ELECTRONICALLY RECORDED TRV 2017062340 44 PGS CRYSTAL FALLS Preamble: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THE TOWNHOMES AT CRYSTAL FALLS This Declaration of Covenants, Conditions and Restrictions for The Townhomes at Crystal Falls, is imposed on all of the property located within The Townhomes at Crystal Falls development.
The Regime (as defined below) is part of a larger master-planned community known as "Crystal Falls" and is governed by the Crystal Falls Home Owner's Association, Inc. (the "Association") as provided in this Declaration. This Declaration is in keeping with a common plan and theme of development throughout Crystal Falls and provides a mechanism for implementing that overall plan. Another purpose of this Declaration is to establish rules for land use in the Regime and maintenance of the Common Areas in Crystal Falls for the good of the residents in Crystal Falls.
Owners in the Regime and elsewhere in Crystal Falls are assessed fees for the care of the Common Areas and the enforcement of this Declaration and rules adopted by the Association as to a particular subdivision. This and the other subdivision Declarations affecting Crystal Falls allow the Association to generally protect the rights of all Crystal Falls residents while addressing the specific needs of a subdivision.
NOW, THEREFORE, THIS DECLARATION is imposed on and governs all property described in Exhibit C (the "Regime").
The Regime Declarant is CRYSTAL FALLS TOWNHOMES, LP a Texas limited partnership, which is presently the owner and the developer of the Regime. The purposes of these covenants, conditions and restrictions include ensuring the best and highest use and most appropriate development of Crystal Falls; protecting Owners against improper use of
ime. The purposes of these covenants, conditions and restrictions include ensuring the best and highest use and most appropriate development of Crystal Falls; protecting Owners against improper use of surrounding Lots and property; preserving, so far as is practicable, the natural beauty of Crystal Falls; guarding against erection of poorly designed or proportioned structures of improper or unsuitable materials; encouraging erection of attractive Improvements in appropriate locations; and in general, providing for high quality development within the overall structure of Crystal Falls.
AUS 536531895v2 1. DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases shall have the following meanings: 1.01 "Architectural Control Committee" means the architectural control committee of the Association.
1.02 "Articles" means the Articles of Incorporation of the Association, as amended.
1.03 "Assessment" means any assessment, cost or fee levied by the Association under the terms and provisions of this Declaration or any other applicable dedicatory instrument.
1.04 "Association" or "Master Association" means the Crystal Falls Home Owners Association, Inc., a Texas nonprofit corporation, and its successors and assigns.
1.05 "Board" means the Board of Directors of the Association.
1.06 "Bylaws" means the Bylaws of the Association, as adopted by the Board and as amended from time to time, as amended from time to time.
1.07 "Common Areas" and "Common Area" means all real and personal property and Improvements thereon leased, owned, or maintained by the Association for the common use and benefit of the members of the Association. Common Areas may also include any pools, amenity centers, recreational facilities, entrance monuments, security gates,
the Association for the common use and benefit of the members of the Association. Common Areas may also include any pools, amenity centers, recreational facilities, entrance monuments, security gates, perimeter walls, drainage facilities and detention ponds, private roadways and related irrigation systems and landscaping, esplanade and right-of-way landscaping and related irrigation systems, lighting, and any areas lying within public easements or rights-of-way of the property, as determined by the Board as to property outside the Regime or the Regime Declarant as to property in the Regime.
1.08 "Condominium Association" means the The Townhomes at Crystal Falls Condominium Community, Inc., a Texas non-profit corporation.
1.09 "Condominium Declaration" means the Declaration of Condominium for the Townhomes of Crystal Falls, filed of record in the Official Public Records of Travis and Williamson County, Texas, as it may be amended from time to time.
1.10 "Crystal Falls" means (1) all of the land developed from time to time by the Declarant in Williamson and Travis Counties, Texas, (2) all land made subject to any Declaration, including the Regime. Crystal Falls is further described in attached Exhibit A.
1.11 "Declarant" means Lookout Partners, LP., Lookout Development Group, LP., or Key Deer Holdings, LP., each a Texas limited partnership and their assignees, affiliates and other lawful successors in interest, as a declarant under a Declaration.
1.12 "Declarant Control Period" means the period during which Declarant intends to develop or sell any portion of Crystal Falls. The Declarant Control Period will end only Townhomes at Crystal Falls Declaration 2 AUS 536531895v2 upon written notice from the Declarant to the Board that Declarant has developed and
Crystal Falls. The Declarant Control Period will end only Townhomes at Crystal Falls Declaration 2 AUS 536531895v2 upon written notice from the Declarant to the Board that Declarant has developed and sold all of the property intended to be developed and sold by Declarant.
1.13 "Declaration" refers to this Declaration of Covenants, Conditions and Restrictions executed by Regime Declarant and Declarant, and all amendments hereto. The term "Declarations" means all Declarations executed by Declarant or otherwise subjecting property to membership in the Association. A list of Declarations is attached as Exhibit B. Such list may not include all Declarations; it is for reference and illustrative purposes.
1.14 "Improvement" see Section 3.01 for definition.
1.15 "Lot" refers to any platted Lot in Crystal Falls. "Lots in Crystal Falls" refers to all lots in Crystal Falls.
1.16 "Member" means any member in the Association.
1.17 "Owner'' means any person holding a fee simple interest in a Unit or any portion thereof, excluding Regime Declarant; a mortgagee is not an Owner.
1.18 "Property" means all of the land developed by Declarant or its Affiliates in Crystal Falls or otherwise subjected to membership in the Association, including the Regime.
Declarant may at any time during the Declarant Control Period add land to or withdraw land from Crystal Falls, including adding additional sections to existing subdivisions.
1.19 "Regime" means all property to be known as The Townhomes at Crystal Falls, as further described in Exhibit C.
1.20 "Regime Architectural Control Committee" means the architectural control committee appointed by the Regime Declarant during the Regime Declarant Control Period as
further described in Exhibit C.
1.20 "Regime Architectural Control Committee" means the architectural control committee appointed by the Regime Declarant during the Regime Declarant Control Period as further defined in this Declaration, that is to review and process applications for approval of construction and alterations in the Regime during the Regime Declarant Control Period. Until a Regime Architectural Control Committee is established, Regime Declarant is the Regime Architectural Control Committee. After the expiration of the Regime Declarant Control Period, the Architectural Control Committee of the Association shall be the Regime Architectural Control Committee and in such event references herein to the Regime Architectural Control Committee shall mean the Architectural Control Committee. References to the "Architectural Control Committee" as opposed to the "Regime Architectural Control Committee" refer to the Architectural Control Committee of the Association.
1.21 "Regime Declarant" refers to CRYSTAL FALLS TOWNHOMES, LP., a Texas limited partnership and its assignees, Affiliates and other lawful successors in interest, as the declarant of this Declaration. The term "Affiliates" means any entities owned, controlled, affiliated, or under material common management or ownership of Regime Declarant, or any entities Regime Declarant contracts with to finance and temporarily own a model home or speculative home not under contract to a homebuyer. From and after the Regime Declarant Control Period, the rights and remedies retained by Regime Declarant in this Declaration are vested in Declarant or the Association, at the election of the Declarant. Prior to the expiration of the Regime Declarant Control Period, Regime
es retained by Regime Declarant in this Declaration are vested in Declarant or the Association, at the election of the Declarant. Prior to the expiration of the Regime Declarant Control Period, Regime Declarant may relinquish to the Association a particular right or remedy.
Townhomes at Crystal Falls Declaration 3 AUS 536531895v2 1.22 "Regime Declarant Control Period" means the period during which the Regime Declarant owns and intends to develop or sell any portion of the Regime, as further defined in the Declaration. The Regime Declarant Control Period will end automatically at such time as Regime Declarant does not own any property within the Regime.
1.23 "Unit" means a physical portion of the Regime designated by the Condominium Declaration for separate ownership, the boundaries of which are further described in the Condominium Declaration.
1.24 "Voting Representatives" shall mean and refer to the representatives selected by the Owners of Units in the Regime and owners of lots or· units in other subdivisions in Crystal Falls to perform the functions herein created to be performed by Voting Representatives.
2. GENERAL PROVISIONS AND RESTRICTIONS 2.01 Nuisance and Hazardous Activities. No activities shall be conducted in the Regime and no Improvements shall be constructed or allowed to remain in the Regime, which are or might be unsafe or hazardous to any person or Crystal Falls. Without limiting the generality of the foregoing, (a) no firearms shall be discharged in any part of the Regime, (b) no explosives shall be kept or used in any part of the Regime (other than in the ordinary course of construction of Improvements thereon), (c) no open fires shall be lighted or permitted, and (d) no toxic or hazardous substances shall be dumped or
of the Regime (other than in the ordinary course of construction of Improvements thereon), (c) no open fires shall be lighted or permitted, and (d) no toxic or hazardous substances shall be dumped or discharged into any part of the Regime. Nothing shall be done or kept in the Regime, which would materially increase rates of insurance or cause the cancellation of insurance on any Unit or any of the Improvements located thereon.
2.02 Mining and Drilling. No portion of the Regime shall be used for mining, quarrying, drilling, boring, exploring for, removing or producing oil, gas or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, earth or other minerals of any kind.
2.03 Temporary Structures. No temporary or portable structure or building may be placed in the Regime without the prior written approval of the Association, except for structures or buildings placed by Regime Declarant. Temporary structures necessary for storage of tools and equipment and for office space for architects, builders and foremen during actual construction of residences and sales trailers may be approved by the Association or Regime Declarant.
2.04 Sanitary Sewers. No outside, open or pit type toilets are permitted in the Regime.
Except for port-a-toilets, bladders and temporary holding tanks used during construction, all dwellings constructed in the Regime, prior to occupancy, must connect to the sewage disposal system of the City of Leander, Texas.
2.05 Property Rights. Every Owner and the other owners in Crystal Falls shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas (except as to portions thereof designated by the Regime Declarant as Regime Limited
in Crystal Falls shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas (except as to portions thereof designated by the Regime Declarant as Regime Limited Common Elements, or other portions of the Common Areas reserved for use by fewer than all Members as further defined in an instrument filed of record in the applicable Townhomes at Crystal Falls Declaration 4 AUS 536531895v2 county), which shall be appurtenant to and shall pass with the title to every Lot or Unit, subject to the following provisions: (a) Common Areas Use. As to Common Areas, the right of the Association to charge reasonable admission, use, maintenance, and other fees for the use of any Improvement now or hereafter situated or constructed upon the Common Areas and to impose reasonable limits on the number of guests who may use those facilities; (b) Voting. The right of the Association to suspend an Owner's right to use the Common Areas for any period(s) during which any Assessment against that Owner's Unit remains unpaid, and for infractions by an Owner or his tenants or invitees of the restrictive covenants contained in this Declaration, the Bylaws, the declaration of any other subdivision within Crystal Falls, the rules and regulations, or any other governing document, for the duration of the infraction; (c) Easements. As to Common Areas, the right of the Association to grant easements in and to the Common Areas to any public agency, authority or utility for such purposes as benefits the property or portions thereof and Owners or Lots contained therein; (d) Borrowings and Lien. As to Common Areas, the right of the Association, by majority vote of the Board, to borrow money for the purpose of improving the
thereof and Owners or Lots contained therein; (d) Borrowings and Lien. As to Common Areas, the right of the Association, by majority vote of the Board, to borrow money for the purpose of improving the Common Areas, or any portion thereof, for acquiring additional Common Areas, or for constructing, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a mortgage covering all or any portion of the Common Areas outside the Regime (or, after the Regime Declarant Control Period, Common Area within the Regime). The lien and encumbrance of any such mortgage given by the Association shall be subject and subordinate to any and all rights, interests, options, easements, and privileges reserved or established in this Declaration for the benefit of the Association, the Regime Declarant, or Owner, or the holder of any mortgage irrespective of when executed, given by Regime Declarant or any Owner encumbering any Unit or other property located within the Regime; (e) Dedications. As to Common Areas, the right of the Board, acting on behalf of the Association, to dedicate or transfer all or any portion of the Common Areas outside the Regime (or, after the period of Regime Declarant Control, Common Area within the Regime) to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Association; (f) Rules and Regulations; Enforcement. The right of the Board, acting on behalf of the Association to prescribe rules and regulations as they may be expanded, amended or otherwise modified. Each Owner, by acceptance of a deed, acknowledges and agrees that the use and enjoyment and marketability of the
prescribe rules and regulations as they may be expanded, amended or otherwise modified. Each Owner, by acceptance of a deed, acknowledges and agrees that the use and enjoyment and marketability of the Owner's Unit may be affected by this provision and that the rules and regulations may change from time to time. The Board has the authority to enforce the Declarations, the Bylaws, and the rules and regulations of the Association by all appropriate means, including but not limited to the imposition of fines, damage assessments (for damages caused by Owner or his or her residents, guests, Townhomes at Crystal Falls Declaration 5 AUS 536531895v2 tenants or invitees) and liens. An Owner found to have violated the Declaration, Bylaws, rules and regulations or other governing documents shall be liable to the Association for all damages and costs, including reasonable attorney's fees, collection costs, costs of court and other costs; and (g) Transfer Fee. The right of the Board to charge a transfer fee to be set from time to time by the respective Board (but not less than $100) on each sale or transfer of a Lot or Unit. However, no transfer fee may be charged on Lots or Units sold by Regime Declarant.
