Page 1 of 72 Fee: $300.00 D219132221 6/19/2019 12:24 PM PGS 72 Submitter: SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records Mary Louise Nicholson NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
After recording, return to: Essex Association Management, L.P.
1512 Crescent Drive, Suite 112 Carrollton, Texas 75006 STATE OF TEXAS COUNTY OF TARRANT § ces § KNOW ALL PERSONS BY THESE PRESENTS: § By apy DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARMEL PLACE ESTATES EAST HOMEOWNERS ASSOCIATION, INC.
This Declaration (herein so called) is executed effective as of May 01, 2019, by CADG Carmel Place, LLC, a Texas limited liability company (the "Declarant").
RECITALS: B.
A.
The Declarant is the owner of the real property in Tarrant County, Texas, described on Exhibit A attached hereto (the "Property". The Declarant has or is developing the Property as an addition the City of Colleyville and Tarrant County to be known as Carmel Place Estates East (the "Subdivision").
The Declarant desires to establish a residential community of single family residential detached homes on the Property and, accordingly, has executed this Declaration to impose the covenants, conditions, restrictions, and easements herein described upon the Property.
Ino Section 1.1 ARTICLE 1 ESTABLISHMENT Establishment of Covenants, Conditions and Restrictions. The Declarant hereby imposes upon the Property the covenants, conditions, restrictions, liens and easements set
ion 1.1 ARTICLE 1 ESTABLISHMENT Establishment of Covenants, Conditions and Restrictions. The Declarant hereby imposes upon the Property the covenants, conditions, restrictions, liens and easements set forth in this Declaration (the "Covenants") for the purposes of establishing a general scheme for development of the Property, enhancing the value of the Lots and Residences (defined below), and establishing restrictions for residential use for the benefit of the Declarant, Builders (defined below) and the Owners (defined below). The Declarant does not guarantee that all of these purposes will be accomplished through the creation and imposition of the Covenants. The Covenants touch and concern title to the Property, run with the land and shall be binding upon all persons hereafter acquiring any portion of the Property.
NACARMEL PLACE ESTATES EASTICCRS\CCR'S -DRAFT V2 05.28.19.DOC Page 2 of 72 Section 1.2 Definitions. The terms set forth below shall have the indicated meanings when used in this Declaration; other terms are defined elsewhere herein and shall have the meaning given to them in this Declaration.
"ACC" shall mean Architectural Control Committee. During the period of Declarant control, the Declarant shall have the sole right to appoint and remove members of the ACC who need not be members.
"Assessments" means the Maintenance Assessments and Special Assessments provided for in Article 6.
“Association” means the Carmel Place Estates East Homeowners Association, Inc., a Texas non-profit corporation, or such other homeowners' association name selected and available at the time of formation and established as provided in this Declaration.
“Association Documents" means the Certificate of Formation (herem so called) and the
' association name selected and available at the time of formation and established as provided in this Declaration.
“Association Documents" means the Certificate of Formation (herem so called) and the Bylaws (herein so called) of the Association, as amended and modified from time to time, and the resolutions and certifications adopted by the Association from time to time. The Declarant and Board of Directors shall have the sole right and discretion to create, amend, and abolish rules and regulations of the Association which shall be accomplished by Resolution and / or majority vote of the Board of Directors or by Declarant acting as the sole authority during the period of Declarant control.
e "Board" means the Board of Directors Association. During the period of Declarant control, the Declarant shall have the sole right to appoint and remove, with or without cause, the Board of Directors. Declarant shall have the right but, not the obligation, to limit the Board's authority or responsibility during the period of Declarant control. Should the Declarant exercise this right, it shall prepare by Resolution the guidelines by which the Board shall operate during the period of Declarant control.
"Builder" means any homebuilder constructing the initial Residence upon a Lot in the normal course of conducting its business for profit.
"City" means th City of Colleyville, Texas.
Common Amenities" means the following: (i) any community amenity center or facility constructed on the Property for the use and benefit of the Owners; (ii) any and all entry features (including, without limitation, entry gates and controlled access improvements), Subdivision signage and monuments, landscape areas and screening walls, and all landscape
i) any and all entry features (including, without limitation, entry gates and controlled access improvements), Subdivision signage and monuments, landscape areas and screening walls, and all landscape easements, other similar areas within the Subdivision whether or not shown on the Plat (as hereinafter defined), whether within or surrounding or along the boundaries of the Property, including, without limitation, the landscape features installed and screening walls constructed in the entry areas; (iii) any other property or improvements within or immediately surrounding the Subdivision for which the Association is or may hereafter become obligated to maintain, improve or preserve; (iv) any real and/or personal property, fixtures or improvements conveyed or dedicated to the Association for the common use and benefit of Owners within the -2Page 3 of 72 Subdivision, and/or to be maintained by the Association; and (v) any and all other fixtures, Structures or other improvements installed by Declarant or the Association within the Subdivision, and all equipment, accessories, utilities and machinery used in the operation or maintenance of any such Common Amenities, and which are not expressly made the responsibility of the Lot Owner pursuant to the provisions of this Declaration. From the time of installation forward, all Common Area grounds, Entry Ways, Common Elements and Amenities of any kind or type shall be maintained by the Association. The Association's maintenance responsibilities is not contingent upon the Declarant transferring the grounds, areas, or amenities to the Association which may be done by the Declarant at its sole discretion at any time up to and including the transition from Declarant to Homeowner Control or up to one hundred twenty
or amenities to the Association which may be done by the Declarant at its sole discretion at any time up to and including the transition from Declarant to Homeowner Control or up to one hundred twenty (120) days thereafter. Transfer of Common Area grounds, Entry Ways, Common Elements and Amenities of any kind or type is an administrative task and does not require the permission or vote of the Board of Directors or Members. The Declarant is not obligated to build or provide Common Amenities however; such Amenities may and often are provided for the benefit of the Association. The payment of Assessments is NOT contingent upon the building of or existence of Common Amenities at any time.
"Common Area" means those portions of the Property depicted or described as such in or on the Plat (defined below) that do not constitute Lots (defined below), including, without limitation, Streets (defined below), roads or other rights-of-way which are not part of a Lot and/or dedicated to and maintained by the City or other governmental authority as a public rightof-way, and/or any real property and/or lot within the Subdivision comprising or on which the Common Amenities are located. The Declarant shall at all times have and retain the right, but without obligation whatsoever, to effect minor redesigns or reconfigurations of the Common Area located on such Declarant's portion of the Property and to execute any open space declarations applicable to such Common Area which may be permitted in order to reduce property taxes, and to take whatever steps as may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes. All Common Area shall be maintained by the Association as more particularly described above.
propriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes. All Common Area shall be maintained by the Association as more particularly described above.
"Community-Wide Standard” shall mean the standard of conduct, maintenance and appearance, including landscaping, generally prevailing throughout the Property or the minimum standards established pursuant to the Design Guidelines, Rules and Board resolutions, whichever is the highest standard. Declarant initially shall establish such standard. The Association, through its Board and ACC, shall ensure that the Community-Wide Standard established by the Declaration for the Property shall continue after the termination or expiration of the Class B membership. The Community-Wide Standard may contain objective elements, such as specific common area of elements, lawn or house maintenance requirements, and subjective elements, such as matters subject to the Board's or ACC's discretion. The Community-Wide Standard may or may not be in writing and is subject to notice and violation in the event any Owner fails to uphold the Community-Wide Standard after notice of such standard has been delivered to Owner by way of courtesy or first notice sent via regular U.S. mail. The Community-Wide Standard may evolve as development progresses and as the Property changes.
The Community-Wide Standard shall not fall below the level established for the Property as of the date the Class B membership terminates or expires.
-3Page 4 of 72 "Declarant" means CADG Carmel Place, LLC, and its successors or any assignee of Declarant to whom Declarant expressly assigns all of its rights and obligations as Declarant under this Declaration in accordance with Section 8.8 hereof.
e, LLC, and its successors or any assignee of Declarant to whom Declarant expressly assigns all of its rights and obligations as Declarant under this Declaration in accordance with Section 8.8 hereof.
“Design Guidelines" shall mean and refer to those particular standards, restrictions, guidelines, recommendations and specifications set forth on Exhibit B attached hereto and incorporated herein by reference, as may be supplemented, amended and/or modified from time to time, and which are applicable to any or all aspects of construction, placement, location, alteration, maintenance and design of any improvements within the Property, together with any interpretations thereof. The Design Guidelines are an important part of the Declaration and often contain the larger portion of the rules and regulations with regard to construction and other requirements such as fencing, landscape, roofing, exterior materials, and more. Every Builder and Owner should familiarize themselves with the Design Guidelines.
“Lot” means any of the individual platted building lots reflected, or to be reflected, on the Plat that are to be used for construction of a Residence (defined below) thereon as herein described. In the event any Common Area is conveyed to the Declarant or another third party to be used for construction of a Residence, then such conveyed property shall be included in the definition of a "Lot".
“Managing Agent" means any Person who has been engaged and designated by the Board to manage the daily affairs and operations of the Association. The Declarant shall have the sole right to determine the Managing Agent during the period of Declarant control. Any contract initiated by the Declarant during the period of Declarant control may have
The Declarant shall have the sole right to determine the Managing Agent during the period of Declarant control. Any contract initiated by the Declarant during the period of Declarant control may have different or stricter terms and termination guidelines than other contracts. The Board of Directors shall not have the authority to termmate a contract initiated by the Declarant during the period of Declarant control except and unless willful misconduct or gross negligence is proven.
"Owner" means any Person owning fee title to any Lot, but excluding any mortgagee or beneficiary under a deed of trust until such time as it acquires legal title to a Lot.
"Person" means any individual, corporation, limited liability company, partnership or other entity of any kind or type whatsoever.
Phase means a particular area of the Property designated by the Declarant for development. The Declarant may impose, as provided in Section 3.3(d), additional or different restrictions on each Phase within such Declarant's portion of the Property. If the Declarant annexes additional property into the Property as provided in Sections 8.1 and/or 8.2, it may designate the area annexed as a particular Phase, and the Declarant may impose, as provided in Section 3.3(d), additional or different restrictions on such area.
"Plat” means (i) initially, the preliminary plat, and thereafter the final plat, for any Phase of the Property submitted to and approved by the City, or any other applicable governmental entity; (ii) after recordation thereof, the final Plat for any Phase of the Property as recorded in the Records of Tarrant County, Texas; and, (iii) any replat of, or amendment to, the foregoing made -4Page 5 of 72
er recordation thereof, the final Plat for any Phase of the Property as recorded in the Records of Tarrant County, Texas; and, (iii) any replat of, or amendment to, the foregoing made -4Page 5 of 72 by the Declarant in accordance with applicable requirements of the City or other applicable governmental authority. The term "Plat" shall also include the final recorded plat of any additional property annexed into the Property pursuant to Sections 8.1 and/or 8.2. No Owner may replat his Lot or combine Lots without the express written permission of the Declarant during the period of Declarant control and thereafter, the Architectural Control Committee (the "ACC"), or The Board of Directors.
