; or any injury, damages, or loss arising out of the manner or quality or ather circumstances of approved construction on or modifications to any Lot. In all matters, the Bourd, the ARC and the members ofeach shall be defended and indemnified by the Association as provided in Article XJI, Section 10.
The reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as lopography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with duly adopted rules and regulations. No variance shall (a) be effective unless in writing, (b) be contrary (o this Declaration: or (c) estop the reviewer from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental! agency, the issuance of any pennitl, or the lerms of any financing shall not be considered a hardship warranting a variance.
Secuon 5, Antennas and Satellite Dishes.
permitted on any Unit or Lot.
considered a hardship warranting a variance.
Secuon 5, Antennas and Satellite Dishes.
permitted on any Unit or Lot.
(b) An antenna or satellite dish ofone meter (39 inches) or less, and other antennas and related masts are permitted to be placed on a Unit or Lot provided any such iter must comply with all of the below set forth minimum conditions. Further, the Association must receive written notification at its then current address from the Owner of the upplicuble Lat or Unit, on ar before the installation of any antenna. satellite dish and related mast provided for in this Section. Such nouficalion must include the (ype and color of antenna, satellite dish, and any related mast to be installed, and the method, mamner, and site of installation. The site must be shown ina plot plan.
If the Owner of a Unit or Lat proposes to jnstalf an anfenna, satellite dish and any related mast provided for in this Section in any manner whatsoever which does not strictly comply with the below set forth minimum conditions, such Owner must submit an application ta the Architectural Review Committee and obtain the written approval of the Architectural Review Committee prior to commencing such installation. In connection with the Architectural Review Commniittee’s decision, the Architectural Review Camimittce shall consider such factors as if deems appropriate, in its reasonable discretion. The application to the Architectural Review Canmmittee must be made on a form approved by the Architectural Review: Committee and contain such information as may be required by the Architectu ral Review Committee, including a statement which 27H IGE Jue Hy PSPEOO] Sh YP Says ] 4
pproved by the Architectural Review: Committee and contain such information as may be required by the Architectu ral Review Committee, including a statement which 27H IGE Jue Hy PSPEOO] Sh YP Says ] 4 specifically describes the manner in which it IS proposed that such antenna, satellite dish and related mast will vary from such minimum conditions. The Architectural Review Committee shall endeavor lo make its decision regarding the proposed antenna, satellite dish and any related mast on an expedited basis within seven (7) days after receipt by the Architectural Review Committee of the completed application and all information required therein. The granting ofa variance from such minimum conditions shall in no way affect the Owner's obligation to comply with all governmental laws and regulations and other regulations affecting the Lot or Unit concemed.
(c) Minimum Conditions. In addition to the foregoing requirements, no antenna, satellite dish, or any related mast shall be erected, constructed, placed, or pennitted to remain on any Lat or Unit unless such instalation strictly complies with the following minimum conditions (however, each minimum condition shall not apply if it unreasonably delays installation of the applicable antennae, satellite dish, and ary related mast, or unreasonably increases the cost of such items or their installation, or precludes reception of an acceptable quality signal): (i) The antenna, satellite dish and any mast must be located to the rear one-half{2) of tie Unit or Lot and must serve only improvements on the particular Unit or Lot in which it is located.
(i) To the extent feasible, the antenna, satellite dish and any mast, including its base and anchariny Stucture, shall not extend above the roofline of the residence located on the Unit
it is located.
(i) To the extent feasible, the antenna, satellite dish and any mast, including its base and anchariny Stucture, shall not extend above the roofline of the residence located on the Unit ce or Lot and shall not be visible from the frontage street or any adjoining street.
(ui) To the extent feasible, no antenna, satellite dish or mast shal] be constructed or placed or permitted fo remain on any ulility easement or other easement or right-of-way located on any Unit or Lot.
(iv) The antenna, satellite dish and any mast must be securely mounted toa base, so as to be able to withstand the effects of high winds or other extraordinary weather conditions: however no guy wires or similar Mounting apparatus will be allowed.
(v) No advertising slogans. logos, banners, signs or any other printing or illustration whatsoever shall be permitted upon or be attached to an antenna. satellite dish or mast.
(vi) No satellite dish or antenna shall ever be used for the transinission of any signal whatsoever and said antenna or satellite dish shall be for the purpose of receiving only normal signals through airwaves for television Viewing purposes only.
(vil) No antenna or satellite dish shall be permitted to cause any distortion or interference whatsoever with respect to any other electronic device in the Property.
(vin) The antenna or satellite dish shall be one solid color only, either white or black or shades of either brawn, gray, tan or natural metal.
AMR RGR Dethe FSP E RB OEY SAhg ] tha (ix) Each Unit or Lot shall be permitted to have no more than one antenna ar satellite dish and any related mast, as applicable, for each category of the following categories of video programming providers, to-wit: direct broadcast satellites, multi-channel multi-point
enna ar satellite dish and any related mast, as applicable, for each category of the following categories of video programming providers, to-wit: direct broadcast satellites, multi-channel multi-point distribution (wireless cable) providers, and television broadcast stations.
(x) Any antenna, satellite dish, or related mast installed hereunder shall be installed in a manner that complies with all applicable laws and regulations and manufacturer's instructions.
(x1) Ifany provision of the guidelines in this Section 5 is ruled invalid, the remainder of such guidelines shall remain in full force and effect.
(xi) The Owner of a Unit shall be responsible for any damage done to the exterior of the Unit caused by the installation of the antenna, satellite dish or related mast.
Section 6. Parking. Overnight parking of any vehicles in the strect 1s prohibited. The Board may make other Rules and Regulations with respect to the parking and/or storage of vehicles on Units and Lats, Section 7. Signs. Other than standard size for sale or rent signs, or sisms fora security company, no signs, billboards, posters or advertisiny devices of any kind shall be permitted on any Unit or Lot without the prior written consent of the ARC. The size, shape and color of any siens other than for sale signs must be as set forth in the rules of the ARC or as otherwise approved by the ARC. This section shall not apply to the Declarant.
Section S. Land Use and Building Type._ No structure shall be erected. altered, placed or permitted to remain on any Lot or Unit other than one detached or attached single-family dwelling not to exceed two and one-half (2 72) stories in height which must have a detached or allached garave
permitted to remain on any Lot or Unit other than one detached or attached single-family dwelling not to exceed two and one-half (2 72) stories in height which must have a detached or allached garave capable of housing nat less than two (2) automobiles. As used herein, the term “single family residential purposes” shall be canstrued to prohibit the use of said Lots for mobile homes, yurage apartments or apartment houses; and no Lot or Unit shall be used for business or professional purposes of any kind. nor for any commercial or manufacturing purposes.
The following specific restrictions and requirements shall apply to all Lots and Units in the Property: fa) Outbuildings: Provided the express Written consent of the Architectural Control] Committee is secured prior to installation and placement on a Lot or Unit, one (1) lawn storage building and/or one (1) children’s playhouse, each limited in maximum height to eight (8) feet from ground to highest point of structure, and each limited in size {oa maximum of 100 square feet of floor area. may be placed on a Lot or Unit.
The roof of any outbuilding shall be the same color as the rao {ofthe house on the Lot or Unit on which it is located. In no case ean the oulbuilding be placed ina utility easement; within five (5) feet afa side property line; or within ten (10) feet of the back property line. Additionally, no outbuilding structure of any type is permitted {7a 3n8 Dwlty FSEOOP RH OPTS 16 (b) (d) (c) (1) unless the specific Lot or Unit involved js completely enclosed by fencing in accordance with Section 18 of the Article VI. Othernvise, no building or structure of any kind (except for a house and garage) shall ever be moved onto or erected on any
pletely enclosed by fencing in accordance with Section 18 of the Article VI. Othernvise, no building or structure of any kind (except for a house and garage) shall ever be moved onto or erected on any Lot or Unit. It is intended hereby that, unless othenvise specifically approved pursuant to Section 4 of this Article V1, only new construction shall be placed und erected on any Lot or Unit within the Property. No carports of any kind shall be built, placed, or constructed on any Lot or Unit.
Garages: No garage shall ever be changed, altered or otherwise converted for any purpose inconsistent with the housing ofa minimum of two (2) automobiles at al} limes. All Owners, their families, tenants and contract purchasers shall, to the ges for the garaging of vehicles belonying greatest extent practicable, utilize such zara to them.
Decks muy not encroach jnto any utility easement unless the utility Decks: Nn consent to such encroachment, The companies involved have granted their writte location of the deck should not pose a problem to the effective drainage of the Lot or Unit or neighboring Lot or Unit and cannot be higher than 18” above natural ground.
The paint color of the deck should blend with or match the house.
Palio Covers: Patio covers attached to the house should be inteyrated into the existing roofline (flush with eaves). If the cover is to be shingled, shingles must mutch the roof of the house. The entire cover and posts should be trimmed, and the pail color should blend with or match the colar of the house. Wooden or metal column supports must be painted to match the house. No pipe supports are allowed.
The cover must not be visible from the street in front of the Lot or Unit, Exterior, Walls: No residence shall have less than one hundred percent (100%) brick,
the house. No pipe supports are allowed.
The cover must not be visible from the street in front of the Lot or Unit, Exterior, Walls: No residence shall have less than one hundred percent (100%) brick, or equivalent masonry construction on its exterior wal! area. The term “equivalent masonry construction” includes the siding cammnionty referred to as Hardiplank (or similar product approved by the Architectural Control Committee). Detached garages may have wood siding of a type and design approved by the Architectural Control Committee or its designated representative.
Roof Material: Unless othenvise approved in accordance with the last sentence of this subsection (f) the roof of all buildings on the Property shall be constructed or covered with asphalt composition shingles or fiberglass composition shingles witha minimunr manufacturer guarantee of twenty five (25) years. The color of any composition shingles shall be of wood tone, earth tone or in harmony with earth tone and shall he subject to written approval by the Architectural Control Committee prior to installation. Any other type of roofing material may be used only if approved in writing prior to installation by the Architectural Contral Committee.
AlodeS ba ty 35100186 Of ps-ad 17 (gy) Air Conditioners: No window or wall type air conditioners shall be permitted to be used, erected, placed, or maintained on or in any building or on any Lot or Unit, except in temporary buildings and then only if approved in writing by the Architectural Control Committee prior to installation or placement. All air conditioner compressors on all Lots or Units must be screened from view from al] strects by wooden fencing approved by the Architectural Control Committee.
prior to installation or placement. All air conditioner compressors on all Lots or Units must be screened from view from al] strects by wooden fencing approved by the Architectural Control Committee.
Section 9. = Minimum Square Footage Within Improvements, Each single-family dwelling 00) square constructed on a Lot or Unit shall contain a minimum of One Thousand Two Hundred (1,2 feet of livable area, exclusive of open porches and garayes.