2.06 Easements and Access. Easements for installation and maintenance of roadways, sidewalks, trails, traffic control devices, entry monumentation, landscape amenities, water quality and stormwater detention, retention, and drainage facilities, and utilities are reserved as shown on the recorded map or plat of the Regime. Within these easements, no structure, planting, fence or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or, in the
thin these easements, no structure, planting, fence or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or, in the case of drainage easements, which may change or impede the direction or flow of water through drainage channels in such easements. Neither the Regime Declarant, Association nor any utility company using the easements herein shall be liable for any damage done by them or their assigns, agents, employees or servants to shrubbery, streets or flowers or other property of the Owners or others claiming through Owners, situated on the land covered by said easements. There is hereby created an easement and right of ingress and egress across, over, and under the Regime in favor of Regime Declarant, Declarant and Association for the sole purpose of installing, replacing, repairing, and maintaining all facilities for roadways, sidewalks, trails, traffic control devices, entry monumentation, landscape amenities, water quality and stormwater detention, retention, and drainage facilities, and utilities, including, but not limited to, water, sewer, telephone, cable TV, electricity, gas, and appurtenances thereto. An easement is hereby extended and acknowledged to all police, fire protection, ambulance, garbage and trash collector pickup vehicles and all similar persons to enter upon the Common Areas and Regime Limited Common Areas in performance of their duties.
Each Lot or Unit is conveyed subject to all easements, conditions and reservations shown on the Regime plat or plan and each Owner shall take notice of all such easements, conditions, and reservations. No Owner shall maintain any condition or
l easements, conditions and reservations shown on the Regime plat or plan and each Owner shall take notice of all such easements, conditions, and reservations. No Owner shall maintain any condition or Improvements in any platted easement, which will significantly interfere with the intended use of the easement.
3. USE, MAINTENANCE AND CONSTRUCTION RESTRICTIONS 3.01 Architectural Control. The Regime Architectural Control Committee shall have the sole authority for the review and approval of plans and specifications for the first Unit to be constructed, erected or placed on any building site of the Regime and any Improvements constructed prior to or contemporaneously with the first residence constructed, erected or placed and completed on any portion of the Regime (collectively, a "First Residence") as provided in Section 3.01 B below. Except for a First Residence, the Architectural Control Committee shall have the sole authority for the review and approval of plans and specifications for all Improvements constructed, erected or placed on any portion of the Regime and any exterior additions or changes or alterations Townhomes at Crystal Falls Declaration 6 AUS 536531895v2 proposed to be made to any Unit or after completion of a First Residence as provided in Section 3.01 B below.
A. Regime Architectural Control Committee.
During the Regime Declarant Control Period, the Regime Declarant has the sole right to act as or to appoint all members of the Regime Architectural Control Committee. The Regime Architectural Control Committee shall be free from liability for actions within the scope of the Regime Architectural Control Committee's function. Persons serving on the Regime Architectural Control Committee shall serve until removed by the Regime
m liability for actions within the scope of the Regime Architectural Control Committee's function. Persons serving on the Regime Architectural Control Committee shall serve until removed by the Regime Declarant or until they resign. Any member may resign at any time for any reason and such resignation shall be effective upon notice thereof to the Regime Declarant. The Regime Declarant shall appoint subsequent members of the Regime Architectural Control Committee within 60 days.
Upon the expiration of the Regime Declarant Control Period or the earlier assignment by Regime Declarant to the Architectural Control Committee of its right to appoint the Regime Architectural Control Committee, the Architectural Control Committee shall assume the duties of the Regime Architectural Control Committee.
B. Approval of First Residence by Regime Architectural Control Committee.
No First Residence shall be constructed, erected or placed on any Unit prior to written approval by the Regime Architectural Control Committee as to quality and workmanship and materials, harmony of external design and location in relation to surrounding structures and topography, and compliance with this Declaration.
For purposes of this Declaration, "lmprovement{s)" is defined as every structure and all appurtenances of every type and kind, whether temporary or permanent in nature, including, but not limited to, buildings, outbuildings, storage sheds, patios, tennis or sport courts, recreational facilities, swimming pools, putting greens, garages, driveways, parking areas and/or facilities, storage buildings, sidewalks, fences, gates, screening walls, retaining walls, stairs, patios, decks, walkways, mailboxes, yard art, poles, signs,
garages, driveways, parking areas and/or facilities, storage buildings, sidewalks, fences, gates, screening walls, retaining walls, stairs, patios, decks, walkways, mailboxes, yard art, poles, signs, antennae, exterior air conditioning equipment or fixtures, exterior lighting fixtures, water softener fixtures or equipment, and poles, pumps, walls, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities. Landscaping is not considered an Improvement, and prior review and approval of landscape plans is not necessary, but all landscaping must comply with any landscape guidelines (the "Landscape Guidelines") for the Regime adopted by Regime Declarant, Declarant, or Board, a copy of which is available from the Regime Architectural Control Committee and the Association.
Final plans and specifications for a First Residence, including site plan, must be submitted to and approved in writing by the Regime Architectural Control Committee prior to any construction of a First Residence. Plans and specifications for the First Residence (but not exterior additions or changes or alterations) shall be filed with the Regime Architectural Control Committee by delivery to the office of . the Regime Architectural Control Committee at such other location as the Regime Architectural Control Committee may designate. Approval may be granted by a single signature on Townhomes at Crystal Falls Declaration 7 AUS 536531895v2 the final, complete construction plans by any of the Regime Architectural Control Committee members (or by Regime Declarant if Regime Declarant is serving as Regime Architectural Control Committee). In the event that a fully completed Regime
any of the Regime Architectural Control Committee members (or by Regime Declarant if Regime Declarant is serving as Regime Architectural Control Committee). In the event that a fully completed Regime Architectural Control Committee application is submitted as provided herein, and the Regime Architectural Control Committee shall fail either to approve or reject, in writing, such application for a period of 30 days following receipt of such submission, then such approval is presumed.
C. Crystal Falls Architectural Control Committee.
The Regime is part of a larger master planned community, Crystal Falls. Crystal Falls has one master association, the Association hereunder, and may have separate architectural control committees ("ACCs") for each subdivision. The Architectural Control Committee and each ACC shall be free from liability for actions within the scope of such ACC's function.
During the Declarant Control Period, the Declarant has the sole right to act as or to appoint all members of the ACC, including the Architectural Control Committee pursuant to this Declaration. Persons serving on the Architectural Control Committee shall serve until removed by the Declarant or until they resign. Any member may resign at any time for any reason and such resignation shall be effective upon notice thereof to the Declarant. The Declarant shall appoint subsequent members of the Architectural Control Committee within 60 days.
After the Declarant Control Period has ended, the Board may appoint separate ACCs for various defined portions of Crystal Falls. In the absence of such appointment by the Board, the Voting Representatives from such subdivision will serve as the ACC for that subdivision.
D. Approval of Renovations and Additions by Architectural Control Committee.
such appointment by the Board, the Voting Representatives from such subdivision will serve as the ACC for that subdivision.
D. Approval of Renovations and Additions by Architectural Control Committee.
Except for a First Residence approved by the Regime Architectural Control Committee pursuant to Section 3.01 B above, no building or any structure or Improvements shall be constructed, erected or placed on any portion of the Regime nor shall any exterior additions or changes or alterations be made to any Unit or completed First Residence without obtaining the prior written approval of the Architectural Control Committee as to quality and workmanship and materials, harmony of external design and location in relation to surrounding structures and topography, and compliance with this Declaration and other applicable dedicatory instruments.
Final plans and specifications, including site plan, for any such building, structure or Improvements or any additions or changes or alterations thereto must be submitted to and approved in writing by the Architectural Control Committee prior to any construction, renovation, or alteration (except as to a First Residence approved by the Regime Architectural Control Committee pursuant to Section 3.01 B above (a "Renovation or Addition"). Such plans and specifications shall be filed with the Architectural Control Committee by delivery to the office of the Architectural Control Committee at 1001 Crystal Falls Parkway, or such other location as the Architectural Control Committee may designate. Approval may be granted by a single signature on the final, complete Townhomes at Crystal Falls Declaration 8 AUS 536531895v2 renovation plans by any of the Architectural Control Committee members (or by the
l may be granted by a single signature on the final, complete Townhomes at Crystal Falls Declaration 8 AUS 536531895v2 renovation plans by any of the Architectural Control Committee members (or by the Declarant if the Declarant is serving as Architectural Control Committee). In the event that a fully completed Architectural Control Committee application is submitted as provided herein, and the Architectural Control Committee shall fail either to approve or reject, in writing, such application for a period of 30 days following such submission, then approval is presumed. Landscaping is not considered an Improvement, and prior review and approval of landscape plans is not necessary, but all landscaping must comply with the landscape guidelines (the "Landscape Guidelines") for the Regime adopted by Regime Declarant, Declarant, or Board, a copy of which is available from the Regime Architectural Control Committee and the Association.
3.02 Residential Regime. Except as expressly provided in this Declaration to the contrary, each Unit will (a) be used exclusively for single-family residential purposes and (b) contain only Improvements approved by the Regime Architectural Control Committee as to each First Residence or the Architectural Control Committee as to a Renovation or Addition that are compatible with and generally found in single-family residential subdivisions. No more than one primary residence may be constructed on each Unit.
3.03 Business Activities. No part of the Regime shall be used or improved for any purpose except for one detached dwelling unit for one family, in conformity with this Declaration, the Association's rules, and all applicable state, county and municipal laws, rules,
improved for any purpose except for one detached dwelling unit for one family, in conformity with this Declaration, the Association's rules, and all applicable state, county and municipal laws, rules, regulations, codes or ordinances. Provided, however, "Home Occupations" accessory to residential use, as permitted in single family residential zoning districts under the zoning jurisdiction of the City of Leander, Texas, shall be permitted on the property, but only to the extent that any such Home Occupation is in compliance with the applicable zoning regulations of the City of Leander, as amended, and is additionally in compliance with the following limitations: A. The Home Occupation shall be conducted entirely within a dwelling unit which is the bona fide residence of the practitioner(s).
B. No person other than a person who resides in the dwelling unit shall participate in the Home Occupation on the premises.
C. The residential character of the Unit shall be maintained. Neither the interior nor the exterior of the dwelling Unit shall be structurally altered so as to require compliance with non-residential construction codes to accommodate the Home Occupation. No additional buildings shall be added on the property to accommodate the Home Occupation.
D. The Home Occupation shall not generate customer related vehicular traffic in excess of three vehicles per 24-hour day.
E. No direct selling of merchandise shall occur on the property.
F. No equipment or materials associated with the Home Occupation shall be displayed or stored where visible from neighboring property or from any street.
Townhomes at Crystal Falls Declaration 9 AUS 536531895v2 G. The Home Occupation shall not produce external noise, vibration, smoke, dust,
ed where visible from neighboring property or from any street.
Townhomes at Crystal Falls Declaration 9 AUS 536531895v2 G. The Home Occupation shall not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste run-off outside the dwelling Unit.
H. No vehicle used in connection with the Home Occupation which requires a commercial driver's license to operate shall be parked in the Regime or on any street adjacent to the Regime.
I. The Home Occupation shall not be advertised by any signs on the property, nor shall the street address of the Home Occupation be advertised through signs, internet, billboards, television, radio, newspapers or otherwise.
J. Nothing herein shall be construed to allow the following businesses or occupations as Home Occupations: animal hospitals, animal breeding, clinics, hospitals, contractors' yards, dancing schools, junk yards, lodging-house residential uses, massage parlors, restaurants, rental outlets, or vehicle repair shops.
3.04 Minimum Setback Lines. No structure of any kind and no part thereof shall be placed within the setbacks shown on the Regime plat or map or otherwise identified in the Declaration.
3.05 Litter, Rubbish, Debris and Garbage Pickup. No litter, refuse piles, rubbish, debris, or trash (other than that to be timely picked up by a collection/disposal or recycling service) shall be kept or stored in / on any Unit; and no odors shall be permitted to arise there from so as to render that Unit or any portion thereof unsanitary, offensive, detrimental or a nuisance to any other nearby Property or to its occupants. Refuse, garbage and trash shall be kept at all times in covered containers with tightly fitting lids; and except at times
e, detrimental or a nuisance to any other nearby Property or to its occupants. Refuse, garbage and trash shall be kept at all times in covered containers with tightly fitting lids; and except at times of pickup, such containers shall be kept to the rear of each residence. No trash may be put out more than 12 hours prior to collection. All trash containers shall be returned to the rear of the residence within 12 hours after pickup and must be stored out of view from adjoining streets, residences and Common Areas. All Owners desiring street-side trash pick-up, hereby agree to contract with a common trash disposal service chosen by the Regime Declarant or the Association after competitive bids are secured and reviewed by Regime Declarant or the Association. The purpose of the contract review will be to provide a savings to all Owners through a "bulk" subdivision-wide contract.
Trash may be collected at least weekly and under no circumstance shall trash be disposed of through burning or burying on any Unit.
