t 523-1 4~C689 \y “| 470576 DECLARATION OF . COVENANTS, CONDITIONS AND RESTRICTIONS tA FOR .
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. COPPERBROOK, SECTION FIVE DECLARATION OF COVENANTS, 523-1 4~C 690 CONDITIONS AND RESTRICTIONS FOR COPPERBROOK, SECTION FIVE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this “Declaration"), made as of the date hereinafter set forth by U.S. Home Corporation, a Delaware corporation (hereinafter referred to as “Declarant"): WITNESSETH: WHEREAS, Declarant is the owner of the 13.62 acre tract of land which has been platted as Copperbrook, Section Five (5), a subdivision of land in Harris County, Texas according to the map or plat thereof recorded under Film Code Number T414443 of the Map Records of Harris County, Texas (the "Subdivision"); and WHEREAS, it is the desire of Declarant to provide a common plan as to the use, permissible construction, and common amenities of the property in such subdivision and, to this end to subject the Lots (hereinafter defined) in the Subdivision to the covenants, conditions and restrictions hereinafter set forth for the benefit of all present and future owners thereof: NOW, THEREFORE, Declarant hereby declares that the Lots in the Subdivision shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which shall run with said Lots and shall be binding upon all parties having any right, title or interest in said Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit-of each owner thereof.
ARTICLE | DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: SECTION 1. “Association” shall mean and refer to Copperbrook Homeowners
each owner thereof.
ARTICLE | DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: SECTION 1. “Association” shall mean and refer to Copperbrook Homeowners Association, Inc., a Texas non-profit corporation, its successors and assigns.
SECTION 2. "Builder" shall mean and refer to any person or entity undertaking the construction of a residence on a Lot other than the Declarant.
SECTION 3. “Common Area" shall mean and refer to all proper-ties, real or personal, owned, leased or used by the Association for the common use and enjoyment of the Members (hereinafter defined) of the Association.
RLRi758348,\DR12301.20 923-1 4-(69| SECTION 4. “Declarant” shall mean and refer to U.S. Home Corporation, a Delaware corporation, its successors or assigns provided that an assign is designated in writing by the Declarant as an assign of all, or part, of the rights of the Declarant under this Declaration.
SECTION 5. "Lot” shall mean and refer to any of the numbered lots shown a plat of a portion of the Properties intended for the construction of a residence, excluding all reserve tracts shown on the plat, but including Lots hereafter created by a replat of any reserve tracts.
SECTION 6. “Member” shall refer to every person or entity which holds a membership in the Association.
SECTION 7. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation or those owning an easement right, a mineral interest, or a royalty interest, SECTION 8. "Properties" shall mean and refer to the real property within the
security for the performance of an obligation or those owning an easement right, a mineral interest, or a royalty interest, SECTION 8. "Properties" shall mean and refer to the real property within the jurisdiction of the Association including the property within Copperbrook, Section One and Copperbrook, Section Two, the property within the Subdivision, and any additional property hereafter added to the jurisdiction of the Association as provided herein.
SECTION 9. "Street" shall refer to any publicly dedicated street, drive, boulevard, road, alley, lane, avenue, or thoroughfare.
SECTION 10. “Subdivision Fence" shail refer to the fence with supporting columns owned by the Association which has been installed or will be installed along West Road and to any other fences which are owned by and accepted for maintenance by the Association.
SECTION 11. "Westland Four Association" shall mean and refer to Westland Section Four Owners Association, a Texas non-profit corporation organized for the purpose of administering and enforcing the provisions of the restrictive covenants applicable to an approximately 133.986 acre tract of land and an approximately 11.997 acre tract of land described in and subject to the provisions of the Westland Four Declaration, which includes the land within the Subdivision. The Association is a member of the Westland Four Association as set forth in the Westland Four Declaration.
SECTION 12. "Westiand Four Declaration" shall mean and refer to that certain Amended and Restated Protective Covenants instrument applicable to the property S23-1 4-692 within the jurisdiction of the Westland Four Association, including the Subdivision as the same may hereafter be amended, which instrument has been recorded in the Real
S23-1 4-692 within the jurisdiction of the Westland Four Association, including the Subdivision as the same may hereafter be amended, which instrument has been recorded in the Real Property Records of Harris County, Texas.
ARTICLE Il COPPERBROOK ARCHITECTURAL CONTROL COMMITTEE SECTION 1. CREATION. The Declaration of Covenants, Conditions and Restrictions for Copperbrook, Section One created an Architectural Control Committee (herein referred to as the "Committee") which is the Residential ACC referred to in the Westland Four Declaration with jurisdiction over the Properties and shall perform the duties specified in the Westland Four Declaration with respect to the Properties as well as its duties under this Declaration. No person serving on the Committee shall be entitled to compensation from the Association for services performed in such capacity, however, the Committee may employ, at the expense of the Association, one or more architects, engineers, attorneys, or other consultants to assist the Committee in carrying out its duties, SECTION 2. APPOINTMENT OF MEMBERS; REMOVAL. The Declarant shall have the right to appoint all members of the Committee as well as the right to remove any member until it has sold and conveyed all of its Lots in the Properties and is no longer a Member of the Association. Prior to such date, in the event of the death, or removal or resignation of any person serving on the Committee, the Declarant, by recorded written instrument, shall designate a successor, or successors, who shall have all of the authority and power of his or their predecessor(s}. Until such Successor member or members shall have been so appointed, the remaining member or members shall have full authority to exercise the powers herein granted to the
his or their predecessor(s}. Until such Successor member or members shall have been so appointed, the remaining member or members shall have full authority to exercise the powers herein granted to the Committee. After the date on which the Declarant has sold and conveyed all of its Lots within the Properties, the Board of Directors of the Association may perform the functions of the Committee or from time to time, appoint and remove the members of the Committee.
SECTION 3. POWERS OF THE COMMITTEE. No building, structure or other improvements shall be constructed on any Lot, and no exterior alteration therein shall be made until the site plan and the final working plans and specifications have been submitted to and approved in writing by majority vote of the Committee as to conformity with the restrictions herein contained and harmony of external design and location in relation to existing structures and topography. In the event the Committee fails to approve or disapprove the site plan and final working plans and specifications for proposed improvements within forty-five (45) days after submission of all of such materials to the Committee, approval thereof shall be deemed to have been given; provided, however, failure to approve or disapprove such site plan and final working plans and specifications shall not be deemed to permit the construction of any improvements in a manner prohibited under the terms of this Declaration.