Seclion 10. Landscaping. The grass, shrubs and trees on a Lot or Unit shall be ofa type and within standards approved by the Architectural Control Committee. The Owner or builder of each Lot or Unit, as a minimum. prior to completion of the construction of a residential dwelling shal] install (1) solid sod with grass in the area between his residential dwelling and the curb line(s) of the abutting street(s), and (2) plant no less than: (a) on non-comer Lots or Units, a minimum of two Yard Trees (as defined herein) on each Lat or Unit: and (b) on comer Lots or Units, a minimum of two Yard Trees on each Lot or Unit.
As used hercin, the term Yard Tree refers to a live oak tree or other tree approved by the ACC for such use in the front of the house ona Lot or Unit (or the front or side of the house on a corner Lot or Unit) approximately twentyfive (25) feet from the street curb with a minimum of 3 4" caliper width when measured six (6) fect above ground. All trees will havea minimum tree height of eight (8) feet. Notwithstanding anything to the contrary herein, all existing trees on a Lot or Unit shail be credited to the minimum tree requirement for each Lot or Unit.
The grass, plants, shrubs and trees shall be ofa type and within standards approved by the
, all existing trees on a Lot or Unit shail be credited to the minimum tree requirement for each Lot or Unit.
The grass, plants, shrubs and trees shall be ofa type and within standards approved by the Architectural Control Comumitiee’s landscape requirements. These landscape requirements may be revised by the Architectural Control] Committee from time to time.
Section JI}. Location of the Improyements Upan the Lot or Unit. No building shall be located on any Lot or Unit nearer to the front line or nearer to the street side line than the minimum building setback line shown on the recorded plats or replats; however, in no instance shall a building be located nearer to the front property line than twenty (20) fect unless approved in writing by the Architectural Control] Committee. The main residential structure shall be located no less than (10) feet from the rear property line. Subject to the provisions of Section 13 below, no part of the house building or garage shall be located nearer than five (5) feet to an interior side Lot or Unit line or ten feet (10°) to any exterior Lot or Unit line ona corner Lot or Unit. Any detached varage Jocated a distance of sixty-five (65°) or more from the front properly line afa Lot or Unit may be located not less than three feet (3°) fron an interior side Lot of Unit line. Notwithstanding any provision hereof APR GES tis 18 ta the contrary, no building or structure constructed on a Lot or Unit shall be allowed to encroach upon another Lot or Unit or to be situated closer than ten feet (10°) to a building or structure on any adjoining Lot or Unit. Unless otherwise approved in writing by the Architectural Control Conmnittee, each main residential building shall face the front of the Lot or Unit. For the purpose
ture on any adjoining Lot or Unit. Unless otherwise approved in writing by the Architectural Control Conmnittee, each main residential building shall face the front of the Lot or Unit. For the purpose hereof, the term “front Lot or Unit line” shall mean the property line ofa Lot or Unit that is adjacent and contiguous to a street or road shown on the subdivision plat, or if two or mare property lines are adjacent to a street, the ‘front Lot or Unit line” shall be the property line adjacent to a street that has the shortest dimension, and the term “street side Lot or Unit line” shall mean and refer to all property lines of any Lots or Units that are adjacent to a street except the front Lot or Unit line, and the “interior side Lot or Unit line” shal] mean and refer to all property lines oiher than the front Lot or Linit line and the street side Lot or Unit line. For the purposes of this covenant, eaves, steps, and unroofed terraces shal] not be considered as part of a building provided, however, this shat] not be construed to permit any portion of the construction ona Lot or Unit to encroach upon another Lot ar Lint, Unless otherwise approved in writing by the Architectural Control] Committee, each main residential building shall face the front building line.
Section 12. Composite Building Site. Subject to the approval of the Architectural Contro] Comittee, any Owner of one or more adjoining Lots or Units or portions thereof may consolidate or redivide such Lots or Linits or portions into one or more building sites with the privilege of placing or constructing improvements on such resulting sites, in which case the front footage at the building setback lines shall be measured from the resulting side properly Imes rather than from the Lot or Unit
onstructing improvements on such resulting sites, in which case the front footage at the building setback lines shall be measured from the resulting side properly Imes rather than from the Lot or Unit lines as indicated on the recorded plats. Anv such resulting building site must have a frontage at the building setback line of not less than forty-five fect (45°). Ifan Owner consolidates two or more adjoining Lots or Units, each original Lot or Unit shall continue to be assessed for maintenance as provided in Article IV. [fan Owner redivides a Lot or Unit, the resulting Lots or Units shall be assessed for maintenance as provided in Article [V as if each resulting Lot or Unit were an original Lot or Unit. .
Section 13. Use of Temporary Structures. No structure of temporary character, whether trailer, basement, tent. shack, garage, bam or other outbuilding shall be maintained or used on any Lot or Unit at any time as a residence, or for any other purpose, with the exception of lawn storage or children’s playhouses which are constructed with prior express Written consent of the Architectural Control Cammittee; provided, however, Declarant reserves the right to grant the exclusive right to crect, place and maintain such facilities in or upon any portions of the Lots or Units as in its sole discretion may be necessary or convenient while selling Lots or Unis, selling or constructing residences and constructing other improvements in the Community. Such facilities may include, bul not necessarily be limited ta, sales and construction offices, storage areas, model units, signs and portable toilet facilities. Garages, ifused during the development phase or new home construction as a sales office, are permissible provided it is converted to a regular garage capable of housing a
d portable toilet facilities. Garages, ifused during the development phase or new home construction as a sales office, are permissible provided it is converted to a regular garage capable of housing a minimum of two (2) automobiles prior to conveyance for occupancy by an Owner.
Section 14. Playhouses. Pools. or Other Amenity Structures. No above ground pools are permitted at all on any Lots or Units. Playhouse or fort style structures are limiled to a maximum overall height ofeight feet (S") and an above ground grade deck maximum height of forty-two inches ADOMGOS Pa tiv FSOE RG OED Sag 19 (42”). The intent of this provision is to. offer optimum private enjoyment of adjacent properties.
Additionally, playground equipment of any type or ameuity structures of any type are pernutted only when the specific Lot or Unit involved is completely enclosed by fences in accordance with Section 18 of this Article VI.
Section 15. Storage of Automobiles. Boats. Trailers and Other Vehicles. No vehicle with or without a motor may be parked or stored on any part of any Lot or Unit, easement, right-of-way, or Commion Area unless such vehicle is concealed from public view inside a garage provided the doors ray be closed and secured or other approved enclosure, except passenger automobiles, passenger yans or pick-up trucks that: (1) are in operating condition; (2) have current license plates and inspection stickers; (3) are in daily use as motor vehicles on the streets and highways of the State of Texas; and (4) which do not exceed six feet stx inches in height, or seven feet six inches in width or twenty-one feet in length, may be parked in the driveway on such Lot or Unit. No non-motorized
of Texas; and (4) which do not exceed six feet stx inches in height, or seven feet six inches in width or twenty-one feet in length, may be parked in the driveway on such Lot or Unit. No non-motorized vehicle, trailer, boat, marine craft, hovercraft, aircraft, machinery or equipment of any kind may be parked or stored, on any part of any Lot or Unit, easement, right-of-way, or Common Area unless such object is concealed from public view inside a garage provided the doors may be closed and secured or other approved enclosure. No repair work, dismantling or assembling of motor vehicles or other machinery or equipment shall be done or permitted on any street, driveway or any portion of the Community. No motor bikes, motorcycles, motor scooter, “go carts” or similar vehicles shall be permitted to be operated in the Community, in the sole judgment of The Board of Directors of the Association such operation, by reason ofnoise or fimes emitted, or by reason of manner of use, shall constitute a nuisance or jeopardize the safety of the Owner, his tenants, and their families. The Board of the Association may adopt rules for the regulation of the admission and parking. of vehicles _ Within the Common Areas, including the assessment of charges to Owners who violate, or whose invilees violate, such rules. Lf a complaint is received about'a violation of any part of this Section, the Architectural Control Committee will be the fina! authority on the matter. This restriction shall not apply to any vehicle, machinery, or maintenance equipment temporarily parked and in use for the construction, repair or maintenance of subdivision facilities or of a house or houses in the immediate vicinity.
“Section 16. Mineral Operations. No derrick orother structures designed for the use in boring
uction, repair or maintenance of subdivision facilities or of a house or houses in the immediate vicinity.
“Section 16. Mineral Operations. No derrick orother structures designed for the use in boring for oil or natural gas or their minerals shall be erected, maintained, or permitted upon any Lot or Unit, nor shall any tanks be permitted upon any Lot or Unit.
Section 17. Animal Husbandrv. No animals, snakes, livestock or poultry of any kind shall be ‘raised, bred or kept on ary Lot or Unit except dogs, cats or other conunon household pets may be kept provided they are not kept, bred or maintained for commercial purposes. No more than two common household pets will be permitted on each Lot or Unit. Ifcommon household pets are kept, such pets must be restrained and confined on the Owner’s back Lot or Unit. It is the pet owner’s responsibility to keep their Lot or Unit, other Lots or Units, the Common Area and other portions of the Comniunity clean and free of their pet’s debris. Pets must be on ajJeash when away from the Lot or Unit.
426308. bwtly 73100186 GETS 20 Section 18. Walls, Fences, and Hedges. No hedge in excess of three (3) feet in height, wall or fence shall be erected or maintained nearer to the front lot line than the walls of the dwelling existing on such Lot or Unit. No side or rear fence, wall or hedge shal] be more than six (6) feet in height except as approved by the Architectural Control Committee. No chain link fence type construction will be permitted on any Lot or Unit. AI} fences and walls shall be of cedar construction or better Lots or Units, which abut or backup to a public street, must have fencing along such street, which is approved by the ACC.
Section 19. Virtual Obstruction at the Intersections of Public Streets. No object or thing
, which abut or backup to a public street, must have fencing along such street, which is approved by the ACC.
Section 19. Virtual Obstruction at the Intersections of Public Streets. No object or thing which obstructs site lines at elevations between two (2) feet and eight (8) feet above the roadways within the triangular are formed by the intersecting street property lines and a line connecting them at ‘paints ten (10) feet from the intersection of the street property lines or extension thereof shall be placed, planted or permitted to remain on any comer Lots or Units.
Section 20. Lot Maintenance. The Owners or occupants of all Lots and Units shall at all times keep all weeds and grass thereof cut in a sanitary, healthful and attractive manner and shall in no event use any Lot or Unit for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted, which materials and equipment shall be stored so as not to be visible from any street. Each Owner shall keep the Jawn on such Owner's Lot or Unit fertilized, watered, weeded and otherwise in a living, attractive condition and appearance. Each Owner shall edge the grass adjacent to all sidewalks, driveways and streets on or adjacent to such Owner’s Lot or Unit and shall keep all landscaping, shrubs and trees on such Owner's Lot or Unit on a neat, living, well maintained condition. The drying of clothes in public view is prohibited. The Owner or occupants of any Lot or Unit shail construct and maintain a fenced enclosure to screen drying clothes from public view. Similarly, all yard equipment (including water hoses), wood piles, or storage piles shall be kept screened by a
ail construct and maintain a fenced enclosure to screen drying clothes from public view. Similarly, all yard equipment (including water hoses), wood piles, or storage piles shall be kept screened by a fenced service yard or other similar facilities so as lo conceal them from view of neighboring Lots or Units, any street or other property. No Lot or Unit shall be used or maintained as a dumping ground for trash, nor will the accumulation of garbage, trash or rubbish of any kind thereon be permitted.
