Document

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHAMBERLAIN PLACE Unofficial Riddle & Williams, P.C.

3710 Rawlins Street, Suite 1400 Dallas, Texas 75219 ALL RIGHTS RESERVED ARTICLE I DEFINITIONS Table of Contents Page 1 Section 1.1 "Assessment" Section 1.2 "Association" Section 1.3 "Base Assessment" Section 1.4 "Board of Directors" or "Board".

Section 1.5 "Builder" Section 1.6 "Bylaws" Section 1.7 "Certificate of Formation" or "Certificate".

Section 1.8 "Certificate of Occupancy" Section 1.9 "Class 'B' Control Period".

Section 1.10 "Committee" Section 1.11 "Common Area" Section 1.12 "Common Expenses" Section 1.13 "Community-Wide Standard".

Section 1.14 "Declarant".

Section 1.15 "Declaration" Section 1.16 "Design Guidelines" 2 2 .2 2 Section 1.17 "Development".

Section 1.18 "Development Period" Section 1.19 "Development Period Rights" Section 1.20 "Development Plan" Section 1.21 "Eligible Mortgage Holder"..

Section 1.22 "First Mortgage" Section 1.23 "First Mortgagee" Section 1.24 "Governing Documents" Section 1.25 "Lot" Section 1.26 "Member".

Section 1.27 "Mortgage".

Section 1.28 "Owner.

Section 1.29 "Person" Section 1.30 "Plat" Section 1.31 "Property" Section 1.32 "Resident" Section 1.33 "Residence".

Section 1.34 "Rules and Regulations" or "Rules" Section 1.35 "Special Assessment" Section 1.36 "Specific Assessment" Section 1.37 Supplemental Declaration" Section 1.38 "Town" i Unofficial 4 4 4 4 5 5 5 5 5 5 .5 5 6 6 6 .6 6 6 6 6 6 ARTICLE II PROPERTY RIGHTS.

6 Section 2.1 Common Area.

6 Section 2.2 Private Use.

7 Section 2.3 Delegation of Use 7 ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 3.1 Membership Section 3.2 Voting Section 3.3 Merger.

ARTICLE IV RIGHTS AND OBLIGATIONS OF THE ASSOCIATION.

vate Use.

7 Section 2.3 Delegation of Use 7 ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 3.1 Membership Section 3.2 Voting Section 3.3 Merger.

ARTICLE IV RIGHTS AND OBLIGATIONS OF THE ASSOCIATION.

Common Area....

Personal Property and Real Property for Common Use Rules and Regulations Compliance and Enforcement.

Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Implied Rights Section 4.6 Governmental Interests Section 4.7 Indemnification.

Section 4.8 Dedication of Common Area.

Section 4.9 Security Section 4.10 Mineral Interests 11 11 Unofficial ARTICLE V ΜΑΙΝΤΕΝANCE Section 5.1 11 Association Responsibility 11 Section 5.2 Owner Responsibility 12 Section 5.3 Standard of Performance 13 Section 5.4 Owner's Default in Maintenance.

13 Section 5.5 Party Structures.

13 Section 5.6 Rights of the Town 14 INSURANCE AND CASUALTY LOSSES.

Section 6.1 Association Insurance.

Section 6.2 Policy Requirements.

Section 6.3 Individual Insurance Section 6.4 Damage and Destruction...

Section 6.5 Disbursement of Proceeds Section 6.6 Repair and Reconstruction..

15 15 15 16 16 17 17 ii ARTICLE VII NO PARTITION ARTICLE VIII CONDEMNATION 17 Section 8.1 Condemnation..

Section 8.2 Disbursement ARTICLE IX ASSOCIATION FINANCES.

Section 9.1 Assessment Section 9.2 Base Assessment.

Section 9.3 Special Assessments Section 9.4 Specific Assessments.

Section 9.5 Lien for Assessments Section 9.6 Section 9.7 Section 9.8 ARTICLE X Date of Commencement of Assessments Capitalization of the Association..

Exempt Property ARCHITECTURAL STANDARDS Section 10.1 General...

Section 10.2 Architectural Review Section 10.3 Guidelines and Procedures Section 10.4 No Waiver of Future Approvals Section 10.5 Variances Section 10.6 Limitation of Liability Section 10.7 Fees; Assistance...

10.2 Architectural Review Section 10.3 Guidelines and Procedures Section 10.4 No Waiver of Future Approvals Section 10.5 Variances Section 10.6 Limitation of Liability Section 10.7 Fees; Assistance...

Section 10.8 Construction Deposit Section 10.9 Enforcement.

Section 10.10 Notice of Violation.

25 25 .25 .25 26 .26 27 17 17 17 Unofficial ARTICLE XI USE RESTRICTIONS.

27 Section 11.1 General .27 Section 11.2 Occupants Bound.

.27 Section 11.3 Signs .27 Section 11.4 Parking and Prohibited Vehicles .28 Section 11.5 Animals and Pets .28 Section 11.6 Quiet Enjoyment.

.29 Section 11.7 Unsightly or Unkempt Conditions.

.29 Section 11.8 Antennas .29 Section 11.9 Garbage Cans, Tanks, etc.

.29 Section 11.10 Subdivision and Time Sharing.

30 iii Section 11.11 Firearms 30 Section 11.12 Pools 30 Section 11.13 Irrigation 30 Section 11.14 Tents, Sheds, Mobile Homes and Structures 30 Section 11.15 Grading, Drainage and Septic Systems 30 Section 11.16 Removal of Plants and Trees 31 Section 11.17 Utility Lines 31 Section 11.18 Air-Conditioning Units; Solar Energy Devices 31 Section 11.19 Lighting.

31 Section 11.20 Exterior Sculpture and Similar Items 31 Section 11.21 Flags...

Section 11.22 Religious Displays Section 11.23 Playground and Recreational Equipment Section 11.24 Fences Section 11.25 Business Use Section 11.26 Leasing of Lots Section 11.27 Laws and Ordinances..

Section 11.28 Single Family Occupancy.

Section 11.29 Window Treatments....

ARTICLE XII.

MORTGAGEE PROVISIONS Section 12.1 Notices of Action Section 12.2 No Priority Section 12.3 Notice to Association.

Section 12.4 Other Provisions for Mortgagees Section 12.5 Amendments by Board Section 12.6 Failure of Mortgagee to Respond..

Section 12.7 Applicability of Article XII ARTICLE XIII EASEMENTS.

ociation.

Section 12.4 Other Provisions for Mortgagees Section 12.5 Amendments by Board Section 12.6 Failure of Mortgagee to Respond..

Section 12.7 Applicability of Article XII ARTICLE XIII EASEMENTS.

Section 13.1 Easements of Encroachment.

.35 35 35 Unofficial 36 .36 Section 13.2 Easements for. Utilities, etc 36 Section 13.3 Right of Entry 36 Section 13.4 Easement for Entry and Screening Features.

.37 Section 13.5 Easements for Certain Owners .37 Section 13.6 Construction and Sale Period Easement .38 Section 13.7 Easement to Inspect and Right to Correct 38 Section 13.8 Easements to Serve Additional Property 38 ARTICLE XIV ΑΝΝΕΧΑΤΙON AND WITHDRAWAL OF PROPERTY Section 14.1 Annexation Without Approval of Membership.

Section 142 Annexation With Approval of Membership Section 14.3 Withdrawal of Property iv 39 39 39 39 Section 14.4 Additional Covenants and Easements ARTICLE XV DECLARANT'S RIGHTS...

Section 15.1 General Section 15.2 Additional Covenants.

Section 15.3 Assignment .39 Section 16.1 ARTICLE XVI ALTERNATIVE DISPUTE RESOLUTION Consensus for Association Action Section 16.2 Alternative Method for Resolving Disputes Section 16.3 Claims Section 16.4 Mandatory Procedures ARTICLE XVII GENERAL PROVISIONS Section 17.1 Term Section 17.2 Amendment Section 17.3 Severability Section 17.4 Liberal Construction Section 17.5 Notice of Sale or Transfer of Title ACKNOWLEDGMENT.

EXHIBITS: EXHIBIT "A"- Property Initially Subject to Declaration EXHIBIT "B" - Property Subject to Annexation EXHIBIT "C"- Bylaws of Chamberlain Place Homeowners Association, Inc.

EXHIBIT "D"- Certificate of Formation of Chamberlain Place Homeowners Association, Inc.

EXHIBIT "E"- Design Guidelines 40 40 41 41 Unofficial V DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHAMBERLAIN PLACE

icate of Formation of Chamberlain Place Homeowners Association, Inc.

EXHIBIT "E"- Design Guidelines 40 40 41 41 Unofficial V DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHAMBERLAIN PLACE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC FOR CHAMBERLAIN PLACE (this "Declaration") is made this day of 2017, by CHAMBERLAIN PLACE, LP, a Texas limited partnership (hereinafter referred to a: "Declarant").

WITNESSETH: WHEREAS, Declarant is the owner of the real property By to establish a method for the administration, mainte such Property as is now or hereafter subjected to thisgD ame conveyed subject to the following easements, restrictions, covénanlsA i b are for the purpose of this Declaration. This Declaration shall bé bindins ieShaving any right, title or interest in the described Property or any part ¢ the assigns, and shall inure to the benef @fided to create a condominium within the Act, Tex. Prop. Code Ann. §82.001 ef seq. (the This Declaration doeg no meaning of the Texas Unifor1 "Condominium Act").

ARTICLE I DEFINITIONS én and the exhibits to this Declaration shall generally be given > cepted definitions except as otherwise specified. Capitalized terms Ce vo TAT TT MOT I Section 1.1 "Assessment" shall refer to any charge levied against a Lot or Owner by the Association, pursuant to the Governing Documents or by law, including but not limited to Base Assessments, Special Assessments, Specific Assessments, Acquisition Assessments, and Resale Assessments, and any charges related to the collection thereof, including, interest, late

ot limited to Base Assessments, Special Assessments, Specific Assessments, Acquisition Assessments, and Resale Assessments, and any charges related to the collection thereof, including, interest, late charges, collection costs, attorney’s fees and costs, all as defined in Article IX of this Declaration.

Section 1.2. "Association" shall refer to Chamberlain Place Homeowners Association, Inc., a Texas non-profit corporation, its successors or assigns.

Section 1.3. "Base Assessment" shall refer to assessments levied on all Lots subjé assessment under Article IX to fund Common Expenses for the general benefit of all Lots.

Section 1.4 "Board of Directors" or "Board" shall be the body responsible administration of the Association, selected as provided in the Governing Docurge generally serving the same role as the board of directors under Texas corpogate law.

Section 1.5 "Builder" shall mean any Person which purchgsts purchase, one or more Lots within the Property from the Declarant or frogh a Byi purpose of constructing a Residence thereon for resale to consumers or under co Section 1.6 "Bylaws" shall refer to ¥ Association, Inc. attached hereto as Exhibip," amended from time to time.

Section 1.9 the Class "B" Men MALL TAT ETT NT MTT TE ttl (c) when, in its discretion, the Class "B" Member so determines.

Section 1.10 "Committee" shall mean the Architectural Review Committee.

Section 1.11 “Common Area" shall mean all real and personal property, including easements, which the Association owns, leases or otherwise holds possessory or use rights in and for the common use and enjoyment of the Owners or dedicated to the Association either by separate instrument or as shown on the Plat of the Property or any portion thereof filed or

r use rights in and for the common use and enjoyment of the Owners or dedicated to the Association either by separate instrument or as shown on the Plat of the Property or any portion thereof filed or approved by Declarant. The Common Area consists of the following components, and any modifications, improvements or additions thereto, on or adjacent to the Property, even if logé on a Lot or public right-of-way: (i) the Property, save and except the Lots; (ii) the land desé in Exhibit "A" as Common Area 1A, 1B, 1C and 2A and all improvements on such Co irrigation, electrical and water installations, planter boxes and fencing; Lot 10, Block C and Common Area 1C as shown on the Plat, in irrigation (the trails therein to be maintained by the Town); and (v) persone the Association, such as books and records, office equipment, and supplies.

Chamberlain Place Drive as shown on the Plat, including any monumentsi o> Section 1.12 "Common Expenses" shall mean the acphal incurred, or anticipated being incurred, by the Associgéi including any reasonable reserve, as the Board arg] appropriate imitation, the g, and professional fees cts, engineers or similar grating the Association, such as wBeneficial to the Development in general. Common gnses incurred during the Development Period for initial ction costs incurred by the Declarant unless approved by SOM ATA TA MR TUONO TT Such standard shall be established initially by the Declarant and may include both objective and subjective elements. The Community-Wide Standard may evolve and change as development progresses and as the needs and desires within the Property change.

Section 1.14 "Declarant" shall refer to Chamberlain Place, LP, a Texas limited

ty-Wide Standard may evolve and change as development progresses and as the needs and desires within the Property change.

Section 1.14 "Declarant" shall refer to Chamberlain Place, LP, a Texas limited partnership, and its successors-in-title and assigns, provided any such successor-i in-title or assign shall acquire such interest for the purpose of development or sale of all or any portion of the remaining undeveloped or unsold portions of the Property and is designated as the "Declarant" hereunder in a recorded instrument executed by the immediately-preceding "Declarant". Upon designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease.

Section 1.15 "Declaration" shall refer to this instrument, as it may be amended & supplemented from time to time.

Section 1.16 "Design Guidelines" shall mean and refer to those particular yfandards, restrictions, guidelines, recommendations and specifications applicable to most of thé agfect} of construction, placement, location, alteration, maintenance and design “yn E within the Property, and all amendments, bulletins, modificati incorporated by reference.

Section 1.17 "Development" shall mean and refer to Chgfhbe including all of the Property, Common Area and Lots.

Section 1.18 "Development Period" shal wments*without the consent or approval of other Owners or I; and (vii) exercise the rights set forth in Article XV hereof Vi TMT TOM which includes all of the property described in Exhibit "A" and all or a portion of the property described in Exhibit "B". Inclusion of property on the Development Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration, nor shall

n of the property described in Exhibit "B". Inclusion of property on the Development Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration, nor shall exclusion of property described on Exhibit "B" from the Development Plan bar its later annexation, as provided in Article II.

Section 1.21 "Eligible Mortgage Holder" shall mean those holders of First Mortgages secured by Lots in the Property who have requested notice of certain items as set forth in this Declaration.

Section 1.22 "First Mortgage" shall mean any Mortgage which is not subject to an or encumbrance except the taxes or other liens which are given priority by statute or agree Mortgage. i case may be, this Declaration, the Bylaws, the Certificate of Fog Regulations (if any) and the Design Guidelines (as adopted pursuant to’¥ be supplemented and amended from time to time.