The Committee shall have the right to specify architectural and aesthetic requirements for building sites, minimum setback lines, the location, height, and extent of fences, walls, or other screening devices, the orientation of structures with respect
tectural and aesthetic requirements for building sites, minimum setback lines, the location, height, and extent of fences, walls, or other screening devices, the orientation of structures with respect to streets, walks, paths and structures on adjacent property and shall have the right to limit the number of acceptable exterior materials and finishes that may be utilized in construction or repair of improvements. The Committee shall have full power and authority to reject any site plan or final working plans and specifications that do not comply with the restrictions herein contained or that do not meet its minimum construction or architectural design requirements or that, in the sole and uncontrolled discretion and opinion of the Committee, will not be compatible with the overall character and aesthetics of the Subdivision.
The Committee shall have the right, exercisable at its sole discretion, to grant variances to certain restrictions in specific instances where the Committee in good faith deems that such variance does not adversely affect the architectural and environmental integrity of the Subdivision. The Committee may require the submission to it of such documents and items as it shall deem appropriate in connection with its consideration of a request for a variance. If the Committee shall approve such request for a variance, it shall evidence such approval, and grant its permission for such variance, only by written instrument addressed to the Owner of the property relative to which such variance has been requested, describing the applicable restriction(s) and the particular variance requested, expressing the decision of the Committee to permit the variance, and describing (when applicable) the conditions on which the variance
applicable restriction(s) and the particular variance requested, expressing the decision of the Committee to permit the variance, and describing (when applicable) the conditions on which the variance has been approved. Any request for a variance shall be deemed to have been disapproved in the event of either (a) written notice of disapproval from the Committee or (b) failure by the Committee to respond to the request for variance.
The Committee may, atits discretion, grant the approval required by this Article Il for one site plan and one set of plans and specifications submitted by a Builder for improvements on multiple Lots, and such approval shall be effective for each Lot on which such improvements are constructed, SECTION 4, LIMITATION OF LIABILITY. The Committee has no liability or obligation whatsoever in connection with any plans and/or specifications and no responsibility for the adequacy thereof or for the construction of any improvements contemplated by any such plans and/or specifications. The Committee has no duty to inspect any improvements; and, if the Committee should inspect any improvements, the Committee shall have no liability or obligation to any party arising out of such inspection. The Committee expressly shall have no liability or responsibility for defects in or omissions from any plans and/or specifications or for defects in or omissions from the construction of any improvements. Notwithstanding any covenant, condition or term contained in this Declaration or provision of the By-Laws of the Association to the contrary, the Committee shall not have any liability to any Owner arising or resulting from any act or omission of the Committee taken or omitted pursuant to this 523+14-C604
contrary, the Committee shall not have any liability to any Owner arising or resulting from any act or omission of the Committee taken or omitted pursuant to this 523+14-C604 Declaration or the By-Laws of the Association. Each Owner by accepting a conveyance of any Lot or of any portion of the Properties conclusively shall be deemed to have unconditionally and irrevocably waived all claims against the Committee arising or resulting from acts or omissions pursuant to this Declaration or the By-Laws of the Association.
ARTICLE Ili COPPERBROOK HOMEOWNERS ASSOCIATION, INC.
SECTION 1, ORGANIZATION. Declarant has caused the Association to be organized and formed as a non-profit corporation under the laws of the State of Texas.
The principal purposes of the Association are the collection, expenditure, and management of the maintenance funds, enforcement of the restrictive covenants contained herein, and architectural control of the Lots in the Properties. The Association is a member of the Westland Four Association and has the rights and obligations set forth in the organizational documents of such corporation and in the Westland Four Declaration.
SECTION 2. BOARD OF DIRECTORS. The Association shail act through a Board of Directors (the "Board") having a minimum of three (3) and a maximum of five (5) members. The Board shall consist of three (3) members unless or until the ByLaws are amended to increase such number. The Board shall manage the affairs of the Association as specified in this Declaration and the By-Laws of the Association.
SECTION 3. MEMBERSHIP. Every Owner of a Lot in the Properties shail be a Member of the Association. Membership shall be appurtenant to and may not be
is Declaration and the By-Laws of the Association.
SECTION 3. MEMBERSHIP. Every Owner of a Lot in the Properties shail be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association.
SECTION 4, VOTING RIGHTS. The Association shall initially have two (2) classes of membership as follows: Class A. Class A Members shall be all persons or entities who own a Lot in the Properties with the exception of the Declarant. After the Conversion Date (as hereinafter defined), the Declarant shall become a Class A Member, Class B. The Class B Member shall be the Declarant. The Class B membership shall cease and become converted to Class A membership on the Conversion Date.
Class A Members shail be entitled to one (1) vote for each Lot owned within the Properties and the Class B Member shall be entitled to three (3) votes for each Lot owned within the Properties. When two or more persons or entities hold undivided interests in any Lot, all such persons or entities shall be Class A Members, and the vote for the Lot owned by such Members shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to each Lot in which such Members own undivided interests.
SECTION 5. CONVERSION DATE. The Conversion Date shali occur on the earlier of: {i) The date the total number of votes of the Class A Members equals the number of votes of the Class B Member; or Declarant in a written instrument recorded by Declarant in the Official Public Records of Real Property of Harris County, Texas.
Declarant in a written instrument recorded by Declarant in the Official Public Records of Real Property of Harris County, Texas.
SECTION 6. TERMINATION OF MEMBERSHIP. The membership of a person or entity in the Association shall terminate automatically whenever such person or entity ceases to be an Owner, except that such termination shall not release or relieve any such person or entity from any liability or obligation incurred under or in any way connected with the Association or this Declaration during the period of ownership, nor impair any rights or remedies which the Association or any other Owner has with regard to such former Owner.
SECTION 7. WESTLAND FOUR ASSOCIATION. The Association is a member of the Westland Four Association pursuant to the articles of incorporation of such - entity and the Westland Four Declaration. As a member of the Westland Four Association, the Association has the right to cast votes on certain matters of the Westland Four Association based on the number of Lots within the jurisdiction of the Association and is obligated to pay assessments to the Westland Four Association as set forth in the Westland Four Declaration, which obligation is secured by a lien in favor of the Westland Four Association against the Common Area.
ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS SECTION 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION FOR ASSESSMENTS. The Declarant, for each Lot within the Subdivision, hereby covenants and each Owner of any Lot within the Subdivision, by acceptance of a deed therefor, whether or not it shall be expressed in the deed or other evidence of the conveyance, is deemed to covenant and agree to pay the Association (i) annual
e Subdivision, by acceptance of a deed therefor, whether or not it shall be expressed in the deed or other evidence of the conveyance, is deemed to covenant and agree to pay the Association (i) annual assessments or charges to be fixed, established and collected as hereinafter provided.