Buming of trash, garbave, leaves, grass or anything else will not be permitted. Trash, garbage or other waste materials shal! be kept in sanitary containers constructed of metal, plastic or masonry materials with sanitary covers or ids or as required by any applicable municipal ordinance.
Equipment for the storage or disposal of such waste materials used in the construction of improvements erected upon any Lot or Unit may be placed upon such Lot or Unit at the time construction is commenced and may be muintained thereon for a reasonable time, so long as the construction progresses without undue delay, until the completion of the improvements, after which these materials shall either be removed from the Lot or Unit or stored in a suitable enclosure on the Lot or Linit. In the event of default on the part of the Owner or occupant of any Lot ar Unit in observing any of the above requirements, such default continuing after ten (10) days’ written notice thereof, being placed in the U.S. mail without the requirement of certification, Declarant or its assigns may, without liability to the Owner or occupant, enter upon said Lot or Unit and cause to be cutsuch weeds and vrass, and remove or cause to be removed such garbage, trash and rubbish, or do
s assigns may, without liability to the Owner or occupant, enter upon said Lot or Unit and cause to be cutsuch weeds and vrass, and remove or cause to be removed such garbage, trash and rubbish, or do any other thing necessary to secure compliance with these restrictions so as to place said Lot or Limit 308 fwtbky FS LOOP UL Sd 21 in a neat, attractive, healthful, and sanitary condition, and may reasonably charge the Owner or occupant of such Lot or Unit for the cost of the work. Said charges shall become an assessment against the Lot or Unit and secured by the lien created in Article IV. Minimum standards for lawns will be deemed violated if for any Lot or Unit the grass exceeds the height of six (6) inches or if the Directors of their agent determine the presence of excess weeds not consistent with the standard of surrounding properties. Further, Declarant or its assignee reserves the right to contract or arrange for regular garbage pick up service for the Lot or Unit Owners. The Owner or occupant, as the case may be, by the purchase or occupancy of a Lot or Unit, agrees to pay for such work or service immediately upon receipt of a statement, and the amount thereof may be added to the annual maintenance charge assessed against such Lot or Unit and become a charge thereon in the same manner as the regular annual maintenance charge provided for herein. Trash cans and/or bags may not be stored or placed in an area visible from a street except on days trash is scheduled to be removed.
Secon 2]. Noise. Except in an emergency or when unusual circumstances exist (as determined by the Board of Directors), outside construction work or noisy interior construction work shall be permitted only after 7:00 a.m. and before 9:00 p.m. Each Owner shal] cause any pet owned
s determined by the Board of Directors), outside construction work or noisy interior construction work shall be permitted only after 7:00 a.m. and before 9:00 p.m. Each Owner shal] cause any pet owned by such Owner not to bark or make an unreasonable amount of noise prior to 7:00 a.m. or after 9:00 p.m. and shall cause such pet not to make excessively loud noises between 7:00 a.m. and 9:00 p.m., which would cause a nuisance to any other Owner.
Section 22. Interpretation. If this Declaration or any word, clause, sentence, paragraph or other part thereof shall be susceptible of one or more conflicting interpretations, the interpretation which is most nearly in accord with the general purposes and objectives of this Declaration shall govern and may be corrected or clarified by Declarant’s preparation, execution and recording of a supplement to tie Declaration.
Section 23. Flagpoles: Decorations. No flagpoles shall be perniitted on any Lots or Units except as permitted herein. With the approval of the ACC an Owner may attach a pole no longer than six fee in length to the Owner's home for the purpose of flying the flag of the United States of America, the State of Texas, or any seasonal banners or flags approved by the ACC.
No Lot or Unit maycontain any tems tntended to be decorative (except for flays und banners as approved abave ar by the ACC and except for landscaping) which are visible from any street, withoul the approval ofthe ACC. Items which are intended to be decorative shall include, but not be limited to, plastic birds or flaminyos, artificial plants or flowers, fountains, windsocks, lawn jockeys, topiaries, more than six (6) plant containers and statuary.
Notwithstanding the foregoing to the contrary, an Owner may place decorations on their Lot
s or flowers, fountains, windsocks, lawn jockeys, topiaries, more than six (6) plant containers and statuary.
Notwithstanding the foregoing to the contrary, an Owner may place decorations on their Lot or Unit in connection with the celebration of a holiday approved by the ACC provided such decorations are removed within thirty (30) days after the holiday and are set up no sooner than fortyfive (45) days prior to the holiday.
Section 24, Basketball Goals. Permanent basketball soals will only be permitted in the back HkHe bwiy SFLOOT SG OL LS 7 yards of Lots or Units and shall not be visible from the front of the Lot or Unit. On corner Lots or Units, the backboard must be located behind the house and on the side of the yard closest to the adjacent Lot or Unit to minimize its visibility from the side street. The basketball! goal backboard, net and post must be maintained in excellent condition at all times. Portable goals must be maintained in excellent condition at all times, and must have the pole, backboard, rim and net. Portable goals must be kept close to the front building line of the Lot or Unit (front edge ofhome) and are not allowed in the street, at the curb, or blocking the sidewalk. Portable goals should not become a nuisance to others, Section 25, Sidewalks and Driveways. No sidewalk, walkway, improved pathway. deck, pauio, driveway or other improvements shall be constructed on any Lot or Unit unless and until the plans and specifications therefore are submitted to and approved by the Architectural Contro!
Committee as provided in Section 4 of this Article VIL A conercte sidewalk four (4) feet wide shall be constructed parallel to the curb two (2) feet from and “outside” the property line along the entire
mmittee as provided in Section 4 of this Article VIL A conercte sidewalk four (4) feet wide shall be constructed parallel to the curb two (2) feet from and “outside” the property line along the entire fronts of all Lats or Units. In addition thereto, four (4) foot wide sidewalks shall be constructed parallel to the curb two (2) feet from and “outside” the property line along the entire side of all comer Lots or Units, and the plans for each residential building on each of said Lots or Units shall include plans and specifications for such sidewalk and same shall be constricted and completed before the main residence is occupied. Furthermore, at each sum intersection and/or pedestrian crosswallc where a sidewalk shall abut the curb, there shall be provided curb ramps with a rough, non-skid surface to accommodate handicapped individuals in wheelchairs before the main residence is occupied. The type of construction and the specification for said curb ramps must be as provided by the Cily of Houston Engineering Department. All sidewalks and driveways shall comply with the design guidelines promulgated by Clear Brook City Municipal Utility District.
Section 26. Mailboxes. All mailboxes on the Lots or Units shall be Old Town Series mailboxes from Perfection Fireplace & Supply and conform to all other requirements ofthe ACC. If the foregoing style mailbox is ever discantinued, the ACC shall select another, similar brand to be used in the future on the Lots or Units. Additionally, all mailboxes on Lots or Units must have a six inch (6") concrete collar above grade at the base of the mailbox.
Section 27. Deviations in Restrictions. The Declarant, and/or the Architectural Control
all mailboxes on Lots or Units must have a six inch (6") concrete collar above grade at the base of the mailbox.
Section 27. Deviations in Restrictions. The Declarant, and/or the Architectural Control Committee at its sole discretion, is hereby permitted to approve deviations in the restrictions set forth herein in instances where, in its sole judgment, such deviation will result in a more common beneficial use. Such approvals must be granted in writing. Any deviations granted must be in the spirit and intent of the welfare of the overall Community.
Section 28. Maintenance of Improvements. Each Owner shall at all times be obligated tu maintain, repair, replace and renew or cause to be maintained, repaired, replaced or renewed all improvements on a Lot or Unit so owned or occupied (and the area between the boundary tines of adjacent property and adjacent strects if such area is not otherwise maintained), so as to keep same in a clean, sightly, safe and first-class condition consistent with its original intended appearance.
Unless expressly assumed by the Association, an Owner’s maintenance obligation shall include, but not be limiled ta: the maintenance of all visible exterior surfaces of all butidings on Lots and other SUA3GS to ty SS EMH NO GEL Satie 23 improvements; the prompt removal of all paper, debris, and refuse; the removal and replacement of dead and diseased trees and plantings and all snow and ice from paved areas; the repair, replacement, and cleaning ofall signs and lighting fixtures; the mowing, watering, fertilizing, weeding, replanting and replacing of all approved landscaping and, during construction, the cleaning of dirt, construction debris and other construction-related refuse from streets and storm drains and inlets,
replanting and replacing of all approved landscaping and, during construction, the cleaning of dirt, construction debris and other construction-related refuse from streets and storm drains and inlets, if any improvement is damaged or destroyed, the Owner shall! diligently proceed to restore such improvement to the condition existing prior to such damage or destruction or, in the alternative, raze and remove such improvement and landscape the property pursuant to a landscaping plan approved by the Architectural Control Committee. In the event of default on the part of the Owner or occupant ofany Lot or Unit in observing any of the above requirements, such default continuing after ten (1 0) days’ written notice thereof, being placed in the U.S. mail without the requirement of certification, Declarant or its assigns may, without liability to the Owner or occupant, enter upon said Lot or Unit and cause to be cut such weeds and grass, and remove or cause to be removed such garbage, trash and rubbish, or do any other thing necessary to secure compliance with these restrictions so as to place said Lot or Unit in a neat, attractive, healthful, and Sanitary condition, and may reasonably charge the Owner or occupant of such Lot or Unit for the cost of the work. Said changes shall become an assessment against the Lot or Unit und secured by the lien created in Article IV.
Section29. — Street Lights and Street Signs. Street lights in the Community shill be ofa gas lamp type and the bulbs shall he halophane bulbs. Street signs shall be of the type currently being installed in new developments in the Clear Brook City MUD.
ARTICLE VU Insurance and Casualty Losses Section]. Insurance. The Association's Board of Directors or its duly authorized agent
rrently being installed in new developments in the Clear Brook City MUD.
ARTICLE VU Insurance and Casualty Losses Section]. Insurance. The Association's Board of Directors or its duly authorized agent shall have the authority to and shall obtain insurance for all insurable improvements on the Conmmen Property and for all buildings containing Units. This insurance obtained by the Association shall not cover improvements on the Lots. This insurance for the Common Property and Units shall cover loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Each Unit Owner should obtain insurance to cover the contents of its respective Unit. Each Lot Owner should obtain insurance for all insurable improvements on the Lot (with the same type of coverage described above for the Units) and for the contents of such Lot.