Section 1.24 "Governing Documents" shall refer to, singularly gr selleey Section 1 25 "Lot" shall mean a portion of the Propegy Thereafter, the portion encompassed by this Section. Some portions of the Co Section 1.26 "Member" shall Association.

gage, a deed of trust, a deed to secure gagee" shall refer to a beneficiary or holder of a Section 1.27 "Mortga 4 ef through non-judicial foreclosure are considered Owners sc" shall include Declarant.

CWT TAO ROD WOOO OOOO CAY ATCO TTT TMT : trustee, a limited liability company or any other legal entity.

Section 1.30 "Plat" shall refer to, all plats, singularly and collectively, recorded in the Real Property Records of Collin County, Texas, and pertaining to Chamberlain Place, an addition to the Town of Fairview, Texas, as such plat(s) may be amended from time to time,

ively, recorded in the Real Property Records of Collin County, Texas, and pertaining to Chamberlain Place, an addition to the Town of Fairview, Texas, as such plat(s) may be amended from time to time, which includes all of the property described in Exhibit "A" and such additions thereto as may hereafter be brought within the jurisdiction of the Association and made subject to this Declaration.

Section 1.31 "Property" shall mean and refer to the real property described in "Exhibit "A" attached hereto and all improvements, easements, rights, and appurtenances to the je property, and such additions thereto as may hereafter be brought within the jurisdiction & Association and made subject to this Declaration.

Section 1.32 "Resident" shall mean an occupant of a Residence, regardless of whethg the Person is the record title holder of the Lot.

Section 1.33 "Residence" shall mean a residential dwelling s con Lot and which is intended to be used and occupied as a residence for as apa Section 1.34 "Rules and Regulations" or "Rules" shall mean an} regulations oe implemented or published by the Association Oo Bve agents and contractors within the Property.

Section 1.35 "Special Assessment" shq all Owners to cover unanticipated expenses gr e in Section 9.3.

Section 1.36 Section 9.4.

aK, mean an instrument recorded pursuant ion and/or to impose, expressly or by Section 1.38 "Town" a Every Owner shall have a right and nonexclusive easement ent in and to the Common Area, including, but not limited to, a A TA ATS AMA ONC SOS OC AD OTOL TS OTT I MUTT (a) this Declaration and any other applicable covenants or easements, as they may be amended from time to time, and subject to any restrictions or limitations contained in any deed conveying such property to the Association;

any other applicable covenants or easements, as they may be amended from time to time, and subject to any restrictions or limitations contained in any deed conveying such property to the Association; (b) the right of the Board to adopt rules regulating the use and enjoyment of the Common Area, including the right to designate portions of the Common Area for private use on a temporary basis to the exclusion of other Persons; (c) the right of the Board to suspend the right of an Owner to use recreational facilities (i) for any period during which any Assessment or other charge against such Owner's/Dq remains delinquent, and (ii) for a period not to exceed thirty (30) days for a single violattg for a longer period in the case of any continuing violation of the Governing Documents 2 notice and a hearing pursuant to the Bylaws; (d) the right of the Board to dedicate or transfer all or any part of the Com pursuant to Section 4.8; and (e) the right of the Board to mortgage, pledge or pone, Property’s Owners and Residents and their guests q Declarant intends for the Common Area to be a publg ql TOMA TAT AT OT OOOO MO EO ATT A ENT i (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall be entitled to one equal vote for each Lot in which they hold the _ interest required for membership under Section 3.1, except that there shall be only one vote per Lot.

Where there is more than one Owner of a Lot, the vote for such Lot shall be exercised as the co-Owners determine between themselves and advise the Secretary of the Association in writing prior to the vote being cast. In the absence of such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise it.

lves and advise the Secretary of the Association in writing prior to the vote being cast. In the absence of such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise it.

(b) Class "B". The Class "B" Member shall be the Declarant. The Class "B" Meky shall be entitled to three (3) votes for each Lot it owns and it shall be entitled to appoint majority of the members of the Board during the Class "B" Control Period, in the manner specified in the Bylaws. Additional rights of the Class "B" Member are specified in the rglevas sections of the Governing Documents.

The Class "B" membership shall terminate and become ey to membership upon the earlier of: (i) one (1) year after expiration of the Class "B" Control Perig (ii) when, in its discretion, the Declarant so detey a recorded instrument.

Section 3.3 Merger. Merger g association must be evidenced by an a approved by Owners of at least a ma Development Period. ae a merger, the i, subject to the terms of aig easement or other agreement with the owner, shall be responsible | for the exclusive ai and control AAA LAA TT ETT TT HMMM: equipment and common landscaped areas), and shall keep it in good, clean, attractive and sanitary condition, order and repair, pursuant to the terms and conditions hereof and consistent with the Community-Wide Standard.

Section 4.2 Personal Property and Real Property for Common Use. The Association may acquire, hold and dispose of tangible and intangible personal property and real property, subject to such restrictions as are set forth in the Governing Documents. The Declarant and its designees may convey to the Association personal property and fee title, leasehold, or other interests in any improved or unimproved real estate located within the Property, including

eclarant and its designees may convey to the Association personal property and fee title, leasehold, or other interests in any improved or unimproved real estate located within the Property, including the Common Area. Upon conveyance or dedication by the Declarant to the Association, such property shall be accepted by the Association and thereafter shall be maintained by Association at its expense for the benefit of its Members, subject to any restrictions set fo: the deed of conveyance. Upon written request of the Declarant, the Association shall re-con to Declarant for no or nominal monetary consideration any unimproved portions of the Propert originally conveyed by Declarant to the Association for no or nominal monetary considezats to the extent conveyed in error or needed by Declarant to make minor adjustments i occupancy, leasing, use, disposition, maintenance, appearance, and enjoym Areas and Lots, which Rules and Regulations may include the rig Such regulations shall be consistent with the rights and duties estg Such regulations shall be binding upon all Owners, o i and unless overruled, canceled or modified in a reg for violations of the Governing Doc following: (a) imposing reasonable mopeta Lot; gtp (specifically including, but not limited to, towing of vehicles that iolation of the Governing Documents, removing nonconforming provements pursuant to Section 10.9 and performing maintenance on an HALE TT AAT LO OO OTS $20 erent NN Nl atl lh hbk al ence tt en so ll Owner’s Lot pursuant to Section 5.4); (e) recording a Notice of Violation pursuant to Section 10.10; (f) levying a Specific Assessment pursuant to Section 9.4; and (g) taking any other action to abate a violation of the Governing Documents.

) recording a Notice of Violation pursuant to Section 10.10; (f) levying a Specific Assessment pursuant to Section 9.4; and (g) taking any other action to abate a violation of the Governing Documents.

In addition to any other enforcement rights, the Association or any Owner may bring suit in law or in equity, or both, to enjoin any violation or to recover monetary damages, or both. All remedies set forth in the Governing Documents shall be cumulative of any remedies availablg”™ law or in equity. The Association shall be entitled to recover all costs, including, with limitation, attorney's fees and court costs reasonably incurred in enforcing the Governik Documents. Failure by the Association to enforce any the foregoing or any other right or remed of the Association shall in no event be deemed a waiver of the right to do so thereafter.

but not the obligation, to enforce applicable county and city ordinances be obligated to, permit Collin County and the Town to enforce ordinance benefit of the Association and its Members.

Section 4.5 Implied Rights. The Association may exercise ary given to it expressly by the Governing Documents. The Associa other right or privilege reasonably implied from or regsgnably n¢ right or privilege. > Except as otherwise specifically providgd iy*the rights and powers of the Association maybe é membership.

edfby Section 8.001 et seg. of the Texas Business e odse of any such amendment, only to the extent that dewwfification than permitted prior to such amendment).

d for herein shall not be exclusive of any other rights to Sr, director or committee member may be entitled. The pense, maintain adequate general liability and officers’ and Sto fund this obligation, if such insurance is reasonably available. The

er rights to Sr, director or committee member may be entitled. The pense, maintain adequate general liability and officers’ and Sto fund this obligation, if such insurance is reasonably available. The ave no personal liability with respect to any contract or other taken in good faith on behalf of the Association.

SEAT TO AUT MT AMT MA MOAT SRE OOOMOTOOO EE OTTO TA I A REDE Section 4.8 Dedication of Common Area. Subject to such approval requirements as may be set forth in this Declaration, the Association shall have the power to dedicate portions of the Common Area to Collin County, Texas, or to any other local, state or federal governmental entity.

Section 4.9 Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Property designed to enhance the security of the Property.

NEITHER THE ASSOCIATION, THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE PROPERTY, NOR SHALL SUCH PARTIES BE HELD LIABLE FOR ANY LOSS OR DAMAGE FOR FAILURE TO PROVIDE ADEQU SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN.

THE ASSOCIATION, DECLARANT, ANY SUCCESSOR DECLARANT, ane ARCHITECTURAL REVIEW COMMITTEE MAKE NO _ REPRESENTATIO WARRANTY THAT ANY SYSTEMS OR MEASURES, INCLUDING ANY MECHA! ISM.

DEVICE OR PERSON EMPLOYED TO LIMIT OR RESTRIC PROPERTY CANNOT BE COMPROMISED OR CIRCUMVENTED; of SYSTEMS OR SECURITY MEASURES UNDERTAKEN WILL IN THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM INCLUDING LOTS AND THE CONTENTS THIRD PARTIES.

syed ptSuant to one or more deeds p, each Owner acknowledges the reserved by one or more prior owners of B or other instruments. By accepting title Op Declarant hereby reserves for itgé minerals and water in, on, and

one or more deeds p, each Owner acknowledges the reserved by one or more prior owners of B or other instruments. By accepting title Op Declarant hereby reserves for itgé minerals and water in, on, and abject\o the tévfns of any easement or other agreement with the Town or .¢ Association shall maintain and keep in good repair the Common include, but need not be limited to: TT A TS TMT (a) All portions of and all landscaping, structures and improvements situated upon the Common Area, including, without limitation, (i) all grass median strips; (ii) all entry features and monuments including the expenses for water and electricity, if any, provided to all such entry features; (iii) any irrigation or drainage systems located on the Common Area; and (iv) the splitrail wood fence along the north side of Lot 1, Block C, and along the east side of Lot 8, Block A; (b) street lights within the Property; (c) any real or personal property owned by the Association but which is not a Common Area, such as a Lot owned by the Association; (d) landscaping and other flora within public rights-of-way abutting the Common (subject to the terms of any easement or other agreement relating thereto); and (e) such portions of any additional property located adjacent to the Prope maintenance of which is deemed to be in the best interest of the Association to maintai must be maintained according to this Declaration, any Supplemental Declaration, a to share costs, or any contract or agreement for maintenance engl Association.

Area and the Area of Common Responsibility shi agree in writing to discontinue such operation. aud) if any.

ent of the Common Area ®imbursement from the The costs associated with maint shall be a Common Expense; provided owner(s) of, or other Persons responsibld

g to discontinue such operation. aud) if any.

ent of the Common Area ®imbursement from the The costs associated with maint shall be a Common Expense; provided owner(s) of, or other Persons responsibld this Declaration, a covenant to share cog owner(s) thereof.

the north and south side of Chamberlain Place onument signage, street median, mindscaping.

TCT TATE TET TTT nT ru of the shared retaining wall, as appropriate and necessary to effect the purposes and provisions of this Section. Notwithstanding anything contained in this Section 5.2 to the contrary, an Owner may not alter, modify or relocate a shared retaining wall in any manner that affects the use, condition, or appearance of the shared retaining wall to the adjoining Lot, without the prior written consent of the Owner of the adjoining Lot.

Section 5.3 Standard of Performance. Unless otherwise specifically provided in the Governing Documents, responsibility for maintenance shall include responsibility for repair and replacement necessary to maintain his or her Lot to a level consistent with the Community-Wide Standard. Specifically, each Owner must (i) repair and replace worn, rotten, deteriorated, and unattractive materials; (ii) regularly repaint all painted surfaces; (iii) regularly re-stain all staip&t surfaces; (iv) maintain (including mowing and edging) all yards, including fenced and unfelk portions of the Lots and public right of ways abutting the Lots, in a neatly manicured, healt and well-groomed condition (weeds and grass not to exceed six inches (6") in height); (v) remove diseased, dying or dead plant material, and promptly replace such material with plgatse a similar or superior quality and appearance and that maintain the minimum Jéhdscape

(6") in height); (v) remove diseased, dying or dead plant material, and promptly replace such material with plgatse a similar or superior quality and appearance and that maintain the minimum Jéhdscape requirements of Exhibit "E"; (vi) keep the yard irrigation system in gogg repair ghd 4 sprinkler heads, irrigation lines and other irrigation equipment as rss m lat maintenance; and (vii) keep his or her yard free of litter, trash, atd/dep i gha replacement shall include improvement, if necessary to comply with applicabi€ other regulations or if otherwise deemed appropriate, in the Board’s reasonabl&d Owner further covenants and agrees that in the event of damage to or g ig accordance with Section 9.4. However, thew and an opportunity to cure the prob i Ach fence (other than retaining walls constructed beteMmailbox or driveway built as a part of the original erve and/or separate any two adjoining Lots shall constitute consistent with the provisions of this Section, the general es and liability for property damage due to negligence or POT TAT NOLO ECO UOMO co OE TOT iM The Owner on each side of a party structure hereby grants to the Owner on the other side of the party structure an easement for (i) the existence and continuance of any encroachment of the party structure as a result of original construction, repairs in place, shifting, settlement, or movement by natural causes, and (ii) the maintenance, repair, replacement, or reconstruction of the party structure, as appropriate and necessary to effect the purposes and provisions of this Section. Notwithstanding anything contained in this Section 5.5(b) to the contrary, an Owner may not alter, modify or relocate a shared retaining wall in any manner that affects the use,

sions of this Section. Notwithstanding anything contained in this Section 5.5(b) to the contrary, an Owner may not alter, modify or relocate a shared retaining wall in any manner that affects the use, condition, or appearance of the shared retaining wall to the adjoining Lot, without the prior written consent of the Owner of the adjoining Lot.

(c) Damage and Destruction. If a party structure is destroyed or damaged by fire or o casualty, then to the extent that such damage is not covered by insurance and repaired out proceeds of insurance, any Owner who benefits from the use of the party structure may restore x If other Owners thereafter use the party structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a ery contribution from the other users under any rule of law regarding liability for negligent g 1 acts or omissions.

(d) Right to Contribution Runs With Land. The right of any O Association and/or the Declarant shall ha Members concerning a party structure.

its lawful agents shall have therigh days), to remove any la efttfis Declaration or of any applicable Fairview Town assess the Association for all costs incurred by the Town in & Association fails to do so; and to avail itself of any other e Town pursuant to state law or Fairview Town codes, hould the Town exercise its rights as specified above, the | | !

