Document No: 3466532 Recorded On: July 20, 2023 03:23 PM DECLARATION Total Recording: $ 108.00 Doc-3466532 Hidalgo County Arturo Guajardo Jr.
County Clerk Edinburg, Texas 78540 Billable Pages: 19 Number of Pages: 20 Any provision herein which restricts the Sale, Rental, or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document No: Receipt No: Recorded On: Deputy Clerk: Station: 3466532 20230720000317 July 20, 2023 03:23 PM Imelda Leal CH-1-CC-K27 Record and Return To: Quintanilla & Headley & Associates 124 E. Stubbs original returned to customer Edinburg TX 78539 COUNTY COUR * COUNTY OF HIDALGO TEXAS⭑ STATE OF TEXAS COUNTY OF HIDALGO I hereby certify that this Instrument was FILED in the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Hidalgo County, Texas.
Arturo Guajardo Jr.
County Clerk Hidalgo County, Texas Акт влиза в Doc-3466532 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS I, II, III THE STATE OF TEXAS § COUNTY OF HIDALGO § KNOW ALL MEN BY THESE PRESENTS This Declaration of Covenants, Conditions, and Restrictions for BLOCK III of ELDORADO AT THOUSAND OAKS I (this "Declaration") is entered into this 5th day of July, 2023 by RED ROCK REAL ESTATE DEVELOPMENT GROUP, LTD., a Texas limited partnership ("Declarant").
WHEREAS, Declarant is the owner in fee simple of certain real property located in Hidalgo County, Texas to wit: All of Lots 1 through 82 and Park Lot C, Block III, inclusive of ELDORADO AT THOUSAND OAKS I, II, III SUBDIVISION, an addition to the City of McAllen,
property located in Hidalgo County, Texas to wit: All of Lots 1 through 82 and Park Lot C, Block III, inclusive of ELDORADO AT THOUSAND OAKS I, II, III SUBDIVISION, an addition to the City of McAllen, Hidalgo County, Texas, according to the Map or Plat thereof, recorded in Instrument Number 3466554 of the Map Records of Hidalgo County, Texas ("Block III").
The term "Lots" as utilized in this Declaration shall refer to all of the 82 lots included in Block III.
WHEREAS, Declarant desires to develop (or cause to be developed) all of the Lots for multifamily uses or purposes.; WHEREAS, Declarant desires to subject all of the Lots to the protective covenants, conditions, restrictions, liens and charges as hereinafter set forth, pursuant to an established general plan for the improvements to and development of the Lots; WHEREAS, Block III is a part of ELDORADO AT THOUSAND OAKS I, II, III development (the "Development") which is subject to the covenants and conditions of the Master Declaration for the ELDORADO AT THOUSAND OAKS I, II, III recorded in Instrument Number 3466529. of the Official Records of Hidalgo County, Texas (the "Master Declaration"); WHEREAS, this Declaration may be amended from time to time by Declarant to include or exclude property, including but not limited to, Lots, and/or to otherwise reconfigure and modify any of the areas within Block III; NOW THEREFORE, it is hereby declared that all of Block III shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with Block III and shall be binding on all parties having any right, title, or interest in or to Block III or any part thereof, and their heirs, successors,
ue and desirability of, and which shall run with Block III and shall be binding on all parties having any right, title, or interest in or to Block III or any part thereof, and their heirs, successors, and assigns, and which easements, restrictions, covenants and conditions shall inure to the benefit of each Owner, as defined herein below.
Section 1.
ARTICLE I.
DEFINITIONS "Association" shall mean and refer to ELDORADO AT THOUSAND OAKS BLOCK III HOMEOWNER'S ASSOCIATION, INC., a Texas non-profit corporation, its successors and assigns which is, or will be, formed by the Declarant for the purpose of enforcing the covenants, restrictions and agreements set forth herein.
Section 2. "Board" shall mean and refer to the Board of Directors of the Association which will be established, and which shall conduct regular and special meetings according to the provisions of the Bylaws of the Association.
RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION Doc-3466532 Section 3.
from time to time.
Section 4.
Section 5.
out in Article VIII Section 6.
"Bylaws" shall mean and refer to the Bylaws of the Association, as amended "Certificate" shall mean the Certificate of Formation of the Association.
"Committee” shall mean the Architectural Control Committee as the same is set hereinafter.
"Common Areas" shall mean and refer to all real property located within the boundaries of Block III which are not otherwise located within or on a part of any Lot, together with any improvements located thereon, including, but not limited to, the streets and alleys, the perimeter fence constructed by the Declarant and the buffer fences, if any, the subdivision gates, and all landscaping and area lights provided by the Declarant for the benefit of the Lots.
Section 7.
Section 8.
ence constructed by the Declarant and the buffer fences, if any, the subdivision gates, and all landscaping and area lights provided by the Declarant for the benefit of the Lots.
Section 7.
Section 8.
"Declarant" shall have the meaning ascribed to it in the Recitals.
"Declarant Control Period” shall mean the Development Period, during which time Declarant shall have the right to appoint all or a majority of the members of the Board as described in Article II, Section 3.
Section 9.
Declaration.
Section 10.
“Detention Area" shall have the meaning ascribed to it in the Master "Development Period” shall mean any time during which Declarant is the Owner of any Lot or other portion of property within the Development.
Section 11.
Section 12.
"Lot" shall have the meaning ascribed to it in the Recitals.
"Maintenance" shall mean the exercise of reasonable care to keep buildings, the streets, alleys, curbs, and fences constructed by Declarant, gates, sprinklers, fountains, signs, landscaping, lighting and other related improvements and fixtures, whether enumerated or not, in the Common Areas in a condition comparable to their original condition, normal wear and tear excepted.
However, if any portion of the subdivision fence is damaged by an Owner, said Owner shall be required to immediately repair the subdivision fence at the corresponding Owner's sole cost and expense.
Maintenance of landscaping shall also mean and/or include the exercise of generally accepted garden management practices necessary to promote a healthy, weed free environment for optimum plant growth.
Section 13. "Member" shall mean every Owner as set out in Article II.
Section 14. "Member in Good Standing" shall mean and refer to each member of the
, weed free environment for optimum plant growth.
Section 13. "Member" shall mean every Owner as set out in Article II.
Section 14. "Member in Good Standing" shall mean and refer to each member of the Association who (i) is not in default in payment of any assessments levied by the Association in accordance with the terms of the Declaration; (ii) nor in receipt of a notice of default from Declarant or the Association pertaining to any default under the Declaration or any rule or regulation promulgated by the Association, which default remains uncured in the opinion of the Declarant or the Association; (iii) nor named as a party in any pending legal action, suit or proceeding involving an alleged violation of the Declaration brought by the Declarant, the Association, or any other party with standing to enforce any provision of the Declaration.
