Page 1 of 77 Electronically Recorded Tarrant County Texas Official Public Records 3/2/2012 1:58 PM Mary Louise Garcia PGS 77 After Mary Louise Garcia Submitter: ACS D212052618 Recording Return to: 579 Kimball LLC 1812 Cindy Lane, Suite 100 Bedford, TX 76021 AMENDED AND RESTATED DECLARATION OF py COVENANTS, CONDITIONS AND RESTRICTIONS FOR ESTANCIA AT SOUTHLAKE HOA CITY OF SOUTHLAKE.
TARRANT COUNTY, TEXAS Unofficial March 1, 2012 Page 2 of 77 TABLE OF CONTENTS ARTICLE 1 Section 1.1 Section 1.2 ESTABLISHMENT Establishment of Covenants, Conditions and Restrictions.
Definitions.
1 .1 1 ARTICLE 2 4 USE PROVISIONS 4 Section 2.1 Permitted Uses.
.4 Section 2.2 Prohibited Uses and Activities.
.5 ARTICLE 3 7 CONSTRUCTION PROVISIONS 7 Section 3.1 Plan Approval Required...
.7 Section 3.2 Establishment of ACC.
.7 Section 3.3 Approval Process.
.7 Section 3.4 Specific Construction Provisions.
10 Section 3.5 Construction Materials..
18 Section 3.6 Height Restrictions.
Section 3.7 Roof Restrictions.
19 .19 Section 3.8 Construction Period and Process.
Section 3.9 Declarant Rights. .....
ARTICLE 4 MAINTENANCE PROVISIONS Section 4.1 Owner's Obligation to Maintain...
Section 4.2 Damaged Improvements.
Section 4.3 Declarant/Association Right to Perform..
Section 4.4 Easement Maintenance...
ARTICLE 5 OWNER'S ASSOCIATION Section 5.1 Establishment.
Section 5.2 Voting Power.
OF cial Copy Section 5.3 Section 5.4 ARTICLE 6 ASSESSMENTS Officers..
Dissolution.
Section 6.1 Powers to Establish Assessments...
Section 6.2 Commencement of Assessments.
Section 6.3 Regular Annual Maintenance Assessments.
Section 6.4 Special Assessments.
Section 6.5 Liability for and Enforcement of Assessments..
ARTICLE 7 COMMON AREA Section 7.1 Right to Use Common Areas..
Section 72 Specific Facilities..
Assessments.
Section 6.4 Special Assessments.
Section 6.5 Liability for and Enforcement of Assessments..
ARTICLE 7 COMMON AREA Section 7.1 Right to Use Common Areas..
Section 72 Specific Facilities..
Section 7.3 Maintenance of Common Areas..
Section 7.4 Risk of Loss - Use of Common Areas.
Section 7.5 Conveyance of Common Area to Association.
ARTICLE 8 SPECIFIC DECLARANT RIGHTS Section 8.1 Rights to Annex.
.22 .22 .22 22 22 1 2 2 2 2 2 2 2 23 23 .23 .23 .25 .25 25 25 .25 .26 .26 .27 .27 29 29 .29 .29 .29 .30 .30 .30 3338 30 30 Page 3 of 77 Section 8.2 Section 8.3 No Duty to Annex.
.30 Effect of Annexation on Class B Membership..
.30 Section 8.4 Specific Declarant Rights to Amend Declaration.
.31 Section 8.5 Easement/Access Right.
.31 Section 8.6 Assignment of Declarant Rights.
.31 Section 8.7 Declarant's Right to Install Improvements in Setback and Other Areas...
.31 Section 8.8 Replatting or Modification of Plat.
.32 Section 8.9 Limitation of Declarant Liability.
Section 8.10 Termination of Declarant's Responsibilities.
ARTICLE 9 MISCELLANEOUS PROVISIONS Section 9.1 Terms and Renewal.
Enforcement...
General Easement for Encroachments, Access, Maintenance and Utilities..
Amendment of Declaration..
Section 9.2 Section 9.3 Section 9.4 Section 9.5 Authorized Government Authority Provisions.
Section 9.6 HUD/VA Approval..
Section 9.7 Notices.....
Section 9.8 .33 .33 .34 .32 .32 33 33 .33 .33 Indemnifications..
Section 9.9 Severability.
Section 9.10 Acceptance by Owners of Rights and Obligations Section 9.11 Disclosure by Declarant.....
Section 9.12 Arbitration of Disputes Involving Declarant.
.34 .35 .35 Unofficial Copy ii Page 4 of 77 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ESTANCIA AT SOUTHLAKE HOA STATE OF TEXAS COUNTY OF TARRANT
volving Declarant.
.34 .35 .35 Unofficial Copy ii Page 4 of 77 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ESTANCIA AT SOUTHLAKE HOA STATE OF TEXAS COUNTY OF TARRANT cos con cos § KNOW BY ALL THESE PRESENT: This Declaration (herein so called) is executed effective as of March 1, 2012, by 579 Kimball, LLC, a Texas limited liability company (the "Declarant").
RECITALS: A. Declarant is the owner of the real property in TARRANT COUNTY, Texas described on Exhibit A attached hereto, which Declarant is developing as an addition to be known as ESTANCIA AT SOUTHLAKE (the "Property").
B. Declarant desires to establish a planned residential community of single family detached homes on the Property and, accordingly, has executed this Declaration to impose the covenants, conditions, restrictions, and easements herein described upon the Property.
ARTICLE 1 ESTABLISHMENT Section 1.1 Establishment of Covenants, Conditions and Restrictions.
yer Declarant hereby imposes upon the Property the covenants, conditions, restrictions, liens and easements set forth in this Declaration (the "Covenants for the purposes of establishing a general scheme for development of the Property, enhancing the value of the Lots and Residences (defined below), and establishing restrictions for residential use for the benefit of Declarant and the Owners (defined below). Declarant does not guarantee that all of these purposes will be accomplished through the creation and imposition of the Covenants. The Covenants touch and concern title to the Property, run with the land and shall be binding upon all persons hereafter acquiring any portion of the Property.
Section 1.2 Definition UROM The terms set forth below shall have indicated meanings when used in this Declaration; other
ll be binding upon all persons hereafter acquiring any portion of the Property.
Section 1.2 Definition UROM The terms set forth below shall have indicated meanings when used in this Declaration; other terms are defined elsewhere herein and shall have the meaning given to them in this Declaration.
"ACC" means the architectural control committee established pursuant to this Declaration.
1 Page 5 of 77 Article 6.
"Assessments" means the Maintenance Assessments and Special Assessments provided for in "Association" means the ESTANCIA AT SOUTHLAKE HOA, INC., a Texas non-profit corporation, or such other homeowners' association name selected and available at the time of formation and established as provided in this Declaration.
"Board" means the Board of Directors of the Association.
“Builder” means any homebuilder constructing the initial Residence upon a Lot in the normal course of conducting its business for profit.
"Common Area" means those portions of the Property as described in or on the Plat that do not constitute buildable residential Lots, streets, roads, or alleys. The Common Area includes: (i) any areas within the Property owned by the appropriate government, the Association, or any other governmental entity, but which are required to be maintained by the Association; (ii) any landscape, wall maintenance, pedestrian access or maintenance easements reflected on the Plat, required by the appropriate government or recorded by separate instrument; and (iii) those areas, if any, which are owned by an Owner, but on which are located monuments, signs, fences, landscaping, berms, sidewalks, irrigation systems or other improvements that may be maintained by the appropriate government or the Association. The Common Area shall also include all improvements on or to any
ng, berms, sidewalks, irrigation systems or other improvements that may be maintained by the appropriate government or the Association. The Common Area shall also include all improvements on or to any portion of any of the areas described in the preceding sentence. Declarant shall at all times have and retain the right, but without obligation whatsoever, to effect minor redesigns of reconfigurations of the Common Area and to execute any open space declarations applicable to the Common Area which may be permitted in order to reduce property taxes, and to take whatever steps as may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes.
"Declarant" means 579 Kimball, LLC including any affiliate of any Partner thereof and any other person or entity who is designated as a successor Declarant in writing pursuant to the provisions of this Declaration.
official Cop "Declaration" shall mean to the Declaration of Covenants, Conditions, And Restrictions ("CC&R's") governing the ESTANCIA AT SOUTHLAKE Community or any Sub-Association as, recorded by the Declarant.
"Design Guidelines shall mean and refer to those particular standards, restrictions, guidelines, recommendations and specifications applicable to all aspects of construction, placement, location, alteration, maintenance and design of any improvements within the Property, and all amendments, modifications, supplements and interpretations thereof, which may be established pursuant to section 33(d) Established Drainage Pattern" The drainage pattern as engineered and constructed by a Builder prior to (okin some cases, immediately following) conveyance of title from a Builder to the individual homeowner.
2 Page 6 of 77
attern" The drainage pattern as engineered and constructed by a Builder prior to (okin some cases, immediately following) conveyance of title from a Builder to the individual homeowner.
2 Page 6 of 77 "HUD" means the U.S. Department of Housing and Urban Development.
"Improvements" means any exterior changes, alterations or additions to a Lot from its condition at the time of purchase.
“Lot” means any of the individual platted building lots reflected, or to be reflected, on the Plat that are to be used for residential purposes as herein described.
“Managing Agent” means any Person who has been engaged and designated by the Board to manage the daily affairs and operations of the Association.
