05/23/2017 11:03:48 AM CP 201700144241 AM 1/97 ial First Amended and Restated Declaration of Covenants, Conditions and Restrictions Cambridge Place at Preston Trail Unoi 20170523000661850 Table of Contents 3 Page i ARTICLE 4 Section 4.1, Section 42.
Section 4.3.
Section 4.4.
Section 4.5.
Owner's Easement of Enjoyment.......
Extent of Owner's Rights and Easements.
Restricted Actions by Owners....
Damage to the Common Properties ARTICLE 5 - Easements Section 5.1.
Universal Easement....
Section 5.2.
Zero Lot Line Easement.
Section 5.3 Wall and Landscape Easement..
Section 5.4 Utility Easements and Use of Surface Areas.
14 14 14 15 Section 3.14 Window Coolers..
Section 3.15 Antenna Section 3.16 Dishes.
Section 3.17 Section 3.18 Section 3.19 Section 3.20 Section 3.21 Section 3.22 Section 3.23 Section 3.24 Fences...
Retaining Walls & Landscape Edging Landscaping Mailboxes, Trash Receptacles and Collection.
Parking.
Temporary Structures and Vehicles 10 10 10 10 10 Offensives Activities.
11 Section 3.25 Section 3.26 Drilling and Mining Operations.
11 Duty of Construction 11 Section 3.27 Maintenance, Repair and Replacement of Improvements and Landscaping Section 3.28 Section 3.29 Maintenance of Common Properties.
12 Failure to Abide by Terms / Association Actions 222 Property Rights in Common Properties Title to the Common Properties.
ARTICLE 1 - Definitions..
ARTICLE 2.
Section 2.1.
- Property Subject to the Declaration Properties......
ARTICLE 3 - Use of Properties and Lots - Protective Covenants Section 3.1.
Residential Purposes Subdivided/Combined Lots.
Section 3.2.
Section 3.3.
Leasing.
Section 3.4 Drainage.
Section 3.5 Removal of Dirt..
Section 3.6 Utilities.......
7 Section 3.7 Access 7 Section 3.8 Driveways 7 Section 3.9 Section 3.10
mbined Lots.
Section 3.2.
Section 3.3.
Leasing.
Section 3.4 Drainage.
Section 3.5 Removal of Dirt..
Section 3.6 Utilities.......
7 Section 3.7 Access 7 Section 3.8 Driveways 7 Section 3.9 Section 3.10 Section 3.11 Section 3.12 Section 3.13 Height..
Construction Requirements....
Garages..........
Setback Requirements and Building Location ..
Minimum Floor Space..
7 8 8 8 nofficial 13 13 13 13 14 9 Amended and Restated Declaration of Covenants, Conditions and Restrictions ARTICLE 6 Section 6.1.
Section 6.2.
Section 6.3.
Section 6.4.
Section 6.5 Policies Section 6.6.
Section 6.7.
Section 6.8.
ARTICLE 7Section 7.1.
Section 7.2.
Assessments Section 7.3.
Section 7.4.
Section 7.5.
Section 7.6.
Section 5.5 Section 5.6 Emergency and Public Service Vehicles..
Ingress and Egress by the Association.
Homeowners Association Purposes Membership...
Administration and Maintenance of the Common Properties.
Assessments, Borrowing, Reserve Funds Disbursement of Association Funds..
Fines.........
Liability Limitations.….......
Creation of the Lien and Personal Obligation of Assessments Purpose of Assessments Basis and Amount of Maintenance Assessments.
Capital Assessments and Special Assessments.
Uniform Maintenance and Special Capital Assessments.
Date of Commencement of Assessments; Due Date....
15 55 15 15 15 15 15 16 17 17 18 18 18 18 Section 7.7 Effect of Non-Payment of Assessments: The Personal Obligation of the 18 Section 7.8 19 19 619 Unofficial Owner; the Lien; Remedies of Association Subordination of the Lien to Mortgages.
Section 7.9 Exempt Property......
ARTICLE 8- Architectural Control Committee Section 8.1. Architectural Control Committee..
Section 8.2. Architectural Approval....
Section 8.3. Variances.....
rtgages.
Section 7.9 Exempt Property......
ARTICLE 8- Architectural Control Committee Section 8.1. Architectural Control Committee..
Section 8.2. Architectural Approval....
Section 8.3. Variances.....
Section 8.4 Section 8.5 Nonconforming and Unapproved Improvements..
Foundation Form Survey...
Section 8.6 NO LIABILITY ARTICLE General Provisions Section 9.1.
Section 9.3.
Amendments Enforcement.
Section 9.4. Severability Section 9.5.
Section 9.7. Notices to Mortgagee.
Disputes....
Section 9.9 Club Restrictions.
.20 20 21 21 222222 222222222 23 23 .23 .23 .24 .24 .24 24 24 Amended and Restated Declaration of Covenants, Conditions and Restrictions Naddison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page ii Exhibits Exhibit A-1 Exhibit A-2 Exhibit A-3 Exhibit A-4 Exhibit A-5 Exhibit B-1 Exhibit B-2 Exhibit C-1 Exhibit C-2 Exhibit C-3 Exhibit C-4 Exhibit C-5 Exhibit D Exhibit E Phase I Land Phase II Land Phase I Lots Phase II Lots Minimum Square Footage Variances Minimum Floor Elevations and Set Back Requirement/Phase I Minimum Floor Elevations and Set Back Requirement/Phase N Reserve and Replacement Fund Operating Policy Enforcement Policy Member Suggestions, Complaints and Comments Procedure Policy Record Retention and Production Policy Payments Policy Architectural Control Guidelines Lease Addendum Unofficia Amended and Restated Declaration of Covenants, Conditions and Restrictions Naddison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page iii AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CAMBRIDGE PLACE AT PRESTON TRAIL STATE OF TEXAS COUNTIES OF DALLAS AND COLLIN § THE FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CAMBRIDGE PLACE AT PRESTON TRAIL (the "Declaration") is made
AIL STATE OF TEXAS COUNTIES OF DALLAS AND COLLIN § THE FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CAMBRIDGE PLACE AT PRESTON TRAIL (the "Declaration") is made this 17 day of March, 2017, by CAMBRIDGE PLACE AT PRESTON TRAIL HOMEOWNERS ASSOCIATION, a Texas nonprofit corporation (hereinafter referred to as Declarant or Association").
WITNESSETH: WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Cambridge Place at Preston Trail (the “Original Declaration") dated February 24, 1995 was made by Preston Trail Land Company, Inc., a Texas corporation (hereinafter referred to as "Former Declarant"), and filed of record on February 27, 1995, and recorded in Volume 95039, Page 3844, et seq. of the Official Public Records of Dallas County, Texas, and as Instrument No 95-0013398 in the Official Public Records of Collin County, Texas; and Unofficial WHEREAS, additional property was subjected to the Original Declaration by virtue of that certain Supplementary Declaration to the Declaration of Covenants, Conditions and Restrictions for Cambridge Place at Preston Trail filed on March 26, 1997, and recorded in Volume 97059, Page 769 et seq., of the Official Public Records of Dallas County, Texas (the "Supplementary Declaration"); and WHEREAS, the Original Declaration was amended by virtue of that certain First Amendment to the Declaration of Covenants, Conditions and Restrictions for Cambridge Place at Preston Trail filed with the Office of the Collin County Clerk on December 18, 2003, and recorded as Instrument No. 2003-243880 of the Official Public Records of Collin County, Texas, and filed with the Office of the Dallas County Clerk
of the Collin County Clerk on December 18, 2003, and recorded as Instrument No. 2003-243880 of the Official Public Records of Collin County, Texas, and filed with the Office of the Dallas County Clerk on January 4, 2004, and recorded in Volume 5568, Page 493 et seq., of the Official Public Records of Dallas County, Texas (the "First Amendment"); and WHEREAS, the Original Declaration, Supplementary Declaration, and the First Amendment are hereinafter referred to collectively, as the "Existing Declarations”; and WHEREAS, certain dedicatory instruments of the Cambridge Place at Preston Trail Homeowners Association (the "Association”) were filed of record in compliance with Applicable Law as follows: (i) the Certificate and Memorandum of Recording of Association Documents for Cambridge Place at Preston Trail Homeowners Association, filed with the Office of the Collin County Clerk on September 24, 2002, and recorded as Instrument No, 20020137078 in the Official Public Records of Collin County, Texas, and filed with the First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: 'addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 1 (ii) (iii) (iv) (v) Dallas County Clerk on September 27, 2002 and recorded in Volume 2002189, Page 2533, et seq. of the Official Records of Dallas County, Texas; the First Supplemental Certificate and Memorandum of Recording of Association Documents for Cambridge Place at Preston Trail Homeowners Association, filed with the Office of the Dallas County Clerk on December 9, 2004 and recorded in Volume 2004237, Page 9329, et seq. of the Official Records of Dallas County, Texas, and filed with the Office of the Collin County Clerk on December 10, 2004, and recorded as
r 9, 2004 and recorded in Volume 2004237, Page 9329, et seq. of the Official Records of Dallas County, Texas, and filed with the Office of the Collin County Clerk on December 10, 2004, and recorded as Instrument No. 2004-0177022 in the Official Public Records of Collin County, Texas; the Second Supplemental Certificate and Memorandum of Recording of Association Documents for Cambridge Place at Preston Trail Homeowners Association, filed with the Office of the Collin County Clerk on January 11, 2005, and recorded as Instrument No. 2005-000501 in the Official Public Records of Collin County Texas, and filed with the Office of the Dallas County Clerk on January 13, 2005 and recorded in Volume 2005009, Page 0849, et seq. of the Official Records of Dallas County Texas, the Third Supplemental Certificate and Memorandum of Recording of Association Documents for Cambridge Place at Preston Trail Homeowners Association, filed with the Office of the Collin County Clerk on March 28, 2005, and recorded as Instrument No. 2005-0037974 in the Official Public Records of Collin County, Texas, and filed with the Office of the Dallas County Clerk on March 29, 2005 and recorded in Volume 2005061, Page 4759, et seg. of the Official Records of Dallas County, Texas; Unofficial (vi) the Fourth Supplemental Certificate and Memorandum of Recording of Association Documents for Cambridge Place at Preston Trail Homeowners Association, filed with the Office of the Dallas County Clerk on December 28, 2005 and recorded as Instrument No. 200503642680 in the Official Records of Dallas County, Texas, and filed with the Office of the Collin County Clerk on December 28, 2005, and recorded as Instrument No. 2005-0180699 in the Official Public Records of Collin County, Texas;
of Dallas County, Texas, and filed with the Office of the Collin County Clerk on December 28, 2005, and recorded as Instrument No. 2005-0180699 in the Official Public Records of Collin County, Texas; the Fifth Supplemental Certificate and Memorandum of Recording of Dedicatory Instruments for Cambridge Place at Preston Trail Homeowners Association, filed with the Office of the Dallas County Clerk on December 15, 2011, and recorded as Instrument 2011-00326663 in the Official Public Records of Dallas County, Texas, and filed with the Office of the Collin County Clerk on December 15, 2011, and recorded as Instrument No. 2011-1215-001354110 in the Official Public Records of Collin County, (collectively, the "Supplemental Certificates"); and WHEREAS, pursuant to the terms of the Original Declaration, Declarant is the successor in interest to the Former Declarant; and WHEREAS, the Existing Declarations and Supplemental Certificates affect certain tracts or parcels of real property in Dallas and Collin Counties more particularly described on Exhibit "A-1" and Exhibit "A-2" attached hereto and incorporated herein and the Lots and all improvements located thereon, now existing or hereinafter constructed or placed thereon (collectively, the "Properties"); and First Amended and Restated Declaration of Covenants, Conditions and Restrictions Naddison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 2 WHEREAS, the Association, as the Declarant, desires to update and amend and restate in its entirety the Existing Declarations and incorporate the Supplemental Certificates into one document, being this Declaration (the “Declaration"), which has been approved by Declarant and the required
ts entirety the Existing Declarations and incorporate the Supplemental Certificates into one document, being this Declaration (the “Declaration"), which has been approved by Declarant and the required affirmative vote of at least sixty-seven percent (67%) of the outstanding votes of the Members of the Association; and WHEREAS, Declarant is a Texas Nonprofit corporation formed for the purpose of administering restrictive covenants affecting the Properties which comprise a residential community with certain amenities for the common benefit of residents of the community, as defined herein (the “Community"); and WHEREAS, Declarant desires to provide for, among other matters, certain restrictions to protect and preserve the desired character of the Community and, to this end, desires to subject the Properties, as defined herein, to this Declaration and to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Land and the present and future owners of the Properties; and NOW, THEREFORE, Declarant declares that the following terms, provisions, covenants, conditions, easements, liens, restrictions, reservations, uses, limitations and obligations shall run with title to the Properties (the "Covenants and Restrictions"), and shall be a burden and benefit to all the Owners thereof and their respective heirs, legal representatives, successors and assigns, with the intent that the Existing Declaration shall have no further force or effect except as substantially restated herein, and shall be superseded and replaced by this First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Cambridge Place at Preston Trail. Declarant further declares that the
and shall be superseded and replaced by this First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Cambridge Place at Preston Trail. Declarant further declares that the Properties shall be held, transferred, sold conveyed and occupied subject to the Covenants and Restrictions set forth herein and as may be amended.
