ARTICLES OF INCORPORATION FILED In the Office of the ARTICLES OF INCORPORATION JAN 19 yoR3, ; Clerk F OF (A Texas Non-Profit Corporation) We, the undersigned natural persons of the age of eighteen years Or more, at least two (2) of whom are citizens of the State of Texas, acting as incorporators of a corporation (hereinafter called the "Corporation") under the Texas NonProfit Corporation Act (hereinafter called the "Act") do hereby adopt the following Articles of Incorporation for such Corporation. .
ARTICLE I NAME The name of the Corporation is |CREEKBEND HOMEOWNER'S ASSOCIATION, INC.
ARTICLE IT NON-PROFIT CORPORATION The Corporation is a non-profit corporation.
ARTICLE III DURATION The period of the. duration of the Corporation is perpetual.
ARTICLE IV PURPOSES AND POWERS 1. The Corporation does not contemplate pecuniary gain or profit to the Members thereof, and its specific and primary purpose is to provide for the preservation and maintenance of a Townhome Project, as provided in the Declaration of COVENANTS, CONDITIONS AND RESTRICTIONS OF CREEKBEND TOWNHOMES (hereinafter referred to as the "Declaration"), located in Dallas County, Texas.
(238 O9k44 2. The general purposes and powers are: a. To promote the common good, health safety and general walfare of the residents within the Property; b. To exercise all of the powers and privileges and to perform all of the duties and obligations of the Corporation arising from the Declaration applicable to the.
Property, aS amended from time to time, and recorded or to be recorded in the Office of Public Records of Real Property in the Office of the County Clerk of Dallas County, Texas,
on applicable to the.
Property, aS amended from time to time, and recorded or to be recorded in the Office of Public Records of Real Property in the Office of the County Clerk of Dallas County, Texas, the Declaration being incorporated herein by reference for all purposes; c. fo enforce applicable provisions of the Declaration, By-Laws, any rules and regulations of the Corporation and any other instrument for -the management and control of the Property; d. To fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to contract for and pay all expenses in connection with the maintenance, gardening, utilities, materials, supplies and services in relation to the Common Elements (as defined in the Declaration) and facilities; to employ personnel reasonably necessary for administration and control of the Common Areas, including lawyers and accountants where appropriate; and to pay all office and other expenses incident to the conduct of the business for the Corporation, including all licenses, taxes and special assessments which are or would become a lien on any portion of the Property; e. To have and to exercise any and all powers, rights and privileges, including delegation of powers as permitted by law, which the Corporation under the Act may now or hereafter have or exercise; sphere f. To acquire (by purchase, grant or otherwise), annex and merge, own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Corporation; g. To borrow money, mortgage, pledge or hypothecate any or all of its real or personal property as security
wise dispose of real or personal property in connection with the affairs of the Corporation; g. To borrow money, mortgage, pledge or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred in accordance with the Declaration limitations; and h. To act in the capacity of principal, agent, joint venturer, partner or otherwise.
The foregoing statement of purposes shall be construed as a statement both of purposes and of powers, and the purposes and powers in each clause shall not be Limited or restricted by reference to or interference from the terms or provisions of any other clause, but shall be broadly construed as independent Purposes and powers. Notwithstanding any of the above statements of purposes and powers, the Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Corporation.
ARTICLE _V REGISTERED OFFICE AND REGISTERED AGENT The street address of the initial registered office of the Corporation is 9500 Forest Lane, Suite 435, Dallas, Texas, 75243, and the name of its initial registered agent at such address is Ronald D0. Law.
ARTICLE VI INITIAL BOARD OF DIRECTORS The number of Directors constituting the initial Board of Directors of the Corporation is three (3), and the names and addresses of the persons are: -3238 09446 1. CHARLES W. GREENER ~ 9500 Forest Lane, . Suite 500 Dallas, Texas 75243 2. JOYCE McREYNOLDS - 9500 Forest Lane Suite 500 Dallas, Texas 75243 3. BILL HUDNALL 9500 Forest Lane Suite 500 Dallas, Texas 75243 ARTICLE VII INCORPORATORS The name and street address of the Incorporator is: 1. CHARLES W. GREENER 9500 Forest Lane, Suite 500 Dallas, Texas 75243
DNALL 9500 Forest Lane Suite 500 Dallas, Texas 75243 ARTICLE VII INCORPORATORS The name and street address of the Incorporator is: 1. CHARLES W. GREENER 9500 Forest Lane, Suite 500 Dallas, Texas 75243 2. © JOYCE MCREYNOLDS 9500 Forest Lane Suite 500 Dallas, Texas 75243 3. BILL HUDNALL 9500 Forest Lane . Suite 500 : Dallas, Texas 75243 ARTICLE VIIT MEMBERSHIP The authorized number of qualifications for membership in the Corporation along with the appurtenant voting rights and other privileges due Unit Owners in the Project shall be as set out in the Declaration. Every person or entity who is a Record owner of a fee or undivided fee interest in any Unit which is subject to the Declaration, including contract sellers, shall be a Memeber of the Corporation. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Unit which is subject to assessment by the Corporation.
ARTICLE IX DISSOLUTION The Corporation may be dissolved in accordance with the limitations set out in the Declaration. The Corporation is one which does not contemplate pencuniary gain or profit to the Members thereof, and it is organized solely for non-profit purposes. In the event of liquidation, dissolution or. winding up of the Corporation, whether voluntarily Or involuntarily, the Directors shall dispose of the Property and assets of the Corporation in such manner as they, in the exercise of their descretion (as set out in the Declaration), deem appropriate; provided, however, that such purposes for. which the Corporation is formed, and shall not accrue to the benefit of any Director of the Corporation or any individual having a personal or
m appropriate; provided, however, that such purposes for. which the Corporation is formed, and shall not accrue to the benefit of any Director of the Corporation or any individual having a personal or private interest in the affairs of the Corporation or any organization which engages in any activity in which the Corporation is precluded from engaging.
IN WITNESS WHEREOF, we. have hereunto set out hands this 14th day of January, 1983, A.D.
CHARLES W. GREENER —. 4 —— BILL HUDNALL IM? FR NQhid Q STATE OF TEXAS § COUNTY OF DALLAS § I, the undersigned authority, a Notary Public in and for said County and State, do hereby certify that on this 14th day of January, 1983, personally appeared before me CHARLES W.
GREENER, JOYCE MCREYNOLDS and BILL HUDNALL, who being by me first duly sworn, declared that they are the persons who signed ‘the foregoing . document as Incorporators, and that the _ Statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and year above written.
BECKY ANDREPONT, Notary Public in and for the State of Texas Nh een, we My Commission Expires: ECF eh “Devs NTO sit: \S4 bg SR et January 5, 1983 . CREEKBEND HOMEOWNER'S ASSOCIATION, INC.
9500 Forest Lane Suite 500 Dallas, Texas 75243 Re: Consent to Use of Name Gentlemen: The undersigned have no objection to your use of the name of CREEKBEND HOMEOWNER'S ASSOCIATION, INC.
Very truly yours, CREEKBEND CONDOMINIUM HOMEOWNER'S ASSOCIATION, INC.
By: ee Billi Hudnall, Director BYLAWS INCLUSIVE, REVISED TRATION ACT, ARTICLES 224 THROU eRe TRCLUSIVE, REVISED CIVIL STATUTES OF TEXAS 1925, AS AMENDED. ~ “any provision herein which restricts the ; sale, rental, or use of the described real ‘ property because of familial status is in-
IVE, REVISED CIVIL STATUTES OF TEXAS 1925, AS AMENDED. ~ “any provision herein which restricts the ; sale, rental, or use of the described real ‘ property because of familial status is invalid and unentorceable under federsi law.”
FIRST AMENDED AND RESTATED BY-LAWS OF CREEKBEND HOMEOWNERS ASSOCIATION, INC.
(A Texas Non-Profit Corporation) Dallas County, Texas co co €6025 16 aA seam paras TABLE OF GUrTIntTs FOR Uy FIRST AMENDED AND RESTATED BY-LAWS OF CREEKBEND HOMEOWNERS ASSOCIATION, INC.
“(A Texas’ Non-Profit Corporation) PAGE NO.
ARTICLE I - NAME Paragraph 1.1 : - NAME Ll ARTICLE II - PURPOSE AND OWNER OBLIGATION Paragraph 2.1 - PURPOSE 1 Paragraph 2.2 - OWNER OBLIGATION L Paragraph 3.1 ~ MEMBERSHIP L Paragraph 3.2 ~ VOTING l Paragraph 3.3 - MAJORITY OF UNIT 3 OWNERS Paragraph 3.4 : _ QUORUM 3 Paragraoh 3.5 . - PROXIES 3 ARTICLE IV - ADMINISTRATION Paragraph 4.1 ~ DECLARANT CONTROL 3 Paragraph 4.2 . ~ ASSOCIATION 3 RESPONSIBILITIES Paragraph 4.3 | - PLACE OF MEETINGS 3 Paragraph 4.4 - ANNUAL MEETINGS 3 Paragraph 4.5 - . SPECIAL MEETINGS 3 Pacagraph 4.6 ; - NOTICE OF MEETINGS 3 Paragraph 4.7 ~ ADJOURNED MEETING 4.
Paragraph 4.8 - ORDER OF BUSINESS 4 ARTICLE V ~ BOARD OF DIRECTORS Paragraph 5.1 - NUMBER ANZ 4 QUALIFICATION Paragraph 5.2 - POWERS AND DUTIES 4 Paragraph 5.3 - OTHER POWERS AND 4 DUTIES Paragraph 5.4 ~ ELECTION AND TERM 6 OF OFFICE €6025 17Ce Saregracn 3.§ - VACANCIES 6 Pacagraph 5.6 - REMOVAL OF DIRECTORS 6 Paragraph 5.7 - ORGANIZATION MEETING 6 Paragraph 5.8 - REGULAR MEETINGS a: Paragraph 5.9 - SPECIAL MEETINGS 6 Paragraph 5.10 - WAIVER OF NOTICE: 7 Paragraph $.1. - BOARD OF DIRECTOF'S 7 QUORUM Paragraph 5.12 - FIDELITY BONDS 7 ARTICLE VI - OFFICERS Paragraph 6.1 - DESIGNATION 7
agraph 5.9 - SPECIAL MEETINGS 6 Paragraph 5.10 - WAIVER OF NOTICE: 7 Paragraph $.1. - BOARD OF DIRECTOF'S 7 QUORUM Paragraph 5.12 - FIDELITY BONDS 7 ARTICLE VI - OFFICERS Paragraph 6.1 - DESIGNATION 7 Paragraph 6.2 - ELECTION OF OFFICERS 7 Paragraph 6.3 ~ REMOVAL OF OFFICERS 7 Paragraph 6.4 - PRESIDENT 7 Paragraph 6.5 - VICE PRESIDENT 8 Paragraph 6.6 - SECRETARY 8 Paragraph 6.7 - TREASURER 8 ARTICLE VII - MANAGEMENT CONTRACT ° Paragraph 7.1 - MANAGEMENT COMPANY ARTICLE VIII - IDENTIFICATION OF OFFICERS AND MANAGERS Paragraph 8.1 - INDEMNIFICATION 10 ARTICLE [X - OBLIGATIONS OF THE OWNERS Paragraph 9.1 - ASSESSMENTS llParagraph 9.2 - GENERAL - ll Paragraph 9.3 - USE OF COMMON AREAS ll ARTICLE X - AMENDMENTS TO PLAN OF OWNERSHIP Paragraph 10.1 - BY-LAWS li ARTICLE XI - MORTGAGES Paragraph 11.1 - NOTICE TO ASSOCIATION ll Paragraph 11.2 - NOTICE OF UNPAID Ll ASSESSMENTS ARTICLE XII - COMPLIANCE Paragraph 12.1 - LEGAL REQUIREMENTS. li ARTICLE XILI - NON-PROFIT ASSOCIATION Paragraph 13.1 - NON-PROFIT PURPOSES 12 €6025 1704 ARTICLE XIV - PRINCIPAL OFFICE Paragraph 14.1 ; - ADDRESS ARTICLE XV - EXECUTION OF INSTRUMENTS Paragraph 15.1 - AUTHORIZED AGENTS ARTICLE XVI - CORPORATE SEAL Paragcaph 16.1 ~- CORPORATE SEAL ARTICLE XVII - DEFINITIONS OF TERMI Paragraph 17.1 - DEFINITIONS OF TERMS ARTICLE AVIII - ARBITRATION Paragraph 18.1 - ARBITRATION CERTIFICATE e6o25 170¢ 12 12 l2 13 FIRST AMENDED AND RESTATED BY-LAWS OF CREEKBEND HOMEOWNER’S ASSOCIATION, INc(A Texas Non-Profit Corporation) ARTICLE = NAME 1. NAME, The name of the organization shall be CREEKBEND HOMEOWNERS ASSOCIATION, INC., hereinafter called “Association".
ARTICLE IT PURPOSE AND OWNER OBLIGATION 2.1 PURPOSE. The purpose for which this non-profit Association is formed is to govern the Townhome Property
ASSOCIATION, INC., hereinafter called “Association".
ARTICLE IT PURPOSE AND OWNER OBLIGATION 2.1 PURPOSE. The purpose for which this non-profit Association is formed is to govern the Townhome Property situated in the County of Dallas, State of Texas, which Property is described on the attached Exnibit "“A“, which by this reference is made a part hereof.
2.2 OWNER OBLIGATION. All present or future owners, tenants, future tenants or any other person who might use the facilities of the Project in any manner, are subject to the regulations set forth in the By-Laws. “The mere acquisition or rental of any of the Townhome Units (hereinafter referrec to as “Units”) of the Project or the mere act of occupancy of any of said Units will signify that tnese By-Laws are accepted, ratified and will be strictly followed.
ARTICLE IIT DEFINITION AND TERMS 3.1 MEMBERSHIP. Any person on becoming an Owner of a Townhome Unit shall automatically become a Member of this Association and be subject to these By-Laws. Such membership shall terminate without any formal Association action whenever such person ceases to own a Townhome Unit. Such termination shall not relieve or release any such former Owner from any liability or obligation, incurred under or in any way connected with Creekbend Townhomes during the period of such ownership and membership in this Association, or impair any rights or remedies which the Board of Directors of the Association or others may have against such former Owner and Member arising out of or in any way connected with such ownership. and membership and the covenants and obligations incident thereto.
No certificates of stock shall be issued by the Association.
3.2 VOTING.
A. Membership. Every person or entity who is a
ch ownership. and membership and the covenants and obligations incident thereto.
No certificates of stock shall be issued by the Association.
3.2 VOTING.
A. Membership. Every person or entity who is a tecord owner of a fee or undivided fee interest in any Lot which is subject to covenants of record, to assessment by the Association, including contract sellers, shall be eg025 lbs mergers. Provided, nowever, entities whe hoid an interes!
merely as security for the perform € an odiigaci shall not be members. No Owner shall have more than one (1) Membership. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for Membership.
Any mortgagee or lienholder who acquires title to any Lot which is a pact of the Property, through judicial oc non-judicial foreclosures, shall be a o=member of the Association. ; ~ B. Ciasses of Members. The Association shall have two (2) classes Gf voting memberships, as follows: (a) Class A. Class A Members shall be all Owners other than the following: (i) Epic, (ii) any Subject Buyer, as defined in the First Amended and Restated Declaration of Covenants, Conditions and Restrictions of Creekbend Townhomes (the “Declaration"), or (iii) any ouyer at any foreclosure sale or by deed in lieu of foreclosure.
(b) Class 8. Class B Member shall be Epic any Subject Buyer, or any buyer at any foreclosure sale or by deed in lieu of foreclosure.
Cc. Voting Rights Prior to Conversion Date.
Prior to the Conversion Date, as defined in the Declaration, unit ownership shall entitle the Owner(s) to cast one (1) vote per unit for the Class in which such Owner is a Member. Notwithstanding the foregoing, and for
rsion Date, as defined in the Declaration, unit ownership shall entitle the Owner(s) to cast one (1) vote per unit for the Class in which such Owner is a Member. Notwithstanding the foregoing, and for the benefit and protection of the unit owners and any Eirst mortgagees of record and for the sole purpose of insuring a complete and arderly buildout as well as a timely sellout of the project, the Declarant will retain control of and over the Association until the earlier to occur of (i) 120 days after the sale of seventy-five percent (75%) of the units, including any annexations; or (ii) five (5) years following the conveyance of the first unit. : dD. Voting Rights From and After Conversion Date. From and after the Conversion Date, but priar to such time as the aggregate number of Lots owned by Class A Members equals 75, whenever Members are required to vote hereunder, the Members of Class A shall be entitled to vote on any issue or matter as a class. In this event, the Members of Class A shall first vote among themselves (with each Class A Member entitled to one vote per unit owned by such Class Member), and, after such vote by Class A Members, Class A shall be deemed to have voted 57 votes in accordance with the majority vote in such preliminary voting and no votes against such majority vote. Each Class B Member shall be entitled to a number of votes equal to a fraction, the numerator of which shall be equal to the lesser of 55 or the number of Lots owned by all Class 8B Members and the denominator of which shall be equal to the number of Lots owned by all Class B Members, multiplied bv the number of units owned by the Class B Member. From and after the Conversion Date, but after such time as the aggregate number of Lots owned by Class A Members is 75 or
lass B Members, multiplied bv the number of units owned by the Class B Member. From and after the Conversion Date, but after such time as the aggregate number of Lots owned by Class A Members is 75 or greater, each Class A Member and each Class B Member shall be entitled to cast one (1) vote for each Lot owned by such Member.
g6o25 1704 3.3 MAJOQITY OF UNIT CWNERS. As used in these By-Laws the term “majority of Unit Owners” shall mean those Owner i fifty-one percent (51%) of the votes entitled to be cast.
3.4 QUORUM. Except as otherwise provided in these By-Laws,. the presence in person or by proxy of a Majority of Unit Owners in each class shall constitute a quorum prior to the Conversion Date, and the presence in person or by proxy of a majocity of Unit Owners shall constitute a quorum from and after the Conversion Date, 3.5 PROXIES. Votes may be cast in person oc by Proxy. Proxies must be filed with the Secretary before the appointed time of each meeting. ‘ : ARTICLE [V ADMINISTRATION 4.1 DECLARANT CONTROL. The Declarant, Sumner & Greener, a Texas General Partnership, shall retain control over management of the affairs of the Association as set forth in Paragraph 3.3 of the Declaration and Paragraph 3.2 hereof.
This retention of control shall be for the benefit of the Unit Owners and any First Mortgagee of Record and for the purpose of insuring both a complete and orderly buildout and a timely sellout of the Project Units.
4.2. ASSOCIATION RESPONSIBILITIES. The Owners of the Units will constitute the Association of Unit Owners, hereinafter referred to as “Association”, who will have the responsibility of administering the Project through a Board of Directors. 7 4.3 PLACE OF MEETINGS. All amnual and = special meetings of the Association shall be held at the principal
ho will have the responsibility of administering the Project through a Board of Directors. 7 4.3 PLACE OF MEETINGS. All amnual and = special meetings of the Association shall be held at the principal office of the Association or at such other suitable and convenient place as may be permitted by law and from time to time fixed by the Directors and designated in the notices of such meetings.
4.4 ANNUAL MEETINGS. Annual meetings shall be held the fourth (4th) Tuesday of January of each year.
4.5 SPECIAL MEETINGS. It shall be the duty of the President to call a special meeting of the Owners as directed by resolution of the Board of Directors or upon a petition Signed by at least one-tenth (1/10) of the Owners in each class prioc to the Conversion Date and one~tenth (1/10) of the Owners from and after the Conversion Date, and- presented to the Secretary. The notices of any special meeting shall state the time and place of such meeting and the purpose thereo€: No business shall be transacted at a special meeting except as stated in the notice unless by consent of four-fifths (4/5) of the Owners present in each class prior to the Conversion Date, and four-fifths (4/5) of the Owners from and after the Conversion Date, either in person or by proxv, 4.6 NOTICE OF MEETINGS. The Secretary shall mail notices of annual and special meetings to each Member of the Association, directed to his Last known post office address, as shown on the records of the Association, by uncertified mail, postage prepaid. Such notice shall be mailed not less than ten '(10) days nor more than twenty (20) days before the date of such meeting and shall state the date, time and place of the €6025 702 resting and ths gurgosa Sf gurss Tn liau of mailing notice 4s mertein provided, s: I woo sa seliverse
20) days before the date of such meeting and shall state the date, time and place of the €6025 702 resting and ths gurgosa Sf gurss Tn liau of mailing notice 4s mertein provided, s: I woo sa seliverse by hand oc left at his cesidence in his absence. If requested, any Moctgagee of Record or its designee may be entitled to receive similar notice.
4.7 ADJOURNED MEETING. If any meeting of Owners Cannot be organized ‘because a quorum has not attended, the Ownecs who ate present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is attained.
4.8 ORDER OF BUSINESS. Tne order of business at all meetings of the Owners of Units shall be as follows; a. Roll call.
b. Proof of Notice of meeting or waiver of notice.
c. Reading of minutes of preceding meeting.
d. Reports of officers.
e. Reports of committees.
€. Election of Directors.
g. Unfinished business, h. New business.
ARTICLE V BOARD OF DLRECTORS 5.1 NUMBER AND QUALIFICATION. The affairs of this Association shall be governed by a Board of Directors composed of six (6) persons. Prior to the Conversion Date, three (3) members of the Board of Directors shall be elected by Class A Members and three (3) members of the Board of€ Directors shall be elected by Class B Members. From and after the Conversion Date, four (4) members of the Board of Directors shail be elected by Class A Members and two (2) members of the Board of Directors shall be elected by Class B Members. The following persons shall act in such capacity and shall manage the affairs of the Association until their successors are elected, to-wit: (1) Bill Hudnaii (2) Charles W. Greener (3) Joyce McReynolds 5.2 POWERS AND DUTIES. The Board of Directors shall have the powers and duties necessary for the administration of
ors are elected, to-wit: (1) Bill Hudnaii (2) Charles W. Greener (3) Joyce McReynolds 5.2 POWERS AND DUTIES. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and for the operation and Maintenance of a residential Townhome Project. The Board of Directors may do all such acts and things that are not by these By-Laws or by the Declaration for Creekbend Townhomes directed to be exercised and done by the Owners.