These assessments and charges, together with interest thereon as hereinafter 523-1 4-C6G6 provided, costs of collection, and reasonable attorney's fees, shall be a charge on the land and shall be secured by a continuing lien upon the property against which such assessments or charges are made. Each such assessment or charge, together with such interest, late charges, costs of collection, and reasonable attorney's fees shall also be and remain the personal obligation of the Owner of the particular Lot at the time the assessment or charge fell due notwithstanding any subsequent transfer of title of such property, The personal obligation for delinquent assessments and charges shall not pass to successors in title unless expressly assumed by them. However, successors in title shall nonetheless acquire title to the land subject to the lien securing the assessments and changes.
SECTION 2. PURPOSE OF ANNUAL ASSESSMENTS. The annualassessments levied by the Association shall be used for carrying out the purposes of the Association as stated in its Articles of Incorporation, this Declaration and all other restrictive covenants instruments administered by the Association. The judgment of the Board of Directors of the Association in determining the functions to be performed by the Association, in determining the amount of annua! assessments, and in the
the Association. The judgment of the Board of Directors of the Association in determining the functions to be performed by the Association, in determining the amount of annua! assessments, and in the expenditure of funds shall be final and conclusive so long as its judgment is exercised in good faith. Such funds may be used to finance all or any of the following: i. Operation, maintenance, repair, and improvement of the Common Area, the Subdivision Fence and the entryway(s) into and entry monuments of the Properties; if. Payment of taxes and premiums for insurance coverage in connection with the Common Area and for directors and officers liability insurance; iii. Paying the cost of labor, equipment (including expense of leasing any equipment), material, and any associated management or supervisory services and fees required for management and supervision of the Common Area: iv. Paying the cost and fees of a manager or firm retained to carry out the duties of the Association or to manage the affairs and property of the Association: Vv. Maintaining or replacing any landscaping in the Common Area; vi. Designing, purchasing and installing any improvements to the Common Area: vii, Mowing and routine maintenance of the Common Area; 523-1 4~C6g7 viii. Removing debris from the Common Area; ix. Contracting for street lights in the Properties; x. Collecting and disposing of trash, garbage, ashes, rubbish and other similar materials; xi. Payment of legal fees and expenses incurred to collect assessments and enforce this Declaration; xii. Employing policemen or watchmen and/or a_ security service; xiii. Contracting for insect and pest contro! such as mosquito fogging; xiv. Paying the annual assessment and any special assessments
; xii. Employing policemen or watchmen and/or a_ security service; xiii. Contracting for insect and pest contro! such as mosquito fogging; xiv. Paying the annual assessment and any special assessments made by the Westland Four Association pursuant to the Westland Four Declaration against the property within the jurisdiction of the Association and the jurisdiction of the Westland Four Association. tn this regard, it is noted that although annual assessments and special assessments by the Westland Four Association will be made based on the aggregate acreage within the Lots, the Association will pay such assessment for all of the Lots in its jurisdiction with funds obtained from the annual assessment herein provided for which shall be uniform as to each Lot within its jurisdiction; xv. Carrying out the duties of the Board of Directors of the Association; xvi. Creation and funding of such reserve funds as the Board of Directors of the Association deems necessary; and xvii. Carrying out such purposes of the Association as generally benefit the Members of the Association.
As stated hereinabove, the Association shall not be obligated to perform all of the foregoing functions or any particular function except that the Association shall be obligated to pay assessments to the Westland Four Association as required by the provisions of the Westland Four Declaration. The judgment of the Board of Directors of the Association in establishing annua! assessments and in the expenditure of said funds shall be final and conclusive so long as said judgment is exercised in good faith.
923" | 4-698 SECTION 3. MAXIMUM LEVEL OF ANNUAL ASSESSMENTS. The maximum annual assessment by the Association for 1995, the initial year of assessment, was
ised in good faith.
923" | 4-698 SECTION 3. MAXIMUM LEVEL OF ANNUAL ASSESSMENTS. The maximum annual assessment by the Association for 1995, the initial year of assessment, was $360 per Lot. The maximum annual assessment may be increased by the Board of Directors of the Association, at its sole discretion, in each year after 1995 by an year without a vote of the Members of the Association. The maximum annual assessment may be increased above ten percent (10%) by a two-thirds (2/3rds) vote of each class of the Members who are voting in person or by proxy, at a meeting duly called for this purpose. After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment at any amount not in excess of the maximum.
SECTION 4. SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS. In addition to the annual assessment authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, or repair or replacement of a capital improvement located upon the Common Area, including fixtures and personal property related thereto: provided, however, any special assessment which is greater than 25% of the then maximum annual assessment must be approved by a two-thirds (2/3rds) vote of each class of the Members who are voting in person or by proxy at a meeting duly called for this purpose, Notwithstanding the foregoing to the contrary, the Association may levy a special assessment without the requirement of any Member vote in an amount which is
at a meeting duly called for this purpose, Notwithstanding the foregoing to the contrary, the Association may levy a special assessment without the requirement of any Member vote in an amount which is required to enable the Association to make payment for all of the Lots of a special assessment levied by the Westland Four Association solely with the funds from such special assessment. Special assessments may be collected ona monthly basis at the Board's election.
SECTION 5. NOTICE AND QUORUM. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 or 4 above shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast ten percent (10%) of the votes of the Association’s membership shall constitute a quorum. If the required quorum is not present or represented, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (I/2) of the required quorum at the preceding meetings. No subsequent meeting shall be held more than 60 days following the preceding meeting.
_ SECTION 6. RATES OF ASSESSMENT. Both annual and special assessments on all Lots shall be fixed at uniform rates and all Lots in the Subdivision shall commence to bear their assessment simultaneously; provided, however, the annual assessment on Lots owned by Declarant or a Builder shall be assessed at the rate of twenty-five percent (25%) of the assessment on all other Lots in the Properties. The 923" | 4-699 rate of assessment for an individual Lot, within a calendar year, shall change as the
ive percent (25%) of the assessment on all other Lots in the Properties. The 923" | 4-699 rate of assessment for an individual Lot, within a calendar year, shall change as the ownership of such Lot passes from the Declarant or a Builder, and the applicable assessment for such Lot shail be prorated according to the applicable rate during each type of ownership.