"Owner" means any Person owning fee title to any Lot, but excluding any mortgagee or beneficiary under a deed of trust until such time as it acquires legal title to a Lot.
"Person" means any individual, corporation, Limited Liability Company, partnership or other entity of any kind or types whatsoever.
"Phase" means a particular phase developed upon the Property. Declarant may impose, as provided in Section 3.3(d), additional or different restrictions on each Phase. If Declarant annexes additional property into the Property as provided in Section 8.1, it may designate the area annexed as a particular Phase, and may impose, as provided in Section 3.3(d), additional or different restrictions on such area.
“Plat” means (i) initially, the Preliminary Plat, and thereafter the Final Plat, for any Phase of the Property submitted to and approved by the appropriate government, or any other applicable governmental entity; (ii) after the recording thereof, the final Plat for any Phase of the Property as recorded in the Records of TARRANT COUNTY, Texas, and, (iii) any replat of, or amendment to,
able governmental entity; (ii) after the recording thereof, the final Plat for any Phase of the Property as recorded in the Records of TARRANT COUNTY, Texas, and, (iii) any replat of, or amendment to, the foregoing made by Declarant in accordance with this Declaration. The term "Plat" shall also include the final recorded plat of any additional property annexed into the Property pursuant to Section 8.1.
fficial Copy Unowicial "Property (-ics)" means any asset, real or personal. An ownership interest.
"Protective Covenants means the Declaration and any Supplementary Declarations affecting ESTANCIA AT SOUTHLAKE as recorded by the Declarant.
"Residence" means a single family detached residence constructed upon a Lot in conformance with this Declaration.
"Reviewer" Architectural control and design for ESTANCIA AT SOUTHLAKE is handled by either (i) the Declarant or (ii) the Architectural Control Committee The term “Reviewer”, as used in these Design Guidelines.
"Screening Wall" Any wood, wrought iron or masonry fence or wall installed by the Declarant adjacent to major roads and/or thoroughfares or adjacent property.
3 Page 7 of 77 "Street" means any paved road, but not alleys, that is typically within a forty foot (40') to sixty foot (60') right-of-way and serves the front of a Lot upon which a Residence is constructed.
"Structure" means any structure (other than a Residence), fence, driveway, sidewalk, planting, landscaping, irrigation system, wall, tennis court, swimming pool, outbuilding, playground equipment, or other improvement of any kind or type.
“Supplementary Declaration" Any Supplementary Declaration of Covenants, Conditions and Restrictions affecting a particular Estancia at Southlake HOA filing as previously recorded by the Declarant.
pe.
“Supplementary Declaration" Any Supplementary Declaration of Covenants, Conditions and Restrictions affecting a particular Estancia at Southlake HOA filing as previously recorded by the Declarant.
"VA" means the U.S. Department of Veterans Affairs.
"Vehicle" means any vehicle of any kind or type whatsoever, including any automobile, truck, motorcycle, boat, mobile home, motor home, boat trailer, or other kind of trailer.
ARTICLE 2 USE PROVISIONS Section 2.1 Permitted Uses.
Ado Cop (a) Lots Limited to Residential Use. Except as otherwise provided in this Declaration, Lots shall be used only for single family, private residential purposes and activities reasonably related thereto. Additional uses for purposes such as schools, churches, or similar activities may be permitted within the Property, provided such use has received the prior written approval from the Board of the Association or the Declarant (but only so long as the Class B membership status exists).
(b) Common Area Uses. The Common Area designated as the Open Space or Park Areas on the Plat shall be used only for recreational drainage and other similar purposes as approved by the Declarant or the Association. The Common Area consisting of landscaping, maintenance, wall maintenance easements, drainage improvements, or similar areas shall be used for such purposes or similar purposes as approved by t Declarant, but only so long as the Class B membership status exists, or the Board of the Association.
(c) Sales Offices and Similar Uses. Declarant may maintain one or more signs, sales offices, or trailers on Lots for the purpose of facilitating sales of Residences on the Property.
Declarant or the ACC may also grant the right to maintain construction trailers on the Lots and to use
offices, or trailers on Lots for the purpose of facilitating sales of Residences on the Property.
Declarant or the ACC may also grant the right to maintain construction trailers on the Lots and to use Lots for signage, sales offices and similar purposes to other Persons constructing Residences on the Property.
Uno (d) Temporary Structures. Temporary structures, other than playhouses and those used during the initial construction of a residence are not permitted.
4 Page 8 of 77 (e) Security doors and Windows. The ACC prior to installation must approve requests for security treatments for doors and windows; however, the use of “burglar bars”, steel or wrought iron bars, or similar fixtures on the exterior of any windows or doors is strictly prohibited. ACC approval is not required for the addition of screen doors or other type doors to a home or an accessory building if the material matches or is similar to existing doors on the house and if the color is complementary to that of existing doors on the home.
Section 2.2 Prohibited Uses and Activities.
(a) No Further Subdivision. No Lot may be further subdivided without the written consent of the Declarant or the ACC. Lots may be combined for the purpose of constructing a single residence on more than one Lot only upon written approval of the Declarant or the ACC. Without regard to any such permitted subdivision or combination, the Lots involved shall continue to be treated as single individual Lots hereunder for all other purposes, including voting in the Association and assessing and collecting Assessments.
(b) Parking and Vehicle Restrictions. All Vehicles shall be parked, stored of placed so as not to be visible from any Street or from ground level view from an adjoining Lot, except for
ng Assessments.
(b) Parking and Vehicle Restrictions. All Vehicles shall be parked, stored of placed so as not to be visible from any Street or from ground level view from an adjoining Lot, except for temporary parking in the driveway constructed on a Lot. On-Street parking shall be limited to temporary parking of guests or invitees of Owners during parties, delivery of services, and similar limited (no more than twelve (12) hours) time periods. Trucks with tonnage in excess of one ton and Vehicles with signage or advertising displays shall not be permitted to park overnight on the Streets, driveways, or other areas within the Property. No Vehicle that transports flammable or explosive cargo may be parked or stored within the Property. No inoperative or unlicensed Vehicles may be parked or stored, other than in an enclosed garage, within the Property. All work on Vehicles (other than routine maintenance) shall be performed only in an enclosed garage. The foregoing provisions shall not restrict the parking of trucks and other Vehicles as necessary in connection with construction of Residences or other Structures on Lets. Any truck, bus, boat, boat trailer, trailer, mobile home, camper or any vehicle other than conventional automobile shall, if brought within the properties, shall be stored, placed, or parked within the closed garage of the appropriate Owner and concealed from view from adjoining lots, common properties, or public streets, unless a variance is approved in writing by the Architectural Control Committee.
(c) Specific Use Restrictions. This Section shall not be construed so as to prohibit the conduct of a reasonable amount of in-home work, such as computer work or similar activities,
Control Committee.
(c) Specific Use Restrictions. This Section shall not be construed so as to prohibit the conduct of a reasonable amount of in-home work, such as computer work or similar activities, provided that such work of motivity does not involve the parking of Vehicles of employees, consultants, or other parties other than the occupants of the Residences in question, and does not involve the delivery or pick-up of any materials or services. Unless expressly permitted by the Declarant or the Board of the Association, no church may be maintained on the Property.
(d) Pet and Animal Restrictions. Only regular household pets such as cats and dogs shall be permitted on the Property and then only for personal use and not for any business use such as breeding kernel operations and the like. No other animals shall be permitted to be maintained upon the Property, including the following: cows, horses, bees, hogs, sheep, goats, poultry, or skunks. No more than four (4) domesticated household pets are permitted in any Residence. All pets shall be 5 Page 9 of 77 kept within the fenced-in area of an Owner's Lot and shall not be permitted to run free through the Property.
Dog runs require ACC approval on a case-by-case basis. Dog runs shall be located within side or rear yards in such a way that they are not visible to neighbors or, community open space. The ACC will evaluate the proposed location and size of the dog run with consideration given its impact on adjacent properties and streets. Generally, dog run areas should not exceed three hundred (300) square feet in size and fence height should not exceed five (5) feet. The use of underground invisible dog run fencing is highly encouraged by the ACC and is preferred over fencing. The dog run fencing
quare feet in size and fence height should not exceed five (5) feet. The use of underground invisible dog run fencing is highly encouraged by the ACC and is preferred over fencing. The dog run fencing should be immediately adjacent to the home and compatible with the home in material and color.
Galvanized chain-link fencing and any kind is prohibited. Dog runs shall be well screened from neighboring properties and streets with landscaping.
"Dog kennels" are not permitted.
(e) Outdoor Burning Restrictions. Outdoor burning of trash, leaves, and other items is prohibited. This restriction shall not be construed as prohibiting outdoor cooking on barbecue grills in connection with use of a Residence.
(f) Trash/Garbage Disposal. Trash, garbage and other waste shall at all times be kept in clean, well maintained, sanitary containers for regular scheduled pickup for removal & such items.
Trash, garbage or other waste shall not be dumped on the ground of any Lot in any Common Area.
(g) Occupancy. Each Lot shall be improved with a single family detached Residence. No Person shall occupy any garage or other outbuilding at any time (h) Projections from Structures. Window air conditioning units and other similar projections are prohibited. Any projection through the roof of any structure on the Property shall require the prior written approval of the Declarant on the AC2.