5.3 OTHER POWERS AND DUTIES. The Board of Directors shall have the following duties: €6025 1706 = a eet feiss conditions, cestricrions, uses, limitations, 2 and all other provisions set forth in the Declarat cten) rea] m3 Gi ww fu oom we iao4 ui cli ion.
b. To establish, make and enforce compliance with rules necessary foc the ordecly operation, use and occupancy of this Project. ; Cc. To keep in good order, condition .and repair all of the Common Areas and all items of personal property used in the enjoyment of the entire Premises.
d. To insure and keep insured all o€ the insurable Common Areas of the Property in an amount equal to their maximum replacement value, as provided in the Declaration. Further, to obtain and maintain comprehensive liability insucance covering the entire Premises in amounts not less than One Million Dollars ($1,000,000.00) covering all claims for personal injury and/or property damage arising out of a single occurrence. To insure and keep all the fixtures, equipment and personal property acquired by the Association for the benefit of the Association, the Owners of the Units and their First Mortgagees.
e. To fix, determine, levy and collect the monthly assessments to be paid by each of the Owners; and by majority vote of the Board to adjust, decrease or
wners of the Units and their First Mortgagees.
e. To fix, determine, levy and collect the monthly assessments to be paid by each of the Owners; and by majority vote of the Board to adjust, decrease or increase the amount of the monthly assessments subject to provisions of the Declaration; to levy and collect special assessments in order to mest increased operating or maintenance expenses or costs, and additional capital expense. All monthly or other assessments will be in itemized statement forms and shall set forth in detail the various expenses for which the assessments are being made.
f. To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an Owner, as provided in the Declaration and these Sy-Laws.
g9. . To protect and defend the entire Premises from loss and damage by suit or otherwise.
h, To borrow funds in order to pay for any required expenditure or outhlay; to execute all such instruments evidencing such indebtedness which shall be the several obligations of all of the Owners in the same proportion as their interest in the Common Areas.
i. To enter into contracts within the scope of their duties and power.
' 3.. To establish a bank account for the commor treasury of all separate funds which are required or may be deemed advisable by the Board of Directors.
k. To keep and maintain full and accurate books and records showing all of the receipts, expenses or disbursements anc to permit examination thereof at any reasonable time by each of the Owners and any First Mortgagee of a Unit, the Veterans Administration or Federal Housing Administration, and to cause a complete audit of the books and accounts by a competent accountant, once each year, The Association shall cause to be prepared and
rans Administration or Federal Housing Administration, and to cause a complete audit of the books and accounts by a competent accountant, once each year, The Association shall cause to be prepared and delivered annually to each Owner an audited statement showing all receipts, expenses or disbursements since the last such statement. Such audited Financial statements e6025 170% shall be availiable to any First Mortgagee of a Unit, on request, within thirty (30) days following the Fiscal year end of the Project.
‘lL. To meet at least once each quarter.
m. To designate the personnel necessary for the maintenance and operation of the Common Areas.
n. In genecal, to cacry on the administration of this Association and to do all of those things, necessary and reasonable, in order to carry out the pucpose of the Association.
5.4 ELECTION AND TERM OF OFFICE. At the first annual meeting of the Association the term of office of the Directors shall be fixed for one (1) yeac. At the expiration of the initial term of. office of éach respective Director, his successor shall be elected to serve a term of ome (1) year.
The persons acting as Directors shall hold office until their successors have been elected and hold their first meeting.
5.5 VACANCIES. Prior to the Conversion Date, vacancies on the Board of Directors caused by any reason other than the removal of a Director shall be filled by vote o€ the majority of the remaining Directors elected by the class which elected the Director whose position is vacated, and, .ftom and after the Conversion Date, such vacancies shall be filled by a vote of the majority of the cemaining Directors. (even though, in both instances, they may constitute less than a quorum) .Each Director so elected shall serve out the remaining term of
be filled by a vote of the majority of the cemaining Directors. (even though, in both instances, they may constitute less than a quorum) .Each Director so elected shall serve out the remaining term of his predecessor.
5.6 REMOVAL OF DIRECTORS. At- any regular or special meeting duly called and held orior to the Conversion Date, any one (1) or more of the Directors may be removed with or without cause by a majority of the Owners in the class which elected such Director or Directors, and a successor may then and there be elected by such class to fill the vacancy thus created, and at any such meeting duly called and held from and after the Conversion Date, such removal and election may be made by a majority of the Owners.
5.7 QRGANIZATION MEETING. The first meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such place as shall be fixed by the Directors at the meetinc et which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole. Board shall be present.
5.8 REGULAR MEETINGS. Regular meetings of the Board of Directors may be held at such time and piace as shall be determined, from time to time, by a majority of the Directors, but at least four (4) such meetings shall be held during each fiscal year. Notice of regular meetings o€ the Board of Directors shall be given to each Director, personally, by mail, telephone or telegraph, at least three (3) days prior to the day named for such meeting.
5.9 SPECIAL MEETINGS. Special Meetings of the Board of Directors may be called by the President or Secretary, or upon the written request of at least two (2) Directors elected
named for such meeting.
5.9 SPECIAL MEETINGS. Special Meetings of the Board of Directors may be called by the President or Secretary, or upon the written request of at least two (2) Directors elected by each class of Owners prior to the Conversion Date, and of at least four (4) Directors from and after the Conversion Date.
The President or Secretary will give three (3) days‘ personal — e6025 70 notice to each Director by mail, telephone or telegraph, which notice shall. state the time, place (as hereinabove provided) and purpose of the meeting.
5.10 WAIVER OF NOTICE. Before or at any meeting of the _ Board of Directors, any Director may in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place hereof. If€ all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
5.11 BOARD OF DIRECTOR'S QUORUM. At all meetings of the Board of Directors from and after the Conversion Date, a majority of Directors shall constitute a quorum for the transaction of business, and at any such meeting prior to the Conversion Date, a majority of Directors elected by each class of Owners shall constitute such a. quorum. The acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors; provided, however, if no majority is obtained, the dispute may be submitted to arbitration, in accordance with Article XVIIT hereof. Tf at any meeting of the Board of Directors, there is less than a quorum present, the majority of those present may
he dispute may be submitted to arbitration, in accordance with Article XVIIT hereof. Tf at any meeting of the Board of Directors, there is less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted ak the meeting, as originally. called, may be transacted without additional notice. Votes at any meeting of the Board of Directors, and attendance at such meeting, may be accomplished in person or by = proxy. Proxies must be filed with the Secretary before the appointed time of each meeting.
5.12 FIDELITY BONDS. The Board of Directors may cequire that 411i officers anc emplovees of the Association handling or responsibie for Association funds shall furnish adequate fidelity bonds. The premium on such bonds shall be paid by the Association.
ARTICLE VI OFFICERS 6.1 DESIGNATION. The officers of the Association shall be a President, Vice President, Secretary and Treasurer, all of whom shall be elected by the Board of Directors.
6.2 ELECTION OF OFFICERS, The officers of the Association shall be elected annually by the Board of Directors ak the organizational meeting of each new Board and shall hold office at the pleasure of the Board. , 6.3 REMOVAL OF OFFICERS. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, wither-with or without cause, and his successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board called for such purpose. ; 6.4 PRESIDENT. The President shall be the chief executive officer of the Association. He shall preside at all meetings of both the Association and the Board of Directors.
rd called for such purpose. ; 6.4 PRESIDENT. The President shall be the chief executive officer of the Association. He shall preside at all meetings of both the Association and the Board of Directors.
He shall have all the general powers and duties which are usually vested in the office of the President of an association, including, but not Limited to, the power to g6025 1703 appoint committees from among ‘he Oxners 29 assist in the administration. of the affairs of the Association. The President, or his designated alternative, shall represent the Association at all meetings of the Creekbend Homeowners Association, Inc.
6.5 VICE PRESIDENT. The Vice President shall perform all of the duties of the President in his absence and such other duties as may be required of him from time to time by the Board of Directors.
6.6 SECRETARY.
a. The Secretary shall keep the minutes o€ all meetings of the Board of Directors and the minutes of all meetings of the Association. He shall have charge of such books and papers as the Board of Directors may direct; and he shall, in general, perform all the duties incident to the office of the Secretary.
b. The Secretary shall compile and keep up to date at the principal office of the Association a complete list o€ Members and theic last known addresses as shown on ‘the rcecords of the Association. Such list shall show opposite each Member's name, the number of Members living in the Unit and the parking spaces assigned for use in connection with such Unit. Such list shall be open to inspection by Members and other persons lawfully entitled to inspect the same at. reasonable times during regular business hours. ; 6.7 TREASURER. The Treasurer shall receive and deposit in appropriate bank accounts all money’ of the
ersons lawfully entitled to inspect the same at. reasonable times during regular business hours. ; 6.7 TREASURER. The Treasurer shall receive and deposit in appropriate bank accounts all money’ of the Association and shall disburse such as directed by resolution of the Boarc of Directors; providec, however, thet @e resolution of the Board of Directors shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board of Directors, including authority to: sign all checks and promissory notes of the Association; keep proper books of account; cause an annual statement of the Association's books to be made at the completion of each fiscal year; prepare an annual budget and a statement of income expenditures to be presented to the Membership at its regular. annual meeting, and deliver a copy of each to the Members; and perform all other duties assigned to him by the Board of Directors.
ARTICLE VII MANAGEMENT CONTRACT 7.1 MANAGEMENT COMPANY. The Board of Directors shall enter into a management agreement with a management company at a cate of compensation agreed upon by the Board of Directors.
In accordance with the Declaration and these By-Laws, the management company shall have, but shall not be limited to, the following functions, duties and responsibilities: a. Fiscal Management.
(1) Prepare an annual operating budget detailed to reflect expected operation for each month. This budget is established to show expected recurring receipts and operating disbursements. Ie is further used for comparison with actual monthly income and expenditures.
86025 1710 (2) Prepare five (5) year reserve budget projection for capital expenditures on items reoccurring only periodically, L1.8., painting,
comparison with actual monthly income and expenditures.
86025 1710 (2) Prepare five (5) year reserve budget projection for capital expenditures on items reoccurring only periodically, L1.8., painting, “etc. for Common Areas.
(3) Prepare monthly operating and cash position statements and statements concerning sinking fund resesve accounts. , - (49) Analyze and compare operating receipts and disbursements against the Board-approved budget. Where a significant variation is shown (10% above or below the budgeted amount), prepare explanations of variations Erom budgeted Figures.
(5) Collect maintenance fees and _ special assessments; deposit them in checking, savings or other income producing accounts on behalf of the Board and maintain comprehensive records thereof.
Establish individual checking and reserve accounts, as directed by the Board.
(6) Mail notices of delinquency to any Owner in arrears, and exert reasonable sfFort to collect delinquent accounts.
(7) Examine all expense invoices for accuracy and pay all bills in accordance with the terms of the property management agreement, (8) Prepare yearc~end statement of operations for Owners.
b. Physical Management.
(1) Assume full responsibility for maintenance and control o£ Common Area improvements and equipment. Maintain the Property in constant cepair to reflect Owner pride and to insure high property values in accordance with the provisions of the operating budget, as approved by the Board of Directors.
(2): Enter into contracts and supervise services foc lawn care, refuse hauling, pump maintenance, etc., as approved operating budgets.
(3) Select, train and supervise competent personnel, as directed by the Board.
(4) Compile, assemble and analyze data; and Prepare specifications and call for bids for major
pproved operating budgets.
(3) Select, train and supervise competent personnel, as directed by the Board.
(4) Compile, assemble and analyze data; and Prepare specifications and call for bids for major improvement projects. Analyze and compare bids, issue contracts and coordinate the work; maintain close and constant inspection to insure that work is performed according to specifications.
(5) Perform any other projects with diligence and economy in the Board's best interests.
c. Administrative Management.
(1) Inspect contractual services for satisfactory performance. Prepare any necessary compliance letters to Vendors.
~!
~ ego25 | (2) Obtain aad oenslvzs bsids fcr insurance coverage specified in By-Laws, recommend modifications or additional coverages. Prepare claims when required and follow up on payment; act as Boards' representative in negotiation settlement.
(3) Exercise close liaison and supervision over all personnel to insure proper operational maintenance and ko Promote good ManagementResident-Owner relationships. ; (4) Act as Liaison for the Association in any negotiations or disputes with local, federal or state taxing agencies or regulatory bodies.
(5S) Exercise close supervision over hours and working conditions of employed personnel to- insure compliance with Wage and Hour Workman's Compensation Laws.
(6) Assist in resolving individual Owner's problems as they pertain to the Association, Common Areas and governing rules and regulations.
(7) Represent an absentee Owner when requested.
(8) Administer the Project in such a way as to promote a pleasant and harmonious relationship.
ARTICLE VIII INDEMNIFICATIOk OF OFFICERS AND DIRECTORS 8.1 INDEMNIFICATION. The Association shall indemnify every Director Or officer, his heics, executors and
a pleasant and harmonious relationship.
ARTICLE VIII INDEMNIFICATIOk OF OFFICERS AND DIRECTORS 8.1 INDEMNIFICATION. The Association shall indemnify every Director Or officer, his heics, executors and administrators, against all loss, cost and expense, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a Director or officer of the Association, except in matters of gross negligence or willful misconduct. In the event of a settlement, indemnification shall be provided only in connection with such matters in which the Association is advised by counsel that the person to be indemnified has not been quilty of aross negligence or willful misconduct in the performance of his duty as such Director o: officer in relation to the matter involved. The foregoing tights shall not be exclusive of other rights to which such Director or officer may be entitled. All liability, loss, damage, cost and expense incurred or su€fered by the Association in connection with the foregoing indemniEication provision shall be treated and handled by the Association as Common Expenses; provided, however, nothing contained in this Article VIII shall be deemed to obligate the Association to indemnify any Member or Owner of a Unit, who is or has been a Director or officer of the Association, with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of the Declaration for Waiden Pond Condominiums as’ a Member or Owner of a Unit covered thereby.
e6025 Ille OBLIGATIONS OF THE OWNERS 9.1 ASSESSMENTS. All Owners shall be obligated to pay the monthly assessments. imposed by the Association as defined
’ a Member or Owner of a Unit covered thereby.
e6025 Ille OBLIGATIONS OF THE OWNERS 9.1 ASSESSMENTS. All Owners shall be obligated to pay the monthly assessments. imposed by the Association as defined in the Declaration. A Member snall be deemed to be in good standing and entitled to’ vote at-any annual or special meeting.
of Members, within the meaning of these By-Laws, only if he is current in the assessments made or levied against nim.
9.2 GENERAL.
(a) Each Ownec shall comply strictly with the provisions of the Declaration for Creekbend Townhomes.
(6) Each Owner shall always endeavor to observe and promote the cooperative purposes for which the Project was built.
9.3 USE OF COMMON AREAS. Each Owner may use the Common Areas in accordance with the purposes for which they were intended.
ARTICLE x AMENDMENTS TO PLAN OF OWNERSHIP 10.1 BY-LAWS.
the Association, these S8y-Laws may be amended by the Association at a duly constituted meeting for such purpose, anc in accorGance with tne erovisions cf Perecreph 1C.2 ef the Declaration. In the event of a conflict between the two (2) documents, the Oeclaration shall control.
b. Until relinquishment of Declarant control o€ the Association, these By-Laws may be unilaterally amended by the Declarant to correct any clerical or typographical eCcror or omission, or to change any provision to meet the requirements of the Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Veterans Administration or Federal Housing Administration.
ARTICLE Xi MORTGAGES ll.1 NOTICE TO ASSOCIATION. An Owner who mortgages his Unit shall notify the Association through the President of the Association giving the name and address of his Mortgagee.
on.
ARTICLE Xi MORTGAGES ll.1 NOTICE TO ASSOCIATION. An Owner who mortgages his Unit shall notify the Association through the President of the Association giving the name and address of his Mortgagee.
11.2 NOTICE OF UNPAID ASSESSMENTS. The Association shall, at the rcequest of a Mortgagee of a Unit, report any unpaid assessments due from the Owner of such Unit.
ARTICLE XII COMPLIANCE ‘12.1 LEGAL REQUIREMENTS. These By-Laws are set forth.
to comply with the requirements of the laws of the State o€ Texas. If any of these By-Laws conflict with the provisions of ago25 Iris such -statutes, it is nerety ag and accaptec that the a 2 provisions of such statutes will L read eply.
- ARTICLE XILL NON-PROFIT ASSOCIATION 13.1 NON~PROFIT PURPOSES. This Association is not organized for profit. No Unit Owner, Member of the Board of Directors or person from whom the Association may receive any Property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operation thereof, and in no event shall any part of the funds or assets of the association be paid as a salary or as compensation to, oc distributed to or inure to the benefit of any Member of the Board of Oirectors; provided, however, always (1) that reasonable compensation may be paid to any Member while acting aS an agent or employee of the Association and (2) that any Member of the Board of Directors may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association. , ; ARTICLE XIV PRINCIPAL OFFICE 14.1 ADDRESS. The principal office of the Association Shall be located at 13224 Woodbend Lane, Dallas, Texas 75243, but may be located at such other suitable and convenient place
XIV PRINCIPAL OFFICE 14.1 ADDRESS. The principal office of the Association Shall be located at 13224 Woodbend Lane, Dallas, Texas 75243, but may be located at such other suitable and convenient place as shall be permitted by law and designated by the Directors.
ARTICLE Xv EXECUTION OF INSTRUMENTS is.1 AUTHORIZED AGENTS. The person who shall be authorized to execute any and all instruments of conveyance or encumbrances, including promissory notes, shall be the President and Secretary of the Association.
ARTICLE XVI CORPORATE SEAL 16.1 CORPORATE SEAL. The Directors shall provide a corporate seal which shall be circular in form and shall have inscribed thereon the name of the Association.
ARTICLE XVII DEFINITIONS OF TERMS 17.1 DEFINITIONS OF TERMS. The terms used in these By-Laws, to the extent they are defined in said Declaration, shall have the same definition as set forth in the Declaration for Creekbend Townhomes, as the same may be amended from time to time, recorded in the office of the County Clerk of Dallas County, Texas.
_ agg25 i7l% ARTICLE XVIII ARBITRATION Whenevec a dispute is required or permitted to be resolved’ by arbitration pursuant to the terms hereof, any group of Directors voting in the same manner may institute arbitration proceedings by giving written notice thereof to the other directors, which notice shall specify the nature of such dispute and the person chosen to serve as an arbitrator by the group giving such notice. The other group shall, within fifteen (15) days of receipt of such instituting group's prior written notice, designate another arbitrator by written notice to such instituting group. I€é .the group. to whom such instituting group has delivered notice shall refuse or fail to
ting group's prior written notice, designate another arbitrator by written notice to such instituting group. I€é .the group. to whom such instituting group has delivered notice shall refuse or fail to appoint an arbitrator within such fifteen (15) day period, then the arbitrator appointed by th instituting group shall have the power to proceed to arbitr -e a resolution of the dispute, and such single arbitrator's determination in writing shall be final and binding upon each of the directors. I£ both groups hereto choose an arbitrator pursuant to the foregoing, the two arbitrators shall together select a third arbitrator within thirty (30) days of the date notice is given of the appointment of the second arbitrator. All arbitrators appointed pursuant hereto shall be neutral and disinterested members of the American Arbitration Association or any successor organization thereto.
The written decision of the arbitrators shall be final as to the resolution of the particular dispute, and such written decision shall be binding on the directors. Any arbitration proceeding pursuant hereto shall bé in accordance with the arbitration rules promulgated by the American Arbitration Association or any successor organization; provided, however, that in the event of any conflict petweer such rules enc thir Article XVIII, the provisions of this Article XVIITF shal?
govern. -Each of the directors shall take all actions necessary to complete the arbitration procedure with due diligence and in as short a time as possible under all of the existing circumstances.
CERTIFICATE I HEREBY CERTIFY that the foregoing is a true, complete and correct copy of the Amended and Restated By-Laws of Creekbend Homeowners Association, Ince., a Texas non-profit corporation,
es.
CERTIFICATE I HEREBY CERTIFY that the foregoing is a true, complete and correct copy of the Amended and Restated By-Laws of Creekbend Homeowners Association, Ince., a Texas non-profit corporation, as approved by vote of not less than ninety percent (90%) of the Owners, and as adopted by the Board of Directors, effective as of the 3lst day of July » 19885.
IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Corporation, this the le day of OR SAG rf , A.O0., 198 4.
secretary (9o0aw g6025 1715 COVENANTS, CONDITIONS & RESTRICTIONS feet . ‘oF 4 * fhe FIRST AMENDED AND RESTATED ‘DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ; CREEKBEND TOWNHOMES . Neen cypn £5 neo 1 Oat TABLE OF CONTENTS FOR FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND OF CREEKBEND TOWNHOMES INTRODUCTORY ARTICLE I - DEFINITIONS Paragraph 1.1 : Paragraph 1.2 Paragraph 1.2.1 Paragraph 1.3 Paragraph 1.4 Paragraph 1.5 Paragraph 1.6 Paragraph 1.7 Paragraph 1.8 Paragraph 1.9 "Paragraph 1.10 Paragraph 1.11 ARTICLE II - PROPERTY RIGHTS Paragraph 2.1 Paragraph 2.2 Paragraph 2.3 Paragraph 2.4 ARTICLE III - MEMBERSHIP AND Paragraph 3.1 Paragraph 3.2 ASSOCIATION COMMON AREA LIMITED COMMON AREAS CONSTRUCTION AND SALE PERIOD.
CONVERSION DATE EPIC LIENHOLDER OR FIRST MORTGAGEE LOT MEMBER OWNER PROPERTY, PREMISES, OR DEVELOPMENT TOWNHOUSE OR TOWNHOME OWNER’S EASEMENTS OF ENJOYMENT DELEGATION OF USE TITLE TO THE COMMON AREA PARKING RIGHTS VOTING RIGHTS MEMBERSHIP CLASSES OF MEMBERS RESTRICTIONS PAGE NO.
1 Paragraph 3.3 Paragraph 3.4 Paragraph 3.5 , VOTING RIGHTS PRIOR TO CONVERSION DATE VOTING RIGHTS FROM AND. AFTER CONVERSION DATE.
NO CUMULATIVE VOTING ARTICLE IV -..COVENANT FOR MAINTENANCE ASSESSMENTS Paragraph 4.1° Paragraph Paragraph Paragraph Paragraph Paragraph
CONVERSION DATE VOTING RIGHTS FROM AND. AFTER CONVERSION DATE.