nofficial DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration (unless the context shall otherwise prohibit shall have the following meanings: 1.1 "Absolute Majority Vote shall mean the majority vote of all the Members (50% plus one) of the Association, voting in person or by proxy at an Annual or Special Meeting.
1.2 1.3 Annual Meeting shall have the meaning assigned to such term in Section 7.3(a) hereof.
"Applicable Laws" shall mean all statutes, laws, ordinances and regulations enacted, promulgated or imposed by federal, state or local governmental body.
hereof.
1.5 Section 8.1 hereof.
"Articles of Incorporation" shall have the meaning assigned to such term in Section 7.2 "Architectural Control Committee” shall have the meaning assigned to such term in 1.6 "Architectural Control Guidelines" shall have the meaning assigned to such term in Section 8.2 hereof.
1.7 "Assessments" shall have the meaning assigned to such term in Section 7.1 hereof.
First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 3 1.8 "Association" and "Declarant," as applicable, shall mean and refer to the CAMBRIDGE PLACE AT PRESTON TRAIL HOMEOWNERS ASSOCIATION, a Texas nonprofit corporation, as applicable.
1.9 "Board" shall mean the board of directors of the Association.
1.10
hall mean and refer to the CAMBRIDGE PLACE AT PRESTON TRAIL HOMEOWNERS ASSOCIATION, a Texas nonprofit corporation, as applicable.
1.9 "Board" shall mean the board of directors of the Association.
1.10 "Bylaws" shall have the meaning assigned to such term in Section 7.2 hereon 1.11 hereof.
1.12 1.13 "Capital Assessment” shall have the meaning assigned to such term in Section 7.1 "Club Restrictions" shall have the meaning assigned to such term in Section 9.2 hereof.
"Commencement of Construction" shall have the meaning assigned to such term in Section 3.26(a) hereof.
1.14 “Common Area" shall mean the portion of the Land that is not situated within a Lot and any other property rights within the Land which are known, described or designated or which shall subsequently be intended for or devoted to, the common use and enjoyment of the Members.
1.15 "Common Improvements" shall mean those improvements made within the Common Area, including the perimeter screening walls and associated landscaping and irrigation improvements, together with such other improvements as may be made hereafter by the Association.
1.16 "Common Properties means the () Common Area and (ii) Common Improvements, Unofficial collectively.
hereof.
Recitals.
1.17 1.18 "Community" shall have the meaning assigned to such term in the Recitals.
"Construction Rules" shall have the meaning assigned to such term in Section 3.26(c) 1.19 "Covenants and Restrictions" shall have the meaning assigned to such term in the ssociation.
hereof.
1.24 1.25 Declarant" shall have the meaning assigned to such term in the Preamble.
Declaration" shall have the meaning assigned to such term in the Preamble.
"Directors" shall mean the individuals who serve or have served on the Board of the
ng assigned to such term in the Preamble.
Declaration" shall have the meaning assigned to such term in the Preamble.
"Directors" shall mean the individuals who serve or have served on the Board of the "Easement of Enjoyment" shall have the meaning assigned to such term in Section 4.2 "Existing Declarations" shall have the meaning assigned to such term in the Recitals.
"First Amendment" shall have the meaning assigned to such term in the Recitals.
1.26 "Former Declarant" shall have the meaning assigned to such term in the Recitals.
First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 4 hereof.
1.27 1.28 “Indemnified Parties" shall have the meaning assigned to such term in Section 6.8 "Land" shall mean the real property in Dallas and Collin Counties, Texas described on Exhibit “A-1” and Exhibit "A-2” attached hereto and incorporated herein.
1.29 1.30 1.31 "Lease Addendum” shall have the meaning assigned to such term in Section 3.3 hereof.
"Lessee" shall have the meaning assigned to such term in Section 3.3 hereof.
"Lot(s)" shall mean the residential lot(s) located within the Land as shown as such on the Plats and which have been improved with a residential dwelling.
1.32 hereof.
1.33 "Maintenance Assessment” shall have the meaning assigned to such term in Section 7.1 “Management Company" shall mean a third party entity in which the Association elects to enter into a management agreement to provide certain services to the Association 1.34 "Member" shall mean a member of the Association pursuant to Section 6.2.
1.35 1.36 "Original Declaration" shall have the meaning assigned to such term in the Recitals.
"Officers" shall mean the elected officers of the Association.
f the Association pursuant to Section 6.2.
1.35 1.36 "Original Declaration" shall have the meaning assigned to such term in the Recitals.
"Officers" shall mean the elected officers of the Association.
1.37 "Owner" shall mean and refer to every person or entity who is a record owner of a fee or undivided fee interest in any Lot pursuant to Section 6.2. If a Lot is owned in undivided interests by more than one person or entity, each owner shall be an Owner for purposes of this Declaration, provided, however, regardless of the number of Owners of a Lot, the Lot (and residence thereon) may only be used as a single family residence. A person or entity that owns only a lien or other similar interest in a Lot as security for performance of an obligation is not an Owner with respect to that Lot.
1.38 Exhibit "A-3".
1.39 Exhibit A-4".
"Phase I Lots shall mean the Lots located on the real property described on Phase II Lots" shall mean the Lots located on the real property described on 1.40 "Plat(s) means the subdivision plats of the Land recorded in (i) Volume 95038, Page 02574 of the Play Records of Dallas County, Texas and Cabinet I, Page 511 of the Plat Records of Collin County, Texas, consisting of 15.5969 acres ("Phase I Plat") and (ii) Volume 97139, Page 1826 of the Plat Records of Dallas County, Texas, consisting of 14.8839 acres ("Phase II Plat”), as such plats may be modified and amended from time to time hereafter.
1.41 "Policies" shall have the meaning assigned to such term in Section 6.5 hereof.
1.42 "Properties" shall have the meaning assigned to such term in the Preamble.
1.43 "Rules and Regulations" shall have the meaning assigned to such term in Section 4.3(a) hereof.
Page 5 nofficial
of.
1.42 "Properties" shall have the meaning assigned to such term in the Preamble.
1.43 "Rules and Regulations" shall have the meaning assigned to such term in Section 4.3(a) hereof.
Page 5 nofficial First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: \addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx hereof.
Recitals.
1.44 1.45 1.46 1.47 2.1 “Special Assessment” shall have the meaning assigned to such term in Section 7.1 “Substitute Survey" shall have the meaning assigned to such term in Section 8.5 hereof.
“Supplemental Certificates" shall have the meaning assigned to such term in the “Utilities” shall mean the meaning assigned to such term in Section 3.6 hereof.
ARTICLE II PROPERTY SUBJECT TO THE DECLARATION Properties. The Properties shall be subject to the (i) Covenants and Restrictions and (ii) all other terms and conditions in this Declaration, as the same may be amended and supplemented, as provided herein.
nofficial ARTICLE III USE OF PROPERTIES AND LOTS - PROTECTIVE COVENANTS The Properties, including each Lot and improvements located thereon, shall be constructed, developed, occupied and used solely as follows.
3.1 Residential Purposes. Each Lo (including land and improvements) shall be used and occupied for single family residential purposes only. No Owner or other occupant shall use or occupy a residence on such Owner's Lot, or permit the same or any part thereof to be used or occupied, for any purpose other than as a private single family detached residence for the Owner or such Owner's Lessee and their families and domestic servants employed on the premises. As used herein the term "single family residential purposes" shall be deemed to prohibit specifically, but without limitation, the use of any Lot for
es and domestic servants employed on the premises. As used herein the term "single family residential purposes" shall be deemed to prohibit specifically, but without limitation, the use of any Lot for apartment use, commercial rental use (including any form of shared ownership or residential pool arrangement) or multiple family use.
Subdivided/Combining Lots. No Lot shall be resubdivided or replatted into more than one Lot. Any person owning two or more adjoining Lots may not consolidate such Lots into a single building location for the purpose of constructing one (1) dwelling thereon.
3.3 Leasing. Any lease of a residence located on a Lot must include the following: (i) the lease must be in writing and fully executed, (ii) have a minimum term of at least six (6) calendar months and (iii) include the form lease addendum attached hereto as Exhibit E, executed by the Owner and the party leasing the residence (the “Lessee") (the “Lease Addendum"). In addition, no residence may be included in any program that allows for multiple parties or members in the program to lease or utilize the residence, for example: Exclusive Resorts, Inspirato, VRBO, Airbnb or similar programs.
Drainage.
3.4 (a) Neither Former Declarant, Declarant nor its successors or assigns shall be liable for, and each Owner hereby waives any right of recovery against Former Declarant, Declarant and its successors and assigns for any loss of, use of, or damage done to, any shrubbery, trees, flowers, First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: \addison b7194.01DCCR's Amended and Restated DCCRs.s.docx Page 6 improvements, fences, sidewalks, driveways, or buildings of any type or the contents therein on any Lot caused by any water levels, rising waters, or drainage waters.
and Restated DCCRs.s.docx Page 6 improvements, fences, sidewalks, driveways, or buildings of any type or the contents therein on any Lot caused by any water levels, rising waters, or drainage waters.