Official Cop (i) Private Water/Sewer Systems. Each Residence shall be connected to the water and sanitary sewer system, and no private water well or water, sanitary or storm sewer system is permitted within the Property unless the Declarant constructs it or approves it in advance of construction. If Declarant uses private drainage easements in areas that necessitate or contain a
ystem is permitted within the Property unless the Declarant constructs it or approves it in advance of construction. If Declarant uses private drainage easements in areas that necessitate or contain a private sub-surface storm sewer drainage system, then such sewer lines are to be kept freely running and unobstructed at all times. If the times become obstructed, all parties that benefit from their function shall be required to equally and promptly share in the cost of repair or replacement of the lines.
(j) Changes in Grade. Except for such changes as are reasonably necessary to facilitate construction of a Residence on a Lot, no Owner shall change the grade of any Lot except in compliance with all applicable laws. After Declarant has developed the Lots, the general grading, slope and drainage plan of a Lot may not be altered, and no dams, berms, channels or swales may be constructed or excavated without the prior written approval of Declarant (or the ACC), the City (if applicable) and other appropriate agencies having authority to grant such approval.
6 Page 10 of 77 (k) Visible Activities - Outdoors. Outdoor drying of clothes is prohibited. Lawn mowers, rakes, carts, and other yard equipment shall be stored from view from adjoining Lots and Streets when not in use.
(¹) General Restriction - Nuisances. In general, no condition shall be allowed to exist on a Lot which, by sight, sound or smell (as determined exclusively by the ACC), shall constitute a public or private nuisance or unreasonably disturbs any other Owner in the use and enjoyment of its Lot or the Common Area.
(m) Temporary Structures. Temporary structures, other than playhouses and those used during the initial construction of a residence, are not permitted.
ARTICLE 3 CONSTRUCTION PROVISIONS
e Common Area.
(m) Temporary Structures. Temporary structures, other than playhouses and those used during the initial construction of a residence, are not permitted.
ARTICLE 3 CONSTRUCTION PROVISIONS Section 3.1 Plan Approval Required.
No Residence or Structure shall be constructed, placed, or installed within the Property until the plans have been approved in writing by the ACC or Declarant as provided in this Article 3.
Section 3.2 Establishment of ACC.
COP ial Copy (a) Initial Appointment. The ACC shall consist of three (3) members; the Declarant shall appoint the initial members of the ACC.
(b) Term and Subsequent Appointments. The members of the ACC shall serve until they resign or are removed by the party appointing them to the ACC (which the appointing party may do at any time). Subsequent appointments to the ACC shall be made by the Declarant until such time as the Declarant either relinquishes such power by written notice to the Board, or the Declarant no longer owns any Lot; thereafter appointments to and removals from the ACC shall be made by the Board. The ACC or Declarant may engage the services of a third party to review plans and specifications pursuant to this Article.
(c) Compensation: Fee for Review. No member of the ACC shall be entitled to compensation for its services. The ACC shall impose a reasonable charge for reviewing plans.
Section 3.3 Approval Process.
(a) Submission of Plans. Any party wishing to construct a Residence or any Structure on the Property shall submit one (1) copy of complete plans and specifications in 8 ½" X 11" size or no larger than 17 to the ACC for its approval prior to commencing construction. Such plans and specifications shall include: 7 Page 11 of 77 • • • Engineered foundation design plan,
8 ½" X 11" size or no larger than 17 to the ACC for its approval prior to commencing construction. Such plans and specifications shall include: 7 Page 11 of 77 • • • Engineered foundation design plan, A detailed landscaping and outdoor lighting plan and description, Detailed lot grading plan, Detailed fencing plan, Tree preservation plan that shows all trees on the lot and which trees will be removed A site plan showing the location of all improvements on the lot and elevations, square footage of the living area, masonry percentage, roof pitch and floor plan showing garage area of the proposed Residence or Structure and the materials to be used in constructing the same, all in sufficient detail to enable the ACC to evaluate the proposed Structure or Residence.
Please do not send electrical, plumbing or mechanical plans. The ACC may and probably will request additional information, including samples of proposed materials to aid it in its decision process. Therefore it is advisable to include in the submission samples of brick, stone, paint colors, and roofing materials to be used. After receipt of a complete set of plans and specifications, the ACC shall promptly review the same and notify the Person submitting whether it approves the plans or whether it requires changes thereto. Altemately, the ACC may disapprove a set of plans by so noting thereon and returning it to the Person submitting, accompanied by a statement of the reasons for disapproval. No construction shall be commenced on any portion of the Property unless and until the ACC or Declarant has approved the plans for the Residence or Structure in question in writing. Procurement of applicable permits from other governmental agencies is the responsibility of the Owner and
ACC or Declarant has approved the plans for the Residence or Structure in question in writing. Procurement of applicable permits from other governmental agencies is the responsibility of the Owner and shall be obtained prior to commencement of construction. Once begun, construction shall be completed expeditiously and in strict accordance with approved plans. No structure may be occupied until a certificate of occupancy has been issued by an authorized government authority and a certificate of compliance issued by the ACC.
(1) Hours of Operation.
Hours of operation shall be the time frames of when exterior construction is allowed. Which will be established by the Board of Directors.
(2) Construction Trailers, Shed, or Temporary Structures.
ficial All construction trailers, sheds, or temporary structures require ACC approval prior to installation. All such shelters shall be removed upon completion of construction or upon the request of the ACC. Temporary living quarters for workmen are strictly prohibited.
(3) Sanitary Facilities.
The contractor shall be responsible for providing adequate sanitary facilities for construction workers. It is the obligation of all contractors and subcontractors to leave the project site free from trash, debris, unused materials and equipment. The ACC reserves the right to specifically assess any and all contractors, subcontractors, or Owners for clean-up cost.
Construction Drainage.
The Owner shall install and maintain temporary erosion control measures during the construction period as described above. Temporary barriers such as silt fences shall be utilized as 8 Page 12 of 77 needed. It is recommended that the Owner landscape slopes as soon as possible after grading has been completed to control erosion.
(5) Vehicles & Access.
lt fences shall be utilized as 8 Page 12 of 77 needed. It is recommended that the Owner landscape slopes as soon as possible after grading has been completed to control erosion.
(5) Vehicles & Access.
All vehicles shall be parked so as not to impede traffic or damage surrounding natural landscape. The ACC may designate, at time of plan review or during construction, specific arcas for the parking of construction workers' vehicles and/or equipment. Washing of vehicles and/or construction equipment on streets within ESTANCIA AT SOUTHLAKE is prohibited. Concrete Washout is prohibited except in areas designated by Declarant clearly marked with appropriate signs.
(6) Utility Disruption.
If any telephone, cable TV, electrical, water, or other utility lines are cut, it is the offending party's obligation to report the incident to the ACC and the affected utility provider.
(b) Time for Review/Approval. The ACC shall approve or disapprove all plans submitted for construction within thirty (30) days after the date it receives a complete set of plans and specifications; if the ACC fails to specifically approve or disapprove of any plans within such thirty (30) day period, then the ACC shall be deemed to have not approved the plans submitted. Under no circumstances shall the ACC's failure to respond within the thirty (30) day period constitute deemed approval of, or the granting of a variance for any aspect of construction, use of materials, or location of improvements, which would otherwise constitute a violation of the Covenants or the Design Guidelines.
(c) Review Standards. The ACC, in reviewing and approving plans for construction of Structures or Residences, shall use commercially reasonable efforts to promote and ensure a high
Design Guidelines.
(c) Review Standards. The ACC, in reviewing and approving plans for construction of Structures or Residences, shall use commercially reasonable efforts to promote and ensure a high level of taste, design quality, aesthetic harmony, and conformity throughout the Property, consistent with the standards established by this Declaration and any Design Guidelines. Where the condition imposed by and provision of these Design Guidelines are less restrictive than comparable condition imposed by an appropriate government agency where permit requirement or building code or regulation, the more restrictive provision shall govern.
(d) Design Guidelines/Building Standards. The Declarant or the ACC may but is not required to, from time to time, establish specific guidelines and building standards to assist Persons in determining the type of Structures and Residences, which may be constructed on the Property.
Pursuant to Section 8.1, Declarant may annex additional Property to become a portion of the Property, and may develop the overall Property in various Phases. Declarant may establish differing restrictions, guidelines and building standards for each such Phase of the Property, which may impose more restrictive or less onerous building standards with respect to a particular Phase. The ACC or Declarant may amend or modify such guidelines or standards from time to time in its sole discretion. Such guidelines or standards shall supplement this Declaration and be general guides to permitted construction within the Property, but shall not diminish the authority of the ACC and Declarant to approve plans as otherwise herein provided.
(e) Failure to Obtain Approval. The construction, repair, replacement, installation, or
ty, but shall not diminish the authority of the ACC and Declarant to approve plans as otherwise herein provided.
(e) Failure to Obtain Approval. The construction, repair, replacement, installation, or placement of any Structure or improvement of any type on a Lot without the prior written approval 9 Page 13 of 77 from the ACC shall constitute grounds for the imposition by the ACC or the Association of an automatic fine against the Owner of said Lot not to exceed Five Hundred and No/100 Dollars ($500.00) per day until such approval is obtained or such improvements removed. A fine levied under this Section shall be charged to the Owner's assessment account, payable upon demand and secured by the lien created in Article 6.