SECTION 7. DATE OF COMMENCEMENT AND DETERMINATION OF ANNUAL | ASSESSMENT. The annual assessment provided for herein shall commence as to all Lots in the Subdivision on the first day of the month following the conveyance of the first Lot in the Subdivision with a residence to an individual Owner, The assessment for such year shall be adjusted according to the number of months remaining in the calendar year and shall be due and payable thirty (30) days after notice of the assessment is sent to every Owner whose Lot is subject to assessment except that assessments on Lots owned by the Declarant and Builders may be accrued and paid upon conveyance to an individual Owner. On or before the 30th day of November in each year, the Board of Directors of the Association shail fix the amount of the annual assessment to be levied against each Lot in the next calendar year. Written notice of the figure at which the Board of Directors of the Association has set the annual assessment shall be sent to every Owner whose Lot is subject to the payment thereof.
Each annual assessment shall be due and payable in advance on the first day of January of each calendar year; provided, however, assessments on Lots owned by the Declarant and Builders may be accrued and paid upon conveyance to an individual Owner. The Association shall, upon demand, and for reasonable charge, furnish a
owever, assessments on Lots owned by the Declarant and Builders may be accrued and paid upon conveyance to an individual Owner. The Association shall, upon demand, and for reasonable charge, furnish a certificate signed by an officer or authorized representative of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a particular Lot is binding upon the Association as of the date of its issuance.
SECTION 8. EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION. Any assessments or charges which are not paid when due shall be delinquent. If an assessment or charge is not paid within thirty (30) days after the due date, it shall bear interest at the rate of twelve percent (12%) per annum from the due date and at its option, the Board may impose a late charge of 15% of the amount of any assessment which is not paid within one hundred and twenty (120) days after the due date. The Association may bring an action at law against the Owner personally obligated to pay the assessment, or to foreclose the lien herein retained against the property. Interest as above specified, late charges, if applicable, costs and reasonable attorney’s fees incurred in any such action shall be added to the amount of such assessment or charge.
The lien in favor of the Association is created by the recordation of this Declaration, which constitutes record notice and perfection of the lien. No other recordation of a lien or notice of lien shall be or is required. By acquiring a Lot, an Owner grants to the Association a power of sale in connection with the Association’s lien. By written resolution, the Board of Directors of the Association may appoint,
equired. By acquiring a Lot, an Owner grants to the Association a power of sale in connection with the Association’s lien. By written resolution, the Board of Directors of the Association may appoint, 923-1 4-700 from time to time, an officer, agent, trustee, or attorney of the Association to exercise the power of sale on behalf of the Association. The Association shall exercise its power of sale pursuant to Section-51.002 of the Texas Property Code, and any applicable revision(s), anendment(s), or recodifications thereof in effect at the time of the exercise of such power of sale. The Association has the right to foreclose its lien judicially or by nonjudicial foreclosure pursuant to the power of sale created hereby. Costs of foreclosure may be added to the amount owed by the Owner to the Association. An Owner may not petition a court to set aside a sale solely because the purchase price at the foreclosure sale was insufficient to fully satisfy the Owner’s debt. The Association may bid for and purchase the Lot at the foreclosure sale utilizing funds of the Association. The Association may own, lease, encumber, exchange, sell, or convey a Lot. The purchaser at any such foreclosure sale shall be entitled to sue for recovery of possession of the Lot by an action of forcible detainer without the necessity of giving any notice to the former owner or owners of the Lot sold at foreclosure. The Owner shall have no right of redemption after or resulting from a foreclosure sale of the Association's lien. Nothing herein shall prohibit the Association from taking a deed in lieu of foreclosure or from filing suit to recover a money judgment for sums that may be secured by the lien. At any time before a
. Nothing herein shall prohibit the Association from taking a deed in lieu of foreclosure or from filing suit to recover a money judgment for sums that may be secured by the lien. At any time before a nonjudicial foreclosure sale, an Owner of a Lot may avoid foreclosure by paying all amounts due the Associjation. Foreclosure of a tax lien attaching against a Lot under Chapter 32, Tax Code, shall not discharge the Association’s lien under this paragraph for amounts becoming due to the Association after the date of foreclosure of the tax lien, No Owner may waive or otherwise escape liability for the assessments provided for in this Declaration by non-use of the Common Area or abandonment of his Lot.
SECTION 9. SUBORDINATION OF THE LIEN TO MORTGAGES. As _ herein above provided, the title to each Lot shall be subject to a lien securing the payment of all assessments and charges due the Association, but the lien shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the lien in favor of the Association provided, however, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shail extinguish the lien securing such assessment or charge as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot or the Owner thereof from liability for any charges or assessments thereafter becoming due or from the lien thereof. In addition to the automatic subordination provided for hereinabove, the Association, in the sole discretion of its Board of Directors, may subordinate the lien securing any assessment provided for herein to any other mortgage lien or encumbrance, subject to such limitations, if any, as the Board of Directors may determine.
Directors, may subordinate the lien securing any assessment provided for herein to any other mortgage lien or encumbrance, subject to such limitations, if any, as the Board of Directors may determine.
SECTION 10. EXEMPT PROPERTY. All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Texas shall be exempt from the assessments and charges created herein. Notwithstanding the foregoing, no Lot which is used as a residence shall be exempt from said assessments and charges.
923-1 4-79 ARTICLE V PROPERTY RIGHTS IN THE COMMON AREA SECTION 1. OWNER’S EASEMENT FOR ACCESS AND ENJOYMENT. Sub-ject to the provisions herein stated, every Member shall have an easement of access and a right and easement of enjoyment in the Common Area, and such right and easement shall be appurtenant to and shall pass with the title to every Lot, subject to the lien against the Common Area created by the Westland Four Declaration to secure assessments payable by the Association to the Westland Four Association and to the following rights of the Association: (a) The Association shall have the right to charge reasonable admission and other fees for the use of any facility situated upon the Common Area.
{b) The Association shall have the right, with the approval by a two-thirds (2/3rds) vote of each class of the Members who are voting in person or by proxy at a meeting duly called for this purpose, to borrow money and to mortgage, pledge, deed in trust, or hypothecate any or all of the Common Area as security for money borrowed or debts incurred.
(c) The Association shall have the right to take such steps as are reasonably
age, pledge, deed in trust, or hypothecate any or all of the Common Area as security for money borrowed or debts incurred.