“Property” shall have the meaning ascribed to such terms as set forth in the recitals of this Declaration.
"Residence” means an attached residence residing upon a Lot in conformance with this Declaration.
Ada “Special Assessments" means collectively, the Special Purpose Assessments and Special Member Assessments, as such terms are defined in Article 6 hereof "Street" means any paved road, which is located (within Subdivision.
right-of-way of the "Structure” means any structure (other than a Residence), fence, driveway, sidewalk, planting, landscaping, irrigation system, wall, tennis court, swimming pool, outbuilding, playground equipment, or other improvement of any kind or type constructed, installed, or otherwise brought onto a Lot. The Association will enforce to the fullest extent of the law, any setback, building line, or other restriction or limitation listed on a Lot's survey, the recorded plat, or as may be set forth in a zoning ordinance if the requirements of the ordinance are stricter than those of the Lot's survey, the plat, or the restrictions set forth in this Declaration.
corded plat, or as may be set forth in a zoning ordinance if the requirements of the ordinance are stricter than those of the Lot's survey, the plat, or the restrictions set forth in this Declaration.
nožnicial Col "Subdivision” shall have the meaning ascribed to such terms as set forth in the recitals of this Declaration.
"Vehicle" means any vehicle of any kind or type whatsoever, including any automobile, truck, motorcycle, boat, mobile home, motor home, boat trailer, or other kind of trailer.
Permitted Uses.
ARTICLE 2 USE PROVISIONS Lots Limited to Residential Use. Except as otherwise provided in this Declaration, Lots shall be used only for private residential purposes and activities reasonably related thereto. Additional uses for purposes such as schools, churches, or similar activities may not be permitted within the Property, without the prior written approval from the Association and the Declarant.
-5Page 6 of 72 (a-1) Leasing. A CAP on all residences located within the Subdivision is herein enacted and all Owners. Not more than one (1) home within the subdivision may be rented or leased pursuant to the following: An Owner who rents or leases their residence are required to obtain the prior written consent of the Board or the ACC prior to executing a written lease agreement, signed by the tenant. A copy of said lease including the names of all occupants and contact information for the primary tenants must be provided to the Association prior to the tenant's possession of the residence. During the Declarant Control Period this section shall not be enforceable without the express written consent of the Declarant.
The lease shall contain, at a minimum, the following: a. Term of Lease. Initial term of the lease shall not be less
ction shall not be enforceable without the express written consent of the Declarant.
The lease shall contain, at a minimum, the following: a. Term of Lease. Initial term of the lease shall not be less and breakfast, short-term rentals or VRBO's are allowed.
QRY b. Entire Residence. The property leased includes the entire residence. An Owner may rent or least out a room within their home notwithstanding, the Owner must abide in the home and remain the primary resident.
c. Single Family. Lease is restricted to single family Owner shall provide to the Association or its Managing Agent the names and contact information for tenants.
d. Abide by Rules. The Owner must make available to the tenant copies of the CCR's, Rules and Regulations and all amendments thereto. Tenant must agree to abide by all Association rules and must acknowledge that failure to do so may constitute a default under the lease terms) 1①:) and agreement. Owner must obtain a signed acknowledgment from the tenant to be provided by the Association that this section of the CCR's has been explained in detail. The Tenant shall not be allowed access to any secured areas of the Association's website or other official social media platforms. Own shall not allow tenant to use their secure log in information to access any secured platform established for homeowner use only or owned and/or operated by the Association or its Managing Agent.
e. Assignment. No assignment or sub leasing is allowed without the express written consent of the Board of Directors.
f. Insurance Tenant must carry renter's insurance.
g. Maintenance Violation. Owner shall be responsible at all times for his tenant and the maintenance and upkeep of the home and lot. Should the tenant violate a rule
ant must carry renter's insurance.
g. Maintenance Violation. Owner shall be responsible at all times for his tenant and the maintenance and upkeep of the home and lot. Should the tenant violate a rule and a violation notice is sent, the Owner shall be responsible for ensuring the tenant complies with the Rules and the violation noted is immediately abated.
Should a fine for non-compliance result, the Owner shall be responsible for payment to the Association for all fines or any monetary expense the Association may incur for the enforcement and abatement of a violation.
h. In the event the Owner fails to take the necessary steps to address any inappropriate, unsafe, or unauthorized actions of the tenant, including, but not limited to, breach of any Association restriction, rule, or regulation, the Owner shall exercise its right as landlord. Should the Owner fail to exercise their rights as landlord, the Association may exercise said rights up to and including the eviction of the Tenant(s).
-6Page 7 of 72 (b) Common Area and Common Amenities Uses. The Common Area designated as the open space and/or to be maintained by the Association on the Plat and any Common Amenities shall be used only for recreational and other similar purposes as approved by the Declarant or the Association. Notwithstanding, Lot 6X of Block A shall be open space/common area to be owned and maintained by the Association and any type of development on this Lot is prohibited. The Common Area consisting of landscaping, maintenance, wall maintenance easements, or similar areas shall be used for such purposes or similar purposes as approved by the applicable Declarant or the Association. The Common Area consisting of sanitary sewer
all maintenance easements, or similar areas shall be used for such purposes or similar purposes as approved by the applicable Declarant or the Association. The Common Area consisting of sanitary sewer easements, drainage easements, utility easements or similar areas shall be used for such purposes or similar purposes as approved by the applicable Declarant or the Association. During the Declarant Control Period, Declarant alone may determine what activities, if any, may take place on Common Area and/or Common Amenities and thereafter, the Board of Directors shall have the sole authority to determine the use and activities by which any Common Area and/or Common Amenities may be constructed, improved upon, or used.
(c) Sales Offices and Similar Uses. The Declarant or any Builder may maintain on its Property one or more signs, sales offices, or trailers on Lots for the purpose of facilitating sales of Lots and/or Residences on the Property. The Declarant or the ACC, may by written designation grant to Builder(s) constructing Residences on Lots within the Property the right to conduct their sales and marketing programs for the Property from any permanent or temporary sales buildings or trailers, and conduct improvement work and activities on portions of the Property owned by them and do all things reasonably necessary or convenient as required to expeditiously commence, continue and complete such improvement work, including, but not limited to, the provision of temporary buildings (including, without limitation, trailers), temporary storage of construction materials and equipment and the installation of temporary signage of such types, in such sizes and at such locations on portions of the Property owned by
, trailers), temporary storage of construction materials and equipment and the installation of temporary signage of such types, in such sizes and at such locations on portions of the Property owned by them as they deem appropriate and in accordance with any applicable governmental requirements.
Section 2.2 Prohibited Uses and Activities.
(a) No Further Subdivision. No Lot may be further subdivided without the written consent of the Declarant or the ACC; provided, however, this restriction shall not be applicable to Common Area conveyed to the Declarant by the Association.
Lots may be combined for the purpose of constructing a single residence on more than one Lot only upon written approval of the Declarant or the ACC. Without regard to any such permitted subdivision or combination, the Lots involved shall continue to be treated as single individual Lots hereunder for all other purposes, including voting in the Association and assessing and collecting Assessments.
(b) Parking and Vehicle Restrictions. All Vehicles shall be parked, stored or placed in the garage or upon the driveway. On street parking is discouraged except for temporary parking of guests, invitees, vendors, delivery services, and service providers.
-7Page 8 of 72 The Declarant, ACC, and Board of Directors shall, in their sole discretion, have the authority to determine what constitutes a violation of Parking and Vehicle Restrictions as set forth in this Section. ABSOLUTELY NO SEMI-TRUCKS OR TRAILERS ARE ALLOWED WITHIN CARMEL PLACE ESTATES EAST unless for pick up or delivery and for a very short time.
Vehicles with advertisement shall be allowed ONLY in the garage or driveway and must be a vehicle that is regularly used for travel to and from work or connected directly with the Owners
y short time.
Vehicles with advertisement shall be allowed ONLY in the garage or driveway and must be a vehicle that is regularly used for travel to and from work or connected directly with the Owners business or employment. Oversized work or company vehicles or trucks such as, but not limited to, tow trucks, utility trucks with lifts, mini busses, and other similar Vehicles as well as Vehicles with a tonnage in excess of one ton will not be allowed at any time. Owners should make provisions for offsite parking of such vehicles. No inoperative or unlicensed Vehicles may be parked or stored anywhere in the community except in a closed garage. The Association shall reserve the right to enforce towing as it is applicable per local city or county law any vehicle which after proper tagging and/or notification by the Association refuses to comply with fequests per the guidelines as set forth in this Section of the Declaration. An Owner shall never block a driveway, mailbox, intersection or Common Area at any time. Every Owner shall endeavor to have guests, invitees, vendors, or service providers to park in front of their own home. Any vehicle towed shall be at the sole expense of the Owner. All work on Vehicles (other than routine maintenance) shall be performed only in an enclosed garage. The foregoing provisions shall not restrict the parking of trucks and other Vehicles as necessary in connection with construction of Residences or other permitted Structures on Lots. Any violation of the above restrictions shall subject the Owner of the Vehicle and/or the Owner of the property to an immediate fine for non-compliance of $200.00 per occurrence which shall be billed to the Owner's account or billed to the violating Owner of the Yehicle.
Vehicle and/or the Owner of the property to an immediate fine for non-compliance of $200.00 per occurrence which shall be billed to the Owner's account or billed to the violating Owner of the Yehicle.
(c) Specific Use Restrictions. No Lot or improvement shall be used for business, professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted on Property which is not related to single-family residential purposes. No noxious or offensive activity (as determined by the ACC) shall be undertaken on the Property, and nothing shall be done which is or may become a safety hazard, or an annoyance or nuisance to the neighborhood. Nothing in this subparagraph shall prohibit a Builder's temporary use of a Residence as a sales office until such Builder's last Residence on the Property is sold. Nothing in this subparagraph shall prohibit an Owner's use of a Residence for quiet, inoffensive activities such as tutoring or giving art or music lessons so long as such activities do not materially increase the number of cars parked on the street or interfere with adjoining homeowners' use and enjoyment of their Residences and yards.