(f) Compliance With Plans. Contractors are responsible for complying with the approved construction plans, these Design Guidelines and the Tree Preservation Requirements and Streetscape Design Guidelines. If trash, debris, or spillage is not cleaned up, or damage to protected or improved areas is not repaired the ACC reserves the right to complete the cleanup or repairs needed and specifically assess all related costs to the contractor and/or Owner. Contractors and Owners are encouraged to notify the ACC of any potential issues related to compliance with approved plans.
(g) Limitation of Liability. Neither the Declarant, its officers, directors, partners, agents, employees, representatives, parent or subsidiaries, nor the Association, the Board, or the ACC, including any of its respective members, shall be liable to any Person for any official act of the ACC in connection with submitted plans and specifications. Notwithstanding any approval by the Declarant or the ACC, neither the Declarant nor the ACC shall be responsible or liable to any Person
the ACC in connection with submitted plans and specifications. Notwithstanding any approval by the Declarant or the ACC, neither the Declarant nor the ACC shall be responsible or liable to any Person with respect to any loss, liability, claim or expense, which may arise by reason of such approval or the construction of a Residence, or Structure related thereto. Neither the Declarant, the Association, the Board nor the ACC shall be responsible in any way for any defects in any plans or specifications submitted, reviewed or approved in accordance with the provisions of this Declaration, nor for any structural or other defects in any work done according to such plans or specifications. No approval of any plans by either the ACC or the Declarant shall be construed to mean that the plans comply with any applicable law, building code, or governmental regulation, it being the responsibility of the Person submitting any plans to assure compliance with all applicable laws. Conversely, the issuance of a building permit or any approval from any governmental authority shall not, under any circumstance, constitute any evidence that construction of a Residence or a Structure complies with the terms and conditions contained in this Declaration or any Design Guidelines. Declarant and members of the ACC shall have no liability for decisions made by them regarding the approval or disapproval of plans, so long as the decisions are made in good faith and are not discriminatory, arbitrary, or capricious.
Section 3.4 Specific Construction Provisions.
Offic (a) Setbacks. All Residences and other Structures shall be constructed in conformity with the setback requirements of the appropriate government agency having jurisdiction over the same and the building lines reflected on the Plat.
d other Structures shall be constructed in conformity with the setback requirements of the appropriate government agency having jurisdiction over the same and the building lines reflected on the Plat.
(b) Structure Size and Type. Each Residence shall have the minimum number of square feet of enclosed air-conditioned area as set forth by the appropriate government agency and as set forth in Section 3.5. Each Residence shall be of new construction on a Lot and no mobile homes or manufactured housing shall be permitted on the Property except on a temporary basis in connection with construction or sales activities.
10 Page 14 of 77 (c) Garage Requirements. Each Residence shall have at least a three car attached garage constructed as a part thereof. No garage shall face a residential street or any of the Common Properties unless approved in writing by the ACC. Whenever possible, an auto court shall be formed with screen walls and/or landscaping around these spaces to reduce garage door impact. All garage doors to be of highly quality wood cedar. An example of the type of the exact type of door must be submitted to the ACC for approval prior to installation.
(d) Drive/Walkway Requirements. All driveways and sidewalks shall conform to applicable appropriate government agency and other governmental specifications and regulations.
Sidewalks shall be installed by the builder and shall have a finish consistent with the driveway on the lot, unless approved otherwise by the ACC.
All driveways and flat work above the R.O.W. line to be exposed aggregate, salt finished concrete, stamped concrete, pavers or other material other than plain concrete to be approved by ACC prior to installation.
Extension or expansion of driveways requires ACC approval prior to installatio
ncrete, stamped concrete, pavers or other material other than plain concrete to be approved by ACC prior to installation.
Extension or expansion of driveways requires ACC approval prior to installatio The ACC shall not approve such extensions or expansions intended for side yard parking or vehicle storage.
(c) Windows. Windows minimum - high quality Anderson, Pella or similar product to be used on entire front of home. High quality vinyl windows to be allowed with ACC review.
(f) Not used.
(g) Awnings and Overhangs.
nofficial Cof CORY The use of awnings and overhangs requires AC approval prior to installation. The materials and colors shall be the same or generally recognized as being complementary to the exterior of the building and will be attached directly to the structure without requiring supporting columns or poles.
Neither metal nor plastic awnings will be permitted.
(h) Decks & Balconies.
ACC approval is required prior to the installation of a deck or balcony. Decks and balconies shall be constructed of wood or of a material similar to that of the residence and, if painted, shall be painted a color similar to or generally accepted as complementary to the residence. Decks and balconies shall be installed as an integral part of the residence. Any such decks or balconies shall be located so as not to obstruct or diminish the view from or create a nuisance for adjacent property owners. Construction shall not occur over easements and shall comply with the applicable Design Review procedures set forth in this Declaration. Where the condition imposed by and provision of these Design Guidelines are less restrictive than comparable condition imposed by an appropriate government agency where permit requirement or building code or regulation, the more restrictive 11
n of these Design Guidelines are less restrictive than comparable condition imposed by an appropriate government agency where permit requirement or building code or regulation, the more restrictive 11 Page 15 of 77 provision shall govern. Decks shall be no more than two (2) feet off the ground and shall be set back a minimum of five (5) feet from property lines. Views under decks shall be screened.
(i) Patios.
ACC approval is required for the construction of patio covers, open patios, and enclosed patios. Freestanding patio covers are acceptable, as approved, as are roof extensions (loggias). Patio covers and posts shall be constructed of wood or of a material generally recognized as complementary to the residence and shall be similar to or generally recognized as complementary in color to the exterior color of the residence.
Open patios should be an integral part of the landscape plan and should be located so activities do not create a nuisance for adjacent property owners. The patio color shall be similar to or generally accepted as a color complementary to the color of the residence. Enclosed patios shall be constructed of materials that are similar to or generally accepted as complementary to those of the residence.
(j) Painting/Repainting.
ppy ACC approval is required for any exterior painting or repainting of the home or its accessory improvements. The submittal shall contain the manufacturer's paint chips with name and code number. All exterior finishes should be in subdued earth tones such as gray, green, brown, muted blues or reds, or other similar colors. Generally, garage doors should be painted a muted color and blend with other colors of the home, as prescribed herein. Note: If paning home same or similar color ACC Approval is not required.
colors. Generally, garage doors should be painted a muted color and blend with other colors of the home, as prescribed herein. Note: If paning home same or similar color ACC Approval is not required.
(k) Alterations, Additions and Expansions.
ACC approval is required for any exterior alteration to, addition to, or expansion of a home.
The architectural design and materials :::::: all exterior additions, alterations, or renovations shall conform to the original home's design intent with respect to style, detailing, and materials used in the initial construction, as prescribed herein.
(I) Accessory Structure Provisions All ancillary Structures (as described below) shall conform to the requirements of this Section. ACC approval is required prior to construction of any accessory structure, including but not limited to sheds and permanently installed playhouses. Applications for accessory structures will be reviewed with regard to Lot size, setbacks, and primary building size. Accessory structures should serve as functional elements and enhance the aesthetic qualities and visual theme of ESTANCIA AT SOUTHLAKE Accessory structures such as permanent storage sheds and gazebos shall be located in the rear yard or in a location not prominently visible from the street, and shall adhere to the standards herein. Storage sheds, and gazebos shall be architecturally compatible with the home.
Accessory structures shall meet the following criteria: 12 Page 16 of 77 " • • Accessory structures shall be of the same color, material, and architectural style as the main residence or of color, material, and style that is generally recognized as complementary to that of the main residence.
An accessory structure's roofing materials shall match those of the main residence.
idence or of color, material, and style that is generally recognized as complementary to that of the main residence.
An accessory structure's roofing materials shall match those of the main residence.
Accessory structures shall be no larger than 8'x8', unless a variance is given Accessory structures shall conform to the side and rear yard setbacks.
Accessory structures shall not unreasonably obstruct any adjacent neighbor's view.
Carports (non-fully enclosed automobile shelters) are prohibited.
(1) Antennae/Satellite Dishes. The erection, construction, placement or installation of any television, radio, or other electronic tower, serial, antenna, satellite dish or device of any type for the reception or transmission of radio or television broadcasts or for any means of communication upon a Lot or upon any improvement thereon is prohibited except as provided for herein. This prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor provision) promulgated pursuant to the Telecommunications Act of 1996, as amended from time to time. The ACC or the Declarant shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae All television antennas and other antennas and aerials shall be located inside the attic of the residence constructed on the Lot. Amateur radio towers and antennas (whether for reception or transmission) are specifically prohibited. No exterior television, radio or other antenna of any type shall be placed, allowed or maintained upon any Lot, Residence, or Structure without prior written
transmission) are specifically prohibited. No exterior television, radio or other antenna of any type shall be placed, allowed or maintained upon any Lot, Residence, or Structure without prior written approval and authorization of the ACC Satellite dishes larger than one (1) meter in diameter are prohibited. The satellite dish or antenna shall be placed in the rear or side yard in such a manner that it is screened from view from adjacent streets and neighboring properties.
(2) Fences and Walls, Fencing shall be of brick, stone, metal, cedar or a combination of same and require Act approval All fencing and pool barriers shall meet the City's Pool Code.