The Board shall obtain a liability insurance applicable to the Common Property covering the Association and its members for all damage or injury caused by the negliyence of the Association or uny of ils members or agents, and, ifreasonably available, directors’ and officers’ liability insurance.
Owners shall obtain liability insurance applicable to their individuals Lots and Units.
420208 Pwily TSLOD1 Su OTS 02 IA Premiumis for all insurance which it is the obligation of the Association to provide for the benefit of the Association shall be common expenses of the Association. Premiums for insurance which is for the benefit of Units will be apportioned equally among the Units and shall be included
r the benefit of the Association shall be common expenses of the Association. Premiums for insurance which is for the benefit of Units will be apportioned equally among the Units and shall be included only in the assessments paid by Unit Owners. The policies may contain a reasonable deductible, and the amount thereof shall be added to the face amount of the policy in determining whether the insurance at least equals the full replacement cost.
In addition to the other insurance required by this Section, the Board shall obtain, ifand to the extent necessary, a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds. The amount of fidelity coverage shall be determined tn the directors' best business judgment. Bonds shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation and may not be cancelled or substantially modified without at least ten (10) days’ prior written notice to the Association.
Each Owner of a Lot covenants and agrees to obtain its casualty and liability insurance with respect to the Lot and improvements located thereon owned by such Owner, the casualty portion to be man amount sufficient to cover the full replacement cost of any repair or reconstruction. The Association may provide insurance for the improvements on individual Lots with the approval of the Owner of the Lot, the premium for which shall be a Reimbursement Assessment against such Lot.
Section 2. Damage and Destruction.
(a) In General, Immediately after the damage or destruction by fire or other casualty .toall or any improvement covered by insurance written in the name of the Association, the Board of
d Destruction.
(a) In General, Immediately after the damage or destruction by fire or other casualty .toall or any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty.
(b) Repair and Reconstruction, Any damage or destruction to any Unit or Units or Lot or Lots shall be repaired or reconstructed. Any damage or destruction to any Comman Property shall be repaired or reconstructed unless at least seventy-five percent (75%) of the Class "A" members and the Class "B" member, so long as such membership exists, agree otherwise.
If the damage or destruction for which the insurance proceeds are paid is to be repaired oy reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity ofa vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots and Units owned by such Owners if the damage was to the Common Property and to the Owners of Units only ifthe damage is to the buildings containing Units. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. Ifthe funds available from insurance exceed the costs of repair or reconstruction or ifthe improvements are not repaired or reconstructed, such excess shal] be
pletion of any repair or reconstruction. Ifthe funds available from insurance exceed the costs of repair or reconstruction or ifthe improvements are not repaired or reconstructed, such excess shal] be 420308, Luly 35 be OLD Aas ta ‘an deposited to the benefit of the Association; provided that the Owner and Mortgavee of any Unit for which proceeds are received agree to the distribution as their interest may appear.
In the event that it should be determined by the Association in the manner described above that the damage or destruction to the Common Property shall not be repaired or reconstructed and no aliernalive improvements are authorized, then and in that event the property shail be restored to its natura] state and maintained as an undeveloped portion of the Common Property by the Association in a@ neat and attractive condition.
ARTICLE Vil Condemnation Section !. Common Property. [fthe taking involves a portion of the Common Property on which improvements have been constructed, then, unless within sixty (60) days after such taking, the Class "B" member (if such membership shall then exist) and at least seventy-five percent (75%) of the Class "A" members of the Association shall otherwise agree, the Association shall restore or replace such improvements so taken on the rematning land included in the Common Property to the extent lands are available therefore. The provisions of Article VIT, Section 2, above, applicable to Common Property improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced.
Section2. Units. If the taking includes one or more Units, or any part or parts thereof,
ent or restoration and the actions to be taken in the event that the improvements are not restored or replaced.
Section2. Units. If the taking includes one or more Units, or any part or parts thereof, whether or not there is included in the taking any part of the Common Property, then the award shall be disbursed and all related matters shall be handled pursuant to and in accordance with the consent ofno less than fifty percent (50%) ofall Owners of Units expressed ina duly recorded amendment to this Declaration; provided that the consent of the Owner or Owners of the Unit or Units so taken must first be obtained. H such consent cannot be obtained, the funds shall be disbursed as the court may detennine.
ARTICLE (X Morteagee Provisions The following provisions are for the benefit of holders of first Mortgages on Units or Lots in the Community. The provisions of this Article apply to both this Declaration and to the By-Laws, notwithstanding any other provisions contained therein.
Section 1]. Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage. who provides written request to the Assoctation (such request to state the name and address of such holder, insurer, or guarantor and the Unit or Lot number), (therefore becoming an “elizible halder"), will be entitled to timely written notice off (a) any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Unit or Lot on which there is a first Mortvaye held, insured, or uuaranteed by such eligible holder; 425508 Tw th A2ioui So sper 4 6 (b) any delinquency in the payment of assessments or charges owed by an Owner of a Unit or Lot subject to the Mortgage of such eligible holder, where such delinquency has continued
A2ioui So sper 4 6 (b) any delinquency in the payment of assessments or charges owed by an Owner of a Unit or Lot subject to the Mortgage of such eligible holder, where such delinquency has continued for a period of sixty (60) days; provided, however, notwithstanding this provision, any holder of a first Mortgage, upon request, is entitled to written notice from the Association of any default in the performance by an Owner of the mortgaged Unil or Lot of any obligation under the Declaration or By-Laws of the Association which is not cured within sixty (60) days; provided further that the Association may. but shall not be obligated. to give such eligible holder notice of any delinquency or default: or (¢) any lapse, cancellation, or material modification of any insurance policy maintained by the Association.
Section 2. No Priority. No provision of this Declaration or the By-Laws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgugee of any Unit or Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Property.
Section3. Notice to Association. Each Unit Owner and Lot Owner other than Declarant shall be obligated to furnish to the Association the name and address of the holder ofany mortgage encumbering such Owner's Unit or Lot. Each Unit Owner or Lot Owner shall be obligated to furnish the Association any changes to such information within a reasonable time afler such changes become effective.
ARTICLE X Secion |]. Easements for Encroachment and Overhang. There shall be reciprocal appurtenant easements for encroachment and overhang and drainage (as well as an easement for
s become effective.
ARTICLE X Secion |]. Easements for Encroachment and Overhang. There shall be reciprocal appurtenant easements for encroachment and overhang and drainage (as well as an easement for repair and maintenance of any such encroachment and overhang) as between each Unit and such portion or portions of the Common Property adjacent thereto or as between adjacent Units due to the unintentional placement or settling ar shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration) to a distance of not more than five (3) feet, as measured from any point on the common boundary between each Unit and the adjacent partion of the Common Property or as between adjacent Units, as the case may be, along a line perpendicular to such boundary at such point; provided, however, in no event shall an easement for encroachment exist if such encroachment occurred due to willful conduct on the part of an Owner, tenant, or the Association. The Easements for encroachment and overhang also include and allow for drainage from any overhang anto adjacent Units.
dledas fwos 381600 S60 Ob PS 04 17 Section 2. Easements for Use and Enjoyment.
(a) Every Owner of a Unit or Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Property which shall be appurtenant to and shall pass with the tide to his Unit or Lot, subject to the following provisions: (i) the right of the Association to charge reasonable admission and other fees for the use of any portion of the Common Property and to limit the number of guests of Unit and Lot Owners and tenants who may use the Common Property; (ii) the right of the Association to suspend the voting rights of a Unit or Lot
he Common Property and to limit the number of guests of Unit and Lot Owners and tenants who may use the Common Property; (ii) the right of the Association to suspend the voting rights of a Unit or Lot Owner and the right of such Owner to use the recreational facilities in the Community, ifany, for any period during which any assessment against his Unit or Lot which is hereby provided for remains unpaid; and, for a reasonable period of time for an infraction of the Declaration, By-Laws, ar rules and regulations; (iii) the night of the Association to borrow money for the purpase of i Improving the Common Property, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and give as security for the payment of any such loan a mortgage conveying al} or any portion of the Common Property; provided, however, the lien and encumbrance of any such mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Unit or Lot Owner, or the holder ofany Mortgage, irrespective of when executed, given by Declarant or any Unit or Lot Owner encumbering any Unit or Lot or other property located within the Community (any provision in this Declaration or in any such Mortgage given by the Association to the contrary. notwithstanding the exercise of any rights therein by the holder thereofin the event of a default thereunder shall not cancel ar terminate any rights, easements or privileges herein reserved or established for the benefit of Declarant, or any Unit or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Unit or Lot Owner
vileges herein reserved or established for the benefit of Declarant, or any Unit or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Unit or Lot Owner encumbering any Unit or Lot or other property located within the Community); and (iv) the right of the Association to dedicate or transfer all or any portion of the Common Property subject to such conditions as may be agreed ta by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by at Jeast two-thirds of the votes which the Class "A" members of the Association present, or represented by proxy, are entitled to cast at a meeting duly called for such purpose and by the Class "B" member of the Association, so Jony as such membership shall exist; and (v) the right of the Declarant to annex additional real property and the Unils and Lots located thereon into the Association and made subject to the terms of this Declaration; and (v1) the right of Declarant and/or the Association to modify the Common Property as set forth in this Declaration; and fleas putty JA PG} fa Ob) acod 28 (vil) the right of Declarant and/or the Association regarding the Community und Common Property, as reserved in this Declaration, including the right to utilize the same and grant use rights, cte., to others; and (vill) rules and regulations adopted governing use and enjoyment of the Common Property.
(b) Any Unit or Lot Owner may delegate his or her night of use and enjoyment in and to the Common Property and facilities located thereon to the members of his family, his tenants and yuests and shall be deemed to have made a delegation of all such rights to the occupants of any SS
d to the Common Property and facilities located thereon to the members of his family, his tenants and yuests and shall be deemed to have made a delegation of all such rights to the occupants of any SS leased Unit or Lot.
Section3, Easements for Utilities. There is hereby reserved to the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, instalation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, telephone and electricity, as well as storm drainage and any other service such as, but not limited to, a master television antenna system, cable television system, alarm monitoring system or internet conimunication system which the Association might decide to have installed to serve the Community. It shall be expressly pemnissible for the Association or its designee, as the case may be, to instal], repair, replace. and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such casement.
Section4. Easement for Entry. The Association shall have an easement but not any obligation to enter into any Unit or Lot for emergency, security, safety, and for other purposes reasonably necessary for the proper maintenance and operation of the Community, which right may be exercised by the Association's Board of Directors, officers, agents, employees, managers, and all
ses reasonably necessary for the proper maintenance and operation of the Community, which right may be exercised by the Association's Board of Directors, officers, agents, employees, managers, and all policemen, firemen, ambulance personne}, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. It is intended that this right of entry shall include (and this right of entry shall include) the right of the Association to enter a Unit or Lot to cure any condition which may increase the possibility ofa fire or other hazard in the event an Owner fails or refuses to cure the condition upon request by the Board. The easement for entry granted in this section is also for the benefit of each Owner, for ingress and egress, over and across the real property of other Lots and Units owned by other Owners (although this easement for Owners does not extend ta the inside of the improvement ofa Unit or on a Lot) for emergency purposes and/or during emergency situations, lo allow Owners to remove themselves from danger.