(d) Ret and Animal Restrictions. Only regular household pets such as cats and dogs shall be permitted on the Property and then only for personal use and not for any business use such as breeding, kennel operations and the like. No other animals of any kind shall be permitted to be maintained upon the Property, including the following: cows, bees, hogs, pot bellied pigs, sheep, goats, poultry, snakes, rats, or skunks. No more than four (4) domesticated household pets are permitted in any Residence. Pets shall not be permitted to run free through the
pot bellied pigs, sheep, goats, poultry, snakes, rats, or skunks. No more than four (4) domesticated household pets are permitted in any Residence. Pets shall not be permitted to run free through the Property. Owners shall clean up after their pets and not allow them to relieve themselves on other Owners property or Common Area grounds. Pets shall be inoculated and shall be kept on leashes of not more than six (6) feet in length at all times when outside the confines of the Owners home or fenced yard. NO animal of any breed that shows signs of aggression or is of an -8Page 9 of 72 aggressive or vicious nature may be taken onto common areas or within areas where any amenity exists. Animals that pose any kind of threat, are excessively noisy, or can be considered to be dangerous or a nuisance Owner shall, upon written notification from the Association, permanently remove the animal(s) from the Owners premises and from the community. The Association will enforce rules against animals that violate any of the restrictions to the fullest extent possible including, but not limited to, enlisting the aid of animal control and local authorities to remove the animal and implementing code enforcement by the local county or city agencies, if applicable, and fines for non-compliance. If a report of an aggressive animal is received the Association will send one (1) seventy-two (72) hour notice advising the Owner the animal(s) must be permanently removed. In the event of an attack on a person or animal the Owner will be asked to immediately and permanently remove the animal(s) and the local authorities will be notified. Any violation of the above restrictions shall subject the Owner of the
or animal the Owner will be asked to immediately and permanently remove the animal(s) and the local authorities will be notified. Any violation of the above restrictions shall subject the Owner of the animal(s) to a fine for non-compliance up to $1,000.00 per occurrence, in addition to any other enforcement enacted based upon the severity of the violation, which shall be billed to the Owner's account.
(e) Outdoor Burning Restrictions. Outdoor burning of trash, leaves, and other items is prohibited. This restriction shall not be construed as prohibiting outdoor cooking on barbecue grills in connection with use of a Residence.
(f) Trash/Garbage Disposal. Trash, garbage and other waste shall at all times be kept in clean, well maintained, sanitary containers for regular scheduled pickup for removal of such items. Trash, garbage or other waste shall not be dumped on the ground of any Lot or in any Common Area. Containers for trash, garbage and other waste shall be screened from view in accordance with Section 3.4(e)(4) hereof at all times except such containers may be brought to the curbside or other designated pick-up area with respect to a Lot twenty-four (24) hours in advance of scheduled pick up and such containers must be returned to the screened area within twenty four (24) hours after the scheduled pick-up time. Should city ordinance permit, Owners max submit a request to install a cement pad to the side of the home to house garbage containers so long as the pad is screened in with wood fencing matching the fencing on the Lot and said fencing must either have a gate with decorative hardware of the opening must be to the back so as not to be visible. Live screening may be considered as a suitable screening notwithstanding, the live screening must be mature and
ate with decorative hardware of the opening must be to the back so as not to be visible. Live screening may be considered as a suitable screening notwithstanding, the live screening must be mature and tall enough to immediately block visibility of the containers from all sides.
Qccupancy. Each Lot shall be improved with an attached Residence. No Person shah occupy any garage or other outbuilding as a dwelling unit at any time. No Structure of a temporary character, such as a trailer, basement, tent, shack, barn or other outbuilding, shall be used on any of the Property at any time as a dwelling house; provided, however, that any Builder may maintain and occupy model houses, sales offices and construction trailers during construction periods.
(h) Projections from Structures. Window air conditioning units attached to a Residence and other similar projections visible from any street or from the front of the home are prohibited. Any projection through the roof of any outbuilding on the Property shall require the prior written approval of the applicable Declarant or the ACC.
-9Page 10 of 72 (i) Private Water/Sewer Systems. Each Residence shall be connected to the City water and sanitary sewer system, and no private water well or water, sanitary or storm sewer system is permitted within the Property unless constructed or caused to be constructed by the Declarant on the Declarant's Property. If the Declarant uses private drainage easements in areas that necessitate or contain a private sub-surface storm sewer drainage system, then such sewer lines are to be kept freely running and unobstructed at all times. If the lines become obstructed, all parties that benefit from their function shall be required to equally and promptly share in the
r lines are to be kept freely running and unobstructed at all times. If the lines become obstructed, all parties that benefit from their function shall be required to equally and promptly share in the cost of repair or replacement of the lines.
(i) Changes in Grade. Except for such changes as are reasonably necessary to facilitate construction of a Residence on a Lot, no Owner shall not change the grade of any Lot except in compliance with all applicable laws and the requirements of the grading plan After the Declarant has developed the Lots on its portion of the Property, the general grading and slope of a Lot may not be altered, and no dams, berms, channels or swales may be constructed or excavated without the prior written approval of the Declarant (or the ACC), the City (if applicable) and other appropriate agencies having authority to grant such approval.
Notwithstanding anything to the contrary contained herein, the drainage plan of a Lot shall not be altered in a manner which is inconsistent with the bot Grading Plan, unless such The ACC held liable for any alteration or impediment of drainage caused by any construction, modification or alteration, or improvement made by an Owner or a Contractor on an Owner's Lot whether or not it was approved by the ACC.
(k) Visible Activities - Outdoors. Outdoor drying of clothes is prohibited. When not in use, lawn mowers, rakes, carts, and other yard equipment shall be stored away from view of or equipment but not to bicycles, mini bikes, and motorized skateboards may not be left out when not in use. Items must be neatly and properly stored Basketball goals, whether permanent or portable, may not be used or installed without the express written permission of the ACC. Portable
out when not in use. Items must be neatly and properly stored Basketball goals, whether permanent or portable, may not be used or installed without the express written permission of the ACC. Portable basketball goals may not be weighted down with unsightly materials such as tires, sand bags, bricks, rocks, etc., and must be stored on its side close to the side wall of the home, in the garage or within the back yard when not in use. When requesting to install a permanent Basketball Goal the crank style goals which allow a goal pole to be cranked up and down is preferred. Basketball goals should not be positioned in the street or on the sidewalk and may not be placed between the sidewalk and street No permanent basketball goals shall be affixed to the home notwithstanding, a goal affixed to the home may be allowed in the back portion of the home if the yard is fenced and the goal is not visible from any street or alleyway. Bar-be-que grills used in the front portion of the home must be put away when not use.
Structures and Storage. No temporary or permanent dwelling, shop, trailer, mobile home or above-ground swimming pools of any kind or any structure or improvement of a temporary or permanent character shall be permitted on any Lot, except that a Builder or contractor may have temporary improvements (such as a sales office, parking lot and/or a construction trailer) on a Lot during construction of the Residence on that Lot. Upon approval of the ACC, an Owner may install and place a play structure in the fenced in area behind the Residence on a Lot notwithstanding, no structure, as a general rule, shall exceed more than two feet (2') over the top of any fence line. Except as otherwise expressly permitted in Section 3.7 - 10 Page 11 of 72
a Lot notwithstanding, no structure, as a general rule, shall exceed more than two feet (2') over the top of any fence line. Except as otherwise expressly permitted in Section 3.7 - 10 Page 11 of 72 hereof, no building material of any kind or character shall be placed or stored upon a Lot until the Owner thereof is ready to commence construction of improvements, and then such material shall be placed only within the property lines of the Lot upon which the improvements are to be erected during construction so long as construction progresses without undue delay. Unless approved in writing by the ACC or the Board, in the absence of the ACC, pursuant to this Declaration, no storage buildings shall be brought onto or constructed on a Lot. In any event, storage buildings permitted to be constructed or brought onto a Lot hereunder or by subsequent written approval by the ACC or Board must match or complement the materials and color of the Residence on the Lot to include a shingled roof matching the shingles on the main residence.
Storage buildings may be permitted only with the prior written approval of the ACC or Board, in absence of the ACC, and each storage building shall not, as a general rule, exceed eight feet in height. The ACC or Board shall take into account the following when reviewing a request for any structure, (i) existing fence height, (ii) placement and visibility of the structure, (iii) surroundings, (iv) aesthetics or aesthetic harmony, and (v) any applicable governmental requirements pertaining to the height of Structure(s), shall be considered. (Notwithstanding, the above does not constitute, in any way, the full extent of considerations the ACC may use or consider when reviewing a request. The ACC or Board may make a determination based solely
twithstanding, the above does not constitute, in any way, the full extent of considerations the ACC may use or consider when reviewing a request. The ACC or Board may make a determination based solely on aesthetic reasons. Approvals may be contingent upon the location of the Owners Lot and may require screening as a condition of approval. All requests are considered on a case by case basis, each according to the facts of the particular situation.
(m) Recreational Vehicles. No boat, trailer, marine crafts, including jet skis and other similar water sport vehicles, hovercrafts aircraft recreational vehicle, travel trailer, motor home, camper body or similar vehicle or equipment may be stored, parked or kept on any driveway, in the front yard or in the Street in front of a Lot for more than 48 hours nor more frequently than two times per month, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any Residence: No such vehicle or equipment shall be used as a residence or office temporarily of permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a Residence in the immediate vicinity.
(n) Transportation of Hazardous Materials. No vehicle of any size which transports inflammatory or explosive cargo may be kept on the Property at any time.
Drilling or Mining. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted on the surface of the Property. No oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted upon or in any part of the surface of the Property. No derrick or other structure designed for use in quarrying or boring
No oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted upon or in any part of the surface of the Property. No derrick or other structure designed for use in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted on the surface of the Property (p) Utilities. Each Residence situated on a Lot shall be connected to the public water and sanitary sewer lines. No privy, trailer sewage, cesspool or septic tank shall be placed or maintained upon or in any Lot. However, portable toilets will be allowed during building construction. The use of any propane, butane, LP Gas or other gas tank, bottle or cylinder of any type (except as reasonably required [not to exceed fifteen pounds] to operate portable gas grills or permanent gas grills which may be installed or used by an Owner to serve a Residence) is - 11 Page 12 of 72 prohibited. Except as to street lighting (if any) all utility service facilities (including, but not limited to, water, sewer, gas, electricity and telephone) shall be buried underground (except meters, transformers, risers, service pedestals and other surface installations necessary to maintain or operate appropriate underground facilities). Electric utility transformers may be installed only in locations designated on the Plat for such purpose or otherwise approved in writing by the ACC, and all improvements on a Lot on which an electric transformer pad easement is located as shown on the Plat must be installed in compliance with all electric company guidelines for separations from pad-mounted transformers.
(q) Certain Exterior Lighting and Camera Use By Owners. Upon being given notice by the ACC that any exterior lighting is objectionable, as determined by the ACC in its
s from pad-mounted transformers.