(a) 1815 No fence, wall gate, driveway gate, wall or hedge shall be erected, placed or altered on any Lot without the prior written approval of the ACC and the design of and materials used in the construction of fences shall be subject to the prior written approval of the ACC. No fence, wall or hedge shall be erected, placed or altered on any hot hearer to any street than the minimum building setback line indicated on the Plat, unless otherwise permitted by the ACC and in accordance with the requirements of the City. No fence may be installed upon any public sidewalk, Properties or pedestrian easement, unless approved by the ACC.
(b) Un Front Yard Fencing. Fencing will be allowed to extend from the perimeter of a dwelling to the side or rear property lines, provided; however such fence shall be set back at least ten feet (10') from the primary perimeter dwelling wall facing the street. All fences, walk gates and driveway gates facing the street on 13 Page 17 of 77 which the house fronts shall be of black ornamental iron per the specifications identified in the Fencing addendum attached hereto as Exhibit D and shall be
gates facing the street on 13 Page 17 of 77 which the house fronts shall be of black ornamental iron per the specifications identified in the Fencing addendum attached hereto as Exhibit D and shall be constructed with brick or stone columns at the corners that are consistent and complimentary with the home's exterior. All fences, walk gates and driveway gates facing the Common Properties shall be of black ornamental iron per the specification identified in the Fencing Addendum attached hereto as Exhibit D with brick or stone columns at the corners that are consistent and complimentary with the home's exterior and require prior written approval of the ACC. All fencing shall be of construction identical to the type of construction used on the residence located on such Lot and no higher than six feet (6'). All air conditioning compressors, pool equipment, and other mechanical equipment shall be screened from public view.
(c) Side and Rear Yard Fencing. Fences should be provided for privacy of yards and patios, screening of equipment and garbage containers in side and rear yards. Fencing between Lots shall be of ornamental iron or wood material, any wood fence shall be constructed of cedar material or better, has slats which are installed vertically only (not horizontally or diagonally), is no higher than six feet (6'), and stained with Ready Seal #015 Medium Brown only and in accordance with the specifications identified on Fencing Addendum attached hereto a Exhibit D.
Builders shall face the railed side of the cedar fence to the inside of the lot in order that the street appearance of the wood fence is homogeneous throughout the addition.
Corner lot fences facing the side street shall be no higher than six feet (6') of cedar
inside of the lot in order that the street appearance of the wood fence is homogeneous throughout the addition.
Corner lot fences facing the side street shall be no higher than six feet (6') of cedar material or better and stained with Ready Seal #015 Medium Brown only with brick or stone Columns at the corners and in accordance with the Fencing Addendum attached hereto.
All side yard fences on corner lots shall be constructed within the side yard building line, unless otherwise approved by the ACC. All fences, walk gates and driveway gates facing the Common Properties shall be of black ornamental iron per the specifications identified in the Fencing Addendum attached hereto as Exhibit D with brick or stone columns at the corners that are consistent and complimentary with the home's exterior. Driveway gates facing the side street on corner lots shall also be of black ornamental iron as specified in the Fencing Addendum attached hereto as Exhibit D with brick or stone columns and require prior written approval of the ACC.
All fences visible to the street may be required to screen with shrubs and/or brick or stone columns per the direction of the ACC.
Unofficial Col Fences are not permitted to block the flow of water on any drainage easements or adversely affect the drainage of the lot or any lot adjacent to it. Any fencing will have to be approved by the ACC. The ACC may, from time to time at its sole discretion, permit Owners to construct fences or walls, which are in variance with the provisions of the paragraph where, in the opinion of the ACC, the fence or wal is an integral part of the home.
14 Page 18 of 77 (3) Outbuildings. Outbuildings shall be generally discouraged generally not
isions of the paragraph where, in the opinion of the ACC, the fence or wal is an integral part of the home.
14 Page 18 of 77 (3) Outbuildings. Outbuildings shall be generally discouraged generally not allowed. Request for any out building can be sent to the ACC and each request will be reviewed on a case by case basis. Such requests include a detailed drawing of such proposed plan that includes material examples, detailed elevations, etc. Installation of any outbuilding the prior written approval from the ACC is strictly prohibited.
Streets.
(4) Trash Containers. All trash containers shall be screened from view from (5) Hedges. Hedges shall be maintained at a height that is in conformity with the height of fences and walls. No hedge shall be maintained in a manner that obstructs any sidewalk or the visibility of intersections of Streets and/or alleys.
(6) Retaining Walls. Retaining walls, other than those constructed by the Declarant, require prior written approval by the ACC to ensure conformity with the requirements contained in any Design Guidelines with respect to location, construction, and materials. The Owner Builder of the "high side" property shall be responsible for installation of side property line retaining walls. Retaining walls shall not exceed four (4) feet in height, unless engineered by a licensed engineer in the State of Texas, there shall be a minimum of five (5) feet between adjacent walls, and walls shall be located so as not to alter established drainage patterns. Except for those built by Declarant or its affiliates, any retaining walls which generally face an alley or are either between Residences or along or adjacent to the side or rear property lines of Lots shall be constructed of masonry or stone
affiliates, any retaining walls which generally face an alley or are either between Residences or along or adjacent to the side or rear property lines of Lots shall be constructed of masonry or stone materials unless the ACC has otherwise provided prior written approval. Except for those built by Declarant or its affiliates, any retaining walls which generally face a Street or are along or adjacent to the front property lines of Lots shall be constructed of stone materials unless the ACC has otherwise provided prior written approval.
Pursuant to the Declaration, the foregoing standards are intended as an aesthetic guide only. Neither the Declarant nor the ACC ensures the soundness, structural integrity, or effectiveness of retaining walls constructed in conformity with this section. Neither the Declarant nor the ACC shall be responsible for ensuring the structural integrity or soundness of any approved retaining wall (7) Mailboxes All mailboxes in the property shall be of a design consistent to the design in Exhibit the United States Postal Service regulations and any Design Guidelines.
(8) Swimming Pool/Recreational Facilities. A swimming pool, spa and/or recreational facilities may be constructed within any Lot provided the plans are approved by the ACC prior to commencement of construction to ensure compliance with the requirements contained in any Design Guidelines with respect to location and screening. The ACC will review requests for swimming pools and pool equipment on a case-by-case basis.
Consideration will be given to, but not necessarily limited to, setback from and impact on neighboring properties and the size of the pool enclosure. Any Spa shall be located in the 15 Page 19 of 77
.
Consideration will be given to, but not necessarily limited to, setback from and impact on neighboring properties and the size of the pool enclosure. Any Spa shall be located in the 15 Page 19 of 77 side or rear yard in such a manner that it is not immediately visible to adjacent property Homeowners. Spas should be designed as an integral part of the deck or patio area where they are located. Above ground pools are prohibited.
(9) Signage. The Declarant shall have the right and privilege to develop and implement uniform signage specifications and requirements applicable throughout ESTANCIA AT SOUTHLAKE, including Builder "For Sale" signage and model home signage. Except for Declarant's signs, Existing homes for sale or for lease shall have no more than one temporary sign per Lot that advertises property, which stands no more than four (4) feet high, which has dimensions of no more than five (5) square feet, and which is conservative in color and style. Temporary signs may be displayed only while the Lot/home is for sale or lease and shall be removed when the property is no longer for sale or lease.
Political signage is allowed so long as it strictly complies with the conditions set forth in any Design Guidelines as to number, location, when such signs are allowed prior to the election, and the time period after the election upon which the signs shall be removed Spirit signs (announcing the involvement of teenagers in athletics or school programs) shall only be allowed if provided for and in strict compliance with any Design Guidelines. Such advertising and spirit signs shall be subject to approval of the ACC.
Each Owner hereby grants permission to the ACC or its duly authorized agents) to enter upon a Lot or any part of the Property and remove any sign, billboard
ns shall be subject to approval of the ACC.
Each Owner hereby grants permission to the ACC or its duly authorized agents) to enter upon a Lot or any part of the Property and remove any sign, billboard or advertising structure that does not comply with the above requirements and, in doing so, shall not be subject to any liability to any Person whatsoever for trespass, conversion, or any claim for damages in connection with such removal. The ACC's cost to remove any sign shall be added to the Owner's assessment account, is payable upon demand and secured by the lien created in Article 6. Unauthorized signs placed by builders, trades, homeowners, or other parties, placed in or on right of ways, thoroughfares, collectors, Common Areas, will be prohibited. If a violation does occur the Declarant or ACC reserves the right to remove the sign.
Every Owner shall provide address numbers or sign incorporated into the design of the residence and clearly visible from the street. Painting of address numbers on the street curb is prohibited. One security sign may be permitted in the front yard located either adjacent to the driveway or inclose proximity to the front entrance of the main dwelling. The ACC may impose size, shape and color restrictions on security signs. No signs shall be erected on the roof of any structure.
Unof icial The content placement and appearance of all temporary signs are subject to ACC approval NO) Exterior Lighting. ACC approval is required prior to changing or adding exterior lighting. In reviewing lighting requests, the ACC will consider the visibility, style, location and quantity of the light fixtures. Landscape lighting fixtures shall be dark-colored so as to be less obtrusive and shall be as small in size as is reasonably practical. Exterior 16
, style, location and quantity of the light fixtures. Landscape lighting fixtures shall be dark-colored so as to be less obtrusive and shall be as small in size as is reasonably practical. Exterior 16 Page 20 of 77 lighting shall not produce glare or direct illumination across a property line of an intensity that creates a nuisance or detracts from the use or enjoyment of adjacent property.
Lighting for walkways generally should be directed toward the ground.