3.06 Sports/Recreational Facilities. To the extent such are permitted under the Condominium Declaration and Declaration, swimming pools, children's play structures, swing sets and similar permanent or semi-permanent sports/recreational facilities must be located to the rear of the primary residence on a Unit and not readily visible from the street; basketball, sport courts and tennis courts must be located behind the primary residence and will not be illuminated for nighttime play, unless approved by the Regime Architectural Control Committee (as to a First Residence) or the Architectural Control Committee (as to a Renovation or Addition). Portable basketball goals on wheels must be located no more than 10 feet from the garage and shall never be located on any
nce) or the Architectural Control Committee (as to a Renovation or Addition). Portable basketball goals on wheels must be located no more than 10 feet from the garage and shall never be located on any street. Additionally, the Architectural Control Committee reserves the right to limit the Townhomes at Crystal Falls Declaration 10 AUS 536531895v2 quantity or direct the placement of children's playground equipment that it deems excessive or inappropriately located on lots contiguous to the Common Areas.
3.07 Mobile Homes. Except as provided herein, no mobile homes, modular homes or manufactured housing shall be parked or placed on any part of the Regime or used as a residence, either temporary or permanent, at any time. Sales or construction trailers approved by the Association or Regime Declarant will be allowed.
3.08 Antennae, Satellite Dishes, Wind Generators, Permanent Flagpoles.
A. Antennae. The Regime Architectural Control Committee and the Architectural Control Committee discourage the use of satellite dishes and would recommend that homeowners take advantage of the cable services provided in the community to avoid excessive clutter to home elevations. No exterior radio or television antenna, or aerial or satellite dish receiver, or other devices designed to receive telecommunication signals, including, but not limited to, radio, television, or microwave signals which are intended for cable television, network television reception, or other entertainment purposes shall be erected or maintained, except within the attic of the main residential structure on any Unit, except that one satellite dish (or similar instrument or structure) which is one meter or smaller in diameter may be erected on the rear side of the roof ridge line
residential structure on any Unit, except that one satellite dish (or similar instrument or structure) which is one meter or smaller in diameter may be erected on the rear side of the roof ridge line of a home as long as it is completely screened from view from any street, alley, park or other public area. No antennae or other similar devices (except as expressly permitted under the preceding sentence) shall be permitted on the roof of any structure located on any Unit. Variances to this subsection (A) may be made in order to require with applicable law.
B. Tanks. No exterior propane tanks, other than propane tanks contained within or attached to residential barbecue units, butane tanks, or other tanks of any kind or nature shall be placed or maintained upon any Unit.
C. Wind Generators. Wind generators are not allowed.
D. Flagpoles. Flags and their mounting devices must be installed in accordance with applicable rules of the Association. Where context requires, a Unit herein shall be treated as a lot as referenced under the rules, including for purposes of flag installations.
E. Solar Panels. All solar panels or other solar collection devices must be approved in writing by the Regime Architectural Control Committee (as to a First Residence) and the Architectural Control Committee (as to a Renovation or Addition) prior to construction and/or installation on the Unit. All solar panels or other solar collection devices shall be constructed as an integral part of the architectural design of any Improvement.
3.09 Peripherals, Screening. Firewood piles, storage piles of other materials, storage facilities, mechanical equipment (including swimming pool pumps and filters), clotheslines, and other peripherals allowed hereunder shall be located in the rear of the
iles of other materials, storage facilities, mechanical equipment (including swimming pool pumps and filters), clotheslines, and other peripherals allowed hereunder shall be located in the rear of the Unit and screened so as to be concealed from view of neighboring streets, adjoining Unit owners and any portion of the Common Areas.
Townhomes at Crystal Falls Declaration 11 AUS 536531895v2 3.10 Noise. No loud exterior speakers, horns, whistles, bells or other sound devices ( other than security devices used exclusively for security purposes) shall be located, used or placed on any portion of the Regime. The discharge of fireworks and firearms is prohibited. No leaf blowers or power mowers shall be used before 8:00 am on weekends. These provisions do not apply to noise resulting from the construction of new homes.
3.11 Livestock, Domestic Pets. No animals, including pigs, poultry, fowl, wild animals, horses, cattle, sheep, goats or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained or cared for on the property. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the property other than on the Unit of its Owner unless confined to a leash.
No animal may be stabled, maintained, kept, cared for or boarded for hire or remuneration on the property and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large and all animals shall be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. Such enclosed areas shall be constructed in accordance with plans
als shall be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. Such enclosed areas shall be constructed in accordance with plans approved by the Regime Architectural Control Committee (as to a First Residence) or the Architectural Control Committee (as to a Renovation or Addition), shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Regime. All dogs and cats must be vaccinated according to County requirements and tagged for identification. Owners are responsible for picking up after their pets to maintain the health and safety of other residents. A maximum of four domestic pets (defined as dogs and cats), exclusive of unweaned offspring, will be allowed on any Unit.
3.12 Commercial Trucks. Tractor-trailer type trucks, dump trucks, other trucks larger than one ton, other similar large commercial-type trucks or construction machinery or equipment shall not be parked on any Unit at any time, except temporarily while such machinery or vehicle is being used to construct Improvements in the Regime. No such vehicles, trucks or machinery may be left overnight on any street in the Regime.
3.13 Construction Activities. This Declaration is not to prevent or unreasonably interfere with normal construction activities during the construction of Improvements (including Regime Declarant) upon any Unit in the Regime. Construction activities shall not be deemed to constitute a nuisance or a violation of this Declaration by reason of normal noise, dust, presence of vehicles or construction machinery, posting of signs or similar
activities shall not be deemed to constitute a nuisance or a violation of this Declaration by reason of normal noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that plans for such construction are approved by Regime Architectural Control Committee (as to a First Residence) and the Architectural Control Committee (as to a Renovation or Addition), and is pursued to completion with reasonable diligence. In no event shall any structure be allowed to remain uncompleted for more than one year after construction has commenced. In addition, during construction of any structure, the contractor shall be required to keep adjoining roadways, roadway easements and thoroughfares free from debris and mud.
No construction material of any kind may be placed on another Unit or on the roadway for any amount of time. All builders/contractors shall provide convenient access to PortTownhomes at Crystal Falls Declaration 12 AUS 536531895v2 A-Potty facilities for all employees and sub-contractors. In the event that construction upon any Unit does not conform to the requirements set forth herein or otherwise does not conform to usual good construction practices in the area as determined by the Regime Architectural Control Committee (as to a First Residence) or the Architectural Control Committee (as to a Renovation or Addition). The Association shall have the authority to seek and obtain an injunction to stop such construction. In addition, if during the course of construction on any Unit there is windblown debris and/or excessive accumulation of debris of any kind which becomes unsanitary, unsightly, offensive or detrimental to the Unit or to any other portion of the Regime, then the Association may
own debris and/or excessive accumulation of debris of any kind which becomes unsanitary, unsightly, offensive or detrimental to the Unit or to any other portion of the Regime, then the Association may arrange for such debris to be removed; and the Owner of the Unit shall be liable for all expenses incurred in connection therewith. An Owner shall additionally be held responsible and liable for any and all damages to the property caused by the Owner's contractor or subcontractors including but not limited to roadways, gates, signs and fences. In the event of default in the payment of such sums within 30 days after demand therefore has been made, the Owner of the Unit shall be obligated to pay interest at the highest lawful rate on all sums due hereunder, and all costs of court, other costs and fees, including late fees and reasonable attorneys' fees. All such amounts will be a lien against the Unit enforceable in accordance with this Declaration.
The Association may assess fines against an Owner and the Owner's Unit related to construction activity infractions outlined herein or the Bylaws, Rules, or any other governing document. In addition to all other requisites outlined herein and in other governing documents, the following rules shall apply, and the Association shall have the authority to amend these rules from time to time: 1. No construction is to commence until written approval of Improvements and the related site plan is given from the Regime Architectural Control Committee (as to a First Residence) or the Architectural Control Committee (as to a Renovation or Addition).
2. Speed limit is 25 miles per hour.
3. General cleaning of construction site must occur daily.
4. Units adjacent to the job site are not to be encroached upon with silt fence, debris
on or Addition).
2. Speed limit is 25 miles per hour.
3. General cleaning of construction site must occur daily.
4. Units adjacent to the job site are not to be encroached upon with silt fence, debris building material or trash bins.
5. As each Unit is private property, construction workers are not allowed on any other Unit other than their own site.
6. No adjacent Unit is to be used for access to, or parking for, the building site.
7. No changing oil on any vehicle or equipment on a Unit.
8. Concrete supplies and contractors must not clean their equipment on any Unit other than the jobsite or a designated site approved by Regime Architectural Control Committee.
9. No removing any plant material, topsoil or similar items from any property of others.
10. No burning of any type.
11. No construction materials (including dirt, gravel, wood, brick, etc.) may be placed on a roadway.
12. No parking of construction vehicles or equipment is allowed anywhere except on a roadway and on the driveway of the Unit upon which work is being performed.
Vehicles parked on a roadway may not have any part of the vehicle extending off of the roadway (for example, no tire may be off of the roadway itself -a vehicle cannot be parked partially on the roadway and partially on a Unit.).
Townhomes at Crystal Falls Declaration 13 AUS 536531895v2 3.14 Stored Motor Vehicles, Junk. Non-operational, abandoned, unlicensed or junked motor vehicles may not be stored on any Unit or street in the Regime unless enclosed in a garage on such Unit. An abandoned or junked motor vehicle is one without a current, valid state inspection sticker and license plate. No junk, refuse or debris of any kind or character, or dilapidated structure or building of any kind or character, may be kept or
e without a current, valid state inspection sticker and license plate. No junk, refuse or debris of any kind or character, or dilapidated structure or building of any kind or character, may be kept or allowed to remain on any Unit. Accessories, parts or objects used with cars, boats, buses, trucks, trailers, house trailers or the like, shall not be kept on any Unit other than in a garage or similar enclosed structure. Storage of equipment, materials or any other product is strictly prohibited prior to construction of primary residence. Any vehicle under repair or any vehicle that is being restored must be kept in a garage or similar enclosed structure.
3.15 Signs. Unless otherwise provided herein only signs, billboards or other advertising devices displayed by Regime Declarant (or any related real estate entity controlled or permitted by the Regime Declarant) shall be displayed to the public view on any Unit or the Common Areas, except: 1. "For Sale" signs -improved property prior to occupancy. Realtors or Owners' representatives may display one for sale sign of not more than six square feet on a Unit improved with a residence to advertise the Unit and the residential structure situated thereon for sale; 2. Builder signs. During the Regime Declarant Control Period, builders may place one temporary construction sign only to aid contractors on locating the site on lots under construction. Builder signs shall be no larger than six square feet.
3. "For Sale" signs -unimproved property. One "For Sale" sign of not more than six square feet is allowed to advertise an unimproved Unit.
4. Common Areas signs. The Association and Regime Declarant may display such signs, as they may deem necessary for the efficient use of the Common Areas or
is allowed to advertise an unimproved Unit.
4. Common Areas signs. The Association and Regime Declarant may display such signs, as they may deem necessary for the efficient use of the Common Areas or beneficial to the Association's members. Only signs approved by the Association or the Regime Declarant may be placed in the Common Areas of the Regime.
5. Signs in medians/right-of-ways. No signs of any nature, other than those permitted in writing by the Regime Declarant for the purpose of directing traffic for new home and unit sales, shall be located in the esplanades and right of ways in the Regime.
6. Model home signage. All signage associated with model homes shall be approved by the Regime Declarant, shall be no more than 25 square feet in size, and will be landscaped appropriately for a first class community.
7. Signs relating to scholastic activities. One sign per child in support of the Unit Owner's or resident's child's or children's' scholastic or athletic activities is allowed on a Unit.
8. "For rent"l'For lease" signs. No "For Rent" or "For Lease" signs are allowed anywhere on any Unit.
Townhomes at Crystal Falls Declaration 14 AUS 536531895v2 9. Sign removal. The Association is specifically granted the right to enter on any Unit to remove signs not permitted by this Declaration.
No signs of any character displayed in the Regime shall be of the "home made" variety, and all signs displayed must be neat and orderly in appearance. No sign or banner of a derogatory or negative nature will be allowed at any time anywhere in the Regime. Only those signs described in this Section 3.15 are allowed in the Regime.
3.16 Sight Distance at Intersections. No fence, wall, hedge or shrub, which obstructs sight
any time anywhere in the Regime. Only those signs described in this Section 3.15 are allowed in the Regime.
3.16 Sight Distance at Intersections. No fence, wall, hedge or shrub, which obstructs sight lines of any street, shall be placed or permitted to remain on any Unit.
3.17 Land Clearing. Cut or piled brush on occupied Unit must be disposed of within 24 hours of cutting. Approved disposal methods are: on site chipping or hauling to an off site location for burning or composting. No burning of brush is allowed in the Regime or in the City of Leander.
3.18 Water Run-Off. Nothing shall be erected, placed, maintained, done or permitted to remain on any Unit which interferes with surface water runoff in such a manner as to cause such water run-off to be diverted to any material degree across any other Unit or which causes flooding or erosion to any other Unit or Common Areas or to any street or Common Areas. Any soil that is imported to a Unit must be immediately covered with sod or contained with silt-fence to prevent silt, run-off or erosion from a Unit.
3.19 City of Leander Water Line, Water Supply. Each residence will be required to purchase water through the City of Leander, which will have public utility easements containing water lines in the Regime.