ANTAL a ANAL AC TE ESTO Ty maintained by the Association or from the Town’s performance of the aforementioned operations, maintenance or supervision responsibilities of the Association due to the Association’s failure to perform said duties.

ARTICLE VI iT INSURANCE AND CASUALTY LOSSES ili

f the aforementioned operations, maintenance or supervision responsibilities of the Association due to the Association’s failure to perform said duties.

ARTICLE VI iT INSURANCE AND CASUALTY LOSSES ili Section 6.1 Association Insurance. The Association shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available: . | (a) blanket "all-risk" property insurance for all insurable improvements on the Contig Area in the event of a casualty, regardless of ownership. If such coverage is not generalk available at reasonable cost, then at a minimum an insurance policy providing fire and extended coverage, including coverage for vandalism and malicious mischief shall be obtained. Theef amount of such insurance shall be sufficient to cover the full replacement cost of the property under current building codes and ordinances; available at reasonable cost, such policy shall have a limit of a occurrence with respect to bodily injury, personal injury and propey (c) commercial crime insurance, including responsible for handling Association funds in an gai& judgment, but not less than an amount equal to all Lots plus reserves on hand. Fidelity ins (d) workers' compensation ins extent required by law; (e) director’s and officers committee members; and (f) such additional igsuré e Board, in its business judgment, determines | advisable.

ay dgntait\a yéasonable deductible and the amrcuntt thereof shall not be subtracted iat of The es in determining whether the insurance at least equals the Ta Common Expense in the same manner as the premiums for the applicable insurance coverage.

cuntt thereof shall not be subtracted iat of The es in determining whether the insurance at least equals the Ta Common Expense in the same manner as the premiums for the applicable insurance coverage.

However, if the Board reasonably determines, after notice and an opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or willful conduct of one ~ or more Owners, their guests, invitees, or lessees, then the Board may specifically assess the full | amount of such deductible against such Owner(s) and their Lot(s) as a Specific Assessment. | Section 6.3 Individual Insurance. By virtue of taking title to a Lot, each Owner covenants and agrees with all other Owners and with the Association that each Owner shall carry blanket "all-risk" property insurance on his or her Lot (s) and structures constructed thereon providing full replacement cost coverage (less a reasonable deductible), unless the Association carries such insurance (which it is not obligated to do so hereunder). Further, each Owner sbé obtain and maintain general liability insurance on his or her Lot. If an Owner fails to mai required insurance, the Board may obtain insurance on behalf of the Owner. If the Associatidy assumes responsibility for obtaining any insurance coverage on behalf of an Owner, the premiums for such insurance shall be levied as a Specific Assessment against the benefittgd-e and the Owner. Each Owner and Resident is solely responsible for insuring his or herffergonal property in his or her Residence and on the Lot, including furnishings, ss é equipment and stored items.

Section 6.4 Damage and Destruction.

by the Association, the Board or its duly authorized agent shall proces ona ain religb repaired or reconstructed etotal Class "A" votes in |

pment and stored items.

Section 6.4 Damage and Destruction.

by the Association, the Board or its duly authorized agent shall proces ona ain religb repaired or reconstructed etotal Class "A" votes in | y (60) days after the loss (c) If it is defernpimed in the ttteamerrtfescribed above that the damage or destruction to the coal f ot bs reps ed or reconstructed and no alternative improvements are be cleared of all debris and ruins and thereafter shall be | | Ta AO OO OTC OOTOO VEAP © OT? OO AMT, Section 6.5 Disbursement of Proceeds. Any insurance proceeds remaining after paying the costs of repair or reconstruction, or such settlement as is necessary and appropriate, shall be retained by and for the benefit of the Association and its Members and placed in a capital improvements account. This is a covenant for the benefit of any Mortgagee of a Lot and may be enforced by such Mortgagee.

Section 6.6 Repair and Reconstruction. If the insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without the vote of the Members, levy a Special Assessment to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 6.2.

ARTICLE VII NO PARTITION Except as permitted in this Declaration, the Common Area shall remain undivided Owners and Mortgagees. This Article shall not be construed to prohjbit the Qéard acquiring and disposing of tangible personal property nor from acquiri ispogi property which may or may not be subject to this Declaration.

ARTICLE VIII CONDEMNATION Section 8.1 Condemnation. If any part of, conveyed in lieu of and under threat of condemn

TICLE VIII CONDEMNATION Section 8.1 Condemnation. If any part of, conveyed in lieu of and under threat of condemn in the Association and of the Class "B" Membe condemnation or eminent domain, each O J otice ‘of such taking or conveyance prior to disbursement of any ion\awartk or proceeds from such conveyance. Such award or proceeds shfill be iatigm to be disbursed as set forth in this Article.

Section 8.2 Disbursement. If tite which improvements have been coysén ass "B" Member, if any, and Members »f the total Class "A" vote of the Association 1 be in accordance with plans approved by the DW Le a AAA AO AO ANOS NEO DECOY mur!

ASSOCIATION FINANCES | ARTICLE IX Section 9.1 Assessment. ill (a) Personal Obligation. Except as hereinafter provided, each Owner, by accepting a | deed for any portion of the Property, is deemed to covenant and agree to pay all Assessments authorized by the Governing Documents. All Assessments, together with interest (at a rate not to exceed eighteen percent (18%) per annum, or such higher rate as the Board may establish by resolution, subject to the limitations of Texas law), late charges as determined by Boéi resolution, costs and reasonable attorney's fees, shall be the personal obligation of each O% upon whom the Assessment or charge is assessed and a lien upon each such Owner’s Lot paid in full. Except as provided in Section 9.6, upon the transfer of title to a Lot, the grantec shall be jointly and severally liable for any Assessments or charges due at the tiprese conveyance.

(b) Resale Certificate. The Association shall, within ten (10) written request from an Owner, Owner’s agent or title i insurance compat

le for any Assessments or charges due at the tiprese conveyance.

(b) Resale Certificate. The Association shall, within ten (10) written request from an Owner, Owner’s agent or title i insurance compat date of the certificate. The Association may requirgythe adva processing fee for the issuance of such certificate. > delinquent in paying any Assessments lew unpaid installments of all outstandipe* rom Assessment pursuant to Section 9.8 himself from liability for any Assessments by bef! be claimed or allowed by reason i of any alleged e action or perform some function required to be taken or ény action taken to comply with any law, ordinance, or with municipal or other governmental authority or for any other action e Association.

TL A NAT ECT A TT AM TT rm I TMT i (e) Budget Deficits. During the Development Period, the Declarant shall be exempt from the payment of Assessments. During the Class "B" Control Period only, Declarant shall loan the difference between the amount of assessments (exclusive of reserve contributions) levied on all other Lots subject to assessment and the amount of actual expenditures (exclusive | of reserve contributions) incurred by the Association during each fiscal year (the "budget tH) deficit"). This obligation to fund budget deficits shall cease upon the termination of the Class "B" Membership. The Association shall have a lien against all Lots owned by the Declarant to secure the Declarant’s obligations under this Section, which lien shall have the same attributes and shall be enforceable in the same manner as the Association's lien against other Lots under this Article. ilk The Declarant’s obligations hereunder may be satisfied in the form of a loan or by "in kj |

shall be enforceable in the same manner as the Association's lien against other Lots under this Article. ilk The Declarant’s obligations hereunder may be satisfied in the form of a loan or by "in kj | contributions of services or materials, or by a combination of these as determined by Declaray Declarant’s absolute discretion. After termination of the Class "B" Membership, the Declaray shall pay assessments on its unsold Lots in the same manner as any other Owner.

above), which may be either a contribution, or a loan, in the Declarant's g6 payment of a subsidy (in addition to any amounts paid by such Declarantyunder Seftiogf 9. Ke such subsidy shall be disclosed as a line item in the income portion of x Association.

Section 9.2 Base Assessment.

(a) get. At least thirty (30) days bef fisgél ygar, the Board shall prepare a budget covering the estimated GO ion during the coming year, including any contributions tg ome 8 “scffing the Class "B" j De vere fully developed, fully maintenance typical for 2 fat are current for the period gn attributable to the Declarant phased, fully constructed and fully occupi similar developments in the surrounding % A oved, vacant or occupied) subject to Assessment (i.e. the ba level which is reasonably expected to produce the total tN Lt A TA MT va AO MOM EDT TTT TTT may, subject to the limitations of Section 9.2(c) below, increase the Base Assessment for the remainder of the year in an amount that covers the estimated deficiency.

(c) Notice; Disapproval. The Board shall send notice of the amount of the Base Assessment to be levied pursuant to the Board approved budget, or the amount of any proposed increase in the Base Assessment during the year, to each Owner at least thirty (30) days prior to

the Base Assessment to be levied pursuant to the Board approved budget, or the amount of any proposed increase in the Base Assessment during the year, to each Owner at least thirty (30) days prior to the effective date of such budget or increase. During the Class "B" Control Period, the Base Assessment shall automatically become effective upon Board approval. Thereafter, the Base Assessment shall automatically become effective upon Board approval unless the proposed Base Assessment exceeds one hundred twenty percent (120%) of the prior fiscal year's Bane Assessment. In the event the proposed Base Assessment exceeds this percentage, the Bat Assessment shall automatically become effective unless disapproved by the Declarant durirfg Development Period or by Members representing at least fifty-one percent (51%) of the totg Class "A" votes in the Association.

meetings in the Bylaws, which petition must be presented to the Board Assessment or an increase thereof except on petition of the Members a delivery of the budget and notice of the Base Assessment or notice of gM Section 9.3. Special Assessments.

Section 9.4 Specific Assessments of providing benefits, items or services not provided to all Lots, ap® maintenance, pest control service, security and transportation TOW AAT FACLIVAEEE OEOTOT NTO AE EU TMT item or service as a deposit against charges to be incurred; (c) for fines levied pursuant to the Governing Documents; (d) for damages caused to the Common Area by the Owner, his or her family, guests, tenants, invitees, contractors or employees; (e) for architectural review fees; and (f) for any other cost or expense authorized by the Governing Documents to be levied against an Owner and his or her Lot which is not part of the Base Assessment or Sp Assessment.

ral review fees; and (f) for any other cost or expense authorized by the Governing Documents to be levied against an Owner and his or her Lot which is not part of the Base Assessment or Sp Assessment.

Section 9.5 Lien for Assessments. The Association shall have a lien against each Lot to secure payment of Assessments, as well as interest (subject to the limitations of Texas la t charges, and costs of collection (including attorney's fees and costs). Such lien shall beffriogand superior to all other liens, except (a) the liens of all taxes, bonds, assessments and ff which by law would be superior thereto; (b) the lien or charge of any ey (meaning any recorded Mortgage with first priority over other Mortga: law).

Lot, the amount of the delinquent sums gue he A iat fme*Such document is executed and the fact that a lien exists tofecupe 3 i However, the failure of the Association to execute and record any Syg ' % any extent, affect the validity, enforceability or priority of the . i De 6sed through judicial or, to the extent allowed by law, non-judicia brdance with the Foreclosure Statute. At any the Lot at foreclosure sale and acquire, hold, behalf: (ii) no Base Assessment shall be levied on it; arced, in addition to its usual Base Assessment, its equal pro . The“Association may sue to recover a money judgment for unpaid kes without foreclosing or waiving the lien securing the same.

TT The sale or transfer of any Lot shall not affect the Assessment lien or relieve such Lot from the lien for any post-sale Assessments. However, the sale or transfer of any Lot pursuant to judicial or non-judicial foreclosure of a superior lien shall extinguish the lien as to any installments of such Assessments which became due prior to such sale or transfer. Where the

Lot pursuant to judicial or non-judicial foreclosure of a superior lien shall extinguish the lien as to any installments of such Assessments which became due prior to such sale or transfer. Where the Mortgagee holding a superior lien of record or other purchaser.of a Lot obtains title pursuant to judicial or non-judicial foreclosure of the Mortgage, it shall not be personally liable for Assessments on such Lot due prior to such acquisition of title. Such unpaid Assessments shall be deemed to be Common Expenses, collectible from Owners of all Lots, including such acquirer, its successors and assigns.

Section 9.6 Date of Commencement of Assessments. The obligation to pay Assessm shall commence as to every Lot then subject to the Declaration on the first day of the following the month in which the Board first determines a budget and levies assessme pursuant to this Article IX. The initial Base Assessment levied on each Lot shall be adjuste according to the number of months remaining in the fiscal year at the time Assesgmen commence on the Lot. Prior to the commencement of Assessments, Declarant fhall be responsible for all operating expenses of the Property.

Section 9.7 Capitalization of the Association. Upon the initial £2.

to a Lot by the first Owner thereof other than the Declarant or a Builder, a of made by or on behalf of the purchaser to the working capital of the Associatig equal to the greater of (i) one-fourth (1/4th) of the annual Base Assesgatent Be Id at Year or (ii) Two Hundred and No/100 Dollars ($200.00) (the “Acquisitig e : Spfter, upon each transfer of record title to a Lot from the fygt Owner fo Builder, a contribution shall be made by or on bealgooDs the Association in an amount equal to the Met of, e b 4

quisitig e : Spfter, upon each transfer of record title to a Lot from the fygt Owner fo Builder, a contribution shall be made by or on bealgooDs the Association in an amount equal to the Met of, e b 4 Assessment per Lot for that year, or (ii) Twg Hyhdge® and $200.00) (the e in cWering operating expenses, ation pursuant to the terms of this ed b¥fersons qualifying for tax exempt status under Section 501(c) de of 1986 so long as such person owns property subject to this AMAA TT TCT Tl mT (d) all property owned by the Declarant (such exemption shall terminate as to any Lots owned by the Declarant after the expiration of the Development Period).

ARTICLE X ARCHITECTURAL STANDARDS | Section 10.1 General. Except as otherwise provided in this Article, no structure shall be placed, erected or installed upon any Lot and no improvements (including staking, clearing, excavation, drainage, grading and other site work, exterior alteration or modification of existing improvements, change in exterior paint colors, and planting or removal of landscaping materigif (collectively, the "Work") shall take place except in compliance with this Article X ané Design Guidelines. Notwithstanding the above, an Owner may repaint the exterior of a struc in accordance with originally approved color scheme and rebuild in accordance with originally approved plans and specifications without first seeking approval pursuant to Section 10,2.

addition, no prior approval shall be required to remodel, repaint or redecorate the ipferi structures on a Lot. However, modifications to the interior of sige = j similar portions of a Lot visible from outside the Lot shall be subjg accordance with this Article. The Design Guidelines may provide for prior approval requirement of Section 10.3.

terior of sige = j similar portions of a Lot visible from outside the Lot shall be subjg accordance with this Article. The Design Guidelines may provide for prior approval requirement of Section 10.3.