(11) Rain Gutters. The use of rain gutters is required to capture all drainage coming of the roof.
(12) Air-Conditioning and Other Mechanical Equipment. ACC approval is required prior to the installation of air-conditioning equipment. Ground level air conditioning units shall be installed at street level only. All mechanical equipment, including airconditioning equipment, shall be located in a side or rear yard only and shall not be viable from Streets or Common Areas.
(13) Energy Conservation. The use of energy conservation techniques is encouraged when appropriate. Solar technology shall be screened from view from adjacent properties and the public right-of-way and must be approved by the ACC prior to installation.
Site planning and landscape design for energy conservation is encouraged (14) Latticework. Attached latticework or garden trellis may be installed without approval, provided it is an integral part of the landscaping and complementary to the exterior materials of existing structures. Freestanding latticework will be considered as a Gazebo (see above).
(15) Nadial Copy Play Structures. Play structures shall be located in the rear yard and set back a minimum of five (5) feet from property lines. Play structures shall be predominately
ebo (see above).
(15) Nadial Copy Play Structures. Play structures shall be located in the rear yard and set back a minimum of five (5) feet from property lines. Play structures shall be predominately muted earth tone colors and shall not exceed eight (8) feet in height. Playhouses larger than 30 sq. ft. or over eight feet in height shall be considered an accessory structure and require ACC approval.
(16) Recreational Equipment Permanent freestanding, pole-mounted basketball goals are not allowed in the front yard.
Portable freestanding basketball goals are conditionally allowed if placed for play within the side or rear yard and properly stored out of public view when not in use. Placement and use of freestanding goals within the street rightof-way or cul-de-sack is prohibited. Approval is not required for the installation of recreational equipment in side and rear yards, so long as the equipment is no taller than seven (7) feet and not visible from the street.
Owners should exercise consideration toward neighbors. Any recreational equipment shall be set back a reasonable distance from adjacent property lines so as to avoid disturbing neighbors.
ur Yard Ornaments. Yard omaments, including but not limited to, birdhouses, fountams, sculpture, statues, and banners require ACC approval.
17 Page 21 of 77 (18) Hardscape Materials. All materials and construction should communicate high quality and craftsmanship. Specification for hardscape materials shall be subject to the approval of the ACC. The ACC may request samples of hardscape materials.
The Owner shall secure ACC approval prior to paving with any paving material, including without limitation concrete, asphalt, brick, flagstone, stepping stones, and pre-cast
es of hardscape materials.
The Owner shall secure ACC approval prior to paving with any paving material, including without limitation concrete, asphalt, brick, flagstone, stepping stones, and pre-cast patterned or exposed aggregate concrete pavers, and for any purpose, including without limitation walks, driveways, or patios.
(19) Vegetable Gardens. ACC approval is not required if located in rear or side yards so that both the garden and its accessory operating areas are screened from view of adjacent homes, public areas and the street. Vegetable gardens should not have excessive weeds, and plants should be removed at the end of each growing season. Tall plants, such as corn and sunflowers, shall be completely screened from view from adjoining properties and public right of ways.
(20) Sight Triangle Maintenance. Homeowners shall keep Property within traffic triangles free at all times of any object greater than 18 to 24" in height.
height> (21) Gazebos and Greenhouses.
ACC approval is required prior to the construction of any gazebo or greenhouse. Any gazebo or greenhouse should be an integral part of the landscape plan.
Section 3.5 Construction Materials.
Co All construction materials shall conform to the following provisions: (a) Building Materials. Except to the extent a higher percentage is required by the appropriate governmental agency, the total exterior wall area (as used herein the term "total exterior walk area" shall exclude windows, doors, porches and gables) of each building constructed or placed on a Lot shall be not less than 100 percent (100%) brick, stone, Portland cement stucco, masonry or other material approved by the Declarant. Masonry siding such as Hardi-plank or similar products is specifically
ll be not less than 100 percent (100%) brick, stone, Portland cement stucco, masonry or other material approved by the Declarant. Masonry siding such as Hardi-plank or similar products is specifically NOT an acceptable pro to use, nor is EFIS or other simulated stucco products.
All areas above the height of the top of the standard height first (1st.) floor are not excluded from the calculation of the total exterior wall area. All materials shall be subject to approval by the ACC in accordance with the provisions in any Design Guidelines as to aesthetic appearance and shall conform to any and all governmental agency ordinances.
The following are specifically prohibited except with the express written onsent of the ACC: Un Metal structures such as sheds Metal as a building skin 18 Page 22 of 77 Mirrored glass Exposed cinder block Vinyl siding Pressed Masonite (b) Minimum & Maximum Livable Floor Area. The total airconditioned living area of the main residential structure constructed on each Lot, as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory buildings, shall be as follows: The Minimum livable square footage on all lots shall be 3,500 square feet with a minimum 75% on the 1st floor with no Maximum square footage.
Section 3.6 Height Restrictions.
All Structures shall conform to the height restrictions of the governmental agency and shall not exceed two and one half (2 ½) stories.
Section 3.7 Roof Restrictions.
py All roofs shall have at least a 10:12 pitch on the main structure and on garage structures unless otherwise approved by the ACC. All roofing materials must be fireproof and conform to governmental agency requirements, and are subject to ACC approval. Asphalt shingles shall be
age structures unless otherwise approved by the ACC. All roofing materials must be fireproof and conform to governmental agency requirements, and are subject to ACC approval. Asphalt shingles shall be minimum of three-ply 35-year dimensional architectural grade shingle or equivalent is required. The color of shingles shall be "weatherwood" or similar color. Lower pitch to be allowed for Mediterranean or Tuscany type architecture. Tile Shingles or similar "hard" roofing material (samples and color to be approved by ACC in advance of construction) to be required of any Mediterranean or Tuscany type architecture. See Exhibit D for additional restrictions.
Section 3.8 Construction Period and Process.
Construction of any Residence shall be pursued with all due diligence and, in any event, shall be completed within twelve (12) months after commencement. Construction of any other Structure shall be completed within the time periods specified in the plan approval process. All areas under construction shall be maintained in a clean, safe condition, and debris, trash, and rubble shall be stored in appropriate containers and promptly removed from the Property.
(a) Utilities and Utility Easements. Existing utilities and utility easements are located throughout ESTANCIA AT SOUTHLAKE. Prior to commencing construction, owners are responsible for locating and avoiding existing water, sewer, electrical and other utility lines or building over utility easements. It is the responsibility of the Owner to repair or replace existing utilities damaged during work on his or her Lot.
U 19 Page 23 of 77 (b) Landscaping.
(1) General A site plan showing the house location and landscape plan must be submitted as a part of the plan approval process. Landscape plans must show existing areas
Page 23 of 77 (b) Landscaping.
(1) General A site plan showing the house location and landscape plan must be submitted as a part of the plan approval process. Landscape plans must show existing areas to be left undisturbed, proposed planting areas, sodded areas and all tree locations both existing and proposed. Final plans must include a plant list that includes the botanical and common names, plant sizes and spacing.
All landscaping required shall be installed by the Builder and must be installed by the earlier of either two (2) weeks following the completion of a house or two (2) weeks following change of ownership.
Views from the roadways, lakes and amenities toward a landscaped yard should complement the appearance of the existing natural vegetation. All front, side and rear yard areas must be landscaped and should contain primarily native plants selected from the Recommended Tree and Plant List. A listing of the recommended plants is contained in Exhibit G.
V The existing native trees and shrubs may be trimmed or shaped to accept the landscape design. Native plants or trees or varieties which do well in the climatic zone of the site are required. ACC review of landscape plans will focus on plant selection.
Ease of maintenance should be considered in the design of the landscape.
(2) Lawns St. Augustine species, Bermuda and Hybrid Varieties are suitable as a lawn. Buffalo grass is not allowed as a lawn grass. The ACC may require a specific grass variety for certain locations for consistency and visual continuity. Front and side yards on all lots shall be sodded. Rear yards shall be sodded a minimum of four (4) feet around the perimeter. (Exception: All rear yards visible from common greens, and/or the golf course
nt and side yards on all lots shall be sodded. Rear yards shall be sodded a minimum of four (4) feet around the perimeter. (Exception: All rear yards visible from common greens, and/or the golf course must be sodded.) No gravel or rock shall substitute as a ground cover, lawn or mulch.
" (3) Shrubs Shrub masses can be used to buffer intruding noises and views and screen private areas. All shrub plantings shall be massed in groupings of three or more plants.
Formal hedge lines as a buffer device are acceptable.
nofficia (4) Trees A minimum of two shade trees are required to be planted on each lot.
The number and size of trees required will vary with neighborhoods. See the appropriate neighborhood specific Streetscape Plan for details. (Exception: existing lots with trees to remain.)
Note: removal of single trunk trees in excess of four (4) inches in diameter or multitrunk trees in excess of six (6) inches in total diameter requires prior approval of the ACC.
(Industry standard measurement shall apply: trees six (6) inch caliper or smaller shall be measured six (6) inches above natural grade. Trees larger than six (6) inches caliper shall be measured twelve (12) inches above natural grade.)
20 20 Page 24 of 77 (c) Landscape Maintenance. The following practices are suggested to help minimize maintenance problems: >Plants should be chosen with regard to the region's climate and their ultimate size, shape and growth rates.
Plants and irrigation heads shall be located out of the path of pedestrian/bicycle traffic.
