Page 1 of 38 D219291253 12/19/20199:00ANPG 38 Fee: $167.00 Submitter: CSC ERECORDING SOLUTIONS Mary Louise Nicholson Fidelity National GFRACCOMIM CIVEMITTU ANZA BIG, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR COVENTRY TOWNHOMES HOMEOWNER’S ASSOCIATION, INC.
This Declaration of Covenants, Conditions, and Restrictions for Coventry Townhomes Homeowner’s Association, Inc. (this “Declaration”), is made and entered into to be effective for all purposes as ofthe 12 day of July 2019, by Coventry ‘Townhomes Homeowner’ Association, Inc., a Texas non-profit corporation (“Declarant”).
WITNESSETH WHERRAS, Declarant is the owner of certain real property located in Fort W County, Texas, which is more particularly described in Exhibit “A” attached he part hereof for all purposes; and WHEREAS, Declarant desires to create on the Property a g community with streets, walkways, open spaces, and other co ij ¢ benefit of such community; and WHEREAS, Declarant desires to provide for tk in such community and for the maintenance of such stxg common facilities, and to this end, desires to subject,th arty to the covenants, restrictions, easements, conditions, charges and liens hereinafter’ se theach and all of which is and are for the efficient preservation of the values and amenities in such community, to crete enc}yto which should be delegated and assigned the powers of maintaining ay ifg \tht’ community propertics and facilities and administering and enforcing“ eC ing restriction and collecting and disbursing the WHEREAS, Declaregtt has tycotporated or will incorporate under the laws of the State of Texas, as a non-profit j purpose of exercisipe
d enforcing“ eC ing restriction and collecting and disbursing the WHEREAS, Declaregtt has tycotporated or will incorporate under the laws of the State of Texas, as a non-profit j purpose of exercisipe arges, and liens, which are for the purpose of protecting the value and ich shall run with, the Property and be binding on all parties having any b¢ benefit of cach owner of the Property or any part thereof.
ARTICLE 1 DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the following meanings hereinafter specified: 1.01 Architectural Review Committee (sometimes referred to herein as the "ARC") shall Page 2 of 38 mean and refer to the committee which is described in Article 9 below.
1.02 Articles shall mean and refer to the Articles of Incorporation (and amendments thereto and restatements thereof) of the Association on file with the Secretary of State of Texas.
1.03 Assessable Property shall mean and refer to each and every lot within the Propert which: (i) has been subjected to and imposed upon a set of restrictive covenants calling for the’ payment of Assessments to the Association; (ii) may have been or will be given a sepa y identifiable tax or parcel number by the Central Appraisal District ("CAD") or ai dedicatory instrument described herein, and shall be a charge on lien upon the Lot against which any such Assessments and othe 1.05 Association shall mean and refer to Covent Inc., a Texas nonprofit corporation which has the pow and administering certain portions of the Property and alk and enforcing the Covenants and otherwise maintainj the Coventry Townhomes Subdivision, duty and‘esponsibility of maintaining Common Properties, administering ancing the quality of life within
and alk and enforcing the Covenants and otherwise maintainj the Coventry Townhomes Subdivision, duty and‘esponsibility of maintaining Common Properties, administering ancing the quality of life within 1.06 Board shall mean and refer to f 1.07 Bylaws shall mean and ref f the Association, as adapted and amended from time to time.
1.08 Central Apprai ist shall mean and refer to the governmental and/or quasi-governmental ag ‘ g without limitation the Central Appraisal District of Tarrant County, Texas estaBlishedNin at¢ordance with Texas Tax Code Section 6.01 et seq. (and its successor and assigri 4 and columns, off-site monuments and directional signs, landscape easement, eff spaces, paths and trails, and the like including without limitation those shown on ¢d subdivision plat of portions of the Property as well as those not shown on a recorded “sign plat but which are intended for or devoted to the common use and enjoyment of the abefs of the Association, together with any and all improvements that are now or that may hereafter be constructed thereon. The concept of Common Properties will also include: (i) any and all public right-of-way lands within the Property for which the City of Fort Worth has required that the Association expend private, non-reimbursable time and monies to care for and maintain, such as but not limited to: street medians, streetscape, hike and bike trails, park areas and quasiPage 3 of 38 governmental service facilities; and (ii) any and all facilities provided by the Association to or for the benefit of the local police, fire and similar governmental departments for which no reimbursement via public funds is requested or anticipated.
1.10 Covenants shall mean and refer to all covenants, conditions, restrictions, easements,
and similar governmental departments for which no reimbursement via public funds is requested or anticipated.
1.10 Covenants shall mean and refer to all covenants, conditions, restrictions, easements, charges and liens set forth within this Declaration, 1.1] Deed shall mean and refer to any deed, assignment, testamentary bequest, mur of title or other instrument, or intestate inheritance and succession, conveying or transfeff 1.13 Easement Area shall mean and refer to those aref easement specified in Article 12 below.
1.14 Exempt Property shall mean and refer to tk land and Improvements owned by the United States County, the City of Fort Worth or any instrumentality,-p governmental entity acting in a governmental capa (including legal and beneficial ownershi constituting a portion of the Common Propefti from the payment of ad valorem real prop and and Improvements owned e future) by the Association or and Improvements which are exempt ity of Fort Worth, Tarrant County, the ‘Texas; and (iv) such other land(s) and/or ean any physical change to raw land or to an existing structure appearance, characteristics or properties of the land or structure, Def shall mean and refer to each separately identifiable portion of the Assessable ich is platted, filed and recorded in the official records of Tarrant County, Texas and sessed by any one or more of the Taxing Authorities and which is not intended to be an bace" or a portion of the Common Properties.
1.18 Member shall mean and refer to each Resident who is in good standing with the Association and who has filed a proper statement of residency with the Association and who has complied with all directives and requirements of the Association. Each and every Owner shall and Page 4 of 38
ciation and who has filed a proper statement of residency with the Association and who has complied with all directives and requirements of the Association. Each and every Owner shall and Page 4 of 38 must take such affirmative steps as arc necessary to become and remain a Member of, and in good standing in, the Association. Each and every Resident (who is nol otherwise an Owner) may, but is not required to, be a nonvoting Member of the Association.
1.19 Owner shall mean and refer to the holder(s) of record title to the fee simple interest of any Lot whether or not such holder(s) actually reside(s) on any part of the Lot.
1.20 Property shall mean and refer to that certain real property described in Exhi attached hereto and made a part hereof and such additions thereto as may hereafter be att this Declaration of any Supplemental Declaration.
1.21 Resident shall mean and refer to: (a) each owner of the fee simple title to any Lot wi (b) each person residing on any part of the Assesf lessee pursuant to a legally cognizable lease agret (c) each individual lawfully domicile hona-fide lessee.
1.22 Supplemental Declaration shall mean Declaration.
mean and refer to this Declaration, 1,23 Coventr Board, the rules and regulations adopted by 1.24 Structure shaft g St to: (i) any thing or device, other than trees, shrubbery (less than two feet hig! fot of hedge) and landscaping (the placement of which upon any Lot shall not advefsg ecNhé appearance of such Lot) including but not limited to any building, garage, porch sd, ‘greenhouse or bathhouse, cabana, coop or cage, covered or uncovered patio, fwymmiing pooy play apparatus, clothesline, fence, curbing, paving, wall or hedge temporary £ other thine e which affects or alters the flow of any waters in any natural or artificial
uncovered patio, fwymmiing pooy play apparatus, clothesline, fence, curbing, paving, wall or hedge temporary £ other thine e which affects or alters the flow of any waters in any natural or artificial Srear ayfiage channel from, upon or across any J.ot; (iii) any enclosure or receptacle went, collection and/or disposition of refuse; and (iv) any change in the grade of xfe than three (3) inches from that existing at the time of initial approval by the al Review Committee.
.25 Subdivision shall mean and refer to the Coventry Townhomes Subdivision, a subdivision of certain land as described on the plat of Coventry Townhomes Subdivision recorded in the official records of Tarrant County, Texas, as well as any and all revisions, modifications, corrections, or clarifications thereto.
Page 5 of 38 1.26 Taxing Authorities shall mean and refer to Tarrant County, Texas, the Fort Worth Independent School District, the City of Fort Worth and the State of Texas and any and all other governmental entities or agencies which have, or may in the future have, the power and authority to impose and collect ad valorem taxes on real property cstates.