(q) Certain Exterior Lighting and Camera Use By Owners. Upon being given notice by the ACC that any exterior lighting is objectionable, as determined by the ACC in its sole and exclusive discretion, the Owner of the Lot on which same is located shall immediately remove any such lighting or shield the same in such a way that it is no longer objectionable to the ACC. Use of cameras for security is becoming more prevalent in Homeowners Associations therefore, the Declarant and the Association desire to attempt to set some perimeters by which Owners must abide which shall include, but is not limited to, the following, (i) Cameras may not, at any time, be positioned to look directly into any neighboring Owner's windows, doorways, or any room or area where an Owner has a reasonable expectation of privacy, (ii) No more than four (4) security cameras may be installed. If more than four (4) cameras are necessary to provide security, Owner must obtain additional written permission from the ACC, (iii) security cameras may not encroach upon or film common areas or common amenities, (iv) security cameras shall be installed and secured in a manner that complies with all applicable city or township and state laws and regulations, if any, and per manufacturer's instructions, and (v) if an Owner moves or sells his home, the cameras MUST be removed unless written permission from the ACC or Board of Directors is obtained allowing the cameras to remain at which time the ACC or Board of Directors may have the right to set forth certain restrictions or perimeters by which the new Owner or tenant will be required to abide and which, at the discretion of the Board of Directors may be noted on a resale certificate for the purpose of ensuring full disclosure
eters by which the new Owner or tenant will be required to abide and which, at the discretion of the Board of Directors may be noted on a resale certificate for the purpose of ensuring full disclosure is made. Disputes between Owners regarding use of cameras shall be considered an Owner to Owner matters and the Association, Declarant, Board of Directors, the ACC, and any and all Agents and Assigns, shall be fully indemnified which shall include, but not be limited to, (i) indemnification against hurt, loss, or damage, (ii) exemption from incurred penalties or liabilities, (iii) protection from damage, injury, financial loss, or legal liability. Indemnification on behalf of the Association, Declarant, Board of Directors, the ACC, and any and all Agents and Assigns shall be assumed to be in effect to the highest extent in which indemnification and hold harmless securities on behalf of the Association, Declarant, Board of Directors, the ACC, and any and all Agents and Assigns may be reasonably exercised or expected.
Drones and Unmanned Aircraft. Any Owner operating or using a drone or unmanned aircraft within the Property and related airspace must register such drone or unmanned aircraft with the Federal Aviation Administration ("FAA"), to the extent required under applicable FAA rules and regulations, and mark such drone or unmanned aircraft prominently with the serial number or registration number on the drone or unmanned aircraft for identification purposes. No drone or other unmanned aircraft may be flown over the homes of neighboring Lots with the intent to capture photos or footage of any portion of a home that may - 12 Page 13 of 72 reasonably be expected to be kept private such as, but not limited to, photographing or filming
Lots with the intent to capture photos or footage of any portion of a home that may - 12 Page 13 of 72 reasonably be expected to be kept private such as, but not limited to, photographing or filming through windows, open doorways, inside open garages, etc. BY ACCEPTANCE OF TITLE TO ANY PORTION OF THE PROPERTY, EACH OWNER ACKNOWLEDGES THAT USE OF A DRONE OR UNMANNED AIRCRAFT TO TAKE IMAGES OF PRIVATE PROPERTY ORPERSONS WITHOUT CONSENT, MAY BE A VIOLATION OF TEXAS LAW AND A CLASS C MISDEMEANOR SUBJECT TO LEGAL ACTION AND FINES UP TO $10,000. IT IS YOUR RESPONSIBILITY TO KNOW AND COMPLY WITH ALL LAWS APPLICABLE TO YOUR DRONE AND/OR UNMANNED AIRCRAFT USEA Section 2.3 General. No use shall be permitted on the Property which is not allowed under applicable public codes, ordinances and other laws either already adopted or as may be adopted by the City or other controlling public authorities. Each Owner, occupant or other user of any portion of the Property, shall at all times comply with this Declaration and with any and all laws, ordinances, policies, rules, regulations and orders of all federal state, county and municipal governments, and other agencies having jurisdictional control over the Property, specifically including, but not limited to, applicable zoning restrictions placed upon the Property as they exist from time to time. IN SOME INSTANCES, REQUIREMENTS UNDER THE GOVERNMENTAL REQUIREMENTS MAY BE MORE OR LESS RESTRICTIVE THAN THE PROVISIONS OF THIS DECLARATION. IN THE EVENT A CONFLICT EXISTS BETWEEN ANY SUCH REQUIREMENTS UNDER THE GOVERNMENTAL REQUIREMENT AND ANY REQUIREMENT OF THIS DECLARATION, THE MOST RESTRICTIVE REQUIREMENT SHALL PREVAN, EXCEPT IN CIRCUMSTANCES WHERE COMPLIANCE WITH A MORE RESTRICTIVE PROVISION OF THE
R THE GOVERNMENTAL REQUIREMENT AND ANY REQUIREMENT OF THIS DECLARATION, THE MOST RESTRICTIVE REQUIREMENT SHALL PREVAN, EXCEPT IN CIRCUMSTANCES WHERE COMPLIANCE WITH A MORE RESTRICTIVE PROVISION OF THE DECLARATION WOULD RESULT IN A VIOLATION OF MANDATORY APPLICABLE GOVERNMENTAL REQUIREMENTS, IN WHICH EVENT THOSE GOVERNMENTAL REQUIREMENTS SHALL APPLY COMPLIANCE WITH MANDATORY GOVERNMENTAL REQUIREMENTS WILL NOT RESULT IN THE BREACH OF THIS DECLARATION EVEN THOUGH SUCH COMPLIANCE MAY RESULT IN NON-COMPLIANCE WITH PROVISIONS OF THIS DECLARATION. WHERE A GOVERNMENTAL REQUIREMENT DOES NOT CLEARLY CONFLICT WITH THE PROVISIONS OF THIS DECLARATION BUT PERMITS ACTION THAT IS DIFFERENT FROM THAT REQUIRED BY THIS DECLARATION, THE PROVISIONS OF THIS DECLARATION SHALL PREVAIL AND CONTROL. All Lots shall be developed in accordance with this Declaration as this Declaration may be amended or modified from time to time as herein provided.
Section 3.1 ARTICLE 3 CONSTRUCTION PROVISIONS Plan Approval Required. No Residence or Structure whether permanent or temporary shall be constructed within the Property until the plans have been approved in writing by the ACC or the Declarant as provided in this Article 3.
- 13Page 14 of 72 Section 3.2 Establishment of the ACC.
(a) Initial Appointment. The ACC shall consist of three (3) members. The initial ACC members shall be those persons appointed by the Declarant during the period of Declarant control which need not be Members and may be any person or group. Thereafter, the Board of Directors shall have the sole right to appoint and remove the ACC which may not consist of less than three (3) Members.
AL (b) Term and Subsequent Appointments. The members of the ACC shall serve
d of Directors shall have the sole right to appoint and remove the ACC which may not consist of less than three (3) Members.
AL (b) Term and Subsequent Appointments. The members of the ACC shall serve until they resign or are removed by the party appointing them to the ACC (which the appointing party may do at any time). Subsequent appointments to the ACC shall be made by the appointing Declarant until such time as the appointing Declarant either relinquishes such power by written notice to the Board, or no longer owns any Lot; thereafter, appointments to and removals from the ACC shall be made by the Board. Both ACC and Declarant, individually or jointly, may engage the services of a third party to review plans and specifications pursuant to this Article.
(c) Compensation; Fee for Review. No member of the ACC shall be entitled to compensation for its services; provided that the ACC may charge a reasonable fee (no more than $250 per submission) to cover its costs in reviewing any plans and inspecting a Lot and/or improvements constructed thereon, which fee shall be paid by an Owner to the Association or the Reviewing Party at the time of submission and/or resubmission of plans to the ACC for review and approval. Notwithstanding the foregoing or anything to the contrary contained herein, Builders shall not be liable for any charges of the ACC under this Section 3.2(c) with respect to the review and approval of the ACC of plans for the initial construction of a home on a Lot by such Builder. Additions of pools or other structures not included as part of the initial construction shall be subject to fees at the ACC's discretion.
Section 3.3 (a) Approval Process.
ONIC Submission of Plans. Any party wishing to construct a Residence or any
uded as part of the initial construction shall be subject to fees at the ACC's discretion.
Section 3.3 (a) Approval Process.
ONIC Submission of Plans. Any party wishing to construct a Residence or any Structure on the Property shall submit at least one (1) copy of complete plans and specifications to the ACC for its approval prior to commencing construction. Such plans and specifications for initial construction shall include engineering information, landscaping description, and construction plans showing the location and elevations of the proposed Residence or Structure and the materials to be used in constructing the same, including items such as fencing, all in sufficient detail to enable the ACC to evaluate the proposed Structure or Residence. The ACC may request additional information, including samples of proposed materials to aid it in its decision process. After receipt of a complete set of plans and specifications, the ACC shall promptly review the same and notify the Person submitting whether it approves the plans or whether it requires changes thereto. Alternately, the ACC may disapprove a set of plans by so noting thereon and returning it to the Person submitting, accompanied by a statement of the reasons for disapproval. No construction shall be commenced on any portion of the Property unless and until the plans for the Residence, Structure, or improvement in question have been approved in writing by the ACC or the Declarant. Failure to abide by this rule shall subject the Owner to a fine of not less than $200.00 for every violation occurrence.
- 14 Page 15 of 72 (b) Time for Review/Approval. The ACC shall approve or disapprove all plans properly submitted to it for construction within forty-five (45) days after the date it receives a
nce.
- 14 Page 15 of 72 (b) Time for Review/Approval. The ACC shall approve or disapprove all plans properly submitted to it for construction within forty-five (45) days after the date it receives a complete set of plans and specifications; therefore, if the ACC fails to specifically approve or disapprove of any plans within such forty-five (45) day period, then the ACC shall be deemed to have DISAPPROVED the plans submitted. Plans submitted from Builders for initial construction shall be reviewed within twenty (20) days or less when possible. Review time for any application does not include time which elapses when additional information is requested to include requests for permits, samples, clarifications, or revisions of plans submitted.
(c) Review Standards. The ACC, in reviewing and approving plans for construction of any Structure, Improvement, or Residences, shall use commercially reasonable efforts to promote and ensure a high level of taste, design quality, aesthetic harmony, and conformity throughout the Property, consistent with the standards established by this Declaration and the Design Guidelines. Community Wide Standards, whether such standards are in writing or not, may be enlisted and used by the ACC when reviewing applications. Declarant has the right, but not the obligation, to allow or issue variances on a case by case basis.
(d) Design Guidelines/Building Standards. The Declarant or the ACC may, but is not required from time to time, to establish specific guidelines and building standards in addition to or to modify and amend the Design Guidelines attached hereto as Exhibit B and incorporated herein by reference, to assist Persons in determining the type of Structures, Improvements, and
n addition to or to modify and amend the Design Guidelines attached hereto as Exhibit B and incorporated herein by reference, to assist Persons in determining the type of Structures, Improvements, and Residences which may be constructed on the Property, Parsuant to Sections 8.1 and 8.2, the Declarant may annex additional property to become a part of the Property in accordance with Sections 8.1 and/or 8.2 hereof, and the Declarant may develop its portion of the Property in various Phases using the same differing design guidelines. The Declarant may establish differing restrictions, guidelines and building standards for each such Phase of the Property, which may impose more restrictive or less onerous building standards with respect to a particular Phase. The ACC or the Declarant may amend or modify such guidelines or standards from time to time in its sole discretion. Such guidelines or standards shall supplement this Declaration and shall be general guides to permitted construction within the Declarant's Property, but shall not diminish the authority of the ACC and the Declarant to approve plans as otherwise herein provided.