NO CUMULATIVE VOTING ARTICLE IV -..COVENANT FOR MAINTENANCE ASSESSMENTS Paragraph 4.1° Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph » Paragraph Paragraph Paragraph 4.10 Paragraph 4.11 Paragraph 4.12 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 CREATION OF THE LIEN AND PERSONAL. — ‘ OBLIGATION OF ASSESSMENTS PURPOSE OF: ASSESSMENTS BASIS AND MAXIMUM OF.
ANNUAL ASSESSMENTS SPECIAL. ASSESSMENTS FOR CAPITAL IMPROVEMENT.
NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER PARAGRAPHS 4.3 AND 4.4 UNIFORM RATE OF ASSESSMENT. “~ DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION SUBORDINATION OF THE LIEN TO MORTGAGES EXEMPT PROPERTY MANAGEMENT. AGREEMENTS INSURANCE REQUIREMENTS ARTICLE V - ARCHITECTURAL CONTROL Paragraph ARTICLE VI - MAINTENANCE Paragraph Paragraph ‘Paragraph 5.1 6.1 6.2 6.3 PHYSICAL RESTRICTIONS he ASSOCIATION .
RESPONSIBILITIES OWNER RESPONSIBILITY AUTHORITY OF ASSOCIATION 10 10 10 ll 13 13 14 14 €6025 1635 ARTICLE VII - PARTY WALLS Paragraph 7.1 Paragraph 7.2 Paragraph 7.3 Paragraph 7.4 Paragraph 7.5 ARTICLE VIII - USE RESTRICTIONS Paragraph 8.1 Paragraph 8.2 Paragraph. 8.3 Paragraph 8.4 “Paragraph 8.5 Paragraph 8.6: Paragraph 8.7 Paragraph 8.8 Paragraph 8.9 -Paragraph 8.10 Paragraph 8.11 Paragraph 8.12 ARTICLE. IX - EASEMENTS Paragraph 9.1 | Paragraph 9.2.
Paragraph 9.3 Paragraph 9.4 ARTICLE X - GENERAL PROVISIONS Paragraph 10.1 Paragraph 10.2.
Paragraph 10.3 Paragraph 10.4 GENERAL RULES OF LAW 14 TO APPLY SHARING OF" REPAIR 14 AND MAINTENANCE WEATHERPROOF ING 14 RIGHT TO CONTRIBUTION 15 RUNS WITH LAND ARBITRATION 15 RESIDENTIAL USES 15 AND LIMITATIONS FREEHOLD ESTATE 15 DECLARANT EXEMPTION 15.
DOMESTIC ANIMALS 16 SIGNS 16
4 AND MAINTENANCE WEATHERPROOF ING 14 RIGHT TO CONTRIBUTION 15 RUNS WITH LAND ARBITRATION 15 RESIDENTIAL USES 15 AND LIMITATIONS FREEHOLD ESTATE 15 DECLARANT EXEMPTION 15.
DOMESTIC ANIMALS 16 SIGNS 16 VISUAL CONTROLS 16 SPECIFIC USES 16 UNIT FIXTURES AND 17 EQUIPMENT ANTENNAS . 17 PARKING AND STORAGE 17 AREA RESTRICTIONS ANNOYANCE 17 NO DISCRIMINATION. 17 ENCROACHMENTS 17 RESERVATION OF 17 VARIANCE ‘ADDITIONAL EASEMENTS 18 UNDERGROUND 18 ELECTRICAL SERVICE ENFORCEMENT 19 SEVERABILITY 19 AMENDMENT 19 COMMON AREA 19 ALIENATION .
= Paragraph Paragraph Paragraph Paragraph Paragraph 10.5 10.6 10.7 10.8: 10.9 ~ MORTGAGEE RIGHTS LEASES SUBSTANTIAL TAKING OR DESTRUCTION: CONDEMNATION GENDER AND GRAMMAR g6025 1637 19 20 20 20 21 ‘FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CREEKBEND TOWNHOMES THE STATE OF TEXAS II) COUNTY OF DALLAS THIS DECLARATION, made on the date hereinafter set forth by ’ the undersigned, : WITNESS ETH: WHEREAS, Sumner & Greener, a Texas General Partnership, hereinafter referred to as “Declarant,” was heretofore the owner of all of that certain property in the County of Dallas, State of Texas, known as CREEKBEND TOWNHOMES and which is more particularly described on the attached Exhibit "A".
WHEREAS, Declarant, while the Owner of the aforesaid Property, executed and recorded that certain Declaration of Covenants, Conditions and Restrictions for Creekbend Townhomes dated November 16, 1982, and recorded among the Deed Records of Dallas County, Texas in Volume 82227, Page 0652, pertaining to the aforesaid Property. .
WHEREAS, by those two certain Supplemental Declarations of Annexation and Merger for Creekbend Townhomes, one of which dated January 18, 1983 and recorded among the Deed Records of
oresaid Property. .
WHEREAS, by those two certain Supplemental Declarations of Annexation and Merger for Creekbend Townhomes, one of which dated January 18, 1983 and recorded among the Deed Records of Dallas County, Texas in Volume 83016, Page 2292, and the other dated August 26, 1983, and recorded among the Deed Records of Dallas County, Texas in Volume 83170, Page 0478, Declarant added certain Property described on Exhibits “B" and "C" hereto, respectively, to the Creekbend Townhome Project, and made such Property subject to the aforesaid Declaration of Covenants, Conditions and Restrictions for Creekbend Townhomes.
WHEREAS, the undersigned, being, in the aggregate, the Owners of not léss than ninety percent (90%) of the Lots, as defined herein, desire to amend the aforesaid Declaration of Covenants, Conditions and Restrictions of Creekbend Townhomes in certain respects.
NOW, THEREFORE, the undersigned hereby declare that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. . These easements, covenants, restrictions and conditions shall run with the real property and be binding on all parties having or acquiring any right, title or interest in the above described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. This First Amended and Restated Declaration of Covenants, Conditions and Restrictions shall supercede and control the aforesaid Declaration dated November 16, 1982.
g6025 1638 ARTICLE TI DEFINITIONS 1.1 ASSOCIATION. "Association" shall mean and. refer
nants, Conditions and Restrictions shall supercede and control the aforesaid Declaration dated November 16, 1982.
g6025 1638 ARTICLE TI DEFINITIONS 1.1 ASSOCIATION. "Association" shall mean and. refer to CREEKBEND HOMEOWNER'S ASSOCIATION, INC., its successors and ' assigns.
1.2 COMMON AREA. "Common Area" shall mean that portion of the property owned by the Association for the common use and enjoyment of the Members of the Association including, but not limited to, all recreational facilities, community facilities, swimming pools, storage facilities, tennis courts, clubhouse, pumps, trees, landscaping, sprinkler systems, pavements, streets, pipes, wires, conduits and other public utility lines situated thereon. The Common Area is more particularly described as follows: The Common Area shall mean and refer to all of the Property save and except the thirty-two (32) numbered Lots or Plots shown on the recorded subdivision Maps or Plats of the Property hereinbefore described on which there is, or will be, constructed a single-family townhouse, 1.2.1 LIMITED COMMON AREAS. Portions of the common areas are set aside and reserved for the exclusive use of the individual owners, such areas being limited common areas. The limited common areas reserved for the exclusive use of the individual townhome owners are the automobile parking spaces.
Such spaces and structures are allocated and assigned by the Declarant to the respective units, as indicated on the plat.
Such limited common areas shall be used in connection with the particular unit, to the exclusion of the use thereof: by the other townhome owners, except by invitation.
1.3 CONSTRUCTION AND SALE PERIOD. “Construction and Sale Period“ shall mean that period of€ time during which
, to the exclusion of the use thereof: by the other townhome owners, except by invitation.
1.3 CONSTRUCTION AND SALE PERIOD. “Construction and Sale Period“ shall mean that period of€ time during which Declarant is developing the Premises and selling the Townhouse Units, which time period shall extend from the date hereof until such time as the Declarant transfers title to all of the Lots.
1.4 CONVERSION DATE. “Conversion Date” shall mean the earlier to occur of the following dates: (i) the date on which the aggregate number of Lots, the title to which is held by Permitted Individuals (as hereinafter defined) is equal to fifty-seven (57), or (ii) the first date on which a Transfer (as hereinafter defined) occurs. For purposes hereof, “Permitted Individuals" shall mean any of the following: (i) an individual who does not own any other Lot or who owns other Lots but which Lots are occupied by a child, grandchild or sibling of such individual; and (ii) any two (2) individuals who are spouses of each other and either do not own, collectively or individually, any other Lot, or own, collectively or individually, other Lots but which Lots are occupied by a child, grandchild or sibling of such spouse. For.
purposes hereof, “Transfer” shall mean any of the following: (A) any sale, transfer, assignment, or other conveyance of any kind whatsoever from Epic of all or any part of any Lot, or any interest therein, to any partnership, joint venture, corporation or other entity, to any person or persons other than Permitted Individuals, or to any trustee for the benefit of any of such entities or groups (“Subject Buyers“); (B) the execution of an installment contract or other contract for deed whereby, upon the payment of a specified sum of mioney, a deed,
he benefit of any of such entities or groups (“Subject Buyers“); (B) the execution of an installment contract or other contract for deed whereby, upon the payment of a specified sum of mioney, a deed, assignment, transfer or other conveyance of a Lot, any part thereof, or any interest therein shall be delivered from Epic to any Subject Buyer or person or entity on behalf of any Subject Buyer; (C) any transfer of ‘any interest in Epic by any persons or entities which are General Partners of Epic on the g6025 1639 date hereof; (D) the date of filing with the Securities and Exchange Commission’of any documents evidencing a resyndication of partnership interests in Epic; (E) the filing by Epic of a petition under any chapter of the Federal Bankruptcy Code or any similar’ law, state or federal, whether now or hereafter existing; or, in any involuntary proceeding ..under. said... Bankruptcy Code or similar law commenced against Epic, the filing by Epic of an answer admitting that it is generally not paying its debts as such debts become due; the failure of Epic to obtain a dismissal of such case within sixty (60) days of its commencement; the conversion of the case from one chapter of said Bankruptcy Code or law to another chapter thereof; the making of Epic as the subject of an order for relief in such case; the appointment of a custodian, as defined in the Federal Bankruptcy Code, for, or the taking of possession by a custodian of, the Lots owned by Epic or substantially all of Epic's property, or the taking by a court of jurisdiction of substantially: all of said property; or the failure to have discharged within a period of ten (10) days any attachment, sequestration, or similar writ levied upon the property of
rt of jurisdiction of substantially: all of said property; or the failure to have discharged within a period of ten (10) days any attachment, sequestration, or similar writ levied upon the property of Epic; and (F) the day immediately preceding the date on which a foreclosure sale of all or any portion of the Lots owned by Epic is conducted, or the date on which a deed in lieu of such foreclosure is delivered.
1.5 EPIC. “Epic" shall mean Epic Associates 85-21, a Virginia limited partnership.
1.6 © LIENHOLDER OF FIRST MORTGAGEE. “Lienholder” . or “First Mortgagee" shall mean the holder of a first mortgage lien on any Townhouse in the development.
1.7 LOT. "Lot" shall mean and refer to those one hundred twelve (112) individual tracts or parcels of land within the existing Property, as shown in the aforesaid Declaration dated November 16, 1982, Supplemental Declaration dated January 18, 1983 and Supplemental Declaration dated August 26, 1983.
1.8 MEMBER, “Member" shall mean and refer to every person or entity who holds membership in the Association, 1.9 OWNER. "Owner" shall mean and refer to the Record Owner, whether one (1) or more persons or entities, of a fee simple title to any Lot which is part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. However, the term “Owner" shall include = any Mortgagee or Lienholder who acquires fee simple title to any Lot which is part of the Property, through a deed in lieu of foreclosure or through judicial or non-judicial foreclosure.
1.10 PROPERTY, PREMISES, OR DEVELOPMENT. “Property” shall mean and refer to that certain real property hereinabove described.
1.11 TOWNHOUSE OR TOWNHOME. “Townhouse” or “Townhome”
udicial foreclosure.
1.10 PROPERTY, PREMISES, OR DEVELOPMENT. “Property” shall mean and refer to that certain real property hereinabove described.
1.11 TOWNHOUSE OR TOWNHOME. “Townhouse” or “Townhome” shall mean a single-family residential unit constructed on a Lot.
ARTICLE II PROPERTY RIGHTS 2.1 OWNER'S EASEMENTS OF ENJOYMENT. Every Owner shall have a right and easement of enjoyment in and to the Common E6025 1640 Area and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: | (a) The cight of the Association to charge reasonable admission and other fees for the use of any recreational or storage facility upon the Common Area; (b) The right of the Association to suspend a Member's voting rights and right to the use of recreational or other facilities owned or operated by the Association for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules’ and regulations; (c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency or authority subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless: (i) an instrument of agreement to. such dedication or transfer, signed by two-thirds (2/3) of each class of Members entitled to vote is Properly recorded, in the Deed Records of Dallas County, Texas, and; (ii) written notice of proposed action under this provision is sent to every Owner. and Lienholder not less than thirty (30) days, nor more than sixty (60) days in advance of any said action.
(d) The right of the Association to limit the number of guests of Members;
t to every Owner. and Lienholder not less than thirty (30) days, nor more than sixty (60) days in advance of any said action.
(d) The right of the Association to limit the number of guests of Members; (e) The right of the Association, in accordance with its Articles and Sy-Laws, to borrow money for the purpose of improving the Common Area and facilities and, subject to the consent of all Lienholders, to mortgage said property; however, the rights under such’ improvement mortgage shall be subordinate and inferior to the rights of the Owners hereunder; ; (f£) The right of the Association to designate excess parking as "guest" parking for the exclusive use of bona fide guests of Owners; (g) The right of the Association.to make rules and regulations relating to traffic flow on street parking and other uses of the streets and drives on the Property.
(h) The right of each owner to the exclusive use of two (2) covered parking spaces as herein provided.
2.2 DELEGATION OF USE. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the property. The Owners hereby covenant that any lease executed on a Lot shall be in writing and contain provisions binding any lessee thereunder to the terms of the restrictions, rules and regulations. applicable to the property, and further providing that non-compliance with the terms of the lease shall be a default thereunder.
€6025 1641 2.3 TITLE TO THE COMMON AREA. The Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the Common Area to the Association, free and clear of all encumbrances and liens. The Common Area
arant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the Common Area to the Association, free and clear of all encumbrances and liens. The Common Area shall remain undivided and shall at all times be owned by the Association or its successors, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with vrespect to the operation and management cE the Common Area. ' 2.4 PARKING RIGHTS. Ownership of each Lot shall include ownership of a carport covering two (2) automobile parking spaces, together with the right of ingress and egress in and upon said parking areas, subject only to any rules and regulations of the Association and the restrictions herein set forth regarding the storage of boats, trailers, campers and unused or inoperable automobiles or other items which the Association may deem unsightly or inappropriate.
ARTICLE ITT MEMBERSHIP AND VOTING RIGHTS 3.1 MEMBERSHIP, Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject, by covenants of record, to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one (1) membership. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Any mortgagee or lienholder who acquires title to any Lot which is a part of the Property, through judicial or non-judicial foreclosures, shall be a member of the Association.
fication for membership. Any mortgagee or lienholder who acquires title to any Lot which is a part of the Property, through judicial or non-judicial foreclosures, shall be a member of the Association.
3.2 CLASSES OF MEMBERS. The Association shall have two (2) classes of voting memberships, as follows: (a) -Class A. Class A Members shall be all Owners other than the following: (i) Epic, (ii) any Subject Buyer (as hereinafter defined), or (iii) any buyer at = any foreclosure sale or by deed in lieu of foreclosure.
(b) Class B. Class B Member shall be Epic, any Subject Buyer, or any buyer at any foreclosure sale or by deed in lieu of foreclosure.
3.3 VOTING RIGHTS PRIOR TO CONVERSION DATE. Prior to the Conversion Date, unit ownership shall entitle the Owner(s) to cast one (1) vote per unit for the Class in which such Owner is a Member. Notwithstanding the foregoing, and for the benefit and protection of the unit owners and any first mortgagees of record and for the sole purpose of insuring a complete and orderly buildout as well as a timely sellout of the project, the Declarant will retain control of and over the Association until the earlier to. occur of (i) 120 days after the sale of seventy-five percent (75%) of the units, including any anmnexations; or (ii) five (5) years following the conveyance of the first unit.
-5ago25 1642 3.4 VOTING RIGHTS FROM AND AFTER CONVERSION DATE.
From and after the Conversion Date, but prior to such time as the aggregate number of Lots owned by Class A Members equals 75, whenever Members are required to vote hereunder, the Members of Class A shall be entitled to vote on any issue or.
matter as a class. In this event, the Members of Class A. shall.
first vote among themselves (with each Class A Member entitled
under, the Members of Class A shall be entitled to vote on any issue or.
matter as a class. In this event, the Members of Class A. shall.
first vote among themselves (with each Class A Member entitled to one vote per unit owned by such Class Member), and, after such vote by Class A Members, Class A shall be deemed to have voted 57 votes in accordance with the majority vote in such preliminary voting and no votes against such majority vote.
Each Class B Member shall be entitled to a number of votes equal to a fraction, the numerator of which shall be equal to the lesser of 55 or the number of Lots owned by all Class B Members and the denominator of which shall be equal to the number of Lots owned by all Class B Members, multiplied by the number of units owned by the Class B Member. From and after the Conversion Date, but after such time as the aggregate number of Lots owned by Class A Members is 75 or greater, each Class A Member and each Class B Member shall be entitled to cast one (1) vote for each Lot owned by such Member.
3.5 “NO CUMULATIVE VOTING. At all meetings of the Owners Association there shall be no cumulative voting.
ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS 4.1 CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyances, is deemed to covenant and agree to pay to the Association: (1) annual assessments of charges, and (2) special assessments for capital improvements, such assessment to be fixed, established and collected as hereinafter provided. The annual and_ “special assessments, together with such interest thereon and costs of
ssments for capital improvements, such assessment to be fixed, established and collected as hereinafter provided. The annual and_ “special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge -on the land and shall be secured by a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless - expressly assumed by them.
4.2 PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Property and in particular for the improvement and maintenance of the Property, the Common Area and services and facilities relating to the use and enjoyment thereof and of the Townhouses situated thereon. Assessments shall include, but are not limited to, funds to cover actual Associaticn costs for all taxes, insurance, repair, replacement and maintenance of the Common Area and exterior maintenance of the Lots or Townhouses as herein authorized or as may from time to time be authorized by the Board of Directors; legal and accounting fees, costs incurred in any condemnation hearing as provided in Paragraph 11.8; any fees for management services; and the cost of other facilities and service activities including, but not limited to, mowing grass, grounds care, sprinkler system, landscaping, swimming pool, recreational building and
ent services; and the cost of other facilities and service activities including, but not limited to, mowing grass, grounds care, sprinkler system, landscaping, swimming pool, recreational building and equipment, roofs and exterior walls and fences of the 96025 1643 Townhouses, and ‘storage facilities, including roofs, garbage pickup areas, water and sewage service furnished to Townhouses by the Association, street maintenance, and other charges required by this First Amended and Restated Declaration of Covenants, Conditions and Restrictions or that the Board of Directors of the Association shall determine to be necessary to meet the primary purpose of the Association, including the establishment and maintenance of a reserve for repair, maintenance, taxes ‘and other charges as specified herein.
4.3 BASIS AND MAXIMUM OF ANNUAL ASSESSMENTS.
; (a) Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Maximum Annual Assessment shall be $1,800.00 per Lot.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Maximum Annual Assessment may be set effective January 1 of each year without a vote of the membership by an amount not to exceed one hundred and ten percent (110%) of the budget of the preceding year.
(c) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner and prior to the Conversion Date, the Maximum Annual Assessment may be set above one hundred and ten percent (110%) only by the written approval of the Owners entitled to cast two-thirds (2/3) of the votes of the members of each class, and, from and after the Conversion Date, only by written approval of the Owners entitled to cast two-thirds (2/3) of the votes.
tled to cast two-thirds (2/3) of the votes of the members of each class, and, from and after the Conversion Date, only by written approval of the Owners entitled to cast two-thirds (2/3) of the votes.
(d) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the Annual Assessment at an amount not in excess of the maximun.
4.4 SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENT. 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 unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have, prior to the Conversion Date, the written approval of the Owners in each class entitled to cast two-thirds (2/3) of the votes of such class and, from and after the Conversion Date, the written approval of the Owners entitled to cast two-thirds (2/3) of the votes.
4.5 NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER PARAGRAPHS 4.3 AND 4.4. Written notice of any meeting called ‘for the purpose of taking any action authorized under Paragraphs 4.3 or 4.4 shall be sent to all members not less than thirty (30) days nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members in each class or of proxies of members in each class entitled to cast sixty percent (60%) of all the votes entitled to be cast by the Members of the Association in such class shall constitute a ‘quorum, If the required quorum is not
embers in each class entitled to cast sixty percent (60%) of all the votes entitled to be cast by the Members of the Association in such class shall constitute a ‘quorum, If the required quorum is not present, another meeting may be called subject to the same notice and quorum requirements. In lieu of a meeting, a door to door canvass may be used to get the written consent of Owners as set forth in Paragraph 4.3 and 4.4.
86025 1644 4.6 UNIFORM RATE OF ASSESSMENT. Both Annual and Special Assessments shall be fixed at a uniform rate for all Lots regardless of location, and shall commence and be due in accordance with the provisions of Paragraph 4.7 hereof.
DATES: THE 4.7 DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE (a) As to each Lot owned by an Owner, other than the Declarant, the Annual Assessment shall commence on the date that such Lot is conveyed by Declarant to Owner.
(b) As long as Declarant maintains control of the Association pursuant to Article ILI, Paragraph 3.3 herein, Declarant shall not be liable for Annual Assessments as set out in Paragraph 4.7a of this Article Iv. However, Declarant shall be responsible for the difference in- the cost of maintenance borne by the Association and _ the Assessments received from the Unit owners other’ than Declarant.
(c) The Annual Assessment shall be due _ and payable in advance by each Owner to the Association in monthly installments.