(b) After completion of building construction on a Lot, the Owner of such Lot shall cause such Lot to be graded so that surface water will flow to streets, alleys, drainage easements or Common Properties. Such grading shall be in conformity with the general drainage plans for the subdivision, prepared by The Nelson Corporation (or such other drainage plans as may be amended by the Board prepared by any successor engineering firm pursuant to all required governmental approvals) as established by the Board to protect the Common Properties. It shall be the responsibility of each Owner to maintain or modify, if necessary, the drainage characteristics of his Lot so that surface water runoff from such Lot will not run across or collect upon any adjacent Lot or cause damage to the Common Properties. If a retaining wall or underground drainage improvements are necessary to control and prevent drainage from one not onto an adjacent Lot or on to the Common Properties, it shall be the responsibility of the Owner of the Lot having the higher surface elevation to construct, maintain, repair and replace the retaining wall or underground drainage improvements. On Lots adjacent to the Preston Trail Golf Club, side yard and side roof drainage are to be directed to the adjacent street, not to the golfcourse.
(c) All roof areas on the zero lot line side of a building must have roof guttering with downspouts draining underground to a street or alley.
3.5 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot is prohibited,
e side of a building must have roof guttering with downspouts draining underground to a street or alley.
3.5 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot is prohibited, except as necessary in conjunction with landscaping or construction of improvements thereon and then after written approval pursuant to the terms recited herein. Minimum finished floor elevations are established by this Declaration and shall be required to be maintained.
Unofficial 3.6 Utilities. Each residence situated on a Lot is connected to the water, electric and sewer lines (the "Utilities"), and the Association has no responsibility to repair, replace or provide any Utilities to any Owner or Lot. No privy, cesspool, or septic tank shall be placed or maintained upon or in any Lot.
Portable toilets will not be allowed during building construction, unless approved in writing by the Architectural Control Committee. The installation and use of any propane, butane, liquid petroleum gas or other gas tank, bottle or cylinder of any type (except portable gas grills), shall require the explicit, itemized written approval of the Architectural Control Committee and the Board, and, if so approved, the Architectural Control Committed may require that such tank, bottle or cylinder be installed underground.
Any control boxes, valves, connection, utility risers or refilling or refueling devices shall be completely landscaped with shrubbery so as to obscure their visibility from the streets within or adjoining the Properties or from any other Lot or the Common Area.
Access. No driveways or roadways may be constructed on any Lot to provide access to any adjoining Lot except as expressly provided on the Plat, or with the explicit, itemized prior written
ommon Area.
Access. No driveways or roadways may be constructed on any Lot to provide access to any adjoining Lot except as expressly provided on the Plat, or with the explicit, itemized prior written approval of the Architectural Control Committee and the Board.
Driveways. Each Lot is currently accessible to an adjoining street or alley by a driveway suitable for such purposes, previously approved as to design and location by the Architectural Control Committee. No modification as to the location of the driveway is allowed without the express prior written approval of the Architectural Control Committee and the Board. Owners shall be responsible for the maintenance and repair of the portion of any sidewalk that crosses the Owner's driveway.
3.9 Setback Requirements and Building Location. All front, side, and rear setbacks must be approved by the Architectural Control Committee and must meet the requirements of the City of Dallas Development Code and the requirements set forth on (i) Exhibit “B-1" for Phase I and (ii) Exhibit “B-2” for Phase II attached hereto and made a part hereof for all purposes. The location of the main residence on First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: 'addison b7194.01DCCR's Amended and Restated DCCRs.s.docx Page 7 each Lot and the facing of the main elevation with respect to nearby streets shall be subject to the approval of the Architectural Control Committee and the Board. No building or structure of any type shall be erected on any Lot nearer to the property lines than indicated by the minimum building setbacks set forth on Exhibit “B-1” and “"B-2." All first floor finish elevations must be the same or higher than the elevations set
nearer to the property lines than indicated by the minimum building setbacks set forth on Exhibit “B-1” and “"B-2." All first floor finish elevations must be the same or higher than the elevations set forth on Exhibit "B-1” and “B-2.” In addition to the other provisions applicable to the Lots in Phase II, the following window restrictions shall apply: (i) no second floor windows shall be permitted on the easterly side of a dwelling on Lot 42, Block 12/8209, and (ii) no second floor windows shall be permitted on the westerly side of a dwelling on Lots 55, 68 and 69, Block 12/8209.
3.10 Minimum Floor Space. All floor areas referenced below are for air conditioned floor area, exclusive of porches, garages, or breezeways attached to the main dwelling. Each dwelling constructed on any Lot in the subdivision shall contain a minimum of three thousand (3,000) square feet, of which not less than two thousand (2,000) square feet shall be enclosed, air conditioned ground floor area. Notwithstanding anything to the contrary, the square footage of any existing residences in the Community as of the Effective Date listed on Exhibit A-5, that are less than the minimum of three thousand (3,000) square feet shall be allowed pursuant to prior variance authorized by Former Declarant and any new residence or reconstruction of the existing residence in its entirety listed on Exhibit A-5 shall not be less than the square footage listed on Exhibit A-5.
stories.
3.11 Height. No dwelling or other building on any Lot shall have a height in excess of two (2) 3.12 Construction Requirements.
Unofficial (a) One hundred percent (100%) of the exterior surface of the first floor wall area (exclusive of doors, windows and trim) of all residential dwellings shall be constructed of brick or stone
nofficial (a) One hundred percent (100%) of the exterior surface of the first floor wall area (exclusive of doors, windows and trim) of all residential dwellings shall be constructed of brick or stone material listed in the Architectural Control Guidelines, and such exterior material must have the explicit, itemized written approval of the Architectural Control Committee for that particular dwelling. One hundred percent (100%) of the exterior surface of the wall area above the first floor (exclusive of doors, windows, dormers and trim) shall be constructed of like brick or stone material, if such wall area faces onto a street or the greenbelt area of the Common Area; and if such area above the first floor does not face onto a street or the greenbelt area of the Common Area, then the permitted material may also be stucco or masonite siding approved by the Architectural Control Committee and the Board. The roofing material shall be limited to those listed in the Architectural Control Guidelines. Such roofing material must have the explicit, itemized written approval of the Architectural Control Committee for that particular building. The roof pitch of any building shall be 8 x 12% minimum unless otherwise approved in writing by the Architectural Control Committee Exterior paint and stain colors, which may be limited to those listed in the Architectural Control Guidelines, shall have the explicit, itemized written approval of the Architectural Control Each residence shall have installed on the outside wall thereof a service riser conduit, and the location and length of such conduit must be approved by the Architectural Control Committee. All electrical service shall be underground. No overhead power lines or telephone lines are permitted.
(c)
location and length of such conduit must be approved by the Architectural Control Committee. All electrical service shall be underground. No overhead power lines or telephone lines are permitted.
(c) No above ground-level swimming pools shall be installed on any Lot. Upon explicit, itemized written approval of the Architectural Control Committee and the Board, above groundlevel hot tubs are permitted.
(d) No projections of any type shall be placed or permitted to remain above the roof of any residential building with the exception of one or more chimneys and one or more vent stacks First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: \addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 8 without the explicit, itemized written approval of the Architectural Control Committee and the Board for that particular building.
(e) Basketball backboards may be installed above the garage doors that face an alley; however, for Lots having a side boundary line that is adjacent and generally parallel to a street or alley, basketball backboards may not be installed on such Lots if they would be visible from the adjacent street or a Common Area. Portable backboards are prohibited unless they are stored out of sight when not in use.
3.13 Garages. Each dwelling erected on any Lot shall provide garage space for a minimum of two (2) conventional automobiles. All garage doors shall be closed at all times when not in use. Garage doors shall not be more than ten (10) feet in width unless the door serves a garage that opens onto and is served by an alley. All garage doors must be of material, design and color approved by the Architectural Control Committee. All garages on Lots served by an alley shall open onto and be served by such alley. No
an alley. All garage doors must be of material, design and color approved by the Architectural Control Committee. All garages on Lots served by an alley shall open onto and be served by such alley. No garage on a Lot abutting the golf course of Preston Trail Golf Club shall open onto or face such golf course.
Porte cocheres must be approved by the Architectural Control Committee. No Carport shall be built placed, constructed or reconstructed on any Lot. As used herein, the term "carport" shall not be deemed to include a porte cochere. No garage shall ever be changed, altered, reconstructed or otherwise converted or used for any purposes inconsistent with the garaging of automobiles.
3.14 Windows; Coolers. Window treatments to the extent visible from the exterior, shall be subdued, in good taste and limited to shutters, blinds, drapes sheers and the like, all in neutral shades. No window or wall type air conditions or water coolers shall be permitted to be used, erected, placed or maintained on any part of the Properties except the gatehouse.
Unofficial 3.15 Antennas. No radio or television serial wires or antennas shall be maintained on the outside of any building without the explicit, itemized written approval of the Architectural Control Committee and the Board, nor shall any free standing antenna towers of any style be permitted.
3.16 Dishes. No exterior satellite dish or similar device shall be erected, placed or altered on any Lot without the explicit, itemized written approval of the Architectural Control Committee and the Board. Any such dish or similar device must not be visible from the greenbelt area of the Common Area.
3.17 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot without
d the Board. Any such dish or similar device must not be visible from the greenbelt area of the Common Area.
3.17 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot without the explicit, itemized written approval of the Architectural Control Committee and the design of and materials used in the construction of fences (including stain color) and walls shall comply with the minimum fencing requirements listed in the Architectural Control Guidelines and have the explicit, itemized written approval of the Architectural Control Committee and the Board. No fence, wall or hedge shall be erected, placed or altered on any Lot within the front yard setback prescribed on Exhibit "B-1" and "B-2" attached hereto. No fence, wall or hedge shall exceed (8) feet in height, as measured from the minimum finished floor elevation prescribed on Exhibit “B-1" and "B-2." The foregoing height limitation shall not apply to fences, walls and hedges along the perimeter of the Land. No chain link fences or other wire type fences shall be erected on any Lot. All services, facilities, clothes lines, wood piles and air conditioning equipment must be enclosed within fences, walls and/or landscaping, except for air conditioning units installed in the area of the lot facing an alleyway and approved by the Architectural Control Committee. Owners of Lots abutting the golf course of Preston Trail Golf Club (and the Association as to only the area of the wrought iron fence located at the Common Area) shall construct and maintain in good repair a wrought iron fence as required by the Agreement filed in Volume 94116, Page 00237 of the Deed Records of Dallas County, Texas.
3.18 Retaining Walls and Landscape Edging. The design and materials for all retaining walls
as required by the Agreement filed in Volume 94116, Page 00237 of the Deed Records of Dallas County, Texas.