(c) The Association shall have the right to take such steps as are reasonably necessary to protect the Common Area against foreclosure of any such mortgage.
enjoyment rights of any Members for any period during which any assessment or other amount owed by such Member to the Association remains unpaid in excess of thirty (30) days.
regulations governing the Members’ use and enjoyment of the Common Area, and to suspend the enjoyment rights and voting rights of any Member for any period not to exceed sixty (60) days for any infraction of such rules and regulations.
(2/3rds) vote of each class of the Members who are voting in person or by proxy at a meeting duly called for this purpose, to sell or convey all or any part of the Common Area and the right, without the approval of the Members, to grant or dedicate easements in portions of the Common Area to public or private utility companies.
(g) The Association shall have the right to enter into agreements pursuant to which individuals who are not Members of the Association are granted the right to use the Common Area and the facilities located thereupon.
SECTION 2. DELEGATION OF USE. Each Member shall have the right to extend his rights and easements of enjoyment to the Common Area to the members of his family, to his tenants, and to such other persons as may be permitted by the Association.
ARTICLE V1 USE RESTRICTIONS
end his rights and easements of enjoyment to the Common Area to the members of his family, to his tenants, and to such other persons as may be permitted by the Association.
ARTICLE V1 USE RESTRICTIONS SECTION 1. RESIDENTIAL USE. Each and every Lot in the Subdivision is hereby restricted to residential dwellings for single family residential use only. No business, professional, commercial or manufacturing use shall be made of any Lot, even though such business, professional, commercial or manufacturing use be subordinate or incident to use of the premises as a residence. No structure other than one single family residence and its approved outbuildings shall be constructed, placed on, or permitted to remain on any Lot in the Subdivision. The use of any Lot for duplex houses, garage apartments for rental purposes, apartment houses, or mobile homes is specifically prohibited.
SECTION 2. ANIMALS AND LIVESTOCK. No animals, livestock, or poultry of any kind shalt be raised, bred, or kept on any Lot. Consistent with its use as a residence, dogs, cats, or other household pets not to exceed two (2) in number may be kept on a Lot, provided that they are not kept, bred, or maintained for any business purposes. Household pets must be confined to a fenced backyard or within the residence.
SECTION 3. NUISANCES. No noxious or offensive trade or activity shall be carried on within the Subdivision nor shall anything be done thereon which may be or become an annoyance or nuisance to residents of the Properties.
SECTION 4. STORAGE AND REPAIR OF VEHICLES/GARAGE DOORS. Unless otherwise approved by the Committee, no boat, water craft, boat trailer, boat rigging, motor home, trailer, automobile, truck, bus, camper or other vehicle shall be parked
EHICLES/GARAGE DOORS. Unless otherwise approved by the Committee, no boat, water craft, boat trailer, boat rigging, motor home, trailer, automobile, truck, bus, camper or other vehicle shall be parked or kept in a Street or on any Lot unless such vehicle is stored within a garage or otherwise screened from public view; provided, however, such vehicles may be temporarily parked in a Street or driveway for a period not exceeding forty-eight (48) hours for cleaning and loading or unloading. No Owner of any Lot or any visitor or guest of any Owner shall be permitted to perform repair work on automobiles or other vehicles in driveways or Streets. Garage doors visible from any street shall be kept in the closed position except when the garage is being actively used.
923-1 4-(703 SECTION 5. PERMITTED HOURS FOR CONSTRUCTION ACTIVITY. Exceptin an emergency or when other unusual circumstances exist, as determined by the Board of Directors of the Association, after the initia! construction of residences by the Declarant and the Builders, outside construction work or noisy interior construction work shall be permitted only on weekdays between the hours of 7:00 A.M. and 7:00 P.M, SECTION 6. DISPOSAL OF TRASH. No trash, rubbish, garbage, manure, debris, or offensive material of any kind shail be kept or allowed to remain on any Lot, nor shall any Lot be used or maintained as a dumping ground for such materials. All such matter shall be placed in sanitary refuse containers constructed of metal, plastic or masonry materials with tight fitting sanitary covers or lids and placed in an area adequately screened by planting or fencing. Equipment used for the temporary storage and/or disposal of such material prior to removal shall be kept in a clean and
covers or lids and placed in an area adequately screened by planting or fencing. Equipment used for the temporary storage and/or disposal of such material prior to removal shall be kept in a clean and sanitary condition and shall comply with all current laws and regulations and those which may be promulgated in the future by any federal, state, county, municipal or other governmental body with regard to environmental quality and waste disposal. In a manner consistent with good housekeeping, the Owner of each Lot shall remove such prohibited matter from his Lot at regular intervals at his expense.
SECTION 7, DISPOSAL OF HAZARDOUS SUBSTANCES. No gasoline, motor oil, paint, paint thinner, pesticide, or other product considered to be a contaminant or a hazardous substance under applicable federal or state laws and regulations shail be disposed of on any Lot nor shall any such material be deposited into a storm sewer, sanitary sewer manhole, drainage channel or detention pond within the Properties, but rather: all such materials shall be handled and disposed of in compliance with all applicable laws and regulations and the recommendations of the manufacturer of the applicable product or a governmental entity with jurisdiction.
SECTION 8. BUILDING MATERIALS. Unless otherwise approved by the Committee, no Lot shall be used for the storage of any materials whatsoever, except that material used in the construction of improvements erected upon any Lot may be placed upon such Lot at the time construction is commenced. During initial construction of residences by Builders in the Subdivision, building materials may be placed or stored outside the property lines. Building materials may remain on Lots for
is commenced. During initial construction of residences by Builders in the Subdivision, building materials may be placed or stored outside the property lines. Building materials may remain on Lots for a reasonable time, so long as the construction progresses without undue delay after which time these materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. Under no circumstances shall building materials be placed or stored on the Streets.
SECTION 3. MINERAL PRODUCTION. No oil drilling, oil development operations, refining, quarrying or mining operations of any kind shall be permitted upon any Lot, nor shall oif wells, tanks, tunnels, mineral excavations or shafts be permitted 923-1 4-C704 upon any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be permitted upon any Lot.
ARTICLE Vil ARCHITECTURAL RESTRICTIONS SECTION 1. TYPE OF RESIDENCE. Only one detached single family residence not more than two {2) stories in height shall be built or permitted on each Lot in the Subdivision. All residences shall have an attached or detached enclosed garage for a minimum of two (2) and a maximum of three (3) cars. All structures shall be of new construction and no structure shall be moved from another location onto any Lot. All residences must be kept in good repair and must be painted when necessary to preserve their attractiveness.
SECTION 2, LIVING AREA REQUIREMENTS. The total living area of each single family dwelling, exclusive of porches and garages, shall be not less than twelve hundred (1200) square feet.