(da) The Annual Assessment for the first assessment year shall be fixed by the Association prior to the sale of the first Lot to an Owner. Except for the first assessment year, the Association shall fix the amount of the Annual Assessment at least thirty (30) days in advance of each: assessment year, which shall be the calendar year; provided, however, that the Association
, the Association shall fix the amount of the Annual Assessment at least thirty (30) days in advance of each: assessment year, which shall be the calendar year; provided, however, that the Association shall have the right to adjust the Annual Assessment upon thirty (30) days' written notice given to each Owner, as long as any such adjustment does not exceed the maximum permitted hereunder. Written notice of the Annual Assessment shall be sent as soon as is practicable to every Owner subject thereto. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether the Annual and Special Assessments on a specified Lot have been paid and the amount of any delinquency. A reasonable charge may be made by the Association for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any Assessment therein stated to have been paid. .
4.8 EFFECT OF NON PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION.
(a) Affirmative and Independent Obligation to Pay Assessments. All payments of the Assessments shall be made to the Association at its principal place-of business in Dallas County, Texas, or to Centre Property Management, the Managing entity for the project. Payment shall be made in full regardless of whether any Owner has any dispute with the Declarant, the Association, any other Owner or any other person or entity regarding any matter to which this Declaration relates or pertains.
(b) Delinguency. Any Assessment provided for in this Declaration which is not paid when due shall be delinquent. If any such Assessment is not paid within thirty (30) days after the date of delinquency, the Assessment shall bear interest from the date of
eclaration which is not paid when due shall be delinquent. If any such Assessment is not paid within thirty (30) days after the date of delinquency, the Assessment shall bear interest from the date of delinquency, until paid, .at the rate of six percent (6%) 66025 1645 per annum. The Association may, at its option, bring an action at law against the Owner personally obligated to pay the same, or, upon compliance with the notice provisions set forth in Subparagraph "c" of this Paragraph 4.8, foreclose the lien against the Lot, as_ provided in Subparagraph “d" of this Paragraph 4.8. There shall be added to the amount of. such Assessment the late charge, the costs of prepacing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include said interest and a reasonable attorney's fee, together with costs of action. Each Owner vests in the Association or its assigns, the right and power to bring all actions at law or lien foreclosures against such Qwner for the collection of such delinquent Assessments.
Under no circumstances, however, shall the Declarant or the Association be liable to any Owner or to any other person or entity for failure or inability to enforce or attempt to enforce any Assessments. In addition, to the extent permitted by law, Declarant reserves and assigns to the Association, without recourse, a Vendor's Lien against each Lot to secure payment of a common Assessment and Special Assessment which is levied pursuant to the terms hereof.
Such liens may be enforced by appropriate judicial action and the expenses incurred in connection therewith, including interest, costs and reasonable attorneys‘ fees shall be chargeable to the Owner in default.
; (c) Notice of Lien. No action shall be brought
nd the expenses incurred in connection therewith, including interest, costs and reasonable attorneys‘ fees shall be chargeable to the Owner in default.
; (c) Notice of Lien. No action shall be brought to foreclose said Assessment lien or to proceed under the power of sale herein provided less than thirty (30) days after the date a notice of claim of lien is deposited with the postal authority, certified or registered, postage prepaid, to the Owner of said Lot, and a copy thereof is recorded by the Association in the Office of the County Clerk of Dallas County; said notice of claim must cite a good and sufficient legal description of any such Lot, the Record Owner or reputed Owner thereof, the amount claimed (which may, at the Association's option, include interest on the unpaid Assessment at the legal rate, plus reasonable attorney's fees and expenses of collection in connection with the debt secured by said lien), and the name and address of the claimant.
(d) Foreclosure Sale. Any such sale provided for above is to be conducted -in accordance with the provisions applicable to the exercise of powers of sale in mortgages and deeds of trust, as set forth in Article 3810 of the Revised Civil Statutes’ of the State of Texas, or in any other manner permitted by law. Each Owner, by accepting a deed to his Lot, expressly grants to the Association a power of sale, as set forth in said Article 3810, in connection with the Assessment lien, The Association, through duly authorized agents, shall have the power to bid on the Lot at foreclosure sale and to acquire and hold,: lease, mortgage and convey the same.
(e) Curing of Default. Upon the timely curing of any default for which a -notice of claim of lien was filed by the Association, the officers of the Association are
lease, mortgage and convey the same.
(e) Curing of Default. Upon the timely curing of any default for which a -notice of claim of lien was filed by the Association, the officers of the Association are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be determined by the Association but not to exceed Fifteen Dollars ($15.00), to cover the costs of preparing and filing or recording such release.
g6025 1646 (£)° Notice to Mortqagee. Upon written request by a First Mortgagee, the Association shall provide’ the Mortgagee with written notice of any default by the Owner-Mortgagor in the performance’ of such Owner's obligations hereunder, including payment of Assessments, which is not cured within thirty (30) days after default; provided that any such requirement of notice shall not impair or affect any cights or remedies 9f the Association, including exercise of the same, provided for in this Declaration.
{g) Cumulative Remedies. The Assessment lien and the right to foreclosure sale hereunder shall be in addition to and not in substitution for all other rights and remedies which the Association and its successors or assigns may have hereunder and by law, including, a suit to recover a money judgment for unpaid Assessments, as above provided.
4.9 SUBORDINATION OF THE LIEN TO MORTGAGEE. The lien securing the Assessments provided for herein’ shall be subordinate to the lien of any prior recorded first mortgage.
Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure
affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such Assessments as to Payments thereof which become due prior to such sale or transfer, except for its pro-rata share resulting from a reallocation among all Lot Owners. No sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due, according to the terms herein provided.
4.10 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 created herein, except no land or improvements devoted to dwelling use shall be exempt from said Assessments.
4,11 MANAGEMENT AGREEMENTS. Each Owner of a Lot hereby agrees to be bound by the terms and conditions of all management agreements entered into by the Association. All such agreements entered into by the Association shall provide that said management agreement may be canceled with or without cause and without penalty by either party with thirty (30) days' written notice. Such termination will be authorized by majority vote of Members of the Association in each class prior to the Conversion Date, and a two-thirds (2/3) vote of the Members of the Association from and after the Conversion Date.
In no event shall such management agreement be canceled prior to execution by the Association or its Board of Directors of a new management agreement unless the new management agreement will become operative immediately upon the cancellation of the’
nceled prior to execution by the Association or its Board of Directors of a new management agreement unless the new management agreement will become operative immediately upon the cancellation of the’ preceding management agreement. It shall be the duty of the Association or its Board of Directors to effect a new management agreement prior to the expiration of any prior management contract. Any and all management agreements’ shall be for a term not to exceed one (1) year and shall be made with a professional and responsible party or parties with proven Management skills and experience managing a project of this type. The Members of the Association may terminate the professional management of the Property and assume self-management by the Association upon written agreement executed by Members in each class entitled to cast a majority of the votes of such class prior to the Conversion Date, and as per written agreement executed by Members in the Association entitled to cast two-thirds (2/3) of the vote from and after -1066025 {647 the Conversion Date. In such event, notice of such action shall be given all lienholders prior to the effective date of termination.
4.12 INSURANCE REQUIREMENTS.
(a) The Association shall obtain and maintain at all times insurance of the type and “kind provided hereinafter, including such other risks, of a similar or dissimilar nature, as are or shall hereafter customarily be covered with respect to Townhome Units, Common Areas, fixtures, equipment and personal property, similar in construction, design and_ use, issued by responsible insurance companies authorized to do business in the State of Texas, The insurance shall be carried in blanket policy form naming the Association as the insured. In addition,
se, issued by responsible insurance companies authorized to do business in the State of Texas, The insurance shall be carried in blanket policy form naming the Association as the insured. In addition, each policy or policies shall identify the interest of each Owner and shall provide for a standard, noncontributory mortgage clause in favor of each First Mortgagee. Further, the policy shall insure against loss or damage by fire, vandalism, malicious mischief, or such other hazards as are covered under standard extended coverage provisions for the full insurable replacement cost of the Townhome Areas and the Common Areas, and against such other hazards and for such amounts as the Board may deem advisable. Each Owner irrevocably designates ‘the Owners Association, as Attorney-in-Fact, to administer and distribute such proceeds as is elsewhere provided in this Declaration.
Such insurance policy shall also provide that it cannot be cancelled by either the insured or the insurance company until after thirty (30) days prior written notice to each First Mortgagee. The Board of Directors shall, upon request to each First Mortgagee, furnish a certified copy of each blanket policy and a separate certificate identifying the interest of the Mortgagor.
The Association shall in no manner commingle or otherwise mix the insurance required to be maintained ‘hereunder with any insurance purchased by an Owner(s) of a Townhome covered hereby or a Mortgagee of such Townhome.
Additionally, all policies obtained by the Association shall provide that coverage shall not be prejudiced by (i) any act or neglect of the Owners when such act of neglect is not within the control of the Association .or (ii) failure of the Association to comply with any warranty or
shall not be prejudiced by (i) any act or neglect of the Owners when such act of neglect is not within the control of the Association .or (ii) failure of the Association to comply with any warranty or condition with regard to any portion of the Project over which the Association has no control.
(b) The Association shall keep a comprehensive policy or policies of public liability insurance covering the Common Areas of the Project and such policy or policies shall include a "Severability of Interest Endorsement" or equivalent coverage which will preclude the’ insurer from denying the claim of an Owner because of negligent acts by the Association, its Board of Directors or an Owner. Such ~ policy or policies shall be in amounts of not less than One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand Dollars ($300,000.00) per resident and Fifty Thousand Dollars ($50,000.00) property damage, plus an umbrella policy for not less than One Million Dollars ($1,000,000.00) for all claims for personal injury, including death, and/or property damage arising out of a Single occurrence; and the policy shall include water damage liability, liability for non-owned and hired automobiles, liability for property of others and such other coverage as is customarily deemed necessary with respect to projects similar in nature.
-lla6025 1648 (c)" The Association shall keep a _ policy or policies of (i) liability insurance insuring the Board of Directors, Officers and employees of the Association against any claims, losses, liabilities, damages or causes of action arising out of, or in connection with, or resulting from any act done or omission to act by any such person or entities, (ii) workmen's compensation as required
iabilities, damages or causes of action arising out of, or in connection with, or resulting from any act done or omission to act by any such person or entities, (ii) workmen's compensation as required under the laws of the State of Texas, and (iii) such other insurance as deemed reasonable and necessary in order to protect the Project, the Owners and the Association.
(d) The Association shall be responsible’ for obtaining insurance as herein recited. Each Owner may obtain additional insurance at his own expense for his own benefit. Insurance coverage on the furnishings and other items of personal property belonging to an Owner and casualty and public liability insurance coverage within each Townhome are specifically made the responsibility of each Owner, and each Owner must furnish a copy of his insurance policy to the Association.
(e) The Association shall be responsible for obtaining a policy of fidelity coverage to protect against dishonest acts on the part of officers, directors, trustees and employees of the Association and all others who handle or who ace responsible for handling funds of the Association. Such fidelity bonds shall be of a kind and in an amount the Association deems necessary for the protection of the Owners. , (£) Any.insurance obtained by the Association or an Owner shall contain appropriate provisions whereby the insurer waives its right of subrogation as to any claims ‘against the Owners, Association or their respective servants, agents or guests and any defenses based on coinsurance or any pro rata reduction of liability.
(g) Premiums for all such insurance authorized by ‘this Paragraph 4.12 shall be a common expense payable from Property Assessments. Liability and personal property insurance for the contents of Townhouses shall be the
all such insurance authorized by ‘this Paragraph 4.12 shall be a common expense payable from Property Assessments. Liability and personal property insurance for the contents of Townhouses shall be the responsibility of and at the expense of each individual Owner. In the event of damage or destruction by fire or other casualty to any Townhome or property in the Common Area covered by insurance written in the name of the Association, the Board of Directors shall, upon receipt of the insurance proceeds, contract to rebuild or repair such damaged or destroyed portions of the property to their former condition. All such insurance proceeds shall be deposited in a bank or other financial institution in which the accounts are insured by a Federal governmental agency, with the provision agreed to by said bank or institution that such funds may be withdrawn only by signature of at least two-third (2/3) of the members of the Board of ‘Directors, The Board of Directors shall advertise for sealed bids with any licensed contractors, and then may negotiate with any contractor, whe shall be required to provide a full performance and payment bond for the repair, reconstruction or rebuilding of such destroyed Townhome, Townhomes, building or buildings. In the event the insurance proceeds are insufficient to pay all costs of repairing and/or rebuilding to the condition formerly existing, the Board of Directors shall levy as Special Assessment against all Owners, as herein provided, to make up any deficiency.
-12ago25 1643 (h)° Unless at least two-thirds (2/3) of the First Mortgagees (based upon one (1) vote for each First Mortgage owned) or Owners of two-thirds (2/3) of the votes in each class (other than the sponsor, Developer or builder) prior
irds (2/3) of the First Mortgagees (based upon one (1) vote for each First Mortgage owned) or Owners of two-thirds (2/3) of the votes in each class (other than the sponsor, Developer or builder) prior to the Conversion Date, and such Owners of two-thirds (2/3) of the votes from and after the Conversion Date, have given their prior written approval, the Association shall not be entitled to: (1) fail to maintain fire and extended coverage on insurable Townhomes and Common Areas on a Current replacement cost basis in an amount not less than one hundred percent (100%) of the apsurable value (based on current replacement cost); (2) use hazard insurance proceeds for losses to. any Townhome or Common Area for other than the repair, replacement or reconstruction of such Townhome and Common Area.
ARTICLE V ARCHITECTURAL CONTROL 5.1 PHYSICAL RESTRICTIONS. No building, fence, wall or other structure shall be commenced, erected or maintained upon any Lot, or the patio or carport used in connection with any Lot after the purchase of any Lot from Declarant, its successors or assigns, nor shall any exterior addition to or change or alteration. therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same are submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Committee composed of three (3) or more representatives appointed by the Board. In the event said Board or its designated committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it,
oard. In the event said Board or its designated committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this. Article will be deemed to have been fully satisfied. Approval, once given, shall be irrevocable. : Unless at least two-thirds (2/3) of the First Mortgagees (based upon one (1) vote for each First Mortgage owned) or Owners of two-thirds (2/3) of the votes in each class (other than the sponsor, developer or builder) prior to the Conversion Date, and such Owners of two-thirds (2/3) of the votes from and after. the Conversion Date, have given their prior written approval, the PUD Homeowners Association, corporation or trust shall not be entitled to, by act or omission, change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design or the exterior appearance of units, the exterior maintenance of units, the maintenance of the Common Property party walks or common fences and driveways, or the upkeep of lawns and plantings on the premises.
ARTICLE VI MAINTENANCE 6.1 ASSOCIATION RESPONSIBILITIES. In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject’ to -13g6025 1650 assessment hereunder, as follows: paint, repair, replacement and care of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements, Such exterior maintenance shall not include glass surfaces, enclosed patio areas, window and door fixtures and hardware, air conditioning equipment and owners landscaping.
6.2 _ OWNER RESPONSIBILITY. All fixtures and equipment
shall not include glass surfaces, enclosed patio areas, window and door fixtures and hardware, air conditioning equipment and owners landscaping.
6.2 _ OWNER RESPONSIBILITY. All fixtures and equipment installed within a Townhouse, commencing at a point where the utility lines, pipes, wires, conduits or systems enter the exterior walls of a Townhouse, shall be maintained and kept in cepair by the Owner thereof. In addition, all exterior as well as interior air-conditioning systems will be maintained and Kept by the Owner’ thereof. In the event the need for Maintenance or repair of a Lot or the improvements thereon is caused through the willful or negligent acts of the family, guests or invitees of the Owner, the cost of such exterior maintenance shall be added to and become part of the assessment.
to which such Lot is subject.
6.3 AUTHORITY OF ASSOCIATION. In the event an Owner is responsible for certain exterior maintenance, as set forth in Paragraph 6.2, and such Owner shall fail to maintain the premises and improvements in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said Lot and to repair, maintain and restore said Lot and improvements. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject.
ARTICLE VII PARTY WALLS 7.1 GENERAL RULES OF LAW TO APPLY. Each wall which is built as a part of the original construction of the townhouse upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general
f the townhouse upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. if the party wall is on one Lot or another due to an error in construction, such wall shall nevertheless be deemed to be on the dividing line and constitute a party wall for purposes of this Article. Reciprocal easements shall exist upon and in favor of the adjoining townhouse Lots for the maintenance, repair and reconstruction of party walls.
7.2 SHARING OF REPAIR AND MAINTENANCE. The cost of reasonable repair and maintenance of a party wall shall be shared in equal proportions by the Owners who make use of it.
If other Owners thereafter make use of the wall, they shall contribute to the cost of any restoration necessary in proportion to such use, This provision is not intended to prejudice the right of any Owner to call for a large contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.
7.3 WEATHERPROOF ING. Notwithstanding any other provision of this Article, an Owner, who by his negligent or willful act causes the party wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements.
-14a6025 [69 7.4 RIGAT TO CONTRIBUTION RUNS WITH LAND. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.
7.5 _ ARBITRATION. In the event of any dispute arising concerning a party wall, or under the provisions of this
cle shall be appurtenant to the land and shall pass to such Owner's successors in title.
7.5 _ ARBITRATION. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall chocse one (1) arbitratoc. those arbitrators shall in turn choose one (1) additional arbitrator, and the decision shall be by a majority of all of the arbitrators. Should any party refuse to appoint an arbitrator within ten (10) days after written request therefor, the Board of Directors of the Association shall select an arbitrator for the refusing party.
ARTICLE VIIT USE RESTRICTIONS 8.1 RESIDENTIAL USES AND LIMITATIONS. Except for Common Area facilities and as hereinafter set forth, the Property is hereby restricted to residential dwellings for residential use only. The Common Area shall not be used for any commercial purposes; however, this provision shall not preclude the Association from charging reasonable fees for the use of the recreational or storage facilities which are a part of the Common Area. All buildings or structures erected upon said Property, except for the Common Areas, shall be of new construction. No buildings or structures shall be moved fErom other locations onto said Property and no subsequent buildings or structures other than townhouses shall be constructed. No structure of a temporary character, including trailers, motor vehicles, tents, shacks, garages, barns or other outbuildings, shall be used on any portion of said Property at any time as a residence either temporarily or permanently.
Notwithstanding the foregoing, Epic shall have the right to use the approximately 12 foot x 12 foot space presently located in the northeast corner of the clubhouse indicated on Exhibit
r permanently.
Notwithstanding the foregoing, Epic shall have the right to use the approximately 12 foot x 12 foot space presently located in the northeast corner of the clubhouse indicated on Exhibit “D* attached hereto and hereby incorporated herein and made a part hereof for all purposes, as a general business office for purposes of leasing, selling and managing the Lots’) and Townhomes owned by Epic; provided, however: (i) Epic shall construct, in accordance with plans and specifications approved by the Board of Directors of the Association prior to commencement of such construction, an entrance and means of ingress and egress to and from such office from the north exterior wall of such office; (ii) the use by Epic of such office shall be done in a manner so as to avoid any and all unreasonable interference with the use and enjoyment of the clubhouse by Class A Members, including, without limitation, not allowing the use of the refrigerator in the clubhouse for storage of food and beverage by Epic's employees.
8.2 FREEHOLD ESTATE. Each Lot shall be conveyed as a separately designated and legally described freehold estate subject to the terms, conditions and provisions hereof.
8.3 DECLARANT EXEMPTION. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant or Builder of said Townhouses to maintain, during the Construction and Sale period, upon such portion of the premises as Declarant deems necessary, such. facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental -15ago2z25 1652 to the construction and sale of said Townhouses. This shall include, but shall not be limited to, a business office, storage area, construction yards, model units, sales office,
ntal -15ago2z25 1652 to the construction and sale of said Townhouses. This shall include, but shall not be limited to, a business office, storage area, construction yards, model units, sales office, and the placement of any signs deemed necessary for the display of townhome sales. ; 8.4 DOMESTIC ANIMALS. No animals, livestock or poultry of any kind shall be raised, bred or kepk on any of said Lots, except ‘that a reasonable number, consistent with a residence, of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
8.5 SIGNS. No advertising signs, billboards, unsightly objects or nuisances shall be erected; placed or permitted to remain on said Property, nor shall said Property be used in any way or for any purpose which may endanger. the health or unreasonably disturb the Owner of any Townhouse or any resident thereof; provided, however, notwithstanding the foregoing, Epic shall be entitled to erect one (1) sign on or near the exterior of the office described in Section 8.1 above, upon which shall be placed the phrase “Information Office", and two (2) additional directional signs at locations approved by the Board of Directors. Declarant, however, shall have the sole right to erect identifying signs of any size at each entrance to the Subdivision. The Board of Directors reserves the right to approve the design, location and wording of all signs (including, without limitation, the above-described signs which Epic is entitled to erect), and reserves the right to enter in and upon any Lot for the purpose of removing any sign being maintained thereon which has not been approved. No business activities of any kind whatever shall be conducted in
rves the right to enter in and upon any Lot for the purpose of removing any sign being maintained thereon which has not been approved. No business activities of any kind whatever shall be conducted in any building or in any portion of said Property. Provided, however, that the foregoing covenants shall not apply to the business activities, signs and billboards or the construction and maintenance of buildings, if any, of Declarant, its agents and assigns during the Construction and Sale period, or of the Association as incorporated or to be incorporated under the laws of the State of Texas, its successors and assigns, in furtherance of its powers and purposes as herein set forth.
8.6 ‘VISUAL _ CONTROLS. All clotheslines, equipment, service yards or storage piles shall be kept within the patio areas or other screened areas so as to conceal them from view of neighboring Townhouses and streets. All rubbish, trash and garbage shall. be kept in containers within the areas provided with each Townhouse and designated by the Association for collection purposes.
8.7 SPECIFIC USE. Except in the individual patio areas appurtenant to a Townhouse, no planting or gardening shall be done; and no fences, hedges or walls shall be erected or maintained upon said Property except such as are installed in accordance with the initial construction of the buildings located thereon or as approved by the Association's Board of Directors or their designated representative. Except for the right of ingress and egress, the Owners of the Lots are hereby prohibited and restricted from using any of said Property outside the exterior building lines, patio and carport areas, except as herein provided or as may be allowed by the Association's Board of Directors. It is expressly acknowledged
any of said Property outside the exterior building lines, patio and carport areas, except as herein provided or as may be allowed by the Association's Board of Directors. It is expressly acknowledged and agreed by all parties concerned that this paragraph is for the mutual benefit of all Owners of Lots in the Creekbend Townhomes, and is necessary for the protection of said Owners.