3.18 Retaining Walls and Landscape Edging. The design and materials for all retaining walls and landscape edging shall be limited to those designs and materials listed in the Architectural Control First Amended and Restated Declaration of Covenants, Conditions and Restrictions N'addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 9 Guidelines and must have the explicit, itemized written approval of the Architectural Control Committee and the Board for each particular retaining wall and landscape edging.
3.19 Landscaping. Any and all plans for the landscaping of front yards, side yards not enclosed by solid fencing and all of the backyard area which faces or is visible from the greenbelt area of the Common Area, including alterations, changes or additions thereto shall be subject to the explicit, itemized written approval of the Architectural Control Committee and the Board (unless Board approval is not required pursuant to the Architectural Control Guidelines) and shall comply with the requirements listed in the Architectural Control Guidelines. Subject to weather delay, each Lot shall be fully landscaped within one hundred twenty (120) days from the date on which the residence thereon is "completed", as provided in Section 3.26(a). Owners are advised that before any plants, decorative items or any other attachment is made to a neighbor's wall or fence, the Owner should first obtain that homeowner's explicit written approval.
al 3.20 Mailboxes, Trash Receptacles and Collection. Mailboxes shall be of a design and material listed in the Architectural Control Guidelines and shall be located as approved by the Architectural Control
20 Mailboxes, Trash Receptacles and Collection. Mailboxes shall be of a design and material listed in the Architectural Control Guidelines and shall be located as approved by the Architectural Control Committee and the Board. Each Owner shall make or cause to be made appropriate arrangements with the City of Dallas, Texas, for collection and removal of garbage and trash on a regular basis. Each Owner shall observe and comply with any and all regulations or requirements promulgated by the City of Dallas, Texas, and/or the Association, in connection with the storage and removal of trash and garbage. All trash, garbage, or waste matter shall be kept in tightly sealed bags or other approved containers which shall be maintained in a clean and sanitary condition. An Owner may place trash on the street curb or alley abutting his Lot only on the evening before those days designated by the City of Dallas, Texas as trash collection days. On all other days, an Owner must keep all trash garbage and other waste material and waste containers hidden from public view. No Lot shall be used for open storage of any materials whatsoever, except that building materials to be used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon through completion of construction.
No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot.
3.21 Parking. On-street parking is restricted to approved deliveries, pick-up or short-term guests, short-term invitees, household employees and short term daytime and evening (not overnight) usage by Owners, and subject to the Rules and Regulations, as adopted by the Board. No individual guest, short-
rt-term invitees, household employees and short term daytime and evening (not overnight) usage by Owners, and subject to the Rules and Regulations, as adopted by the Board. No individual guest, shortterm invitee or household employee may utilize on-street parking for more than five consecutive days or 15 hours a week and no Owner or their family more than 25 hours (not overnight) in any week, parking in such instances being limited to the front or rear driveway of the residence.
3.22 Temporary Structures and Vehicles. No temporary structure of any kind shall be erected or placed upon any Lot. No trailer; mobile, modular or prefabricated home; tent; shack; barn or any other structure or building, other than the residence to be built thereon, shall be placed on any Lot. Any truck, bus, boat, boat trailer, trailer, mobile home, campmobile, camper or any other vehicle other than conventional automobile shall, if brought within the Properties, be stored, placed or parked within the garage of the appropriate Owner and concealed from view.
3.23 Signs / Holiday Decorations. No signs shall be displayed to the public view on any Lot without the explicit, itemized approval of the Architectural Control Committee, with the following exceptions: (i) the patriotic display of flags not exceeding 4' x 6' in size shall be permitted on customary holidays pursuant to the Architectural Control Guidelines; (ii) election related signs shall be permitted during the 90 days preceding the election and removed no later than 10 days thereafter and (iii) an Owner may only erect the standard realtor sign in the size and content established by the Architectural Control Committee and approved by the Board for the entire Community. "Open House" signage may only be
may only erect the standard realtor sign in the size and content established by the Architectural Control Committee and approved by the Board for the entire Community. "Open House" signage may only be displayed in the manner and times established by the Architectural Control Committee and approved by the First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: \addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 10 Board. Holiday decorations and lighting shall be in good taste and in compliance with the customary neighborhood activities and displayed only during the holidays season, as determined by the Board.
3.24 Offensive Activities. No noxious or offensive activity, as determined by the Board of Directors in its sole and absolute discretion, shall be conducted on any Lot nor shall anything be done thereon which is or may become an annoyance or nuisance to the other Owners. No garage sales, yard sales, estate sales, patio sales, flea markets, bazaars, sample sales or similar activities shall be conducted on any portion of the Properties. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs (other than Pit Bull dogs or Pit Terriers which are not allowed cats or other household pets (not to exceed three (3) adult animals) may be kept, provided that they are not kept, bred or maintained for commercial purposes.
3.25 Drilling and Mining Operations. No oil drilling, water drilling or development operations oil refining, quarrying or mining operations of any kind shall be permitted toon or in any Lot nor shall oil wells, water wells, tank, tunnels, mineral excavations or shafts be permitted upon or in any Cot. No derrick
rrying or mining operations of any kind shall be permitted toon or in any Lot nor shall oil wells, water wells, tank, tunnels, mineral excavations or shafts be permitted upon or in any Cot. No derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any Lot.
3.26 Duty of Construction.
(a) Unofficial All initial residences have been constructed. Any subsequent construction or rebuild on any Lot shall be only pursuant to plans and specifications in compliance with the Architectural Control Guidelines and approved by the Architectural Control Committee and the Board. The construction shall be completed not later than (i) one (1) year for a total rebuild of the residence, provided, however the one (1) year period may be extended for the period of delays, due to force majeure, as long as the Owner is continuing to use all reasonable efforts to complete said improvements (the "Force Majeure Period”), or (ii) for a remodel of a residence within nine (9) calendar months following the Commencement of Construction. For the purposes hereof, the term "Commencement of Construction" shall be deemed to mean the earlier of (i) the date on which the foundation forms are set or (ii) construction activity commences on the Lot. For purposes hereof construction shall be deemed completed when all plumbing fixtures are installed and operational; all cabiner work is completed and installed; all interior walls, ceilings, and doors are completed and installed, floors have been completed (with hardwood, carpet, tile or other similar floor covering installed); and the appropriate final finish has been applied to all surfaces within the structure, such as paint, wallpaper, paneling, stain or the like.
carpet, tile or other similar floor covering installed); and the appropriate final finish has been applied to all surfaces within the structure, such as paint, wallpaper, paneling, stain or the like.
In the event of destruction (total or partial) to the improvements on any individual Lot due to fire or any other cause, each Owner covenants and agrees to complete all necessary repairs or reconstruction of the damaged improvements or remove all remaining improvements within one (1) year following the date that the damage occurs, plus any Force Majeure Period.
In the event of any major construction or remodel of a residence, in addition to the Declaration and the Architectural Guideline requirements for explicit itemized written approval by the Architectural Control Committee and the Board of the plans and specifications, the Owners agree to attach to their construction contract the construction rules addendum established by the Architectural Control Committee and approved by the Board, as it may be amended (the "Construction Rules") which provides for certain requirements and obligations of the contractor and his subcontractors concerning access, identification requirements, timing of work, cleanup regulations, construction debris bins and other construction rules utilized to protect the Community and Lots. The Construction Rules shall be binding on the contractor and the Owner and/or the Association may enforce the Construction Rules pursuant to the terms of the Construction Rules.
First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 11 3.27 Maintenance, Repair and Replacement of Improvements and Landscaping on Lots.
aration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 11 3.27 Maintenance, Repair and Replacement of Improvements and Landscaping on Lots.
Owners, occupants and Lessees of any Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep such Lot and all buildings, other improvements and grounds in a wellmaintained, clean and attractive condition at all times. Required maintenance, repair and replacement shall include meeting the conditions provided in this Declaration and the Architectural Control Guidelines and specifically include the following: (i) (ii) (iii) Complying with all governmental laws, including health, safety and property use requirements; Removing promptly all litter, trash, refuse and waste; Maintaining all residence exteriors, including in particular the timely repairing and repainting of wood components such as facia and window mullions and trim; (iv) Maintaining and repairing fences, gates, walls and retaining walls, (v) Maintaining parking areas and driveways in good repair (vi) Maintaining landscape edging, pavers and walkways in good repair; (vii) Keeping all underground and surface drainage improvements and conditions in proper working order; Unofficial Association.
3.29.
(viii) Keeping exterion lighting in proper working order, using standard color of lighting for consistent look in Community established by Architectural Control Committee and approved by Board; Keeping all landscaping healthy, free of weeds and attractive; Watering adequately all landscape areas; "Maintaining alt groundcovers, including grass, in healthy growth conditions with proper full coverage; Maintaining all shrubs, ornamentals and seasonal color properly pruned and
all landscape areas; "Maintaining alt groundcovers, including grass, in healthy growth conditions with proper full coverage; Maintaining all shrubs, ornamentals and seasonal color properly pruned and replaced if overgrown; and (xii) Maintaining all trees properly pruned Maintenance of Common Properties. The Common Properties shall be maintained by the Failure to Abide by Terms/Association Actions. If, in the opinion of the Board, any such Owner, occupant or Lessee has failed in any of the duties or obligations set forth in this Article III, in addition to all other rights of the Association set forth herein, then the Association may give such person written notice of such failure and such person must within ten (10) days after receiving such notice, perform the repairs and maintenance or make arrangements with the Association for making the repairs and maintenance required. Should any such person fail to fulfill this duty and responsibility within such period, First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 12 then the Association, through its authorized agent or agents, shall have the right and power to enter onto the Lot and the improvements thereon and perform such repair and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. The Owners of any part of the Lot on which such work is performed shall jointly and severally be liable for the cost of such work (such costs constituting a Special Assessment as specified in Section 7.1 hereof) and shall promptly reimburse the Association for such cost incurred, including a reasonable charge for administrative costs attributable
tuting a Special Assessment as specified in Section 7.1 hereof) and shall promptly reimburse the Association for such cost incurred, including a reasonable charge for administrative costs attributable thereto and reasonable attorneys' fees and court costs, if necessary, to collect the sum due the Association.
4.1 ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Title to the Common Properties. The Association is the sole owner and has fee simple title to the Common Properties.
4.2 Owner's Easement of Enjoyment. Subject to the provisions of Section 4.3 of this Article, every Owner and any Lessee, who resides on a Lot, and each individual who resides with either of them, respectively, on such Lot shall have a nonexclusive right and easement of use and enjoyment in and to the Common Properties, subject however to the terms, restrictions and conditions in Section 4.3 (the "Easement of Enjoyment”). The Easement of Enjoyment shall be appurtenant to and shall pass with the title of every Lot; provided, however, the Easement of Enjoyment shall not give such person (i) any interest of any nature in the fee simple title, (ii) the right to make alterations, additions or improvements to the Common Properties, or (iii) usage rights beyond the specific rights granted herein, which are subject to the terms, conditions and restrictions herein.