Section 5. Construction of Common Property Improvements. Declarant has constructed, ar may construct, certain facilities and improvements as part of the Common Property, tozether with equipment and personalty contained therein, and such ather improvements and personalty as Declarant determines, in its sole discretion. Declarant shall be the sole judye of the compasition of 42n3as twaly SS) So OFA Ses 29 such facilities and improvements. Prior to the termination of the Class B membership, Declarant shall have the absolute right to, from time to time, in tts sole discretion, construct additional
Ses 29 such facilities and improvements. Prior to the termination of the Class B membership, Declarant shall have the absolute right to, from time to time, in tts sole discretion, construct additional improvements and facilities on the Common Property and to remove, add to, modify and change the boundaries, facilities and improvements now or then part of the Common Property. Declarant is not obligated to, nor has it represented that it would, modify or add to the facilities or improvements on the Common Property as they are contemplated as of the date hereof, if any. Declarant is the sole judge of al] matters concerning the Common Area until the Class B membership terminates, including the plans, specifications, design, location, completion schedule, materials, size and contents of the facilities and improvements or changes to any of them.
Section 6. Use. The Common Property shall be used and enjoyed by the Owners on a nonexclusive basis in common with other persons, entities and corporations, who may, but are not required to be, members ofthe Association, entitled to use those portions ol the Common Property.
Prior to the expiration of the Class B membership, the Declarant, and thereafter the Association, has the right, at any time and all times, and from time to time, to further additionally provide and make the Common Property available to other individuals, persons, firms or corporations, as it deems appropriate. The granting of such rights shall not mvalidate this Declaration, reduce or abate any Owner's obligations pursuant to this Declaration, or give any Owner the right to avoid any of the covenants, agreements or obligations to be performed hereunder.
Section 7. Indemnification. The Association and Owners each covenant and agree, jointly
or give any Owner the right to avoid any of the covenants, agreements or obligations to be performed hereunder.
Section 7. Indemnification. The Association and Owners each covenant and agree, jointly and severally, to indemnify, defend and hold harmless Declarant, its respective officers, directors, parent and/or subsidiary entities, partner(s) and any related persons or corporations, and their . employees, professionals and agents Irom and against any and all claims, suils, actions, causes of action or damages arising from any personal injury, loss of life, or damage to property, sustained on or about the Common Property or other property serving the Association and improvements thereon, orresulting from or arising out of activities or operations of Declarant or of the Association, or of the Owners, and from and,.against all costs, expenses, courl costs, counsel fees (including, bul noi limited to, expenses, court costs, counsel fees (including, but not limited to, all trial and appellate levels and whether or not suit be instituted), expenses and liabilities incurred or arising from any such claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders, judgments or decrees which may be entered relating thereto. The costs and expense of fulfilling this covenant of indemnification shall be considered operating costs of the Association to the extent such matters are not covered by insurance maintained by the Association. IT IS EXPRESSLY ACKNOWLEDGED THAT THE INDEMNIFICATION IN THIS SECTION PROTECTS DECLARANT (AND ANY PARENT OR SUBSIDIARY OR RELATED ENTITY OF ANY OF IT) FROM THE CONSEQUENCES OF THEIR RESPECTIVE ACTS OR OMISSIONS, INCLUDING WITHOUT LIMITATION, DECLARANT'S (OR ANY PARENT'S
PROTECTS DECLARANT (AND ANY PARENT OR SUBSIDIARY OR RELATED ENTITY OF ANY OF IT) FROM THE CONSEQUENCES OF THEIR RESPECTIVE ACTS OR OMISSIONS, INCLUDING WITHOUT LIMITATION, DECLARANT'S (OR ANY PARENT'S OR SUBSIDIARY’S OR RELATED ENTITY’S) NEGLIGENT ACTS OR OMISSIONS, TO THE FULLEST EXTENT ALLOWED BY LAW.
Section §. Telecommunication Services. The Declarant or Association may provide, either directly or by contracting with other parties, various telecommunication services to the Property.
The Declarant or the Board of Directors of the Association or shall have the sole discretion to S2y363 wily TSO b SG GY PS 30 determine whether or not such telecommunication services are provided, the types of services to be provided, the manner in which such services will be provided, the amount to be charged, and the method of paying for such services. The Declarant and/or the Association shall utilize the easements reserved in Sections 3 and 4 of this Article X to provide such services. Should the Declarant be the entity to provide such services, the Association agrees not to cancel any contracts entered into by Declarant except for good cause.
(a) Types of Communication Services. The types of telecommunication services that may be provided by or through the Declarant or Association shall include, but not be limited to, any or all of the following: (i) local and long-distance telephone service; (ii) voice mail service, (iii) cable television service; (iv) internet connectivity including intranet services; (v) private television channels for education and conununity purposes; (vi) video monitoring of streets, Common Property, and other public areas; (vii) central home systems for fire and burglary detection; (viii) electronic
channels for education and conununity purposes; (vi) video monitoring of streets, Common Property, and other public areas; (vii) central home systems for fire and burglary detection; (viii) electronic utility meter reading systems; (ix} electronic mail systems, and (x) such other similar tclecommunications services as the Board of Directors determines to be necessary or beneficial for the members.
(b) Common Property Facilities. The telecommunications equipment, wiring and other facilities that are necessary to provide the telecommunication services may be owned by the Declarant or Association or the Declarant or Association may contract with other parties to provide such facilities on behalf of the Declarant or Association. The cost and expense of constructing, installing, operating, maintaining, repairing and replacing such T[acilities shall be paid by the Declarant or Association or such other party, and may included as part of the annual assessments and - special assessments to the members.
(c) Residence Facilities. If the Declarant or Association determines to provide telecommunication services, if may require that each residence constructed in the Property include wiring and other necessary equipment or other necessary facilities to provide access to the residence for the telecommunication services described above. The necessary equipment will provide a connecting tenninal for the wiring that extends to each outlet or point of access in the residence for ihe telecommunications services. The Declarant or Association shall have the right to designate the type of necessary equipment to be installed and the manner in which such necessary equipment shall be operated, maintained and repaired, and may from time to time, designate appropriate replacements
e type of necessary equipment to be installed and the manner in which such necessary equipment shall be operated, maintained and repaired, and may from time to time, designate appropriate replacements or improvements to the necessary equipment. The Declarant or Association may contract with other parties to provide the foregoing services relating to the necessary equipment. The Declarant or Association may require each Owner to pay all costs and expenses required to purchase, install, maintain, repair, replace or improve the necessary equipment for the Owner's which shall be paid each Owner in the same manner as a special assessment. The necess ary equipment shall remainasa permanent fixture to the residence and may not be removed from the residence when it is sold to another party. The Declarant or Association and the parties with whom it contracts to provide services relating to the necessary equipment shall have an easement and nyht of entry over and across cach Lot and Unit and into each residence for the purpose of installing, maintaining, repairing, replacing and making improvements to the necessary equipment, 220368. fwtly ISPOOTNG OL pSaia 4 (d) Optional Services. The installation ofa necessary equipment in a Residence does not obligate the Owner to accept or pay for any of the telecommunication services that may be provided by, or available through, the Declarant or Association (except to the extent the Board of Directors determines to provide a service to all members paid with annual assessments). Unless provided to all Owners and included in the annual assessments, each Owner shall have the right to (i) accept and pay for any such services provided by or through the Declarant or Association, (ii) contract with
o all Owners and included in the annual assessments, each Owner shall have the right to (i) accept and pay for any such services provided by or through the Declarant or Association, (ii) contract with another party to provide such services, or (iii) decline such services, in whole or in part.
Section 9. Securitv and Other Services. The Association and/or Declarant may also, but shall not be obligated, to provide alarm monitoring and other services and facilities for the Property and shall be authorized to enter into contracts with other entities to provide such services and facilities. In addition to assessments, the Board shail be authorized to charge additional use and consumption fees for selected services and facilities. By way of example, some services and facilities which may be provided include, in addition to the telecommunication services listed in the preceding section, landscape, maintenance, concierge, and pest control services. The Board shall be permitted to modify or cancel existing services or facilities provided, if any, or to provide additional services and facilities. Nothing contained herein is a representation as to what services and facilities will or will not be provided.
Section 10. Easement Revarding Association Fences. Declarant hereby reserves for itself and for the Association a non-exclusive right-of-way and easement for the purpose of constructing, maintaining, operating. repairing, removing and re-constructing an identifying entry way and monument and decorative perimeter fence under, across and through a 5' strip of Lots or Units that ure adjacent to some of the outer perimeter streets of the Property, as well a 5’ strip of Lots or Units ( ifanyjalong some of the perimeter of the Property where the perimeter of the Property does not abut
jacent to some of the outer perimeter streets of the Property, as well a 5’ strip of Lots or Units ( ifanyjalong some of the perimeter of the Property where the perimeter of the Property does not abut a street, on which 5' strips the Association may construct such entry monument and perimeter fencing. Prior to the construction of the monument and fence, the Declarant and/or the Association shall have the right to go over and across the portions of the Lots or Units that are adjacent to such 3' easement strips for the purpose of performiny surveys and other such necessary pre-construction work. After the construction of the monument and fence, Declarant and/or the Association, from time to time, and at any time, shall have aright of ingress and egress over, along, across and adjacent to said 3' easement strips for purposes of maintaining, operating, repairing, removing, reconstructing, and/or inspecting the monument and fence. The Owners of the Lots and Units shal] have all other rights in and to such 5’ easement strip located on each Owner's respective Lot or Unit; provided however, such Owner shall not damage, remove or aller the monument or fence or any part thereof without first obtaining written approval from the Declarant and/or the Association with respect to any such action, such approval to be at the Dectarant’s and/or the Association sole discretion.
However, this Section shall not apply to, and the Association shall not be responsible to, install or maintain any fencing located along Lot or Unit lines which sepurate individual Lots or Units front one another, dTeSOR ba tly ISfHOES AOE DS nd LP) Iu ARTICLE XJ Annexation of Additional Property Section]. Annexation Without Approval of Membership. As the Owner thereof, or if not
ots or Units front one another, dTeSOR ba tly ISfHOES AOE DS nd LP) Iu ARTICLE XJ Annexation of Additional Property Section]. Annexation Without Approval of Membership. As the Owner thereof, or if not the Owner, with the consent of the Owner thereo f, Declarant, its successors or assigns, shal] have the unilateral right, privilege, and option, from time to time at any time until twenty (20) years from the date this initial Declaration is recorded in the Office of the County Clerk of Harris County, Texas, to annex and subject lo the provisions of the Declaration and the jurisdiction of the Association all or any portion of tracts of real property located within a five mile radius of the real property described on Exhibit "A" hereto (“Declarant Annexation Property”), whether in fee simple or leasehald, by fling in the Harris County Real Property Records a Supplemental Declaration annexing such property. Such Supplemental Declaration shall natrequire the vote of members of the Association or approval by the Association or any person. Any such annexation shall be effective upon the fling of such Supplemental Declaration in the Harris County Real Property Recards unless otherwise provided therein.