-~16g6025 1693 8.8 UNIT FIXTURES AND EQUIPMENT. An Owner shall do no act nor any work that will impair the structural soundness or integrity of another Townhouse or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other Townhouses or their Owners.
8.9 ANTENNAS. Without prior written approval of the Board of Directors; no exterior television or radio antennas of any sort shall be placed, allowed or maintained upon any portion of the improvements upon the Property, nor upon any Structure situated upon the Property other than an aerial from a master antenna system.
8.10 PARKING AND STORAGE AREA RESTRICTIONS. No parking Space on the Property shall, without express permission of the Association, be used for storage of boats, trailers, campers, unused or inoperable automobiles or any other items which the Association deems unsightly or inappropriate. Space for Storage of large items of personal property will be provided by the Association as part of the Common Area facilities and will be available at moderate cost. If such space is not available, the Association shall make such rules and regulations for storage of these items as it deems necessary and in the best interest of all Owners.
8.11 ANNOYANCE. No activity shall be carried on upon any Lot or Common Area which might reasonably be considered as
storage of these items as it deems necessary and in the best interest of all Owners.
8.11 ANNOYANCE. No activity shall be carried on upon any Lot or Common Area which might reasonably be considered as giving annoyance to neighbors of ordinary sensibilities and which might be calculated to reduce the desirability of the Property as a residential neighborhood, even though = such activity is in the nature of a hobby and not carried on for profit. The Board of Directors of the Association shall have the sole and exclusive discretion to determine what constitutes an annoyance.
8.12 NO DISCRIMINATION. No action shall at any time be taken by the Association or its Board of Directors which in any manner would discriminate against any Owner or Owners in favor of the other Owners.
ARTICLE IX EASEMENTS 9.1 ENCROACHMENTS . Each Townhouse and the Property included in the Common Area shall be subject to an easement for minor (one (1) foot or less) encroachments created by construction, settling, overhangs, brick ledges, balconies, fences or other protrusions designed or. constructed by Declarant and for the maintenance (if any) of same, so long as it exists. In the event of multi-family structure containing two (2) or more Townhouse Units is partially or totally destroyed and then rebuilt, the Owners of the Townhouses so affected agree that minor encroachments (one (1) foot or less) onto part o€ the adjacent Townhouse units or Common Areas due to construction or repair shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist. ; 9.2 RESERVATION OF VARIANCE. In the original construction of #$Townhomes upon the Property, Declarant expressly reserves the right, in order to facilitate
t and the maintenance thereof shall exist. ; 9.2 RESERVATION OF VARIANCE. In the original construction of #$Townhomes upon the Property, Declarant expressly reserves the right, in order to facilitate construction and to avoid monotony of design, to extend front or back walls of homes into adjoining common areas and create a -1746025 1654 valid permanent ‘easement for the maintenance of same, and for the repair or rebuilding of such encroaching wall in the event of partial or total damage or destruction thereof. Conveyance of the lot, plot or tract upon which any such Townhome is erected shall, without specific mention thereof, serve as a conveyance of the easement for such encroachment and_ the maintenance thereof shall exist.
9.3 ADDITIONAL EASEMENTS. There is hereby created a blanket easement upon, across, over and under said Property for ingress, egress, installation, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewers, gas, telephones, electricity and a master television antenna system. By virtue of this easement, it shall be expressly permissible for the electric and/or telephone company to erect and maintain the necessary poles and other necessary equipment on said property and to affix. and maintain electric and/or telephone wires, circuits and conduits on, above, across and under the roofs and exterior walls of said Townhouses. An easement is, in addition, specifically granted to the United States Post Office, its agents and employees to enter upon the streets, Common Areas and Lots in the performance of mail delivery or any other United States Post .Office services. An easement is further granted to all police, fire protection, ambulance and all similar persons to
Areas and Lots in the performance of mail delivery or any other United States Post .Office services. An easement is further granted to all police, fire protection, ambulance and all similar persons to enter upon the streets and Common Area in the performance of their duties. Further, an easement is hereby granted to the Association, its officers, agents, employees or any management company duly selected by the Association, to enter in or to ‘Cross over the Common Area and/or any Townhouse to perform the duties of maintenance and repair provided for herein.
Notwithstanding anything to the contrary contained in this Paragraph, no sewers, electrical lines, water lines or other utilities may be installed or relocated on said Property, except as initially programmed and approved by the Declarant or thereafter approved by Declarant or the Association's Board of Directors. Should any utility furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, Declarant shall have the right during the Construction and Sale period to grant such easement on said Property without conflicting with the terms hereof. The easements provided for in this Article IX shall in no way affect any other recorded easement on said premises.
9.4 UNDERGROUND ELECTRIC SERVICE. Underground single phase electric service may be available to all residential Townhouses on the aforesaid Lots and to the facilities to be constructed on the Common Areas, and the metering equipment shall be located on the exterior surfaces of walls at points to be designated by the utility company. For so long as_ such underground service is maintained, the electric service to each Townhouse and the Common Area facility shall be uniform and
alls at points to be designated by the utility company. For so long as_ such underground service is maintained, the electric service to each Townhouse and the Common Area facility shall be uniform and exclusively of the type known as single phase, 120/240 volt, 3 wire, alternating current. Easements for the underground service may be crossed by driveways, walkways and patio areas, provided the Declarant or Builder makes prior arrangements with the utility company furnishing such service. Such easements for the underground service shall be kept clear of all buildings and neither the Declarant nor the utility company using the easement shall be liable for any damage done by either of them or their assigns, their agents or employees to shrubbery, trees, flowers or other improvements of the Owner located on the land covered by said easements.
-~18a6025 1655 . "ARTICLE Xx GENERAL PROVISIONS 10.1 ENFORCEMENT. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all cestrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the srovisions o£ this Declaration, ‘the By-Laws and Articles of Incorporation.
‘Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
10.2 SEVERABILITY. Invalidation of any one (1) of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
10.3 . AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the
force and effect.
10.3 . AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first thirty (30) year period by an instrument signed by the Owners (regardless of class) of not less than ninety. percent (90%) of the Lots now in the development and thereafter by an instrument signed by Owners (regardless of class) of not less’ than seventy-five percent (75%) of the Lots now in the development.
Any amendment must be properly recorded in the Deed Records af Dallas County, Texas. However, notwithstanding the above, any amendment hereto or to the By-Laws or to the Articles of Incorporation hereof (i) to allow the Members to alienate the Common Area, or (ii) to change the ratio of Assessments against Owners as herein provided, or (iii) to abandon or terminate the PUD status must have the approval of all lienholders and all lienholders shall be given notice of any .material amendment.
The Declarant reserves the right during the Sales and Construction period, without joinder or consent of any Owner or Mortgagee, to amend this Declaration or the By-Laws by an instrument in writing duly signed, acknowledged and filed for record, for the purpose of resolving or clarifying any ambiguities or conflicts herein, or correcting any inadvertant misstatements, errors or omissions herein, or to comply with
wledged and filed for record, for the purpose of resolving or clarifying any ambiguities or conflicts herein, or correcting any inadvertant misstatements, errors or omissions herein, or to comply with the requirements of Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Veteran's Administration or Federal Housing Administration, provided that no- such amendment shall change the vested property rights of any Townhome Owner.
10.4 COMMON AREA ALIENATION. Except as to the Owners Association's right to grant easements for utilities and similar or related purposes, the Common Area and facilities may not be alienated, released, transferred or otherwise encumbered without the approval of all holders of first mortgage liens on each Townhouse.
10.5 MORTGAGEE RIGHTS.
a. Upon written request to the Owners Association any holder of a first mortgage lien will be entitled to: (i) inspect the books and -19a6025 1656 records of the Association during normal business hours; (ii) receive annual financial statements, audited and otherwise, within ninety (90) days following the end of the Association's fiscal year and (iii) receive notice of the Association's meetings and designate a representative to attend such meetings.
b. The Association shall immediately reimburse First Mortgagees who may, jointly or singly pay taxes or other charges which are in default and which may or have become a charge against’ the Common Area; or who may pay overdue premiums or hazard insurance coverage on the lapse of a policy on the Common Area. ; c. A First Mortgagee, upon written request, shall be entitled to written notification from the Association of any default in the performance by the individual Owner-Mortgagor of any obligation
Area. ; c. A First Mortgagee, upon written request, shall be entitled to written notification from the Association of any default in the performance by the individual Owner-Mortgagor of any obligation under this Declaration, By-Laws, or rules and regulations promulgated by the Board which is not cured within sixty (60) days.
10.6 LEASES. Any lease agreement between an Owner and a Lessee shall be in writing and provide that the terms of the lease are subject to the provisions of this Declaration, By-Laws and Articles of Incorporation, and any violation of any provision of said documents will be a default under the terms of the lease. . : 10.7 SUBSTANTIAL TAKING OR DESTRUCTION. Any holder of a First Mortgage Lien will be entitled to timely written notice of substantial damage to or destruction of any Unit or any part of the Common Area.
10.8 CONDEMNATION. If all or any part of the Property is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), the Association and each Owner shall be entitled to participate in proceedings incident thereto at their respective expense. The Association shall give timely written notice of the existence of such proceedings to all Owners and to all First Mortgagees known to the Association to have an interest in any Unit. The expense of participation in such proceedings by the Association will be borne by the Common Fund. The Association is specifically authorized to obtain and pay for such assistance Erom attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. All
appraisers, architects, engineers, expert witnesses and other persons as the Association in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. All damages or awards for such taking shall be deposited with the Association, and such damages or awards shall be applied as provided herein. In the event that an action in eminent domain is brought to condemn a portion of the Common Area, the Association, in addition to the general powers set out herein, shall have the sole authority to determine whether to defend or resist any such proceeding, to make any settlement with respect thereto, or to convey such Property to the condemning authority in lieu of such condemnation proceeding. With respect to any such taking, all = damages and awards shall be determined for such taking as a whole and not for each Owner's interest therein, After the damages or awards for such taking are determined, such damages or awards shall be paid to the account of each Owner and First Mortgagee, if any, as their interests -20aeo25 1657 May appear. The Association, if it deems advisable, may call a meeting of the Owners, at which meeting the Owners, by a majority vote of each class, shall decide whether to replace or restore as far as possible the Common Area so taken or damaged. In the event it is determined that such Common Area should be replaced or restored by obtaining other. land of.
building additional structures, this Declaration and the Map attached hereto shall be duly amended. by instrument executed by the Association on behalf of the Owners.
10.9 GENDER AND GRAMMAR. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the
on on behalf of the Owners.
10.9 GENDER AND GRAMMAR. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the Provisions hereof apply either to corporations or individuals, men or women, in all cases shall be assumed as though fully expressed in each case, IN WITNESS WHEREOF, the undersigned have hereto set their respective hands, effective this day of ’ 1985.
-21g6025 1658 EPIC ASSOCIATES 85=21 ; a Virginia limited Partnership BY: EQUITY ASSOCIATE INVHSTOR, LTD.
Its Vice President STATE OF VIRGINIA ) COUNTY OF FAIRFAX } This instrument was acknowledged before me on the 24th day of July 1985, by Barbara A. McKinney, Vice President of EQUITY ASSOCIATE INVESTOR, LTD., the General Partner of Epic Associates partnership.
lat Nota Public Name print Notary'’s Commission Expires: —fMijas ago25 1659 " Signature Page " Liefsetn a (Signature) @ (Signature) (Signature) STATE OF TEXAS ) ) COUNTY OF DALLAS) day of . (La hewn + .
Public, State of Texas THIA A. LLGES | Notary Public Name (print) Notary's Commission Expires: 1yO7W “22-6025 = 660 " Signature Page " (2821 Byprlita pa Line (Townhome Street Address) (Signature) —— oo (Signature) EEE (Signature) STATE OF TEXAS —w COUNTY OF DALLAS ) h This-instrument was acknowledged ,before n the [5 day of , 19. 5, by .
ublic, State of Texas petite fer fags, YN THI 4. foes Se Cr , Notary Public Name (print) ee Notary's Commission Expires: ty3o7wWw -22E6025 I66] "Signature Page (2323 Wosdhand Ct Lunes ames) (Townhome Street Address) (Signature) 2° (Signature) “ (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the 1}
Signature Page (2323 Wosdhand Ct Lunes ames) (Townhome Street Address) (Signature) 2° (Signature) “ (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the 1} day of stuly , 1995, by Dennr is Simonette and Charon Simonetta .
Notary Public, State of = Oavid B. Dietz Notary Public Name (print) Notary’s Commission Expires: T-aQti-?D) teotw -22P6025 1662 " Signature Page (Signature) (Townhome Street Addres (Signature) (Signature) STATE OF TEXAS ) ) COUNTY OF DALLAS ) ‘ This_instrument was acknowledgedybefore me on th ; 30% day of 7 i fags , 19_f5, by .
of Texas State wee Notary Public, ans foe _ . Notary Public Name (print) | ns a So Notary’s Commission Expires: thy vebeneene, 19FO7TW -2286025 1663 " Signature Page " (Townhome Street Addrégs) . ignature) Maa € Ml Lessasgy ] (Signature) (Signature) STATE OF [4 A4 county oF Lchi fy This_instrument was acknowledge befpre me on the 8 day of Qos , 19 Qs . by ik : ) ) ) : Notary Public Name (print) .
Notary's Commission Expires: -{2-§9s Leotw 12832 WOODEHD CT.
" Signature Page (Townhom ‘Street Address) TS SEAPROF “7eala_- ) AM ee, . 7 73 - i 4 sen eneae tee . 1% . l <7 on 4 Noe kom ot ; if : aa Meee has county oF A4aAALg ) This instrument was day of ’ 1907W Livin lo (Siggature) (Signature) (Signature) acknowledged,,before me, on the ond.
19k5, by — Hedley beatae Batty J. rnett Notary Public, State of bygg/ PareiciAa fOr TERVIK, Notary Public Name (print) Notary'’s Commission Expires: 7k té -22- 86025 1665 " Signature Page 12-336 Woedhowd Coarl - (Townhome Street Address) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the 19
1665 " Signature Page 12-336 Woedhowd Coarl - (Townhome Street Address) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the 19 ’ day of Tuhy , 1199S, by Pebherr mh GoodsrdQ aw Petar §. @ rat V7) a Notary Public, State of Texas” ee * TA Te “ent De lta Weld ew : Pan : eee Ok Notary’s Commission Expires: — at 1IyO7TW -~22€6025 1666 Ww " Signature Page 12847 Burninglog Lane (Townhome Street Address) @ (Signature) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledg d before _meon, the Gi day of sul 1 19 ¥4, by - .
A Not State of Texas MARY LEVANT, Notary Pubtic In and for the State of Texas My commission expires WAVL9 Norany eupees Mame eee Notary's Commission Expires: 1eo7Ww “72- 86025 1667 " Signature Page " lassi Burning Log Lane tat lle (Townhome Street Address) (Signature) @ (Signature) (Signature) STATE OF TEXAS } COUNTY OF DALLAS ) +h This instrument was acknowledged before me on the 13 ; day of July , 1985, by Carel Sta Notary Public, State ty David B Ovete Notary Public Name (print) Notary's Commission Expires: T-al-?% 7 14o7w ~22a6025 1668 " Signature Page " 12903 Burunceoe lane (Townhome Street Address) (Signature) @ (Signature) (Signature) STATE OF TEXAS ) COUNTY OF .DALLAS ) day of { pry , 1995, by (epee hot ect : ; Phuis ¢ Mamreer Salinas — he Notary? Public, State of Texas i Mis see ; + Ay Sb cs ’ Notary Public Name (print) re ars Notary's Commission Expires: 190 7W -22- -g6025 1669 " Signature Page " (29405 Woodbhend Lane (Townhome Street Address) (Signature) a YY /( Signature) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledged before me on th 14th
" Signature Page " (29405 Woodbhend Lane (Townhome Street Address) (Signature) a YY /( Signature) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledged before me on th 14th day of _Ju Ly , 1995, by Dennis Simonetta ard Sharon Simonetta , Notary Public, State ae ee RT ey . “. Ma, i’ fre tt Notary Public Name (print) a Doo Notary’s Commission Expires: @ 7-21-87 reo7w -226025 1670 " Signature Page [7 414 LJoabdhend Lave (Townhome Street Address) r (Signature) .
(Signature) (Signature) STATE OF TEXAS ) os, ges ca “ .
COUNTY OF DALLAS ) This instrument was acknowledged before me on ghet-3 SS day of ww aa Shu » 19SeS, by yesh tee le ay Notary Public Name (print) Notary's Commission Expires: 1907W “96025 «1671 Wt " Signature Page [29233 loorsBeuts tue Ol La. ou (Townhome Street Address) @ (Signature) (Signature) STATE OF TEXAS ww COUNTY OF DALLAS ) This jpstrument was acknowledged, beforejme on the L7 day of Ua “ , 19 £6", by y : Notary Publi State Texas | : KBtre Me revey Notary Public Name (print) At Notary’s Commission Expires: 190 7W “2 -g6025 «1672 " Signature Page 194A BurwrnGdoe (Townhome Street Address) (Sign4#ure) c .
@ (Signature) (Signature) STATE OF TEXAS ww COUNTY OF DALLAS ) This instryment was acknowledged before me on the aia f Notary Public, State of a avid B. let.
Notary Public Name (print) Notary's Commission Expires: 1?70O7W “246025 «1673 " Signature Page " 1927 Woodhend Lane (Townhome Street Address) (Signature) ZL ft?
@ (Signature) (Signature) STATE OF TEXAS ) ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the !
day of Tualy , 19 aq, by Yip “Honnington .
Notary Public, Sta of Texas Notary Public Name rint)
) (Signature) STATE OF TEXAS ) ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the !
day of Tualy , 19 aq, by Yip “Honnington .
Notary Public, Sta of Texas Notary Public Name rint) Notary's Commission Expires: lal ju l3g | 1¢a7w -22- 86025 (674 w " Signature Page 13903 Burning Log Lang (Townhome Street Address) (Signature) ‘STATE OF TEXAS ) COUNTY OF DALLAS } Loos +h This instrument was acknowledged before me, on th 23 day of Tul , 19 88, by George +t Mari Lyin eto. : ap Notary Public, State of _ David 8 Dietz Notary Public Name (print) Notary's Commission Expires: e oe 7-R1-¥7 190 7W -22€6025 1675 U " Signature Page [4005 (Woodbend honee (Townhome Street Address) (Signature) gnature) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This ingtrument was acknowledged before me on day of la , 19257, by i Vue , pp Loe Notary’Public, State o@ Texas Notary Public Name (print) Notary’s Commission Expires: 19O7W “22- 96025 1676 " Signature Page " (Townhome Street Addre (Signature) (Signature) (Signature) STATE OF TEXAS ) ) COUNTY OF DALLAS ) Th¥S ‘instrument was acknowledged on the 1k day of , 19 by State of Texas ao —_—— .
. oy. e a . Notary Public Naffe (print) ae j . Notary's Commission Expires: aoe 1g07W -2286025 1677 " Signature Page " 1300% Wordband Lane r¢ Townhome Street Address) r (Signature) . (Signature) STATE OF TEXAS ) ) COUNTY OF DALLAS } | +h This Ans rument was acknowledged befpre me on the 3 day of _ Jy y , 1935, by J. Reebard Sanders .
Sand Z. be, : Notary Public, State of Texas Da vid B Orete Notary Public Name (print) Notary’s Commission Expires: 1g9O07TW -22ago25 1678 " Signature Page " OIF bara ae (Townhome Street Address) Vv (Signature) @ (Signature) i (Signature) STATE OF TEXAS
blic Name (print) Notary’s Commission Expires: 1g9O07TW -22ago25 1678 " Signature Page " OIF bara ae (Townhome Street Address) Vv (Signature) @ (Signature) i (Signature) STATE OF TEXAS COUNTY OF DALLAS day of , 19f4, by ) .
wee a Notary//Public, State o . Texas eis . = , Notary Public Ndme (print) Ts Notary's Commission Expires: , ey boas . “ - 19gOo7W 7786025 1679 ' " Signature Page ' 1304 2 Le bED Lime (Townhome Street Address) (Signature) STATE OF TEXAS ) ) COUNTY OF DALLAS ) Notary Public, State of Texas —_— ' A. ¢ Notary Public Name (print) Notary's Commission Expires: 3 2h K t9O7W 2- 96025 1680 " Signature Page [302% Weel, (Townhome Street Address) (Signature) rd (Signature) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was wee be ae be $f nthe 7 a Notary's Commission Expires: 1907W -22a6o25 1681 W " Signature Page [3024 Uput bens. Leu (Townhome Street Address) (Signature) @ (Signature) (Signature) STATE OF TEXAS ) TRAVIS ) COUNTY OF -BAEGAS- ) This instrument was acknowledged before me on the 10th .
day of July , 1985, by _ Victoria Loredo Oe otary Public, State of Texas Lawana McDaniel Notary Public Name (print) Notary's Commission Expires: January 13, 198 1yoTWw " " Signature Page (3927 Wordburd Lane (Townhome Street Address) r ) ' (Signature) (Signature) STATE OF TEXAS - ) ) COUNTY OF DALLAS ) _ yh This instrument was acknowledged before me,on the day of _ ju ly , 1925, by Aire A. Escobedo and Armands Es cobedo.
Notary Public, State ce David B. Dietz Notary Public Name (print) Notary's Commission Expires: ee : 7-21-27 1907W -2296025. 1683 " Signature Page " (3044 Woedbend Lane Pallas, (4 76243
ds Es cobedo.
Notary Public, State ce David B. Dietz Notary Public Name (print) Notary's Commission Expires: ee : 7-21-27 1907W -2296025. 1683 " Signature Page " (3044 Woedbend Lane Pallas, (4 76243 (Townhome Street Address) (Signature) (Signature) STATE OF TEXAS COUNTY OF DALLAS ) This instrument was acknowledged before me on the Sth Cc.
ea) .