Section 15. "Mortgage" shall mean a conventional mortgage or a deed of trust.
Section 16.
"Multi-Family Dwelling" shall mean a detached building designed for and used as a multi-family dwelling unit and constructed on one or more Lots.
Section 17. "Owner" shall mean the record owner, whether one or more persons or entities, of a fee simple title to any Lot, and shall include contract sellers, but shall not include persons or entities holding title merely as security for performance of any obligation(s).
Section 18.
"Structure" shall mean any improvement on a Lot (other than a Multi-Family Dwelling), including a sidewalk, driveway, fence, wall, tennis court, swimming pool, outbuilding, or recreational equipment.
RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 2 Doc-3466532 Section 19.
"Subdivision Plat" shall mean the subdivision plat of ELDORADO AT
ing, or recreational equipment.
RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 2 Doc-3466532 Section 19.
"Subdivision Plat" shall mean the subdivision plat of ELDORADO AT THOUSAND OAKS I, II, III SUBDIVISION, an addition to the City of McAllen, Hidalgo County, Texas, according to the Map or Plat thereof Map or Plat thereof, recorded in Instrument Number of the Map Records of Hidalgo County, Texas.
ARTICLE II ASSOCIATION MEMBERSHIP, VOTING RIGHTS AND POWERS Section 1.
"Membership" Every Owner shall be a member of the Association. One or more Owners of a Lot shall be able to vote one vote per Lot. Membership shall be appurtenant to and may not be separated from ownership of a Lot.
Section 2.
(a) Quorum, Notice and Voting Requirements.
Subject to the provisions of Paragraph (c) of this Section, any action taken at a meeting of the Owners shall require the presence of a quorum and the assent of the majority of all eligible votes of those who are voting in person or by proxy at a meeting duly called, written notice of which shall be given to all Owners not less than ten (10) days nor more than sixty (60) days in advance.
(b) shall be as follows: The quorum required for any action referred to in Paragraph (a) of this Section The presence, in person or by proxy, of Owners entitled to cast, or of proxies entitled to cast, at least ten percent (10%) of the votes of all Owners shall constitute a quorum for any action except as otherwise provided in the Certificate, the Bylaws or this Declaration, or as provided by the laws of the State of Texas.
In the event a quorum is not present at such meeting, the Owners present may adjourn such meeting, and reconvene a new meeting, in which event a quorum shall consist of Owners entitled
State of Texas.
In the event a quorum is not present at such meeting, the Owners present may adjourn such meeting, and reconvene a new meeting, in which event a quorum shall consist of Owners entitled to cast, or of proxies entitled to cast, at least five percent (5%) of the votes of all Owners.
(c) Except as otherwise specifically set forth in this Declaration, notice, voting and quorum requirements for all actions to be taken by the Association shall be consistent with its Certificate and Bylaws, as same may be amended from time to time.
Section 3.
Declarant's Special Voting Rights. Notwithstanding anything to the contrary contained herein, during the Declarant Control Period Declarant shall have the sole and absolute power to appoint and remove officers and members of the Board; provided, however, that not less than onethird (1/3) of the Board members must be elected by Owners other than Declarant beginning on the date that is one hundred twenty (120) days after Declarant has conveyed seventy-five percent (75.0%) of the Lots to Owners other than Declarant.
Section 4.
"Powers" The Association shall have all of the powers of a nonprofit corporation organized under the Non-Profit Corporation Act of the State of Texas, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Certificate, the Bylaws, or this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Certificate and the Bylaws, and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including without limitation the following powers: to own
d perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including without limitation the following powers: to own real and personal property, to open bank accounts, to enforce this Declaration as herein provided, to obtain a policy or policies of insurance insuring the Association and its members, to make physical improvements to the Common Areas as the Association shall deem to be in the best interest of Block III and the Owners, to contract for legal, accounting and other professional services, to contract for security, paving, landscaping and/or any other services, to borrow funds, to employ employees directly or through an operator, to bring an action(s) for injunctive relief and/or damages against any Owner for failure to comply with any Article and/or Section herein, and to otherwise do that which it believes necessary to protect or defend the Common Areas and facilities located therein, the Association and/or any of its properties from loss or damage, by suit or otherwise.
RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 3 Doc-3466532 EACH OWNER, BY ACCEPTING A DEED TO ITS LOT, HEREBY ACKNOWLEDGES AND AGREES THAT THE ASSOCIATION, THE OWNERS, AND THEIR SUCCESSORS AND ASSIGNS, AND NOT THE CITY OF MCALLEN SHALL BE RESPONSIBLE FOR THE COMPLIANCE OF THE MAINTENANCE OF THE COMMON AREAS AND OTHER REQUIREMENTS PER SECTION 134-168 OF THE MCALLEN SUBDIVISON ORDINANCE.
THIS SECTION 4 OF ARTICLE II SHALL NOT BE MODIFIED, DELETED OR AMENDED IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF MCALLEN.
Section 5. "Board of Directors" The affairs of the Association shall be managed by a Board
HALL NOT BE MODIFIED, DELETED OR AMENDED IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF MCALLEN.
Section 5. "Board of Directors" The affairs of the Association shall be managed by a Board of Directors which will be established and which shall conduct regular and special meetings according to the provisions of the Bylaws of the Association. The number of directors and the initial members of the Board shall be as set forth in the Certificate of the Association.
Section 1.
ARTICLE III ASSESSMENTS "Lien and Personal Obligation of Assessments" Declarant hereby covenants for each Lot, and each Owner of a Lot is hereby deemed to covenant by acceptance of the deed for such Lot, whether or not it shall be so expressed in the deed, to pay to the Association (1) annual assessment (each an "Annual Assessment”), (2) any special assessments, including but not limited to, capital improvements (each a "Special Assessment”), and (3) all Master Assessments (as that term is defined in the Master Declaration) (collectively, the "Assessments"). The Assessments will be established and collected as hereinafter provided. The Assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the Lot(s) and a continuing lien on each Lot against which such an Assessment is made. Each respective Assessment, together with interest, cost and reasonable attorneys' fees shall also be the personal obligation of the person or entity who owns the Lot at the time the Assessment fell due, but such personal obligation shall not pass to the successors in title of such person or entity unless expressly assumed by them. However, all future transferees of Lots shall have the
sment fell due, but such personal obligation shall not pass to the successors in title of such person or entity unless expressly assumed by them. However, all future transferees of Lots shall have the obligation, prior to purchase, to verify with the Association that such Assessments have been paid to date and that the Lot to be acquired is free and clear of all assessed indebtedness.
Section 2.