1.27 Texas Residential Property Owners Protection Act or the “Act” shal] mean Texa Property Code Chapter 209, as same may be amended or repealed in whole or in part.
1.28 Zoning Ordinance shail mean and refer to City of Fort Worth zoning ordinances; governmental regulations, and all amendments thereto.
ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.01 Existing Property. The residential Lots which are, ang’ shake, held ferred, sold, conveyed and occupied subject to this Declaration within the § e more particularly described on the plat of Coventry East ‘!ownhomes recorded records of Tarrant County, Texas.
hake, held ferred, sold, conveyed and occupied subject to this Declaration within the § e more particularly described on the plat of Coventry East ‘!ownhomes recorded records of Tarrant County, Texas.
2.02 Additions lo Existing Property. Upon writt owner of the land being added to the Property, add any-eth&x lads to the Property, and upon such herein shall apply to the added land, and tké Behtg, pry duties and liabilities of the persons subject to this Declaration shall be the same to the lands originally covered by this Declara ef to add lands to the Property hereunder, of Tarrant County, Texas, a Netide iti ; Land containing the following provisions: asetion, which reference shall state the book and page Scords of Tarrant County wherein this Declaration is description of the added land.
ARTICLE 3 THE ASSOCIATION Membership. Every person or entity which is a record owner of any Lot which is < jAo these Covenants shall be a Member of the Association. The foregoing is not intended io“imettide persons or entities which hold an interest merely as security for the performance of an obligation or those having only an interest in the mineral estate. No Owner shall have more than one membership for each Lot owned by such Member. Memberships shall be appurtenant to and may not be separated from the ownership of the Lots. Regardless of the number of persons who may own a Lot (such as husband and wife, or joint tenants, etc.) there shall be but one membership Page 6 of 38 for each Lot. Ownership of a Lot shall be the sole qualification for membership. Membership is not intended to include persons who hold an interest merely as security for the performance of an
6 of 38 for each Lot. Ownership of a Lot shall be the sole qualification for membership. Membership is not intended to include persons who hold an interest merely as security for the performance of an obligations, and the giving of a security interest shall not terminate the Owner’s membership. The rights and privileges of membership, including the right to vote, may be exercised by a Member or the Member’s designated representative. Each and every Resident (who is not otherwise an Owner) may, but is not required to, be a nonvoting Member of the Association.
3.02 Voting Rights. The Owner of each Lot shall be entitled to one (1) vote per Lot, ¥ more than one (1) Owner owns and holds a record fee interest in a Lot such Owners pay th more than one (1) vote.
3.03 Good Standing. An Owner must be in good standing before bg Any Owner, Resident or Member shall not be in "good standing" if,gmeh (b) delinquent in the full, complete and timely payment of any or any other fee, charge or fine which is levied, payable or coll of these Covenants, the Bylaws or any rule or regulatio edisg Oting in an election of the Board or on any matter concerning the rights and réspofqibilities of the Owner, regardless of whether the Owner is in good standing.
3.04 Board of Directors. The B All Scging no less than five (5) individual Directors elected by the Members. The s fnded/ gst be Members of the Association.
Directors shall be elected for two-year p“and shall serve until their respective yy wag ich occurs in the board, by reason of death, resignation, removal, or other iiss d at“any meeting of the board by the affirmative vote of a majority of the rene ths e-bifector whose position he or she was elected to fill.
rd, by reason of death, resignation, removal, or other iiss d at“any meeting of the board by the affirmative vote of a majority of the rene ths e-bifector whose position he or she was elected to fill.
The Board may make syick and tegulgtions, consistent with the terms of this Declaration and Association; the status 6 examiners and ingp€ctors, 0 registration of MénjScrs\fok voring purposes; and such other matters concerning the conduct of meetings and voilngta Board shall deem fit.
ARTICLE 4 RIGHTS OF ENJOYMENT IN THE COMMON PROPERTIES 4.01 Easement. Subject to the provisions of Sections 4.02 through 4.07, every Owner in good standing shall have a non-exclusive right and easement of enjoyment in and to all Common Properties, and such casement shall be appurtenant to and shall pass with every Lot, provided the conveyance and transfer is accomplished in accordance with this Declaration. All Residents in Page 7 of 38 good standing with the Association shall have a non-transferable, non-exclusive privilege to use and enjoy all Common Properties for so long as they are Members in good standing with the Association.
4.02 Extent of Members' Easements. The rights and easements of use, recreation and enjoyment created hereby shall be subject to the following: (a) The right of the Association to prescribe reasonable regulations (c.g. limié on parking on or in the strects and parking areas) and policies governipgy-a operation and maintenance of the Common Properties; (b) Liens or mortgages placed against all or any portion of the with respect to monies borrowed by the Associatiop-te.j (e) The right of the Associatt operators of any communi operation for the purpose eyiSion system ("CATV") or other similar able or utility or security service on, over
borrowed by the Associatiop-te.j (e) The right of the Associatt operators of any communi operation for the purpose eyiSion system ("CATV") or other similar able or utility or security service on, over or under the Coptigen P ie§ tq ulfimately provide service to one or more of the Lots; (f) The # ion, in accordance with the requirements of the Texas Propert claration, to suspend the voting rights of any Member and to ght of any Member to use or enjoy any of the Common u against a Lot resided upon by such Member remains unpaid, or non-compliance with this Declaration exists, and otherwise for any syiad déepfed reasonable by the Association for any infraction of the then-existing and regulations and/or architectural guidelines; g) The right of the Association to dedicate or transfer all or any part of the Common Properties to any municipal corporation, public agency, governmental authority, or utility for such purposes and upon such conditions as may be determined by the Board; and (h) The right of the Association to grant permits, licenses and easements over the Common Properties for utilities, roads and other purposes necessary for the proper operation of Coventry East Townhomes Subdivision.
Page 8 of 38 4.03 Restricted Actions by Members, No Member shall permit anything to be done on or in the Common Properties which would violate any applicable public law or Zoning Ordinance or which would result in the cancellation of or the increase of premiums for any insurance carried by the Association, or which would be in violation of any law or any rule or regulation promulgated by the Board.
4.04 Damage to the Common Properties, Each Member shall be liable to the Associgtion’ for any damage to any portion of the Common Properties caused by the negligence or
ation promulgated by the Board.
4.04 Damage to the Common Properties, Each Member shall be liable to the Associgtion’ for any damage to any portion of the Common Properties caused by the negligence or misconduct of the Member or his family and guests.
4.05 Rules of the Board. All Members shall abide by any rules and regulation the Board. The Board shall have the power to enforce compliance with said r arf by all appropriate legal and equitable remedies, and a Member determined rules and regulations shall be liable to the Association for all dame reasonable attorneys’ fees.
supervision by attending adults of children. No perso’ entity shall use any portion of the Common Properties to: (b) distribute handbills, ney é, circulars or other printed materials.
without the prior writtg the Association (which consent may be withheld in its motion, pernt’y Each of these Covenants.
4.08 Capitalization of the Association: Upon acquisition of record title to a Lot by any subsequent owner thercof (other than the Declarant or builder) a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount equal to $350 Page 9 of 38 per lot. This amount shall be in addition to, not in lieu of, the annual assessment and shall not be considered an advance payment of such assessment. This amount shall be dispersed thereof to the Association for the use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws.