Declarant shal] have the unilateral right to transfer to any other person its right, privilege. and option to annex herein additional land, provided that stich transferee or assignee shall be the developer of at least a portion of the additional land and shall be expressly designated by Declarant in writing as the successor to all or any part of Declarant’s rights hereunder.
Any such annexation or addition shall be accomplished by the execution and filing for record by Declarant (or the other Owner of the property being added or annexed, to the extent such Owner
ereunder.
Any such annexation or addition shall be accomplished by the execution and filing for record by Declarant (or the other Owner of the property being added or annexed, to the extent such Owner has received a written assignment from Declarant of the right to annex), ofan instrument to be called “Supplemental Declaration.” Each Supplemental Declaration of annexation must set out and provide for the follawing: (() the name of the Owner of the property being added or annexed who shall he called the “Declarant” for purposes of that Supplemental Declaration; (ii) the legal sufficient perimeter (or recorded subdivision description ofthe property being added or annexed to the Community, separately describing portions of the annexed property that are dedicated and/or conveyed to the public or any governmental or quasi-governmental authority for street right-af-way or utifily facility purposes, those portions that are to comprise Linits or Lots and related improvements and those portions that comprise Common Property (those being the only three permitted uses for annexed property); (11) a mutual grant and reservation of rights and assessments of the Owners in and to the existing and annexed Common Property; (iv) that the property is being added or annexed into the Cammunity in accordance wilh and subject to the provisions of the initial Declaration. as theretotore umended, and that the property being annexed into the Community shall be P2edo8 bwtly IShob Ge wld sepa 33 developed, held, used, sold and conveyed in accordance with and subject to the provisions of this Declaration as theretofore and thereafter amended; (v) that all of the provisions of this Declaration, as theretofore amended,
old and conveyed in accordance with and subject to the provisions of this Declaration as theretofore and thereafter amended; (v) that all of the provisions of this Declaration, as theretofore amended, shall apply to the property being added or annexed with the same force and effect as if said property were originally included in this Declaration as part of the property; and (vi) that a vendor's lien is therein reserved in favor of the Association, in the same manner as herein provided, to secure collection of the Assessments provided for, authorized or contemplated herein or in the Supplemental Declaration of annexation.
Each such “Suppleniental Declaration” may contain other provisions not inconsistent with the provisions of the Declaration, as amended.
After additions or annexations are made, all assessments collected by the Association from the Owners in the annexed areas shall be commingled with the Assessments collected from all other Owners so that there shall be a common maintenance fund for the Community. Nothing in this Declaration shall be construed to represent or imply that Declarant, its successors or assigns, are under any obligation to add or annex additional land to the Property to this residential development.
Declarant also reserves the unilateral right to amend this Declaration, so long as it has the right to annex additional property in this Article XI, Section 1, for the purpose of removing unimproved portions of the property from the coverage of this Declaration. Such amendment shall not require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not the Declarant. Ifthe portion of the Property to be withdrawn is owned by the Association, then the
not require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not the Declarant. Ifthe portion of the Property to be withdrawn is owned by the Association, then the Association shal] consent to such withdrawal by majority vote of the Board. For purposes of this Section 1, the term “unimproved” shall mean no above ground, vertical improvements located on such property.
Section 2. Annexation with Approval of Membership. In addition to the above and subject to the written consent of the owner thereof, upon the written consent by affirmative vote of twothirds (2/3rds) of the total number of votes of the members of the Association entitled to be cist, present in person or by proxy at a meeting at which a quorum is present, the Association may annex or permit the annexation of real property and to the provisions of the Declaration and the jurisdiction of the Association by filing, or having the party owning such property file, a Supplemental Declaration with respect to the property being annexed in the Harris County Real Property Records.
Any such Supplemental Declaration shall be signed by the President and the Secretary of the Association, and any such annexation shall be effective upon recording in the Harris County Real Property Records unless otherwise provided therein. The timing of and manner in which notice of any such meeting of the property shall be annexed, and the quorum required for the transaction of business al any such meeting, shall be as specified in the By-Laws of the Association for regular or special meclings, as the case may be.
226308 bath 33100180 OF TSA ya ARTICLE XII General Provisions Section]. Enforcement. Each Owner and every occupant ofa Unit or Lot shall comply
ion for regular or special meclings, as the case may be.
226308 bath 33100180 OF TSA ya ARTICLE XII General Provisions Section]. Enforcement. Each Owner and every occupant ofa Unit or Lot shall comply strictly with the By-Laws, the niles and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to his or her Unit or Lot, ifany. The Board of Directors may (or Declarant, as long as Declarant is the Class B member) impose fines or other sanctions, which shall be collected as provided herein for the collection of assessments. Further, the Board (or Declarant, as long as Declarant is the Class B member) m ay cause the rule, regulation, use restriction, covenant and/or condition to be complied with and bill the Owner the costs incurred by the Association or Declarant to do so, along with an administrative fee as the Board may determine. Failure to comply with this Declaration, the By-Laws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalfofthe Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or Declarant or any Owner to enforce any of the foregaing shall in no event be deemed a waiver of the right to do so thereafter.
Section2, Self-Help. In addition to any other remedies provided for herein, the Association or its duly authorized agent (and/or Declarant as long as Declarant is the Class B member) shall have the power to enter upon a Unit or Lot or any portion of the Common Property to
in, the Association or its duly authorized agent (and/or Declarant as long as Declarant is the Class B member) shall have the power to enter upon a Unit or Lot or any portion of the Common Property to abate or remove, using such force as may be reasonably necessary, any erection, thing or condition which violates this Declaration, the By-Laws, the rules and regulations, or the use restrictions, Unless an emergency situation exists, the Board shall give the violating Unit or Lot Owner ten (10) days' written notice of its intent to exercise self-help. AJ] costs of self-help, including reasonable attorney's fees actually incurred shall be assessed avainst the violating Unit.or Lot Owner and shall be collected as provided for herein for the collection of assessments.
Section 3. 9 Term. The covenants, conditions and restrictions ofthis Declaration shal] run with and bind each Unit and Lot and shall inure to the benefit of and shall be enforceable by the Declarant and the Association and/or the Owner ofany portion of the Property, their respective legal representatives, heirs, successors, and ‘assigns, for a term of forty (40) years from the date this Declaration is recorded, after which time they shall be automatically extended to successive periods of ten (10) years, unless an instrument signed by a majority of the then Owners (including the Class B member if such membership still exists} has been recorded within the year preceding the beginning ef each successive period of 10 years, or during the initial 40 year period, agreeiny to change said covenants, conditions and restrictions, in whole or in part, or to terminate same, in which case this Declaration shall be modified or terminated as specified therein.
period, agreeiny to change said covenants, conditions and restrictions, in whole or in part, or to terminate same, in which case this Declaration shall be modified or terminated as specified therein.
Section4. Amendment. This.Declaration may be amended unilaterally-at any time and from time to time by Declarant (a) ifsuch amendment is necessary to bri ng ay provision hereofinto compliance with any applicable governmental statute, rule, ar regulation or judicial determination which shall be in conflict therewith: (bj) df such amendmentis necessary.to @ifable anv réputable title H2OR208 ba thy TS1OOT RO OLA SAM oP) 35 insurance company to issue title insurance coverage with respect to the Units or Lots subject to this Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, inchiding, for example, the Federal National Mor tgage Association, Federal Home Loan Mortgage Corporation, Veteran's Administration, Federal Housing Administration or the Department of Housing & Urban Development, to enable such lender or if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Units or Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Unit or Lot unless any such Unit or Lot Owner shall consent thereto in writing. Further, s6 long-as‘the’Class "B" membership exists, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive t rights
ass "B" membership exists, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive t rights ofany Unit or Lot Owner hereunder, nor shall it adversely affect title to any Unit without the consent of the affected Unit or Lot Owner. Declarant's right to annex additional real property into the Association and make it subject to the terms of this Declaration shall not be deemed to materially adversely affect the substantive rights of any Unit or Lot Owner hereunder.
In. udditionsto:thesabove; this: Decl: waritten:consent, or any combination thereof, ofat least amajority.ofthe Class "A":members and the consent: of the” ‘Class B member if such Class -B-membership still exists. Amendments to this Declaration shall-become effective upon recordation in the Official Public Records of Real Property af Harris County, Texas, unless a different effective date’is specified therein. Notwithstanding this Section, there shall be no amendment of the provisions of Article XT, Section 1, regarding annexation _ rights of the Declarant.
Section 5. Partition. The Common Property shall remain undivided, and no Unit or Let Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the wriften consent of al! Owners of all portions of the property located within the Community and without the written consent ofall holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Units or Lots located within the Community.
Section 6. Gender and Grammar. The singular, wherever used hercin, shall be construed
ortion of the property, including, but not necessarily limited to, the Units or Lots located within the Community.
Section 6. Gender and Grammar. The singular, wherever used hercin, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine.
Section 7. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application ofany provision of this Declaration to any person ar to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Dectaration are declared to be severable.
420308 Twily S311 BO OFT SA LSP) on may.bevamended ‘upon the affirmative votesor..
Section 8. Captions. The captions ofeach Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or othenvise modifying or adding to the particular Article of Section to which they refer.
Section 9. Conveyance of Common Property. The Association shall accept such conveyances of Common Property as are made from time to time to the Association by Declarant.
The Declarant shal] determine, in its sole discretion the appropriate time to convey all or any part of the Common Area to the Association. All such conveyances shall be “AS IS, WHERE IS’.
Section 10. Indemnification. The Association shall indemnify every officer and director against any and all expenses, including attomey's fees, imposed upon or reasonably incurred by any
S, WHERE IS’.
Section 10. Indemnification. The Association shall indemnify every officer and director against any and all expenses, including attomey's fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit. or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) io which he or she may be a party by reason of being or having been an officer or director. The officers and directors shal! not be liable for any nustake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance. misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalfofthe Association anu the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall maintain adequate general liability and officers’ and directors’ liability insurance to fund this obligation, if such insurance is reasonably available.