"Purpose of Annual Assessments" The Annual Assessments levied by the Association shall be used exclusively to promote the health, safety, welfare, and recreation, if applicable, of the residents in Block III, and for the improvements, security, preservation, operation and maintenance of the Common Areas and/or of improvements situated within same or within the control of the Association or the Master Association, including but not limited to the Detention Area. Annual Assessments may include, and the Association shall acquire and pay for out of the funds derived from Annual Assessments, the following; (a) (b) (c) (d) (e) (f) Maintenance and repair of the Common Areas to extent not performed by a governmental authority or an Owner.
Water, sewer, garbage, electrical, lighting, telephone, gas, and other necessary utility services for the Common Areas.
Acquisition of fixtures and equipment for the Common Areas as may be determined by the Association.
Maintenance and repair of all structures in the Common Areas, including, but not including but not limited to fences, sprinkler systems, street lighting, subdivision signs within the confines of Block III and/or any maintenance and repair(s) required by the City of McAllen.
Fire insurance, if obtainable, covering the full insurable replacement value of the improvements in the Common Areas with extended coverage.
maintenance and repair(s) required by the City of McAllen.
Fire insurance, if obtainable, covering the full insurable replacement value of the improvements in the Common Areas with extended coverage.
Liability insurance insuring the Association against any and all liability to the public, to any Owner, or to the invitees or tenants of any Owner arising out of their occupation and/or use of the Common Areas. The policy limits shall be set by the Association, and shall be reviewed at least annually and increased or decreased in the reasonable discretion of the Association.
RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION + Doc-3466532 (g) (h) (i) (j) (k) (1) (m) Workers' Compensation Insurance to the extent necessary to comply with applicable law, and any other insurance deemed necessary by the Association.
A standard fidelity bond covering all Members of the Association and all other employees of the Association in an amount to be determined by the Association.
Any other materials, supplies, furniture, labor, services, Maintenance, repairs, structural alterations, insurance, taxes, or assessments which the Association is required to secure or pay pursuant to the terms of this Declaration or by law, or which may be necessary or proper in the opinion of the Association for the operation of the Common Areas, for the benefit of Owner(s), or for the enforcement of these restrictions.
In addition to the Maintenance of the Common Areas, the Association may provide exterior Maintenance on each Lot as follows: In the event an Owner of any Lot, its family, guests, invitees, agents or other persons using, occupying, and/or possessing the Lot, shall fail to maintain the premises and the improvements situated thereon in a
t an Owner of any Lot, its family, guests, invitees, agents or other persons using, occupying, and/or possessing the Lot, shall fail to maintain the premises and the improvements situated thereon in a reasonably neat and orderly manner, the Association, Declarant or the Committee shall have the right, through their agents and employees, to enter upon said Lot and repair, maintain and restore the Lot and exterior of the buildings and any other improvements erected thereon, all at the expense of Owner, and such expense of Maintenance or repair shall be added to and become part of the assessment to which said Lot is subject to.
Maintenance and repair of all structures or improvements, formerly within the Common Areas, if any, and which may be situated in an area dedicated and/or transferred to the public use in the future, as set forth in Article IV, Section 1 (b), for which the Association reserved the right to continue the operation and concurrently has the obligation to maintain and repair.
Maintenance and repair of the streets and alleys located in Block III.
In addition to the expenses for actual Maintenance, the Association may assess a charge or reserve for purposes of making capital improvements for Block III streets or for the Common Areas, including but not limited to, street(s), gate(s) and the perimeter fence constructed by the Declarant and the buffer fences constructed by the Association, and the Common Areas.
Section 3. "Fixing of and Maximum Annual Assessments" (a) (b) (c) Until further notice, the maximum Annual Assessment shall be Five Hundred Dollars ($500.00) per Lot, per year.
Commencing on the Effective date of this Declaration, and continuing thereafter, subject to the provisions of Section 3(c) below, all Assessments shall be fixed by the Board in
.00) per Lot, per year.
Commencing on the Effective date of this Declaration, and continuing thereafter, subject to the provisions of Section 3(c) below, all Assessments shall be fixed by the Board in advance and shall be due and payable on January 1st of each calendar year, after giving due consideration to the anticipated cost of all Common Area Maintenance obligations, and other costs of operations for the Association. The Association shall have the right to collect the Assessments in advance on either an annual, quarterly or monthly basis. If at any time the Association determines that the Assessments for that fiscal year are insufficient to discharge all Assessments to be incurred or payable during that Assessment year by the Association, the Association may increase the Assessments to cover such costs (incurred or to be incurred), and such increase shall become effective at the beginning of the next annual or quarterly Assessment period. If required, Assessments shall be prorated for the period from the commencement thereof to the end of the then current calendar year of the Association.
From and after January 1, 2024, the maximum Annual Assessment may be increased each year by not more than fifty percent (50%) above the maximum Annual Assessment for the previous year if approved by a majority vote of the Members in Good Standing as defined in the Bylaws.
RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 5 Doc-3466532 (d) The Association may fix the Annual Assessment at an amount not in excess of the maximum prescribed herein.
Section 4. "Special Assessments for Capital Improvements" In addition to the Annual Assessments authorized above, the Association may levy in a Special Assessment applicable to that year
ribed herein.
Section 4. "Special Assessments for Capital Improvements" In addition to the Annual Assessments authorized above, the Association may levy in a Special Assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement (including, but not limited to lighting and/or utilities) on the Common Areas, including fixtures and personal property related thereto. After the Declarant Control Period, any Special Assessment must be approved by a majority of the Members.
number of votes present at a meeting that will constitute a quorum shall be as set forth in the Bylaws of the Association, as amended from time to time. Notice requirements for any and all actions to be taken by the Members of the Association shall be as set forth herein or in the Bylaws, as the same may be amended from time to time. The majority vote of the Members entitled to vote on a matter, as defined in the Bylaws, shall be the act of the Members, except as otherwise expressly provided in this Declaration.
Any Member who is not a Member in Good Standing shall not be entitled to cast a vote on any matter presented for a vote at a regular or special meeting of the Association.
Section 6.
“Uniform rate of Assessment" Both Annual Assessments and Special Assessments must be fixed at a uniform rate for all Lots.
Section 7. “Commencement and collection of Annual Assessment” The Annual Assessments provided for herein shall commence as to all Lots on the date the Subdivision Plat is recorded in the Map and/or Official Records of Hidalgo County, Texas. The first Annual Assessment
nual Assessments provided for herein shall commence as to all Lots on the date the Subdivision Plat is recorded in the Map and/or Official Records of Hidalgo County, Texas. The first Annual Assessment shall be adjusted according to the number of months remaining in the calendar year. The Association shall fix the amount of the Annual Assessment against each Lot at least thirty (30) days in advance of the due date thereof and shall fix the dates such amounts become due. Annual Assessments may be made payable monthly, quarterly, or annually, as determined by the Board. Notice of the Annual Assessments shall be sent to every Owner subject thereto. The Association shall, on demand and for a reasonable charge, furnish a certificate signed by an officer of the Association, setting forth whether the assessment against a specific Lot has been paid, and may, on or before February 15 of each year, cause to be recorded in the Official Records of the County Clerk of Hidalgo County, Texas, a list of delinquent assessments as of that date.