4.09 Encroachments. If (i) construction, reconstruction or repair activities which have bee: approved by the ARC; or (ii) shifting, settlement or other movements of any portion of AR approved improvements, results either In the Common Properties encroaching on a
air activities which have bee: approved by the ARC; or (ii) shifting, settlement or other movements of any portion of AR approved improvements, results either In the Common Properties encroaching on a Dwelling Unit or in a Lot or Dwelling Unit encroaching on the Common Properties or 9 implement and enforce rules, regulations, mechanisms and p parking areas, including without limitation: (a) identification of vehicles entitled top ch areas; (b) a "fines" system throug ich its Members for violations o Ablé jefles and regulations; and (c) disclaimers of liabilj a all matters or occurrences on or related to the Common Prefpertie CLE 5 O aN S FOR ASSESSMENTS avd Personal Obligation of Assessments. Each Owner, by Q So or not it shall be expressed in any such deed or other oy ey Be ovenant and agree to pay to the Association (or to an independent 5.01 aseiion 2 6 acceptance of a deg conveyance, shal entity or agency ¥ Keo hy be designated by the Association to receive such monies): ular annual assessments; ) special group assessments for capital improvements or unusual or emergency atters, such assessments to be fixed, established and collected from time to time as hereinafter provided; (c) special individual assessments levicd against individual Owners to reimburse the Association for extra or unusual costs incurred for items such as (but not limited to): maintenance and repairs to portions of the Property caused by the willful or negligent acts of the individual Owner, Member or Resident; the remedy, cure or minimizing of problems cause by, or as a result of, violations of these Covenants Page 10 of 38 by an Owner, Member or Resident; and (d) individual assessments and fines levied against an individual Owner, Member
f problems cause by, or as a result of, violations of these Covenants Page 10 of 38 by an Owner, Member or Resident; and (d) individual assessments and fines levied against an individual Owner, Member or Resident for violations of rules and regulations pertaining to the Association and/or the Common Properties, The regular, special group, special individual and individual assessments, together such late charges, interest and costs of collection thereof as are hereinafter provided, shak charge on the land and shall be a continuing lien upon each Lot against which each such aas¢ is made and shall also be the continuing personal obligation of the then-existing O and Resident of such Lot at the time when the assessment fell due. Each Owner of 8 be directly liable and responsible to the Association for the acts, conduct and omiésst the purposes of promoting the comfort, health, recreation, safety of life of the Residents of the Property and in supplementing so common green, ponds, lakes, recreational areas and othety and related to the use and enjoyment of the Common Pee and operation of the Association, on Properties and insurance ateTials required for, and management and he duties of the Board as set forth in Articles ion, platting, building, development or occupancy d above are not intended to be exhaustive but merely Annual Assessments. Prior to the beginning of each fiscal year, the Board penses to be incurred by the Association during such year in performing its Coventry East Townhomes Restrictions, the cost of enforcing the Coventry es Restrictions, and a reasonable provision for contingencies and appropriate eServes, less any expected income and any surplus form the prior year’s funds.
ictions, the cost of enforcing the Coventry es Restrictions, and a reasonable provision for contingencies and appropriate eServes, less any expected income and any surplus form the prior year’s funds.
s sufficient to pay such estimated note expenses shall then be levied as herein provided, gel of Assessments set by the Board shall be final and binding so long as it is made in eded-fith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time, and from time to time levy further Assessments in the same manner as aforesaid. All such regular Asscssments shall be due and payable to the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board 10 Page 11 of 38 may designate in its sole and absolute discretion.
5.04 Special Assessments. In addition to the regular annual assessment authorized by Section 5.03 hereof, the Board may levy Special Assessments whenever in the Board’s opinion such Special Assessments are necessary to enable the Board to carry out the mandatory functions of the Association under this Declaration. The amount and due date of any Special Assessme shall be at the reasonable discretion of the Board. Special Assessments be maintained or repaire as part of a specific maintenance activity, in the sole discretion of the Board.
5.05 Rate of Assessments. Except for special assessments, the level of Asse be equal and uniform between all Lots.
5.06 Date of Commencement of Assessments; Duc Dates. The annu: due and payable in one annual, two equal scmi-annual, four eq monthly installments in advance on the 20" day of each b
between all Lots.
5.06 Date of Commencement of Assessments; Duc Dates. The annu: due and payable in one annual, two equal scmi-annual, four eq monthly installments in advance on the 20" day of each b prescribe: (a) ares for collecting advance regula al assessments from new Owners, Members or Residents out of “closing transactions”,-an different procedures for collecting assessments from Owners who have had a recent } Deing assessments.
6.01 Creation of Lie the payment of Assessmg Se of a deed hess, hereby ae to the Association a be foreclosed judicially or by Expedited I oreclosure e the aforesaid lien to any other lien. Such power shall be entirely discretionary with the : d an officer of the Association, duly authorized by the Board, shall effectuate such subordination.
6.02 Prerequisites to Foreclosure. Prior to referring an Owner's account to a collection agent, the Association shall provide written notice, by certified mail, return receipt requested, that 11 Page 12 of 38 specifies each delinquent amount and the total amount of the payment required to make the account current, describes the options the Owner has to avoid the referral including payment plan options, and provides at least 30 days to cure the delinquency before further action is taken.
6.03 Collection Fees. Owners are not liable for costs that are dependent or contingent on amounts recovered, or under an agreement that does not require the Association to pay all fees ft the action taken by the collection agent.
6.04 Contact. An agreement between the Association and a collection age delinquency.
6.05 Non-transferability of Lien. The Association shall not sell or accounts receivable except for the purpose of collateral for a loan.
4 older 6.06 Notice and Opportunity to Cure for Certain Other
.
6.05 Non-transferability of Lien. The Association shall not sell or accounts receivable except for the purpose of collateral for a loan.
4 older 6.06 Notice and Opportunity to Cure for Certain Other and is evidenced by a deed of trust; and provided the reciy within sixty-one (61) days from the receipt of the notjee foreclose its assessment lien for debts consis dislo# drfes or attorneys’ fees associated with the fines assessed, or for copy charges under : oérds Policy, pursuant to §209.005 of the Act.
ereunder, the Association may file a claim of lien y recording a Notice of Lien setting forth (a) the amount Wlegal instrument affecting title to a Lot and shall be prepared by hen all amounts claimed under the Notice of Lien and all other costs have accrucd subsequent to the filing of the Notice of Lien have been Tarrant County, the Association’ eefAtion or its designated representative. Only Board members or the Association’s designated representative or employees of its designated representative may be signatories on the account. On written request ftom the Owner, the Association shall provide copics of invoices for attorney's fees and other costs relating only to the matter for which the Association seeks reimbursement of fees and costs.
12 Page 13 of 38 6.10 Notice after Foreclosure Sale. After the Association conducts a foreclosure sale of an Owner's Lot, the Association must send to the Owner and to each lienholder of record, not later than the thirticth (30th) day after the date of the foreclosure sale, a written notice stating the date and time the sale occurred and informing the Lot Owner and each lienholder of record of the right
han the thirticth (30th) day after the date of the foreclosure sale, a written notice stating the date and time the sale occurred and informing the Lot Owner and each lienholder of record of the right of the Lot Owner and lienholder to redeem the property. The notice must be sent by certified mai return receipt requested, to the Lot Owner's last known mailing address, as reflected in the record: of the Association, the address of each holder of a lien on the Lot subject to foreclosure evi by the most recent deed of trust filed of record in the real property records of the county States mail with signature confirmation to the Association according to the mailing @ Association pursuant to the most recent Management Certificate filed of recoré instrument does not include an address for the lienholder, the Association dogs wothave notify the lienholder as provided by this section. For purposes of this-sccti Ge deemed to have given approval for the Association to notify ¢ No thirtieth (30th) day after the date the Association sends the notiog, affidavit in the official records of Tarrant County, Texas, stating ‘até apply to the sale of an Owner's Lot by a sheriff or const&gle'wonducted as provided by a judgment obtained by the Association.
6.11 Right of Redem: lienholder of record may redeem the pr Association’s assessment lien not later th the Association mails written notice offhe_sa .
209.010 and 209.011 of the Ac f recofd may not redeem the Lot as provided herein before ninety (90) days aftey/Whe AS Owner and the lienholder u affly if the Lot Owner has not previously redeemed.
A person who purchasg oreclosing the Association's assessment lien may not transfer ownership of the Copto’ ométher than a redeeming Lot Owner during the redemption period.
as not previously redeemed.
A person who purchasg oreclosing the Association's assessment lien may not transfer ownership of the Copto’ ométher than a redeeming Lot Owner during the redemption period.
mel of a Lot in the Subdivision or a 5 Exempt Property. The following property otherwise subject to this Declaration shall pted from any assessments, charges and liens created herein: (a) All property dedicated to and accepted by a local public or governmental authority; 13 Page 14 of 38 (b) Common Properties; and (c} Exempt Property.