Section Il. Construction and Sale Period. Notwithstanding any provisions contained in this Declaration to the contrary, Declarant hereby expressly reserves unto itself and its successors and assigns a non-exclusive, perpetual right, privilege, and easement with respect to the Community for the benefit of Declarant, its successors, and assigns over, under, in, and/or on the Conununity,
and assigns a non-exclusive, perpetual right, privilege, and easement with respect to the Community for the benefit of Declarant, its successors, and assigns over, under, in, and/or on the Conununity, without obligation and without charge to Declarant, for the purposes of construction, installation, relocation, development, sale, maintenance, repair, replacement, use and enjoyment, and/or otherwise dealing with the Community and any other properly now owned or which may in the future be owned by Declarant (whether annexed hereunder or not), (such other property is héretna fier referred to as "Additional Property"). The reserved easement shall constitute a burden on the title to the Community and specifically includes, but is not limited to: (a) the right ofaccess, ingress, and egress for vehicular and pedestrian traffic over, under, on, or in the Community; and the right to tie into any portion of the Community with driveways, parking areas, and walkways; and the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain, and repair any device which provides utility or similar services, including, without limitation, electrical, telephone, natural gas, waler, sewer, drainage and/or other utility lines and facilities constructed or installed Hi, On, under, and/or aver the Community; and $lagos te Uy ISTO Sa Ob Sd td (b) the right to construct, install, replace, relocate, maintain, repair, use, and enjoy signs, model residences, and sales offices and construction offices in the Community.
(c) No rights, privileges, and easements granted or reserved herein shall be merged into the title of any property, including, without limitation, the Community, but shall be held
es in the Community.
(c) No rights, privileges, and easements granted or reserved herein shall be merged into the title of any property, including, without limitation, the Community, but shall be held independent of such title, and no such right, privilege, or easement shall be surrendered, conveyed, or released unless and until and except by delivery ofa quit-claim deed from Declarant releasing such right, privilege, or easement by express reference thereto.
(d) If these reserved easements are exercised without annexing any Additional Property to the Community, the Owners of the affected Additianal Property shall share the costs, if any, of using and maintaining utility and similar facilities, including, without limitation, electrical, telephone, natural gas, water, sewer, and drainage lines and facilities with the Owners in the Community in the proportion that the number of completed dwellings on the affected Additional Property bears to the total number of completed dwellings upon the affected Additional Property and the number of Units and Lots in the Community. The costs of maintenance and repair of Community driveways shall likewise be apportioned to the affected Additional Property if the only means of vehicular access to the affected Additional Property is across the Community. The allocation of expenses and the collection therefore may be done ona monthly, quarterly or annual basis as may reasonably be determined by the Association in accordance with this Declaration. If any of the Additional Property is added to the Community, from the time of the annexation, the sharing of costs and expenses and the use of any property so added shall be governed by this Declaration, rather than by these reserved easements.
Section 12. Intentionally Deleted.
he annexation, the sharing of costs and expenses and the use of any property so added shall be governed by this Declaration, rather than by these reserved easements.
Section 12. Intentionally Deleted.
Section 13. Books and Records.
’ (a) Inspection by Members and Morteavees. This Declaration, the By-Laws, copies of rules and use restrictions, membership register, books ofaccount, and minutes of meetings of the members of the Board and of committees shall be made available for inspection and copying by any member of the Association or by his duly appointed representative and by holders, insurers, or guarantors ofuny first Mortgage at any réasonable time and for any proper purpose and for a’purpose reasonably related to his or her interest as a member or holder, insurer, or vuarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe.
(b) Rules for Inspection. The Board shall establish reasonable rules with respect to: (i) notice to be given to the custodian of the records: (11) hours and days of the week when such an inspection may be made; and (Ui) payment of the cost of reproducing copies of documeris.
S26368 Fath, PRU Se GET Sand 38 (c) Inspection by Directors. Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection bya Director includes the right to make extra copies of documents at the reasonable expense of the Association.
Section [4. Audit. An audit of the accounts of the Association shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the
the Association.
Section [4. Audit. An audit of the accounts of the Association shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the Board's audit at the annual meeting, the Class "A" members, by a majority vote, may require that the accounts of the Association be audited as a common expense by a certified public accountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of the annual audited financial statement within one hundred eighty (180) days after the end of each fiscal year.
Section 15. Notice of Sale or Lease. In the event an Owner sells or leases his or her Lot or Unit, the Owner shall give to the Association, in wriling, the name of the purchaser or lessee of the Lot or Unit and such other information as the Board may reasonably require.
Section 16. NON-LIABILITY. NEITHER THE ASSOCIATION, NOR DECLARANT (NOR ANY DIRECTOR, NOR OFFICER, NOR ANY PARTNER NOR PARENT NOR SUBSIDIARY NOR RELATED ENTITY NOR EMPLOYEE NOR AGENT OF ANY OF THEM) SHALL IN ANY WAY OR MANNER BE HELD LIABLE OR RESPONSIBLE FOR ANY VIOLATION OF THIS DECLARATION BY ANY OTHER PERSON OR ENTITY. NEITHER DECLARANT, NOR THE ASSOCIATION (NOR ANY DIRECTOR, NOR OFFICER, NO ANY PARTNER NOR PARENT NOR SUBSIDIARY NOR RELATED ENTITY NOR ANY EMPLOYEE NOR AGENT OF ANY OF THEM) MAKE ANY REPRESENTATIONS WHATSOEVER AS TO THE SECURITY OF THE COMMON PROPERTY OR LOTS ORUNITS OR RESIDENCES, OR THE EFFECTIVENESS OF ANY GATE, ACCESS SYSTEM OR MEDICAL ALERT SYSTEM. THE ASSOCIATION AND EACH OWNER DOES HEREBY HOLD DECLARANT, THE ASSOCIATION, (AND ANY DIRECTOR, OFFICER, PARTNER, PARENT, SUBSIDIARY, RELATED ENTITY OR EMPLOYEE OR AGENT OF ANY OF
MEDICAL ALERT SYSTEM. THE ASSOCIATION AND EACH OWNER DOES HEREBY HOLD DECLARANT, THE ASSOCIATION, (AND ANY DIRECTOR, OFFICER, PARTNER, PARENT, SUBSIDIARY, RELATED ENTITY OR EMPLOYEE OR AGENT OF ANY OF THEM) HARMLESS FROM ANY LOSS OR CLAIM ARISING FROM THE OCCURRENCE OF ANY CRIME OR OTHER ACT. NEITHER THE ASSOCIATION, NOR THE DECLARANT (NOR ANY DIRECTOR, NOR OFFICERS, NOR ANY PARTNER NOR PARENT NOR SUBSIDIARY NOR RELATED ENTITY NOR EMPLOYEE NOR AGENT OF ANY OF THEM) SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN FHE COMMON PROPERTIES, UNITS, LOTS OR RESIDENCES OR THE EFFECTIVENESS OF ANY SUCH. SYSTEM. ALL OWNERS SPECIFICALLY ACKNOWLEDGE THAT THE COMMUNITY MAY OR MAY NOT HAVE A PERIMETER BOUNDARY SYSTEM, SUCH AS FENCES, WALLS, HEDGES, GATED ENTRIES OR THE LIKE. NEITHER THE ASSOCIATION, NOR THE DECLARANT, (NOR ANY DIRECTOR, NOR OFFICER, NOR ANY PARTNER, NOR PARENT NOR SUBSIDIARY NOR RELATED ENTITY NOR EMPLOYEE NOR AGENT OF ANY OF THEM) SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY Azetos Path TALON LAD OFT SAS 9 i OR INEFFECTIVENESS OF MEASURES UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY LOTS OR UNITS AND/OR RESIDENCES, TENANTS, GUESTS AND INVITEES OF ANY OWNER, AS APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION, THEIR RESPECTIVE BOARDS AND OFFICERS, DECLARANT, ANY SUCCESSOR DECLARANT, OR THEIR NOMINEES, OR AGENTS OR ASSIGNS, DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEM, GATE ACCESS SYSTEM, BURGLAR ALARM SYSTEM, MEDICAL ALERT SYSTEM, OR OTHER SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO GUIDELINES ESTABLISHED MAY NOT BE COMPROMISED OR CIRCUMVENTED, THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS, GATE ACCESS SYSTEM, MEDICAL ALERT SYSTEM OR OTHER SYSTEMS WILL
INSTALLED ACCORDING TO GUIDELINES ESTABLISHED MAY NOT BE COMPROMISED OR CIRCUMVENTED, THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS, GATE ACCESS SYSTEM, MEDICAL ALERT SYSTEM OR OTHER SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP, OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM {S DESIGNED OR INTENDED.
Section 17. Arbitration, In the event of any dispute arising between, among, against or on behalf of Owners relating to this Declaration, or between any Owners and Declarant, or between Owners and the Association, or between the Declarant and the Association, cach party shall appoint one (1) arbitrator. Should any such party refuse to appoint an arbitrator within ten (10) days after written request therefore by the Board of Directors, the Board shall appoint an arbitrator for the refusing party. The arbitrators thus appointed shall appoint one (1) additional arbitrator and the decision by a majority of all three (3) (or more) arbitrators shall be binding upon the parties and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereofand located in Harris County, Texas. However this Section shall not be construed to require Declarant or the Association to arbitrate any enforcement action initiated by Declarant or the Association hereunder.
Section 18. Attorneys’ Fees. If any controversy, claim or dispute arises relating to this instrument, its breach or enforcement, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys’ fees and costs.
IN WITNESS WHEREOF, the undersigned being the duly appointed officers of Declarant
e prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys’ fees and costs.
IN WITNESS WHEREOF, the undersigned being the duly appointed officers of Declarant herein, have executed this instrument this 22°° day of by af . 2004.
42a3HS8 betty TSVGGE SG OTE SA 40 LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited _ partnership ‘J By: LENNAR TEXAS HOLDING COMPANY, a Texas corporation, general partner Title: the & ARES OOM STATE OF TEXAS § § COUNTY OF HARRIS § . This instrument was acknowledged before me on this 27, Blalday or Al dock , 2004, by Company, general par ner of Lennar Homes of Texas Land and Construction, Ltd.. on behalfof said enuties.
<S DANA G. SHARP “4% Motary Public, State of Texas ae ez 2.2 tly Commission Expires See March 27, 2004 Midis Notary Public v AFTER RECORDING RETURN TO: Sarah Ann Powers c/a Heover Slavacek LLP 5847 San Felipe, Suite 2200 Houston. Texas 77047 A2pRoR both SF bo P Aa OLA 4] EXHIBIT "A" Property Subject to this Declaration [Description Attached] ADSM Lath: JADE Se DD RS 4?
BLAINDH A “Legal Description" COLLEGE PLACE SECTION ONE METES AND BOUNDS DESCRIPTION 33.670 ACRES OUT OF THE WILLIAM K, SMITH SURVEY, A-735, HARRIS COUNTY, TEXAS A tract or parcel of land containing 33.6706 acres out of the William K. Smith Surv ey, Abstract No.