Section 8. "Effect of nonpayment of Assessments, remedies of the Association” Any Assessment not paid within thirty (30) days after the due date shall be deemed in default and shall bear interest at the maximum rate permitted by law from the due date until paid. The Association may bring an action at law against the Owner personally obligated to pay the same, or may foreclose the lien against the Lot. The lien may be foreclosed through judicial or, to the extent allowed by law, nonjudicial foreclosure proceedings in accordance with Tex. Prop. Code Ann. Section 51.002, as it may be amended from time to time (the "Foreclosure Statute"), in like manner of any deed of trust on real
judicial foreclosure proceedings in accordance with Tex. Prop. Code Ann. Section 51.002, as it may be amended from time to time (the "Foreclosure Statute"), in like manner of any deed of trust on real property. In connection with the lien created herein, each Owner grants the Association, whether expressed in the deed or other conveyance to the Owner, a power of sale to be exercised in accordance with the Foreclosure Statute. At any foreclosure proceeding, any person, including but not limited to the Association and any Owner, shall have the right to bid for the Lot at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. During the period in which a Lot is owned by the Association following foreclosure, no Assessment shall be levied on said Lot(s). Suit to recover a money judgment for unpaid Assessments and attorney's fees shall be maintainable without foreclosing or waiving the lien securing the same.
No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Areas or abandonment of its Lot.
Section 9. “Subordination of Assessment lien to mortgages" The lien for the Assessments provided for herein shall be subordinate to the lien of any first lien, purchase money mortgage. A sale or transfer of any Lot shall not affect the lien for the Assessments. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien for the Assessments as to payment which becomes due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. In
ments as to payment which becomes due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. In the event that a beneficiary of a first lien deed of trust obtains title to the Lot pursuant to a judicial or a non-judicial foreclosure sale, neither it, nor its successors and assigns shall be liable for the Assessments RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 6 Doc-3466532 assessed against such Lot which became due prior to the date title to the Lot was acquired. Such unpaid share of Assessments shall be deemed to be common expenses collectible as a common expense from the remaining Members of the Association (including such the beneficiary of a first lien deed of trust that obtained title by virtue of a judicial or non-judicial foreclosure sale).
Section 10.
"Collection of Master Assessments" The Association shall collect all Master Assessments imposed by the Master Association pursuant to the Master Declaration against the Lots. The Association shall collect the Master Assessments together with the Annual Assessments and the Special Assessments imposed by the Association pursuant to this Declaration. The Association shall pay all Master Assessments collected to the Master Association within fifteen (15) days of receipt.
Section 1.
ARTICLE IV PROPERTY RIGHTS "Owner's Easements of Enjoyment” Every Owner of a Lot shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to such Lot, subject to the following rights of the Association: (a) (b) The right to suspend the voting rights of any Owner for periods during which assessments
enant to and shall pass with the title to such Lot, subject to the following rights of the Association: (a) (b) The right to suspend the voting rights of any Owner for periods during which assessments against his Lot remain unpaid, and the right, after hearing by the Association, to suspend such rights for a period not exceeding three hundred sixty-five (365) days for any infraction of the published rule and regulations of the Association.
The right to dedicate or transfer all or any part of the Common Areas, including any improvements, to any municipality, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon by the Members. No such dedication or transfer shall be effective unless an instrument executed by a majority vote of the Members, as defined in the Bylaws, agreeing to such dedication or transfer has been duly recorded.
Section 2. "Delegation of Use" Subject to such limitations as may be imposed by the Bylaws, each Owner may delegate his right of enjoyment in and to the Common Areas and facilities to the family members, guests, tenants, and invitees.
Section 3. "Easements of Encroachment" There shall exist appurtenant easements as between adjacent Lots and between each Lot and any portion or portions of the Common Areas adjacent thereto for any encroachment due to the unintentional placement, settling, or shifting of the improvements constructed, reconstructed, or altered thereon, provided such construction, reconstruction, or alteration is in accordance with the terms of this declaration. Such easement shall exist to a distance of not more than one (1) foot as measured from any point on the common boundary between adjacent
alteration is in accordance with the terms of this declaration. Such easement shall exist to a distance of not more than one (1) foot as measured from any point on the common boundary between adjacent Lots, and between each Lot and any adjacent portion of the Common Areas, along a line perpendicular to such boundary at such point. No easement for encroachment shall exist as to any encroachment occurring due to the willful conduct of an Owner.
Section 4. "Other Easements" (a) (b) Easements for installation and Maintenance of utilities and drainage facilities are shown on the recorded Subdivision map. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and Maintenance of utilities, or which may damage, interfere with, or change the direction of flow of drainage facilities in the easements. The easement area of each Lot and all improvements therein shall be continuously maintained by the Owner of such Lot, except for improvements for Maintenance of which a public authority or utility company is responsible.
No Multi-Family Dwelling or Structure of any kind shall be built, or maintained on any such easement, reservation, or right of way, and such easement, reservations, and rights of way shall at all times be open and accessible to public and quasi-public utility corporations, their employees and contractors, and shall also be open and accessible to Declarant, its successors and assigns, all of whom shall have the right and privilege of RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION Doc-3466532 (c) (d) doing whatever may be necessary in, on, under, and above such locations to carry out any
d privilege of RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION Doc-3466532 (c) (d) doing whatever may be necessary in, on, under, and above such locations to carry out any of the purposed for which such easements, reservations, and rights of way are reserved.
There shall exist an appurtenant easement of access to all Lots, within Block III to the City of McAllen for the use by city/municipal personnel and equipment on city/ municipal business.
Easements and right of access on those Lots affected by the construction and maintenance of the buffer fences, if any and/or if applicable between the Lots of Block III and the adjoining lots or subdivisions described in the Subdivision Plat constructed by the Declarant or Association.
Section 5. "Right of Entry" The Association, through its duly authorized employees, contractors, and delegated agents, shall have the right after reasonable notice to the Owner thereof, to enter any Lot at any reasonable hour on any day to perform such maintenance as may be authorized herein, save and except in case of an emergency, which threatens either life or property, in which case advance notice shall not be required.
Section 6. "No Partition" There shall be no judicial partition of the Common Areas, nor shall Declarant, or any Owner or any other person acquiring any interest in Block III or any part thereof, seek judicial partition thereof.