Unofficial 4.3 Extent of Owner's Rights and Easements. The rights to the Easements of Enjoyment created hereby shall be subject to the following: (a) The right of the Board to adopt, amend, enforce and revoke rules and regulations governing the use, operation and maintenance of the Common Properties including, without limitation, the authority to assess fines against Owners violating such rules and regulations (the "Rules and
s governing the use, operation and maintenance of the Common Properties including, without limitation, the authority to assess fines against Owners violating such rules and regulations (the "Rules and Regulations"). The Board is further authorized and empowered to prohibit the use, or to limit the manner and extent of use, of the Common Properties by Owners (i) owing Assessments or unpaid fines or other costs or (ii) who are violating the Rules and Regulations of the Association. By way of illustration, but without limitation, the Board shall have the power to deny such Owners the privilege of access to all Common Property.
The right of the Board to enter into and execute contracts with third parties for the purpose of providing maintenance or such other materials or services consistent with the purposes of the Association; The right of the Board, subject to an Absolute Majority Vote of the Members of the Association to dedicate or transfer all or any part of the Common Properties located on Campbell Road outside the exterior fence to any public agency, authority, or utility company for such purposes and upon such conditions as may be approved by such Members; (d) The right of the public to the use and enjoyment of public rights-of-way, if any, located outside the exterior fence of the Common Properties.
Restricted Actions by Owners. No Owner, occupant or Lessee shall permit anything to be done on or in the Common Properties which would violate any applicable public law or zoning ordinance 4.4 First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: \addison b7194.01 DCCR's Amended and Restated DCCRs.5.docx Page 13 or which would result in the cancellation of or increase of any insurance carried by the Association, or
nditions and Restrictions N: \addison b7194.01 DCCR's Amended and Restated DCCRs.5.docx Page 13 or which would result in the cancellation of or increase of any insurance carried by the Association, or which would be in violation of any law. No waste shall be committed in the Common Properties by any Owner, occupant or Lessee.
4.5 Damage to the Common Properties. Each Owner shall be liable to the Association for all damage, other than ordinary wear and tear, to the Common Properties caused by the Owner, Owner's family, pets, guests, Lessees or other occupants of such Owner's Lot. The Common Properties may be subject to storm water overflow, natural bank erosion and other natural or man-made events or occurrences, which cannot be defined or controlled by the Declarant. Under no circumstances shall Former Declarant, Declarant or the Association ever be liable, and each current Owner and subsequent Owner, on behalf of themselves and their family, Lessees, guests or occupants thereof (i) waive any right to recovery from and (ii) release any claim or cause of action against Former Declarant, Declarant, the Association or any Officers, Directors or committee members of the Association, for any damages or injuries of any kind or character or nature whatsoever resulting from: (i) the occurrence of any natural phenomena, including but not limited to falling or slipping on ice or wet sidewalks, tree limbs falling, lightning, wild animals or other causes beyond the control of the Association; (ii) the failure or defect of any structure of structures situated on or within the Common Properties, including failures or defects occurring through the negligence of contractors employed by Declarant or the Association; (iii) any negligent or willful act, conduct, omission
hin the Common Properties, including failures or defects occurring through the negligence of contractors employed by Declarant or the Association; (iii) any negligent or willful act, conduct, omission or behavior of any individual, group or individuals, entity or enterprise occurring on, within or related to the Common Properties and (iv) any use of the streets, alleys, of guard gate, including but not limited to any automobile or pedestrian accidents. The Members acknowledge and agree that the use of the Common Properties by a Member or their family, guests, Lessees or occupants is solely at "THEIR OWN RISK."
ARTICLEV EASEMENTS 5.1 Universal Easement. Each Lot within the Properties and the Owner of such Lot are hereby declared to have an easement on adjoining Lots not to exceed one (1) foot in width from the common property line of such Lots for the purpose of maintaining and repairing any dwelling or other structure that encroaches over the boundary line of a Lot due to inadvertent surveying errors, inadvertent engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. Former Declarant has reserved and Declarant does hereby reserve the same one (1) foot in width easement over all Lots and over all Common Areas for the purpose of maintaining and repairing improvements constructed by the Former Declarant that encroach onto adjoining Lots or Common Areas. However, the benefits of the easements reserved or created in this Section 5.1 shall not be available with respect to an encroachment occurring due to willful misconduct of any Owner. Each of the easements hereinabove referred to shall be deemed to be established upon the recordation of the Original Declaration and shall be appurtenant to the
due to willful misconduct of any Owner. Each of the easements hereinabove referred to shall be deemed to be established upon the recordation of the Original Declaration and shall be appurtenant to the Lots and Common Area benefitted by such easements and shall run with the land and inure to the benefit of successive owners of such Lots or Common Area.
5.2 Zero Lot Line Easement. Each Lot having a zero side of zero lot line as shown on Exhibit "Band Exhibit “B-2" and the Owner of such Lot have an easement on the Lot adjacent to such zero side as follows: (i) five (5) feet in width for Phase I Lots and (ii) three (3) feet in width for Phase II Lots along and adjacent to said zero side for the repair and maintenance of such Owner's improvements adjacent thereto.
5.3 Wall and Landscape Easement. An easement of varying width on Lot 1, Block 12/8209, Lot 78, Block 12/8209 and Lots 43-44, Block 12/8209 has been established on the Plats for the maintenance and repair of the perimeter screening wall and the associated landscaping and irrigation improvements. The Owner of such Lot shall not alter such perimeter screening walls, landscaping or irrigation even though First Amended and Restated Declaration of Covenants, Conditions and Restrictions Naddison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 14 such improvements may be located on or adjacent to such Owner's Lot, but such Owner may maintain landscaping behind the screening wall within such easement on the Lot, subject to the right of the Association to enter upon such Lot to maintain, repair and replace improvements that are part of the Common Properties.
5.4 Utility Easements and Use of Surface Areas. Easements for installation and maintenance
n to enter upon such Lot to maintain, repair and replace improvements that are part of the Common Properties.
5.4 Utility Easements and Use of Surface Areas. Easements for installation and maintenance of underground utilities and lighting within the Common Areas are reserved as shown and provided for on the Plat.
5.5 Emergency and Public Service Vehicles. All police, fire protection, ambulance and other emergency vehicles and other public service vehicles and personnel have been granted an easement to enter upon the Common Properties, including the private streets, in the performance of their duties. In addition, an easement is hereby granted to the Association, its Officers, agents employees and management personnel to enter the Common Properties to render any services.
5.6 Ingress and Egress by the Association. The Association has full rights of ingress and egress over and upon all Lots at all times for the maintenance and repair of each Lot (with no obligation for such work) and the Common Properties in accordance with the provisions hereof, and for the carrying out by the Association of its functions, duties and obligations hereunder, provided, however, except for the Association's right of entry pursuant to Section 3.29 due to Owner's failure to comply with the terms herein, entry shall be made with as little inconvenience to the Owner as practical and damage caused by the Association's entry, other than damages caused by the failure of the Owner to comply herewith, shall be repaired by the Association at the expense of the Association Unofficial HOMEOWNERS ASSOCIATION 6.1 Purposes. The Association, through the Board, shall have the duty and responsibility to administer and maintain the Common Properties, to establish and collect Assessments and to disburse
OCIATION 6.1 Purposes. The Association, through the Board, shall have the duty and responsibility to administer and maintain the Common Properties, to establish and collect Assessments and to disburse collected funds as so permitted, and such other powers necessary to enforce the terms and conditions of this Declaration.
6.2 Membership Every Owner of a Lot shall automatically be a Member of the Association.
However, there shall only be one (1) vote cast with respect to each Lot. If more than one Owner of a Lot are Members, however they shall only be entitled to cast the one (1) vote for the Lot, and the Owners of the Lot shall determine how the one (1) vote is to be cast. If the Owners cannot agree on how the one (1) vote for the Lot is to be cast, the Association may disallow the vote for the Lot. In no event shall the reference to multiple Owners of a Lot modify, extend or allow the Lot and residence to be used for any purpose other than a single family residence. Each Owner is required to provide and update to the Association and the Association's Management Company on the "Owner Information Form" their full name and current contact information, including address, telephone number and email addresses, for administrative uses.
Administration and Maintenance of the Common Properties. The Association shall take the actions required, as determined by the Board, to care for and preserve the Common Properties, including any landscaping, screening walls, lighting within the Common Areas, entry area, gates and gate house. The Board shall be empowered to establish, amend and repeal the Rules and Regulations for the use of the Common Properties.
6.4 Assessments, Borrowing, Reserve Funds. The Board shall administer the Assessment
d shall be empowered to establish, amend and repeal the Rules and Regulations for the use of the Common Properties.
6.4 Assessments, Borrowing, Reserve Funds. The Board shall administer the Assessment process described in Article VII hereof. Upon prior approval of sixty-seven percent (67%) of the Members, First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 15 the Board may, on behalf of the Association, borrow funds on a secured or unsecured basis and, if secured, the security may consist of the assignment of current or future Assessments or the pledge of rights against delinquent Owners provided, however, that the Association shall not have the power to mortgage the Common Properties. The Board may establish reserve funds from Assessments or borrowing for the purpose of accumulating funds to pay the cost of repairing, refurbishing and replacing any Common Properties. Reserve funds shall be accounted for separately from other funds.
6.5 Policies. The Board is authorized to periodically establish and amend certain policies to be utilized in the operation of the Association and the enforcement of the terms and obligations under the Rules and Regulations (as may be adopted by the Board), the Bylaws and this Declaration (the Policies").
The current Policies established by the Board, which are subject to revisions as determined by the Board are as follows and attached as Exhibit “C”: (i) Reserve and Replacement Fund Operating Policy (Exhibit C-1), (ii) Enforcement Policy (Exhibit C-2), (iii) Member Suggestions, Complaints and Comments Procedure Policy (Exhibit C-3), (iv) Record Retention and Production Policy (Exhibit C-4), and (v) the
it C-1), (ii) Enforcement Policy (Exhibit C-2), (iii) Member Suggestions, Complaints and Comments Procedure Policy (Exhibit C-3), (iv) Record Retention and Production Policy (Exhibit C-4), and (v) the Payment Plan, Assessment Collections and Application of Payments Policy Exhibit C5). Rules and Regulations and individual Policies may be amended and revised as determined by the Board, subject to any Applicable Laws or any restrictions set forth in the Bylaws or the Declaration. Any revision or addition to the Policies established by the Board or Rules and Regulations shall be set forth in a new revised specific policy to be included in Exhibit “C”, which shall be recorded by the Board and supersede and replace in its entirety the applicable policy of Exhibit "C" and shall be effective as of the date of recordation of the new policy to be included in Exhibit “C” (For example to be replaced by a new C-1). The revised Policies shall be posted on the Association website in accordance with all Applicable Law. The addition, modification or revision and recordation of any of the Policies by the Board shall not constitute an amendment to this Declaration and shall not require a vote of the Members for the adoption or recordation of same pursuant to Section 9.2 hereof.
6.6 Disbursement of Association Funds. The Board shall, subject to the terms, conditions and limitations set forth in the Bylaws, have the exclusive right to authorize the Association to contract for all goods, services, and insurance and to hold and disburse Association funds in payment therefore.