Failure to Obtain Approval. The construction, repair, replacement, installation, improvement or placement of any Structure, Improvement of any type on a Lot or Residence without the prior written approval from the ACC shall constitute grounds for the imposition by the ACC or the Association of an automatic fine against the Owner of said Lot not to exceed $200.00 per day violation occurrence commencing upon the date on which the unapproved construction, repair, replacement, installation or placement commenced and continuing until the earlier of the date on which such Owner has either (i) obtained ACC approval (or deemed
h the unapproved construction, repair, replacement, installation or placement commenced and continuing until the earlier of the date on which such Owner has either (i) obtained ACC approval (or deemed approval) of such construction, repair, replacement, installation or placement of the offending Structure(s) or Improvement(s), or (ii) removed such offending Structures or Improvements and restored its Lot to substantially the same condition as existed prior to commencement of such construction, repair, replacement, installation or placement thereof. A fine levied under this Section shall be charged to the Owner's assessment account, payable upon demand and secured by the Assessment Lien created in Article 6.
-15Page 16 of 72 (f) Limitation of Liability. No Declarant, and none of Declarant's officers, directors, partners, agents, employees, representatives, parent or subsidiaries, nor the Association, the Board, or the ACC, including any of its respective members, nor any of its agents or assigns shall be liable to any Person for any official act of the ACC in connection with submitted plans and specifications. Notwithstanding any approval by the Declarant or the ACC, neither the Declarant nor the ACC shall be responsible or liable to any Person with respect to any loss, liability, claim or expense which may arise by reason of such approval or the construction of a Residence or Structure related thereto. No Declarant, nor the Association, the Board not the ACC or any Agent or Assign shall be responsible in any way for any defects in any plans or specifications submitted, reviewed or approved in accordance with the provisions of this Declaration, nor for any structural or other defects in any work done according to such plans or
n any plans or specifications submitted, reviewed or approved in accordance with the provisions of this Declaration, nor for any structural or other defects in any work done according to such plans or specifications. No approval of any plans by either the ACC or the Declarant shall be construed to mean that the plans comply with any applicable law, building code, or governmental regulation, it being the responsibility of the Person submitting any plans to assure compliance with all applicable laws. Conversely, the issuance of a building permit or any approval from any governmental authority shall not, under any circumstance, constitute any evidence that construction of a Residence, Structure or Improvement complies with the terms and conditions contained in this Declaration or the Design Guidelines. No Declarant or members of the ACC shall have liability for decisions made by them regarding the approval or disapproval of plans, so long as the decisions are made in good faith and are not discriminatory, arbitrary, or capricious.
Section 3.4 Specific Construction Provisions (a) icial Setbacks. All Residences and other Structures shall be constructed in conformity with the setback requirements of the City (and the setbacks and/or building lines reflected on the Plat.
(b) Residence Size and Type. The minimum square footage of enclosed airconditioned area of each Residence (exclusive of all porches, garages or breezeways) shall be the greater of (i) 1,800 square feet or (ii) the minimum square footage required by the City for each Residence. Each Residence shall be of new construction on a Lot and no mobile homes or manufactured housing shall be permitted on the Property except as authorized by the Declarant
y the City for each Residence. Each Residence shall be of new construction on a Lot and no mobile homes or manufactured housing shall be permitted on the Property except as authorized by the Declarant on a temporary basis in connection with construction or sales activities on the Declarant's Property (c) Garage Requirements. Each Residence shall have at least a two (2) car attached or detached garage constructed as a part thereof, in compliance with the minimum applicable requirements established by the City. Each garage must match or complement the materials and color of the Residence on the Lot. Decorative light to medium wood garage doors is the only pre-approved materials allowed for garage doors. Any other material must have the prior written permission of the ACC. Each single-family Residence erected on any Lot shall provide offstreet parking space (inclusive of garage space) for a minimum of two (2) automobiles. USE OF REAR, SIDE ENTRY, OR J-SWING GARAGES ARE CONTINGENT UPON WRITTEN APPROVAL OF THE DECLARANT OR THE ACC. No setback, building line, drainage or utility easement, or presumed drainage avenue existing between homes shall be breached without -16Page 17 of 72 the express written consent of the city and/or the Declarant or ACC. If the restrictions of this Declaration or the ACC or interpretation of the meaning of restrictions as they pertain to garages are of a higher standard than that of the city, the restrictions of this Declaration or the ACC shall prevail. NO garage or driveway may be installed in a way that will alter, impede, or inhibit the availability of proper drainage flow between Lots. Violation of this restriction shall result in an immediate fine of not less than $500.00 and subsequent daily fines of
alter, impede, or inhibit the availability of proper drainage flow between Lots. Violation of this restriction shall result in an immediate fine of not less than $500.00 and subsequent daily fines of $25.00 per day until the violation is satisfactorily abated. No garage shall be modified or converted for use as living space or any use other than as a garage, except with regard to model homes or sales offices operated by Builders in the Subdivision for which the garage may be modified or converted to living space or for other uses during periods in which such Residence(s) are being operated as a model home or sales office of a Builder.
(d) Drive/Walkway Requirements. All driveways and sidewalks.
per this Declaration are considered as structures and shall conform to applicable City and other governmental specifications and regulations and the restrictions as set forth in this Declaration or as may be established or required by the Declarant or the ACC, The higher or stricter standard shall prevail as to placement and construction of driveways and are contingent upon the restrictions for garages as noted in Section 3.4(c) above. Back Lot must be accessible to an adjoining Street by a concrete driveway unless other materials are approved in writing by the ACC. No widening or staining of driveway or sidewalk is allowed without the express written consent of the Declarant or the ACC. If required by the City, concrete sidewalks shall be installed on each Lot by the Builder constructing the initial Residence on any Lot and in conformance with the requirements of the City Builders shall not be considered to have completed construction until all sidewalks per city requirements are installed.
(e) Ancillary Structure Provisions. All ancillary Structures (as described below)
ilders shall not be considered to have completed construction until all sidewalks per city requirements are installed.
(e) Ancillary Structure Provisions. All ancillary Structures (as described below) shall conform to the requirements of this Section (1) Us Antennas, Aerials and Satellite Dishes.
Any satellite dish less than one meter in diameter shall be deemed pre-approved so long as the dish is installed as follows, (i) on the rear of the home along the roof line, (ii) on either side of the home along the roof line and so long as the dish is located at least five feet (5') back from the front façade of the home on either side of the home. Satellite dishes are NOT allowed on the front of the home. Roof mounted satellite dishes are allowed ONLY if mounting on the roof is the only means by which the Owner can obtain maximum reception.
Upon written request, the ACC shall have the right to require written proof from the satellite installation company that mounting the satellite on the roof is the only way to ensure maximum reception. Ground mounted satellite dishes must be installed in the back of the Lot or inside a fenced in portion of the Lot so as not to be visible from any street or from ground level of any adjacent Lot or Common Area. Screening with landscaping integrating the ground mounted dish into the surrounding landscape is preferred.
(B) Any broadcast television antennas and any other antennas and aerials shall be located inside the attic of the Residence constructed on the Lot.
- 17 Page 18 of 72 (C) With respect to any antenna or satellite dish covered by Section 47 C.F.R. Part I, Subpart S, Section 1.4000 (or any successor provision) promulgated under the Telecommunications Act of 1996, as amended from time to time, the
na or satellite dish covered by Section 47 C.F.R. Part I, Subpart S, Section 1.4000 (or any successor provision) promulgated under the Telecommunications Act of 1996, as amended from time to time, the provisions of Section 3.4(e)(1)(A) and 3.4(e)(1)(B) shall be applicable only to the extent that the requirements hereof do not (A) preclude reception of an acceptable quality signal, (B) unreasonably delay or prevent installation, maintenance and use of the antenna or satellite dish, or (C) unreasonably increase the cost of installation, maintenance and use of the antenna or satellite dish.
(2) Fences and Walls. All fences constructed within the Subdivision shall comply with the Design Guidelines attached hereto as Exhibit B and shall in any event be of a design approved by the ACC. No fence shall exceed eight feet (8) in height.
Any transition between intersecting fences of differing heights shall occur over a slope a distance of two feet (2') from the point of intersection. No fence shall be constructed on a Lot nearer than five feet (5') from the front corner of the Residence on such Lot without the express written consent of the Declarant or the ACC. No fences or walls shall be constructed on any lot, other than by the Builder or Declarant, unless approved in writing by the Declarant, the ACC or the Board in the absence of the ACC.
Fencing along the entire eastern property boundary is required to be board-on-board cedar, eight feet (8') in height with a cedar CAP Poles shall be galvanized metal and boxed with a cedar enclosure. Fence staining shall be consistent for all of the Lots along the eastern property boundary, only Seal-Rite Medium Brown or a comparable color and manufacturer approved in writing by the ACC shall be allowed along the eastern property border.
(3)
the Lots along the eastern property boundary, only Seal-Rite Medium Brown or a comparable color and manufacturer approved in writing by the ACC shall be allowed along the eastern property border.
(3) ༧ ficia Outbuildings. Outbuildings must be approved by the ACC consistent with Section 2.2(1) herein.
(4) Trash Containers. All trash containers belonging to a specific residence shall be screened from view from Streets, except during the period commencing 24 hours prior to scheduled pick-up and ending 24 hours after scheduled pick-up as permitted under Section 22(f) hereof. Concrete pads at the side of the home with screening to block visibility of the containers may be allowed upon written consent of the Declarant or the ACC Hedges. Hedges shall be maintained at a height that is no higher than twenty-four inches (24") above the height of fences and walls on a Lot. Each owner shall keep and maintain hedges on its Lots in a manner that preserves the structural integrity of the fence and/or wall, and ensures same is not compromised, and in a manner to prevent encroachment of such hedge onto any adjacent Lot. Hedges growing on or against fences considered shared fencing constructed along the sides and in most cases, the back portion or Lots shall be the sole responsibility of the Owners of those Lots sharing said fencing to maintain. Complaints or disputes which may arise over shared fencing shall be settled between the Owners and shall not be deemed as an Association matter unless or until the Declarant or the Board of Directors deems its involvement to be necessary or until a court of law issues a mandate requiring the Association to intervene. In this regard, the Association or the ACC shall have the right, but not the obligation, to enforce rules
be necessary or until a court of law issues a mandate requiring the Association to intervene. In this regard, the Association or the ACC shall have the right, but not the obligation, to enforce rules and restrictions of the Association only when it is deemed in the best interest of the - 18Page 19 of 72 Association to do so. Fencing and hedges facing a street, common area, or open space are excluded from the above exclusions and shall be fully enforced by the Association or the ACC as to compliance with the rules and restrictions set forth in this Section.
No hedge shall be maintained in a manner that obstructs any sidewalk or the visibility of intersections of Streets. Any hedge that obstructs a sidewalk or intersection, draws bees or other insects thereby becoming a nuisance or safety hazard to other Owners or passersby may be trimmed back or cut down by the Association without notice to the Owner or liability to the Association or any person or persons contracted to perform the work. Costs of work performed may be billed to the Owner's account and shall be due upon submission of a statement of charges mailed or otherwise provided to the Owner such as hand delivering or posting of the statement to the door of the Residence.
of the (6) Retaining Walls. No retaining walls shall be constructed on any lot, other than by the Builder or Declarant, unless approved in writing by the ACC or the Board in the absence of the ACC.