SECTION 3. LOCATION OF RESIDENCE ON LOT. The location of each residence on a Lot will be approved by the Committee with its approval of the site
all be not less than twelve hundred (1200) square feet.
SECTION 3. LOCATION OF RESIDENCE ON LOT. The location of each residence on a Lot will be approved by the Committee with its approval of the site plan and the final working plans and specifications. No building shall be located on any Lot nearer to a Street than the minimum building setback lines shown on the plat containing such Lot and no building shall be located on any utility easement. Unless otherwise approved by the Committee, no building shall be located nearer than twenty {20) feet from the front lot line or nearer than five (5) feet to an interior lot line, except more from the front lot line may be located within three (3) feet of an interior jot line. .
Unless otherwise approved by the Committee, no residence, garage or other permitted accessary building shall be located nearer than ten (10) feet from the rear lot line. For the purposes of this section, eaves, steps and open porches or driveways shall not be considered as a part of a building.
SECTION 4. TYPE OF CONSTRUCTION. A minimum of 70% of the exterior wali area of the first floor of all residences to the top of the first floor, exclusive of doors and windows, shall be masonry, brick veneer or stucco construction, unless a variance from this restriction is specifically approved in writing by the Committee. The color of the masonry, masonry veneer or stucco used shall be approved in writing by the Committee.
No garage or accessory building shall exceed in height the dwelling to which it is appurtenant without the written consent of the Committee. Every garage and accessory building (except a greenhouse) shall correspond in style and architecture
eed in height the dwelling to which it is appurtenant without the written consent of the Committee. Every garage and accessory building (except a greenhouse) shall correspond in style and architecture with the dwelling to which it is appurtenant.
SECTION 5, TEMPORARY BUILDINGS. Unless otherwise approved by the Committee, temporary buildings or structures shall not be permitted on any Lot.
Declarant may permit temporary toilet facilities, sales and construction offices and storage areas to be used by Builders in connection with the construction and sale of residences. With the Declarant’s approval, Builders in the Subdivision may use garages as sales offices for the time during which such Builders are marketing homes within the Subdivision. At the time of the sale of a residence by a Builder, any garage appurtenant to such residence used for sales purposes must be reconverted to a garage or a garage must be added to such residence.
SECTION 6. DRIVEWAYS. On each Lot the Builder shail construct and the Owner shalt maintain at his expense the driveway from the garage to the abutting Street, including the portion of the driveway in the street easement, and the Builder shall repair at his expense any damage to the Street occasioned by connecting the driveway thereto.
SECTION 7. ROOF MATERIAL/ROOF STACKS. The roofs of all buildings shall be constructed or covered with fiberglass or dimensional shingles of a color approved by the Committee. Any other type of roofing material shall be permitted only at the discretion of the Committee. All roof stacks must be painted to match the roof color.
SECTION 8. FENCES. No fence or wail shall be erected on any Lot nearer to
material shall be permitted only at the discretion of the Committee. All roof stacks must be painted to match the roof color.
SECTION 8. FENCES. No fence or wail shall be erected on any Lot nearer to the Street than the minimum building setback lines from the Street shown on the plat of the Subdivision. The erection of chain link fences on any Lot is prohibited. Each Owner shall, at his expense, maintain the cedar fence {or other enclosure approved by the Committee) installed by the Builder to enclose the backyard of his Lot.
SECTION 9. GRASS AND SHRUBBERY. Builders shall sod the area between the front of the residence and the curb line of the abutting Street prior to the sale of the residence with grass of a type prescribed by the Committee. Thereafter the Owner of each Lot shall keep his Lot mowed to prevent unsightly appearance. Dead or damaged trees, which might create a hazard to property or persons, shall be promptly removed or repaired, and if not removed by the Owner upon request, then the Association may remove or cause to be removed such trees at the Owner's expense and shall not be liable for damage caused by such removal. Vacant Lots shall not be used as dumping grounds for rubbish, trash, rubble, or soil, except that Declarant may designate fill areas into which materials specified by Declarant may be placed.
SECTION 10. SIGNS. Except for one (1) sign of not more than five (5) feet square advertising a residence on a Lot for sale or rent, no signs, billboards, posters, or advertising devices of any kind shall be permitted on any Lot without the prior written consent of the Committee. The right is reserved by Declarant to construct and maintain, or to allow Builders within the Subdivision to construct and maintain, signs,
written consent of the Committee. The right is reserved by Declarant to construct and maintain, or to allow Builders within the Subdivision to construct and maintain, signs, 923-1 4-706 billboards and advertising devices as is customary in connection with the sale of newly constructed residential dwellings. In addition, the Declarant and the Association shall have the right to erect identifying signs at each entrance to the Subdivision.
SECTION 11. TRAFFIC SIGHT AREAS. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two and six feet above the Street shall be permitted to remain on any Corner Lot within fifteen (15) feet of the point formed by the intersection of the building set back lines of such Lot.
SECTION 12. EXTERIOR ANTENNAE. No television, radio, or other electronic towers, aerials, antennae, satellite dishes or device of any type for the reception or transmission of radio or television broadcasts or other means of communication shall be erected, constructed, placed or permitted to remain on any Lot or upon any improvements thereon, except that this prohibition shall not apply to those antennae specifically covered by the regulations promulgated under the Telecommunications Act of 1996, as amended from time to time. The Committee is empowered to adopt rules governing the types of antennae that are permissible in the Properties and to establish reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae. To the extent that receipt of an acceptable signal would not be impaired, an antenna permissible pursuant to the rules of the Committee may only be installed in a side or rear yard location, not visible from a Street, and integrated with the
le signal would not be impaired, an antenna permissible pursuant to the rules of the Committee may only be installed in a side or rear yard location, not visible from a Street, and integrated with the dwelling and surrounding landscape. Antennae shall be installed in compliance with all state and local laws and regulations.
SECTION 13. PLAYGROUND AND SPORTS EQUIPMENT. All playground equipment such as play houses and swing sets shall be situated, concealed and shielded so as not to be visible from any Street. Basketball goals attached to the .
residence or mounted on a pole in the ground shall not be located on a Lot so as to be visible from the street in front of the residence or from the side street on corner Lots. Basketball goals mounted on moveable platforms may be temporarily located in the front of a residence while in use as long as they are moved to the garage or rear of the residence when not in use.