6.7 HOU Fines. The Board is authorized, in addition to any and all other remedies provided herein, to levy fines in the amounts set forth in the Enforcement Policy in Section 9.3 or such higher reasonable
HOU Fines. The Board is authorized, in addition to any and all other remedies provided herein, to levy fines in the amounts set forth in the Enforcement Policy in Section 9.3 or such higher reasonable amount set by the Board, due to the nature of the violation (subject to the maximum amount allowed by law). Such fines shall be deemed Special Assessments as provided in Section 7.1 hereof.
6.8 Liability Limitations. NO MEMBER, DIRECTOR OR OFFICER OF THE ASSOCIATION (PRESENTLY SERVING OR SERVING IN THE PAST) SHALL BE PERSONALLY LIABLE FOR OBLIGATIONS OR DEBTS CONTRACTED FOR OR OTHERWISE INCURRED BY THE ASSOCIATION, ACTIONS TAKEN BY (OR OMISSIONS) OF THE ASSOCIATION OR BOARD OR FOR THE NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER TORT OF ANOTHER MEMBER, WHETHER SUCH OTHER MEMBER WAS ACTING ON BEHALF OF THE ASSOCIATION OR OTHERWISE. NEITHER THE DECLARANT NOR THE ASSOCIATION, ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR FAILURE TO INSPECT THE COMMON PROPERTIES OR ANY PORTIONS THEREOF OR FOR FAILURE TO REPAIR OR MAINTAIN SAME. IN ADDITION, (I) THE DIRECTORS, (II) ANY MEMBERS OF A COMMITTEE OF THE ASSOCIATION, AND (III) ANY OFFICERS OF THE ASSOCIATION (PAST OR PRESENT) (COLLECTIVELY, THE “INDEMNIFIED PARTIES"), WHILE ACTING IN THEIR APPLICABLE CAPACITY SHALL NOT BE LIABLE TO ANY INDIVIDUAL MEMBER, ANY CLASS OR CLASS ACTION OF MEMBERS, TO THE OWNERS OF ANY LOT, ANY LESSEES OR OCCUPANTS OR GUESTS OF AN OWNER FOR ANY DAMAGES, LOSSES, OR CLAIMS SUFFERED OR CLAIMED ON ACCOUNT OF ANY Page 16 First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx DECISION, APPROVAL OR DISAPPROVAL, COURSE OF ACTION, ACT (INCLUDING
nded and Restated Declaration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx DECISION, APPROVAL OR DISAPPROVAL, COURSE OF ACTION, ACT (INCLUDING RESIGNATION), INACTION, OMISSION, ERROR, NEGLIGENCE OR THE LIKE MADE IN GOOD FAITH IN CONNECTION WITH THE ASSOCIATION, THE COMMON PROPERTIES, THE BYLAWS, THE RULES AND REGULATIONS, THE ARCHITECTURAL CONTROL GUIDELINES, THE DECLARATION OR THE NEGOTIATION, EXECUTION OR PERFORMANCE OF ANY AGREEMENT ENTERED INTO BETWEEN THE ASSOCIATION AND ANY THIRD PARTY. WITH RESPECT TO ALL DIRECTORS AND ANY OFFICERS OF THE ASSOCIATION, ALL CONDUCT SHALL BE DEEMED TO BE IN GOOD FAITH, EXCEPT FOR ACTS OF GROSS NEGLIGENCE AND INTENTIONAL BAD FAITH.
7.1 ARTICLE VII ASSESSMENTS ial Creation of the Lien and Personal Obligation of Assessments. For each Lot owned by each Owner, such Owner shall be deemed to covenant and agree to pay to the Association (1) al annual maintenance assessments or charges ("Maintenance Assessments") assessed against his or its respective Lot or Lots, which assessments shall be on a calendar year basis; (2) all special assessments for capital improvements ("Capital Assessments") assessed against his or her respective Let or Lots, such assessments to be fixed, established and collected from time to time as herein provided: (3) all individual special assessments ("Special Assessments") levied against such Owner or such Owner's Lot or Lots as violation fines or to reimburse the Association for th costs for maintenance and/or repairs to Common Properties caused by the acts (or failure to act) of the individual Owner, his family, guests or other invitees and for maintenance or repair to the Owner's hot or improvements thereon in accordance with Section
caused by the acts (or failure to act) of the individual Owner, his family, guests or other invitees and for maintenance or repair to the Owner's hot or improvements thereon in accordance with Section 3.27. Such assessments shall be fixed, established and collected from time to time as herein provided. The Maintenance, Capital and Special Assessments (collectively, the Assessments"), together with any charge levied by the Association under the terms hereof or as allowed by law, along with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge and a continuing lien upon each Lot against which each such Assessment is made. There is to the full extent permitted by law, a lien, with the power of non-judicial sale reserved in favor of the Association, as provided in Section 51.002 of the Texas Property Code (as it may be amended from time to time), created and established by the Original Declaration, which is valid and subsisting against each Lot within the Property to secure payment to the Association of any and all amounts due under this Declaration. Any unpaid Assessment together with interest thereon and costs of collection thereof as herein after provided, shall be the continuing personal obligation of each person who is the Owner of such Lot regardless of when the Assessment became due.
Each Owner, and each prospective Owner, is hereby placed on notice that the covenant to pay assessments or any other charges provided for herein shall operate to place upon him or her the responsibility for payment of an amounts due the Association prior to the time of conveyance of a Lot and which may be payable at the time of conveyance. The purchasing Owner ("Grantee"), in a voluntary conveyance, is
r payment of an amounts due the Association prior to the time of conveyance of a Lot and which may be payable at the time of conveyance. The purchasing Owner ("Grantee"), in a voluntary conveyance, is jointly and severally liable with the selling Owner ("Grantor") for all unpaid amounts due the Association by Grantor or owed on Grantor's Lot prior to conveyance of such Lot, without prejudice to Grantee's right to obtain reimbursement from Grantor. Any prospective purchaser may request and is entitled to obtain, for a fee, a Resale Certificate pursuant to Chapter 207 of the Texas Property Code stating the amounts due the Association by Grantor or for Grantor's Lot.
7.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of promoting the health and welfare of the residents of the Lots, including in particular for the maintenance of the Common Properties and for their management and supervision and for carrying out the duties of the Association or the Board as set forth in this Declaration or in the Articles of Incorporation (the "Articles of Incorporation") or bylaws of the Association (the "Bylaws").
First Amended and Restated Declaration of Covenants, Conditions and Restrictions Naddison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 17 Basis and Amount of Maintenance Assessments.
7.3 (a) At each annual meeting of the Members ("Annual Meeting"), the Board shall set the amount of the Maintenance Assessment that may be levied against each Lot for the succeeding year, provided that for any year, the maximum Maintenance Assessment for such year may not be increased by the Board by more than ten percent (10%) above the prior year Maintenance Assessment, unless otherwise
vided that for any year, the maximum Maintenance Assessment for such year may not be increased by the Board by more than ten percent (10%) above the prior year Maintenance Assessment, unless otherwise approved by an Absolute Majority Vote of the Members in the Association. If in any year the Board fails to set a Maintenance Assessment for such year, the Maintenance Assessment shall be deemed to be the same as the Maintenance Assessment for the preceding year.
(b) When the Maintenance Assessment is computed for Lots, all of such Maintenance Assessment shall be payable to the Association by the Member.
(c) Written notice of the Maintenance Assessment to be paid by each Member shall be sent to every Member, but for Lots having more than one Owner, only one Member for such Lot shall be entitled to notice. The Member to whom notice shall be sent shall be as requested in writing by the Owners of such Lot and in the event of conflicting or uncertain instruction, the recipient of such notices shall be determined by the Association.
7.4 Capital Assessments and Special Assessments.
Unofficia (a) The Association may levy in any assessment year a Capital Assessment for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto; provided that the maximum Capital Assessment for such year may not be increased by the Board by more than fifteen percent (15%) above the prior year Capital Assessment, unless otherwise approved by an Absolute Majority Vote of the Members in the Association. The Board has
creased by the Board by more than fifteen percent (15%) above the prior year Capital Assessment, unless otherwise approved by an Absolute Majority Vote of the Members in the Association. The Board has established a Reserve and Replacement Fund Operating Policy attached as Exhibit C. The minimum amount to be assessed by the Board and included as an annual Capital Assessment to fund the Reserve Fund shall be the amount set forth in the then current Replacement Fund Study.
Upon an affirmative yote of a majority of the members of the Board of the Association, the Association may levy Special Assessments against individual Owners: (i) for reimbursement of maintenance or repairs incurred by the Association occasioned by the acts (or failure to act) of such individual Owners, Lessees or their invitees to the Common Properties (not ordinary wear and tear), (11) for reimbursement of costs incurred by the Association for the maintenance or repair to the Owner's Lot or improvements thereon in accordance with Section 3.27 and Section 3.29 hereof.
Uniform Maintenance and Special Capital Assessments. Maintenance Assessments and Capital Assessments must be fixed at a uniform amount for all Lots.
76 Date of Commencement of Assessments; Due Date. The Board may, from time to time, establish the date that particular Assessments provided for herein shall be payable and may provide for payment of Assessments in monthly, quarterly, semi-annual or annual installments.
7.7 Effect of Non-Payment of Assessments: The Personal Obligation of the Owner; the Lien; Remedies of Association.
(a) If any Assessment or any part thereof is not paid on the date(s) when due, then the unpaid amount of such Assessment shall become delinquent and shall, together with such interest
of Association.
(a) If any Assessment or any part thereof is not paid on the date(s) when due, then the unpaid amount of such Assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the First Amended and Restated Declaration of Covenants, Conditions and Restrictions Naddison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 18 lot of the non-paying Owner which shall bind such Lot, and shall be a personal obligation of the Owner of such Lot and his heirs, executors, devisees and personal representatives. The Association shall have the right to reject partial payments of an Assessment and demand the full payment thereof. The lien for unpaid Assessments shall be unaffected by any sale or assignment of a Lot and shall continue in full force and effect. By accepting a deed or other conveyance to a Lot or Lots, every person or entity hereafter acquiring any interest in such Lot or Lots shall be deemed to have covenanted and agreed to pay the Assessments provided for herein in the same manner as if the covenant and agreement to pay was expressly set forth in such deed or other conveyance, without regard to whether such covenant and agreement shall actually be so expressed in any such deed or other conveyance. No Owner may waive or otherwise escape personal liability for the Assessments provided herein by non-use of the Common Properties or abandonment of his Lot.
(b) The Association may give written notification to the holder(s) of the mortgage op the Lot of the non-paying Owner of such Owner's failure to pay any Assessment when such payment has not been received within ten (10) days after the date such Assessment was due.
s) of the mortgage op the Lot of the non-paying Owner of such Owner's failure to pay any Assessment when such payment has not been received within ten (10) days after the date such Assessment was due.