This Article X shall not apply to the construction activitie, improvements to the Common Area by or on behalf of the Associatig wetion of the Design ction and modifications TATTOO reference. Declarant shall have the sole and full authority to amend them during the.

Development Period unless Declarant assigns such right to the Board at an earlier time.

Thereafter, the Board shall have the authority to amend the Design Guidelines. Any amendments to the Design Guidelines shall be prospective only and shall not apply or require modifications to or removal of structures previously approved once the approved construction or modification has commenced. There shall be no limitation on the scope of amendments to the Design Guidelines; Declarant or the Board, as appropriate, is expressly authorized to amend the Design Guidelines to remove requirements previously imposed or otherwise to make the Design Guidelines less restrictive. The Design Guidelines may contain general provisions applicable to all of the Property, as well as specific provisions which vary from one portion of the Property to another depending upon location and unique characteristics.

(b) Procedures. Except as otherwise provided in this Article, no Work s commence on any Lot until an application for approval has been submitted to and approved by the Committee IN WRITING. Such application shall be in the form required by the Comp and shall include plans and specifications ("Plans") showing the site layout, struct exterior elevations, exterior materials and colors, signs, landscaping rained,

be in the form required by the Comp and shall include plans and specifications ("Plans") showing the site layout, struct exterior elevations, exterior materials and colors, signs, landscaping rained, irrigation, utility facilities layout and screening therefor, and othey te construction, as applicable. The Committee may require the Sg ay affect the general value ents on an application from KK. If a building permit is required Whelae-eSfablished by the Committee and may be set forth in ittee shall, within thirty (30) days after receipt of each is® the party submitting the same, in writing, at an address fie curing of such objections. In the event the Committee fails to by written notice within the time set forth above of either the Th OTT TOOT OTTO TM" approval or disapproval of the Plans, the approval shall be deemed denied.

(e) Notice. Notice shall be deemed to have been given at the time the envelope containing such notice, properly addressed and postage prepaid, is deposited with the United States Postal Service, registered or certified mail, return receipt requested. Personal or electronic delivery of such written notice shall also be sufficient and shall be deemed to have been given at the time of delivery or electronic transmission with verification of receipt.

(f) Completion of Work. All work shall be completed within eighteen (18) months of commencement of construction or such shorter period as the Committee may specify in the notice of approval, unless completion within such time is delayed due to causes beyond, reasonable control of the Owner, as determined in the sole discretion of the Committee.

(g) Owner’s Right to Build. The fact that construction of a Residence may not

e is delayed due to causes beyond, reasonable control of the Owner, as determined in the sole discretion of the Committee.

(g) Owner’s Right to Build. The fact that construction of a Residence may not commence or be completed for a period of months or years does not diminish or extingyie a vacant Lot acquire no right to the continued existence of a vacant Lot luring t inactivity.

Section 10.4 No Waiver of Future A provals. The Committee’ s apfrovalkbof a the restrictions set forth in this Declarati« in other circumstances. For purposes 0 governmental agency, the issuance of constitute hardships.

Section 10.6 Limitation of this Article X is made on the bdsi bear any anaes for ensugi codes and other governmental requirements, or ¢, size or gésign among Lots. Neither the Declarant, the I CCR CUM HAL AL OT WOT AA TAT TT ETT of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers or other professionals, although nothing shall be construed herein as requiring the review of applications by such professionals.

Section 10.8 Construction Deposit. In order to insure an Owner's. compliance with this Declaration, the Design Guidelines and the rules and regulations promulgated thereunder, each Owner of a Lot (other than Declarant) shall pay to the Association a construction deposit, in an amount established by the Board from time to time, upon the Owner's submission of final plans .

and specifications for the construction or modification of an improvement under this Article.

This deposit is in addition to any such deposit required under a separate agreement between a Builder and Declarant. In the event the Committee disapproves of the final plans

ement under this Article.

This deposit is in addition to any such deposit required under a separate agreement between a Builder and Declarant. In the event the Committee disapproves of the final plans specifications, the Association shall promptly return the construction deposit (less outstanding plan review fees) to said Owner upon receipt of the Owner's written request to do If said plans and specifications are approved, the entire construction deposit shall be held by the Association until construction of the improvement is completed in accordance with the approved plans as determined by the Board in its sole discretion. The Association shall rglasg. the pursuant to this Section, within thirty (30) days of receipt of written ng completion of the improvement.

commencement of nonconforming work removal of any unapproved or nonconfg against the Owner for violations of the deposit is applied by the Association, thd the Association a sum equal to the amoung to its original amount.

ing. Wpon written request from the Board, the at their own cost and expense, cure such € or improvement and restore the Lot to ewer, the Declarant, the Association or their designees, and remove or cure the violation. All costs, together with the aoe ~ I opportunity to cure to the Owner, to enter upon the Lot and remove or complete any incomplete Th Work and to assess all costs incurred against the Lot and the Owner thereof as a Specific Assessment pursuant to Section 9.4.

In addition to the foregoing, the Association and Declarant shall have the authority and Ff standing to pursue all legal and equitable remedies available to enforce the provisions of this Article X and the decisions of the Committee.

Association and Declarant shall have the authority and Ff standing to pursue all legal and equitable remedies available to enforce the provisions of this Article X and the decisions of the Committee.

Section 10.10 Notice of Violation. To evidence any violation of the Governing Documents as to a particular Lot, the Board may file in the Deed Records of Collin County, Texas, a notice of violation setting forth (i) the violation, (ii) the name of the Owner and Lot, gf (iii) a sufficient legal description of the Lot. Such notice shall be signed and acknowledgéd an officer or duly authorized agent or attorney of the Association. The cost of preparing aad recording such notice may be assessed against the non-conforming Lot and collected as a Specific Assessment pursuant to Section 9.4.

ARTICLE XI USE RESTRICTIONS Section 11.1 General. The Property shall be used only for single-faghi related purposes (which may include, without limitation, an information ce office for any real estate broker retained by Declarant to assist in thgd Property, offices for any property manager, or business offices for Declg consistent with the Governing Documents.

Section 11.3 Signs. Except for 3 any kind shall be displayed to the,p ¥ sign Of noty for sale (for lease signs are strigtly ; (ii) signs used by the Declarant or by a Builder to in& the\Developyfent Period, including entry, directional and al sitsps not excegding four (4) feet by six (6) feet in size advocating eandetfates or the sponsorship of a political party, issue or sign for each candidate or ballot item) provided that such ; are Rot erected more than ninety (90) days in advance of the Maich Wey pextain andre removed within ten (10) days after the election, and do not

for each candidate or ballot item) provided that such ; are Rot erected more than ninety (90) days in advance of the Maich Wey pextain andre removed within ten (10) days after the election, and do not as of Section 202.009(c) of the Texas Property Code; (iv) personal tions, social events, birth announcements and similar type signs FA ATE ETT NN TORT square foot in size indicating that a Residence is monitored by a security company.

No sign may be displayed in a window of a Residence. The Association shall have the right to remove any sign, billboard or other advertising structure that does not comply with the Governing Documents or which, in the Board’s sole discretion, are unsuitable for the community, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal. If permission is granted to any Person to erect a sign upon the Common Area, the Committee reserves the right to restrict the size, color, lettering and placement of such sign. The Board and the Declarant shall have the right to erect signs as they, in their discretion, deem appropriate.

Section 11.4 Parking and Prohibited Vehicles.

(a) Parking on Streets. Parking on the streets overnight is prohibited. Without the Comumittee’s prior written approval, the original garage area of a Lot may not be enclosed=e used for any purpose that prohibits the parking of two (2) standard size operable vehicles Garage doors are to be kept closed at all times except when a vehicle ig enteringgor ¢xitipg.

Except as provided in Section 11.4(b) below, vehicles must be parkedg ’ driveway.

(b) Prohibited Vehicles. Commercial vehicles, vehicles with co their exteriors, vehicles primarily used or designed for commercial purfost

n Section 11.4(b) below, vehicles must be parkedg ’ driveway.

(b) Prohibited Vehicles. Commercial vehicles, vehicles with co their exteriors, vehicles primarily used or designed for commercial purfost or without wheels), campers, camper trailers, boats shall be parked only in enclosed garages or other a purposes of this Section, a vehicle shall be congfd For purposes of this Section, a vehicle shall bt Mideyeds,inope it is obviously not 1 i registration or operating licenses. Notwithstanding the above, Property for such period of time as is raised, bred or kept on any po or other usual and common d otherwise provided in the Rule 2 Beard” endanger the health, make objectionable noise or anventence to the occupants of other Lots shall be removed upon the pegwnep fails to honor such request, the Board may remove the pet.

leash OMOtherwise confined whenever outside the Residence or the The pet owner is responsible for the removal of his or her pet’s tss the Rules and Regulations otherwise provide, a pet owner must TT ETO garage on ) cm aie i lo bl Lehi da dah hth ad hem ih mth tk Ahlan a Ah Rati hh Structures designed to keep or contain pets, including dog houses, animal pens, dog runs and the like, must be placed in a location on the Lot that is not visible from outside the Lot.

Section 11.6 Quiet Enjoyment. Nothing shall be done or maintained on any part of a Lot which emits foul or obnoxious odors outside the Lot or creates noise or other conditions which tend to disturb the peace, quiet, safety, comfort or serenity of the occupants of other Lots. There shall not be maintained any plants or animals or device or things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish

There shall not be maintained any plants or animals or device or things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Property.

Section 11.7 Unsightly or Unkempt Conditions. All portions of a Lot outsid enclosed structures shall be kept in a clean and tidy condition at all times. Nothing shall be 4 maintained, stored or kept outside of enclosed structures on a Lot which, in the determination’e the Board, causes an unclean, unhealthy or untidy condition to exist or is obnoxious to the senses. The pursuit of hobbies or other activities, including specifically, without limitipe=thg generality of the foregoing, the assembly and disassembly of motor vehicles ged other mechanical devices, which might tend to cause disorderly, unsightly or unkgmpt condgtiog not be pursued or undertaken on any part of the Property. Nowy q abe disassembly and assembly of motor vehicles to perform repair work sha peani such activities are not conducted on a regular or frequent basis and are cond an enclosed garage.

No person shall dump grass clippings, leaves or other flebris,, pe ogucts, fertilizers or other potentially hazardous or toxic substances infany drainagg eet or iskeS’or other apparatus for the transmission of television, radio any kind shall be placed, allowed or maintained upon any portio amding the foregoing (i) antennas or satellite dishes designed to ivg é bcamminé services via multi-point distribution services which are one (1) me : fer or diagonal measurement; (ii) gst satellite service which are one ¢ dishes designed to receive television &d to as "Permitted Devices"] shall be permitted to be placed on a Lg any Permitted Device is placed in the least

ment; (ii) gst satellite service which are one ¢ dishes designed to receive television &d to as "Permitted Devices"] shall be permitted to be placed on a Lg any Permitted Device is placed in the least isib¥e frdkg neighboging property or is screened from the view of meter or less in diameter; or (iii broadcast signals [(i), (ii) and Gé ghboring Lots, streets and property located adjacent to the Lot. All bl be stored in appropriate containers approved pursuant to Article Garbage shall regularly be removed from the Property and shall not be r ae TA AAT ET A OT AT TE MT allowed to accumulate. Garbage and trash cans may be placed at the curbside or other designated pickup location not more than twenty-four (24) hours prior to the pickup time and must be removed within twelve (12) hours after pickup.

Section 11.10 Subdivision and Time Sharing. No Lot shall be subdivided into two or more Lots, nor shall two or more Lots be combined into a single Lot, nor shall a Lot have its boundary lines changed after the subdivision plat has been approved and recorded except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right to subdivide, change the boundary line of and re-plat any Lot(s) owned by Declarant.

Notwithstanding the combination of two or more Lots into a single Lot, the Owner of the combined Lot(s) shall be obligated to pay the Base Assessment or any Special Assessment bag upon the number of Lots originally comprising the Lot as shown on the original approvedyg recorded subdivision plat of the portion of the Property including such Lots.

No Lot shall be made subject to any type of timesharing, fraction-sharing or sy

he Lot as shown on the original approvedyg recorded subdivision plat of the portion of the Property including such Lots.

No Lot shall be made subject to any type of timesharing, fraction-sharing or sy program whereby the right to exclusive use of the Lot rotates among members of the prgfram on a fixed or floating time schedule over a period of years.

Section 11.11 Firearms. The discharge of firearms and use of @ j the Property is Te aeean The term "firearms" includes "B- B" guns, pek Section.

Section 11.12 Pools. No above-ground swi installed on any Lot. . Jacuzzis, whirlpools or spay Section 11.13 Irrigation. No sprig Builder on a Lot shall be modified by 4 been received from the Board or its dest sprinkler system and a rain water collectiq Except as otherwise », storage shed, greenhouse or similar ten approval of the Board. Except as may be ing initial construction within the Property, no O% drainage 0 = ot without prior approval pursuant to Article X of this Declaration. No illu UL. a > TTT LD MATTE PTT TAT Person other than Declarant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. The Declarant hereby reserves for itself and the Association a perpetual easement across the Property for the purpose of altering drainage and water flow. However, the exercise of such an easement shall not materially diminish the value of or unreasonably interfere with the use of any adjacent property without the Owner's consent. Septic tanks and drain fields, other than those installed by or with the consent of the Declarant or required by the Town, are prohibited within the Property. In this regard, septic systems are specifically required for Lots 6 through 12, inclusive, of Block C, and Lot 5 of Block B.

the Declarant or required by the Town, are prohibited within the Property. In this regard, septic systems are specifically required for Lots 6 through 12, inclusive, of Block C, and Lot 5 of Block B.

Section 11.16 Removal of Plants and Trees. No trees or shrubs, except for those whi are diseased or dead or create a safety hazard, shall be removed except by the Declarant strict compliance with the Design Guidelines. In the event of an intentional or unintentio violation of this section, the violator may be required by the Committee to replace the remove tree with one or more comparable trees of such size and number and in such locations ge=th Committee may determine necessary, in its sole discretion, to mitigate the damage.

Section 11.17 Utility Lines. No overhead utility lines, j television, shall be permitted within the Property, except for temporary’ as construction and high voltage lines.

Article X of this Declaration.

Section 11.19 Lighting. Except for tradftiong displayed for one (1) month prior to and ong s in compliance with Article X of this tem is expressly permitted by this és armed forces may be displayed provided that they ite Rules and Regulations and the Design Guidelines. No. other eT CE AT displaying a religious item, an Owner or Resident may not use a material or color for an entry door or door frame of the Owner’s or Resident’s dwelling or make an alteration to the entry door or door frame without the prior written approval of the Committee.