SECTION 14, OUTSIDE LIGHTING. Outside lighting fixtures shall be placed so as to illuminate only the yard of the applicable Lot and so as not to affect or reflect into surrounding residences or yards. No mercury vapor, sodium or halogen light shall be installed on any Lot which is visible from any Street unless otherwise approved by the Committee.
SECTION 15. AIR CONDITIONERS. No window or wall type air conditioners shall be permitted in any improvements within the Properties, but the Declarant and Builders may install and use such air conditioners in sales offices and construction offices within the Properties, provided such air conditioners are removed when such facilities cease to be used.
923-1 4-C707 SECTION 16. PRIVATE UTILITY LINES. Ali electrical, telephone, and other
erties, provided such air conditioners are removed when such facilities cease to be used.
923-1 4-C707 SECTION 16. PRIVATE UTILITY LINES. Ali electrical, telephone, and other utility lines and facilities which are located on a Lot and are not owned by a governmental entity or a public utility company shall be installed underground unless otherwise approved in writing by the Committee.
SECTION 17, ENFORCEMENT OF LOT MAINTENANCE. Each Owner of a Lot in the Subdivision shall at all times be obligated to maintain his property and all improvements thereupon (and the area between the boundary lines of adjacent property and adjacent Streets if such area is not otherwise maintained}, so as to keep same inaclean, sightly and safe condition and to conform with any specific standards which the Board of Directors may adopt by resolution for the Properties. An Owner’s maintenance obligation shall include, but not be limited to: the maintenance of all visible exterior surfaces of all buildings and other improvements; the prompt removal of all paper, debris, and refuse; the removal and replacement of dead and diseased trees and plantings; the removal of all snow and ice from paved areas; the repair, replacement, cleaning and relamping of all signs and lighting fixtures; the mowing, watering, fertilizing, weeding, replanting and replacing of all approved landscaping; and, during construction, the cleaning of dirt, construction debris and other construction-related refuse from Streets and storm drains and inlets.
In the event of the violation of any covenant herein by any Owner or occupant of any Lot and the continuance of such violation after five (5) days written notice thereof, or in the event the Owner or occupant has not proceeded with due diligence
herein by any Owner or occupant of any Lot and the continuance of such violation after five (5) days written notice thereof, or in the event the Owner or occupant has not proceeded with due diligence to complete appropriate repairs and maintenance after such notice, Declarant or the employees, to enter upon such Lot and to secure compliance with these restrictions and restore such Lot to a neat, attractive, healthful and sanitary condition. The Declarant or Association may render a statement of charge to the Owner or occupant of such Lot for the cost of such work, The Owner or occupant agrees by the purchase or occupation of the Lot to pay such statement immediately upon receipt.
In the event of the failure to pay for such work, the amount of such statement may be added to the annual maintenance charge provided for herein and shall be secured by a lien on the Lot in the same manner as such annual charge. The Declarant, the Association, or their agents and employees shall not be liable, and are hereby expressly relieved from any liability, for trespass or other tort in connection with the performance of the maintenance and other work authorized herein.
SECTION 18. DAMAGE AND DESTRUCTION OF IMPROVEMENTS. Any buildings or improvements within the Properties which are damaged or partially destroyed by fire, storm or any other means shall be repaired within a reasonable period of time not to exceed sixty (60) days from the occurrence of such damage and the Lot restored to a clean, orderly and attractive condition. Any buildings or improvements which are damaged or destroyed to the extent that repairs are not practicable, shall be demolished and removed within a reasonable period of time not
ttractive condition. Any buildings or improvements which are damaged or destroyed to the extent that repairs are not practicable, shall be demolished and removed within a reasonable period of time not 923-1 4-€ 708 to exceed ninety days from the occurrence of such damage and the Lot restored to a clean and attractive condition.
ARTICLE Vill EASEMENTS SECTION 1. GENERAL. Easements for the installation and maintenance of utilities are reserved as shawn and provided for on the plat of the Subdivision or as dedicated by separate instruments. Neither Declarant nor any utility company or authorized political subdivision using the easements referred to herein shall be liable for any damages done by them or their assigns, agents, employees or servants, to fences, shrubbery, trees, flowers, improvements or other property of the Owner situated on the land covered by such easements as a result of construction, maintenance or repair work conducted by such parties or their assigns, agents, employees or servants.
SECTION 2. UNIVERSAL EASEMENT. Each Lot and its Owner is hereby declared to have an easement, and the same is hereby granted to Declarant, over ail adjoining Lots and Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be easements for the maintenance of said encroachment, settling or shifting; provided, however, that in no event shall an easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners.
The easements hereinabove referred to shall be deemed to be established upon the
ted in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners.
The easements hereinabove referred to shall be deemed to be established upon the recordation of this Declaration and shall be appurtenant to the Lot being serviced and shall pass with each conveyance of said Lot.
SECTION 3. UNDERGROUND ELECTRICAL DISTRIBUTION SYSTEM. An underground electric distribution system has been installed within the Subdivision which will be designated an Underground Residential Subdivision and which underground service area shal] serve all Lots in the Subdivision. The Owner of each Lot in the Underground Residential Subdivision shall, at his own cost, furnish, install, own, and maintain {all in accordance with the requirements of local governing authorities and the National Electric Code} the underground service cable and appurtenances from the point of the electric company’s metering on customer’s structure to the point of attachment at such company’s installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated by such company at the property line of each Lot. The electric company furnishing service shall make the necessary connections at said point of attachment and at the meter. In addition, the Owner of each Lot shall, at his own cost, furnish, install, own and maintain a meter Joop (in accordance with the then current standards and specifications of the electric company furnishing service) for the location and installation of the meter of such electric 523-1 4-079 company for the residence constructed on such Owner's Lot. For so long as
pany furnishing service) for the location and installation of the meter of such electric 523-1 4-079 company for the residence constructed on such Owner's Lot. For so long as underground service is maintained in the Underground Residential Subdivision, the electric service to each Lot therein shal! be underground, uniform in character and exclusively of the type known as single phase, 120/240 volt, three wire, 60 cycle, alternating current.
Easements for the underground service may be crossed by driveways and walkways provided that the Builder or Owner makes prior arrangements with the utility company furnishing electric service and provides and installs the necessary electric conduit of approved type and size under such driveways or walkways prior to construction thereof. Such easement for the underground service shall be kept clear of all other improvements, including buildings, patios, or other pavings, and neither Builder nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents, employees, or servants, to shrubbery, trees, or improvements (other than crossing driveways or walkways provided the conduit has been installed as outlined above) of the Owner and located on the land covered by said easements.