(7) Mailboxes. Mailboxes shall be of a design as set forth on Exhibit C attached hereto and incorporated herein by reference, or other design approved in writing by the ACC or Declarant, and be designed and constructed in accordance with any applicable guidelines and/or requirements of the City and/or United States Postal Service.
er design approved in writing by the ACC or Declarant, and be designed and constructed in accordance with any applicable guidelines and/or requirements of the City and/or United States Postal Service.
If cluster mailboxes are used in this subdivision and there is damage sustained which results in the repair or replacement of the cluster box unit the Association shall attempt to identify the person or entity responsible and shall make every effort to obtain the full cost of repair or replacement from that entity or individual notwithstanding, should the Association not be able to identify the person or entity responsible, the costs of repairs or replacement of a cluster mailbox shall be borne as an individual assessment in equal portion by each Owner to whom the cluster mailbox serves as the receptacle for the receipt of U.S. mail or packages.
Recreational Facilities. A swimming pool and/or other recreational facilities may be constructed within any Lot provided the plans are approved by the ACC prior to commencement of construction to ensure compliance with the requirements contained in the Design Guidelines with respect to location, screening, and proper setbacks. Above ground pools except for small kiddie pools are prohibited. All pool service equipment shall be either screened with shrubbery or fenced and located in (A) a side yard between the front and rear boundaries of the Residence, or (B) in the rear yard, or (C) otherwise concealed in a location not visible from any Street, Common Area or adjacent Lot. Pool equipment must be of a type built or designed for minimal noise disturbance.
(9) Signage. No sign or signs of any kind or character shall be displayed to the Streets or otherwise to the public view on any Lot or Common Area, except for the
signed for minimal noise disturbance.
(9) Signage. No sign or signs of any kind or character shall be displayed to the Streets or otherwise to the public view on any Lot or Common Area, except for the Declarant's signs or Builders' signs approved by the Declarant for such Declarant's Property, and except that: -19Page 20 of 72 (A) Any Builder, during the applicable initial construction and sales period, may utilize two (2) professionally fabricated signs (of not more than six [6] square feet in size) per Lot for advertising and sales purposes, and two (2) professionally fabricated signs (of not more than thirty-two [32] square feet in size) in the Property advertising a model home or advertising the Subdivision, provided that such signs shall first have been approved in writing by the ACC; (B) A professionally fabricated “for sale” or “for rent” or “for lease” sign (of not more than six [6] square feet in size) may be utilized by the Owner of a Lot for the applicable sale or rent situation, provided that such sign first shall have been approved in writing by the ACC. No window signs, homemade signs allowed; (C) Development related signs owned or erected by Declarant (or any builder with Declarant's prior written consent) shall be permitted (D) Signs displaying the name of a security company shall be permitted, provided that such signs are (i) ground mounted, (ii) limited to two (2) in number per Lot (one [1] in the front yard and one [I] in the back yard), and (iii) of a size not in excess of two (2) square feet in size; (E) Each Owner may display flags on or at a Residence in conformity with the Design Guidelines attached as Exhibit B, and in a manner otherwise consistent with the covenants, conditions and restrictions contained in
may display flags on or at a Residence in conformity with the Design Guidelines attached as Exhibit B, and in a manner otherwise consistent with the covenants, conditions and restrictions contained in this Declaration or upon written approval of the ACC; (F) Each Residence may display up to two (2) spirit signs or other signs in support of athletic events and/or teams during the applicable sport season which are not otherwise consistent with the covenants, conditions and restrictions contained in this Declaration; and Each Residence may display seasonal decorations (including lights, lawn omamentation, flags and banners) for a duration of no longer than six (6) weeks during the applicable season and provided that such decoration is in any event consistent with the covenants, conditions and restrictions contained in this Declaration. Decorations may NOT in any way be of a style or design that may be considered lude or offensive; and (H) One (1) sign for each candidate and/or ballot item on advertising such political candidate(s) or ballot item(s) for an election shall be permitted in accordance with Section 202.009 of the Texas Property Code, provided that: (i) such signs may not be displayed (A) prior to the date which is ninety (90) days before the date of the election to which the sign relates, and (B) after the date which is ten (10) days after that election date; U (ii) such signs must be ground-mounted; and - 20 Page 21 of 72 (iii) such signs shall in no event (A) contain roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component, (B) be attached in any way to plant material, a traffic control device, a light, a
ora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component, (B) be attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing Structure or object, (C) include the painting of architectural surfaces, (D) threaten the public health or safety, (E) be larger than four feet (4') by six feet (6'), (F) violate a law (G) contain language, graphics, or any display that would be offensive to the ordinary person, or (H) be accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.
All signs must be professionally produced and manufactured. Each Owner, whether home is occupied by Owner or Tenants, hereby grants permission to the ACC (or its duly authorized agents) to enter upon a Lot or any part of the Property and remove any sign, billboard or advertising structure that does not comply with the above requirements and, in doing so, the ACC (or its duly authorized agents) shall not be subject to any liability to any Person whatsoever for trespass, conversion, or any claim for damages in connection with such removal. The ACC's cost to remove any sign shall be added to the Owner's assessment account, be payable upon demand and secured by the Assessment Lien created in Article 6.
(10) following provisions: (1) Construction Materials. All construction materials shall conform to the ściak Exterior Materials. The exterior walls (excluding doors and windows), below the first-floor ceiling plate of each Residence constructed or placed on a Lot shall have the minimum City required coverage but not less than one-hundred percent (100%) brick or brick veneet or stone or cast stone, stucco or other masonry material as
structed or placed on a Lot shall have the minimum City required coverage but not less than one-hundred percent (100%) brick or brick veneet or stone or cast stone, stucco or other masonry material as approved by the ACC on the front façade of a residence (excluding openings) and shall otherwise be in compliance with the Design Guidelines attached hereto as Exhibit B. All chimney and fireplace flues shall be enclosed and finished and portions located above the roof structure and joofing materials shall be finished as required by the Design Guidelines or applicable ordinances of the City, provided that in any event such exterior portions of the chimney shall be finished with an approved exterior grade siding material; exposed pre-fabricated metal flue piping is prohibited. No material on the exterior of any building of other improvement except wood, hardboard or stucco, shall be stained or painted without the prior written approval of the ACC.
No-materials other than the following may be used in the exterior construction of a Residence and/or other Structures constructed on a Lot (excluding roofing materials, window frames and exterior fixtures): brick, brick veneer, stone, stone veneer, wood, hardboard, stucco and/or masonry siding. All wood, hardboard or stucco used on the exterior of a Residence must be painted or stained in a color compatible with the exterior design and materials used in the exterior construction of such Residence, and as approved by the ACC.
-21 Page 22 of 72 (2) Materials. Minimum 5:12 roof pitch, roofing materials shall be architectural grade composition shingles, cement fiber shingles, slate, metal, clay tile, or concrete tile, be thirty (30) year warranty shingle or equivalent is required, with a
ng materials shall be architectural grade composition shingles, cement fiber shingles, slate, metal, clay tile, or concrete tile, be thirty (30) year warranty shingle or equivalent is required, with a minimum weight of 220 pounds per square foot (100 square feet). The color of shingles shall be subject to ACC approval. Generally accepted colors shall be weathered brown, light to medium brown tones or light to medium gray colors. Other roofing colors or material shall not be used without the prior express written approval of the ACC. All roofing materials must be fireproof and conform to City requirements, and are subject to approval of the ACC. Roof materials shall in any event be in compliance with the Design Guidelines attached hereto as Exhibit B. Dormers above roof structure and roofing materials may be finished with the exterior material used on that wall or if applicable, an approved exterior grade siding material.
(3) Garage Doors. All garage doors shall have sectional garage doors made of decorative wood as approved in writing by the ACC. No other material shall be used in the installation of a garage door without the express prior written consent of the ACC.
Section 3.5 Height Restrictions. All Residences and other Structures shall conform to the height restrictions of the City.
Section 3.6 Roof Restrictions. All Residences shall have a minimum roof pitch of 5:12 slope, unless otherwise approved in writing by the Architectural Control Committee. The roof pitches of any permanent Structure(s) to be constructed and/or installed on any Lots shall be subject to the Architectural Control Committee's prior written approval. Lower roof pitches may be allowed for different areas such as over porches, garages, or areas of the Residence that would
ll be subject to the Architectural Control Committee's prior written approval. Lower roof pitches may be allowed for different areas such as over porches, garages, or areas of the Residence that would not otherwise support a roof pitch with a 5-in-12 slope.
Section 3.7 Construction Period and Process. All construction activities, temporary Structures, storage of materials and equipment, construction-related parking and temporary security fences shall be confined entirely on such Lot or, if applicable, (a) such other portion of the Property designated by Declarant for such use or (b) such other Lots owned by a Builder which may be used as staging, parking or storage areas with related temporary Structures and fencing thereon for purposes of such Builder's initial construction of homes on Lots owned by it. Each Owner is responsible for, and shall cause, through appropriate contractual provisions, all costs of cleaning up any debris of waste improperly disposed of anywhere on the Property. Each Owner and such Owner's contractors shall use reasonable diligence to maintain an attractive, clean, nuisance-free environment during the period of construction. Each Owner of a Lot on which improvements are being constructed shall keep all Streets reasonably cleared of mud and dirt left by construction vehicles for each Lot. Once commenced, all construction on a Lot of any Residence (including the initial Residence thereon) (a) shall be continued with due diligence and good faith until completion, and (b) shall be completed within twelve (12) months after commencement thereof.
Construction of any other Structure shall be completed within the time periods specified in the plan approval process. All areas under construction shall be maintained in a clean, safe
cement thereof.
Construction of any other Structure shall be completed within the time periods specified in the plan approval process. All areas under construction shall be maintained in a clean, safe condition, and debris, trash, and rubble shall be stored in appropriate containers and promptly removed from the Property.