Irrigation systems should be maintained. Such maintenance should include draining and servicing sprinkler systems and conducting operational checks on a weekly basis to ensure proper performance of the system.
n systems should be maintained. Such maintenance should include draining and servicing sprinkler systems and conducting operational checks on a weekly basis to ensure proper performance of the system.
➤ Fertilization, weed and pest controls, etc. should be provided only as required for optimum plant growth.
(d) Lot Grading. Owners shall not grade their property in a manner that interferes with the established drainage pattern over any property, except as approved in writing by the ACC. Owners should work with the natural contours and seek solutions that minimize the impact of grading with respect to major alterations of existing grades. Grading shall not extend onto adjacent properties without approval of the Owners of those adjacent properties.
Berms, slopes and swales may be used to define spaces, screen undesirable views, and reduce noise and high winds but should not exceed three (3) feet of horizontal distance to one foot of vertical height (3:1 slope). This will permit greater ease of mowing and general maintenance. Extensive cut/fill slopes are discouraged. Fill slopes shall not exceed 3:1. Cut slopes may be 3:1 if the soil's natural angle of repose allows.
Terracing which utilizes retaining walls may be used where the space cannot accommodate the maximum slope, provided that retaining walls shall not exceed four (4) feet in height, with a minimum of five (5) feet between adjacent walls. Retaining wall locations are subject to ACC approval.
pproved (e) Drainage. Existing and proposed drainage and grading shall be indicated on the Site Plan. Owners shall not interfere with the established drainage pattern over any property except as approved in writing by the ACC. Homeowners may make drainage
d grading shall be indicated on the Site Plan. Owners shall not interfere with the established drainage pattern over any property except as approved in writing by the ACC. Homeowners may make drainage modifications to the Lote provided that they do not alter the established drainage pattern.
Landscape plans shall conform to the established drainage pattern, shall cause water to drain away from the foundation of the house, and shall prevent water from flowing under or ponding near or against the house foundation. Water shall flow fully over walkways, sidewalks of driveways into established retainage patterns. Obstruction of surface flows resulting in a backup of water onto any Lot or Tract is strictly prohibited. If deemed necessary, the ACC may require a report from a drainage engineer as part of landscaping or improvement plan approval. As defined above, accepted erosion control measures shall be used during construction to reduce adverse silting impacts downstream.
21 Page 25 of 77 (d) Right to Waive or Modify Specific Instruction Provisions. The ACC shall have the right, in its discretion, to grant reasonable waivers of the construction provisions set forth in this Declaration, and any such waiver shall not entitle any other person to a similar waiver.
Section 3.9 Declarant Rights.
So long as Declarant owns any Lot, Declarant may exercise any of the rights of the ACC under this Article 3.
Section 4.1 ARTICLE 4 MAINTENANCE PROVISIONS Owner's Obligation to Maintain, Each Owner shall maintain its Lot and the Residence and other Structures thereon in a clean, first class condition. Each Owner shall regularly mow grass and maintain the landscaping on its Lot in good condition at all times. Each Owner shall maintain the exterior of all Residences and
clean, first class condition. Each Owner shall regularly mow grass and maintain the landscaping on its Lot in good condition at all times. Each Owner shall maintain the exterior of all Residences and Structures in good condition and shall make such repairs and replacements as necessary to maintain good order and the aesthetic harmony of the Property.
Section 4.2 Damaged Improvements.
op If any Residence or Structure is damaged in any way, the Owner shall immediately repair such damage or, in the case of substantial damage when the Owner does not wish to rebuild, raze the damaged Structure or Residence and remove the same and leave the surface of the Lot in good order.
Section 4.3 Declarant/Association Right to Rerform.
ial If any Owner fails to maintain the condition of its Lot, the landscaping thereon, including the prompt removal of deceased trees and shrubs, or the Residence or other Structures thereon as contemplated by this Article 4 and fails to take action to correct such defect within ten (10) days after the Declarant or the Association has furnished written notice thereof to such Owner, then the Owner of such Lot hereby grants permission to the Declarant or Association (or its duly authorized agents) to enter upon such Lot and perform those duties which the Owner failed to perform without liability whatsoever to such Owner or any Person for trespass, conversion, or any claim for damages. The cost of performing such duties shall be added to the Owner's assessment account and shall bear interest at the fate of eighteen percent (18%) per annum (but not in excess of the lawful maximum rate), be payable upon demand, and shall be secured by the lien provided for in Article 6.
Section 4.4 Un Easement Maintenance.
ighteen percent (18%) per annum (but not in excess of the lawful maximum rate), be payable upon demand, and shall be secured by the lien provided for in Article 6.
Section 4.4 Un Easement Maintenance.
Each Owner grants to the Association, the Board, and the Declarant the right to access, repair, and maintain all facilities and improvements within any wall, entry, fence, landscape, or other similar 22 22 Page 26 of 77 easement as recorded on any Plat. By acquisition of a Lot, each Owner hereby grants, creates and conveys unto the Association, the other adjacent Owners and the Declarant a perpetual Drainage Easement (herein so called) over, through, under and across the Owner's Lot for the purpose of permitting runoff and/or storm water to drain from other adjacent Lots over, through, under and across the Owner's Lot(s). Without limiting the foregoing, in order to facilitate drainage from the Property subject to the Declaration over, through, under and across the Owner's Lot, each Owner hereby agrees that the Declarant or the Association, as the case may be, shall have the right to enter onto the Owner's Lot at any time to (i) prevent possible interference with the Drainage Easement and to remove possible hazards from the Drainage Easement area, (ii) prevent the construction or placement of any building, structure or other obstruction within the Drainage Easement area which may endanger or interfere with the efficient and convenient use of the Drainage Easement, (iii) grade, improve, construct, reconstruct, repair and perpetually maintain swales within the Drainage Easement area, and (iv) or regrade portions of the Drainage Easement area necessary or appropriate to permit drainage as generally described herein or as approved or required by appropriate
e Drainage Easement area, and (iv) or regrade portions of the Drainage Easement area necessary or appropriate to permit drainage as generally described herein or as approved or required by appropriate governmental authorities. Notwithstanding any of the foregoing rights of the Association or the Developer, each Owner hereby agrees to maintain the Drainage Easement area at such Owner's sole cost and expense. If any structures or other obstructions are constructed, created or placed by any Owner within the Drainage Easement area without the prior written consent of the Board on the Declarant, the Declarant or the Association shall have the right to remove such structure or obstruction at the sole cost of such Owner. The cost to remove the structure or the obstruction shall be charged to the Owner's assessment account, be payable on demand, and shall be secured by the lien provided for in Article 6.
Section 5.1 C ARTICLE 5 OWNER'S ASSOCIATION Establishment.
The Association has heretofore been or will hereafter be created as a Texas non-profit corporation. Each Owner of a Lot shall be a member in the Association and such membership is appurtenant to and shall not be separated from ownership of a Lot. Upon the transfer of a Lot, the new Owner shall automatically become a member of the Association. The term of existence of the Association and other matters pertaining to its operation are set forth in its Articles of Incorporation (attached hereto as Exhibit and the By-Laws (attached hereto as Exhibit C). The Association is established to enforce this Declaration and the Covenants, to promote the interests of the Owners as residents of the Property, and to enhance the value of the Lots as a part of a harmonious, high quality, residential subdivision.
Unov cial Section 5.2
nants, to promote the interests of the Owners as residents of the Property, and to enhance the value of the Lots as a part of a harmonious, high quality, residential subdivision.
Unov cial Section 5.2 Voting Power.
The Association shall have two classes of voting membership as follows: (a) Class A. The Class A Member shall be all Owners other than Declarant and shall be entitled to one vote for each Lot owned. If more than one person owns an interest in 23 Page 27 of 77 a Lot, they shall combine their vote in such way as they see fit, but there shall be no fractional votes, and no more than one vote with respect to any Lot.
(b) Class B. The Class B Member shall be the Declarant who shall be entitled to fifteen (15) votes for each Lot owned by Declarant. Subject to the conditions set forth in the remainder of this paragraph, the Class B membership shall be converted to Class A membership upon the earlier of (i) the total votes outstanding in the Class A membership equaling the total votes outstanding in the Class B membership, (ii) January 1, 2014 or (iii) the recording in the Records of TARRANT COUNTY, Texas of a notice signed by Declarant terminating the Class B membership. In determining the number of Lots owned by Declarant for the purpose of Class B membership status hereunder, the total number of Lots covered by this Declaration, including all Lots annexed thereto in accordance with Section 8.1 herein, shall be considered. In the event the Class B membership has previously lapsed as provided in (i) above, but annexation of additional property restores the ratio of Lots owned by Declarant to the number required for Class B membership status, such Class B membership shall be reinstated until it expires pursuant to the terms hereof.
(c)
perty restores the ratio of Lots owned by Declarant to the number required for Class B membership status, such Class B membership shall be reinstated until it expires pursuant to the terms hereof.
(c) Board of Directors Election. The Board shall be elected as provided in the articles and bylaws of the Association. The Board shall act by majority vote as provided in the bylaws.