ARTICLE 7 GENERAL POWERS AND DUTIES OF THE ASSOCIATION 7.01 Powers and Authority of the Association. The Association shall have the powe Texas nonprofit corporation, subject only to any limitations upon the exercise of its powtTy two preceding sentences, the Association, and the Board acting on behalf of the Asso have the following powers at all times: (a) To provide and pay for, out of the assessment fund(s) pro ry above, one or more of the following: (i) Care, preservation and maintenance of tHe Co Properties and the furnishing and upkeep of any desired pergon&l propeity for use in or on the Common Properties; (ii) Maintenance, care and presi jon of the lawn and any common sprinkler systems on the Lots; and repair of Easement Areas, fticwalks, retention pond, irrigation efitrance gates and other areas of the % Board and as required or allowed by this (iii) Maintenance, Common Properties; equipment, fences, bri Property, as detg DeclaragzOy; 14 Page 15 of 38 (iv) Maintenance of the exterior surfaces of each Unit, excluding supporting structures. The term “exterior surfaces of each Unit” shall include only the roof, exterior brick surfaces, and exterior painted surfaces, including the
ior surfaces of each Unit, excluding supporting structures. The term “exterior surfaces of each Unit” shall include only the roof, exterior brick surfaces, and exterior painted surfaces, including the surfaces of garage doors and exterior doors, and fences. If damage is sustained due to casualty or catastrophic loss, the Association will facilitate the repairs of the exterior surfaces of each Unit and fund the cost of repain through a special assessment. It is the Owners’ responsibility to file claim with their property insurance company. Regardless of any ins disbursement, it is the Owners’ responsibility to pay the special gast by the due date determined by the Board. The Association shg Reserve Funds (as provided for in Section 7.04 below) estimates costs of normal wear and tear repairs of such ; incMding, but not ing, roof mounted All other exterior elements and support limited to, doors, garage doors, window4, ent of any utility installation or it, without regard to whether the maintenance, repair, and repla equipment serving only the O purposes of this subsection, utility Y electricity, water, sewage, water equipment, and antennas.
designated bound: installations and eqhj heaters, heating and.ai groups“Of Residents, such as (but not limited to) infants, ers, students, mothers and senior citizens; al governmental agencies; a gtiot’and similar services within ‘the Property traditionally provided 6g vii) ‘l'axes, insurance and ulilities (including, without limitation, electricity, gas, water, sewer and telephone charges) which pertain to the Common Properties; (viii) The services of any person or firm to manage the Association or any separate portion thereof, to the extent deemed advisable by the Board, and
e charges) which pertain to the Common Properties; (viii) The services of any person or firm to manage the Association or any separate portion thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the opcration of the Association, whether such personnel are cmployed directly by the Board or by the manager of the Association. The Board is specifically authorized to hire and employ one or more managers, secretarial, clerical, staff and support employees. The 16 Page 16 of 38 Board is specifically authorized to engage personnel and equipment (such as computers, software and electronic communication and transmission devices) for the administration of the Association and the collection of assessments described in Article 5; (ix) Any other materials, supplies, pool furniture, labor, servic maintenance, repairs, structural alterations, taxes or assessments which th Board is required to obtain or pay for pursuant to the terms Declaration or which in its opinion shall be necessary or prope b efs for any violation of this Declaration the judgment of Board within 30 days after gal and accounting services necessary or proper for the ation; “fl declarations of ownership for tax assessment purposes with of the Common Properties owned by the Association; enter into agreements or contracts with insurance companies, Taxing ities, the holders of first mortgage liens on the individual Lots and utility mpanies with respect to: (i) any taxes on the Common Properties; (ii) monthly ‘scrow and impound payments by a mortgagee regarding the assessment, collection and disbursement process envisioned herein; (iii) utility installation, consumption
the Common Properties; (ii) monthly ‘scrow and impound payments by a mortgagee regarding the assessment, collection and disbursement process envisioned herein; (iii) utility installation, consumption and service matters; and (iv) the escrow or impounding of monies sufficient to timely pay Asscssments applicable to any Lot; (j) To borrow funds to pay costs of operation, secured by such assets of the Association as deemed appropriate by the lender and the Association; 16 Page 17 of 38 (k) To enter into contracts, maintain one or more bank accounts and, generally, to have all the powers necessary or incidental to the operation and management of the Association; (1) To protect or defend the Common Properties from loss or damage by suit or otherwise, to sue or defend in any court on behalf of the Association and to provi adequate reserves for repairs and replacements; Gm) To make reasonable rules and regulations for the operation of the Properties and to amend them from time to time; (n) To prepare an annual operating budget and to make available fe Owner at the Association offices within ninety (90) days after Year an annual report; deficiency; and and any rules made hereunder and, \ding without limitation, the Act (p) To enforce the provisions of this D subject to the requirements of suing e .)
as amended and replaced fxefy time Owner, Resident or Membe id (q) To enter at any time i written notice, without eg or repairing any Improvement to conform to this ase incurred by the Association in connection with the € work conducted thereon shall be a personal obligation ef this Declaration, the Association is also authorized to settle claims, enforce liens d take all such action as it may deem necessary or expedient to enforce this Declaration; and
ersonal obligation ef this Declaration, the Association is also authorized to settle claims, enforce liens d take all such action as it may deem necessary or expedient to enforce this Declaration; and (r) To enter, after ten (10) days written notice, without being liable to any Owner, upon any Lot for the purpose of maintaining the exterior portions of the Dwelling Unit on such Lot in a manner determined by the Association for the purpose of maintaining the aesthetic continuity of the community; provided the Association reasonably believes the Dwelling Unit to be in nced of maintenance, whether due 17 Page 18 of 38 to normal wear and tear, damage or otherwise. All maintenance shall be done by licensed and insured contractors.
7.02 Maintenance Contracts. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner, Member or Resident for performance, on behalf of the Association, of services which the Association is otherwise required to perform pursuant to t terins hereof, such contracts to be upon such terms and conditions and for such consideratig the Board may deem proper, advisable and in the best Interests of the Association. Such coh shall be reviewed annually and re-bid as the Board deems necessary.
liable for any actual, incidental or consequential damages fo improvements or portion thereof or for failure to repair or maint and/or accounted for separately from oth may establish scparate, irrevocable trust at procedures in order to better demonstya s-Peclaration, the Articles or Bylaws, who was, is, or pondent in any threatened, pending or completed action, , administrative, arbitrative, or investigative, any appeal in such an action, suit 6 and any inquiry or investigation that could lead to such an
ondent in any threatened, pending or completed action, , administrative, arbitrative, or investigative, any appeal in such an action, suit 6 and any inquiry or investigation that could lead to such an action, suit, or progetdit 8 mbér of such a committee of the Association, against all judgements, gnd similar taxes), fines, settlements, and reasonable expenses actually Profit Corporation Act, as amended and in effect from time to time ARTICLE 8 INSURANCE; REPAIR; RESTORATION 8.01 Right to Purchasc Insurance, The Association shall have the right and option to purchase, carry and maintain in force insurance covering any or all portions of the Common Properties, any improvements thereon or appurtenant thereto, for the interest of the Association, 18 Page 19 of 38 its Board of Directors, officers, managers, agents and employees, and of all Members of the Association, in such amounts and with such endorsements and coverage as shall be deemed appropriate by the Board and/or as specifically required by the mortgagees or insurers. Such insurance may include, but need not be limited to: (a) Insurance against loss or damage by fire and hazards covered by a standar extended coverage endorsement in an amount which shall be equal to the maximum insurable replacement value, excluding foundation and excavation costs; basis, including coverage of personal liability (if any) of the Bde Residents and Members with respect to the Common Properties; 8.02 Owners’ Responsibility to Purchase Inst maintain, and keep in full force and effect at all times, +4 by > ite t4 roofs and their exterior appurtenances, exterior valléovVerings, electrical wiring and systems, plumbing orting structures for these elements shall include, supporting structures, includi ety tnd
e t4 roofs and their exterior appurtenances, exterior valléovVerings, electrical wiring and systems, plumbing orting structures for these elements shall include, supporting structures, includi ety tnd walls, interior load bearing Wayls aff mation proceeds to repair and replace any damage or destruction of property, covered by such insurance or condemnation. The Board, in its sole discretion, af and binding upon such Owner and the Association. Any balance from the proceeds of insurance or condemnation paid to the Association, remaining after satisfactory completion of repair and replacement or after the Board has elected to waive the repair, restoration or replacement, shall be retained by the Association as part of a general reserve fund for repair and replacement of the Common Properties.