&R + Notary Public, State of Texas om . Sanaea G. Fa RLAN ‘ Notary Public Name (print) Notary's Commission Expires: 19o07W “72 46025 1684 “ Signature Page (Townhome Street Address) (Signature) STATE OF TEXAS COUNTY OF DALLAS This. instrument was acknowledged before me on th /08 a, Notar# Public, State of Texas . efel . 7 yn ray ° “ ; oan *, : (FoF a C A wD wo Ee ‘ Notary Public Name (print) a oN ae Notary's Commission Expires: 1ooTWw 72" 46025 1685 [311A Woocdlink Kane (Townhome Street Address) STATE OF TEXAS COUNTY OF DALLAS day of ,907W — " Signature Page " (Signature) nsftrument was acknowledge e me on the q ?
of Texas Mary Osman Notary Public Name (print) Notary‘s Commission Expires: All [Ele 2" €6025 1686 " Signature Page " 1311S Burning Coy Lan, (Townhome Street Address (Signature) STATE OF TEXAS ) ) COUNTY OF DALLAS _) . . Hh This instrument was acknowledged before me on the 29 day of July , 19 3¢, by andy Moore, and Lugh Clinton ee Notary Public, State of _ Notary Public Name (print) Notary's Commission Expires: e | Tal 87 1go7Tw -22E6025 1687 " Signature Page " (Townhome Street Address) @ (Signature) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) » wigs This instrument was acknowledged Refine. me on the ; day of _ Our , 1985, by Sohn We AT Notary Public, State of Texas * Notary Public Name (pring) * molt
re) STATE OF TEXAS ) COUNTY OF DALLAS ) » wigs This instrument was acknowledged Refine. me on the ; day of _ Our , 1985, by Sohn We AT Notary Public, State of Texas * Notary Public Name (pring) * molt l1sgo7Tw 13 [4s Buraing Log Lane (Townhome Street Address) STATE OF TEXAS COUNTY OF DALLAS " Signature Page it (Signature) (Signature) This instrument was acknowledged before me on the qth day of July , 1935, by 19a07W Notary Public, State David B. Dietz Notary Public Name (print) Notary's Commission Expires: T-al-37 -22£6025 1689 " Signature Page " [B/$2V Brains los hy. ck (KE (Townhome Street Addregs) .
(Signature) @ (Signature) (Signature) STATE OF TEXAS —~ COUNTY OF DALLAS ) This instrument was acknowledge efore me on the ‘4 day of , 19987, by dé ——* we ees ® .
t ‘y as ? ey otary Public, State of Texas . ; VANESSA BATES ; toy AE : Comm. Exp: 2-187, an a Notary Public Name (print) CE Notary's Commission Expires: @ VANESSA BATES Comm: Exp: 2-11-8% 1FQO7TW 722 €6025 1690 "Signature Page " 13156 Burning Log lane \ : (Townhome Street Addréss) (Signature) e (Signature) (Signature) STATE OF TEXAS ww COUNTY OF DALLAS ) e 137 This instrument was acknowledged before me on th day of al , 19 2S, by vid Cormel Notary Public, State of T ‘ a David B. Diete f= “p95 Notary Public Name (print) Notary's Commission Expires: e | 7-21-37 19O7W -~22€6025 1691 " Signature Page " {220 7 LUo0d bend Lang Fueling; (Townhome Street Address) (Signatyye) @ (Signature) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) Thi nstrument was acknowledged before me, on ,the [Aw day of ( jal , 19 85, by Asai lath sa .
™s uf / Se , Notary Public Nafie (print) “le, “f Notary’s Commission Expires: J-IA-I§ | 190 7W -22€6025 1692 so : " Signature Page " Lard 2.
(Signature)
e [Aw day of ( jal , 19 85, by Asai lath sa .
™s uf / Se , Notary Public Nafie (print) “le, “f Notary’s Commission Expires: J-IA-I§ | 190 7W -22€6025 1692 so : " Signature Page " Lard 2.
(Signature) T (Signature) 13224 Woodband Lane (Townhome Street Address) (Signature) STATE OF TEXAS ) COUNTY OF DALLAS ) This ipstrument was acknowledged ate me on the Joh day of , 1985, by ET.
Seng, 6 5. Beaoes— pM Notary Public, State of Texas ON ee SEAM) SS. BRYA 1ST an sow, . Notary Public Name’ (print) Notary's Commission Expires: tI9QOQT7TW -~22E6025 1693 ee, EXHIBIT "A* sn | —— meee oe e WHEREAS, SUMNER & GREENER, a. Texas General Partnership, is the owner of a tract of land situated in the James FP. Jackson Survey, Abstract No. 700, and being part. of the B. FP. Hall Survey, Abstract No. 660 in Block No. 8422 an addition to the City of Dallas, Dallas County, Texas, and being part” of the property conveyed to Ollie Lucile Chick and to Charles Roy Chick by. deed recorded in Volume 754, Page 279, and Volume 1305, Page 596, of the Deed Records of Dallas County, Texas, and being described more particularly as follows: a BEGINNING at a steel nail on the East line of Abrams Road, 25.0 feet East of its centerline on the. most Northerly line of said Chick property, and at the Southwest. corner of Richland Junior College an addition to the City of Dallas, Dallas County, Texas, according ‘to the plat thereof recorded in Volume 70073,” Page 1600, of said Deed. Records; ae ; THENCE N89°56'00"E, along the dividing line between: said Chick North line and South line of said Richland Junior College addition a distance of. 440.07 feet to a point for corner; rn THENCE S17°35'48"E, a distance of 137.24 feet to a point for corner; ; ‘ re
hick North line and South line of said Richland Junior College addition a distance of. 440.07 feet to a point for corner; rn THENCE S17°35'48"E, a distance of 137.24 feet to a point for corner; ; ‘ re THENCE 544°04'O3"W, "a distance of 69.05" feet’ to a point for corner; THENCE S00°0S'0O0"E, a distance of -182.99 feet to a. point for corner; om oe be bate an 7 aaa oe THENCE $89°55'00"W, a distance of 350.0 feet to a point for corner; THENCE N00°18'30"W, a distance of 408.0 feet to the PLACE OF BEGINNING and containing 4.09 acres of land.
CREEKBEND CLUBHOUSE PHASE I BEING a tract or parcel of land situated in the James F. Jackson Survey, Abstract No. 700, and lying in the City, Block. No. 8422, City of Dallas, DallassCounty,, Texas, and -heing, part of the property conveyed tc Ollie Lucile Chick and Charles ‘Roy Chick by Deed recorded in Volume 754, Page 279, and Volume 1305, Page 596, of the Deed Records of Dallas County, Texas, and being part of Lot 1, Block P/8422 of Creekbend Apartments an addition. to the City of Dallas, recorded in Volume 81127, Page 1432, of the Plat Records of Dallas County, Texas, and being more particularly described as follows: : obi, BEGINNING at a point of the Northeast corner of the herein above mentioned Lot 1, Block F/8422} THENCE S89°55'00"W,. 643.26 feet to the POINT OF BEGINNING; : THENCE S89°55'00"W, a distance of 3.92 feet to a point for corner; THENCE S00°17'00"E, a distance of 47.87 feet to a point for corner; THENCE 5S60°33'40°W, a distance of 100.99 feet to a point for corner} — , Lo THENCE N30°02'47°W, a distance of 157.07 feet to a point for a corner on the center of Burninglog Lane; ‘, THENCE N59°55'QO"E, along the center of Burninglog Lane a distance of 122.59 feet to a point for corner; 7
'47°W, a distance of 157.07 feet to a point for a corner on the center of Burninglog Lane; ‘, THENCE N59°55'QO"E, along the center of Burninglog Lane a distance of 122.59 feet to a point for corner; 7 THENCE N89°55'00"E, a distance of 64.06 feet to a point for corner; THENCE $00°0S'00"E, a distance of 100.0 feet to the POINT OF BEGINNING and containing 22,458.859 square feet of 0.515 acres of land.
AANIS ASL CREEKBEND TOWNHOMES ~ PHASE It LEGAL DESCRIPTION EXHIBIT “B* .
‘BEING a tract or parcel of land situated in the City of Dallas, Dallas County, ‘Texas; and being part of the James Fi. Jackson Survey, Abstract 700; and being part of Block 8422 of \Creekbend Townhomes, an Addition to the City of Dallas as recorded in “Volume 81127, Page 1441, of the Deed Records of Dallas County, Texas; and being more particularly described as follows).
BEGINNING at a 1/2 inch iron rod for corner in the ‘North line of said Addition and said Block, said point being«North 89 degrees 56 minutes 00 seconds East a distance of 415.07 feet from the East line of Abrams Road (100 feet wide) . “and the Northwest: corner of said Block; THENCE North 89 degrees 56 minutes 00 seconds East, “along the North line of said Addition and said Block, a. distance of 320.95 feet to a 1/2 inch iron rod for corner; ; THENCE South 30 degrees 05 minutes 00 seconds East a’ “distance of 178. 03 feet to a chisel mark for corner; THENCE North 74 degrees 55 minutes 00 seconds East a. distance of 51.76 feet to a chisel mark for corner; m THENCE North 89 degrees 55 minutes 00 seconds East a distance of 29.42 feet to a chisel mark for corner; THENCE South 00 degrees 05 minutes 00 seconds East a distance of 113.67 feet -to a chisel mark for corner; THENCE North 86 degrees 02 minutes 53 seconds East a distance
et to a chisel mark for corner; THENCE South 00 degrees 05 minutes 00 seconds East a distance of 113.67 feet -to a chisel mark for corner; THENCE North 86 degrees 02 minutes 53 seconds East a distance of 8.31 feet to a chisel mark for corner; : THENCE South 00 degrees 05 minutes 00 seconds East a. distance of 122.88 feet to a 1/2 inch iron. rod for corner in the South line of said Addition; . 3 THENCE South 89 degrees 55 minutes 00 seconds West, - “S10ng the South line of said Addition, a distance of 10.00 feet: to a 1/2 inch iron rod-for- corner;----..- —THENCE North 00 degrees 05 minutes 00 seconds West, along’ the South line of said Addition, a distance of 100, 00 feet. to a 1/2 inch iron rod for corner; ae THENCE South 89 degrees 55 minutes 00 seconds West, “along the South line of said Addition, a distance of 64.06 feet to a chisel mark for corner; ° e THENCE South 59 degrees 55 minutes 00 seconds West, ‘along the South line of said Addition, a distance of 137.81 feet to a chisel mark for corner. and the beginning of a curve to the right; : THENCE along a curve to the right, along the South line of said Addition, having a radius of 150.00 feet, a central ‘angle of 030 degrees 00 minutes 00 seconds, an arc length of 78.54 feet, and a chord which bears South 74 degrees 55 minutes 00 seconds West to a chisel mark for corner and the end of said curve to the right; .
THENCE South 89 degrees. 55 minutes 00 seconds ‘West, along the South line of said Addition, a distance of 233.41 feet to a €6025 1695 THENCE North 00 degrees 05 minutes 00 seconds West 2 of 182.99 feet to a chisel mark for corner} “oe THENCE North 41 degrees 04 minutes 03 seconds Bast a° distance of 69.05 feet to a chisel mark for corner; . i.
h 00 degrees 05 minutes 00 seconds West 2 of 182.99 feet to a chisel mark for corner} “oe THENCE North 41 degrees 04 minutes 03 seconds Bast a° distance of 69.05 feet to a chisel mark for corner; . i.
THENCE North 17 degrees 35 minutes 48 seconds West re atetance of 137.24. feet to -the- POINT. .OF BEGINNING,- and “containing 146,068 square feet or 3.3533 acres of land, more or less.
vrva . a a een Ae riper! Pe Me Me ..
ets E602% 1696 LEGAL DESCRIPTION CREEKBEND TOWNHOMES ~ PHASE III EXHIBIT °C" STATE OF TEXAS S COUNTY OF DALLAS = § BEING a tract of land situated in the City of Dallas, Dallas County, Texas, and being part of the James F. Jackson: Survey, Abstract No. 700, and being part of Block 8422, of #}CREEKBEND TOWNHOMES, an Addition to the City of Dallas, Dallas. County, Texas, and being more particularly described as follows: BEGINNING at a point being the Northeast Corner of Lot. 1, Block F/8422, of CREEKBEND APARTMENTS, an Addition: to the’ City of Dallas, recorded in Volume 81127, Page 1432, of the Plat Records of Dallas County, Texas, and being the Southeast corner of CREEKBEND TOWNHOMES; .
' THENCE S89°S5'00"W a distance of 633. 26 feet to a point for - corner; a THENCE NOO*05'00"H - a distance of 122.88 feet to a point that intersects a curve to the left having a chord - bearing of $86°O2'46"W and a chord distance of 8.30 feet; THENCE along said curve to the left having a radius: of 150.0 feet and a central angle of 3°10'27" an arc distance | "of 8.31 feet to a point for corner; a THENCE N0O°05'00"W a distance of 113.69 feet to a pointy 3 THENCE S89°55'00"W a distance of 3.0 feet to a point) a THENCE NOO*0S'00"W a distance of 140.71 feet to a point; THENCE N89°56'O00"E a distance of 240.04 feet to a point;
of 113.69 feet to a pointy 3 THENCE S89°55'00"W a distance of 3.0 feet to a point) a THENCE NOO*0S'00"W a distance of 140.71 feet to a point; THENCE N89°56'O00"E a distance of 240.04 feet to a point; THENCE N89°52'25"E a distance of 280.29 feet to a point) THENCE S02°57'48°W a distance of 186.63 feet to a pointy THENCE $63°46'47°E a distance of 124.70 feet to a pointy THENCE S09°28'11"E a distance of 137.08 feet to the POINT OF BEGINNING and containing 211,214.01 square feet-or 4.848 acres of land.
.. NUL) seem: biy o66025 1697 83170 chet EXHIBIT " D_" LOCATION OF EPIC LEASING OFFICE ener + we r TINY EPIC LEASING OFFICE (APPRX. 12’ X 12°) uw Sn oad 4 fy) Cad ee. 66025 1698 CREZRBEND POVIEOMES - Pans ‘BEING a tract or parcel of land situated in the City of Dallas, Dallas County, Texas; and being part of the James F, Jackson Survey, Abstract 700; and being part of Block 8422 of Craekbend Townhomes, an Addition to the City of Dallas az recorded in Volume 81127, Page ld4dl, of tha Deed Racords of Dallas 5 CounRY, Texas; and being more particularly described a3 follows BEGINNING at-.a 1/2 ineh iron rod for corner in tha ‘North line of said Addition and said Block, said rceint being..North af degrees 56 minutes 00 seconds East a-distanea of 415.07 feet from the East line of Abrams Road (100 feet: wide). and the Northwest corner of said Block; , THENCE North 89 degrees 56 minutes 00 seconds Zast, ‘along the North line of said Addition and said Block, a distance of 320.95 feet to a 1/2 inch iron rod for cornar) THENCZ South 30 degrees 05 minutes 00 saconds East a distance of 173.03 fest to a chisal mark Zor corner; : THENCZ North 74 degrees 55 minutes 00 saconds Bast a, distance of 51.76 feet to a chisel mark for corner;
30 degrees 05 minutes 00 saconds East a distance of 173.03 fest to a chisal mark Zor corner; : THENCZ North 74 degrees 55 minutes 00 saconds Bast a, distance of 51.76 feet to a chisel mark for corner; THENCE North 89 degrees 55 minutes 00 seconds Zast a distance of 29,42 feet to a chisel mark for corner; TRENCE South 00 degrees 05 minutes 00 seconds East a distance of 113.67 feet to a chisel mark for corner; THENCE North 86 degrees 02 minutes 53 seconds East a distance of 8.31 feet to a chisel mark for corner; THENCE South 00 degrees 65 minutes 00 seconds East a distance of 122.88 feet to a 1/2 inch iron. rod for corner in phe Souty line of said Addition; THENCE South 89 degrees 55 minutes 00 seconds West, . “S10ng the South line of said Addition, a distance of 10.00 feet to a l/' inch iron rod:for- cornerjy:--- - --THENCE North 00 deareee 05 minutes 00 seconds West, elong’ the South line of said Addition, a distance of 100.00 feet.to a 1/' inch fron rod for corner; . “Te THENCE South 89 degrees 55 minutes 00 seconds West, “along tn South line of said Addition, a distance of 64.06 feat to chisel mark for corner} THENCE South 59 degrees 55 minutes 00 seconds West, along th South line of said Addition, a distance of 137.€2 feet te chisel mark for corner and the beginning of a curve te th right; THENCE along a curve to the right, along the South line of sai Addition, having a radius of 150.00 feet, a central ‘angle o 030 degrees 00 minutes 00 seconds, an arc length of 78.54 feet and a chord which bears South 74 degrees 55 minutes 00 second West to a chisel mark for corner and the end of said curve ¢t the right; .
THENCE South 89 degrees 55 minutes 00 seconds West, along th South line of said Addition, a distance of 233.41 feet to chisel mark for corner; aqso25 I?l?
oe
and the end of said curve ¢t the right; .
THENCE South 89 degrees 55 minutes 00 seconds West, along th South line of said Addition, a distance of 233.41 feet to chisel mark for corner; aqso25 I?l?
oe Morin OO dearaes 65 minutes Of seconds Mast a, distancs 299 gaat tO & CHASGL MET. BSL con : SEIMOS oF Sa THENCE North 41 degrees O14 minutes 03 seconds Bast 2a discanse of 69.05 feet to a chisel mark for corner; , THENCE North 17 degrees 35 minutes 48 seconds West a distance of 137.24 feet to the POINT -OF BEGINNING, and containing 146,068 square feet or 3,3533 acres of land, more or lass.
Ney ~ co a6025 Wight PHASE Tit EXHIBIT A" STATE OF: TEXAS 5 a COUNTY OF DALLAS 3 , BEING a tract oZ land aituated in tha City og paties; Dalla3 County, Texas, and being part of ths James 7. Jackson Survey, Abstract No, 706, and being part of Block 8422, of ¢ CREZKBEND TOWNHOMES, an Addition to the City of Dallas, Dallas County, Texas, and being more particularly daseribead az followa: BEGINNING at a point being tha Northeast’ Cornar of Lot 1, Bleck F/8422, of CREEXBEND APARTMENTS, an Addition to tha City o2 Dallas, recorded in Volume $1127, Pago 1.532, of. tha Plat Records of Dallas County, Texas, and baing tha Southeast corner Of CREZXSEND TOWNHOMES; ' THENCE $89°55'00°y a distancea 2 633.25 Z23t to a Point for corner; THENCE NOOQ°OS'O0"H a distance of 122.89 faat to a point that intersects a curve to the left having a chord bearing of S$86°02'46"W and a chord distance of 3.30 f22%; THENCE along said curve to the leet having o radius: o2 159.9 feet and a central angla 62 3°10'277 an aze distanc2- ‘of 3.32 feet to a point for corner; x THENCZ N00°0S'00°W a distance of 113.59 f22% to a point; a THENCE $89°55'00"W a distance of 3.0 Zaet to a point; .,°
a central angla 62 3°10'277 an aze distanc2- ‘of 3.32 feet to a point for corner; x THENCZ N00°0S'00°W a distance of 113.59 f22% to a point; a THENCE $89°55'00"W a distance of 3.0 Zaet to a point; .,° . THENCE NOO*OS'00"°W a diatance of 140.71 feet to a point; THENCE N89°S6'00"R a distance of 240.04 feet to a point; THENCE N89°52"25"E a distance of 280.29 feet to a point; THENCE S02°57'48°W a @iatance OF 186.63 feet toa point; THENCE S63°46'47"E a distance cf 226.70 Lees ve c peine.
THENCE $09°28'11"Z a distance of 137.08 f2c% te the POINT 0: BEGINNING and containing 211, 214, Ol squara faet or 4.3845 acres of lanc..
EXSTBIV 7A? ana WHEREAS , ‘SUMNER & GREENER, a Texas General Partnership, is | owner of a tract of land situated in the James F. Jackson S Abstract No. 700, and being part of the B. P. Hall Survey, Abs ci No. 660 in Block No. 8422 an addition to the City of Dallas, Dal!
County, Texas, and being part of the property conveyed to OL!
Lucile Chick and to Charles Roy Chick by deed recorded in Voli 754, Page 279, and .Volume 1305, Page 596, of the Deed Records Dallas County, Tenas, and being described more particularly follows: .
BEGINNING at a steal nail on tha Bast line oZ Abrams Road, 2: feet East of its centerline on the most Northerly lina of Bi Chick property, and at the Southwest: cornez of Richland Jun: College an addition to the City of Dallas, Dallas County, Pam: according ‘to the plat thereof recorded in Yolume 70073, Page 16!
of said Deed Records; THENCE N89°56'00°E, along the dividing line between’ paid Ch: North line and South line of said Richland Junior College addit.
a distance of 440.07 feet to a point for corner; THENCE $17°35'48"Z, a distance of 137.24 fet to a point corner; ~- : oe
ween’ paid Ch: North line and South line of said Richland Junior College addit.
a distance of 440.07 feet to a point for corner; THENCE $17°35'48"Z, a distance of 137.24 fet to a point corner; ~- : oe THENCE $44°04°63*W, a distance of 69.505 feat’ to a point for corne: THENCE $00°05'00°E, a distance of "182.99 feet to a Point corner}; Dee .
Weta + owe ery THENCE 589°55'00°W, a distance Of 350.0 feet to a point for corne THENCE NOO°19'30"W, a distance of 408.0 faet to the PLA BEGINNING and containing ¢.0f ecrer of land.
CREZABEND CLUBHOUSZ PHASE I BEING a tract.or parcel of land situated in the James FP. Jack: Survey, Abstract No. 700, and lying in the City Block No. 84 City of Dallas, Dallas*County,, Texas, and -heing, part of property conveyed to Ollie Lucile Chick and Charles “Roy Chick Deed recorded in Volume 754, Page 279, and Volume 1305, Page 5: of the Deed Records of Dallas County, Texas, and being part of : 1, Block P/8422 of Creekbend Apartments an addition to the City.
Dallas, recordeé in Volume €1127, Fage 1432, of the Piat Recorés Dallas County, Texas, and being more particularly described follows: re mentioned Lot 1, Block F/8422; THENCE S89°55'00"W, 643.26 feet the POINT OF BEGINNING; THENCE $89°55'00"H, a distance of 3.92 feet to a point for corner THENCE SOC°L7'OC"E, 2 distance of 47.67 feet to & point for corne THENCE S60°33'40"W, a distance of 100.99 feet to a point corner} THENCE N30°02'47"W, a distance of 157.07 feet to a point for corner on the center of Burninglog Lane; THENCE N59°*55'00"EZ, along the center of Burninglog Lane'a di of 122.59 feet to a point for corner; THENCE N89°S55'QO"E, a distance of 64.06 feet to a point for corne
n the center of Burninglog Lane; THENCE N59°*55'00"EZ, along the center of Burninglog Lane'a di of 122.59 feet to a point for corner; THENCE N89°S55'QO"E, a distance of 64.06 feet to a point for corne THENCE S00*05'00"E, a distance of 100.0 feet to the POINT BEGINNING and containing 22,458.859 square feet of 0.515 acres land. arnanet r7ic NOTICES OF FILING “DEDICATORY INSTRUMENTS” FIRST SUPPLEMENT TO NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR 3024681 CREEKBEND TOWNHOMES 4791067 $26.00 Deed 18/19/06 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THIS FIRST SUPPLEMENT TO NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR CREEKBEND TOWNHOMES (this “Notice’’) is made this 14 day of uw , 2004, by the Creekbend Homeowners Association, Inc. (the “Association’’).