735, Harris County, Texas, being a portion of lots 3, 4, 13, 14, 18 and 19 of the Rhodes and Smith Subdivision, an addition according to the map ar plat ther eof recorded in Volume 1, Page 4 of the Haris County Map Records (H.C.M.R.), and being a portion of the 180.2467 acre Dixie Farm Partners, L.L.P. and Beamer Road Partners, L.L.P. tract as described in Special Warranty Deed with
age 4 of the Haris County Map Records (H.C.M.R.), and being a portion of the 180.2467 acre Dixie Farm Partners, L.L.P. and Beamer Road Partners, L.L.P. tract as described in Special Warranty Deed with Vendor’s Lien of July 31, 2001, as recorded under County Clerk’s File V316607 of the Official Public Records of Real Property of Harris County (O.P.R.R.P.H.C. ), said 33.670 acres being more particularly described by metes and bounds as follows: (The basis of bearing for this description is the southeast line of Meadows of Clear Creek, Section One called NORTH 45 degrees 13 minutes 40 seconds EAST, as recorded under film code no. 420023 of the H.C.M.R. ) BEGINNING at a 3/8-inch iron red found [ving in the common line between lots 3 and 2 of aid Rhodes and Smith Subdivision, lying in the northwest r ight-of-way line of Dixie Farm Road (width varies), as described under County Clerk's File G982398 of the OP R.R.PHC. , being the south corer of the Diana L. votes tract, as described under County Clerk's File T200746 of the O.P.R.R.P.A.LC., and being the east comer of the herein described tract; s 19 minutes 29 seconds WEST, 18.52 feet along satd northwest line t THENCE SOUTH 41 desvee a5/8-inch iron red found at a point of curvature and an easter ly comer ofthe of Dixiz Fenn Road to herein described tract; SH cs a; THENCE SOUTHWESTERLY along said northwest line of Dixie Farm Road and a curve to the left through a central angle of 03 degrees 38 minutes 20 seconds fo a 5/8-inch iran rod setata point of tangeéney and an easter yc comer oF tbe herein described tra ct, said curve having a radius of 2,110.00 a eet, an arc lens sen munuiss 2s THENCE SOUTH 39 degrees 37 minutes 23 seconds WEST, 354.48 feet alon ig said northwest line
mer oF tbe herein described tra ct, said curve having a radius of 2,110.00 a eet, an arc lens sen munuiss 2s THENCE SOUTH 39 degrees 37 minutes 23 seconds WEST, 354.48 feet alon ig said northwest line of Dixie Farm Road to a 3/8-inch iron rod set at a point of curvature and 2 southeast terly camer of act the herein described tract THENCE SOUTHWESTERLY along said northwest line of Dixie Fann Raad anda curve to the right eds acentral angle af U3 degrees 59 minutes 23 seconds to a 3/S-inch iron rad set ata point of tangency and a southeasterly comer of the herein described tract, said curve having a radius of 1, S90,0¢ el t,anarc length of 131.61 feet. and a Jeng chord length of 131.57 feet be aring SOUTH 41 degrees 38 minutes 23 seconds WEST; THENCE SOUTH 43 de grees 34 minutes 20 seconds WEST, 158.49 feet alung said northwest line of Dixie Farm Round toa 3 3,B-inch iron rad set at the south comer ofthe herein described tract; Page laf 2 THENCE NORTH 46 devrees 04 minutes 38 seconds WEST, 679.88 feet to a 5/8-inch iron rod set at a westerly interior comer of the herein described tract; THENCE SOUTH 44 degrees 0S minutes 30 seconds WEST, 128.72 feet to a 5/8-inch tron rod set ata westerly comer of the herein described tract; THENCE NORTH 45 degrees 51 minutes 30 seconds WEST, 294.00 feet to a 5/8-inch iron rod set ata westerly comer of the herein described tract; = THENCE NORTH 27 degrees 16 minutes 06 seconds WEST, 611.07 feet to a 3 §-inch iran rad set at the west comer of the herein described tract; THENCE NORTH 60 decrees 59 minutes 29 seconds FAST, 184.35 feet toa neh iron rod se at anarnhwesterly comer of the herein described tract THENCE SOUTH 46 degr ees 0+ minutes 38 seconds EAST, 158.94 feet to a 5/8-inch iron rod se at a northivesterly interior con
et toa neh iron rod se at anarnhwesterly comer of the herein described tract THENCE SOUTH 46 degr ees 0+ minutes 38 seconds EAST, 158.94 feet to a 5/8-inch iron rod se at a northivesterly interior con rier of the herein described tract; HENCE NORTH 43 degrees 55 minutes 02 seconds EAST, 343.71 feet to a 5/8-inch iron rod set at a northerly interior corner of the herein described tract; THENCE NORTH +46 degrees 04 minutes 46 seconds WEST, 76.89 feet to a 5/8-inch tron rad se anorherly comer of the herein described tract; THENCE NORTH 43 degrees 35 minutes (12 seconds EAST, 421.15 feet to a 5/8-inch iron red set at the north comer of the herein described tract, lying in the comune n tine between lots 13 end 17 of seid Rhodes and Smith Subdivision and in the southwest line of the 27.7496 acre Vernon R. Yeung.
Trustee tract, as desctibed under County Clerk’s File E55069) ofthe OP. RRP.
THENCE SOUTH 45 degr ees i minutes 36 seconds EAST, 1,357.96 feet along said common line, the common line between lots 14 and 15, the common line bebveen lots 3 and 2 of said Rhodes and Smith Subdivision, s nid sathevest line of Vernon R. Young, Trustee tract, and the southwest line of snid Diana L. Mattingly tract to the POINT CIF BEGINNING, contaming 33.670 acres of land.
ons No. C-1150B, on file in the office of S & V Surveying, Inc. was prepared to accompany his description.)
S& V SURVEYING, INC.
July 21, 2003 Job No. 11017-001-1-PLT ee an Drawing No. C-1150B ™ so ant GEMERALMES ELOV7ETOL7-23.670 See Lend VILLAGE OF COLLEGE PLACE SECTION ONE METES AND BOUNDS DESCRIPTION 1.330 ACRES OUT OF THE . WILLIAM K. SMITH SURVEY, A-733, HARRIS COUNTY, TEXAS . tract or parcel of land containing 21.330 acres out of the William K. Smith Survey, Abstract No.
AND BOUNDS DESCRIPTION 1.330 ACRES OUT OF THE . WILLIAM K. SMITH SURVEY, A-733, HARRIS COUNTY, TEXAS . tract or parcel of land containing 21.330 acres out of the William K. Smith Survey, Abstract No.
35, Haris County, Texas, being a portion of lots 7, 8, 9, and 10, of the Rhodes and Smith Subdivision, an addition according to the map or plat thereof recorded in Volume 1, Page 4 of the Harris County Map Records (H.C.M_M.R.), and being a portion of the 180.2467 acre Dixie Farm Partners, L.L.P. and Beamer Road Partners, L.L.P. tract as described in Special Warranty Deed with Vendor’s Lien of July 31, 2001, as recorded under County Clerk’s File V316607 of the Official Public Records of Real Property of Harris County (O.P.R.R.P.H.C.), said 21.330 acres being more particularly described by meétes and bounds as follows: (The basis of bearing for this Sescmiption & i the southeast line of Meadows of Clear Creek, Section Qne called NORTH 45 degrees 13 minute 40 seconds EAST, as recorded under Alm code oo. 420023 of the H.C.BLR.)
a we BEGINNING at a 3/8-inch iron rod found at the south comer of a 35.7561 acre San Jacinto Community College District tract, as described under County Clerk’s File W306388 of the O.P.RLR.P.H.C., lying in the northeast line of Beamer Road (100 feet wide), as described ee County Clerk’s File G675125 of the O.P.R.R.P.H.C., and also lying in the northwest line ofa 30-fee wide unnamed road right-of-way, along the common line between lots 9 and 23 and the common i between Iots 10 and 22, as show 110n said Rhodes and Smith Subdivision plat; THENCE NORTH 43 degrees 55 minutes 0? seconds EAST, 1,271.11 feet clongs of the 50-feet wide unnamed road right-of-way and along the southeast line of said
110n said Rhodes and Smith Subdivision plat; THENCE NORTH 43 degrees 55 minutes 0? seconds EAST, 1,271.11 feet clongs of the 50-feet wide unnamed road right-of-way and along the southeast line of said to a 3/8-inch iron rod set at the north comer of the herain described tract; id northwest line 3 3al 35.7561 acre tract S/O j.
THENCE SOUTH 46 dzerees 04 minutes 58 seconds EAST, 53.00 feet to a 3/8-inch iron rod set a northeasterly comer.of the herein described tract; THENCE SOUTH 90 desvees 16 minutes 32 seconds WEST, 109.28 feet to a 3/8-inch tron red set at a northeasterly interior comer of the her rain described tract; THENCE SOUTH 6 degrees 05 minutes 34 seconds EAST, 367.36 feet to a 5/8-inch iron rod set at an easterly interior corner of the herein described tract; THENCE SOUTH 63 reeg 42 minutes 93 seconds EAST, 61.91 feet to a 3/8-inch iron red set at an easterly comer ofthe i erein described tract; THENCE SOUTH 45 degrees 51 minutes 30 seconds EAST, 214.35 feet to a 3/8-inch iron rod set at the east comer of the herein described tract; THENCE SOUTH 44 degrees 03 minutes 43 seconds WEST, 1,209.85 feet to a 3/8-inch tron rod set at the south comer of the herein described tract, lying in said northeust line of Beamer Road; Page laf 2 : I > earecs 05 i eS 34 Sc I e a g cd ia) zast t S03, on hile wn the othice of S & Sur VEVINY, Inc. was prepared to sccompany this feccrip .
gees any this des ription.)
S & V SURVEYING, INC.
bt KALE OF Te EL nhategeche’ Pa 2{3 Eat slos & Pore” ae STP (a OTTIS RAY L sored Tees ae at LESTEA “ Vacs Mo gars wee “VY Ni piace i ey Att 4 “5, SUA eo ee July 21, 2903
& V SURVEYING, INC.
bt KALE OF Te EL nhategeche’ Pa 2{3 Eat slos & Pore” ae STP (a OTTIS RAY L sored Tees ae at LESTEA “ Vacs Mo gars wee “VY Ni piace i ey Att 4 “5, SUA eo ee July 21, 2903 Job No. 11017-001-1-PLT Drawing No. C-1150A INGENERALIMEBAI LOI 7.101 7-21.330 Sec tawpd AT PROMS TERER Saved RESTRICTS TE SHE, RENTAL, CR USE OF THE CESCARED REA pRCPERTY SE CHUEE GF COLOR OR RACE S Ri aD WRENFORCEARE ue FEDER, LAW JHE STATE OF TEXAS COUNTY OF HARRIS {has oy Cocidy Oot TH rakuset wot FLED ni: Hunts Sequence on fa der wets ine wane bate na by pot, aad Wa vty RECOAOED. ts tht Cisal pbk Rot pf Rand Property a Hass Cost, Teasan APR 2 8 2004 COUNTY CLERK HARRIS COUNTY. TEXAS as) ban {iO iat oa o em es)