19 Page 20 of 38 The intent of this Article 8 is to maintain the overall plan and quality of the development of the community by requiring damaged units be rebuilt or repaired, and that unsightly and dangerous conditions are remedicd as quickly as possible. Any reconstruction and repair must be substantially in accordance with the as-built Plans and Specifications of the existing buildings, or according to Plans and Specifications approved by the Board.
ARTICLE 9 ARCHITECTURAL REVIEW COMMITTEE 9.01 Membership of Architectural Review Committee (“ARC”). The ARC shg not less than three (3) voting members (“Voting Members”) and such adgétt appropriate.
9.02 Action by ARC. Items presented to the ARC shall the Voting Members.
9.03 Advisory Members. The Voting Members Members.
9.05 Q ¢ the right to appoint and remove all ted shall be drawn from Members of the bly possible, be drawn from Members of the Association.
9.06 Adoption g Pe may adopt such procedural and substantive rules, not in
ight to appoint and remove all ted shall be drawn from Members of the bly possible, be drawn from Members of the Association.
9.06 Adoption g Pe may adopt such procedural and substantive rules, not in conflict with this Decla fi, 2s itdeetfs necessary or proper for the performance of its duties, ac iherwise specifically provided herein, prior to the commencement of any any Improvement on a Lot or any portion thereof, the Plans and Specifications IINéé submitted to the ARC and construction thereof may not commence unless and ARC has approved such Plans and Specifications. Until receipt by the ARC of any consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this Declaration, and perform such other related duties assigned or authorized by this Declaration, including at its option inspection of construction in progress to assure its conformance with previously approved Plans and Specifications. The ARC shall have the express authority to 20 Page 21 of 38 perform fact ARC may, in its review of Plans and Specifications and such other information as it deems proper, consider whether any proposcd Improvement upon a Lot would unreasonably obstruct the vicw from other portions of the Property. The ARC may, but shall not be required to, disapprove any Improvement upon any Lot that would unreasonably obstruct the view from any other portion of the Property. No Improvement shall be allowed on any Lot which is of such size or architectural design or involves the use of such landscaping, color schemes, exterior finisheg and materials and similar features as to be incompatible with residential development within the’ Property and the surrounding area. The ARC shall have the authority to disapprove any prop
or finisheg and materials and similar features as to be incompatible with residential development within the’ Property and the surrounding area. The ARC shall have the authority to disapprove any prop responsible for reviewing any proposed Improvement, nor shall its approval of Specifications be deemed an endorsement, from the standpoint of structural sa soundness, or conformance with building or other codes not of its authorship 9.08 Actions of the ARC. The ARC may, by resolution wha designate one or two of its members or an agent acting on its be any duties for and on behalf of the ARC in the absence of such de of all members of the ARC taken without a meeting, shall constits Atty action or perform ¢ vote of a majority he ARC.
9.09 No Waiver of Future Approvals. The approyaNer consent of the ARC of any Plans and Specifications for any work done or proposed, or in-egragction with any other matter requiring Pat by the same or a different person.
inspect all work in progress to insure subsequently or additionally submitted for di 9.10 Work in Progress. The ARC liable to the Association,o Any ee-tO any other person for any loss, damage or injury arising ea of their beiwg fhgany \ gected with the performance of the ARC's duties under the case may be. Neithe < aovany member thereof shall be liable to any Owner due to the construction of an Ns within the Property, or the creation thereby of any obstruction , Texas 3 or in érson at such other address as may be designated by the Board, from time to B Failure to Act. In the event the ARC or its designated representative fails to approve approve any Plans and Specifications within ten (10) days after the same have been submitted s-Complete with all other information requested by the ARC in connection with such
ntative fails to approve approve any Plans and Specifications within ten (10) days after the same have been submitted s-Complete with all other information requested by the ARC in connection with such submission, approval shall be assumed.
9.14 Variances. Notwithstanding any other provision of this Declaration, in order to prevent undue hardship upon the Owner or Owners of any individual Lot or Lots upon the 21 Page 22 of 38 | Properly, variance from any restrictions set out in this Declaration may be granted by a unanimous | decision of the ARC in written instrument to be duly acknowledged, if and when such a variance shall over be granted.
9.15 Governmental Agency Approval. Nothing in this Declaration shall be construed to relieve any Owner from securing such approvals, certificates and/or permits as may be require by law in connection with the construction of any Improvements on any Lot.
9.16 Relationship with Association. The ARC has been created pursuant to this Dg to perform certain functions specified herein relating to the review and approval of Specifications for Improvements built on the Property. The ARC does not exercise of the Board, and shall not do so unless and until (/) the Board shall have duly appesatg of Board members to the ARC, and (ii) the Board shall by unanimous resolut} the records of the Association, make the ARC a committee of the di Texas Business Organizations Code, ARTICLE 10 GENERAL RESTRICTIONS All of the Property shall be owned, held, encum leased, used, occupied and enjoyed subject to the following Limitations and restrictions: 10.01 Construction of improvemeg® constructed upon any of the Property withott He 10.02 Antennae and Signals, No ante ther device fox the transmission or reception A building or structure or otherwise, without
struction of improvemeg® constructed upon any of the Property withott He 10.02 Antennae and Signals, No ante ther device fox the transmission or reception A building or structure or otherwise, without } adiofsignals, television signals or any other form of eiiom“any Lot so as to unreasonably interfere with the x any other Lot. Notwithstanding the provisions of this issible for the Owners of any Lot to have one small © Rates. Nothing shall be done or kept on a Lot which would increase the Q ay gause the cancellation of insurance on any Lot or any of the improvements tten-Approval of the ARC.
10.05 Signs. No sign of any kind may be erected or maintained on any Lot without the written consent of the ARC, except the following permitted signs: Page 23 of 38 (a) An Owner may display on the Owner’s Lot signs advertising a political candidate or ballot item for an election on or after the ninetieth (90) day before the date of the election to which the sign relates or ten (10) days after that election date. No Owner shall display more than one (1) sign for each candidate or ballot item.
(b) An Owner may display on the Owner’s Lot not more than one (1) sign no exceeding 2’ x 3’ advertising the Lot is for sale or for rent.
(c) An Owner may display on the Owner’s Lot school spirit signs.
(d) An Owner may display on the Owner’s Lot not more advertising commercial services (construction or landscaping, may be displayed during a period beginning with the com d mountethAny-Sign permitted by this section that contains roofing material, siding, paving xjals, flora, onc or more balloons or lights, or any other similar building, landscaping, et, violates a law, contains language, diary person, or is accompanied by music rv ting to motorists is prohibited without the
c or more balloons or lights, or any other similar building, landscaping, et, violates a law, contains language, diary person, or is accompanied by music rv ting to motorists is prohibited without the written approval of the ARC. ihe Aqsobiatiofi {hall have the right to enter and remove a sign placed on any Lot in violatig : és public health or safety, is larger than four ( graphics or nay display that would be offensi removal.
10.06 Displays. Qa more items, the display school spirit. Nofwithsfaad e foregoing, the display or affixation of an item on the Dwelling Unit that threatens publid h¢alth or safety, violates a law, or contains language, graphics, or any Q eri ly Stfe 0.07 Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon a Lot and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property or to its occupants. Refuse, garbage and trash shall be kept at all times in covered containers and such containers shall be kept within enclosed structures or appropriately screened 23 Page 24 of 38 from view. If rubbish or debris accumulates upon any Lot in violation of this provision in the judgment of the Association, the Association may remove the rubbish or debris, and charge a special assessment to the Owner of the Lot.
10.08 Noise. No noise or other nuisance shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other portion of the Property or to its occupants.
10.09 Lighting. No exterior lighting of any sort shall be installed or maintained 0: where the light source is offensive or a nuisance to neighboring property, except for
Property or to its occupants.
10.09 Lighting. No exterior lighting of any sort shall be installed or maintained 0: where the light source is offensive or a nuisance to neighboring property, except for security or landscape lighting that has the approval of the ARC.