Section 11.23 Playground and Recreational Equipment. No jungle gyms, swing sets, basketball hoops and backboards, similar playground equipment, tennis courts or such other recreational equipment shall be erected or installed on any Lot unless in compliance with Article

swing sets, basketball hoops and backboards, similar playground equipment, tennis courts or such other recreational equipment shall be erected or installed on any Lot unless in compliance with Article X of this Declaration and the Design Guidelines. Any temporary basketball hoops or backboards permitted by the Board or its designee must be stored out of sight of neighboring property when not inuse. Any playground or other play areas or equipment erected within the Property shall be used at the risk of the user. The Association shall not be held liable to any Person for any claj damage or injury occurring thereon or related to use thereof.

Section 11.24 Fences.

(a) Height and Location. The height of fences must be 4 feet standard ipg For certain locations and uses, the Committee may approve fence heights as ‘ as 6 fget.

(b) Transitions. Fences that adjoin or connect must appe or must be designed and constructed with transitions between the differing appearance and effect of the height change.

a neighboring development must have a “finished sidgAappeara Property, or made of another Committe approved mateNg FT sts. Basbed wire and chain link fencing are iDeclaration, the Committee may require that all A roperty, such as along or visible from a road or sicht, odion, material, and appearance, including use of a p ee may require certain treatments for transitions between { publish detailed specifications for fences on or along the sides of on Area within the Property. If no such specifications are published, the SOA AAT OO UE TOTS AO il mm fences will be wood split rail with stone columns.

(i) Fences By Declarant or Builder. The Committee may authorize variations of this Section’s requirements for fences constructed by the Declarant or by Builders in connection

rail with stone columns.

(i) Fences By Declarant or Builder. The Committee may authorize variations of this Section’s requirements for fences constructed by the Declarant or by Builders in connection with new home construction during the Development Period. Any fence installed by Declarant is deemed to have been approved by the Committee.

Section 11.25 Business Use. No business, trade or similar activity may be conducted in or from any Lot, except that an Owner or occupant residing in a Lot may conduct business activities within the Lot so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot, (ii) the business actiyf conforms to all zoning requirements for the Property and is ancillary to the primary use o home as a residence, (iii) the business activity does not noticeably increase the level of vehicula or pedestrian traffic or the number of vehicles parked in the Property, (iv) the business activity does not involve door-to-door solicitation of residents of the Property, and (v) the buss occupation, work or activity undertaken on an ongoing basis which ee or services to persons other than the provider's pe and fo aning of this Section. The ¥sales, yard sales, estate b including, but not limited to, a fee, service, gratuity or éwh writing. Lots may be leased only in their entirety. No eased. There shall be no subleasing of Lots or assignment of leases PT TT n LA EAT TT I OMT together with such additional information as may be required by the Board, shall be given to the Board by the Owner within ten (10) days of execution of the lease. The Owner must make available to the lessee copies of the Governing Documents. In the event of a tenant’s violation of

e given to the Board by the Owner within ten (10) days of execution of the lease. The Owner must make available to the lessee copies of the Governing Documents. In the event of a tenant’s violation of the Governing Documents, the Owner is responsible for his or her tenant’s compliance. If the Owner fails or refuses to enforce his or her tenant’s compliance, the Association may pursue the remedies of a landlord under the lease and state law for the default, including eviction of the tenant. The Owner is liable to the Association for any expenses incurred by the Association in connection with enforcement of the Governing Documents against the Owner’s tenant. The Board may adopt reasonable rules regulating leasing and subleasing.

Section 11.27 Laws and Ordinances. Every Owner and occupant of any Lot, their gugst and invitees, shall comply with all laws, statutes, ordinances and rules of federal, statd municipal governments applicable to the Property. Any violation may be considered a violatte of this Declaration. However, the Board shall have no obligation to take action to enforce suc laws, statutes, ordinances and rules.

Section 11.28 Single Family Occupancy. No Residence shall be ogcupied by'mefe a single family. For purposes of this restriction, a single family shall be oe ed as Any of persons related by blood, adoption or marriage living with not more WhgA gag pense not so.related as a single household unit, or no more than two persons whg are living together as a single household unit, and the household employees of eithte unit; provided, however, that nothing herein shall be interpreted to rgs more adults meeting the definition of a single-family from residing tr and must not er to change or

shall be interpreted to rgs more adults meeting the definition of a single-family from residing tr and must not er to change or inappropriate or unattractive.

dow treatments.

ion loss or any casualty loss which affects a material portion of the any Lot on which there is a First Mortgage held, insured or guaranteed SoA A OO OT MMT (b) any delinquency in the payment of Assessments or charges owed by an Owner of a Lot subject to the Mortgage of such Eligible Mortgage Holder, where such delinquency has continued for a period of sixty (60) days; provided, however, notwithstanding this provision, any holder of a First Mortgage, upon request, is entitled to written notice from the Association of any default in the performance by the Owner of the encumbered Lot of any obligation under the Declaration or Bylaws of the Association which is not cured within sixty (60) days; or (c) any lapse, cancellation or material modification of any insurance policy maintained by the Association.

12.2 No Priority. No provision of this Declaration or the Bylaws gives or sha construed as giving any Owner or other party priority over any rights of the First Mortgagee%g any Lot in the case of distribution to such Owner of insurance proceeds or condemnation award.

for losses to or a taking of the Common Area.

12.3. Notice to Association. Upon request, each Lot Own furnish to the Association the name and address of the holder of any Morféag Owner's Lot.

requirements less stringent, amendment to this Article to b feration's request; provided such request is delivered to the gistered mail, return receipt requested.

. Nothing contained in this Article shall be construed to

ringent, amendment to this Article to b feration's request; provided such request is delivered to the gistered mail, return receipt requested.

. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws or Texas law for any of the acts set out in this Article.

ARTICLE XIII EASEMENTS Section 13.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment and for maintenance and use of any permitted encroachment, il, between each Lot and any adjacent Common Area and between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed or altered thereon (in accordance with the terms of these restrictions) to a distance of not more th three feet, as measured from any point on the common boundary along a line perpendiculk such boundary. However, in no event shall an easement for encroachment exist if sub) encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of the Person claiming the benefit of such easement.

during the Development Period, and to the Association and the design include, without limitation, Collin County, Texas, and any utility) a easements upon, across, over and under all of the Property (but not throug extent reasonably necessary for the purpose of replacing, repairing and television systems, fiber-optic systems, security and similar systems, p systems, street lights, signage and all utilities, including, but not liy boxes, telephone, gas and electricity and for the purp property which it owns or within easements designa Section 13.2 Easements for Utilities, etc. There are hereby a unto wfl not extend to permitting entry into the

, gas and electricity and for the purp property which it owns or within easements designa Section 13.2 Easements for Utilities, etc. There are hereby a unto wfl not extend to permitting entry into the ing to the contrary contained in this Section, no be during reasonable hours and after notice to the Owner. This ne Tight of the Association to enter upon a Lot to cure any condition a SNEAK ~ OEE ia ae tat to cure the condition within a reasonable time after requested by the Board, but shall not authorize entry into any Residence without permission of the Owner except by emergency personnel acting in their official capacities. The easement granted hereunder shall not create an obligation or duty on the part of Declarant or the Association to provide for the safety or security within the Property. In exercising this easement right, neither the Declarant nor the Association shall be liable to the Owner for trespass.

Section 13.4 Easement for Entry and Screening Features. The Association is hereby granted a perpetual easement (the “Entry Feature Easement”) over each Lot that. abuts or contains a portion of the Property’s formal entrances, for the purposes stated in this Section 13.4, regardless of whether or how the Plat shows the easement or entry features.

(a) Entrance Lots. On recording of this Declaration, Declarant burdens the following L on which the formal entrances are located with the Entry Feature Easement: (i) Lot 8, Block A, (ii) Lot 1, Block C, and (iii) Lot 7, Block A, as shown on the Plat.

existence, repair, improvement, and replacement of the Property’s maintained by the Association as a Common Area. In exercising this ea may construct, maintain, improve, and replace improvements reasonably rel

, repair, improvement, and replacement of the Property’s maintained by the Association as a Common Area. In exercising this ea may construct, maintain, improve, and replace improvements reasonably rel of a residential subdivision, including: screening walls; fences and/or be landscaping and plant material; electrical and water meters and fixtures and sprinkler systems; and signage related to the Property.

(b) Purpose of Easement. The purpose of the Entry Feature x i neeessOver, across and upon the adjacent Lot (exclusive of mon Area for the construction, maintenance and repair of "Ong a line perpendicular to such boundary. The use of said not exceed a total of thirty (30) days each year for maintenance unless app wed: it\writtag by the Board. Any landscaping or irrigation systems damaged by the e cd struc ion, maintenance or repair of his or her residential Residence or party TMs.

Oe TTD Ti OTT damage. If the Owner fails properly to perform such repairs or replacements, the Association may perform such maintenance responsibilities and assess all costs incurred by the Association against the Lot and the Owner as a Specific Assessment in accordance with Section 9.4.

However, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when immediate entry is required due to an emergency situation.

There is also hereby reserved to each Lot reciprocal appurtenant easements of encroachment over, across and upon the adjacent Lot and adjacent Common Area for water drainage from the roof of the Residences or other structures. Owners shall not attach any object to a Residence of an adjacent Lot or disturb the grading of the area located between the adjage

r water drainage from the roof of the Residences or other structures. Owners shall not attach any object to a Residence of an adjacent Lot or disturb the grading of the area located between the adjage Residences or otherwise act with respect to such area in any manner which would damagé adjacent Lot. In the event of a dispute arising out of the rights and obligations created under thx Section 13.5, the parties agree to resolve the dispute in accordance with Section 5.5(e).

Section 13.6 Construction and Sale Period Easement. Notwithstanding any ppOvisions contained in the Governing Documents, until expiration of the sider i 4 Dg reserves an easement across the Property for Declarant and any Builder t upon such portion of the Property as Declarant may reasonably deem ni a and activities as, in the sole opinion of the Declarant, may be reasonably req of such Lots including, but not limited to, parking areas, temporary bu portable toilets, storage areas, dumpsters, trailers, commercial vehy offices, signs, sales offices and model Residences.

ent Period, ef, agents and rand replace any ortion of the Property, Section 13.7 Easement to Inspect and Ri Declarant reserves for itself and Builders, representatives, the right to inspect, monitg exercise of these easements shall promp Rai b & at the expense of, the Person exercising these easements.

Section 13.8 Easement Ae Sexo NINitiod Property. The Declarant hereby reserves for itself and its duly authofizeg , réeprese Miives, employees, successors, assigns, Common Area for the purposes of enjoyment, , whether or not such property is made subject licensees and mortgagees, an use, access and developy to this Declaration.

t, , whether or not such property is made subject licensees and mortgagees, an use, access and developy to this Declaration.

it and its successors or assigns shall be responsible for any hs a result of vehicular traffic connected with development avant furthéragrees that if the easement is exercised for permanent access ch prgperty or any portion thereof is not made subject to this Declaration, essgvt or assigns shall enter into a reasonable agreement with the OMT A AT TT TL TTS t ARTICLE XIV ANNEXATION AND WITHDRAWAL OF PROPERTY Section 14.1 Annexation Without Approval of Membership. The Declarant shall have the right, until (i) all property described on Exhibit "B" attached hereto has been subjected to this Declaration and conveyed to Class "A" Members other than Builders, or (ii) December 31, 2022, whichever is earlier, to subject to the provisions of this Declaration all or any portion of the property described in Exhibit "B". The Declarant may transfer or assign this right to any other Person who is the developer of at least a portion of the real property described in Exhibit "AJA Exhibit "B". Such transfer or assignment shall be memorialized in a written, recorded inst executed by the Declarant.

Nothing in this Declaration shall be construed to require the Declarant or any succe annex or develop any property in any manner whatsoever.

* Such annexation shall be accomplished by filing a Supplement laratidn 2 such property in the County Clerk official records of Collin County, Tex py Declaration shall not require the consent of Members but shall require the c@ purpose.

Annexation shall be accomplished property being annexed in the County Clerk Supplemental Declaration shall be signed S

ration shall not require the consent of Members but shall require the c@ purpose.

Annexation shall be accomplished property being annexed in the County Clerk Supplemental Declaration shall be signed S of the property being annexed. g otherwise provided therein.

Section 14.3 Withdrawgl o ‘ Declaration unilaterally at any timeNqurings without the consent gfany Pexsom for the ? ose of removing certain portions of the Property eC g aflettes or the Association from the provisions of this included 4 in error or as a result of any changes whatsoever in Additional Covenants and Easements. The Declarant may unilaterally Ye prperty submitted to this Declaration initially or by supplemental add tional’ covenants and easements, including covenants obligating the hin and insure such property on behalf of the Owners and obligating such STO TT: Li Tan Owners to pay the costs incurred by the Association through Assessments. Such additional covenants and easements shall be set forth in a Supplemental Declaration filed either concurrent with or after the annexation of the subject property, and shall require the written consent of the owner(s) of such property, if other than the Declarant.

ARTICLE XV . Mi DECLARANT'S RIGHTS Section 15.1 General. Without limiting the rights of the Declarant as otherwise provided vii by the Governing Documents, the Declarant shall have the following additional rights as Declarant, exercisable at Declarant’s sole discretion, at any time during the Development Peri (a) Changes to Development Plan. Declarant may modify from time to time development plan applicable to the Properties to respond to changes or perceived changes in the marketplace, subject to the approval requirements of any governmental agency. Such change

m time to time development plan applicable to the Properties to respond to changes or perceived changes in the marketplace, subject to the approval requirements of any governmental agency. Such change may include, without limitation, (i) changes to the size, dimensions, and configurationg“of Lots and streets; (ii) changes to the minimum dwelling size; (iii) changes ,to buildiy E requirements; (iv) changes to the initial design and construction stand any other feature of the Property. | (b) Construction Activities. Declarant and Builders authorized“Q writing may construct and maintain and carry on upon portions of the (c) Marketing Activities. Dedclg unreasonably withheld) of all documents gf time to time signs, banners, seasonal decorations, tempora including items and locgti ants, and seasonal landscaping on the Property, bited to other Owners and Residents, for the developments or otlfer y fedeeutSide the Property. Declarant also reserves the right to pen houses, MLS tours, and broker parties—at the Property kens aad promo estrigtion in this Declaration, subject to the Declarant’ s right to approve OT A A AC NO EEG MSSM (d) Builder Approval. Declarant reserves the right to determine and change from time to time the minimum qualifications of Builders who are eligible to construct homes and other original improvements on a Lot. Declarant may refuse to allow a Builder to construct a home in the Property if the Builder fails to meet the minimum qualifications set by the Declarant, or Declarant may disqualify a Builder who was previously approved as a Builder from constructing additional homes in the Property if the Builder is no longer eligible under the qualifications, or the Builder violated the Governing Documents. Prior to the commencement of

Builder from constructing additional homes in the Property if the Builder is no longer eligible under the qualifications, or the Builder violated the Governing Documents. Prior to the commencement of Work on a Lot, a Builder must submit an application in writing to the Declarant for eligibility as a Builder and the Declarant must approve of the Builder’s eligibility in writing. Declarant has the right to limit the number of eligible Builders constructing Residences in the Property at any given time.