-22Page 23 of 72 Section 3.8 Landscaping. Weather permitting, landscaping of a Lot must be completed within thirty (30) days after (a) the date on which any Residence on a Lot is ninety-five percent (95%) complete, with respect to the initial construction of a Residence on a Lot, or (b) the date on which an Owner commenced installation and/or construction of such landscaping improvements with respect to landscaping improvements and work on Lots with existing Residences. In any event, all landscaping requirements for Residences as set forth in the Design Guidelines attached as Exhibit B to this Declaration, and as such Design Guidelines may be amended from time to time by the Board, the ACC or the Association pursuant to the terms hereunder, shall be satisfied prior to occupancy of a Residence on a Lot, provided that in any event (i) all front and side yards of a Lot shall comply with Section 1.1 of the Design Guidelines, (ii) all yard areas and required landscape shall be irrigated by a fully automated infigation system with drip irrigation installed in the front yard planter beds and front yard trees, (Ni) each hot shall include at least eight (8) trees with a caliper of six inches (6") or greater (measured at breast height) within the front yard of each of the Lots and landscaping that otherwise complies with any requirements of the City or other applicable governmental authorities and the Design
asured at breast height) within the front yard of each of the Lots and landscaping that otherwise complies with any requirements of the City or other applicable governmental authorities and the Design Guidelines promulgated by the Board, the ACC or the Association hereunder (collectively, the “Minimum Landscaping Requirements”). With respect to each and every fence installed at or near the side Lot line of any corner Lot running parallel to a Street the Lot Owner shall be obligated to maintain all grass areas between the fence and the Street, as applicable (and if any Owner fails to do so, the Association shall have the right, but not the obligation to maintain same at the Owner's cost, and shall have all other rights and remedies as are provided for in this Declaration). Line of sight shall never be impeded by fencing or landscape of any kind.
impede Section 3.9 Retaining Walls. Retaining walls may be installed to achieve even grades for pools, driveways or Residence foundations or to prevent storm water drainage to flow onto other Lots as required by Section 2.2 hereof. Such retaining walls must be constructed of such materials and height, and in a manner and location, approved in writing by the ACC and the City, if applicable. All retaining walls Wisible from any Street in front of a Lot, and, for corner Lots, from the adjacent side Street, shall be finished with landscape quality rock or stone. Any retaining walls built by Declarant or its affiliates on Common Area to be maintained by the Association shall be conveyed to and maintained by the Association as Common Areas and/or Common Amenities. Any retaining walls located within a Lot shall be maintained and repaired by the Owner of the Lot on which such retaining wall is located. In the event that a retaining
Areas and/or Common Amenities. Any retaining walls located within a Lot shall be maintained and repaired by the Owner of the Lot on which such retaining wall is located. In the event that a retaining wall is located on a shared property line between two Lots, the Owner of the high-side Lot shall be responsible for the maintenance and repair of such retaining wall.
Section 3.10 Right to Waive or Modify Specific Instruction Provisions. The ACC shall have the right in its discretion, to grant reasonable waivers of the construction provisions set forth in this Declaration, and any such waiver shall not entitle any other Person to a similar waiver and shall only be granted with respect to portions of the Property for which such ACC is responsible in accordance with the terms of this Declaration.
Section 3.11 Declarant Rights. So long as the Declarant owns any Lot, such Declarant may exercise any of the rights of the ACC appointed by such Declarant under this Article 3 and Declarant may veto, supersede any decision or action of such ACC and/or issue variances at the Declarant's sole discretion. Any variance issued by the Declarant cannot be revoked by the ACC or the Board and may not be construed by any Owner as setting a precedence.
-23 Page 24 of 72 Section 3.12 Repairs, Replacements and Modifications. The provisions of this Article 3 shall apply to any and all repairs, replacements or modifications of any improvements placed upon any Lot and shall not be deemed or construed as being limited to initial or new construction.
ARTICLE 4 MAINTENANCE PROVISIONS Section 4.1 Owner's Obligation to Maintain. Each Owner shall maintain its Lot and the Residence and other Structures thereon in a clean, first class condition at all times. Each
MAINTENANCE PROVISIONS Section 4.1 Owner's Obligation to Maintain. Each Owner shall maintain its Lot and the Residence and other Structures thereon in a clean, first class condition at all times. Each Owner shall keep all landscaping and sprinkler system on such Owner's Lot in a neat, orderly and well-maintained condition and shall keep the driveway and sidewalk on or in front of such Owner's Lot in good condition and repair. Each Owner shall regularly mow and edge grass on its Lot so that at all times such Owner's Lot contains no weeds, grass or unsightly growth exceeding two to four inches (2 - 4") in height. Each Owner shall maintain the exterior of its Residences and Structures in good condition and shall make such repairs and replacements as necessary to maintain good order and the aesthetic harmony of the Property An Owner may, without prior approval needed, repaint the trim on the home and/or around windows and doors as long as the color of paint used is the same as the existing colox Any change or variation in color or modification of existing improvements shall require the prior written permission of the ACC.
Fences shall be kept in good repair; any broken or missing pickets must be replaced. Fallen panels must be replaced or up righted and leans must be corrected. Fences must be kept in good appearance making sure that fence is re-stamed whenever necessary to maintain a favorable aesthetic appearance. An Owner may, without prior approval needed, re-stain the fence periodically as long as the stain color is the same as the existing color. Any variation or change in stain color shall require the prior written permission of the ACC. Replacement of all or any portion of a fence shall require the prior written approval of the ACC. No Owner shall have only
change in stain color shall require the prior written permission of the ACC. Replacement of all or any portion of a fence shall require the prior written approval of the ACC. No Owner shall have only a portion of a fence erected or installed. Owners are hereby put on notice that the Association or the ACC shall exercise its rights under this Declaration including, but not limited to, rights to initiate self-help anytime an Owner fails to maintain his or her Lot and Residence in a clean, first class condition.
Section 4.2 Damaged Improvements. If any Residence or Structure is damaged in any way, the Owner shall immediately repair such damage.
Section 4,3 Declarant/Association Right to Perform. If any Owner fails to maintain the condition of its Lot, the landscaping thereon, including the prompt removal of rotting or deceased trees and shrubs, or the Residence or other Structures thereon as contemplated by this Article 4 and fails to take action to correct such defect within five (5) days after the Declarant or the Association has furnished written notice thereof to such Owner, then the Owner of such Lot hereby grants permission to such Declarant or Association (or its duly authorized agents) to enter upon such Lot and perform those duties which the Owner failed to perform without liability whatsoever to such Owner or any Person for trespass, conversion, or any claim for damages. The cost of performing such duties shall be added to the Owner's assessment account and shall bear interest at the maximum rate of interest permitted to be charged under applicable law, and shall be payable upon demand and secured by the Assessment Lien provided for in Article 6.
-24Page 25 of 72 In the event of emergencies or circumstances reasonably considered to be a health or safety
hall be payable upon demand and secured by the Assessment Lien provided for in Article 6.
-24Page 25 of 72 In the event of emergencies or circumstances reasonably considered to be a health or safety hazard to other Owners or Occupants or to the Association or its property shall not require notice as described above and the Declarant, the ACC, and/or the Board of Directors may take immediate action to abate any situation which in the opinion of the Declarant, the ACC, or the Board of Directors is considered an emergency or constitutes a health or safety hazard of any type.
Section 4.4 Easement Maintenance.
(a) Generally. Each Owner grants to the Association, the Board, and the Declarant the right to access, repair, and maintain all facilities and improvements within any wall, entry, fence, landscape, or other similar easement as recorded on any Plat.
(b) op!
Drainage Easement. By acquisition of a Lot, each Qwner hereby grants, creates and conveys unto the Association, the other adjacent Owners and the Declarant (prior to the establishment of the Association and thereafter, the Association) a perpetual non-exclusive easement (the "Drainage Easement") over (i) all drainage easements within such Owner's lot and shown on the Plat and (ii) an area five feet (5') on both sides of the shared property line of each Lot within the Property for the purpose of (a) access, ingress egress, as is reasonably necessary to maintain, repair and/or restore the grading and/or drainage improvements serving the Lots and/or the Property and (b) permitting runoff and/or storm water to drain from other adjacent Lots over, through, under and across the Owner's Lot(s) to the extent such drainage does not adversely affect any Residence;
y and (b) permitting runoff and/or storm water to drain from other adjacent Lots over, through, under and across the Owner's Lot(s) to the extent such drainage does not adversely affect any Residence; provided, however in no event shallDeclarant and/or the Association be liable to maintain, repair or restore any grading or drainage on or serving any Lot. Neither the Declarant nor Declarant's successors or assigns shall be liable for any loss of, or damage done to any shrubbery, grass, flowers, improvements, fences, sidewalks, driveways of buildings of any type or the contents thereof on any Lot caused by any water levels, rising waters or drainage waters. Notwithstanding any of the foregoing rights of the Association or the Declarant, each Owner hereby agrees to maintain the Drainage Easement area at such Owner's sole cost and expense. If any structures or other obstructions are constructed, created or placed by any Owner within the Drainage Easement area without the prior written consent of the Association and/or the Declarant, the Declarant or the Association shall have the right to remove such structure or obstruction at the sole cost of such Owner. No construction or filling, without the written approval of the City of Colleyville shall be allowed within a drainage easement, and then only after detailed engineering plans and studies show that no flooding will result, that no obstruction to the natural flow of water will result, and subject to all Owners of the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two feet above the 100-year flood elevation. The maintenance of all drainage and utility easements located on private
ere construction is permitted, all finished floor elevations shall be a minimum of two feet above the 100-year flood elevation. The maintenance of all drainage and utility easements located on private property are the responsibility of the property Owner.
- 25Page 26 of 72 (c) Utility Easement. Any public utility, including the City of Colleyville, shall have the right to move and keep moved all or part of any building, fences, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easements shown on the plat; and any public utility, including the City of Colleyville, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all of part of its respective systems without the necessity at any time of procuring the permission of anyone.
Section 5.1 ARTICLE 5 OWNERS' ASSOCIATION Ado Establishment. The Association has heretofore been or will hereafter be created as a Texas non-profit corporation. Each Owner of a Lot shall be a member of the Association and such membership is appurtenant to and shall not be separated from ownership of a Lot. Upon the transfer of a Lot, the new Owner shall automatically become a member of the Association subject to this Declaration, its Bylaws, Articles, and any Rules and Regulations. The term of existence of the Association and other matters pertaining to its operation are set forth in its Certificate of Formation and the By-Laws. The Association is established to enforce this Declaration and the Covenants, to promote the interests of the Owners as residents of the
are set forth in its Certificate of Formation and the By-Laws. The Association is established to enforce this Declaration and the Covenants, to promote the interests of the Owners as residents of the Property, and to enhance the value of the Lots as part of a harmonious, high quality, residential subdivision.
Section 5.2 Membership; Voting Power (a) Generally; Classes of Members. Every Owner (including Declarant) shall automatically be and must remain a Member of the Association so long as such Person is an Owner. The membership of a Person in the Association shall terminate automatically whenever such Person ceases to be an Owner, except that such termination shall not release or relieve such Person from any liability or obligation arising under this Declaration during such Person's period of ownership Any transfer of title to a Lot shall operate automatically to transfer membership in the Association appurtenant to such Lot to the new Owner of such Lot. The Association shall have two classes of voting membership as follows: 11) Class A. The Class A Member shall be all Owners other than the Declarant and shall be entitled to one vote for each Lot owned. If more than one person owns an interest in a Lot, they shall combine their interests in such a way as they see fit, but there shall be no fractional votes, and no more than one vote with respect to any Lot.