10.10 Nuisance and Lateral Support. No noxious or offensive activit, conducted upon any Lot so as to impair the structural soundness or integrity of any other Lot, or which may be or may become an annoyance or peisancello 10.11 Repair of Improvements, All Improvements upo shall at all times be kept in good condition and repair and ¥ 10.12 Alteration or Removal of Improvements) usive of normal maintenance, any construction, repair, alteration or removal in connectiom.with aky Improvement which in any way bned only with the prior written be required for repainting exterior surfaccS0 pYovements provided the color scheme, arrangement of colors and color of paint a y change to the exterior colors of any Improvements must be approved in wri approve other roof trg materials in the form u energy device is hokperpi ér penaniitted s Koénform to the slope of the roofline; shall have a frame, support bracket or tis silver, bronze or black tone commonly available in the marketplace, and shall Weaning assigned by Section 171.107 of the Tax Code. A solar ed anywhere on a Lot except on the roof of the residential Dwelling cture on the Lot or in a fenced yard or patio within the Lot. A solar aelEnergy production, the parties shall use a publicly available modeling tool provided by the National renewable Energy laboratory. A solar energy device located in a warranties. A solar energy device that, as adjudicated by a court threatens the public health or safety, violates a law,
by the National renewable Energy laboratory. A solar energy device located in a warranties. A solar energy device that, as adjudicated by a court threatens the public health or safety, violates a law, or is located in the Common Properties is prohibited. The ARC may not withhold approval if the guidelines of this section arc met or exceeded, unless the ARC determines in writing that placement 24 Page 25 of 38 of the devices as proposed constitutes a condition that substantially interferes with the use and enjoyment of the land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities. The written approval of the proposed placement of the device by all Owners of property adjoining the Lot in question constitutes prima facie evidence that substantial interference does not exist.
the Property. No overnight parking shall be allowed except for Owners, Residé overnight guests.
of the Owner’s Dwelling Unit, display any _——e or of by a barrel or system as it is manufactured. The ARG# type, and shielding of, and the materials used ip harvesting device, or other appurtenance t location that is visible from a street, anothe’ economic installation of the device or ide of a Dwelling Unit or any other on Area, if it docs not prohibit the the Owner’s Lot. There must be a ily lines, including, but not limited to, wires or easfnission of telephone or electric current or power, ty wire shall be erected, placed or maintained anywhere hone structures incident to the construction of Improvements which appréved in writing by the ARC. Thc installation method, including but not 9 Drainage. There shall be no interference with the established drainage patterns over property unless adequate provision is made for proper drainage and approved by the
tion method, including but not 9 Drainage. There shall be no interference with the established drainage patterns over property unless adequate provision is made for proper drainage and approved by the 10.20 Hazardous Activities. No activities shall be conducted on the Property and no Improvements shall be constructed on a Lot that are or might be unsafe or hazardous to any person or property, Without limiting the generality of the foregoing, no firearms or fireworks shall be 25 Page 26 of 38 discharged upon the Property, and no open fires shall be lighted or permitted except within safe and well-designed interior fireplaces, or in contained barbecue units while attended and in usc for cooking purposes.
10.21 Mining and Drilling. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any Lot, nor shall oil wells tanks, tunnels, mincral excavations, or shafts be permitted upon any Lot. No derrick or gthe structure designed for use in boring for oil or natural gas shall be erected, maintained or perfa upon any Lot.
10.22 Machinery and Equipment. Without the approval of the Association, ks or equipment of any kind shall be placed, operated or maintained upon or adjget Common Area except such machinery or equipment as is usual and customay Texas, in connection with the use, maintenance, or constructign—ef a such machinery or equipment may be placed, operated or ma quasi-governmental agency, or by a public utility, in the perfo ag vehicles with lettering or logos used or designed for commercial s..#failers (either with or without whccls), aad boat trailers shall be kept, parked, stored vehicles with commercial writing on thei confined to the front door on each side), Ve
signed for commercial s..#failers (either with or without whccls), aad boat trailers shall be kept, parked, stored vehicles with commercial writing on thei confined to the front door on each side), Ve purposes, tractors, travel trailers, recreat] from adjacent Lots or stree junked, obviously inoperg the Property, except w vehicle shall be considet ectrrent operating licenses shall not be permitted on ges. Vehicles that become inoperable while on the -two (72) hours thereof. For purposes of this section, a t is put up on blocks or covered with a tarpaulin and remains iod of time as is reasonably necessary to provide service or to make a on Properties. Any vehicle parked in violation of this section may icles, or other machinery, equipment or tents shall be permitted in any driveway acent to a street, on the street or in any guest parking area.
0.26 Mobile Homes. No mobile homes shall be parked or placed on any Lot at any time.
10.27 Fences. Except as otherwise provided herein or approved by the ARC in writing, fences may constructed only on that portion of the Lot behind the Dwelling Unit, All fences must be constructed of 1" by 6" cedar privacy fence materials, with the finished (smooth) side facing all 26 Page 27 of 38 streets or common areas, or adjoining properties and the rough side facing the interior of the Lot.
No fence, wall, or hedge shall be built or maintained forward of the front wall line of the Dwelling Unit, not including decorative walls or fences which are part of the architectural design of the main structure, and which are not to be built or maintained within the front building sctback line of any Lot. An exception shall be made in the case of retaining walls not to exceed twenty-four inches
ain structure, and which are not to be built or maintained within the front building sctback line of any Lot. An exception shall be made in the case of retaining walls not to exceed twenty-four inches (24") above the ground. Notwithstanding the foregoing, the ARC is empowered to waive th aforesaid height or setback Tioutacgn.s in connection with retaining walls and decorative walls j On the Property lal may be stabled, amount of noise, or to become a nuisance, and no domestic pets other than on the Lot of its Owner, except when confined to a kk maintained, kept, cared for or boarded for hire or remuneration o 6 and no kennels or breeding operation shall be allowed. No domestic hove? e-aflowed to run at large and all of such pets shall be kept within enclosed ate hich must be clean, sanitary and reasonably free of refuse, insects and waste at all time Saclosed area shall be constructed in accordance with Plans and Specifications appro, shall be of reasonable design and construction to adequately contain suck@pime A ance with the provisions hereof, and shall be screened so as not to be visible fro € on of the Property. No more than a total of four (4) adult dogs or cats, or a Dinatiomtheteof, may be kept on a single lot. All as far as practicable, tho.naturabls ards Spe environment through use of native materials, natural drainage, indigg and site design. All landscaping designs shall install live, growing sod cove emed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, f vehicles or construction machinery, posting of signs or similar activities, provided that sfruction is pursued to completion with reasonable improvements, and then the material
eason of noise, dust, f vehicles or construction machinery, posting of signs or similar activities, provided that sfruction is pursued to completion with reasonable improvements, and then the material nh-be“placed within the property lines of the T.ot upon which the Improvements are to be erected and shall not be placed on the street or on any other part of the Property. In the event of any dispute regarding such matters, a temporary waiver of the applicable provision may be granted by the ARC, provided that such waiver shall be only for the reasonable period of such construction.
27 Page 28 of 38 10.31 Mailboxes. Mailboxes shal! be of materials approved by the ARC and shall be located on at cluster mailbox locations designated by the ARC. Notwithstanding the foregoing, mailboxes shall comply with United States Postal Service requirements.
10.32 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs sight lines from streets on the Property shall be placed or permitted to remain on any corner Lot in violation of th Codes of the City of Fort Worth.
10.33 Garage Conversions. No garage, or any portion thereof, may be conye enclosed living space.
10.34 Leasing of Units, (a) Definition. “Leasing” for purposes of this Dec exclusive occupancy of a Dwelling Unit by any p Owner for which the Owner receives any consid (b) Leasing Provisions, (i) General. Dwelling Units mg or portion may be rented, ayd an initial term of no debs tha consent of the Board. i information as may_be y. O€cupancy of any Dwelling Unit, when occupied under a stricted to occupancy by (a) any number of related persons, ore than one unrelated person for each bedroom of any Dwelling any lineal descendants who qualify as a dependent on the income
upied under a stricted to occupancy by (a) any number of related persons, ore than one unrelated person for each bedroom of any Dwelling any lineal descendants who qualify as a dependent on the income n of such unrelated persons, but in no event shall the number of 6). Persons are related within the meaning of this definition if they are related (i) within the third degree of consanguinity, (ii) within the second degree of affinity, or (iii) by a legal guardianship.