3.20 Buses, Trailers and Boats. No bus, trailer, boat, travel trailer, recreational vehicle or motor home shall be left parked on any street in the Regime, except for construction and repair equipment used for the construction or repair of a residence, and no such vehicle shall be parked on a Unit in such a manner as to be visible from the street unless fully enclosed in a garage.
3.21 Fencing and Walls. The Regime Declarant seeks and encourages a uniformity of
vehicle shall be parked on a Unit in such a manner as to be visible from the street unless fully enclosed in a garage.
3.21 Fencing and Walls. The Regime Declarant seeks and encourages a uniformity of appearance in height and materials of all fences and walls. Therefore, no fence shall be painted without approval of the Regime Architectural Control Committee (as to a First Residence) and the Architectural Control Committee (as to a Renovation or Addition).
All fences and walls must be fully repaired and maintained in a presentable manner as interpreted by the Architectural Control Committee. Any fence or wall that leans out of line with an adjoining fence or wall is specifically in need of immediate repair. "Out of line" will be further defined as any portion of a fence or wall that leans so that the fence or wall's axis is more than five degrees out of perpendicular alignment with its base. Any repair or replacement of a fence or wall shall be made in the same manner in which it was originally constructed.
3.22 Maintenance and Assessment of Private Roadway Easement and Other Areas in the Regime ("Regime Assessments"). The Association or its designee shall have the obligation to provide comprehensive general liability insurance in an amount necessary to adequately protect the Association and its officers and directors, and shall further have the obligation to maintain, levy and collect assessments for insuring and Townhomes at Crystal Falls Declaration 15 AUS 536531895v2 maintaining all internal private roadway easements located in the Regime (collectively, the "Private Roadway Easements" and the roads thereon "Private Roadways"), as those Private Roadway Easements are depicted on the Regime plat or map, and any
ments located in the Regime (collectively, the "Private Roadway Easements" and the roads thereon "Private Roadways"), as those Private Roadway Easements are depicted on the Regime plat or map, and any entry gates or other devices controlling access (the "Entry Facilities") to the Private Roadway Easements. The Association shall levy assessments ("Regime Assessments") against each Unit (other than Common Area and Units owned by Declarant or Regime Declarant) in the Regime for the cost of such insurance and the maintenance of the Private Roadways, the Private Roadway Easements, Entry Facilities, Common Area landscaping within the Regime, and all other costs reasonably associated with the Regime as the Board determines appropriate. The City of Leander shall have the power and the authority to judicially enforce the covenants herein requiring the Association to maintain and repair the Private Roadways and the Private Roadway Easements and to levy and collect adequate assessments for the maintenance and repair of the Private Roadways and the Private Roadway Easements (the "Private Roadway Covenants"). The City of Leander is hereby designated as a representative under Section 202.004(b), Texas Property Code, and may enforce the Private Roadway Covenants by specific performance or other equitable legal remedy in any court of competent jurisdiction, and the City of Leander shall have the right to recover any attorney fees and other expenses incurred in such judicial enforcement. This paragraph shall not create in the City of Leander any affirmative duty to police, control, or enforce the Private Roadway Covenants or to maintain the Private Roadway Easements or the Private Roadways.
Costs for the periodical flushing of sewer force mains located in the private roadway
ol, or enforce the Private Roadway Covenants or to maintain the Private Roadway Easements or the Private Roadways.
Costs for the periodical flushing of sewer force mains located in the private roadway easement during a two-year period after initial installation shall be paid by the Association. After two years the costs for flushing services and maintenance of force mains shall be borne by the City of Leander. Further, an express easement is hereby granted across the Private Roadways and any adjoining Common Areas for the use of the surface for all governmental functions, vehicular and non-vehicular, including fire and police protection, electrical, gas and water utilities and cooperatives, solid and other waste material pickup, and any other purpose any governmental authority deems necessary, and the Association further agrees that all government entities, their agents or employees shall not be responsible or liable for any damage occurring to the surface of the Private Roadways and Common Area as a result of vehicles performing governmental functions traversing over same.
Declarant and Regime Declarant are building aesthetically pleasing roads of a rural nature that may not comply with City of Leander specifications in all respects. The City of Leander will not assume responsibility for any road maintenance, and the roads will remain private into perpetuity. Neither Declarant, Regime Declarant, Association nor the City of Leander has any duty to remove snow, ice, or other conditions that may render some roads impassable in severe weather. The Private Roadway Easements shall not be dedicated to or maintained by the City of Leander. The speed limit throughout the Property is 25 miles per hour. However, the board may by rule lower or raise the
rivate Roadway Easements shall not be dedicated to or maintained by the City of Leander. The speed limit throughout the Property is 25 miles per hour. However, the board may by rule lower or raise the speed limit for part or all of the Property, and may, but has no duty to, post speed limit signage on the Property. Compliance with all safety requirements is the responsibility of each individual Owner. The Association has no duty to enforce but may in its discretion enforce in any manner appropriate (including fines for violations when warranted in the sole discretion of the Board), any traffic, safety, or other rule or deed restriction.
Townhomes at Crystal Falls Declaration 16 AUS 536531895v2 The Regime Assessments shall be apportioned equally among all Units in the Regime as further provided in Section 5.01. The Regime Assessments must be deposited in a separate account from other Association funds so as to accrue over time and shall be used only for the purposes stated herein. Beginning the first day of the first month after the City of Leander's issuance of certificate of completion for the Private Roadways, the Regime Assessments shall be two hundred forty nine dollars and 12 cents ($249.12) per Unit per calendar year (prorated the first year as appropriate). The Regime Assessments may be adjusted by the Board from time to time as required to maintain the Private Roadways, Private Roadway Easements, and other Regime-specific items as contemplated herein. To secure payment of such charges as levied on the individual Units, there shall be reserved in each deed (whether specifically stated therein or not) by which the Regime Declarant shall convey such Units, a vendor's lien for the benefit of
ied on the individual Units, there shall be reserved in each deed (whether specifically stated therein or not) by which the Regime Declarant shall convey such Units, a vendor's lien for the benefit of the Association, said lien to be enforceable through appropriate proceedings at law and foreclosable by non-judicial foreclosure as set forth and in accordance with the Texas Property Code; provided, however, that each such lien shall be secondary, subordinate and inferior to all liens, present and future, given, granted to and/or created for or at the instance of a valid purchase money lender to secure payment of funds advanced or to be advanced on account of the purchase price and/or the construction of improvements on any such Unit. The Owner of a Unit is obligated to pay the Regime Assessment regardless of whether the Owner actually receives a bill, invoice, or other notice.
Any damage to the roadways or Association property as a result of the land clearing, moving or construction process shall become the immediate responsibility and obligation of the Unit Owner for repair. In the event of non-payment for damage as specified herein, said amount, including all fees required for collection as determined by the Association, shall be assessed against the Unit and shall be collected from the Unit Owner in accordance with the Assessment provisions and lien rights referenced herein.
This Section 3.22 shall not be amended without the advance written consent of the Regime Declarant during the Regime Declarant Control Period.
3.23 Land Clearing. In an effort to preserve the natural beauty and integrity of the Regime, no Unit or tract shall be clear-cut of all native foliage and/or vegetation. Cut or piled
t Control Period.
3.23 Land Clearing. In an effort to preserve the natural beauty and integrity of the Regime, no Unit or tract shall be clear-cut of all native foliage and/or vegetation. Cut or piled brush on occupied or non-occupied lots must be disposed of within 24 hours of cutting.
Approved disposal methods are on site chipping or hauling to an off-site location for burning or composting. No burning of brush is allowed in the Regime or in the City limits of Leander. All landscaping on all Units (other than Common Areas) must comply with the Landscape Guidelines.
3.24 Swimming Pools. To the extent swimming pools may be allowed under the Condominium Declaration or Declaration, above ground swimming pools are not allowed under any circumstances. Traditional in-ground pools must be located to the rear of the primary residence and require written approval of Regime Architectural Control Committee (as to a First Residence) or the Architectural Control Committee (as to a Renovation or Addition) and a security fence approved by the City of Leander.
3.25 Window Air Conditioners. No window air conditioners shall be permitted to be used, erected, placed, or maintained on or in any building in any part of the Regime, provided that the Architectural Control Committee may, at its discretion, permit window air conditioners if such unit, when installed, shall not be easily visible from a street, such permission to be granted in writing.
Townhomes at Crystal Falls Declaration 17 AUS 536531895v2 3.26 Variances. Any variance or deviation from any of these restrictions must be approved in writing by Regime Architectural Control Committee (as to a First Residence) or the Architectural Control Committee (as to a Renovation or Addition).
from any of these restrictions must be approved in writing by Regime Architectural Control Committee (as to a First Residence) or the Architectural Control Committee (as to a Renovation or Addition).
3.27 Additions to and Withdrawal from Crystal Falls. The Declarant may add or annex additional land into Crystal Falls, or withdraw land from Crystal Falls at any time. A Notice of Addition of Land may be but need not be combined with a Declaration. A Declaration may be amended or recorded at any time by the Declarant during the Declarant Control Period including without limitation to impose additional restrictions or limit restrictions on specific areas of land in the Property, including the Regime.
With the written consent of Declarant, Regime Declarant may at any time during the Regime Declarant Control Period withdraw land from Crystal Falls and remove any deed restriction previously imposed by Regime Declarant on the withdrawn property (including any declaration or other governing documents) by filing of record in the appropriate county records a notice of withdrawal of land along with a legal description of the withdrawn lands and the terms of the withdrawal.
3.28 Utility Easements, Underground Utility Requirements. Regime Declarant, for and on behalf of itself and the Association, reserves easements for installation and maintenance of any and all utilities and drainage facilities as shown on the proposed Regime plat. The easements are for the purpose of installing, using and maintaining public utilities. The easements are for the general benefit of Crystal Falls and the Owners and are reserved and created in favor of all utility companies serving Crystal Falls. Utility lines will be
public utilities. The easements are for the general benefit of Crystal Falls and the Owners and are reserved and created in favor of all utility companies serving Crystal Falls. Utility lines will be installed in the public utility easements along the roadways as indicated on the plat. In the general interest of protecting the view scapes and reducing visual clutter, all electrical, cable and phone lines shall be installed underground from the utility company feeds. The Association is responsible for the maintenance of street lights, poles and signs, and will assess fines to any homeowner damaging said structures.
3.29 Seasonal Lighting. Decorative holiday lighting shall not be permitted earlier than Thanksgiving and must be removed no later than January 15.
3.30 Storage/Out Buildings. No prefabricated storage or "out" buildings will be allowed in the Regime, except during construction or renovation. All storage and out buildings must have written approval of Regime Architectural Control Committee (as to a First Residence) and the Architectural Control Committee (as to a Renovation or Addition) and be built onsite, on a concrete slab foundation, behind the residence, be architecturally similar in appearance and of the same construction, color scheme, masonry requirement, and materials as the residence on that Unit. These accessory, storage and out buildings may be constructed to within 10 feet of the rear property line as noted on the plat.
3.31 Yard Art. No Owner shall be allowed to place or maintain excessive amounts of freestanding outside structures of an artistic nature, which are visible from any street.
Typical yard art includes but is not limited to: statues, concrete birdbaths, fountains,
excessive amounts of freestanding outside structures of an artistic nature, which are visible from any street.
Typical yard art includes but is not limited to: statues, concrete birdbaths, fountains, windmills, animal figures or abstract man-made sculptures. Artistic use of native rocks found on-site is encouraged. Appropriate uses for native rocks include tree wells, dry stack berms, retaining walls and rock walkways.
Townhornes at Crystal Falls Declaration 18 AUS 536531895v2 3.32 Electrical On-Ground Transformers, Utility Meters, Pedestals and Air Conditioning Units. All land-based electric, cable, gas meters, transformers, pedestals, pool equipment, etc., and residential air conditioning units which are visible from any street shall be screened by the Owner using evergreen vegetation while leaving some access for service. Plant materials for screening must be large enough at installation to provide immediate screening.
3.33 Exterior Site Lighting. Permanent exterior lighting is to be minimized to avoid "light pollution" on starry nights, encourage "dark" skies and to maintain a rural, private atmosphere for all residents. Any exterior lights installed must be designed to conceal the source of the light. No bare lamps shall be visible from any street or from adjoining neighbors. Soffit and tree lights shall be shielded or directed toward vegetation to eliminate off-site glare and source visibility. HID, sodium, or mercury vapor yard lights are not allowed. Incandescent, low voltage incandescent, metal halide, quartz and natural gas lights are allowed. The intent is to avoid security lights that are illuminated all night. Colored lenses, or colored light bulbs, fluorescent and neon lighting are not
halide, quartz and natural gas lights are allowed. The intent is to avoid security lights that are illuminated all night. Colored lenses, or colored light bulbs, fluorescent and neon lighting are not allowed. Owners desiring exterior security lighting shall install motion detectors on any lights which spill onto any portion of any neighboring home, lot, or street. These restrictions for permanent exterior site lighting do not apply to decorative/seasonal lighting as described in Section 3.29. Free standing decorative light pole fixtures are acceptable, but must be approved by the Owners are encouraged to learn more about light pollution and proper outdoor lighting options by visiting www.darksky.org.
3.34 Mailboxes. To maintain an uncluttered roadside appearance, no individual mailboxes will be allowed on any Unit unless approved by the Architectural Control Committee.