(c) If any Assessment or part thereof is not paid when due, the unpaid amount of such assessment shall bear interest from the due date at a rate equal to the lesser of (1) eighteen percent (18%) per annum or (ii) the highest non-usurious rate of interest permitted by Applicable Law, and the Association may, at its election, bring an action at law against the Owner personally obligated to pay the same in order to enforce payment and/or to foreclose the lien against the property subject thereto, and there shall be added to the amount of such unpaid Assessment any and all costs of collection incurred by the Association, including reasonable attorneys' fees.
Unofficial (d) Without limiting the other remedies available to the Association hereunder, for the purpose of further securing the payment and performance of each Owner's obligations hereunder, by accepting title to a Lot, the Owner thereof shall be deemed to have granted to the Association a contract lien covering such Lot, together with the right to appoint and remove a trustee and any number of substitute trustees and to cause the trustee or substitute trustee to foreclose the Association's lien against such Lot pursuant to a non-judicial foreclosure under a private power of sale conducted in accordance with the provisions of Section 51.002 of the Texas Property Code.
In addition to the other remedies available to the Association under this Section 7.7, the Association shall have the authority to exercise all of the remedies contemplated by
the Texas Property Code.
In addition to the other remedies available to the Association under this Section 7.7, the Association shall have the authority to exercise all of the remedies contemplated by Section 4.3(a) and Section 9.3 herein against Owners that fail to pay Assessments in a timely manner.
Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate and inferior to the lien of any bona fide first lien mortgage or deed of trust now or hereafter placed upon the Lots subject to Assessment; provided, however, that such subordination shall apply only to the Assessments which have become due and payable prior to a foreclosure of such lien pursuant to the terms and conditions of any such mortgage or deed of trust. Such sale shall not relieve such Lots or the purchaser thereof from liability for the amount of any Assessments thereafter becoming due nor from the lien of any such subsequent Assessment. Upon request by an Owner, the Board, shall consider and may in its sole discretion, approve or disapprove the subordination of the lien of this Declaration to liens other than first lien mortgages or deeds of trust.
7.9 Exempt Property. The following property subject to this Declaration shall be exempted from the Assessments, charges and liens created herein: (i) All properties dedicated and accepted by the local public authority and devoted to public use.
First Amended and Restated Declaration of Covenants, Conditions and Restrictions Naddison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 19 8.1 (ii) All Common Properties.
ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE Architectural Control Committee. The architectural control committee (the
DCCR's Amended and Restated DCCRs.s.docx Page 19 8.1 (ii) All Common Properties.
ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE Architectural Control Committee. The architectural control committee (the "Architectural Control Committee"), shall be composed of not less than three (3) members selected and appointed by the Board. The Architectural Control Committee shall function as the representative of the Board. The Architectural Control Committee shall exist and act for the purposes herein set forth as well as for all other purposes consistent with the creation and preservation of a first-class residential development Any one or more of the members of the Architectural Control Committee may be removed from the Architectural Control Committee, with or without cause, by the Board.
No member of the Architectural Control Committee shall be entitled to any compensation for services performed hereunder nor be liable for claims, causes, causes of action or damages (except where occasioned by gross negligence or willful misconduct) arising out of services performed pursuant to this Declaration.
8.2 Architectural Approval.
(a) Unofficial Architectural Control Guidelines. The Architectural Control Committee shall, from time to time, publish and promulgate Architectural Control Guidelines, subject to the Board's written approval, which shall supplement these Covenants and Restrictions and are incorporated herein by reference (the "Architectural Control Guidelines). The current Architectural Control Guidelines are attached as Exhibit "D" hereto. The Architectural Control Committee shall have the right from time to time to (i) amend the Architectural Control Guidelines, subject to the Board's written approval, provided such
Exhibit "D" hereto. The Architectural Control Committee shall have the right from time to time to (i) amend the Architectural Control Guidelines, subject to the Board's written approval, provided such guidelines, as amended shall be in keeping with the overall quality, general architectural style and design of the Community and (ii) replace and record the Exhib "D" with the amended Exhibit "D" which shall supercede and replace in its entirety the prior Exhibit and shall be effective as of the date of recordation.
The Architectural Control Committee shall have the authority to make recommendations to the Board in interpreting the general intent, effect and purpose of those matters for which it is responsible in accordance with these Covenants and Restrictions, with the final decision to be made by the Board in their sole discretion. The Architectural Control Committee shall endeavor to promulgate the Architectural Control Guidelines in such a manner that only materials complying with all Applicable Laws and regulations are specified therein, but each Owner of a Lot (and not the Architectural Control Committee or the Board) is responsible for complying with such laws and regulations on his respective Lot. If the Architectural Control Committee should be advised that materials specified by the Architectural Control Guidelines do not comply with Applicable Laws, the Architectural Control Committee shall use reasonable efforts to inquire into the nature of the non-compliance and to make appropriate revisions of the Architectural Control Guidelines, subject to the approval of the Board.
Required Approval. No building, structure, paving, pools, fencing, hot tubs or improvement of any nature shall be erected, placed or altered on any Lot until the site plan showing the
al of the Board.
Required Approval. No building, structure, paving, pools, fencing, hot tubs or improvement of any nature shall be erected, placed or altered on any Lot until the site plan showing the location of such building, structure, driveway, paving or improvement, construction plans and specifications thereof and landscaping plans and grading plans therefor have been submitted with the Architectural/Landscape Approval Form and approved in writing by the Architectural Control Committee (and the Board, if required) as to: (i) location with respect to Lot lines, setback lines and finished grades with respect to existing topography, (ii) conformity and harmony of external design, color, and texture with existing structures and existing landscaping, (iii) quality of materials; adequacy of site dimensions; proper facing of main elevation with respect to nearby streets; and (iv) the other standards set forth within this First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 20 Declaration or the Architectural Control Guidelines. The Architectural Control Committee is authorized to request the submission of samples of proposed construction materials and colors of proposed exterior surfaces.
(c) Procedure. Final plans and specifications shall be submitted with the Architectural/Landscape Approval Form. One (1) set to be submitted to the Management Company and one (1) set to the Architectural Control Committee by the Owner for approval or disapproval by the Architectural Control Committee (and the Board, if required). If such plans and specifications meet the approval of the Architectural Control Committee and the Board (unless Board approval is not required
itectural Control Committee (and the Board, if required). If such plans and specifications meet the approval of the Architectural Control Committee and the Board (unless Board approval is not required pursuant to the Architectural Control Guidelines), one complete set of plans and specifications will be retained by the Architectural Control Committee and the other complete set of plans will be marked "Approved" and returned to the Owner. If such plans and specifications do not meet the approval of the Architectural Control Committee (and the Board, if required), one set of such plans and specifications shall be returned marked "Disapproved", accompanied by a reasonable statement of the reasons for such disapproval. Any modification or change to the approved set of plans and specifications on to construction or reconstruction pursuant thereto which materially affects items (i) through (iv) of the preceding paragraph must again be submitted to the Architectural Control Committee, for its review and approval. The Architectural Control Committee's (and the Board, if required) approval or disapprovals required herein shall be in writing. If the Architectural Control Committee (and the Board, if required) fails to approve or disapprove such plans and specifications within twenty (20) days after they have been submitted in writing and received, the plans and specifications shall be deemed disapproved (d) Committee Discretion. The Architectural Control Committee is authorized and empowered to consider and review any and all aspects of dwelling construction, construction of other improvements and location, quality and quality of landscaping on the Lots, and may advise the Board to
owered to consider and review any and all aspects of dwelling construction, construction of other improvements and location, quality and quality of landscaping on the Lots, and may advise the Board to disapprove aspects thereof which may, in the discretion of the Architectural Control Committee and the Board, adversely affect the living enjoyment of one or more Owner(s) or the value of the Properties. As an example, and not by way of limitation, the Architectural Control Committee may impose limits upon the location of window areas of one dwelling which would overlook the enclosed patio area of an adjacent dwelling. Also, the Architectural Control Committee is permitted to consider technological advance in design and materials and such comparable or alternative techniques, methods or materials may or may not be permitted, in accordance with the reasonable opinion of the Architectural Control Committee.
The action of the Architectural Control Committee and the Board with respect to any matter submitted to them shall be final and binding upon the Owner submitting such matter, subject to the provisions of Section 9.8 hereof.
8.3 Variances. Upon submission of a written request for same, the Architectural Control Committee may, from time to time, in its sole discretion, subject to the Board's approval, permit Owners to construct, erect, or install improvements which are in variance from the Architectural Control Guidelines.
In any such case, variances shall be in basic conformity with and shall blend effectively with the overall quality, general architectural style and design of the Community. No member of the Architectural Control Committee or the Board shall be liable to any Owner for any claims, cause of action or damages arising out
neral architectural style and design of the Community. No member of the Architectural Control Committee or the Board shall be liable to any Owner for any claims, cause of action or damages arising out of the grant of, or the refusal to grant, any variance to an Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests and the granting of a variance to any Owner shall not constitute a waiver of the Architectural Control Committee's and the Board's right to strictly enforce this Declaration against any other Owner.
8.4 Nonconforming and Unapproved Improvements. The Board may require any Owner to restore such Owner's improvements to the condition existing prior to the commencement of the construction thereof (including, without limitation, the demolition and removal of any unapproved improvement) if such improvements were commenced or constructed in violation of this Declaration, First Amended and Restated Declaration of Covenants, Conditions and Restrictions Naddison b7194.01 DCCR's Amended and Restated DCCRs.5.docx Page 21 including the Architectural Control Guidelines. In addition, the Board may, in its sole discretion, cause the Association to carry out such restoration, demolition and removal if the Owner fails to do so, at the Owner's cost. The Board may levy the amount of the cost of such restoration, demolition and removal as a Special Assessment against the Lot upon which such improvements were commenced or constructed and shall have all of the rights and remedies to enforce collection thereof provided by law and by this Declaration.
Dwellings or other improvements (except landscaping) initially constructed in accordance with these
ll of the rights and remedies to enforce collection thereof provided by law and by this Declaration.
Dwellings or other improvements (except landscaping) initially constructed in accordance with these Covenants and Restrictions and having received any necessary approval of the Architectural Control Committee in connection with their initial construction, may be repaired, maintained and restored in accordance with the standards in force at the time of their initial construction, notwithstanding any subsequent amendment or revision of these Covenants and Restrictions or of the Architectural Control Guidelines. If such dwellings or other improvements are totally destroyed or totally replaced, the new dwellings or other new improvements must conform to the Covenants and Restrictions and the Architectural Control Guidelines in force at the time of their construction.
ial 8.5 Foundation Form Survey. After setting forms for the pouring of concrete for any foundation on a Lot, but before pouring any concrete for such foundation or otherwise proceeding with construction of such foundation, each Owner shall cause a foundation form survey to be prepared by a licensed surveyor and submitted to the Architectural Control Committee for approval. The foundation form survey shall depict the location of the foundation form in relation to all Lot lines setback lines and easement lines affecting such Lot. If the foundation form survey reflects the violation of any Lot line or setback line or any violation of this Declaration, the Owner shall cause the violation to be cured before performing any further work on the Lot. No Owner shall proceed further with construction until the foundation form survey
on of this Declaration, the Owner shall cause the violation to be cured before performing any further work on the Lot. No Owner shall proceed further with construction until the foundation form survey has been approved by the Architectural Control Commitee and the Board. If an Owner fails to obtain a foundation form survey before constructing improvements on a Lot, the improvements shall be deemed unapproved improvements and the provisions of Section 8.4 hereof shall apply to such improvements.