Section 7. "Future Subdivision Development" Declarant, its successors or assigns, reserves the right to use all easements and streets in Block III in connection with future residential development adjacent to or near Block III. Owners shall not have a claim for damages, injunctive relief, or any claim or relief of whatsoever kind or nature based upon such use.
Section 1.
residential development adjacent to or near Block III. Owners shall not have a claim for damages, injunctive relief, or any claim or relief of whatsoever kind or nature based upon such use.
Section 1.
ARTICLE V USE RESTRICTIONS "Multi-Family Use" All Lots, and each and everyone thereof, are for multifamily residential purposes only. No building or structure intended for or adapted to single family residential use, business use, or commercial purposes shall be erected, placed, permitted or maintained on any Lot, or on any part thereof, save and except the business of the Declarant and the transferees of the Declarant in developing all of the Lots as provided in Section 23 below. No improvement or structure, other than a quality Multi-Family Dwelling may be erected, altered, placed maintained or permitted to remain on any Lot in Block III, without the express written consent of the Committee.
Section 2.
"Construction Specifications" Construction specifications for all Multi-Family Dwellings or Structures constructed on any Lot are as follows: (a) (b) Multi-Family Dwellings. Each Multi-Family Dwelling shall consist of four individual rental units. Notwithstanding any provision in this Declaration to the contrary, certain Lots, as dictated by the Committee, are required to be two-story, Multi-Family Dwellings (each, a "2 Story Dwelling"). The Multi-Family Dwellings on all other Lots shall be single story (each, a "1 Story Dwelling"). Unless otherwise agreed in writing by the Committee, the front elevation of each Multi-Family Dwelling shall be as follows: (i) for 1 Story Dwellings, the front elevation shall be as indicated on Exhibit "A"; and (ii) for 2 Story Dwellings, the front elevation shall be as indicated on Exhibit "A-1".
ng shall be as follows: (i) for 1 Story Dwellings, the front elevation shall be as indicated on Exhibit "A"; and (ii) for 2 Story Dwellings, the front elevation shall be as indicated on Exhibit "A-1".
Additionally, unless otherwise agreed in writing by the Committee, the site plant for each Multi-Family Dwelling shall be as follows: (i) for 1 Story Dwellings, the site plan shall be as indicated on Exhibit "B"; and (ii) for 2 Story Dwellings, the site plan shall be as indicated on Exhibit "B-1".
Exterior. The exterior walls of each Multi-Family Dwelling shall consist of one hundred percent (100%) masonry stucco construction. The masonry stucco requirement specified shall apply to the front, sides and lower floor only for any two-story Multi-Family Dwelling. Masonry stucco includes stucco. The stucco will be limited to three colors.
That portion of the exterior walls of the Multi-Family Dwelling shall be one hundred percent (100%) by area, composed of masonry stucco, said percentage to apply to the aggregate area of all said walls, inclusive of door, window and similar openings. The colors for the masonry stucco shall be as approved by the Committee, and are initially intended to be as follows: Primary Color: SW7004 and the Secondary Colors: SW6258, RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 8 Doc-3466532 (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) SW7018 AND SW7019.
Roof. The roof shall be constructed of composition shingle with a 30-year warranty or better quality. Roof color is as approved by the Committee, and is initially intended to be Weatherwood.
Air Conditioner. No evaporative cooler or air conditioner shall be placed, installed, or maintained on the roof or wall of any building or structure. All coolers and air
ly intended to be Weatherwood.
Air Conditioner. No evaporative cooler or air conditioner shall be placed, installed, or maintained on the roof or wall of any building or structure. All coolers and air conditioning units shall be concealed and located in the back or side of the Multi-Family Dwelling.
Burglar Bars. No burglar bars shall be permitted on doors or windows unless approved by the Committee.
Septic Tanks. No privy, cesspool or septic tank shall be placed or maintained on any Lot.
Clothes Lines. No clothing or other materials shall be aired or dried within the boundaries of the Lot except in an enclosed Multi-Family Dwelling not visible from any street.
Outdoor Light. Each Multi-Family Dwelling shall have outdoor lights on the front and rear of the building. Such light fixtures shall be approved by the Committee, but are intended to initially include the following: (i) Front is TENGXIN Outdoor wall sconce; and (ii) up/down wall light, stainless steel 304 and Toughened Glass Material E26/E27 waterproof. There shall be two light fixtures, one on each of the columns.
Sprinkler System. Each Owner must provide an automatic outdoor water sprinkler system for the Lot and a separate water meter for such sprinkler system.
Security System. Each Owner must provide an indoor security system for each of the four individual rental units within the Multi-Family Dwelling.
Fire Sprinkler Systems. Each Multi-Family Dwelling shall maintain a fire sprinkler system per city code(s) and regulations of the City of McAllen.
Completion. Any construction of any improvement or Multi-Family Dwelling which is commenced on any Lot must be completed on or before 180 days after the commencement of the same. Commencement of construction of a building requiring a
ny improvement or Multi-Family Dwelling which is commenced on any Lot must be completed on or before 180 days after the commencement of the same. Commencement of construction of a building requiring a foundation is deemed to be the date on which the foundation is poured and/or laid.
Section 3. "Setbacks" All Multi-Family Dwellings and Structures must be constructed, placed and maintained in conformity with the setback lines for the Lot as described in the Subdivision Plat.
Section 4.
"Consolidation and Partial Lots" None of the Lots shall be resubdivided in any fashion and no Lots may be consolidated into a single building site.
Section 5. "Easements" Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded Subdivision Plat. No utility company, water district, political subdivision, or other authorized entity using the easement herein referred to shall be liable for any damage done by them or their assigns, agents, employees or servants to shrubbery, trees or flowers, or to other property of the Owners situated within any such easements. No permanent structures shall be allowed within or over any easement.
Section 6.
"Noxious or Offensive Activities Prohibited” No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, save and except Section 23 below.
Section 7.
"Occupancy” No Multi-Family Dwelling shall be occupied in any manner while in the course of construction, nor at any time prior to it being fully completed, except as herein required.
Nor shall any Multi-Family Dwelling, when completed, be in any manner occupied until made to
n the course of construction, nor at any time prior to it being fully completed, except as herein required.
Nor shall any Multi-Family Dwelling, when completed, be in any manner occupied until made to comply with the approved plans, the requirements herein and all other covenants, conditions, reservations and restrictions herein set forth. No temporary house, temporary dwelling, temporary garage, temporary outbuilding, trailer home or other temporary structure shall be placed or erected upon any Lot either permanently or temporarily.
RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION Q Doc-3466532 Section 8.
"Parking" Each Lot shall contain sufficient parking spaces to meet all City of McAllen parking code restrictions. Additionally, each Lot is required to maintain additional parking spaces for each unit within the Multi-Family Dwelling as approved by the Committee. The parking requirements may be managed and enforced by the Association, Declarant, or any other Owner.