3.35 Landscaping and Lawn Maintenance. DECLARANT'S VISION: Crystal Falls is located near the site of Whitestone Quarry. The remains of the quarry office now house a mail center at the entrance to Grand Mesa at Crystal Falls. When the quarry was abandoned decades ago, a mosaic of huge limestone slabs were left to naturally weather in the elements. The developers are making every effort to artfully recycle thousands of these rocks in high impact areas throughout the community. Homeowners are encouraged to help amplify the "old quarry" theme in their landscape plan with boulders, dry stack entries, retaining walls and limestone edgings around large tree stands. The landscape goal of each home site is to have it blend in with its neighbors and the surrounding environs. The front yard should have an amorphous, natural looking landscape that
large tree stands. The landscape goal of each home site is to have it blend in with its neighbors and the surrounding environs. The front yard should have an amorphous, natural looking landscape that blends uniformly with the neighbor's landscape. The sod, grasses and plants should be massed and curvilinear, mimicking nature. Simply planting sod from property line to property line and creating a grid like street scene should not be the goal. The community motivation should be towards retaining the natural look and feel of the hill country.
Except as set forth in the Condominium Declaration, any Owner or occupant of any residence shall have the duty of and responsibility for keeping the property they own or occupy, and the Improvement thereon, in a well maintained, safe, clean, and attractive condition at all times. By way of example, such maintenance shall include, but not be limited to: maintenance of all visible exterior surfaces of the Improvements and prompt removal of paper, debris, and refuse; removal of any grease/oil stains from driveway or roadway; removal of dead and diseased trees and plantings from the property, and prompt replacement of dull and/or peeling paint from the exterior of the Improvements.
Townhomes at Crystal Falls Declaration 19 AUS 536531895v2 Each Owner shall keep all shrubs, trees, grass and plantings of every kind on such Owner's Unit (including any Greenbelt platted as part of such Owner's Unit and any greenbelt located between such Owner's Unit and any public or private roadway) cultivated, pruned, watered, mowed and free of trash, weeds and other unsightly material. The Association has discretion to determine whether a Unit is being maintained in a neat and attractive appearance.
vated, pruned, watered, mowed and free of trash, weeds and other unsightly material. The Association has discretion to determine whether a Unit is being maintained in a neat and attractive appearance.
Owner shall promptly treat oak trees on their Unit that show symptoms of oak wilt or other life-threatening diseases in a manner consistent with good horticultural practice.
3.36 Garage Sales. Garage sales, yard sales or estate sales of any character are not allowed under any circumstance.
3.37 Address Numbering/Identification. For 911 emergency purposes, homeowners shall have visible address identification on their property. The address identification shall be professionally mounted to the residence. Approved materials for address numbering are metal, iron, steel, brass, ceramic tile or etched masonry. Common adhesive backed numbers are not acceptable.
3.38 Retaining Walls and Decorative Rock Features. The Regime Architectural Control Committee (as to a First Residence) and the Architectural Control Committee (as to a Renovation or Addition) shall be entitled to require the construction of retaining walls on each Unit, the location of which shall be determined by the Regime Architectural Control Committee (as to a First Residence) or the Architectural Control Committee (as to a Renovation or Addition) in its sole and absolute discretion. Retaining walls visible from the street shall be constructed in dry-stack or mortared limestone. Retaining walls faced in limestone are required at any driveway slope cuts which results in slope steeper than 1 :3 gradient. Retaining walls not visible from any street may be constructed with landscape timbers or other approved material which is structurally engineered to
which results in slope steeper than 1 :3 gradient. Retaining walls not visible from any street may be constructed with landscape timbers or other approved material which is structurally engineered to withstand the weight and load of the specific retaining wall. The maintenance and repair of any retaining walls, including retaining walls that are constructed in whole or in part in the private street right-of-way, shall be the sole obligation of the Owner of the Unit on or adjacent to which the retaining wall is located. This does not apply to walls constructed by Regime Declarant during road construction which will be maintained by the Association. The Owner's failure to maintain any retaining wall located upon the Owner's Unit in good repair shall be a violation of this Declaration, subject to the Association's powers of enforcement granted by the Declaration. Any rock features or walls installed by Regime Declarant or Association regardless of location may not be removed or altered without Association or Regime Declarant approval in writing.
3.39 Window Coverings. No buildings on the Units shall have temporary interior window coverings of any character at any time. This includes, but is not limited to, paper, aluminum foil, bed sheets, flags or plastic sheeting. All interior window coverings shall be of traditional design/appearance of quality materials as interpreted by the Architectural Control Committee. No exterior burglar bars will be permitted on any doors, windows or other openings on a dwelling in the Regime.
3.40 Parking. No ongoing parking of automobiles or any other type of vehicle or machinery will be permitted on any street in the Regime at any time. No vehicle may be parked on
dwelling in the Regime.
3.40 Parking. No ongoing parking of automobiles or any other type of vehicle or machinery will be permitted on any street in the Regime at any time. No vehicle may be parked on the street for longer than 10 hours in any 24-hour period, and in no cases for more than Townhomes at Crystal Falls Declaration 20 AUS 536531895v2 three consecutive days for any length of time, without prior consent of the Association.
Vehicles parked on the street must be parked entirely on the street and not on any part of the Unit or Common Areas other than the street. Parking partially on the street and partially on a Unit is prohibited. Owners are responsible for seeing that their guests, tenants and invitees comply with all governing documents, and are responsible for any fines or other charges assessed due to their guests', tenant's or invitee's violations.
Owners and guests shall make every effort to park in front of Owner's Unit and avoid parking in front of neighboring Units. Vehicles parked on Units must not be parked on dirt or grass and must be confined at all times to garages, driveways, parking pads or improved parking spaces.
3.41 Wastewater Grinder Pumps. Due to topographical reasons, it may be necessary for certain Units to utilize wastewater grinder pumps. In the event any Unit requires a grinder pump, it shall follow the specifications set forth by the City of Leander. The Owner or occupant shall operate and maintain any grinder pump servicing the Owner or Occupant's Unit in good condition and good working order at all times. The duty to maintain the grinder pump shall include repair and replacement of the grinder pump.
Neither the Association, the Regime Declarant nor any government entity (including the
der at all times. The duty to maintain the grinder pump shall include repair and replacement of the grinder pump.
Neither the Association, the Regime Declarant nor any government entity (including the City of Leander or the Texas Commission on Environmental Quality) has any duties with regard to grinder pumps, the grinder pump being the sole responsibility of the Owner.
The duty to operate and maintain the grinder pump in compliance with this Section shall be a covenant running with the land. If, in the opinion of the Association, the Owner or occupant is failing in any duty or responsibility including maintenance and repair duties outlined in this Section or elsewhere in the Bylaws, Rules, or other governing documents, then the Association may give the Owner or occupant, or both, notice of such fact, and the Owner or occupant must, within five days of such notice, undertake the care and maintenance required to restore the Unit, Improvements, or both, to a safe, clean, properly functioning, and attractive condition. If the Owner or occupant fails to fulfill this duty and responsibility after such notice, then the Association shall have the right and power, but not the obligation, to perform such care and maintenance, and the Owner and/or occupant shall be liable for the cost of any such work and shall promptly reimburse the Association for the cost thereof. If neither Owner nor occupant reimburses the Association within 30 days after receipt of a statement for the cost of such maintenance, the amount of such maintenance cost shall constitute a lien on the Unit on which the work was performed and shall be enforceable as any other assessment lien in the manner provided for in this Declaration.
3.42 Sex Offenders/Criminal Record Prohibited: Leasing.
n the Unit on which the work was performed and shall be enforceable as any other assessment lien in the manner provided for in this Declaration.
3.42 Sex Offenders/Criminal Record Prohibited: Leasing.
A. Residing In or Frequenting. In the interest of protecting the residents of Crystal Falls, creating a family type environment, and protecting Crystal Falls values, no registered sexual offender on any state, local, or other governmental list or registry shall be allowed to reside in or frequent Crystal Falls. This applies to all residents, including owners, family members of owners, tenants and guests.
Any such offender found to be residing in or frequenting the community ("residing in or frequenting" for this purpose will be defined as using a dwelling in the community for a permanent or temporary residence or being on the property for any length of time more than 3 days in any one month) will be considered an automatic violation, subjecting the property owner to fines and other enforcement action.
Townhomes at Crystal Falls Declaration 21 AUS 536531895v2 If an offender residing in the community is an Owner, the Owner must immediately, within five days after receipt of notice, relocate out of Crystal Falls.
A violation of this provision will give rise to the following rights of the Association and Regime Declarant: (1) the right of injunction to enforce this provision; and (2) the right to require a sale of the residence to the Association at Association's option, at 85% of the county tax appraisal value of the property; and (3) all other rights under this Declaration and other law. Any one or more of these remedies may be used in combination with another.
B. Required Due Diligence. In addition to the requirements of Section 3.42.A
her rights under this Declaration and other law. Any one or more of these remedies may be used in combination with another.
B. Required Due Diligence. In addition to the requirements of Section 3.42.A above, prior to leasing to anyone or allowing anyone except the Owner or his family to occupy the Owner's dwelling, an Owner must exercise due diligence not to lease or allow occupancy to a person who has a conviction or deferred adjudication history of any crime that may pose a serious potential risk of injury to other residents. This includes (but is not limited to) such crimes as rape, molestation, sexual assault, indecent exposure, indecency with a child, kidnapping, or arson. It is the Owner's responsibility to determine the best way to exercise that due diligence. As a part of Owners' due diligence, Owners must obtain a report based on Texas Department of Public Safety criminal records, as well as taking any other actions needed to prudently screen your prospective tenants and occupants for criminal history. (Criminal reports may be purchased from the DPS website at www.txdps.state.tx.us).
Owners must provide proof of such screening upon request of the Association.
Owners failing to perform pre-screening of all tenants and occupants will be subject to automatic fines. Upon request, the Owner must provide the Association a copy of any lease in existence at the time of adoption of this provision.
The Association shall have a right, but not the obligation, to evict any tenant or any family member or guest of the owner if such person is found by the Association to have a history of a crime described in this subparagraph (B), according to official public records. Additionally, the Association shall have a
f the owner if such person is found by the Association to have a history of a crime described in this subparagraph (B), according to official public records. Additionally, the Association shall have a right, but not the obligation, to evict any tenant or any family member or guest of the owner if such person is found by the Association to have substantially and repeatedly violated the Association's rules regarding noise, nuisances, noxious odors, or other rules relating to safe enjoyment of the property by other owners and their family, tenants, and guests. In this regard, the Association shall be deemed an "aggrieved party" for eviction suit purposes and the Association shall be entitled to possession (i.e., dispossession of the particular offending person) of the dwelling subject to the condition that if the Association does recover possession in an eviction suit, the Association shall upon execution of a writ of possession immediately relinquish possession of the dwelling to the dwelling's Owner and shall not enter the dwelling. The Owner will be responsible for all costs associated with such eviction.
4. THE ASSOCIATION 4.01 Organization. The Association is a Texas non-profit corporation.
Townhomes at Crystal Falls Declaration 22 AUS 536531895v2 4.02 Membership.
Upon becoming an Owner of a Unit, a person shall automatically become a member of the Association, and shall continue to be a member so long as he remains an Owner.
Membership in the Association is mandatory, appurtenant to, and shall run with the ownership of the Unit. Membership in the Association may not be severed from the ownership of a Unit or in any way transferred, pledged, mortgaged, or alienated except with the fee simple title to a Unit. Regime Declarant is also a member of the
ciation may not be severed from the ownership of a Unit or in any way transferred, pledged, mortgaged, or alienated except with the fee simple title to a Unit. Regime Declarant is also a member of the Association. Property owners in other Crystal Falls subdivisions are also members of the Association, in accordance with the covenants, conditions and restrictions specifically written for those subdivisions. Declarant may add additional subdivisions to Crystal Falls and to the Association.
4.03 Voting Rights and Registration.
A. Classes of Membership. The Association has two classes of membership (1) Class A. The Class A members shall be Regime Declarant and all Owners, with the exception of Declarant, and shall be entitled to one vote for each Unit owned. When more than one person holds an interest in a Unit, all such persons shall be members. The votes for such Unit shall be exercised as they, among themselves determine, but in no event shall more than one vote be cast with respect to any Unit for Class A members.
Owners in other subdivisions of Crystal Falls shall also be Class A members according to their respective declarations of covenants, conditions and restrictions.
(2) Class B. The Class B members are Declarant, its successors and assigns, and Declarant is entitled to four votes for each platted lot (or if a condominium, designated unit) owned by it in Crystal Falls (see plan attached as Exhibit A and on file with the City of Leander). Class B membership of Declarant ceases and converts automatically to Class A membership when all property in Crystal Falls is sold to someone other than the Declarant or when Declarant voluntarily converts its membership to Class A membership by executing and filing a Statement of Conversion
all property in Crystal Falls is sold to someone other than the Declarant or when Declarant voluntarily converts its membership to Class A membership by executing and filing a Statement of Conversion to Class A membership in the Williamson County and Travis County Official Public Records.