ARTICLE 1X ENFORCEMENT The Association or any Owner shall have the right to enforce, by any proceeding at Jaw or in equity, the covenants, conditions, restrictions, and liens contained herein. Failure of the Association or any Owner to enforce any of the provisions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
ARTICLE X GENERAL PROVISIONS SECTION.1. TERM. These covenants shall run with the land and shall be
provisions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
ARTICLE X GENERAL PROVISIONS SECTION.1. TERM. These covenants shall run with the land and shall be binding upon all parties and all persons claiming under until September 27, 2035, after which time said covenants shall be automatically extended for successive periods. of ten (10) years each, unless an instrument signed by the Owners of a majority of the Lots covered by this Declaration has been recorded, agreeing to change or terminate the covenants herein, in whole or in part.
SECTION 2. AMENDMENT.
A. By Declarant. This Declaration may be amended unilaterally at any time and from time to time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is required by an institutional or governmental lender or purchaser of 923-1407 10 mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the property subject to this Declaration; or (c) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the property subject to this Declaration.
B. By Owners. This Declaration may be amended at any time by an instrument executed by the owners of two-thirds (2/3rds) of the Lots covered by this Declaration. Any such amendment shall become effective when an instrument is filed for record in the Official Public Records of Real Property of Harris County, Texas, with
of the Lots covered by this Declaration. Any such amendment shall become effective when an instrument is filed for record in the Official Public Records of Real Property of Harris County, Texas, with the signatures of the requisite number of the Owners of the Lots.
SECTION 3. SEVERABILITY. invalidation of any one of these covenants by judgment or other court order shall in no wise affect any other provisions, which shall remain in full force and effect except as to any terms and provisions which are invalidated.
SECTION 4. GENDER AND GRAMMAR. The singular wherever used herein shall be construed to mean or include the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations (or other entities) or individuals, male or female, shall in all cases be assumed as though in each case fully expressed.
SECTION 5. TITLES. The titles of this Declaration of Articles and Sections contained herein are included for convenience only and shall not be used to construe, interpret, or limit the meaning of any term or provision contained in this Declaration.
SECTION 6. REPLATTING. Declarant shall have the right to subdivide any reserve tracts contained within the Properties into single family residential lots, by recorded plat or in any lawful manner. Lots created by the subdivision of a reserve tract shall be subject to these restrictions as if such Lots were originally platted as lots.
SECTION 7. ANNEXATION.
A. By Declarant. The Declarant shall have the unilateral right, privilege, and option at any time to annex additional property to the jurisdiction of the Association by filing for record a declaration of annexation in respect to the property being
nilateral right, privilege, and option at any time to annex additional property to the jurisdiction of the Association by filing for record a declaration of annexation in respect to the property being annexed. Any such annexation by the Declarant shall not require approval by the Association or the Members and shall be effective upon the filing for record of such declaration. The rights reserved by Declarant herein to annex additional land shall not and shall not be implied or construed so as to impose any obligation upon Declarant to annex additional Jand it owns.
B. By Other Owners. Upon request by an owner of land other than the Declarant, the Association may annex real property to its jurisdiction. Any such annexation shall require the affirmative vote of Members representing a majority of the Association’s votes present at a meeting duly called for such purpose and, as long as the Declarant owns any portion of the Properties, the written consent of the Declarant.
Annexation of land not owned by the Declarant shall be accomplished by filing of record in the public records of Harris County, Texas, an annexation agreement describing the property being annexed. Such annexation agreement shall be signed by the President and the Secretary of the Association, by the owner of the property being annexed, and, as long as the Declarant owns any portion of the Properties, by the Declarant. The relevant provisions of the By-Laws dealing with regular or special meetings, as the case may be, shall apply to determine the time required for and the proper form of notice of any meeting called for the purpose of considering annexation of property pursuant to this Section 7(b) and to ascertain the presence of a quorum at such meeting.
d for and the proper form of notice of any meeting called for the purpose of considering annexation of property pursuant to this Section 7(b) and to ascertain the presence of a quorum at such meeting.
C, Effect of Annexation. The Owners of Lots in property annexed into the jurisdiction of the Association shail be entitled to the use and benefit of all Common Area of the Association, provided that the annexed property shall be impressed with and subject to an annual maintenance assessment imposed by the Association on a uniform, per Lot basis with the annual assessment on all other property within the jurisdiction of the Association.
SECTION 8. MERGER: DISSOLUTION. The Association may be merged with another non-profit corporation or dissolved only with {i) the assent given in writing by not less than two-thirds (2/3’s) of the Class A Members and {ii) the Declarant, as long _ as the Declarant owns any Lots within the Properties. in the event of a merger of the Association with another non-profit corporation organized for the same purposes, the Association's properties, rights, and obligations may be transferred to the surviving association, or alternatively, the properties, rights and obligations of the other association may be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving association shail administer the covenants, conditions and restrictions established by this Declaration, together with the covenants, conditions and restrictions applicable to the properties of the other association as one scheme. In the event of the dissolution of the Association, the assets of the Association shall be dedicated to an appropriate public agency to be
ble to the properties of the other association as one scheme. In the event of the dissolution of the Association, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. .
SECTION 9. HUD APPROVAL. Notwithstanding anything herein to the contrary, as long as there is a Class "B" Membership in the Association, the approval of the the U.S. Department of Housing and Urban Development shall be required for 923-1 4-67 12 the following actions: the amendment of this Declaration, the annexation of property to the jurisdiction of the Association, and the dedication of Common Area.
IN WITNESS WHEREOF, this Declaration is executed effective as of the kkia dey of Liaembes., 199% U.S. Home Corporation, ky a Delaware corporation Moves Tes al pi ent | CHARLES D. LENDSAY THE STATE OF TEXAS §§ COUNTY OF HARRIS § Néfary Public in and for State of Texas Notary Public STATE OF TEXAS SF iy Comm. tp : 99-21-2002 B00 AM AFTER FILING, RETURN TO: JAN 4 1999 Richard L. Rose 800 First City Tower Namerty 8 Reiger) 1061 Fannin St. Leetin Roots Texas Houston, Texas 77002 PROPER Be AH RESTRICTS Te SALE FEN 08 USE OF THE Oe eeREED &: THE STATE OF TEXAS [MO AO WBF IRCEAOLE HON EGIL COUNTY OF HARRIS t heres ee Heit slampid deregn b me; iat an in et ofneltt Pusite Recerds af Rail Pisperiy’ tt es Shh oe as COUNTY CLERK HARRIS COUNTY TExe“ans