Section 9.
"Signs" No signs of any character shall be allowed on any Lot except one sign of no more than six (6) square feet, advertising the property for sale or rent; provided, however, that Declarant shall have the right, during the Declarant's Control Period, to construct and maintain such facilities as may be reasonably necessary for said construction and sale, including signs and storage areas, but not including a temporary residence or office, save and except Section 23 below.
Section 10. "Garbage Tanks, Equipment, etc." No Lot shall be used or maintained as a dumping ground for rubbish or trash and no garbage or other waste shall be kept except in sanitary containers. All equipment for the storage and disposal of such materials shall be kept in a clean and
dumping ground for rubbish or trash and no garbage or other waste shall be kept except in sanitary containers. All equipment for the storage and disposal of such materials shall be kept in a clean and sanitary condition. No elevated tanks of any kind shall be erected, placed or permitted on any part of a Lot. All garbage cans, equipment, coolers, wood piles or storage piles shall be walled or fenced in to conceal them from the view of the neighboring Lots roads or streets. Plans for all enclosures of this nature must be approved by the Committee prior to construction, save and except Section 23 below.
Section 11.
"Animals" No animals, livestock or poultry of any kind shall be kept, raised, bred for any reason or any purpose on any Lot, except that each Owner may possess no more than two (2) dogs and two (2) cats or other household pets which shall not be kept, bred or maintained for any commercial purposes. NO PITBULLS OR ROTWEILLERS ARE ALLOWED ON THE ANY LOT. No animal shall be allowed to run loose outside any Lot and must be on a leash at all times when outside any Lot.
Section 12.
“Fences, Walls, Hedges and Utility Meters" No fence, wall, hedge or utility meter shall be placed or permitted to remain on any Lot nearer to the streets adjoining such Lot that is permitted for the main residence on such Lots. No chain link fences shall be permitted. All fencing must be made of iron, wood or masonry and shall be six (6) feet high and maintained according to certain standards.
Section 13.
"Trucks, Buses and Trailers" No trucks larger than three-quarters of a ton, motor vehicles not currently licensed, boats, trailers, campers, construction trucks, motor or mobile homes or other vehicles shall be permitted to be parked on any Lot, except in a closed garage, or on any
vehicles not currently licensed, boats, trailers, campers, construction trucks, motor or mobile homes or other vehicles shall be permitted to be parked on any Lot, except in a closed garage, or on any street for a period not to exceed twelve (12) hours in any twenty-four (24) hour period. The Owner's personal vehicles shall be parked on their driveway or garage. Visitors may park their cars in front of the Owner's property but only while they visit and never for more than a week at a time. No vehicle shall ever be permitted to be parked on the front or side lawn within view of the public. No vehicles shall ever be permitted to park on a driveway at a point where the vehicle obstructs pedestrians from use of a sidewalk.
Section 14. "Sidewalks" Owners will be required to construct a minimum, of a four (4.0') foot wide sidewalk, the entire width of the Lot, of all interior streets; provided that a five (5.0') foot wide sidewalk is required along North Ware Road.
Section 15. "Prohibited Activities" No professional, business or commercial activity to which the general public is invited shall be conducted on any Lot.
Section 16. "Utility Lines and Antennas” All electrical service and telephone lines shall be placed underground. No exterior antennas, aerials, satellite dishes, or other apparatus for the reception of television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of a Lot, which is visible from any street, or other Lot unless its impossible to receive signals from said location, in that event, the receiving device may be placed in a visible location as approved by the Committee. The Declarant by promulgating this Section is not attempting to violate the
ls from said location, in that event, the receiving device may be placed in a visible location as approved by the Committee. The Declarant by promulgating this Section is not attempting to violate the Telecommunications Act of 1996 (the "Act"), as same may be amended from time to time. This Section shall be interpreted to be as restrictive as possible while not violating the Act.
Section 17. "Carport" Each Multi-Family Dwelling shall include a carport that complies with the City of McAllen's requirements for buildings such as the Multi-Family Dwelling.
Section 18. "Landscaping" Front yards of all Multi-Family Dwellings which are not composed of sidewalks, driveways or areas consisting of shrubs, hedges, ground covers and trees shall be covered by grass such as Coastal Bermuda or Saint Augustine or other lawn grass as approved by the RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION TO Doc-3466532 Committee. Front yards shall be landscaped in a professional manner with shrubs, hedges and ground covers. Each Lot shall have and minimum of two (2) trees (crape myrtles, palm trees or oaks only), a minimum of two (2) inches in diameter and a minimum of ten (10) five (5) gallon shrubs. Each Owner shall maintain trees and shrubbery and keep them disease free and healthy, and if any such trees either die or become diseased or of unhealthy appearance they shall be removed and new trees shall be planted in their place. The cost of any such shrubbery or trees shall be paid for by the Owner.
No Owner shall allow his Lot or Lots, whether vacant or not, to remain overgrown with grass or weedy vegetation or natural wild vegetation, and each Owner shall be responsible for the timely
he Owner.
No Owner shall allow his Lot or Lots, whether vacant or not, to remain overgrown with grass or weedy vegetation or natural wild vegetation, and each Owner shall be responsible for the timely maintenance, care and removal of grass, weedy or natural vegetation, by mowing, shredding, cutting and removing the same. Additionally, the Association or its agent(s) shall have the right at its option, to mow, shred or cut said vegetation, and to charge the Owners a reasonable fee. In the event that said fee remains unpaid for a period of thirty (30) days, the Declarant, the Association or its agents shall have a valid and subsisting lien for said payment and said lien may be perfected by filing an affidavit establishing said lien in the Official Records of Hidalgo County, Texas, and may bring suit to enforce the payment of said fees or for foreclosure of its lien, or both, and shall be entitled to reasonable attorney's fees and costs of suit for prevailing in such an action.
Section 19.
"Vehicle Maintenance" No maintenance shall be allowed on or conducted upon any type of motorized vehicle on the street.
Section 20.
"Driveways" Driveways must be constructed of concrete, brick, or other material receiving the approval of the Committee.
Section 21. "Athletic Facilities” Basketball goals, or backboards, or any other similar sporting equipment of either a permanent or temporary nature shall not be placed on any Lot without the prior written consent of the Committee.
Section 22. "Mailboxes" All mailboxes shall comply with any and all City of McAllen and U.S. Postmaster requirements. All mailboxes shall be of the same design and material as the structure and placed in uniform form. Mailbox locations shall be approved in advance by the Committee.
n and U.S. Postmaster requirements. All mailboxes shall be of the same design and material as the structure and placed in uniform form. Mailbox locations shall be approved in advance by the Committee.