(3) Election of Board. Notwithstanding the voting rights described in this Section 4.03.A, Declarant has the right to appoint all Board members until Declarant has sold 75% of the lots in the property that Declarant intends to develop or sell in Crystal Falls, and Declarant shall have the right to elect a majority of the Board members for so long as Declarant owns any of Crystal Falls (all as further described in the Bylaws). The remaining Board members not elected or appointed solely by Declarant shall be elected by the Voting Representatives as further described herein and in the Bylaws.
B. Exercise of Voting Rights. Except as otherwise specified in this Declaration or the Bylaws, the vote for each Unit in the Regime owned by a Class A member Townhornes at Crystal Falls Declaration 23 AUS 536531895v2 shall be exercised by the majority vote of the Voting Representatives representing the Regime, as provided herein and further described in the Bylaws.
(For example, if there are 50 Units in the Regime, the Regime's Voting Representatives, by majority vote of the Voting Representatives of the Regime, will determine how the votes allocated to all Units are voted). The Voting Representatives, by majority vote, may cast all such votes as they, in their discretion, deem appropriate; provided, unless the Board otherwise permits, the Voting Representative shall cast all of the votes which they are entitled to cast as a block and shall not split the votes.
C. Voting Representatives.
provided, unless the Board otherwise permits, the Voting Representative shall cast all of the votes which they are entitled to cast as a block and shall not split the votes.
C. Voting Representatives.
(1) Representative Voting System. Due to the number of lots and unit anticipated to be developed in Crystal Falls, the Crystal Falls governing documents provide for a representative system of voting. The Owners of lots or units within each subdivision shall elect Voting Representatives to cast all Class A votes attributable to their lots or units on all Association matters requiring a membership vote, except as otherwise specified in this Declaration or the Bylaws. Voting Representatives are elected for a three-year term. However, after the Declarant Control Period has ended, Owners in the Crystal Falls, by majority vote of Owners present and voting in person or by proxy, may alter the term of the Voting Representatives and provide for staggered terms for the Voting Representatives.
(2) Election of Voting Representatives. The first election of Voting Representatives from each subdivision shall occur within one year after the sale of the first Lot or condominium unit in the Regime to a person other than a builder constructing a home for sale. Thereafter, the Board shall call for an election of Voting Representatives as necessary (for example, if all Voting Representatives have a non-staggered three year term, meetings for election need only be called every three years) either by written ballots cast by mail, computer, or at a meeting of the Class A members within such subdivision, as the Board determines. Upon written petition signed by Class A members holding at least 20% of the votes attributable to lots within any subdivision, the election of such subdivision
ch subdivision, as the Board determines. Upon written petition signed by Class A members holding at least 20% of the votes attributable to lots within any subdivision, the election of such subdivision shall be held at a meeting. Candidates for election as Voting Representatives may be nominated by the Board, a nominating committee which the Board may appoint, or from the floor at any meeting at which such election is to be held. However, during the Declarant Control Period, the Regime shall have sole authority to nominate Voting Representatives for election.
(4) Quorum. The presence, in person or by proxy, or the filing of ballots by Class A members representing at least 25% of the total Class A votes attributable to lots or units in the Voting Representative voting group as assigned by subsection (6) below shall constitute a quorum at any such meeting or election. In the event of a failure to obtain a quorum or vacancy in such positions, the Board may appoint a Voting Representative to represent such subdivision until a successor is elected.
Townhomes at Crystal Falls Declaration 24 AUS 536531895v2 (5) Election; Term. For any Regime vote, including a vote to elect Voting Representatives, each Class A Member of the Regime shall be entitled to one vote for each Unit which such Owner owns in the Regime. The candidates who receive the greatest number of votes for Voting Representatives shall be elected as Voting Representatives. The Voting Representative shall serve a term of three years and until their successors are elected.
(6) Number. The Declarations provide for the election of 14 Voting Representatives within particular subdivision development areas of Crystal Falls. The number of Voting Representatives for each of the
6) Number. The Declarations provide for the election of 14 Voting Representatives within particular subdivision development areas of Crystal Falls. The number of Voting Representatives for each of the Crystal Falls subdivision development areas and the Regime are allocated as follows. For purposes of Voting Representatives, the Regime shall be considered a section of the Fairways: The voting groups for Voting Representatives are as follows: (a) Grand Mesa. Grand Mesa Sections 1-4 (Section 4 is also known as The Bluffs), and all Grand Mesa sections subsequently added, will elect a combined total of five Voting Representatives.
(b) The Fairways. The Fairways, and all future Fairways sections subsequently added, will elect a combined total of three Voting Representatives.
(c) The Boulders. The Boulders, and all future Boulders sections subsequently added, will elect a combined total of three Voting Representatives).
(d) The Highlands. The Highlands, and all future Highlands sections subsequently added, will elect a combined total of three Voting Representatives.
(7) Removal; Replacement. Any Voting Representative may be removed, with or without cause, upon the vote or written petition of Owners of a majority of the total number of lots or units owned by Class A members in the voting group which the Voting Representative represents. In the event that the position of a Voting Representative becomes vacant (due to removal, sale of a lot or unit, death, resignation, or otherwise), his or her successor shall be appointed by majority vote of the remaining Voting Representatives for the voting group. Replacements appointed in this manner shall serve out the remaining term of the person they replaced.
However, during the Declarant Control Period, any replacement
epresentatives for the voting group. Replacements appointed in this manner shall serve out the remaining term of the person they replaced.
However, during the Declarant Control Period, any replacement appointed must first be approved by the Declarant in writing. Declarant may add or remove Voting Representatives, or otherwise re-assign Voting Representatives by amendment as further provided herein.
Townhomes at Crystal Falls Declaration 25 AUS 536531895v2 D. Registration with the Association. In order that the Association can properly determine voting rights each Owner and resident shall have an affirmative duty and obligation to originally provide to the Association, and thereafter revise and update, within fifteen days after a material change has occurred, information determined by the Board, such as: (a) the full name and address of each Owner, resident and any fiduciary for same; (b) the business address, and telephone number of each person; (c) the description and license plate number of each automobile owned or used by a such person and brought within Crystal Falls; (d) the name, address and telephone numbers of other local individuals who can be contacted (in the event the such person cannot be located) in case of an emergency; and (e) such other information as may be reasonably requested from time to time by the Association. In the event any Owner or resident of Crystal Falls fails, neglects or refuses to so provide, revise and update such information, then the Association may, but is not required to, use whatever means it deems reasonable and appropriate to obtain such information and the offending Owner and resident shall become automatically jointly and severally liable to promptly reimburse the Association for all reasonable costs and expenses incurred in so
such information and the offending Owner and resident shall become automatically jointly and severally liable to promptly reimburse the Association for all reasonable costs and expenses incurred in so doing.
4.04 Powers and Duties. The Association shall have all the powers of a Texas nonprofit corporation, subject only to such limitations upon the exercise of such powers as are expressly set forth in this Declaration or the Articles of Incorporation for such Association. The Association shall further have the power to do, perform and delegate any and all acts which may be necessary, desirable or proper for or incidental to the exercise of any of the powers expressly granted to it by the laws of Texas or by this Declaration. Except where expressly provided to the contrary by this Declaration or by other applicable law, all management and decision making of the Association shall be by its Board. Without in any way limiting the generality of the three preceding sentences, the each of the Association (acting through its Board) shall have the following powers and duties: A. Assessments and Collections. The Association shall levy and collect Assessments. In furtherance of its duty and authority to collect Assessments and other sums due the Association, the Board may establish payment policies, set due dates, impose and enforce penalties (including late fees and collection fees), and take all other lawful action necessary or appropriate for collection of Assessments and all other sums owed to the Association.
8. Rules and Bylaws. The Association may promulgate, amend, repeal and/or re enact the Bylaws and such rules and policies not in conflict with this Declaration, as it deems proper, covering any and all aspects of its functions, including the
romulgate, amend, repeal and/or re enact the Bylaws and such rules and policies not in conflict with this Declaration, as it deems proper, covering any and all aspects of its functions, including the use, occupancy, and preservation of Association property. The Board may adopt rules for the purpose of administering the Association, including obtaining compliance by Owners and their family, guests, invitees and tenants with the Declarations, the Bylaws, and the provisions of any other law or applicable rule.
Where context requires, a Unit as described herein shall be treated as the equivalent of a Lot or lot as described in the rules (for example for flag installation purposes).
Townhomes at Crystal Falls Declaration 26 AUS 536531895v2 C.
D.
E.
F.
G. Records. The Association shall keep books and records of the Association's affairs and make such books and records, together with current copies of the Declarations, available for inspection by the Owners, and/or other properly interested persons upon reasonable request, during normal business hours.
Professional Services. The Association may retain and pay for management, legal, accounting, engineering, and other professional services necessary or proper in the operation of the Association.
Contractsj Property Ownership. The Association may enter into contracts and may acquire, own, lease, and dispose of all manner of real and personal property on such terms as the Board shall in the exercise of reasonable business judgment deem advisable, provided however, that a majority vote of the all Voting Representatives is required to sell any Common Areas.
Discretionary Enforcement. If an Owner or other person with standing complaints of a violation of the Declarations or Bylaws and the Board determines
resentatives is required to sell any Common Areas.
Discretionary Enforcement. If an Owner or other person with standing complaints of a violation of the Declarations or Bylaws and the Board determines that the alleged violation is of doubtful character and/or of such limited scope or impact as not to warrant the expenditure of Association funds, the Board may decline to enforce such violation and leave enforcement to the complaining party.
Frivolous Complaints. The Association shall not be required to expend time or other resources on patently frivolous, unmeritorious, or harassing complaints; and the Association may recover all of its costs, including reasonable attorney's fees, for responding to or defending against such complaints/requests.
4.05 Rights and Remedies.
A. Protective Actions. The Association shall have the power and authority, in its own name and on behalf of itself and the Owners, to commence, maintain, or defend legal actions to enforce or construe the Declarations or Bylaws or its rules and regulations or its actions or to restrain and enjoin any breach or threatened breach of the Declarations or Bylaws or its rules and regulations or other governing documents. The Association may assess fines, file liens, file and defend suits for injunctive relief, damages, and/or other relief on behalf of the Association and/or the Owners or the Board. Relief includes, without limitation, removal or modification of any Improvement constructed or modified in violation of the Declaration.
The Association may enter onto any Unit in the Regime owned by an Owner containing a violation of the Declarations, Bylaws, or other governing documents, and perform work (including removal or modification of unauthorized
nter onto any Unit in the Regime owned by an Owner containing a violation of the Declarations, Bylaws, or other governing documents, and perform work (including removal or modification of unauthorized Improvements) in order to bring the Unit into compliance, and the cost of such work shall be assessed to the Owner's Unit and the Owner shall also be personally liable for such cost. If any Owner or his residents, tenants, invitees or guests causes damage to the Common Areas, the Association may repair the Common Areas and the cost of such work shall be assessed to the Owner's Unit and the Owner shall also be personally liable for such cost. The Association is also authorized to assess fines, settle claims, enforce liens, and take all other action that it deems necessary or reasonable and expedient to enforce the Townhomes at Crystal Falls Declaration 27 AUS 536531895v2 Declarations or Bylaws and/or to carry out the duties of the Association or the Board set forth in the Declarations, articles, or Bylaws. The Association may enforce all duties and obligations now and/or hereafter imposed by the declaration or the Bylaws by all lawful means.
8. Collection Charges. The Association may assess late charges and collection charges for late payment of amounts due the Association, and returned check charges for each returned check. These charges shall not exceed any maximum charge permitted under applicable law.
C. Attorney's Fees. If a delinquent account or other violation is turned over to an attorney, the delinquent Owner shall be liable for all costs and attorney's fees incurred by the Association in collection, filing liens, foreclosing liens, releasing liens, prosecuting lawsuits, and/or otherwise enforcing or interpreting the rules
or all costs and attorney's fees incurred by the Association in collection, filing liens, foreclosing liens, releasing liens, prosecuting lawsuits, and/or otherwise enforcing or interpreting the rules and policies of the Association, its declaration, and Bylaws. All such sums shall be a continuing lien and charge upon the delinquent Owner's Unit(s), as well as the personal obligation of said Owner; and this obligation may be enforced in the same manner and to the same extent as provided herein for Assessments.
D. Application of Payment. Without notice and regardless of notations or instructions on checks or otherwise, the Association may apply payments made to non-assessment items first, may apply payments to the most delinquent balance, or any method of application deemed appropriate by the Association, to the fullest extent allowed by law.
4.06 Rules and Policies. The Association shall have wide latitude in adopting and implementing rules governing the appearance and use of Units and in establishing policies for enforcement of the Declaration, Bylaws, and other deed restrictions.
5. ASSESSMENTS 5.01 Covenant to Pay Assessments. Each Owner of a Unit in the Regime, excluding Regime Declarant, except as to Regime Assessments (which shall be owed regardless of ownership of the Unit), hereby covenants and agrees to pay to the Association all fees, assessments and costs set out in the Declaration, Bylaws, rules or other governing documents, including but not limited to, (a) Regular Assessments (as defined in Section 5.03 hereof), (b) Regime Assessments as further described herein including Sections 3.22 and 5.04 hereof, (c) Special Assessments (as defined in Section 5.06 hereof), (d) late charges, collection costs and attorney's fees (as specified in Section 5.08 hereof),
rein including Sections 3.22 and 5.04 hereof, (c) Special Assessments (as defined in Section 5.06 hereof), (d) late charges, collection costs and attorney's fees (as specified in Section 5.08 hereof), and (e) all amounts set out in Section 4.05, and transfer fees, fines, damage assessments, attorneys fees and other amounts as set out in Section 2.06 above for each Unit that he/she owns. All such Assessments and charges shall be established and collected from time to time as herein provided. Each Owner further covenants to pay to the Association reasonable attorney's fees, costs of court, other costs, and expenses incurred in connection with enforcement or defense of this Declaration or collection of Assessments. See also Section 7.04.