(b) Use of Name of Development. No Person shall use the name "Chamberl Place" or any derivative of such name in any printed or promotional material without Declarant's its name.

Section 15.2 Additional Covenants. No Person shall record any declaxgti conditions and restrictions, or declaration of condominium or similar ins recordation without compliance herewith shall result in such instrymey force and effect unless subsequently approved by wri consenf sig 2 dto other Persons; ight beyond that contained in the Governing Documents. Furthermo written instrument signed by the Decla Records of Collin County, Texas.

Section 16.1 Consensus of the’Governing Documents (including, without limitation, the imposition and collection of Assessments; (iii) actions brought by # contract against a contractor, vendor, or supplier of goods or * (iv) proceedings involving challenges to ad valorem taxation; (v) brosstclaims or other challenges brought by the Association in proceedings EA AO OA OOO WT, RTOS TT instituted against the Association, including condemnation proceedings; and (vi) actions to obtain a temporary restraining order or equivalent emergency relief when circumstances do not

OO WT, RTOS TT instituted against the Association, including condemnation proceedings; and (vi) actions to obtain a temporary restraining order or equivalent emergency relief when circumstances do not provide the Board with sufficient time to seek and obtain the prior consents of Owners.

(b) The Association may not commence a judicial or administrative proceeding against the Declarant, the Class "B" Member, or a Declarant-appointed officer or director of the Association, without the approval of at least seventy-five percent (75%) of the Class "A" Members who are present and voting at a duly called meeting of the Association. Prior to the Association or any Member commencing any proceeding to which Declarant is a party, including but not limited to an alleged defect of any improvement, Declarant shall have the right to be heard by the Board, or the particular Member, and to access, inspect, correct the conditjé of, or redesign any portion of any improvement as to which a defect is alleged or other correct the alleged dispute.

(c) The Association may unilaterally negotiate, settle or compromise an or administrative proceeding, and may execute any documents related thereto, j settlement agreements and releases of claims.

Section 16.2 Alternative Method for Resolving Disputes.

Declarant, its officers, directors, employees and agents; the officers, directors and committee members; all Persons subject to a person not otherwise subject to this Declaration who agrees to suby ig Q ; entity being referred to as a “Bound Party”) agree tgencourage tie icajie ¥ on of disputes, without the emotional and financial costs orapion Accondi éach Bound Party E j Section 16.3 Unless specifically exempted belo any of the Bound Parties

”) agree tgencourage tie icajie ¥ on of disputes, without the emotional and financial costs orapion Accondi éach Bound Party E j Section 16.3 Unless specifically exempted belo any of the Bound Parties regardless of how the same might have q ght be based including, but not limited to Claims (a) arising out of or relating : the Governing Documents or the yg duties of any Bound Party under the ction of improvements; or (c) based tor eqtffvalent emergency equitable relief) and such other ancillary relief as hecessary in order to maintain the status quo and preserve the Association’s ee Eee ability to act under and enforce the provisions of Articles Xx, XI, or XII; (c) any suit between or among Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents; and (d) any suit in which any indispensable party is not a Bound Party.

Section 16.4. Mandatory Procedures.

(a) Notice. Any Bound Party having a Claim ("Claimant") against any o Bound Party ("Respondent") (the Claimant and Respondent referred to herein being individ as a "Party", or, collectively, as the "Parties") shall notify each Respondent in writing (t "Notice"), stating plainly and concisely: (i) the nature of the Claim, including the Persons invoJWed_and Respondent’s role in the Claim; (ii) the legal basis of the Claim (i.e., the specifi ty o&f HT ¢) the Claim arises; (iii) the proposed remedy; and (iv) the fact that Claimant wjA, meet espond ss in good faith ways to resolve the Claim.

(b) +e ae accompanied by a copy of the Notice, the & in negotiation.

Negotiations"), Claimant shall yfavegfo daySyo supmit tie Claim to mediation under the auspices

od faith ways to resolve the Claim.

(b) +e ae accompanied by a copy of the Notice, the & in negotiation.

Negotiations"), Claimant shall yfavegfo daySyo supmit tie Claim to mediation under the auspices of a mediation center or individpial 4n which ¥he parties mutually agree. The mediator must have at least 5 years of experignge sekving’e Ysed and décharged from any and all liability to Claimant on account of s herein shall release or discharge Respondent from any liability to AAT TOO LO ST Tn in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such other time as determined 1H by the mediator or agreed to by the Parties, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). Thereafter, Claimant may file or initiate administrative proceedings on the Claim, as appropriate.

Each Party shall bear its own costs of the mediation, including attorneys’ fees, and each Party shall share equally all charges rendered by the mediator. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 16.4 and any Party thereafter fails to abide by the terms of such agreement, then any other Party may file suit or initiate administrative proceedings to enforce such agreement without the need to ag comply with the procedures set forth in Section 16.4. In such event, the Party taking actidy enforce the agreement shall be entitled to recover from the non-complying Party (or if more thay one non-complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement, including, without limitation, attorneys’ fees and court costs.

ARTICLE XVII

y (or if more thay one non-complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement, including, without limitation, attorneys’ fees and court costs.

ARTICLE XVII GENERAL PROVISIONS Section 17.1 Term. The covenants and restrictions of this Declaragfon Skg and bind the Property and shall inure to the benefit of and shall be e time, the covenants and restrictions shall be automaticalJy extendes (10) years, unless an instrument in writing, signed Os i recorded within the year preceding the beginningA&.es i agreeing to terminate the same, in which case this Section 17.2. Amendment.

(a) By Declarant. In addition to @ Declaration, until termination of the Deve this Declaration for any purpose.

(b) By Class "A" Members provided in this Declaration, t : LO AA AA TT A OAT TTT MMII If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority so to consent and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment.

No amendment may remove, revoke or modify any right or privilege of the Declarant or the Class "B" Member without the written consent of the Declarant or the Class "B" Member, respectively (or the assignee of such right or privilege).

Section 17.3 Severability. Invalidation of any provision or portion of a provision off Declaration by judgment or court order shall in no way affect any other provisions, which remain in full force and effect.

Section 17.4 Liberal Construction. The terms and provisions of each Goys Documents.

Section 17.5 Notice of Sale or Transfer of Title. Within wo Gin IN WITNESS WHEREOF, the executed this Declaration on the DECLARANT: E, LP, a Texas limited

terms and provisions of each Goys Documents.

Section 17.5 Notice of Sale or Transfer of Title. Within wo Gin IN WITNESS WHEREOF, the executed this Declaration on the DECLARANT: E, LP, a Texas limited Management, L.L.C., a Texas limited sts General Partner Williams, Jr.

Its: President TIAA LL LAT OT ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME,.a Notary Public in and for the State of Texas, duly authorized to take acknowledgments, personally appeared Jim Williams, Jr., President of Texas Land Management, i L.L.C., a Texas limited liability company, General Partner of CHAMBERLAIN PLACE, Texas iinettedd partnership, and acknowledged that he executed the foregoing document on fg of said company.

_ 14 SUBSCRIBED AND SWORN TO BEFORE ME on this }] day of Ja v prtoon., 2017.

JERRILYNN PICKETT =F Commission # 128764531 | My Commission Expires~ the State of Texas .

October 6, 2019 My Commission Expires: /O AFTER RECORDING RETURN TO: Riddle & Williams, P.C. , o; 3710 Rawlins St., Suite 1400 | Dallas, Texas 75219 ; CC&RS.ChamberlainP1.030916.docx ne TM TT EXHIBIT "A" Property Initially Subject to Declaration Lots 1-8 & Common Areas 1A and 2A, Block A, Lots 1-14 & Common Area 1B, Block B, and Lots 1-23 & Common Area 1C, Block C of Chamberlain Place Phase 1, according to the Final Plat thereof recorded as County Clerk No. 20160516010002020 of the Official Public Records, Collin County, Texas.

MTT TT TM MATE OOOMO MCAT OAT ATCT ET iH DYMO TT EXHIBIT "B" Property Subject to Annexation Lot 1R-2 of the Ward Addition, according to the Final Plat thereof recorded as County Clerk No.

20160516010002020 of the Official Public Records, Collin County, Texas.

| AAMT LOTMA OME TE PAO TP li mT vm!

EXHIBIT "C" Bylaws Unofficial BYLAWS OF

the Final Plat thereof recorded as County Clerk No.

20160516010002020 of the Official Public Records, Collin County, Texas.

| AAMT LOTMA OME TE PAO TP li mT vm!

EXHIBIT "C" Bylaws Unofficial BYLAWS OF CHAMBERLAIN PLACE HOMEOWNERS ASSOCIATION, INC.

Unofficial Table of Contents | Page Article I i Name, Principal Office and Definitions .................:ssesseessesssesseessesseeseesseessessecscnsecssecneceneenneeneennes 1 i Section 1.1. Natitievs. 0 cccsees cocares serncrennecsssessanenscessceereseawesueecaus ve uanne w unas +s eoeevveenenenenerensensoneoees 1 i Section 1.2. Principal OffiCe.........c.cessesseseeseesessesesseesessceesasesessssensensesseneessesasenesneneeseeseenens 1 Section 1.3. Definitions Article I Association: Membership, Meetings, Quorum, Voting, Proxies Section 2.1. Membership Section 2.2. Place of Meeting’ scecssscssseccsesivsssnserevesscarssenesoessssensescaeceacsesecncsecenoecersgfiteseoeees Section 2.3. Annual Meetings... ccceeeeesseessseseeecrseneeeseseeescsesseeessssseestesteseafeeesag hens Section 2.4. Special Meetings............cccccsessescscseseneeeneneeeeeeneeees Section 2.5. Notice of Meetings 20.0... esecscscssesssssceeeseeeeeeeseeen Section 2.6. Waiver of Notice.........sccsescsscssessceccssesseseeneenscnseneeenensenes Section 2.7. Adjournment of Meetings Section 2.8. Voting Rights... cecsescseseseeseeseeseeneeeeeeeeeeeeeees Section 2.9. Voting Methods Section 2.10. Majority 2.0... esesseeggersssensesssrfeceseeccereererghelecees Section 2.1]. Quorum ...... eee eeeeseeeeeeeeeeees Section 2.12. Conduct of Meetings............. a Section 2.13. Telephonic and Electronic Mleejmg Section 2.14. Adjournments of Meeting Section 2.15. Recount of Votes .... H Article TI Board of Directors; A. Composition and Selection Section 3.1.

Section 3.2.

.13. Telephonic and Electronic Mleejmg Section 2.14. Adjournments of Meeting Section 2.15. Recount of Votes .... H Article TI Board of Directors; A. Composition and Selection Section 3.1.

Section 3.2.

Section 3.3.

Section 3.4.

Section 3.5.

B. Meetings .....f-..-.g.----e Magee ection 3 9 3 CLA CATEC TC TOTO TSTS TUT I Section 3.9.

Notice to Members .8 Section 3.10.

Notice to Members Not Required.

9 Section 3.11 Board Meetings During Development Period 9 Section 3.12.

Waiver of Notice.....

9 Section 3.13. Telephonic and Electronic Meetings 10 Section 3.14. Quorum of Board.

Section 3.15 Adjournments of Board Meetings Section 3.16. Compensation 10 10 10 Section 3.17.

Conduct of Meetings.

Section 3.18.

Open Meetings.

10 11 C.

Section 3.19. Action Outside a Formal Meeting Powers and Duties Section 3.20. Powers..

Section 3.21. Duties Section 3.22. Management Section 3.23. Accounts and Reports Section 3.24. Borrowing.

Section 3.25. Rights of the Association..

Article IV Officers.

Section 4.1. Officers Section 4.2. Election and Term of Office.

Section 4.3. Removal and Vacancies.

Section 4.4. Powers and Duties Section 4.5. Resignation Section 4.6. Agreements, Contracts, Deeds, Leases, Checks, etc Section 4.7. Compensation Article V Committees.

14 14 14 14 14 Unofficial Section 5.1. General..

Article VI Miscellaneous Section 6.1. Fiscal Year Section 6.2. Conflicts.

Section 6.3. Books and Records Section 6.4. Notices Section 6.5 Amendment.

ii 15 15 15 15 15 15 16 17 BYLAWS OF CHAMBERLAIN PLACE HOMEOWNERS ASSOCIATION, INC.

Article I Name, Principal Office and Definitions Section 1.1. Name. The name of the Association shall be CHAMBERLAIN PLAC HOMEOWNERS ASSOCIATION, INC. (the "Association").

Section 1.2. Principal Office. The principal office of the Association in the Stage

n 1.1. Name. The name of the Association shall be CHAMBERLAIN PLAC HOMEOWNERS ASSOCIATION, INC. (the "Association").

Section 1.2. Principal Office. The principal office of the Association in the Stage shall be located in Collin County. The Association may have such other ithe outside the State of Texas, as the Board may determine or as the affair require.

the Declaration of Covenants, Conditions and Restrictions Declaration, as amended, renewed or extended from tit toyi to as the "Declaration"), unless the context shall othg may designate.

Section 2.3. Aw Mectings. algneetings shall be set by the Board so as to occur oT AE TI of the Board or upon a petition signed by Members representing at least ten percent (10%) of the total votes of the Association.

Section 2.5. Notice of Meetings. Written or printed notice stating the place, day and hour of any meeting of the Members shall be delivered, either personally, by mail or by electronic mail, ili to each Member not less than ten (10) nor more than sixty (60) days before the date of such | meeting, by or at the direction of the President or the Secretary or the officers or persons calling i the meeting. Each Member must keep an updated electronic mail address registered with the Association.

In the case of a special meeting or when required by statute or these Bylaws, purpose or purposes for which the meeting is called shall be stated in the notice. No business be transacted at a special meeting except as stated in the notice.