WITNESSETH: WHEREAS, Sumner & Greener, a Texas General Partnership (“Declarant”), prepared and recorded an instrument entitled ‘First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Creekbend Townhomes” filed of record at Volume 86025, Page 1633 et seq.
of the Deed Records of Dallas County, Texas (the ““Declaration”); and WHEREAS, on December 4, 2003, the Association recorded a Notice of Filing of Dedicatory Instruments for Creekbend Townhomes at Volume 2003238, Page 09434 et seq. of the Deed Records of Dallas County, Texas (the “Notice”); and WHEREAS, the Association desires to supplement the Notice to include the dedicatory instrument attached hereto as Exhibit “A” and incorporated herein for all purposes, pursuant to and in accordance with Section 202.006 of the Texas Property Code.
NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is a true
incorporated herein for all purposes, pursuant to and in accordance with Section 202.006 of the Texas Property Code.
NOW, THEREFORE, the dedicatory instrument attached hereto as Exhibit “A” is a true and correct copy of the original and is hereby filed of record in the real property records of Dallas County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.
CREEKBEND HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation By: Aone EC Loy 3 & i—| Se oa A 3 a = i] 3 qa.
FIRST SUPPLEMENT TO NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 1!
mu 160 10792 ACKNOWLEDGMENT STATE OF TEXAS § 8 COUNTY OF DALLAS’ § BEFORE ME, the undersigned authority, on this day personally appeared V7 4 he.
24 fe Mtr of Creekbend Homeowners Association, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.
/ SUBSCRIBED AND SWORN TO BEFORE ME on this [31 hay of Lue nce 2004.
é.
Notary Public,. State of Tex i RITA E. RASBERRY AN MY COMMISSION EXPIRES JULY 30, 2006 7T- 30-200 My Commission Expires AFTER RECORDING, RETURN TO: Riddle & Williams, P.C.
3811 Turtle Creek Blvd, Suite 1050 Dallas, Texas 75219 FIRST SUPPLEMENT TO NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 2 mv 160 10793 NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR — - | CREEKBEND TOWNHOMES 2664052 4316146 $58.00 Deed STATE OF TEXAS § 12/04/03 § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THIS NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR CREEKBEND Creekbend Homeowners Association, Inc. (the “Association”).
WITNESSETH:
E OF FILING OF DEDICATORY INSTRUMENTS FOR CREEKBEND Creekbend Homeowners Association, Inc. (the “Association”).
WITNESSETH: WHEREAS, Sumner & Greener, a Texas General Partnership (“Declarant”), prepared and recorded an instrument entitled “First Amended and Restated Declaration of Covenants, Conditions and Restrictions for Creekbend Townhomes” filed of record at Volume 86025, Page 1633 et seq.
of the Deed Records of Dallas County, Texas (the “Declaration”); and WHEREAS, the Association is the property owners’ association created by the Declarant to manage or regulate the townhome development covered by the Declaration, which development is more particularly described on Exhibit “A” attached hereto and incorporated herein by reference; and WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners’ association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the townhome development is located; and WHEREAS, the Association desires to record the dedicatory instruments attached hereto in the real property records of Dallas County, Texas, pursuant to and in accordance with Section 202.006 of the Texas Property Code.
NOW, THEREFORE, the dedicatory instruments attached hereto as Exhibit “B” are true and correct copies of the originals and are hereby filed of record in the real property records of Dallas County, Texas, in accordance with the requirements of Section 202.006 of the Texas Property Code.
IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.
e requirements of Section 202.006 of the Texas Property Code.
IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.
CREEKBEND HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation By: Document Scanned Date: a0 fod Q of Decl dnst.
NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 1 0238 09434 (PRE or, ACKNOWLEDGMENT STATE OF TEXAS § 8 COUNTY OF DALLAS § EFORE ME, the yndersi uthority, on this day personally appeared ; of Creekbend Homeowners Association, Inc., known ‘to me to be the person whose name is sulscribed to the foregoing instrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed on behalf of said corporation.
fh 7 Notary Public,. State of Texas My Commission Expires RITA E. RASBERRY Mi MY COMMISSION EXPIRES AFTER RECORDING, RETURN TO: Riddle & Williams, P.C.
3811 Turtle Creek Blvd, Suite 1050 Dallas, Texas 75219 NOTICE OF FILING OF DEDICATORY INSTRUMENTS - Page 2 -m238 09435.
EXHIBIT “A” PROPERTY DESCRIPTION Document Scanned POVUD ASS OFF BE- CY FO oct...
-mr238 09436 EXHIBIT °A° . - ae WHEREAS, SUMNER & GREENER, a. Texas General Partnership, is the owner of a tract of land situated in the James F. Jackson Survey, Abstract No. 700, and being part.of the B, F. Hall Survey, Abstract No. 660 in Block No. 8422 an addition to the City of Dallas, Dallas County, Texas, and being part of the property conveyed to Ollie Lucile Chick and to Charles Roy Chick by. deed recorded in Volume 754, Page 279, and Volume 1305, Page 596, of the Deed Records of
allas County, Texas, and being part of the property conveyed to Ollie Lucile Chick and to Charles Roy Chick by. deed recorded in Volume 754, Page 279, and Volume 1305, Page 596, of the Deed Records of palias County, Texas, and being described more particularly as follows: ; ; BEGINNING at a steel nail on the East line of Abrams Road, 25.0 feet East of its centerline on the. most Northerly line of said Chick property, and at the Southwest. corner of Richland Junior College an addition to the City of Dallas, Dallas County, Texas, ‘according ‘to the plat thereof recorded in Volume 700730" Page 1600, of said Deed Records; » THENCE N89°56'00"E, along the dividing line between’. ® paid Chick “North line and South line of said Richland Junior College addition a distance of. 440.07 feet to a point for corner; THENCE - S17°35'48"E, | a .distance of 137. 24 feet to a "point for corner; THENCE $44°04°03"W, ‘a distance of 69.05" feet’ to ‘a potat for corner; THENCE S00°05'00"E, a distance of "182.99 feet to a point for corner; . _ ne ay e.
THENCE $89°55'00"W, a distance of 350. 0 feet to a point for corner; THENCE N00°18'30"°W, a distance of 408.0 feet to the PLACE OF BEGINNING and containing 4.09 acres of land.
CREEKBEND CLUBHOUSE PHASE I BEING a tract or parcel of land situated in the James F. Jackson Survey, Abstract No. 700, and lying in. the City. Block, No. 8422, ‘City of Dallas, DallasysCounty, Texas, and -heing, part of the property conveyed to Ollie Luc le Chick and Charles "Roy Chick by Deed recorded in Volume 754, Page 279, and Volume 1305, Page 596, of the Deed Records of Dallas County, Texas, and being part of Lot 1, Block F/8422 of Creekbend Apartments an addition to the City of Dallas, recorded in Volume 81127, Page 1432, of the Plat Records of
f the Deed Records of Dallas County, Texas, and being part of Lot 1, Block F/8422 of Creekbend Apartments an addition to the City of Dallas, recorded in Volume 81127, Page 1432, of the Plat Records of Dallas County, Texas, and being more particularly described as follows: adi, rN : "ete, BEGINNING at a point of the Northeast corner of the herein above mentioned Lot 1, Block F/8422; THENCE S89°55'O00°W,. 643.26 feet to the POINT OF BEGINNING; : THENCE S89°55'00"W, a distance of 3.92 feet to a point for corner; THENCE S00°17'00*E, a distance of 47.87 feet to a point for corner; THENCE S60°33'40"W, a distance of 100.99 feet to a point for corner; ; .
THENCE N30°02°47"W, a distance of 157.07 feet to a point for a corner on the center of Burninglog Lane; THENCE N59°55'00"E, along the center of Burninglog Lane a distance of 122.59 feet to a point for corner; THENCE N89°55'O00"E, a distance of 64.06 feet to a point for corner; THENCE S00°05'00"Z, a distance of 100.0 feet to the POINT OF BEGINNING and containing 22,458.859 square feet of 0.515 acres of land. .
a QANIS PRON 69m? @AR Naha?
CREEKBEND TOWNHOMES - PHASE II LEGAL DESCRIPTION EXHIBIT "5° . 4 ‘BEING a tract or parcel of land situated in the City of. Dallas, Dallas County, -Texas;. and being part of the James F%'. Jackson Survey, Abstract 700; and being part of Block 8422 of Creekbend Townhomes, an Addition to the City of Dallas as recorded in Volume 81127, Page 1441, of the Deed Records of Dallas County, Texas; and being more particularly described as followss: BEGINNING at a 1/2 inch iron rod for corner in the ‘Worth line of said Addition and said Block, said point being«North 89 degrees 56 minutes 00 seconds East a distance of 415.07 feet from the East line of Abrams Road (100 feet wide). and the
er in the ‘Worth line of said Addition and said Block, said point being«North 89 degrees 56 minutes 00 seconds East a distance of 415.07 feet from the East line of Abrams Road (100 feet wide). and the Northwest corner of said Block; : ‘ ~ THENCE North 89 degrees 56 minutes 00 seconds East, “along the North line of said Addition and said Block, a. distance of 320.95 feet to a 1/2 inch iron rod for corner; vo, THENCE South 30 degrees 05 minutes 00 seconds East a: distance of 178.03 feet to a chisel mark for corner; : .
THENCE North 74 degrees 55 minutes 00 seconds East a, distance of 51.76 feet to a chisel mark for corner; mo THENCE North 89 degrees 55 minutes 00 seconds East a distance of 29.42 feet to a chisel mark for corner; : THENCE South 00 degrees 05 minutes 00 seconds East a distance © Of 113.67 feet -to a chisel mark for corner; THENCE North 86 degrees 02 minutes 53 seconds East a distance of 8.31 feet to a chisel mark for corner; .
THENCE South 00 degrees 05 minutes 00 seconds East a. distance of 122.88 feet to a 1/2 inch iron. rod for corner in the South line of said Addition; . ae THENCE South 89 degrees 55 minutes 00 seconds West, : along the South line of said Addition, a distance of 10.00 feet” to a 1/2 inch fron rod- for- corner;:------ --THENCE North 00 degrees 05 minutes 00 seconds West, along’ the South line of said Addition, a distance of 100.00 feet, to a 1/2 inch iron rod for corner; ‘ e THENCE South 89 degrees 55 minutes 00 seconds West, “along the South line of said Addition, a distance of 64.06 feet to a chisel mark for corner; B THENCE South 59 degrees 55 minutes 00 seconds West, ‘along the South line of said Addition, a distance of 137.81 feet to a chisel mark for corner. and the beginning of a curve to the right;
corner; B THENCE South 59 degrees 55 minutes 00 seconds West, ‘along the South line of said Addition, a distance of 137.81 feet to a chisel mark for corner. and the beginning of a curve to the right; THENCE along a curve to the right, along the South line of said Addition, having a radius of 150.00 feet, a central ‘angle of 030 degrees 00 minutes 00 seconds, an arc length of 78.54 feet, and a chord which bears South 74 degrees 55 minutes 00 seconds West to a chisel mark for corner and the end of said curve to the right; .
THENCE South 89 degrees 55 minutes 00 seconds ‘west, along the South line of said Addition, a distance of 2 3. 41 feet to a chisel mark for corner; €6025 1695 1238 09438 " PBENCE North 00 degrees 05 minutes 00 seconds West ay of 182.99. feet to a chisel mark for corners THENCE North 41 degrees 04 minutes 03 seconds Bast a’ distance of 69.05 feet to a chisel mark for corner; es THENCE North 17 ‘degrees 35 minutes 48 seconds West re “distance of 137.24. feet to the. POINT. .OF BEGINNING,. and containing 146,068 square feet or 3.3533 acres of land, more or less.
Ao SEER rt , ys Sa ate ssh * a” af ene :am238 09439 LEGAL DESCRIPTION CREEKBEND TOWNHOMES — PHASE III EXBIBIT “c*STATE OF TEXAS § COUNTY OF DALLAS $ BEING a tract of land situated in the City of Dallas, Dallas County, Texas, and being part of the James F. Jackson: Survey, Abstract No. 700, and being part of Block 8422, of sCREEKBEND TOWNHOMES, an Addition to the City of Dallas, Dallas. County, Texas, and being more particularly described as follows: BEGINNING at a point being the Northeast Corner of Lot 1, Block F/8422, of CREEKBEND APARTMENTS, an Addition: to the City of Dallas, recorded in Volume 681127, Page 1432, of «the Plat
ibed as follows: BEGINNING at a point being the Northeast Corner of Lot 1, Block F/8422, of CREEKBEND APARTMENTS, an Addition: to the City of Dallas, recorded in Volume 681127, Page 1432, of «the Plat Records of Dallas County, Texas, and being the Southeast corner of CREEKBEND TOWNHOMES; .
THENCE S89°55'00"W a distance of 633.26 feet to a point for corner; Se.
. "R, THENCE N00*05'00"W a distance of 122.88 feet to a point that intersects a curve to the left having a chord bearing of S86°02'46"W and a chord distance of 8.30 feet; ; THENCE along said curve to the left having a radius: of 150.0 feet and a central angle of 3°10'27" an arc distance of 8.31 feet to a point for corner; — . a THENCE NOO*0S'00"W a distance of 113.69 feet to a point; THENCE 889°55'00°W a distance of 3.0 feet to a point; es THENCE NOO°0S'00"W a distance of 140.71 feet to a point; THENCE N89°56'00°E a distance of 240.04 feet to a point, THENCE N89°52'25"E a distance of 280.29 feet to a points THENCE S02°57'46"W a distance of 186.63 feet to a point; THENCE S63°46'47"E a distance of 124.70 feet to a pointy.
THENCE S09°28'11"E a distance of 137.08 feet to the POINT OF BEGINNING and containing 211,214.01 square feet-or 4.848 acres of land.
Whose: Abe yo E6025 1697 83170 OBS. ~ (7238 09440 1.
2.
EXHIBIT “B” DEDICATORY INSTRUMENTS Articles of Incorporation for Creekbend Homeowners Association, Inc.
Assessment Collection Policy 1m238 09441 Che State af SECRETARY OF STATE The undersigned, as Secretary of State of the State of Texas, HEREBY CERTIFIES that the attached is a true and correct copy of the following described .
@ instruments on file in this Office: CREEKBEND HOMEOWNER'S ASSOCIATION, INC.
January 19, 1983 March 5, 1986 Articles of Incorporation Statement of Change of Registered Agent/office
lowing described .
@ instruments on file in this Office: CREEKBEND HOMEOWNER'S ASSOCIATION, INC.
January 19, 1983 March 5, 1986 Articles of Incorporation Statement of Change of Registered Agent/office IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused to be impressed hereon the Séal of State at my office in the City of Austin, this EXHIBIT pac / ame: |Q0-Brhic sot .
CP TW 159 Gt OFF DO, (0k STATEMENT OF CHANGE OF REGISTERED In tp Fito OFFICE OR REGISTERED AGENT OR BOTH “ecretary pice of th BY A TEXAS DOMESTIC CORPORATION Map 05 OF Tera 1. The name of the corporation _CREEKBEND HOMEOWNERS "5 Sensi ASSOCIATION, INC.
2. The address, including street and number, of its present registered office as shown in the records of the Secretary of State of the State of Texas prior to filing this statement is 9500 FOREST LANE, #435, DALLAS, TEXAS 75245 3. The address, including street and number, to which its registered office is to be changed is _7557 RAMBLER ROAD, .
SUITE 400, DALLAS, TEXAS 75231 (Give new address or state "no change") 4, The name of its present registered agent, as shown in the records of the Secretary of State of the State of Texas, prior to filing this statement is _ RONALD D. LAW 5. The name of its new registered agent is DAVID W. GIBBONS (Give new name or state “no @ehange"') 6. The address of its registered office and the address of the business office of its registered agent, as changed, will be identical.
7. Such change was authorized by its board of directors.
Sworn to 4. Alou Notary Public urs County, Texas 12238 O9bb23 COVENANT ENFORCEMENT AND / OR FINING POLICY CREEKBEND HOMEOWNERS ASSOCIATION, INC.
COVENANT ENFORCEMENT AND FINING POLICY
rd of directors.
Sworn to 4. Alou Notary Public urs County, Texas 12238 O9bb23 COVENANT ENFORCEMENT AND / OR FINING POLICY CREEKBEND HOMEOWNERS ASSOCIATION, INC.
COVENANT ENFORCEMENT AND FINING POLICY WHEREAS, the Board of Directors (the ‘“Board”) of Creekbend Homeowners Association, Inc. (the “Association”) finds there is a need to establish orderly procedures for the enforcement of the restrictive covenants set forth in the First Amended and Restated Declaration of Covenants, Conditions and Restrictions of Creekbend Townhomes”, as amended from time to time (the “Declaration”), as well as the First Amended and Restated By-Laws of Creekbend Homeowners Association, Inc. (the ““By-Laws’), for enforcement of any rules and regulations (the “rules and regulations”) and for the levying of fines against owners violating the Declaration, By-Laws and the rules and regulations.
NOW, THEREFORE, IT IS RESOLVED that the following procedures and practices are established for the enforcement of the restrictive covenants of the Declaration, By-Laws and the rules and regulations and for the elimination of violations of such provisions found to exist in, on and about the Lots within Creekbend Townhomes and the same are to be known as the “Covenant Enforcement and Fining Policy” (to be referred to herein as the “Enforcement Policy”).
1, Establishment of Violation. Any condition, use, activity or improvement which does not comply with the provisions of the Declaration, By-Laws or the rules and regulations of the Association, shall constitute a “Violation” under this Policy for all purposes.
2. Report of Violation. The existence of a Violation will be verified by a field observation conducted by the Board or its delegate. For the purpose of this Enforcement Policy,
olicy for all purposes.
2. Report of Violation. The existence of a Violation will be verified by a field observation conducted by the Board or its delegate. For the purpose of this Enforcement Policy, the delegate of the Board may include Management, an officer or member of the Board, or a member of any committee established by the Board for this purpose. A timely written report shall be prepared by the field observer for each Violation which will include the following information: a. Identification of the nature and description of the Violation(s).
b. Identification by street address and legal descyiption, if available, of the Lot on which the Violation exists.
c. Date of the verification observation and name of the person making such observation. : At the same time that the field observation report is prepared, the Board or its delegate may forward to the Owner of the Lot in question written notice via regular first-class mail or via postcard of the discovery of a Violation(s) (the “Courtesy Notice”). The Owner will have at least fourteen (14) days from the date of the Courtesy Notice to correct or eliminate the Violation(s).
Depending upon the nature of the Violation, the Board or its delegate may, in lieu of this Courtesy Notice, proceed immediately to the notice set forth in Paragraph 3 below.
COVENANT ENFORCEMENT AND FINING POLICY - Page 1 mm 160 10794 3. Notice of Violation. If the Violation is not corrected or eliminated within the time period specified in the Courtesy Notice, or if the Board or its delegate deem it appropriate to proceed without the Courtesy Notice, the Association will forward to the Owner of the Lot in question written notice of the Violation(s) by regular first-class mail or personal delivery and by
iate to proceed without the Courtesy Notice, the Association will forward to the Owner of the Lot in question written notice of the Violation(s) by regular first-class mail or personal delivery and by certified mail, return receipt requested (the “Notice of Violation”). A Notice of Violation is not required if the alleged violator received a Notice of Violation relating to a similar Violation within six (6) months of the current Violation and was given a reasonable opportunity to cure the prior Violation. In such event, the Board may impose sanctions as authorized by the Declaration and/or this Enforcement Policy without notice to the Owner other than the Final Notice of Violation described in Paragraph 4 below. The Notice of Violation, if required, will state the following: a. The nature, description and location of the Violation, including any property damage caused by the Owner.
b. The authority for establishing the Violation, including the authority for recovering property damages caused by the Owner.
c. The proposed sanction to be imposed, including the amount of any fine or the amount claimed to be due from the owner for property damage.
d. If the Violation is corrected or eliminated within a reasonable time after the Owner’s receipt of the Notice of Violation that a fine will not be assessed, common area privileges will not be suspended and that no further action will be taken.
e. The recipient may, on or before thirty (30) days from the receipt of the Notice of Violation, deliver to the Association a written request for a hearing.
f. If the Violation is not corrected or eliminated within the time period specified in the Notice of Violation, or if a written request for a hearing is not made on or before
en request for a hearing.
f. If the Violation is not corrected or eliminated within the time period specified in the Notice of Violation, or if a written request for a hearing is not made on or before thirty (30) days from the receipt of the Notice of Violation, that the sanctions delineated in the Notice of Violation may be imposed and that any attorney’s fees and costs will be charged to the Owner.
g. If a hearing is timely requested and is held before a delegate of the Board, that the Owner may appeal the decision of the delegate to the Board.
4, Final Notice of Violation. A formal notice of the Violation and the sanction to be imposed, including the amount of any fine or the amount of any property damage (the “Final Notice of Violation”) will be sent by the Association to the Owner by regular first-class mail and by certified mail, return receipt requested, where, within the time period specified in the Notice of Violation, the Violation has not been corrected or eliminated or the Association has not timely received a written request for a hearing.
5. Request for a Hearing. If the Owner challenges the proposed action by timely requesting a hearing, the hearing shall be held in executive session of the Board or its delegate COVENANT ENFORCEMENT AND FINING POLICY - Page 2 mored 107.95 affording the alleged violator a reasonable opportunity to be heard. Such hearing shall be held no later than the 30" day after the date the Board receives the Owner’s request for a hearing.
Prior to the effectiveness of any sanction hereunder, proof of proper notice of the hearing shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer,
ing shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, agent or delegate who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The notice of the hearing shall be sent no later than the 10" day before the date of the hearing. The Association or the Owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than ten (10) days. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed by the Board or its delegate. The Association shall notify the Owner in writing of its action within ten (10) days after the hearing. The Board may, but shall not be obligated to, suspend any proposed sanction if the Violation is cured within the ten-day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any Owner.