5.02 Purpose of Assessments. The Board shall set and levy Assessments, as needed, for the purposes of (a) promoting the comfort, health, safety, and welfare of the Owners, Crystal Falls, and the subdivisions, (b) enforcing and defending the Declarations, the Townhornes at Crystal Falls Declaration 28 AUS 536531895v2 Association, the Board, the rules and policies and the Bylaws, and (c) promoting the purposes of the Association as stated herein or as provided in the articles or Bylaws.
5.03 Regular Assessments. In addition to the Regime Assessment applicable only to lots or units within a particular subdivision, there shall be an initial "Regular Assessment" set by the Board (except Common Areas and lots or units owned by the Declarant or the Regime Declarant). The Regular Assessment for each Unit in the Regime shall be equivalent to the regular assessment for each lot in Fairways Section One 1, as such assessments may be set from time to time, and payable in an equal amount by all Units in the Regime.
egime shall be equivalent to the regular assessment for each lot in Fairways Section One 1, as such assessments may be set from time to time, and payable in an equal amount by all Units in the Regime.
Unless otherwise agreed by the Association and the Condominium Association, the Condominium Association shall collect Regular Assessments from the Unit owners and remit such Regular Assessments to the Association. However the Condominium Association has no duty to remit amounts not received from a Unit owner. The due date of Assessments shall be paid either monthly or annually at the discretion of the Board.
An Owner is obligated to pay Assessments regardless of whether the Owner actually receives a bill, invoice or other notice of any such Regular Assessment.
This Section 5.03 shall not be amended without the advance written consent of the Regime Declarant during the Regime Declarant Control Period.
5.04 Regime Assessments. In addition to the Regular Assessments, the Association may levy "Regime Assessments" applicable to Owners of lots or units within a particular subdivision or regime, including the Regime. Regime Assessments must be deposited in a separate account from other funds so as to accrue over time and shall be used only for the purposes stated herein. Regime Assessments shall be subject to adjustment as provided in this Declaration. To secure payment of such charges as levied on the Units, there is reserved in each deed (whether specifically stated therein or not) by which the Regime Declarant shall convey such Units, a vendor's lien for the benefit of the Association, said lien to be enforceable through appropriate proceedings at law and foreclosable by non-judicial foreclosure as set forth and in accordance with the Texas
s lien for the benefit of the Association, said lien to be enforceable through appropriate proceedings at law and foreclosable by non-judicial foreclosure as set forth and in accordance with the Texas Property Code; provided, however, that each such lien shall be secondary, subordinate and inferior to all liens, present and future, given, granted to and/or created for or at the instance of a valid purchase money lender to secure payment of funds advanced or to be advanced on account of the purchase price and/or the construction of Improvements on any such Unit. The Owner of a Unit is obligated to pay the Regime Assessment regardless of whether the Owner actually receives a bill, invoice or other notice.
This Section 5.04 shall not be amended without the advance written consent of the Regime Declarant during the Regime Declarant Control Period.
5.05 Adjustments to Regular Assessments and Regime Assessments. The Regime Assessments and the Regular Assessment may be adjusted by up to 10% per year without authorization of the Owners, and may cumulate said increase over the years if 1 For legal description of Fairways Section 1 and its Regular Assessments as defined in the applicable Fairways declaration, see the documents filed of record in document no. 2005035379 of the Official Public Records of Williamson County Texas and 2005083302 of the Official Public Records of Travis County Texas, as subsequently amended.
Townhomes at Crystal Falls Declaration 29 AUS 536531895v2 the maximum increase is not made each year. See also §3.22 regarding increases in Regime Assessments during Regime Declarant Control Period. Any adjustment of these fees greater than 10% per year (cumulative) must be authorized and approved by a
ee also §3.22 regarding increases in Regime Assessments during Regime Declarant Control Period. Any adjustment of these fees greater than 10% per year (cumulative) must be authorized and approved by a 2/3rds vote of the Voting Representatives. For such increases in Regime Assessments, 2/3rds vote of all Voting Representatives for the voting group in question is required; for such increases in Regular Assessments, 2/3rds vote of all Voting Representatives is required.
5.06 Special Assessments. In addition to the Regular Assessments authorized herein, the Association may, by vote of its members, levy Special Assessments ("Special Assessments") in order to carry out any of the purposes of the Association or otherwise to benefit the Association or Crystal Falls. The due date(s) and delinquent date(s) of any Special Assessment shall be fixed by the resolution authorizing such Special Assessment. For any Special Assessment, Unit owners in the Regime shall be responsible for 60% of any Special Assessment levied on a lot in Fairways Section One.
This Section 5.06 shall not be amended without the advance written consent of the Regime Declarant during the Regime Declarant Control Period.
5.07 Vote Required for Special Assessment. The Special Assessments must be approved by 2/3rds vote of all classes of membership, cast in person or by proxy, at a meeting duly called for such purpose, written notice must given to all members at least 20 days in advance, with the purpose of the meeting and the proposed special assessment.
5.08 Late Charges, Collection Costs and Attorney's Fees. If any Assessment, including Regular or Special Assessments, or any other amount due under the Declarations, Bylaws, rules or other governing documents, is not paid before becoming delinquent, the
es. If any Assessment, including Regular or Special Assessments, or any other amount due under the Declarations, Bylaws, rules or other governing documents, is not paid before becoming delinquent, the Owner responsible therefore may be required to pay a late charge at such rate as the Board may designate. Each Owner shall also be liable for payment of all costs, fees and expenses, including returned check charges, reasonable attorney's fees, and recording fees incurred in collection of Assessments and/or other sums owed by the Owner to the Association or in otherwise enforcing the Declarations, Bylaws, rules or other governing document. Said charges and fees shall be both an obligation of the Owner and the Unit(s) owned by such Owner, running with the land, collectible in the same manner as herein provided for collection of Assessments. An Owner's non-receipt of a statement or other notice that Assessments are due shall not be a defense to the imposition of late charges and other costs of collection, including attorney's fees.
5.09 Violations of Covenants and Restrictions. At the discretion of the Board and without notice, the following schedule may be imposed for Owner violators of this Declaration: A. Standard Violation Process (non-monetary violations).
1st Violation -Warning 2nd Violation -Warning 3rd Violation with Fine -$25.00 4th Violation with Fine -$50.00 5th Violation with Fine -$100.00 Continuous Violations thereafter -$100.00 per day Townhomes at Crystal Falls Declaration 30 AUS 536531895v2 B. Revisions. The Board reserves the right to alter the standard violation process (including the right to reduce or increase the fines) if, in its sole discretion, alternate action is warranted. The Board may adopt an alternate or additional
to alter the standard violation process (including the right to reduce or increase the fines) if, in its sole discretion, alternate action is warranted. The Board may adopt an alternate or additional process to amend or replace the standard process outlined in this Section 5.1 O (including a process for monetary violations) without the necessity of amending this Declaration.
5.1 O Enforcement. If an Owner, or its heirs, executors, administrators, successors, assigns, guests, invitees or tenants, shall violate or attempt to violate any of the restrictions and covenants set forth in this Declaration, it shall be lawful for the Association, Declarant, Regime Declarant, or any Owner subject to this Declaration, to prosecute any proceedings against the person or persons violating or attempting to violate any such restrictions and covenants. The failure of any Owner, guest, invitee or tenant to comply with any restriction or covenant will result in irreparable damage to Regime Declarant, Declarant and other Owners; thus the breach of any provision of this Declaration may not only give rise to an action for damages at law, but also may be enjoined or may be subject to an action for specific performance in equity in any court of competent jurisdiction. In the event an action is instituted to enforce the terms hereof or prohibit violations hereof, and the party bringing such action prevails, then in addition to any other remedy herein provided or provided by law, such party shall be entitled to recover court costs and reasonable attorney's fees. Neither the Regime Architectural Control Committee, the Association, the Architectural Control Committee, the Declarant, nor the Regime Declarant shall be charged with any affirmative duty to police, control or enforce
Architectural Control Committee, the Association, the Architectural Control Committee, the Declarant, nor the Regime Declarant shall be charged with any affirmative duty to police, control or enforce the terms of this Declaration and these duties shall be borne by and be the responsibility of the Owners.
6. LIABILITY AND INDEMNITY 6.01 Liability of Association and Regime Declarant Representatives. Directors, officers, employees, and committee members of the Association, the Declarant, the Regime Declarant and the Regime Architectural Control Committee (collectively the "Association and Regime Declarant Representatives") shall not be liable to any Owner or other person claiming by or through any such person for any act or omission of such Association and Regime Declarant Representative in the performance of his/her Association duties unless such act or omission: (a) is an act or omission not in good faith or that involves intentional misconduct or a knowing violation of law, or (b) involves a transaction from which an officer, or member of the Board of the Association receives an improper personal benefit, whether or not the benefit resulted from an action taken within the scope of the Association's office/position, or (c) is conduct for which the liability of the Association is expressly imposed by a statute.
6.02 Indemnification. The Association shall indemnify and hold harmless every past and present Association and Declarant Representative from all costs, expenses, fees (including attorney's fees}, liabilities, claims, demands, actions and proceedings and all expenses associated therewith unless such indemnity would contravene the provisions of this Declaration or Texas statute. Such indemnification payments shall be a common expense of the Association. This
penses associated therewith unless such indemnity would contravene the provisions of this Declaration or Texas statute. Such indemnification payments shall be a common expense of the Association. This indemnity shall extend to all expenses (including attorney's fees, costs of court, other costs, judgments, fines, and amounts paid in settlement} actually and reasonably incurred by such person in connection with such proceeding if it is Townhomes at Crystal Falls Declaration 31 AUS 536531895v2 found and determined by the Board or a court that such person: (a) acted in good faith and in a manner which such person reasonably believed to be consistent with the best interests of the Association, or (b) with respect to any criminal action or proceeding, had no reasonable basis to believe such conduct was unlawful. The termination of any action, suit or proceeding by settlement, or upon a plea of no/o contendere or its equivalent, shall not of itself create a presumption that the person breached the immediately preceding requirements. The Board may purchase and maintain insurance on behalf of any person who is or was an Association and Regime Declarant Representative against any claim asserted against or incurred by such person in any such capacity or status, whether or not the Association would have the power to indemnify such person against such liability. The premium for such insurance is a common expense, and the Board is authorized and directed to modify the Association's Articles and Bylaws to the extent necessary to facilitate the purchase of such insurance.
6.03 Amendment of Liability and Indemnity Provisions. Notwithstanding any other provision in this Declaration, the Board may amend this Article 6, without the
acilitate the purchase of such insurance.
6.03 Amendment of Liability and Indemnity Provisions. Notwithstanding any other provision in this Declaration, the Board may amend this Article 6, without the concurrence of the members or Mortgagees, in order to conform to changes in applicable law.
7. MISCELLANEOUS 7.01 Construction. This Declaration shall be liberally construed to promote its express and implicit purposes. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion hereof shall not affect the validity or enforceability of any other provision or portion. Unless the context requires a contrary construction, use of the singular, plural, and/or a designated gender shall be of no consequence in construing this Declaration. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any of the sections hereof.
7.02 No Warranty of Enforceability. While Regime Declarant and Declarant have no reason to believe that any of the terms and provisions of this Declaration are in any respect invalid or unenforceable, Regime Declarant and Declarant make no warranty or representation as to the present or future validity or enforceability of any such terms or provisions to any person such warranties are hereby expressly disclaimed. Any Owner acquiring a Unit shall assume all risks of the validity and enforceability thereof and, by acquiring the Unit, agrees to release, indemnify and hold Association, Declarant, Regime Declarant, and its officers, employees, successors and assigns, harmless there from.
rceability thereof and, by acquiring the Unit, agrees to release, indemnify and hold Association, Declarant, Regime Declarant, and its officers, employees, successors and assigns, harmless there from.
7.03 Compliance with Declaration. Each Owner shall comply strictly with the provisions of this Declaration and the rules and policies set by the Association. In addition to all other available remedies, failure to comply with any part of this Declaration may give rise to a cause of action for fines, damages, attorney's fees, and/or injunctive relief.
7.04 Lien for Enforcement. All sums due under this Declaration, the Bylaws, rules, or other governing documents of the Association shall be a continuing lien and charge upon the subject Unit as well as the personal obligation of the Owner and his/her successors in Townhomes at Crystal Falls Declaration 32 AUS 536531895v2 interest. The aforesaid lien shall be superior to all other liens and charges against said Unit, except only for ad valorem tax liens and any amount unpaid on a first mortgage lien of record encumbering the Unit. To evidence the aforesaid lien, the Association may prepare a written notice of lien, setting forth the amount of the unpaid indebtedness, the name of the Owner of the Unit covered by such lien, and a description of the Unit. Such notice shall be signed by an Association Representative and may be recorded in the office of the appropriate County Clerk in Travis and Williamson Counties, Texas. Such lien shall automatically attach upon the filing of this Declaration with the priority set forth above, and the Association may thereafter institute suit against the subject Owner personally and/or for judicial or non-judicial foreclosure of the aforesaid lien. The
ion with the priority set forth above, and the Association may thereafter institute suit against the subject Owner personally and/or for judicial or non-judicial foreclosure of the aforesaid lien. The Association is hereby granted a power of sale for such foreclosure in addition to the power of sale granted by statute.