If mailed, the notice of a meeting shall be deemed to be delivered when depgsite in the United States mail addressed to the Member at his address as it appears on the tg ords Oo shall be dered to be delivered when the Association electronically ts

med to be delivered when depgsite in the United States mail addressed to the Member at his address as it appears on the tg ords Oo shall be dered to be delivered when the Association electronically ts Member’s registered electronic mail address as it appears on the records Section 2.6. Waiver of Notice. Waiver of notice of a meeting of then A deemed the erin of proper notice. Any Member may, in writing, wae vote.

safled, subject to the notice at such second meeting shall be The voting rights of the Members shall be as set forth in the ji she Declaration’s voting rights provisions are specifically | . Unless otherwise provided in the Declaration, Bylaws, or AAA TE SO TE i Certificate of Formation (collectively, the "Governing Documents"), Members may vote by one or more of the following methods: in person, by proxy, by absentee ballot or by electronic ballot.

The Association is not required to provide Members with more than one voting method; provided, however, Members must be allowed to vote by absentee ballot or by proxy. Electronic ballot means a ballot given by (i) electronic mail, (ii) facsimile, or (iii) posting on an Internet website, for which the identity of the Member can be confirmed and for which the Member may receive a receipt of the transmission and receipt of the Member’s ballot. All proxies, absentee ballots and electronic ballots shall be in writing, dated, signed by the Member and filed with the Secretary or other person designated by the Board to receive proxies/ballots before the appointed time of each meeting. The Board may elect to allow Members to cast their votes by secret ballot. If so elected, the Board shall take measures to reasonably ensure that (i) a Member cannot cast more votes than the Membeya

. The Board may elect to allow Members to cast their votes by secret ballot. If so elected, the Board shall take measures to reasonably ensure that (i) a Member cannot cast more votes than the Membeya eligible to cast in an election or vote; (ii) the Association counts each vote cast by a Membe the Member is eligible to cast; and (iii) in any election for the Board, each candidate may na one person to observe the counting of the ballots, provided that this does not entitle any observe to see the name of the person who cast any ballot, and that any disruptive observer may be remayed from the area where the ballots are being counted. Each proxy must also identify the prox and the purpose of the meeting for which the proxy is given. If an electronic ballot is p ha Internet website, a notice of the posting shall be sent to each Member me instructions obtaining access to the website posting. Proxies and absentee ballots shall filed upon the Secretary’ s or other designated person’ s receipt of the proxy/absg Electronic ballots which are electronically mailed fr address shall be deemed to be signed by the Memb governing when ballots must be filed with the eee in order p Ba alid é éuveyance by the § acy of the death or judicially declared incompetence of a Member, or Of oti ghe expiration of eleven (11) months from the date of the proxy. A ignate Q recessed or rescheduled, is valid for the terminated in writing prior thereto.

votes, owners or other group, ag y of the total number.

TT I Teo RTA ET TATA, electronic ballots may be counted towards a quorum only for items appearing on the ballot.

Section 2.12. Conduct of Meetings. The President shall preside over all meetings of the

TT I Teo RTA ET TATA, electronic ballots may be counted towards a quorum only for items appearing on the ballot.

Section 2.12. Conduct of Meetings. The President shall preside over all meetings of the Association, and the Secretary shall keep the minutes of the meeting and record in a minute book all resolutions adopted at the meeting, as well as a record of all transactions occurring at the meeting.

Section 2.13. Telephonic and Electronic Meetings. Subject to Board approval, Members of the Association may participate in and hold meetings of the Members by means of conference telephone or similar communications equipment, or another suitable electronic communications system, including videoconferencing technology or the Internet, or any combination, if telephone or other equipment or system permits each person participating in the meetigg communicate with all other persons participating in the meeting. If voting or an election is to f place outside of a meeting, including voting by electronic or telephonic means, the Board must (1 provide notice of the election or vote to all Members entitled to vote on any matter unger consideration not later than the 20th day before the latest date on which a ballot may be g#bmitted to be counted, (ii) implement reasonable measures to verify that every person voting at jhe pate ii by means of remote communications is sufficiently identified; and (iii) k recordfof or other action taken. Participation in the meeting constitutes presence except where a person participates in the meeting for the express purpose # transaction of any business on the ground that the meeting is not lawfully calle quorum is present, a majority of the Members present at he meeting may move to adjourn the meeting to another time or ouncement of the results

ness on the ground that the meeting is not lawfully calle quorum is present, a majority of the Members present at he meeting may move to adjourn the meeting to another time or ouncement of the results ite either by verified mail uired to be recorded pursuant to anagement Certificate"); or in ér performance of the recount by a person st send an invoice for the estimated costs to the address according to the Association’s records STL A A AE TAMA by the Member, any additional amounts not paid to the Association before the 30th business day after the date the invoice is sent to the Member may be added to the Member’s account as an assessment. If the estimated costs exceed the final invoice amount, the Member is entitled to a refund. The refund shall be paid to the Member at the time the final invoice is sent under this Section 2.15.

Following receipt of payment of the invoice for the cost of the recount, the Association shall engage the services of a person qualified to tabulate the votes. This person must (i) not be a Member of the Association or related to a Member of the Board; and (ii) be a current or former county judge, county elections administrator, justice of the peace, county voter registrar, or a person mutually agreed upon by the Board and each requesting Member. On or before the 30éb day after the date of receipt of payment for the recount the recount must be completed ang Association shall provide written notice of the results of the recount to each Member requested the recount. If the recount changes the results of the election, the Association sha reimburse the requesting Member for the cost paid by the Member for the recount not later tha the 30th day after the date the results of the recount are provided. Any action taken by thé B

ciation sha reimburse the requesting Member for the cost paid by the Member for the recount not later tha the 30th day after the date the results of the recount are provided. Any action taken by thé B in the period between the initial election vote tally and the completion of the recount is pOt gAf by any recount.

Article III Board of Directors; Number, Term, Powers, Meetings A. Composition and Selection.

to directors e Members or more than five (5) persons. Thg ini Certificate of Formation.

CT a TTT LT EE TT to Members other than the Declarant or a Builder or whenever the Declarant earlier determines (but in no event later than the 10™ anniversary of the date the Declaration was recorded), a meeting shall be held at which Members other than the Declarant shall be entitled to elect one of the directors (if the Board is comprised of 3 directors) or shall be entitled to elect two directors (if the Board is comprised of 5 directors). Directors elected by the Members other than Declarant shall be at-large directors. The remaining directors shall be appointees of the Declarant. The directors elected by the Members other than Declarant shall not be subject to removal by the Declarant and each director shall be elected for a term of two (2) years or until the happening of the event described in Subsection (b) below, whichever is shorter. If such directors’ terms expire prior to the happening of the event described in Subsection (b) below, successors shall be elected in the same manner for a like term.

(b) On or before the 120th day after termination of the Class “B” Control Period,’ Association shall call a meeting at which Members, including the Declarant, shall be entitled td of two (2) years and two (2) directors shall be elected for a term of one (1

Class “B” Control Period,’ Association shall call a meeting at which Members, including the Declarant, shall be entitled td of two (2) years and two (2) directors shall be elected for a term of one (1 of the initial term of office of each member of the Board of Directors an thereafter, a successor shall be elected to serve for a term of two (2) years.

Section 3.4. Nomination and Election Procedures.

ess.thefi thirty (30) days ear or until their successors CP TT AL TT LT ATE AT CUM (b) Election Procedures. Each Member may cast all votes attributed to the Lots which such Member represents for each vacancy to be filled. A candidate, or his or her parent, child, brother, sister, grandparent, grandchild, great grandparent, great grandchild, aunt, or uncle may not count the votes for an election. A person who is authorized to count votes (or who performs a recount under Section 2.15) may not disclose to any other person how a Member voted; provided, however, that in the event of a recount, the person conducting the recount may be provided access to the ballots for purposes of the recount. Each candidate for election to the Board may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed from the meeting. There shall be no cumulative voting. That number of candidates equal to the num of positions to be filled and who receive the greatest number of votes shall be elected. The dire elected by the Members shall hold office until the expiration of his or her term and until his or‘hg successor is duly elected and qualified. Directors may be elected to serve any number o consecutive terms.

by the Members shall hold office until the expiration of his or her term and until his or‘hg successor is duly elected and qualified. Directors may be elected to serve any number o consecutive terms.

Section 3.5. Removal of Directors: Vacancies. Any director elected by the Mey than the Declarant may be removed, with or without cause, by the vote o q majority of the votes entitled to be cast for the election of such director: the Declarant during the Class “B” Control Period shall not be subject to rg Declarant Members. Directors elected by the non-Declarant Members sha removal by the Declarant. Any director whose removal is sought shall beegtve other record maintained by a governmental lg convicted of a felony or crime involving moral the date the Board is presented with thg disqualified from service on the Board, vacancy for the remainder of the term.

In the event of the death.

Members other than Declarant, a vagane call for an election for the purpgse gf elect In such case, the Members shafl bdentitled Yp elct a successor to serve for the remainder of the term of such director.

B.

al meeting oO the Membershtip4hall be held at such time and place as shall be fixed by the g ataounce the actions taken at the organizational meeting, including the HMA OA CE ATONE EO om _ notice by first-class mail, postage prepaid meeting. if Section 3.7. Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined from time to time by a majority of the directors. Following expiration of the Class “B” Control Period, at least four (4) such meetings shall be held during each fiscal year with at least one (1) per quarter and regular meetings, except those held by

Following expiration of the Class “B” Control Period, at least four (4) such meetings shall be held during each fiscal year with at least one (1) per quarter and regular meetings, except those held by electronic or telephonic means, must take place in Collin County or in any county adjacent thereto.

Notice of the date, time and place of the meeting shall be communicated to directors no less than four (4) days prior to the meeting; provided, however, notice of a meeting need not be given to any director who has signed a waiver of notice or a written consent to holding of the meeting.

Section 3.8. Special Meetings. Special meetings of the Board shall be held when of by written notice signed in person or electronically by the President or by any two (2) directo The notice shall specify the date and time of the meeting, and if the meeting is held solely by using a conference telephone or.other communication system, the location of the meeting, and the ng telephonic means, must take place in Collin County or in any county adjacent thereto.

shall be given to each director by one of the following methods: (i) by perso pliver F (ii notice by first-class mail, postage prepaid; (iii) by telephone communica director or to a person at the director's office or home who would reasong communicate such notice promptly to the director; or (iv) by electronic mail, fiber-optics or other communication device. All such notices shall pews telephone number, facsimile number, registered electronic mail adget address as shown on the records of the Association. Notices seit by deposited into a United States mailbox at least four ¢ Siffe shall be given to each ery of written notice; (ii) written community on the Common Area Qtron ‘ g ach Membe Rwhownaint ins a registered ¢ electronic mail address

d States mailbox at least four ¢ Siffe shall be given to each ery of written notice; (ii) written community on the Common Area Qtron ‘ g ach Membe Rwhownaint ins a registered ¢ electronic mail address thedate of the meeting ‘gut nd . aspicuolsommunity location or on the Association’s website shall be -twOX72) hours before the start of the meeting. Notices given by electronic t seventy-two (72) hours before the time set for the meeting.

TMT AA A TTT UTI Section 3.10. Action Outside Meeting. Except as provided in this Section 3.10 below, the Board may take action outside a meeting, including voting by electronic or telephonic means, without prior notice to the Members pursuant to Section 3.9 if each Director is given a reasonable opportunity to express the Director’s opinion to all other Directors and to vote. Participation in a meeting pursuant to this subsection shall constitute presence in person at such meeting. Any action taken without notice to Members must be summarized orally, including an explanation of any known actual or estimated expenditures approved at the meeting, and documented in the minutes of the next regular or special Board meeting.

Notwithstanding the above, the Board may not, unless done in an open meeting for whje prior notice y was given to the Members under eestiiin 3.9, consider or vote on: (i) fines; (ii) daxshage instrument; (xi) the approval of an annual budget or the approval of an a budget that increases the budget by more than ten percent (10%); (xii) thi other than the repair, replacement, or enhancement of existing capital improvéq election of an officer.

Period, the Board is not required to meet in p@rsomfor’s a‘Board meeting is i Documents; (ii) increasing assessment; (iii) electing members are elected; or

ing capital improvéq election of an officer.

Period, the Board is not required to meet in p@rsomfor’s a‘Board meeting is i Documents; (ii) increasing assessment; (iii) electing members are elected; or the amount of the regular assessment or non-developer Board members or establit (iv) changing the voting rights of the Me ard meeting is not required to be given to ember signs a written waiver of notice MT to TOME ALAA ATE: TMT atta Cee ene ret lke mtn ERA th ame 5S] committee may participate in a meeting of the Board or committee, respectively, by means of conference telephone, or similar communications equipment, or another suitable electronic communications system, including videoconferencing technology or the Internet, or any combination, if (i) the telephone or other equipment or system permits each director to hear and ~ be heard by every other director. Except for telephonic or electronic Board or committee meetings conducted during the Development Period or any portion of a Board or committee meeting Ii conducted in executive session, telephonic or electronic meetings must permit all Members in i attendance to hear all directors, and Members are allowed to listen using electronic or telephonic } communication method used or expected to be used by a director to participate, and the notice of | the meeting includes instructions for Members to access any communication method required to | be accessible hereunder.

Section 3.14. Quorum of Board. At all meetings of the Board, a majority of the direct including at least one Declarant-appointed director if such meeting is held during the Class “B Control Period, shall constitute a quorum for the transaction of business, and the directors prese

irect including at least one Declarant-appointed director if such meeting is held during the Class “B Control Period, shall constitute a quorum for the transaction of business, and the directors prese at a meeting at which a quorum is present shall constitute the decision of the Board. A mgt which a quorum is initially present may continue to transact business, notwithstg withdrawal of directors, if any action taken is approved by at least a ity of fhe fe quorum for that meeting. If any meeting of. the Board cannot be held present, a majority of the directors who are present at such meeting may adjoy date and time not less than ten (10) nor more than sixty (60) days from the date the was called, subject to the notice requirements set forth in Section 3.9 aind-Se reconvened meeting, if a quorum is present, any business which pfight hayt meeting originally called may be transacted without her notice.

jeCumvent the right notice of the continued meeting if the recess js t4&ken ip € i special Board meeting is of Members to notice of and attend Boapd taeetings. &f meeting to another day, the Board shall§gi l inuaivon in at least one manner prescribed by Section 3.9 within two (2) i all re€eive any compensation from the Bers representing a majority of the total PO AA LT TT TNT TA TET meetings of the Board shall be open to all Members, but Members other than directors may not participate in any discussion or deliberation unless permission to speak is requested on his or her behalf by a director. In such case, the President may limit the time any Member may speak.

Notwithstanding the above, the Board may adjourn any meeting of the Board and reconvene in executive session, excluding Members, to discuss the following matters: (i) personnel matters; (ii)

ay speak.