Mailboxes shall be located on the property line. All mailboxes must be on the left property line for odd lots and on the right property line for even lots as requested by the United States Postal Service. These mailbox requirements shall not apply in the event the United States Postal Service requires the installation of a centralized unit of individually locked compartments for the delivery and collection of mail (a "Cluster Box Unit").
Section 23.
"Insurance" Nothing shall be done or kept on a Lot or on the Common Areas which would increase the rate or insurance relating thereto without the prior written consent of the Association, and no Owner shall permit anything to be done or kept on his Lot or the Common Areas which would result in the cancellation of insurance on any residence or on any part of the Common Areas, or which would be in violation of any law.
Section 24.
constructed to: (a) (b) (c) "Declarant's Special Rights" Nothing in this Declaration shall be understood or Prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from entering upon any part of Block III or the Lots owned or controlled by Declarant or Declarant's transferees or their representatives, in their sole discretion to complete the work that they determine may be reasonably necessary or advisable.
Prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from constructing and maintaining
easonably necessary or advisable.
Prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from constructing and maintaining on any part or part of Block III owned or controlled by Declarant, Declarant's transferees, or their representatives, such structures as may be reasonably necessary for the completion of such work, the establishment of Block III as a residential community, and the disposition of Lots by sale, lease, or otherwise; Prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from maintaining such sign or signs on any of the Lots owned or controlled by any of them as may be necessary in connection with the sale, lease, or otherwise of subdivision of Lots.
As used in this section, the words "its transferees" specifically exclude purchasers of Lots.
RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 11 Doc-3466532 ARTICLE VI OWNERS' OBLIGATION TO REPAIR Each Owner shall, at its sole cost and expense, repair its Multi-Family Dwelling, keeping the same in a condition comparable to the condition of such Multi-Family Dwelling at the time of its initial construction, excepting only normal wear and tear.
ARTICLE VII OWNERS' OBLIGATION TO REBUILD If all or any portion of a Multi-Family Dwelling is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner thereof, with all due diligence, to rebuild, repair, or reconstruct such Multi-Family Dwelling in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within two (2)
onstruct such Multi-Family Dwelling in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within two (2) months after the damage occurs, and shall be completed within fourteen (14) months after the damage occurs, unless prevented by cause beyond the control of the Owner or Owners. All plans for rebuilding must be approved by the Committee.
Section 1.
ARTICLE VIII ARCHITECTURAL CONTROL "Development Objectives" With respect to the Lots, only one design for a MultiFamily Dwelling is currently approved by the Committee, and copies of the acceptable structure design are available upon request from the Committee (the "Approved Design"). Although the square footage of each Multi-Family Dwelling may differ, each Multi-Family Dwelling construction on any Lot must be in accordance with the Approved Design unless otherwise approved by the Committee. The aesthetic and ecological quality of Block III requires that all Multi-Family Dwellings be compatible with other Multi-Family Dwellings and be in harmony with the natural surroundings. To this end, the Committee has been created to carry out the goals and functions that have been adopted, and are described below, and which may be amended from time to time.
Section 2.
"Architectural Control Committee" Declarant shall designate and appoint the initial Architectural Control Committee ("Committee") consisting of three (3) adult persons (at the sole discretion of Declarant), which Committee shall serve until the expiration of the Declarant Control Period. If, During the Declarant Control Period, any Member becomes unable or unwilling to continue
discretion of Declarant), which Committee shall serve until the expiration of the Declarant Control Period. If, During the Declarant Control Period, any Member becomes unable or unwilling to continue to serve during such term, Declarant, its successor or assigns, shall appoint a successor to complete the respective term. After the expiration of the Declarant Control Period, the Board shall designate the members of the Committee. Neither the members of the Committee, nor its designated representative shall be entitled to any compensation for service performed pursuant to this covenant. Further, any or all of the duties, rights, powers and authority of the Committee may be assigned at any time, upon the unanimous decision of the Committee, to the Association. From and after the date of such assignment, the Association shall have full right, authority and power, and shall be obligated to perform the functions of the Committee as provided herein.
Section 2.
"Function" No Multi-Family Dwelling or Structure, or other improvement of any kind shall be erected, placed or altered on any Lot until the construction plans and specifications and a plat showing the exact location of the Multi-Family Dwelling and any Structures on the Lot has been approved in writing by the Committee as to quality of workmanship and material, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. Colors and types of brick, roof trim, roofing materials, front doors, etc. will be reviewed by and must be approved by Committee.
Section 3.
"Powers" The Committee shall have and exercise such powers and rights provided for in and consistent with the provisions of this Declaration. Each Committee member shall
roved by Committee.
Section 3.
"Powers" The Committee shall have and exercise such powers and rights provided for in and consistent with the provisions of this Declaration. Each Committee member shall have one (1) vote. Except in those instances in this Declaration where the unanimous action shall be required or any decisions made by the Committee that requires the concurrence of not less than two (2) Committee members, however a designated representative unanimously approved by all three (3) Committee members shall have the sole power to act on behalf of the Committee. The designated representative's power may be revoked by written communication to all Owners. Each Committee member shall be entitled to receive (but may waive) not less than five (5) days written notice of each meeting of the Committee and of each action proposed to be taken and decision proposed to be made by RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 12 Doc-3466532 the Committee (whether or not at a meeting).
Section 4. "Approval of Plans and Specification" No Multi-Family Dwelling, Structure or improvement of any other nature shall be commenced, erected, altered or maintained upon any Lot, nor shall any exterior addition to, or change or alteration therein, be made, except as set forth below, until samples of the masonry, exterior paint and roofing materials, and the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to, and approved in writing by, the Committee as to the harmony of external design and location of such improvements in relation the surrounding structures and topography.
Section 5.
"Failure of Committee to Act" In the event that any plans and specifications are
of external design and location of such improvements in relation the surrounding structures and topography.
Section 5.
"Failure of Committee to Act" In the event that any plans and specifications are submitted to the Committee as provided herein, and a written receipt of delivery is obtained, and such Committee shall fail either to approve or reject such plans and specifications for a period of thirty (30) days following such submission, approval by the Committee shall not be required, and full compliance with this Article shall be deemed to have been had.
Section 6.
"Failure to Comply" Failure to comply with this Article shall subject the respective Lot Owner to injunctive relief and/or damages, pursuant to Article II, Section 4. The defendant Owner shall pay all costs of court and attorney's fees borne by the Association or other entity bringing such action should the Association or other entity, as the case may be, prevail.
Section 1.
ARTICLE IX GENERAL PROVISIONS "Enforcement" Declarant, the Association, or any Owner, as defined herein, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by Declarant, the Association, or by any owner to enforce any covenant or restriction herein contained shall in no event deemed a waiver of the right to do so thereafter.
Section 2. "Severability" Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and affect.
Section 3.