7.05 Amendment.
Except as set forth in Sections 3.22, 5.03, 5.04 and 5.06, Declarant shall have the sole right to amend this Declaration during the Declarant Control Period.
Except as set forth in Sections 3.22, 5.03, 5.04 and 5.06, after the expiration of the Declarant Control Period, the Declaration may be amended by a 2/3rds vote of the Voting Representatives for the voting group to which the Regime is assigned. However, if the Declaration amendment affects or has the potential to affect lots or units other than Units in the Regime (for example, if language regarding Regular Assessments is to be amended), at least a 75% vote of all Voting Representatives for all subdivisions in Crystal Falls is required.
Either the Declarant or a simple majority of the Voting Representatives for the Regime may amend this Declaration at any time for the sole and strictly limited purpose of making this Declaration comply with financing eligibility requirements of the Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Veterans Administration, Federal Housing Administration, or comparable federal or state agencies.
No amendment to this Declaration shall be effective until it has been recorded in the Official Public Records of Travis and Williamson Counties, Texas. Any amendment to this Declaration shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Declaration, the other Declarations
on Counties, Texas. Any amendment to this Declaration shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Declaration, the other Declarations affecting the Property and shall not materially impair or affect the vested Crystal Falls rights of any Owner or his/her mortgagee.
7.06 Governmental Requirements. By acceptance of a deed to a Unit, or initiating construction of a residence or Improvements to a Unit, each Owner and contractor assumes responsibility for complying with all certifications, permitting, reporting, construction, and procedures required under all applicable governmental rules, regulations, and permits, including, but not limited to those promulgated or issued by the Environmental Protection Agency and related to Storm Water Discharges from Construction Sites (see Federal Register, Volume 57, No. 175, Pages 41176 et seq.), and with the responsibility of ascertaining and complying with all regulations, rules, rulings, and determinations of the Texas Commission on Environmental Quality, related to each Unit, including, without limitation, the provision of chapters 325 and 331, Texas Townhomes at Crystal Falls Declaration 33 AUS 536531895v2 Administrative Code, and any specific rulings made pursuant to the terms thereof. The foregoing references are made for the benefit of builders and contractors and do not in any way limit the terms and requirements of this covenant and the requirement that all Owners and contractors comply with all governmental regulations, and any plan required by such regulations such as Storm Water Pollution Plan, affecting each Unit and construction site with which they are associated, Maximum opacity on all perimeter
al regulations, and any plan required by such regulations such as Storm Water Pollution Plan, affecting each Unit and construction site with which they are associated, Maximum opacity on all perimeter fencing is 50% including delivery to Regime Declarant of a certification of understanding relating to any applicable NPDES permit prior to the start of construction. Each Owner and contractor, by acceptance of a deed to a Unit or undertaking the making of Improvements to a Unit, holds harmless and indemnifies Declarant, Association, and Regime Declarant from all cost, loss or damage occasioned by the failure to abide by any applicable governmental statute, rule, regulation or permit related to the Regime. By acceptance of a deed to a Unit, each Owner agrees that the Association shall have the right to enter upon any Unit on which one or more conditions or activities prohibited by appropriate governmental authority is maintained, or on which there has been a failure to perform any act required by appropriate governmental authority, for the purpose of curing any such violation, provided that the Owner has been given five days prior written notice and has failed to remedy the complained of violation within such time, and each such Owner indemnifies and holds harmless Declarant, Regime Declarant and the Association from all cost and expense of such curative action and any cost or expense of penalty or fine levied by any governmental authority as a result of the act or failure to act of the Owner with respect to his Unit or the Regime. Any such costs or expenses shall be reimbursed, on demand. The Association shall have the right to assert a lien against the property of any Owner who fails to pay any such amount after ten days
gime. Any such costs or expenses shall be reimbursed, on demand. The Association shall have the right to assert a lien against the property of any Owner who fails to pay any such amount after ten days notice. The foregoing remedy shall be cumulative of all other remedies for violations of provisions of these covenants.
Townhomes at Crystal Falls Declaration 34 AUS 536531895v2 IN WITNESS WHEREOF, the undersigned has executed this Declaration on the dates noted below.
STATE OF TEXAS couNTY oF iu1 Ill CLfl!l~o Declarant: LOOKOUT DEVELOPMENT GROUP, LP., a Texas Limited Partnership By: The Lookout Group, Inc., its General Pa By: ~ lasek, Vice President This instrument was acknowledged before me on the 2016, by Jim Plasek in the capacity stated above. I qM day of Qcivl~r ffi:'::,X::JJ\ Notary Public, State of Texas Townhomes at Crystal Falls Declaration AUS 536531895v2 NOTARYPlJBL.ICN1 AND FOR THE STATE OF TEXAS Printed Name: k.eA l,1 A+k.1 v:i , 35 COUNTY OF 1 f().,J iC.. By: By: Regime Declarant: CRYSTAL FALLS TOWNHOMES, L.P., a Texas Limited Partnership Cadence Venture GP, LLC, a Texas Limited Liability Company, its General Partner Ross Allen, Manager This instrument was acknowledged before me on the 2016, by Ro~s Allen in the capacity stated above.
HOLLY PRATHER NOTARY. PUBLIC ~EXPIRES: oe-1~-20"17 Townhomes at Crystal Falls Declaration 36 EXHIBIT A TO DECLARATION SEE EXHIBIT A TO DECLARATION FILED OF RECORD AS DOCUMENT NO. 2015054306 IN THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, INCORPORATED HEREIN BY REFERENCE
36 EXHIBIT A TO DECLARATION SEE EXHIBIT A TO DECLARATION FILED OF RECORD AS DOCUMENT NO. 2015054306 IN THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, INCORPORATED HEREIN BY REFERENCE Townhomes at Crystal Falls Declaration 37 AUS 536531895v2 EXHIBIT 8 TO DECLARATION Townhomes at Crystal Falls Declaration 38 AUS 536531895v2 EXHIBIT B Table of Declarations *Refer to the Declaration document for full property description Doc No Declaration 1 First Corrected, Amended and Restated Declaration of Covenants, Conditions and Restrictions for The Boulders at Crystal Falls Subdivision, Sections One, Two, Three and Four (replaced by Document No. 3 below) 2 Second Amended and Restated Declaration of Covenants for the Boulders at Crystal Falls Sections One, Two and Three (replaced by Document No. 3 below) 3 Third Amended and Restated Declaration of Covenants, Conditions and Restrictions for the Boulders at Crystal Falls Subdivision, Sections 1-5 4 Fourth Amended and Restated Declaration of Covenants, Conditions and Restrictions for the Grand Mesa at Crystal Falls Subdivision, Sections One, Two and Three 5 First Amendment to the Fourth Amended and Restated Declaration of Covenants, Conditions and Restrictions for the Subdivision Name* Boulders Sec 1-4 Boulders Sec 1-3 Boulders 1-5 Grand Mesa Sec 1-3 Grand Mesa Sec 1-3 Doc. No. County_ 2003101159 Williamson 2004095412 Williamson 2006100562 Williamson 2004095799 Williamson 2004230837 Travis 2008010029 Williamson 2008019853 Travis Grand Mesa at Crystal Falls Subdivision, Sections One, Two and Three 6 Declaration of Covenants, Conditions and Restrictions for Grand Mesa at Crystal Falls, Section 4 7 First Amendment to the Covenants, Conditions, and Restrictions for Grand Mesa, Section 4
and Three 6 Declaration of Covenants, Conditions and Restrictions for Grand Mesa at Crystal Falls, Section 4 7 First Amendment to the Covenants, Conditions, and Restrictions for Grand Mesa, Section 4 8 Second Amendment to the Covenants,Conditions, and Restrictions for Grand Mesa, Section 4 9 Third Amendment to the Covenants,Conditions, and Restrictions for Grand Mesa, Section 4 10 Fourth Amendment to the Covenants,Conditions, and Restrictions for Grand Mesa, Section 4 11 Declaration of Covenants, Conditions and Restrictions, The Bluffs Section 1 Phase 1A and Section 1 Phase 1C 12 Declaration of Covenants, Conditions and Restrictions for Grand Mesa at Crystal Falls Subdivision, Section 5 13 Declaration of Covenants, Conditions and Restrictions, Grand Mesa at Crystal Falls Subdivision, Section Six Grand Mesa 4 (Bluffs) Grand Mesa 4 (Bluffs) Grand Mesa 4 (Bluffs) Grand Mesa 4 (Bluffs) Grand Mesa 4 (Bluffs) Bluffs Sec 1 Ph 1A and Sec 1 Ph 1C Grand Mesa 5 Grand Mesa 6 2005003732 Williamson 2005007021 Travis 2005021110 Williamson 2005050613 Travis 2005086565 & 2006080482 Williamson 2006199644 Travis 2005091103 & 2006080481 Williamson 2006199645 Travis 2009050080 Williamson 2009114258 Travis 2011008392 Williamson 2011017669 Travis 2006029777 Travis 2008069908 Travis 14 Declaration of Covenants, Conditions and Restrictions for the Fairways at Crystal Falls Subdivision, Section One 15 First Amendment to the Declaration of Covenants, Conditions and Restrictions, Fairways at Crystal Falls, Section One 16 Declaration of Covenants, Conditions and Restrictions for Certain Private Gated Communities of the Fairways at Crystal Falls 17 Notice of Addition of Land, Fairways Sec 2 Phase 2 18 Notice of Addition of Land, Fairways Sec 2 Phase 3 19 Declaration of Covenants, Conditions and
ted Communities of the Fairways at Crystal Falls 17 Notice of Addition of Land, Fairways Sec 2 Phase 2 18 Notice of Addition of Land, Fairways Sec 2 Phase 3 19 Declaration of Covenants, Conditions and Restrictions for The Fairways at Crystal Falls~ Section 3, Phases 1 and 2, Known as Cap Rock at Crystal Falls 20 Declaration of Covenants, Conditions and Restrictions for the Highlands at Crystal Falls Subdivision, Section One Phase One and Section Two Phase One 21 Declaration of Covenants, Conditions and Restrictions for the Highlands at Crystal Falls Subdivision, Section Two Phase Two 22 Declaration of Covenants, Conditions and Restrictions for the Highlands at Crystal Falls Subdivision, Section One Phase Three 23 Declaration of Covenants, Conditions and Fairways Sec 1 Fairways Sec 1 Fairways Sec 2 Ph 1 and Bluffs Sec 1 Ph 1B Fairways Sec 2 Ph 2 Fairways Sec 2 Ph 3 Cap Rock Highlands Sec 1 Ph 1 and Sec 2 Ph 1 Highlands Sec 2 Ph 2 Highlands Sec 1 Ph 3 Highlands Sec 1 Ph 2 2005035379 Williamson 2005083302 Travis 2005077466 Williamson 2005186300 Travis 2011008391 Wiliamson 2011017664 Travis 2013079537 Travis 2013126788 Travis 2010098479 Travis 2006096973 Williamson 2008015788 Williamson 2009000958 Williamson 2009001359 Travis 2009167438 Travis Restrictions for the Highlands at Crystal Falls Subdivision, Section One Phase Two 24 Declaration of Covenants, Conditions and Restrictions for the Highlands at Crystal Falls Subdivision, Section Two Phase Three 25 Declaration of Covenants, Conditions and Restrictions for the Highlands at Crystal Falls Subdivision, Section One Phase Two Highlands Sec 2 Ph 3 Highlands Sec 1 Ph 2 2010058147 Williamson 2009073291 Williamson 2009167438 Travis EXHIBIT C TO DECLARATION
s for the Highlands at Crystal Falls Subdivision, Section One Phase Two Highlands Sec 2 Ph 3 Highlands Sec 1 Ph 2 2010058147 Williamson 2009073291 Williamson 2009167438 Travis EXHIBIT C TO DECLARATION Lot 1, Block A, CRYSTAL FALLS TOWN CENTER PHASE 3, a subdivision in Travis County, Texas, and Williamson County, Texas, according to the map or plat thereof recorded as Document Number 201600111, in the Official Public Records of Travis County, Texas, and as Document Number 2016036613, in the Official Public Records of Williamson County, Texas.
Townhomes at Crystal Falls Declaration 40 AUS 536531895v2 File Server:CLIENTS:CrystalFalls:Townhomes At Crystal Falls condos:FinalVersion:FinalExecutionVersionCrystal Falls Townhomes Declaration.doc AFTER RECORDING RETURN TO: Niemann & Heyer LLP 1122 Colorado Suite 313 Austin, TX 78701 Townhomes at Crystal Falls Declaration AUS 536531895v2 41 FILED AND RECORDED OFFICIAL PUBLIC RECORDS DANA DEBEAUVOIR, COUNTY CLERK TRAVIS COUNTY, TEXAS April 19 2017 03:03 PM FEE:$ 198.00 2017062340