Notwithstanding the above, the Board may adjourn any meeting of the Board and reconvene in executive session, excluding Members, to discuss the following matters: (i) personnel matters; (ii) pending or threatened litigation; (iii) contract negotiations; (iv) enforcement actions; (v) confidential communications with attorneys; (vi) matters involving the invasion of privacy of individual Members; or (vii) matters that are to remain confidential by request of the affected parties and agreement of the Board. The general nature of any business to be considered in executive session must first be announced at the open meeting. Any decision made or expenditure approved shall be orally summarized (including a general explanation of expenditures) at ag meeting and recorded in the minutes of the meeting in such a manner as to protect the sensitix confidential nature of the information discussed. .

Section 3.19. Action Outside a Formal Meeting. Except with respect to those mgtke which must be considered or voted upon at an open meeting of the Board pursuant tg Section 209.0051(h) of the Code, actions may be taken outside a meeting of the Board, and notice to the Members, electronically or telephonically. The Board shal ly s action taken outside a meeting, including an explanation of any ae: expenditures approved, at the next Board meeting and shall record those acto, that next meeting.

C. Powers and Duties.

Section 3.21. Duties. The duti following: on expenses, establishing the means and establishing the period of the installment mless otherwise determined by the Board, the ghare of the common expenses shall be payable on A ATT AAA AUNT TSAO TEES NOT TTOETT At _ she lm ed lens tk tt Ah ls tm hh tts held nh let Sh tl math AR Rmseaaha

otherwise determined by the Board, the ghare of the common expenses shall be payable on A ATT AAA AUNT TSAO TEES NOT TTOETT At _ she lm ed lens tk tt Ah ls tm hh tts held nh let Sh tl math AR Rmseaaha the Association and the maintenance, operation, repair and replacement of its property and the Common Area and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies and materials to be used by such personnel in the performance of their duties; (e) collecting the assessments, depositing the proceeds thereof in a bank depository which it shall approve and using the proceeds to operate the Association; provided, any reserve fund may be deposited in the directors’ best business judgment, in depositories other than banks; (f) making and amending rules and regulations; (g) opening of bank accounts on behalf of the Association and designating signatories required; (h) making or contracting for the making of repairs, additions and improv to or alterations of the Common Area in accordance with the other provisions of the Dgefaratio and these Bylaws after damage or destruction by fire or other casualty; (i) enforcing by legal means the provisions of the Go bringing any proceedings which may be instituted on behalf of or against the the Association; (j) obtaining and carrying insurance against casualtig in the Declaration, and paying the premium cost thereof, not chargeable directly to specific Owners; (1) keeping books with detgé the Association and its administration, other expenses incurred; ¢. The Board may employ for the Association a professional hypensation established by the Board to perform such duties e Beard's supervision, all of the powers granted to the Board by these

incurred; ¢. The Board may employ for the Association a professional hypensation established by the Board to perform such duties e Beard's supervision, all of the powers granted to the Board by these Gwent Agent shall obtain and continue in effect during the term of the A AT TA A OAT TATTOOS engagement, normal commercial insurance and crime insurance, naming the Association as an additional insured thereunder.

Section 3.23. Accounts and Reports. The following management standards of performance will be followed unless the Board by resolution specifically determines otherwise: (a) accrual or cash accounting, as defined by generally accepted accounting principles, shall be employed; (b) accounting and controls should conform to generally accepted accounting principles; (c) cash accounts of the Association shall not be commingled with any ot accounts; form of commissions, finder's fees, service fees, prizes, gifts or other received shall benefit the Association; (f) an annual report consisting of at least os follo all Members within one hundred twenty (120) days a sheet; (ii) an operating (income statement); and (iiijxg for the fiscal year. The annual report referred to oovy shal or compiled basis, as determined by the Board, e accefintant; provided, Mortgage on a Lot, the . iif respect to the Common Area, and in the Declaration, the Association shall have the ance of various duties and functions. Without and without the Property. Such agreements shall require the ker of directors of the Association.

Article IV Officers mul, AL A TOM MOO EDO OO Section 4.1. Officers. The officers of the Association shall be a President, Vice President, Secretary and Treasurer, to be elected from among the members of the Board. The Board may

A TOM MOO EDO OO Section 4.1. Officers. The officers of the Association shall be a President, Vice President, Secretary and Treasurer, to be elected from among the members of the Board. The Board may appoint such other officers, including one or more Assistant Secretaries and one or more Assistant Treasurers, as it shall deem desirable, such officers to have the authority and perform the duties prescribed from time to time by the Board. Any two or more offices may be held by the same person, except the offices of President and Secretary.

Section 4.2. Election and Term of Office. The officers of the Association shall be elected annually by the Board at the first meeting of the Board following each annual meeting of the Members.

Section 4.3. Removal and Vacancies. Any officer may be removed by the Board whene in its judgment the best interests of the Association will be served thereby. A vacancy in any offic arising because of death, resignation, removal or otherwise may be filled by the Board fg unexpired portion of the term.

powers and duties as generally pertain to their respective offices, as well a Section 4.4. Powers and Duties. The officers of the =aee as may from time to time specifically be conferred or imposed by the Boar Section 4.5. Resignation. Any officer may reg the Board, the President or the Secretary. Such rgsjox receipt of such notice or at any later time specified the#ei the acceptance of such resignation shall not be nf All agreements, Associ itn shall be executed by at Committees Committees are hereby authorized to perform such tasks and to serve $onated by a resolution adopted by a majority of the directors present at a meeting &whick a qud is present. Each committee shall cooperate in accordance with the

ed to perform such tasks and to serve $onated by a resolution adopted by a majority of the directors present at a meeting &whick a qud is present. Each committee shall cooperate in accordance with the of the Board designating the committee or with rules adopted by the Board GAOT UAT DAO ET OUTS PTA of Directors.

Article VI Miscellaneous Section 6.1. Fiscal Year. The fiscal year of the Association shall be set by resolution of the Board. In the absence of a resolution, the fiscal year shall be the calendar year.

Section 6.2. Conflicts. If there are conflicts between the provisions of Texas law, the Certificate of Formation, the Declaration and these Bylaws, the provisions of Texas law, the Declaration, the Certificate of Formation and the Bylaws (in that order) shall prevail.

Section 6.3. Books and Records.

(a) Inspection by Mortgagees. Except for Confidential Records (as defingd in Section 6.3(e) below), the books and records of the Association (including financial recop@S) sha be made available for inspection and copying by any holder, insurer or guaranto¥ofAmh Mortgage on a Lot, or by the duly appointed representative of any of the ing, #por request stating a proper purpose for the request. Such inspection shall Cog ine business hours at the office of the Association or at such other place wit Board shall prescribe. The cost, including copy charges, document retrievg reasonable administrative fee, shall be at the expense of the requesting p to be paid in advance of the inspection.

(b) Inspection or Production of Regs submit a written request to the Board or its represgin the request to the Member or to a pers Member’s agent, attorney or certified books and records identified in the reque books and records, the Association mps

tten request to the Board or its represgin the request to the Member or to a pers Member’s agent, attorney or certified books and records identified in the reque books and records, the Association mps 8) bustaess days, inform the Member of that fact on or before the ten So produce the records on or before fifteen (15) business days ecords prodaction end cdpying policy that prescribes the costs for compilation, production and Naying of AsSpciation records in response to a Member’s records request. Upon adoption and tall Mi OT TO eT recordation of this policy, the Association may require the Member to pay, in advance, the estimated costs of the records inspection or production (subject to the cost limitations set forth under law). On or before the thirtieth (3 0") business day following the completion of the document inspection or production, the Association shall send the Member a final accounting invoice for the inspection or production. If the actual costs exceed the estimated costs of the inspection or production, the Member must reimburse the Association on or before thirty (30) business days of the final accounting invoice. In the event that the Member fails to timely reimburse the Association, the unpaid balance of the invoice shall be added to and become a part of the Member’s assessment obligation to the Association and a lien against the Member’s Lot, and may be collected in the same manner as any other assessment payable to the Association. If the actual costs are less than the estimated costs of the inspection or production of records, the Association shall refupq the excess amount to the Member on or before the thirtieth (30) business day after the date the Association sends the final accounting invoice.

n or production of records, the Association shall refupq the excess amount to the Member on or before the thirtieth (30) business day after the date the Association sends the final accounting invoice.

(d) Inspection by Directors. Every director shall have the absolute right atg reasonable time to inspect all books, records and documents of the Association and the p i Property owned or controlled by the Association. The right of inspection by a directof ine the right to make extracts and a copy of relevant documents at the “, Assgciagon idéd (e) Confidential Records. Except as hereinafter prov Bylaws, Confidential Records shall mean and include records that identifiy-e violation history, a Member’s personal financial information (includip§ pa’ information) with the Association, a Member’s contact informati6n address in the development), employee records, ros fileB a 2 Association (excluding invoices requested by a Mgay g of the Texas aftorney client am $ inspection or production request consents in writing tgAIn i onfidential Records, the Association must allow the requesting raley- inspe dential Records or the Section 6.4. Notices. Unless therwise provi in tese Bylaws, all notices, demands, bills, statements or other comm aws shall be in writing and shall be deemed to have been duly give postage prepaid: (a) e Association, the Board, or the managing agent, at the principal le managing agent, if any, or at the address listed in the most recent #icate, or at such other address as shall be designated by notice in érs pursuant to this Section.

AC NT TMT mT Section 6.5. Amendment.

(a) By Declarant. During the Development Period, the Declarant may unilaterally amend these Bylaws at any time and from time to time for any purpose.

this Section.

AC NT TMT mT Section 6.5. Amendment.

(a) By Declarant. During the Development Period, the Declarant may unilaterally amend these Bylaws at any time and from time to time for any purpose.

(b) By Members. Except as provided above and otherwise specifically provided herein, these Bylaws may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing at least fifty-one percent (51%) of the total votes in the Association, and the consent of the Declarant until expiration of the Development Period. Notwithstanding the above, the percentage of votes necessary to amend a specific clayse shall not be less than the prescribed percentage of affirmative votes required for action to be t¢ under that clause. Any amendment to be effective must be recorded in the County Clerk Offictg Records of Collin County, Texas.

If an Owner consents to any amendment to the Declaration or these Bylaws be conclusively presumed that such Owner has the authority so to consent and ng provision in any mortgage or contract between the Owner and a third p affectfthe yalig of such amendment.

No amendment may remove, revoke or modify any right o Declarant without the written consent of the Declarant (or the assignee O TH A A ON CA ODT mul SECRETARY’S CERTIFICATE I, the undersigned, am the duly elected and acting Secretary of CHAMBERLAIN PLACE HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation, and I do hereby certify: That the within and foregoing Bylaws were adopted as the Bylaws of said corporation as of the 1. day of Janusry , 2017, that the same do now constitute the Bylaws of said corporation, and that they have not been modified, amended nor rescinded.

LT TT LIE EXHIBIT "D"

017, that the same do now constitute the Bylaws of said corporation, and that they have not been modified, amended nor rescinded.

LT TT LIE EXHIBIT "D" Certificate of Formation ELTA AAACN SL ONTO TMT CERTIFICATE OF FORMATION OF | CHAMBERLAIN PLACE HOMEOWNERS ASSOCIATION, INC.

I, the undersigned, being of the age of eighteen years or more, acting as incorporator ofa corporation under Chapter 22 of the Texas Business Organizations Code, Tex. Civ. Stat. Ann. § 22.001 et seq. (the “Code”), as it may be amended, do hereby adopt the following Certificate of Formation for such corporation: .

Article I. Name. The name of the corporation is Chamberlain Place Homeow Association, Inc. ("Corporation" or "Association").

A tole 2: Duration. The Corporation shall have perpetual duration.

pursuant to the provisions of Chapter 22 of the Texas Business Organi seq.

Article 3. Applicable Statute. The Corporation is a Oreeni@as ‘onfdon-profit corporations by common law and the fme to time; ary or desirable to perform the obligations and duties and to out in this Certificate, the Bylaws or the Declaration, TERA TNT LOTTE TTT To i on (i) to fix, levy, and collect assessments and other charges to be levied against the property subject to the Declaration and to enforce payment thereof by any lawful means; (ii) to manage, control, operate, maintain, preserve, repair and improve the common area and facilities, and any property subsequently acquired by the Corporation, or any property owned by another, for which the Corporation, by rule, regulation, Declaration or contract, has a right or duty to provide such services; (iii) to enforce covenants, conditions or restrictions affecting any property to the

which the Corporation, by rule, regulation, Declaration or contract, has a right or duty to provide such services; (iii) to enforce covenants, conditions or restrictions affecting any property to the extent the Association may be authorized to do so under the Declaration or Bylaws; (iv) to engage in activities which will actively foster, promote and advanct common interests of all owners of property subject to the Declaration; - ~(v) to buy or otherwise “acquire, sell or “otherwise dispose of, “mo: otherwise encumber, exchange, lease, hold, use, operate and otherwise seal in ang personal, and mixed property of all kinds and any right or interest thereiy Corporation, which shall include the power to foreclose its lien on art Declaration by judicial or non-judicial means; contained in the Bylaws; (vii) to enter into, make, perform 31 description and to do all other acts necessary, purpose of the Association, with or in concert entity or agency, public or private; individuals and, as such, to advance firms or individuals; Bylaws as may be necessary or desirable for the proper managerpe g Association; provided, however, such be fofegoin atiot\of powers shall not limit or restrict in any manner the ise Ofmothek and™“urther MgbéS and powers which may now or hereafter be allowed or ited by Yaw; Pxovid’d, none of the objects or purposes herein set out shall be construed to SATA ERT OWS UOT TOOT ‘NY TOT fi authorize the Corporation to do any act in violation of the Texas Business Organizations Code, and all such objects or purposes are subject to said Code.

The powers specified in each of the paragraphs of this Article 4 are independent powers, not to be restricted by reference to or inference from the terms of any other paragraph or provision of this Article 4.

rs specified in each of the paragraphs of this Article 4 are independent powers, not to be restricted by reference to or inference from the terms of any other paragraph or provision of this Article 4.

Article 5. Definitions. All capitalized terms used in this Certificate of Formation shall be defined in the same manner as defined in the Declaration, which definitions are incorporated herein by this reference.

Article 6. Membership. The Corporation shall be a membership corporation certificates or shares of stock. All Owners (as defined in the Declaration), by virtue o ownership of Lots subject to the Declaration, are members of the Association. The membée shall be divided into classes and entitled to a vote in accordance with the Declaration_and By oe oll Article 7. Board of Directors. The business and affairs of conducted, managed and controlled by a Board of Directors (the delegate such operating authority to such companies, individuals or cB discretion, may determine. The Board shall consist of no less than three five (5) members. The initial Board shall consist of the following three Name Bruce Smith Jim Williams, Jr.

Douglas Mousel AACA A SAM AO MOTTO OARS TOT