(ii) Class B. The Class B Member shall be the Declarant, who shall be entitled to fifteen (15) votes for each Lot owned by such Declarant. Subject to the conditions set forth in the remainder of this paragraph, the Class B membership applicable to the Declarant's Property shall be converted to Class A membership upon the earlier of (i) the
bject to the conditions set forth in the remainder of this paragraph, the Class B membership applicable to the Declarant's Property shall be converted to Class A membership upon the earlier of (i) the Declarant no longer owns any Lots or any portion of land, or (ii) ten (10) years from this -26Page 27 of 72 filing of this Declaration, or (iii) the recording in the Records of Tarrant County, Texas, of a notice signed by the Declarant terminating its Class B membership. In determining the number of Lots owned by the Declarant for the purpose of Class B membership status hereunder, the total number of Lots covered by this Declaration, including all Lots annexed thereto in accordance with Sections 8.1 and/or 8.2 herein shall be considered. In the event the Class B membership has previously lapsed as provided in (i) above, but annexation of additional property restores the ratio of Lots owned by the Declarant to the number required for Class B membership status, such Class B membership shall be reinstated until it expires pursuant to the terms hereof. Exhibit C, Declarant's Representations and Reservations, may include information on the Class B and/or Declarant Control Period. In the event of a discrepancy, the term providing Declarant with the longer Class B and/or period of Declarant control shall be determined to be t ruling term by which the Association, its Board of Directors, and its Members shall abide with respect to the Class B Period and/or Declarant Control Period.
the (b) Members in Good Standing. A Member shall be considered to be a "Member in Good Standing” (herein so called) and eligible to vote on Association related matters if such Member: (i) Has, at least ten (10) days prior to the taking of any vote by the
nsidered to be a "Member in Good Standing” (herein so called) and eligible to vote on Association related matters if such Member: (i) Has, at least ten (10) days prior to the taking of any vote by the Association, fully paid all Assessments or other charges levied by the Association, as such Assessments or charges are provided for hereunder; (ii) Does not have a Notice of Unpaid Assessments filed by the Association against the Lot owned by such Owner, (iii) મહા Has not received any notice of a violation of this Declaration or any notice of violation of any design guidelines promulgated by the ACC, which violation is continuing and has not been cured by such Member in violation; and (iv) Has discharged all other obligations to the Association as may be required of Members hereunder or under the Association Documents.
The Board shall have the right and authority, in the Board's sole and absolute discretion, to waive the ten (10) day prier payment requirement in Section 5.2(b)(i) hereof and require only that such payment be made at any time before such vote is taken if the Board shall determine, in the Board's sole and exclusive judgment, that extenuating circumstances exist which have prevented prior payment. Any Member not conforming to the provisions of this Section shall be declared by the Board not to be a Member in Good Standing and any such Member shall not be entitled to vote on matters before the Association until such time as Member in Good Standing status is attained and so declared by the Board. Notwithstanding the foregoing or anything to the contrary contained herein, for as long as required under the Texas Residential Property Owners Protection Act, as amended from time to time (Texas Property Code, Section 209.001 et seq.),
thing to the contrary contained herein, for as long as required under the Texas Residential Property Owners Protection Act, as amended from time to time (Texas Property Code, Section 209.001 et seq.), nothing contained in this Section 5.2(b) shall prohibit a Member (whether or not such Member is a Member in Good Standing) from voting at any meeting of the Members to elect directors of the Board or on matters that affect such Member's rights or responsibilities with respect to the Lot owned by it.
-27Page 28 of 72 (c) Board of Directors Election. The Board shall be elected as provided in the Association Documents. The Board shall act by majority vote as provided in the Association Documents.
(d) Specific Powers of Board. Without limiting the authority granted to a board of directors under the Texas Business Organizations Code, the Board shall have the following specific powers on behalf of the Association. During the period of Declarant control, the Board's authority and/or responsibilities may be limited by the Declarant.
(1) to enforce the provisions of this Declaration; (2) to enter into contracts; (3) to retain third parties, as necessary, to assist the Board in carrying on the Association's activities, including engineers, accountants, lawyers, architects, land planners, professional management, and other consultants; (4) to take such action as necessary to maintain the Common Area and Common Amenities in good order and condition; (5) (6) Official Copy to acquire property, services and materials to carry out its duties; to purchase insurance covering potential liability for use of the Common Area and/or Common Amenities and for other risks; (7) (8) (9) to borrow money for Association purposes;
o carry out its duties; to purchase insurance covering potential liability for use of the Common Area and/or Common Amenities and for other risks; (7) (8) (9) to borrow money for Association purposes; to initiate and defend litigation, arbitration and other similar proceedings; to promulgate reasonable rules and regulations for access to and use of Common Area and/or Common Amenities as well as a policy establishing a schedule and procedures by which the Board may assess fines against Owners for violations of the Covenants or the Design Guidelines; to establish and collect reasonable fees for the use of any Common Amenities within or on the Common Area; and (11) to establish and collect a reasonable fee for copying and furnishing copies of the Association's governing documents and furnishing a Resale Certificate (as hereinafter defined) as and to the extent required by law. This function and the authority to collect and receive such fees may be delegated or assigned by the Board to the Association's Managing Agent.
Section 5.3 Officers. The Association will have such officers as are set forth in the Association Documents.
-28Page 29 of 72 Section 5.4 (a) Quorum, Notice and Voting Requirements.
Generally. Except as otherwise specifically provided in this Declaration, any action requiring the vote or approval of the Members or the Owners shall require the majority vote of the Members in Good Standing (both classes voting together), represented at a duly called meeting of the Members in person or by a legitimate proxy in form provided in the Association Documents or otherwise approved by the Board, at which a “Regular Quorum or a “Special Quorum” is present. Written notice of a meeting must be given to all Members not less
provided in the Association Documents or otherwise approved by the Board, at which a “Regular Quorum or a “Special Quorum” is present. Written notice of a meeting must be given to all Members not less than ten (10) days nor more than forty-five (45) days in advance of any such meeting and shall set forth the purpose(s) of such meeting. No action may be taken at a meeting on any matter that is not described in the applicable meeting notice as being on the agenda for (such meeting.
Notwithstanding anything herein to the contrary, to the extent permitted by applicable law and in the Association Documents from time to time, any action may be taken by written consent of the Members in lieu of formal meetings.
(b) Special Quorum. The quorum (a “Special Quorum required for any action referred to in Section 6.3(b) (maximum increase in Maintenance Assessments) hereof or Section 6.4(a) (Special Purpose Assessments) hereof: Members in Good Standing, represented at a duly called meeting of the Members in person or by a legitimate proxy in form provided in the Association Documents or otherwise approved by the Board, entitled to cast forty percent (40%) of all of the votes of Members in Good Standing (both classes of Members taken together) shall constitute a Special Quorum. If the required Special Quorum is not present at such meeting, that meeting may be adjourned, and an additional meeting may be called, subject to the notice requirement set forth herein, with the required Special Quorum at suck second (2nd) meeting being reduced to one-half (1/2) of the required Special Quorum at the preceding meeting; provided, however, that such second (2nd) meeting must be held not later than thirty (30) days after the first (1st) meeting. Further, if the
) of the required Special Quorum at the preceding meeting; provided, however, that such second (2nd) meeting must be held not later than thirty (30) days after the first (1st) meeting. Further, if the reduced required Special Quorum is not present at such second (2nd) called meeting, the adjournment of the meeting shall be continued, and one (1) additional meeting may be called, subject to the notice requirement set forth herein, with Declarant alone constituting the required Special Quorum at such third (Brd) meeting; provided that such third (3rd) meeting must be held not later than forty-five (45) days after the first (1st) meeting.
Regular Quorum. The quorum (a “Regular Quorum") required for any action other than the action referred to in Section 5.4(b) hereof shall be as follows: Members in Good Standing, represented at a duly called meeting of the Members in person or by a legitimate proxy in form provided in the Association Documents or otherwise approved by the Board, entitled to cast forty percent (40%) of all of the votes of Members in Good Standing (both classes of Members taken together) shall constitute a Regular Quorum. If the required Regular Quorum is not present at such meeting, that meeting may be adjourned, and an additional meeting may be called, subject to the notice requirement set forth herein, with the required Regular Quorum at such second (2nd) meeting being reduced to one-half (1/2) of the required Regular Quorum at the preceding meeting; provided, however, that such second (2nd) meeting must be held not later than thirty (30) days after the first (1st) meeting. Further, if the reduced required Regular Quorum is not present at such second (2nd) called meeting, the -29Page 30 of 72
g must be held not later than thirty (30) days after the first (1st) meeting. Further, if the reduced required Regular Quorum is not present at such second (2nd) called meeting, the -29Page 30 of 72 adjournment of the meeting shall be continued, and one (1) additional meeting may be called, subject to the notice requirement set forth herein, with Declarant alone constituting the required Regular Quorum at such third (3rd) meeting; provided that such third (3rd) meeting must be held not later than forty-five (45) days after the first (1st) meeting.
(d) Consent without a Meeting. As an alternative to the procedure set forth in this Section, any action may be taken without a meeting upon obtaining the assent given in writing and signed by Members in Good Standing who hold more than (i) forty percent (40%) of the outstanding votes eligible to be cast by Members in Good Standing (both classes of Members taken together) for actions referred to and requiring a Special Quorum as provided in Section 5.4(b) hereof, or (ii) twenty percent (20%) of the outstanding votes eligible to be cast by Members in Good Standing (both classes of Members taken together) for actions (referred to and requiring a Regular Quorum as provided in Section 5.4(c) hereof.
(e) Controlling Provisions. Except as set forth in this Section, the notice, voting and quorum requirements for all action to be taken by the Association shall be as set forth in the Association Documents. In the event a conflict exists between any requirement in of this Section 5.4 and the requirements of any Association Documents, the terms of this Section 5.4 shall prevail.
Dissolution. So long as the Declarant owns record title to any portion of the Property, the Association shall not be dissolved.
Section 5.5
tion Documents, the terms of this Section 5.4 shall prevail.
Dissolution. So long as the Declarant owns record title to any portion of the Property, the Association shall not be dissolved.
Section 5.5 interest in the Property, the Association mayee, the Declarant is divested of all ownership dissolved upon the written consent of Owners owning at least sixty-seven percent (67%) of the Lots, provided that (a) the assets of the Association shall be donated to a nonprofit organization selected by a majority of the Board and with purposes similar to the Association, and (b) such nonprofit organization must assume in writing the obligation to maintain the donated assets in accordance with the terms of this Declaration.
officia Section 6:1 ARTICLE 6 ASSESSMENTS Power to Establish Assessments. The Association is empowered to establish and collect Assessments as provided in this Article 6 for the purpose of obtaining funds to maintain the Common Area and/or Common Amenities, perform its other duties, and otherwise preserve and further the operation of the Property as a first-class, quality residential subdivision. The purposes for which Assessments may be used include, without limitation, maintaining, operating, managing, repairing, replacing or improving the Common Area, Common Amenities or any improvements thereon; mowing grass and maintaining grades and signs; paying legal fees and expenses incurred in enforcing this Declaration; paying expenses incurred in collecting and administering assessments; paying insurance premiums for liability and fidelity coverage for the ACC, the Board and the Association; and satisfying any indemnity obligation under the Association Documents.
- 30-