(iii) Compliance. Every Owner shall cause all occupants of his or her Dwelling Unit to comply with this Declaration, Bylaws, and the rules and regulations adopted pursuant to the foregoing, and shall be responsible for all violations and losses to the Common Properties caused by such occupants, notwithstanding the fact that such occupants of a Dwelling Unit are fully liable and may be sanctioned for any such violation.
28 Page 29 of 38 (iv) Existing Violation. If, on the date of recording of this Declaration, any Dwelling Unit is occupied in violation of this Declaration under an existing lease, this pre-existing condition shall continue to be allowed until such time as the existing lease of any such occupants expires by its terms or Is otherwise terminated. Any extensions or renewals of such lease will not be allowed and will not be considered a pre-existing condition.
10.35 Basketball Goals, Sports Equipment and Playground Equipment. All basi goals (pole, backboard or rim), sports equipment and playground equipment shall be pl back yard unless otherwise approved by the ARC in writing.
10.36 Use of Common Properties. The Board may establish rules and peg or prohibitions against use of the Common Properties from time to time.
11.01 Residential Use. All Lots shal inclusive of a garage, fencing and suc
on Properties. The Board may establish rules and peg or prohibitions against use of the Common Properties from time to time.
11.01 Residential Use. All Lots shal inclusive of a garage, fencing and suc used solely for residential purposes, ents as are necessary or customarily e his Lot, or any ae ConTSHENT ESL religious, other than as a pri 9 within the Property shall hd ed solely for single-family residential pur poses, with ing Unit per Lot. Anything herein to the contrary atagraph, height shall be measured from the foundation slab of the proposed Improvement to the ridge line of the roof of the proposed Improvement.
11.05 Building Materials; Dwelling Size. All Dwelling Units shall be of recognized standard construction quality, and all exteriors (exclusive of doors, windows, and similar openings) 29 Page 30 of 38 shall be constructed of that certain percentage of masonry or other material specified in the ARC approved plans for a Dwelling Unit by NTS Architects or as specifically approved in writing by the ARC. Masonry includes ceramic tile, brick, rock and all other materials commonly referred to in the Tarrant County, Texas area as masonry. Unless an exception is granted by the ARC, all Dwelling Units shall contain not less than one thousand two hundred (1,200) square feet of heated enclosed living space, exclusive of porches (open or covered), decks and garages.
11.06 Set-back Requirements. No building shall be located or erected nearer to a line than the building line shown on the recorded plats of the Property. For purposes6F covenants, the eaves of buildings shall not be deemed to be part of a building or structyye construed to allow any building or structure to encroach upon another Lot.
11.07 Party Walls and Structures.
covenants, the eaves of buildings shall not be deemed to be part of a building or structyye construed to allow any building or structure to encroach upon another Lot.
11.07 Party Walls and Structures.
(a) In most cases, a Dwelling Unit on a Lot will ed stich that one or more of its side walls will be party walls share elling Unit on the adjacent Lot(s). In addition, there will_be fence ich“se#ve and/or separate és‘and other Such ctures will constitute party structures. To the extent not inconsigte with this Seviion 11.07, the general rules of law reparding party walls and for property damaged due to negligence or willful acts or o gyply to such party walls and structures.
e Board, the cost of reasonable repair and be shared equally by the Owners making use : shall be made (i) in a good, substantial and ict conformity to the laws, ordinances and exaS and the City of Fort Worth, Texas, in effect at the ch a way as not to injure the Improvements or Dwelling tenYthat such damage is not covered by insurance and repaired out of efis of insurance, any Owner who has used the structure may restore it. If equal proportions. However, such contribution will not prejudice the right for a larger contribution from the other users under any rule of law regarding iability for negligent or willful acts or omissions. All restored wails between djoining Dwelling Units shall be constructed on the property line between the two adjoining Lots and shall be built in a good, substantial and workmanlike manner in strict conformity to the laws, ordinances and regulations of the State of Texas and the City of Fort Worth, Texas, in effect at the time of construction.
(d) The right of any Owner to contribution from any other Owner under this Section
ances and regulations of the State of Texas and the City of Fort Worth, Texas, in effect at the time of construction.
(d) The right of any Owner to contribution from any other Owner under this Section 11.07 will be appurtenant to the land and shall pass to such Owner's successors-intitle.
30 Page 31 of 38 (e) Each Owner shall maintain property insurance in amounts sufficient to cover the Owner's share of the cost of repairing or replacing party walls and structures in the event of damage or destruction by fire or other hazards. Each Owner shall provide proof of insurance, including annual renewals each year. In the event an Owner does not provide proof of insurance, the Owner can be fined in accordance with this Declaration.
11.08 Landscaping; Maintenance. Construction of each and every residential Dwg shall include (without limitation): (a) the pruning and cutting of all trees and shrubbe Lot; (b) prompt removal of all litter, trash, x and waste ns during such times that the (c) watering of all landscaping (othe er system serving the Lot); (e) keeping lawn and garden-aréas alive, fete of weeds and attractive; (f) keeping driv, Association, by reason of its location on the Lot, or the height, or the manner in which it is permitted to grow, is detrimental to the adjoining Lots, is dangerous or is unattractive in appearance. The lien provided under this section will constitute a lien retained against such property with the same force and effect as the Payment and Performance Lien for assessment set 31 Page 32 of 38 forth in these Covenants.
11.09 Yard Maintenance; Sprinkler System. The Association will have primary
the same force and effect as the Payment and Performance Lien for assessment set 31 Page 32 of 38 forth in these Covenants.
11.09 Yard Maintenance; Sprinkler System. The Association will have primary responsibility for the mowing, trimming, and edging of grass only on each Lot and for operation and maintenance of any sprinkler system on each Lot that is part of a common sprinkler system.
The Association is not responsible for: planting and/or re-planting grass or landscaping materials; grass loss; seasonal color and/or decorations; and the maintenance of exotic or § suited landscape plants within the fenced arca of any Lot. Each Owner is encouraged jo with authorized representatives of the Association or the ARC for further information concerning the grounds maintenance program.
Crh ARTICLE 12 EASEMENTS on and rfalatérance of utilities roperty. Within these damage or interfere with the installation and maintengnd< of utilitfesorinf the casc of drainage easements, which may change the direction of flow o S through drainage channels in such easements, The Easement Area of each Lot, if any, aw provements in such area shall be 12.01 Installation and Maintenance. Easements for instalfati public authority or utility company is resp servants to shrubbery, streets or flowers covered by said easements.
ent Areas for underground utility services may or flowers. However, no supplier of any utility iable to any Owner or to the Association for any damage be used for planting of service using any Ease: maintenance, “FE aingf any facility in any such Easement Area.
‘ OO ements. Each Owner covenants to provide easements for drainage and
on for any damage be used for planting of service using any Ease: maintenance, “FE aingf any facility in any such Easement Area.
‘ OO ements. Each Owner covenants to provide easements for drainage and oni® pf land and the arrangement of Improvements approved by the ARC sand the Common Properties for the purpose of enforcing the Covenants in accordance with this Declaration, and for the construction of a common cable television system, a common sprinkler system, maintenance of landscaping, or any other item for the common benefit of the Owners. An casement is further granted for the purpose of repairing and maintaining any such system so constructed. An entry upon any Lot or the Common Properties to effectuate the 32 Page 33 of 38 foregoing purposes shall not be deemed as trespass.
12.05 Easement for Repainting and other Maintenance. An easement is hereby retained in favor of the Association over all Lots for the purpose of repainting and performing other maintenance on exterior portions of Dwelling Units pursuant to Section 7.01 of this Declaration.
An entry upon any Lot by the Association to effectuate the foregoing shall not be deemed a trespass.
ARTICLE 13 REGISTRATION update, within fifteen (15) days after a material change has occu; to the Association such as: emergency; (c) such other information gs wably requested from time to time by the Association; and (d) Owner y and Liability Property Insurance policy information.
aber ér Resident fails, neglects or refuses to so provide, revise e/Association may, but is not required to, use whatever means ate to obtain such information and the offending Owner, Member atically jointly and severally liable to promptly reimburse the rsasonhbje costs and expenses incurred in so doing.