(a) (b) (c) "Amendments" Declarant. During the Declarant Control Period, Declarant may unilaterally amend this
way affect any other provisions, which shall remain in full force and affect.
Section 3.
(a) (b) (c) "Amendments" Declarant. During the Declarant Control Period, Declarant may unilaterally amend this Declaration for any purpose.
Owners. Except as otherwise specifically provided above, or elsewhere in this Declaration, after the expiration of the Declarant Control Period, this Declaration may be amended only by an amendment hereto executed by no less than sixty-seven percent (67%) of the Owners.
Validity and Effective Date of Amendments. Amendments to this Declaration shall become effective upon recordation in the real property records of Hidalgo County, Texas, unless a later effective date is specified therein. Any procedural challenge to an amendment must be made within six (6) months of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate as a waiver or amendment of any provision of this Declaration.
Section 4. Annexation of Additional Property. At any time during the Development Period, Declarant, its successors or assigns, in its sole discretion, may annex additional property into Block III into and under the scope of this Declaration and subject to the terms and provisions of this Declaration, without notice to or the consent or joinder of any other Owner. To annex additional property, Declarant shall prepare, execute and record in the Official Records of Hidalgo County, Texas, an amendment to this Declaration describing the property to be annexed and declaring same to be part of Block III and subject to the terms and provisions of this Declaration.
Section 5.
"Subordination" No breach of any of the conditions herein contained or re-entry
nexed and declaring same to be part of Block III and subject to the terms and provisions of this Declaration.
Section 5.
"Subordination" No breach of any of the conditions herein contained or re-entry by reason of such breach shall defeat or render invalid the lien of any mortgage made in good faith and for value as to Block III or any Lot therein; provided, however, that such conditions shall be binding on any owner whose title acquired by foreclosure, trustee's sale or otherwise.
Section 6.
"Duration" The covenants and restrictions of this Declaration shall run with and RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 13 Doc-3466532 bind the land, and shall inure to the benefit of and be enforceable by the Declarant, Association, or any member thereof for a period of thirty (30) years from the date hereof, and thereafter shall continue automatically in effect for additional periods of ten (10) years, unless otherwise agreed to in writing by the then Owners of at least fifty percent (50%) of the Lots.
Section 7. "Compliance_with Laws" At all times, each Owner shall comply with applicable federal, state, county, and municipal laws, ordinances, rules and regulations with respect to the use, occupancy, and condition of their Lot and any improvements thereon. If any provision contained in this Declaration or amendment is found to violate any law, then the provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law.
Section 8.
"Leases" Any and all lease agreements, whether written or otherwise, relating to property in Block III shall be subject to the terms of this Declaration. All Owners are responsible for
law.
Section 8.
"Leases" Any and all lease agreements, whether written or otherwise, relating to property in Block III shall be subject to the terms of this Declaration. All Owners are responsible for ensuring that any and all of their tenants are complying with the terms of this Declaration.
(signature page follows) RESTRICTIVE COVENANTS FOR BLOCK III OF 14 ELDORADO AT THOUSAND OAKS SUBDIVISION EXECUTED by the Declarant, this 5th day of July, 2023.
RED ROCK REAL ESTATE DEVELOPMENT GROUP, LTD., a Texas Limited Partnership By: RED ROCK, L.L.C., a Texas Limited Liability Company Its: General Partner By: Manuel N. Cantu, Jr., Manager (Acknowledgment) THE STATE OF TEXAS § Doc-3466532 COUNTY OF HIDALGO § Before me, the undersigned authority, on this day personally appeared MANUEL N. CANTU, JR., proved to me through Texas Driver's License to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that MANUEL N. CANTU, JR., executed the same as Manager of RED ROCK, L.L.C., a Texas limited liability company, as General Partner of RED ROCK REAL ESTATE DEVELOPMENT GROUP, LTD., a Texas limited partnership, for the purposes and consideration therein expressed.
ARY GIVEN UNDER MY HAND AND SEAL OF OFFICE, this UBLIC OF TE CLARISSA QUINTANILLA Notary ID #129615255 My Commission Expires November 4, 2025 5th Crais a. Cutell day of July, 2023.
NOTARY PUBLIC STATE OF TEXAS Prepared by: Matthew L. Jones Jones, Galligan, Key & Lozano, LLP 2300 West Pike Blvd., Suite 300 Weslaco, Texas 78596 After Recording Return To: RED ROCK REAL ESTATE DEVELOPMENT GROUP, LTD.
2912 S. Jackson Road McAllen, Texas 78503 RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 15 Exhibit "A" Doc-3466532 090 347004 SW 9004 Cantera style
LTD.
2912 S. Jackson Road McAllen, Texas 78503 RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 15 Exhibit "A" Doc-3466532 090 347004 SW 9004 Cantera style FRONT ELEVATION SW 4258 BW 7019.
មិនន SCALE: 1/8" 3'-0" | RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION 16 EXHBIT "A-1" OON DOG RESTRICTIVE COVENANTS FOR BLOCK III OF ELDORADO AT THOUSAND OAKS SUBDIVISION Doc-3466532 17 ELDORADO AT THOUSAND OAKS SUBDIVISION RESTRICTIVE COVENANTS FOR BLOCK III OF 18 3.0' GREEN AREA FUTURE 4.0' SIDEWALK 77.25' PROP. 6.0' M.B.S.L.
EXHIBIT "B" 130.00' 29.00' (1) SPACES PROP. 8 PARKING ⑤ ② (9) ③ -PROP. 20.0' M.B.S.L.
⑦ ④ T 80.00' DRIVEWAY PROP PRIVATE STREET 3.0° GREEN AREA PR 20 -3.75' PROP. MULTIFAMILY DUPLEX 80.00' 29.00' PROP. 10.0' M.B.S.L.
10 29.00' LOT PROP. S.W.
77.25' 77.25' PROP. MULTIFAMILY DUPLEX 29.00' PROP. 6.0' M.B.S.L.
-3.0' 77.25' -77.25130.00' PROP. MULTIFAMILY DUPLEX EL DORADO AT THOUSAND OAKS BLOCK 3 TYPICAL MULTIFAMILY SITE PLAN Doc-3466532 ELDORADO AT THOUSAND OAKS SUBDIVISION RESTRICTIVE COVENANTS FOR BLOCK III OF 19 130.00' 36' PROP.
2-STORY APARTMENT 2 UNITS 38.5' 129.02' PROP. 8 PARKING SPACES (5) PROP.
2-STORY APARTMENT 2 UNITS 36' 38.5' 10° DRIVEWAY PROP EXHIBIT "B-1 " 160.00 EL DORADO AT THOUSAND OAKS BLOCK 3 TYPICAL MULTIFAMILY SITE PLAN (2-STORY) Doc-3466532