Without limiting any other rights or remedies available under this Declaration with respect to such Owner and Lot, the Board shall have the right to cause an appropriate survey (the "Substitute Survey") of the Lot and the improvements thereon to be made and shall have the right to recover from the Owner of such Lot its expenses incurred in obtaining the Substitute Survey. If the Substitute Survey reflects violations of any Lot line or setback line or any violation of this Declaration, the Board shall have all of the rights provided in Section 8.4 hereof to cause the violation to be corrected, including the right to require the demolition and removal of the unapproved improvements If an Owner fails to comply with the provisions of this Section 8.5, any failure on the part of the Board to promptly obtain a Substitute Survey or to promptly require the demolition or removal of the unimproved improvements shall not result in a waiver or diminution of the fights of the Board hereunder or give rise to any claim or defense in favor of the Owner of the unimproved improvements.
THE 8.6 NO LIABILITY. NEITHER DECLARANT, THE ASSOCIATION, ARCHITECTURAL CONTROL COMMITTEE, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS OF ANY OF THEM, SHALL BE LIABLE IN DAMAGES TO
.6 NO LIABILITY. NEITHER DECLARANT, THE ASSOCIATION, ARCHITECTURAL CONTROL COMMITTEE, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS OF ANY OF THEM, SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT HE WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ARCHITECTURAL CONTROL COMMITTEE, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS OF ANY OF THEM, TO RECOVER ANY SUCH DAMAGES AND HEREBY RELEASES, REMISES, AND QUITCLAIMS ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY ACTUAL OR ALLEGED MISTAKE OF JUDGMENT, NEGLIGENCE OR NONFEASANCE AND HEREBY WAIVES THE First Amended and Restated Declaration of Covenants, Conditions and Restrictions Naddison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 22 PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS, DEMANDS AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. APPROVAL OF PLANS AND SPECIFICATIONS BY THE ARCHITECTURAL CONTROL COMMITTEE AND THE BOARD IS NOT APPROVAL THEREOF FOR ENGINEERING, STRUCTURAL DESIGN, ADEQUACY OF MATERIALS OR COMPLIANCE WITH ALL APPLICABLE BUILDING CODES AND REGULATIONS. BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ARCHITECTURAL CONTROL COMMITTEE, THE MEMBERS THEREOF, THE DECLARANT, THE ASSOCIATION NOR THE BOARD ASSUMES LIABILITY OR RESPONSIBILITY FOR SAFETY OR ADEQUACY OF DESIGN, FOR ANY DEFECT TO ANY
ITHER THE ARCHITECTURAL CONTROL COMMITTEE, THE MEMBERS THEREOF, THE DECLARANT, THE ASSOCIATION NOR THE BOARD ASSUMES LIABILITY OR RESPONSIBILITY FOR SAFETY OR ADEQUACY OF DESIGN, FOR ANY DEFECT TO ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS.
9.1 ARTICLE IX GENERAL PROVISIONS Duration. The Covenants and Restrictions of this Declaration shall run with and bind the Land, and shall inure to the benefit of and be enforceable by Declarant and each Owner and each of their respective legal representatives, heirs, successors and assigns. This Declaration shall be effective for an initial term of thirty-five (35) years from the date that this Declaration is recorded in the Real Property Records of Dallas and Collin Counties, Texas, after which time said Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless, at least one (1) year prior to the expiration of the then current term, an instrument terminating this Declaration is signed by Owners of at least ninety (90) percent of the Lots, and is recorded in the Real Property Records of Dallas and Collin Counties, Texas.
nofficial 9.2 Amendments. Notwithstanding Section 9.1 of this Article, this Declaration may be amended and/or changed upon the express written consent of at least sixty seven percent (67%) of the total votes allocated to the Members of the Association Any and all amendments of this Declaration shall be recorded in the Official Public Records of Dallas and Collin Counties, Texas and shall be made available on the Association's website.
9.3 Enforcement. These Covenants and Restrictions may be enforced against any person or persons violating or attempting to violate them, by any proceeding at law or in equity, including, without
site.
9.3 Enforcement. These Covenants and Restrictions may be enforced against any person or persons violating or attempting to violate them, by any proceeding at law or in equity, including, without limitation, through actions to enjoin violations, to recover fines or damages, or to enforce any lien created by these covenants. In addition to the foregoing, and not in lieu thereof, the Board, is specifically authorized and empowered to promulgate (and amend from time to time) a comprehensive enforcement policy (the "Enforcement Policy (Exhibit C-2 with respect to violations of this Declaration and any rules made hereunder. Such policy or system shall comply with Section 209.006 and Section 209.007 of the Texas Property Code (cluding any successor statute) and may include, without limitation, component steps such as written warnings, notices of violation, due process hearings and appeals, and the imposition of a discretionary range of monetary fines for violations of this Declaration and any rules made hereunder.
Violation fines levied pursuant to any such policy shall constitute Special Assessments, secured by the continuing lien created in Article VII hereof. The Association will be entitled to its reasonable and necessary attorneys' fees incurred in enforcing this Declaration and collecting the violation fines. The failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
9.4 Severability. If any provision of this Declaration is determined by judgment or court order to be invalid, or illegal or unenforceable, the remaining provisions of this Declaration shall remain in full
everability. If any provision of this Declaration is determined by judgment or court order to be invalid, or illegal or unenforceable, the remaining provisions of this Declaration shall remain in full force and effect in the same manner as if such invalid, illegal or unenforceable provision had been deleted from this Declaration by an amendment effective as of the date of such determination.
First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 23 9.5 Headings. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration.
9.6 Notices. Any notice required to be given to the Association, or to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly delivered when deposited in the United States mail, postage prepaid, addressed to the last known address of such person as shown by the records of the Association at the time of such mailing.
9.7 Notices to Mortgagees. Upon written request delivered to the Association by a mortgagee of a Lot, the Association shall send to the requesting mortgagee written notification of any default hereunder affecting the mortgagor or the Lot covered by the mortgage of the requesting mortgagee. Any such request shall be in sufficient detail to enable the Association to determine the affected Lot and Owner and shall set forth the mailing address of the requesting mortgagee.
9.8 Disputes. Matters of dispute or disagreement between Owners with respect to interpretation or application of the provisions of this Declaration or the Association Bylaws or the
questing mortgagee.
9.8 Disputes. Matters of dispute or disagreement between Owners with respect to interpretation or application of the provisions of this Declaration or the Association Bylaws or the Architectural Control Guidelines, shall be determined by the Board in its sole discretion. The determination of the Board shall be final and binding upon all Owners and non-appealable, Unofficial 9.9 Club Restrictions. The Land, or portions thereof, is subject to the terms of that certain Agreement for Easements, Covenants and Restrictions (the Club Restrictions"), dated June 13, 1994 by and between Preston Trail Golf Club, a Texas non-profit corporation and Declarant, recorded as Instrument Number 94-0057851 of the Real Property Records of Collin County, Texas and in Volume 94116, Page 00237 of the Real Property Records of Danas County, Texas. The Club Restrictions impose certain restrictions upon certain portions of the Land and the Lots in addition to the provisions of this Declaration.
By accepting a conveyance of a portion of the Land, each Owner hereby covenants and agrees, with respect to the portion of the Land conveyed to such Owner, to observe, pay and perform the obligations and burdens imposed upon the Land or upon Preston Yran Land Company, Inc. or upon Declarant under the Club Restrictions and agrees that if such Owner fails to observe, pay and perform such obligations, then the Association and Preston Trail Land Company, Inc., acting in its corporate capacity or in its capacity as Declarant may each, at its option, cure such failure on behalf of such Owner, and may recover the cost of curing such failure from such Owner by any lawful means, together with interest thereon from the date such
y each, at its option, cure such failure on behalf of such Owner, and may recover the cost of curing such failure from such Owner by any lawful means, together with interest thereon from the date such costs were incurred until paid at a rate of interest equal to the lesser of (i) eighteen percent (18%) per annum or (ii) the highest non-usurious rate of interest permitted by Applicable Law. Upon a failure of such Owner to timely pay such costs, the costs and accrued interest thereon may be treated as an unpaid Special Assessment under Section 7.1 hereof, and the Association and Preston Trail Land Company, Inc., acting in its corporate capacity or in its capacity as Declarant shall each have the same rights to enforce such Owner's obligation as is provided in Section 7.7 hereof. A copy of the Club Restrictions shall be available upon written request from the Association.
[Signatures on Following Page] First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: addison'b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 24 Approved by Prior President: Randolph D. Addison Unofficial CERTIFICATION As President of Cambridge Place at Preston Trail Homeowners Association, Inc., I have read the foregoing First Amendment to the Declaration of Covenants, Conditions and Restrictions for Cambridge Place at Preston Trial, Dallas, Texas, do certify that it is true and correct, that it was approved upon the express written consent of Owners holding at least sixty-seven percent (67%) of the outstanding votes of each membership class of the Association, and do hereby approve same for recording in the Deed Records of Dallas County, Texas and the Land Records of Collin County, Texas.
Patioia Brown Patricia Brown, President STATE OF TEXAS COUNTY OF DALLAS
d do hereby approve same for recording in the Deed Records of Dallas County, Texas and the Land Records of Collin County, Texas.
Patioia Brown Patricia Brown, President STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned Notary Public, on this day personally appeared Patricia Brown, President of Cambridge Place at Preston Trail Homeowners Association, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes therein expressed and in the capacity therein stated.
Given under my hand and affirmed seal of office, this 17th day of March, 2017.
Stephanie S. Talbert} Notary Public, State of Texas Commission #7388755 Expires: 01/17/2019 { Stupa ham A Sallut Notary Public in and for the State of Texas First Amended and Restated Declaration of Covenants, Conditions and Restrictions N: \addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx Page 25 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the March 17 2017.
DECLARANT CAMBRIDGE PLACE AT PRESTON TRAIL HOMEOWNERS ASSOCIATION, a Texas nonprofit corporation By: By: Patricia Patricia Brown, President Mary C.
Mary Chaffin Secretary STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned Notary Public, on this day personally appeared Mary Chaffin, Secretary of Cambridge Place at Preston Trail Homeowners Association, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes therein expressed and in the capacity therein stated.
th Given under my hand and affirmed seal of office, this 17" 1 day of March, 2017.
Stephanie S. Talbert} Notary Public, State of Texas Commission # 7380755 Expires: 01/17/2019
capacity therein stated.
th Given under my hand and affirmed seal of office, this 17" 1 day of March, 2017.
Stephanie S. Talbert} Notary Public, State of Texas Commission # 7380755 Expires: 01/17/2019 Unofficia N: \addison b7194.01 DCCR's Amended and Restated DCCRs.s.docx First Amended and Restated Declaration of Covenants, Conditions and Restrictions Page 26