Association for a ARTICLE 14 ENFORCEMENT
information and the offending Owner, Member atically jointly and severally liable to promptly reimburse the rsasonhbje costs and expenses incurred in so doing.
Association for a ARTICLE 14 ENFORCEMENT 440.1 R6wer to Enforce Restrictions. The Association or their designated agent shall have o enforce the provisions of this Declaration and any rules, regulations, policies or e¥ pursuant thereto, and shall take such action as the Board deems necessary or desirable ausé such compliance by each Owner.
14.02 Duty to Provide Notice Before Enforcement Action. Before the Association may suspend an Owner’s right to use the Common Properties, file a suit against an Owner other than a suit to collect a regular or special assessment, or foreclose under the Association's lien, charge an 33 Page 34 of 38 Owner for property damage, or levy a fine for a violation of this Declaration, the Association or its designated representative must give written notice to the Owner by certified mail, return receipt requested. The notice must describe the violation or property damage that is the basis for the suspension, action, charge, or fine and state any amount due the Association from the Owner and inform the Owner that the Owner is entitled to a reasonable period to cure the violation and avoi the fine or suspension (unless the Owner was given notice and a reasonable opportunity to cyre similar violation within the preceding six months), may request a hearing under Section 2 of the Act on or T before the thirtieth (30th) day after the date the Owner receives the neti to discuss and verify facts and resolve the matter in issue befg Board or before the Board if a committee is not appointed. [ committee, the notice prescribed by Section 209.006 of the Act th
the neti to discuss and verify facts and resolve the matter in issue befg Board or before the Board if a committee is not appointed. [ committee, the notice prescribed by Section 209.006 of the Act th may request a postponement, and, if requ more than ten (10) days. Additional postpofigie The Owner or the Association may make a receives the Owner's request for’ D lalMiotify the Owner of the date, time, and place of the hearing not later tha: before the date of the hearing. The Board or the Owner may request a pos freqgdested, a postponement shall be granted for a period 4y make an audio recording of the meeting and may use The Owner's presence is not required to hold a hearing.
. Né@ Association may collect reimbursement of reasonable attorney's osts incurred by the Association relating to collecting amounts, € Owner is provided a written notice that attorncy's fecs and costs will be if the delinquency or violation continues after a date certain. An Owner is aveqnE Paiatained at a financial institution in the name of the Association or its designated representative, Only Board members or the Association's designated representative or employees of its designated representative may be signatories on the account. On written request from the Owner, the Association shall provide copies of invoices for attorney's fees and other costs rclating only to the matter for which the Association seeks reimbursement of fees and costs.
34 Page 35 of 38 ARTICLE 15 GENERAL PROVISIONS 15.01 Duration, The Covenants of this Declaration shall run with and bind the land subject to this Declaration, and shall inure to the benefit of and be enforceable by the Association and/o Owner and Resident of any land subject to this Declaration, their respective legal representatives,
t to this Declaration, and shall inure to the benefit of and be enforceable by the Association and/o Owner and Resident of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for an original fifty (50) year term expiring on the fiftieth anniversary of the date of recordation of this Declaration, after which time these Covepaf be automatically extended for successive periods of ten (10) years unless an instrumg by the Owners of at least sixty percent (60%) of all Lots within the Subdivision a the official detatds of Tarrant County, Texas, which contains and sets forth an ageet has been approved by Owners entitled to cast at least s cast pursuant to Section 3.02 hereof.
15.03 Enforcement. Each Owner uy liable for the acts, conduct and omission ofeé affiliated with such Lot, and such liabili Mility of each Owner shall be joint and avitees. ‘he Payment and Performance Lien shall extend to, cover and secure ty tr payfngnt and performance by each and every Resident, Member, guest and invitee/ASM pete 3 Owner. Each Owner may, upon appropriate application to and apprave ation, impose greater or additional restraints and Uy ftgations of the Residents and Members of such Owner's personal injuries and pr&pe amagg proximately caused by the conduct of their children (under the age of 18 years»Within the Property. Enforcement of these Covenants may be initiated by any proceeding at lav g eqhity Against any person or persons violating or attempting to violate rdélief goyght is an injunction or recovery of damages, or both, or enforcement wy these them, whether thi ort Worth, Texas is specifically authorized (but not obligated) to enforce these
g to violate rdélief goyght is an injunction or recovery of damages, or both, or enforcement wy these them, whether thi ort Worth, Texas is specifically authorized (but not obligated) to enforce these h respect to any litigation hereunder, the prevailing party shall be entitled to recover 35 Page 36 of 38 15.04 Validity. Violation of or failure to comply with these Covenants shall not affect the validity of any mortgage, bona fide lien or other similar security instrument which may then be existing on any Lot. Invalidation of any one or more of these Covenants, or any portions thereof, by a judgment or court order shall not affect any of the other provisions or covenants herein contained, which shall remain in full force and effect. In the event any portion of these Covenants conflicts with mandatory provisions of any ordinance or regulation promulgated by the City Fort Worth (including, without limitation, the Zoning Ordinance), then such muni requirement shall contro.
15.05 Headings. The headings contained in this Declaration are for reference p and shall not in any way affect the meaning or interpretation of this Declaration. \ gender used herein shall be held and construed to include any other genderya singular shall be held to include the plural and vice versa, unless the conte Examples, illustrations, scenarios and hypothetical situations mentigne delivered when: (i) deposited in the United States M@é known address of the person who appears as the Residertt Association at the time of such mailing; or when (ji) de# wale prepa ber or Ouner on the records of the hand or by messenger to the last 15.07 Notices to Mortgagees. The.ha Ramortgage may be furnished with written notification from the Association of a eld e respective mortgagor/Member/Owner in
s of the hand or by messenger to the last 15.07 Notices to Mortgagees. The.ha Ramortgage may be furnished with written notification from the Association of a eld e respective mortgagor/Member/Owner in Declaration, provided that # correct name and address of potder(s) and a request to receive such notification and a reasonable supply of ¢ gped envelopes.
15.08 Disputes’ at pute or disagreement between Owners, Residents or Members with respect te én or application of the provisions (excluding architectural matters) of this Depté 5, Bylaws, shall be determined by the Board of Directors. Matters pertaining to fects nMtters shall be determined by the ARC. These respective determinations (4 bif ary and capricious conductor gross negligence) shall be final and a) Right of Enforcement. Except as otherwise provided herein, any Owner at his own expense and/or the Board shall have the right to enforce any and all the provisions of this Declaration. Such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such provision.
(b) Nonwaiver. The failure to enforce any provision of this Declaration at any time shall not constitute a waiver of the right thereafter to enforce any such provision. or any other provision of said restrictions.
36 Page 37 of 38 (c) Liens. The Association shall have the right, when appropriate in its judgment arid subject to Chapter 209, Texas Property Code, to claim or impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or effect compliance with this Declaration.
15.10 Interpretation. The provisions of this Declaration shall be liberally construgd to effectuate the purposes of creating a uniform plan for the development and operation
nce with this Declaration.
15.10 Interpretation. The provisions of this Declaration shall be liberally construgd to effectuate the purposes of creating a uniform plan for the development and operation property and of promoting and effectualing the fundamental concepts of the Property this Declaration.
15.11 Construction.
or portion thereof shall not affect the validity provision or portion thereof, (b) Singular Includes Plural. Unless 1) the singular shall include the plural and feminine or neuter shall each include th text reqtttres-2”Contrary construction, al the singular; and the masculine, Nae, feminine, and neuter.
(c) Captions, All captions as ¢ USS hitDeclaration are intended solely for convenience of reference and g : is set forth in any of the pa any deadline in this Declaration should fall on a éderal holiday, such deadline shall automatically OF, Bruce Heikkinen, President of Coventry East Townhomes Anc., a Texas nonprofit corporation, personally states and attests that : approved by the initial Directors of Coventry East Townhomes Necutes this Declaration, to be gffective onthe date of jts filing-in the official , 2019, this Declg e Heikkinen, President of Meadow Crest Townhomes Homeowner’s Association, Inc., a Texas nonprofit corporation 37 Page 38 of 38 THE STATE OF TEXAS = § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of | , 2019, by Bruce Heikkinen, President of Coventry East Townhomes Homeowner’s Association, Inc., a Tex nonprofit corporation.
After Recording, Return to: 2925 Ban \soLy- Se.
38