6. Appeal. Following a hearing before a delegate of the Board, the Owner shall have the right to appeal the decision to the Board. To perfect this right, a written notice of appeal must be received by the manager, president or secretary of the Association within ten (10) days after the date of the Association’s written notice to the Owner of the results of the hearing.
Any hearing before the Board shall be held in the same manner as provided in Paragraph 5 for hearings before a delegate of the Board.
7. Correction of Violation. Where the Owner corrects or eliminates the Violation(s)
e the Board shall be held in the same manner as provided in Paragraph 5 for hearings before a delegate of the Board.
7. Correction of Violation. Where the Owner corrects or eliminates the Violation(s) prior to the imposition of any sanction, no further action will be taken (except for collection of any monies for which the Lot Owner may become liable under this Enforcement Policy and/or the Declaration). Written notice of correction or elimination of the Violation may be obtained from the Board upon request for such notice by the Owner and upon payment of a fee for same, the amount of which is set by the Board.
8. Referral to Legal Counsel. Where a Violation is determined or deemed determined to exist and where the Board deems it to be in the best interests of the Association to refer the Violation to legal counsel for appropriate action, the Board may do so at any time.
Such legal action may include, without limitation, sending demand letters to the violating Owner and/or seeking injunctive relief against the Owner to correct or otherwise abate the Violation.
Attorney's fees and all costs incurred by the Association in enforcing the Declaration and administering this Enforcement Policy shall become the personal obligation of the Owner.
9. Fines. Subject to the provisions of this Enforcement Policy and/or the Declaration, the imposition of fines will be on the following basis: a. Fines will be based on an amount that is reasonably related to the nature of the Violation. The Board shall have final discretion in determining the appropriate fine for the Violation in question. The Board may adopt and amend, from time to time, a schedule of fines applicable to Violations within Creekbend Townhomes which may include a progression of fines
e fine for the Violation in question. The Board may adopt and amend, from time to time, a schedule of fines applicable to Violations within Creekbend Townhomes which may include a progression of fines COVENANT ENFORCEMENT AND FINING POLICY - Page 3 me 160 107,96 for repeat offenders. Generally, fines shall start at $150.00 and will be levied for each 10-day period the Violation continues to exist.
b. Imposition of fines will be in addition to and not exclusive of any other rights, remedies and recoveries of the Association as created by state law, the Declaration, the By-Laws or this Enforcement Policy.
c. Fines are imposed against Lots and become the personal obligation of the Owners of such Lots and shall constitute a lien upon the Owner of the Lot related to or connected with the Violation.
10. Notices. Unless otherwise provided in the Enforcement Policy, all notices required by this Enforcement Policy shall be in writing and shall be deemed to have been duly given if delivered personally and/or if sent by United States Mail, first-class postage prepaid, to the Owner at the address which the Owner has designated in writing and filed with the Secretary of the Association or, if no such address has been designated, to the address of the Lot of the Owner.
a. Where the notice is directed by personal delivery, notice shall be deemed to have been given, sent, delivered or received upon actual receipt by any person accepting delivery thereof at the address of the recipient as set forth in such notice or if no person is there, by leaving the notice taped to the front door of the residence.
b. Where the notice is placed into the care and custody of the United States Postal Service, notice shall be presumed to have been given, sent, delivered or received, as of the
door of the residence.
b. Where the notice is placed into the care and custody of the United States Postal Service, notice shall be presumed to have been given, sent, delivered or received, as of the third (3rd) calendar day following the date of postmark of such notice bearing postage prepaid and the appropriate name and address as required herein unless otherwise shown by the recipient to have been received at a later date.
Cc. Where a day required for an action to be taken or a notice to be given, sent, delivered or received, as the case may be, falls on a Saturday, Sunday or United States Postal Service holiday, the required date for the action or notice will be extended to the first day following which is neither a Saturday, Sunday or United States Postal Service holiday.
d. Where the Board has actual knowledge that an enforcement action would directly affect a third party (e.g. a tenant or a neighbor) or involves a Violation by a party other than the Owner, notices required under this Enforcement Policy may be given, if possible, to such third party in addition to the Owner. Notwithstanding any notice sent to a third party, the Owner remains the party responsible for compliance with the requirements of the Declaration.
The Board shall accept a response from any such third party only upon the written direction of the Owner of the Lot upon which the Violation exists.
e. Where the interests of an Owner in a Lot have been handled by a representative or agent of such Owner or where an Owner has otherwise acted so as to put the Association on notice that its interest in a Lot has been and are being handled by a representative COVENANT ENFORCEMENT AND FINING POLICY - Page 4 amms (160 10797,
as otherwise acted so as to put the Association on notice that its interest in a Lot has been and are being handled by a representative COVENANT ENFORCEMENT AND FINING POLICY - Page 4 amms (160 10797, or agent, any notice or communication from the Association pursuant to this Enforcement Policy will be deemed full and effective for all purposes if given to such representative or agent.
f. Where an Owner transfers record title to a Lot at any time during the pendency of any procedure prescribed by this Enforcement Policy, such Owner shall remain personaily liable for all costs and fines under this Enforcement Policy. As soon as practical after receipt by the Association of a notice of a change in the record title to a Lot which is the subject of enforcement proceedings under this Enforcement Policy, the Board may begin enforcement proceedings against the new Owner in accordance with this Enforcement Policy. The new Owner shall be personally liable for all costs and fines under this Enforcement Policy which are the result of the new Owner's failure and/or refusal to correct or eliminate the Violation in the time and manner specified under this Enforcement Policy.
11. Cure of Violation During Enforcement. An Owner may correct or eliminate a Violation at any time during the pendency of any proceduré prescribed by this Enforcement Policy. Upon verification by written report to the Board and sent, where appropriate, to the Board that the Violation has been corrected or eliminated, the Violation will be deemed no longer to exist. The Owner will remain liable for al] costs and fines under this Enforcement Policy, which costs and fines, if not paid upon demand therefor by Management, will be referred to the Board of Directors of the Association for collection.
al] costs and fines under this Enforcement Policy, which costs and fines, if not paid upon demand therefor by Management, will be referred to the Board of Directors of the Association for collection.
12. Definitions. The definitions contained in the Declaration and By-Laws are hereby incorporated herein by reference.
IT IS FURTHER RESOLVED that this Covenant Enforcement and Fining Policy is effective upon adoption hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing resolution was adopted by a majority of the entire Board of Directors at a meeting of same on wom , 2004, and has not been modified, rescinded or revoked.
DATE: ee Xe DOr CTS 1 Secretary F/FINE/FINING.CREEK BENDTOWNHOMES en COVENANT ENFORCEMENT AND FINING POLICY - Page 5 _ aimed 10798 43a pines. pice ad . MAD 250 wy of iy Ott wes 4a = 3 ¢ afte qaaee ont | 6 0 10733 COLLECTION POLICY CREEKBEND HOMEOWNERS ASSOCIATION, INC.
Assessment Collection Policy WHEREAS, Creekbend Homeowners Association, Inc. (the “Association”) has authority pursuant to Article IV of the First Amended and Restated Declaration of Covenants, Conditions and Restrictions of Creekbend Townhomes (the "Declaration") to levy maintenance assessments against Owners of Lots located within Creekbend Townhomes (the “Development”’); and WHEREAS, the Association has authority pursuant to Article V, Sections 5.3.b and f of the First Amended and Restated By-Laws of Creekbend Homeowners Association, Inc. (the “By-Laws”) to establish rules for the operation, use and occupancy of the Association; and WHEREAS, the Board of Directors (the “Board’’) finds there is aneed to establish rules and
ciation, Inc. (the “By-Laws”) to establish rules for the operation, use and occupancy of the Association; and WHEREAS, the Board of Directors (the “Board’’) finds there is aneed to establish rules and orderly procedures for the collection of assessments that remain unpaid beyond the prescribed due dates and processing the application of the payments made by Owners in order to encourage Owners to promptly pay their assessments. .
NOW, THEREFORE, IT IS RESOLVED that the following rules, procedures and practices are established for the collection of assessments owing and to become owing by Owners in the Development and for the application of payments made by Owners and the same are to be known as the “Assessment Collection Policy” for the Association: 1. Policy Objectives. The collection of assessments owed by owners and the application of their payments pursuant to the Declaration and this Assessment Collection Policy will be governed by the following objectives: a. The Association will pursue collection of all maintenance assessments, including Annual Assessments and Special Assessments (hereinafter the two types of Assessments are sometimes referred to as “assessments’’) for a given fiscal year such that should the recovery of amounts owing by a particular Owner require commencement of legal proceedings, those proceedings will be initiated prior to the end of the fiscal year for which the unpaid amounts are due.
b. At each step within the collection process, the Board will analyze the facts and circumstances then known concerning a given delinquency to direct collection efforts toward the most expedient course of action.
2. Ownership Interests. Pursuant to Article IV of the Declaration, the person who is the Owner
n concerning a given delinquency to direct collection efforts toward the most expedient course of action.
2. Ownership Interests. Pursuant to Article IV of the Declaration, the person who is the Owner of a Lot as of the date an assessment becomes due is personally liable for the payment of that assessment. Further, the personal liability for unpaid assessments passes to the successors in title to a Lot if expressly assumed by them. As used herein, the term “Delinquent Owner” refers to that person who held title to a Lot on the date an assessment became due. As used herein, the term “Current Owner” refers to that person who then holds title to a Lot. Unless expressly denoted otherwise, the “Owner” of a Lot refers to the Delinquent Owner or the Current Owner or both, as may be appropriate under the circumstances in question.
EXHIBIT ASSESSMENT COLLECTION POLICY - Page 1 1238 0945] z a BI 2 A a @ 5 Q iS) — 3. Due Dates. Pursuant to Article IV, Section 4.7(c) of the Declaration, the Annual Assessment is payable in monthly installments. The due date for each monthly installment of the Annual Assessment is the first day of the month. The due date for a Special Assessment shall be set by the Board in the notice of assessment to the Owners, or if no date is given in the notice, then the due date shall be ten (10) days after the date the notice of the assessment is given to the Owner. The due date for any assessments shall be collectively referred to in this Assessment Collection Policy as the “Due Date”. Any assessment or installment thereof which is not received by the Association on or before ten (10) days after the Due Date is delinquent (the “Delinquency Date”).
4. Delinquency Notice. If an assessment has not been paid by the Delinquency Date, the
received by the Association on or before ten (10) days after the Due Date is delinquent (the “Delinquency Date”).
4. Delinquency Notice. If an assessment has not been paid by the Delinquency Date, the Association will send a delinquency notice to the Owner (referred to as the “Delinquency Notice”) which will include the unpaid assessments, collection fees and late fees claimed to be owing. The Delinquency Notice will be sent via first-class United States mail.
5. Default Letter. If an assessment or installment thereof has not been paid within thirty (30) days following the Delinquency Date, the Association will send a default notice (referred to as the “Default Letter’) to the Owner which notifies the Owner of all outstanding amounts. The Default Letter will be sent via certified mail, return receipt requested, and via first-class United States mail and will, at a minimum, include the following information: a. The unpaid assessments, interest, late charges, collection costs and the handling charges claimed to be owing.
b. A statement that: Unless the Owner notifies the Association within thirty (30) days after receipt of the Default Letter that the Owner disputes the validity of this debt, or any portion thereof, the Association will assume that this debt is valid. Upon the Owner’s written request within the thirty (30) day period, the Association will also provide the Owner with the name and address of the original creditor, if different from the current creditor. If the Owner notifies the Association in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed or if the Owner requests the name and address of the original creditor within the thirty (30) day
iation in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed or if the Owner requests the name and address of the original creditor within the thirty (30) day period, the Association will (i) obtain verification of the debt or a copy of the judgment against the Owner, or the name and address of the original creditor, and mail a copy of the verification or judgment, or the name and address of the original creditor, to the Owner, and (ii) suspend further collection action of any disputed portion of the debt until the dispute is resolved or until the Association mails the Owner the verification of the debt or a copy of the judgment or the name and address of the original creditor.
c. Astatement that if the delinquency is not cured within thirty (30) days from receipt of the Default Letter, the Association may refer the matter to legal counsel for the Association and that ASSESSMENT COLLECTION POLICY - Page 2 2238 09452 once such referral has occurred, the Association will then seek reimbursement for all attorney’s fees and related costs incurred. .
d. A statement that the Association may or will suspend the Owners’ and residents’ rights to use the common areas and services and may suspend the Owners’ right to vote upon expiration of thirty (30) days from the date the Owner receives the Default Letter unless the delinquency 1 is cured or otherwise resolved.
e. Such other information as may be required by the debt collection statutes to the extent that any such statutes apply.
6. Interest and Late Fees. In the event any assessment, or any portion thereof, is not paid in full and received by the Association within thirty (30) days after the Due Date, interest on the principal
Interest and Late Fees. In the event any assessment, or any portion thereof, is not paid in full and received by the Association within thirty (30) days after the Due Date, interest on the principal amount due shall be assessed against the Owner, the rate of said interest to be six percent (6%) per annum and such interest shall accrue from the Delinquency Date until paid. In the event any assessment, or portion thereof, is not paid in full and received by the Association by the Delinquency Date, the Association may charge the Owner a late fee of $20.00. Such interest and late fees, as and when accrued hereunder, will become part of the assessment upon which it has accrued and, as such, will be subject to recovery in the manner provided herein and in the Declaration for assessments.
7. Handling Charges and Return Check Fees. In order to recoup for the Association the costs incurred because of the additional administrative expenses associated with collecting delinquent assessments, collection of the following fees and charges are part of the Assessment Collection Policy: a. Any handling charges, administrative fees, postage or other expenses incurred by the Association in connection with the collection of any assessment or related amount owing beyond the Delinquency Date for such assessment will become due and owing by the Delinquent Owner.
b. A charge of $25.00 per item will become due and payable for any check tendered to the Association which is dishonored by the drawee of such check, the charge being in addition to any other fee or charge which the Association is entitled to recover from an Owner in connection with collection of assessments owing with respect to such Owner's Lot.
the charge being in addition to any other fee or charge which the Association is entitled to recover from an Owner in connection with collection of assessments owing with respect to such Owner's Lot.
c. Any fee or charge becoming due and payable pursuant to this Paragraph 6 will be added to the amount then outstanding and is collectible to the same extent and in the same manner as the assessment, the delinquency of which gave rise to the incurrence of such charge, fee or expense.
8. Application of Funds Received. All monies received by the Association will be applied to amounts outstanding to the extent of and in the following order unless an Owner has placed a restrictive notation on the check or other form of payment or in correspondence accompanying the payment that a payment is to be applied in another specified manner: ASSESSMENT COLLECTION POLICY - Page 3 M238 09453 a. First, to interest; b. Second, to late fees; c. Next, to handling charges, returned check fees and collection costs incurred by the Association; .
d. Next, to attorney's fees and related costs advanced by the attorney for and on behalf of the Association; , e. Next, to delinquent Special Assessments; f. Last, to outstanding Annual Assessments, though same may not then be delinquent.
9. Ownership Records. All collection notices and communications will be directed to those persons shown by the records of the Association as being the Owner of a Lot (as defined by Section 1.9 of the Declaration) for which assessments are due and will be sent to the most recent address of such Owner solely as reflected by the records of the Association. Any notice or communication directed to a person at an address reflected by the records of the Association as being the Owner and
s of such Owner solely as reflected by the records of the Association. Any notice or communication directed to a person at an address reflected by the records of the Association as being the Owner and address for a given Lot, will be valid and effective for all purposes pursuant to the Declaration and this Assessment Collection Policy until such time as there is actual receipt by the Association of written notification from the Owner of any change in the identity or status of such Owner or its address or both.
10. Notification of Owner's Representative. Where the interests of an Owner in a Lot have been handled by a representative or agent of such Owner or where an Owner has otherwise acted so as to put the Association on notice that its interests in a Lot have been and are being handled by a representative or agent, any notice or communication from the Association pursuant to this Assessment Collection Policy will be deemed full and effective for all purposes if given to such representative or agent.
11. Referral to Legal Counsel. If an Owner remains delinquent in the payment of assessments and related costs for more than thirty (30) days after the sending of the Default Letter (as provided for above), Management, on behalf of the Board, or the Board may, as soon as possible thereafter, refer the delinquency to the legal counsel for the Association for the legal action as required by this Assessment Collection Policy. Any attorney's fees and related charges incurred by virtue of legal action taken will become part of the assessment obligation and may be collected as such as provided herein and in the Declaration.
12. Legal Action. Legal counsel for the Association will take the following actions with regard
art of the assessment obligation and may be collected as such as provided herein and in the Declaration.
12. Legal Action. Legal counsel for the Association will take the following actions with regard to delinquencies referred to it upon legal counsel's receipt of a written request by Management and/or the Board to take a specific collection action: ASSESSMENT COLLECTION POLICY - Page 4 1032 38 09454 a. Notice Letter. As the initial correspondence to a Delinquent Owner, counsel will send a notice letter (the “Notice Letter”’) to the Owner providing notice of all outstanding assessments and related charges, including the charges for the attorney’s fees and costs incurred for counsel’s services. If the amounts owing are disputed by the Owner within thirty (30) days of Owner’s receipt of the Notice Letter, Management and/or Legal Counsel will provide verification of the amounts claimed to be owing in accordance with Paragraph 12 of this Policy.
b. Title Search. If a Delinquent Owner fails to pay the amounts demanded in the initial Notice Letter sent by counsel, counsel will, upon direction from the Board and/or Management, order a search of the land records to verify current ownership of the Lot on which the delinquency exists. If the title report indicates that the Current Owner is other than the Delinquent Owner, counsel will communicate that fact to the Association. A determination will then be made by the Board whether to pursue collection of the unpaid assessments from the Delinquent Owner or the Current Owner or both. Based on that determination, the Board and/or Management will direct counsel to proceed according to this. Assessment Collection Policy. Where the title report confirms
r or the Current Owner or both. Based on that determination, the Board and/or Management will direct counsel to proceed according to this. Assessment Collection Policy. Where the title report confirms that the Current Owner is the Delinquent Owner, the Association, Management and counsel will likewise proceed according to this Assessment Collection Policy.
c. Notice of Lien. Where the Board has determined that foreclosure of the Association's assessment lien is to be pursued, if an Owner fails to pay in full all amounts indicated by the Notice Letter by the date specified, counsel, upon being requested to do so by the Board and/or Management, will cause to be prepared, executed by a duly authorized agent of the Association, and recorded in the Real Property Records of Dallas County, a written notice of lien (referred to as the "Notice of Lien") setting forth therein the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot covered by the lien. A copy of the Notice of Lien will be sent to the Owner contemporaneously with the filing of same with the County Clerk's office, together with a demand for payment in full of all amounts then outstanding within thirty (30) days of the date of the transmittal to the Owner of the Notice of Lien.
d. Non-judicial foreclosure. When the Board has directed that the collection action to be taken is non-judicial foreclosure of the assessment lien, upon the expiration of the time period given in the demand letter accompanying the Notice of Lien, the continued delinquency of unpaid assessments owing will be reported to the Board by Management, together with all pertinent facts concerning the delinquency and the ramifications of the proposed foreclosure of the Lot. As soon
unpaid assessments owing will be reported to the Board by Management, together with all pertinent facts concerning the delinquency and the ramifications of the proposed foreclosure of the Lot. As soon as practical thereafter, the Board and/or Management will direct counsel to initiate non-judicial foreclosure of the Unit, pursuant to Section 51.002 of the Texas Property Code, as such statute may be amended or superseded from time to time. In any foreclosure proceedings, the Owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees.
The Association shall have the power to bid on the Owner's Lot and improvements at foreclosure and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. The Association may institute a personal judgment suit against the former Owner for any deficiency resulting from the Association's foreclosure of its assessment lien.
ASSESSMENT COLLECTION POLICY - Page 5 M0238 99 55 e. Judicial Foreclosure/Personal Judgment. When the Board has directed that the collection action to be taken is a suit for personal judgment against the Owner and/or for foreclosure of the assessment lien, upon the expiration of the time period given in the demand letter accompanying the Notice of Lien, the continued delinquency of unpaid assessments owing will be reported to the Board by Management. As soon as practical thereafter, the Board and/or Management will direct counsel to initiate legal proceedings in a court of competent jurisdiction seeking foreclosure of the assessment lien and/or recovery of a personal judgment against the Current Owner and, where different, the Delinquent Owner, or from the Current Owner only, for all amounts owing arising
losure of the assessment lien and/or recovery of a personal judgment against the Current Owner and, where different, the Delinquent Owner, or from the Current Owner only, for all amounts owing arising from the unpaid assessments and the collection thereof, including all attorney's fees and costs.
13. Verification of Indebtedness. For so long as the collection of assessments may be subject to the requirements of the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) (the "FDCPA"), all communications from Management and legal counsel will include such required notices as are prescribed by the FDCPA. Furthermore, where an Owner timely requests verification of the indebtedness, Management will, upon notification of the Owner's request, supply such verification before any further collection action is taken with respect to such Owner.
14. | Compromise of Assessment Obligations. In order to expedite the handling of collection of delinquent assessments owed to the Association, the Board may, at any time, compromise or waive the payment of any assessment, interest, late fee, handling charge, collection cost, legal fee or any other applicable charge. The Association may, at its option, notify the Internal Revenue Service of the waiver or forgiveness of any assessment obligation.
15. Credit Bureaus. The Association may also notify any credit bureau of an Owner's delinquency. The Association will notify the Owner that it has filed such a report and will comply with any local, state, or federal laws in connection with the filing of such report.
IT IS FURTHER RESOLVED that this Assessment Collection Policy replaces and supersedes in all respects all prior rules, policies and resolutions with respect to the collection of
filing of such report.
IT IS FURTHER RESOLVED that this Assessment Collection Policy replaces and supersedes in all respects all prior rules, policies and resolutions with respect to the collection of assessments by the Association and is effective upon adoption hereof, to remain in force and effect until revoked, modified or amended.
This is to certify that the foregoing rules, policy and/or resolution was adopted by has not been modified, rescinded or revoked.
pate; Dex Qy 20o2, Secretary ASSESSMENT COLLECTION POLICY - Page 6 Wud Td A ANAGG ONES NE TE nna, “YY ra L 1p) Gade at afl GVENIIO Gseee MGU2g GNY ddd ‘70238 09457