(d) opy Specific Powers of Board. Without limiting the authority granted to a board of directors under the Texas Non-Profit Corporation Act, the Board shall have the following specific powers on behalf of the Association: (1) (2) (3) to enforce the provisions of this Declaration; to enter into contracts; to retain third parties, as necessary, to assist the Board in carrying on the Association's activities, including engineers, accountants, lawyers, architects, land planners, professional management and other consultants; (4) to take such action as necessary to maintain the Common Area in good order and conditions (5) to acquire property, services and materials to carry out its duties; purchase insurance covering potential liability for use of the Common Area and for other risks; (7) proceedings, to borrow money for Association purposes; to initiate and defend litigation, arbitration and other similar Unon to promulgate reasonable rules and regulations for access to and use of Common Areas and governance of the Association, as well as a policy establishing a schedule and procedures by which the Board may assess fines against Owners or invoke self-help remedies for violations of the Covenants, the Bylaws, rules and regulations or any Design Guidelines; (10) to establish and collect reasonable fees for the use of any recreational facilities on the Common Area; and 24 Page 28 of 77
Covenants, the Bylaws, rules and regulations or any Design Guidelines; (10) to establish and collect reasonable fees for the use of any recreational facilities on the Common Area; and 24 Page 28 of 77 (11). to establish and collect a reasonable fee for copying and furnishing copies of the Association's governing documents and furnishing a Resale Certificate as required by law. This function and the authority to collect and receive such fees may be delegated or assigned by the Board to the Association's Managing Agent.
(12) to enforce any provision of the Declaration, the By-laws, the Design Guidelines, or the rules and regulations of the Association through self-help procedures, after prior written notice to the Owner of the Lot at issue, or by suit at law or in equity to enjoin any violation or to recover monetary damages or both or an action to foreclose the lien against any Lot without the necessity or compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the Owner or occupant responsible for the violation of which abatement is sought shall pay all costs, including reasonable attorneys' fees and expenses actually incurred.
Section 5.3 Officers.
The Association will have such officers as are set forth in the Bylaws.
Section 5.4 Dissolution.
py So long as Declarant owns record title to any Lot, the Association shall not be dissolved.
Once Declarant is divested of all ownership interest in the Property, the Association may be dissolved upon the written consent of Owners owning at least ninety percent (90%) of the Lots.
Upon such dissolution, the assets of the Association shall be donated to a nonprofit organization with purposes similar to the Association and selected by a majority of the Board.
ARTICLE ASSESSMENTS
Upon such dissolution, the assets of the Association shall be donated to a nonprofit organization with purposes similar to the Association and selected by a majority of the Board.
ARTICLE ASSESSMENTS Section 6.1 Powers to Establish Assessments.
The Association is empowered to establish and collect Assessments as provided in this Article 6 for the purpose of obtaining funds to maintain the Common Area, perform its other duties, and otherwise preserve and further the operation of the Property as a first quality residential subdivision. The purposes for which Assessments may be used include, without limitation, maintaining, operating, managing, repairing, replacing or improving the Common Area or any improvements thereon; mowing grass and maintaining grades and signs; paying legal fees and expenses incurred in enforcing this Declaration; paying expenses incurred in collecting and administering assessments, paying insurance premiums for liability and fidelity coverage for the ACC, the Board and the Association; satisfying any indemnity obligation under the articles or bylaws and for any other purpose that furthers or serves the interests of the Association. The Board may, in accordance with applicable law, reject partial payments and demand payment in full of all amounts due and owing the Association. The Board is specifically authorized to establish a policy governing how payments are to be applied.
25 Page 29 of 77 Section 6.2 Commencement of Assessments.
(a) Owner other than Declarant. Unless otherwise provided by separate agreement by and between Declarant and any Person, the Assessments shall commence as to each Lot upon its conveyance by Declarant to any Person that is not an affiliate of Declarant.
vided by separate agreement by and between Declarant and any Person, the Assessments shall commence as to each Lot upon its conveyance by Declarant to any Person that is not an affiliate of Declarant.
(b) Declarant, Declarant shall not be liable for Assessments for any Lots that it owns. Declarant may, but shall have no obligation to, subsidize the Association from time to time. In the event Declarant decides to subsidize the Association and any shortfall in the operating budget of the Association is due in part to the failure of the Association to collect delinquent Assessments, then the Association shall immediately and vigorously pursue collection of such delinquent Assessments through foreclosure, if necessary, and shall reimburse the Declarant the amounts, if any, so collected.
Section 6.3 Regular Annual Maintenance Assessments.
(a) Ad Annual Budget. For each calendar year or a part thereof during the term of this Declaration, the Board shall establish an estimated budget of the expenses to be incurred by the Association for the forthcoming year in performing its duties. Based upon such budget, the Association shall then assess each Lot (an annual fee (the "Maintenance Assessment") which shall be paid by each Owner in advance as follows: quarterly on the first day of each January, April, July and October unless the Board determines a different schedule. The Association shall notify each Owner of the Maintenance Assessment for the ensuing year by December 15 of the preceding year, but failure to give such notice shall not relieve any Owner from its obligation to pay Maintenance Assessments. Any Maintenance Assessment not paid within thirty (30) days of the date due shall be delinquent
lure to give such notice shall not relieve any Owner from its obligation to pay Maintenance Assessments. Any Maintenance Assessment not paid within thirty (30) days of the date due shall be delinquent and shall thereafter bear interest as provided in Section 6.5(f). As to any partial year, Maintenance Assessments on any Lot shall be appropriately prorated.
(b) Limits on Maintenance Assessments. The initial Maintenance Assessment for each Lot shall not exceed One Hundred and No/100 Dollars ($100.00) per month.
Thereafter the Board may increase the Maintenance Assessment annually to meet the anticipated needs of the appropriate budget, but the Maintenance Assessment may not be increased in any year by an amount in excess of twenty percent (20%) above the previous year's Maintenance Assessment, unless such increase is approved by a majority vote of those members of the Association present at a meeting, in person or by proxy, where a quorum Uniform Assessments. Maintenance Assessments for all Lots shall be 26 Page 30 of 77 Section 6.4 Special Assessments.
The Association may impose special assessments ("Special Assessments") to make capital improvements to the Common Area, to satisfy its indemnity obligations under the Articles or Bylaws, or for other similar purposes. Any Special Assessment proposed by the Association must be approved by a majority vote of those members of the Association present at a meeting, in person or by proxy, at which a quorum exists. At least fifteen (15) days prior to any meeting of the Association called to consider any Special Assessment, the Board shall notify each Owner thereof by written notice specifying the total amount of the Special Assessment required, the amount thereof
he Association called to consider any Special Assessment, the Board shall notify each Owner thereof by written notice specifying the total amount of the Special Assessment required, the amount thereof imposed on each Lot (which shall be uniform), the purpose for such Special Assessment, and the time and method of payment thereof. The time for paying any Special Assessment (which may be in installments) shall be as specified in the approved proposal.
Section 6.5 Liability for and Enforcement of Assessments.
(a) Personal Liability.
Each Owner shall be personally liable for all Assessments imposed during the time it owns a Lot.
(b) Reservation, Subordination, and Enforcement of Assessment Lien.
Declarant hereby reserves for the benefit of itself and the Association, a lien (the "Assessment Lien") against each Lot to secure payment of (1) the Assessments imposed hereunder; (2) the payment of fines imposed under Section 3.3 (c) and Section 9.2 hereof or Section 3.18 of the By-Laws; (3) the cost to remove unauthorized signage under Section 3.4 (9) hereof; (4) the cost to perform a defaulting Owner's obligations under Section 4.3 hereof; (5) the cost to remove any structure or obstruction from the Drainage Easement area under Section 4.4 hereof; and (6) attorneys' fees incurred by the Association in collecting Assessments or other charges added to an Owner's account and to enforce the Declaration.
Each Owner, by accepting conveyance of a Lot, shall be deemed to have agreed to pay the Assessments, along with fines, costs for remedial measures and attorneys' fees as herein provided for and to the reservation of the Assessment Lien. The Assessment Lien shall be subordinate to the liens of any valid first lien mortgage or deed of trust encumbering a
orneys' fees as herein provided for and to the reservation of the Assessment Lien. The Assessment Lien shall be subordinate to the liens of any valid first lien mortgage or deed of trust encumbering a particular Lot. Sale or transfer of any Lot shall not affect the Assessment Lien. However, the sale or transfer of any Lot pursuant to a first mortgage or deed of trust foreclosure (whether by exercise of power of sale of otherwise) or any proceeding in lieu thereof, shall only extinguish the Assessment Lien as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from Liability and the Assessment Lien for any Assessments thereafter becoming due. The Assessment Lien may be non-judicially foreclosed by a private power of sale in accordance with the provisions of Section 51.002 of the Texas Property Code (or any successor provision) or may be enforced judicially. Each Owner, by accepting conveyance of a Lot, expressly grants the Association a private power of sale in connection with the foreclosure of the Assessment Lien. The Board is empowered to appoint a trustee, who may be a member of the Board, to exercise the powers of the Association to non-judicially foreclose the Assessments Lien in the manner provided for in Section 51.002 of the Texas Property Code (or any successor statute). The Association, 27 Page 31 of 77 through duly authorized agents, shall have the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
(c) Notices of Delinquency or Payment. The Association, the Association's attorney or Declarant may file notice of any delinquency in payment of any Assessment in the Records of TARRANT COUNTY, Texas. Upon the timely curing of any default for which
iation, the Association's attorney or Declarant may file notice of any delinquency in payment of any Assessment in the Records of TARRANT COUNTY, Texas. Upon the timely curing of any default for which a notice was recorded by the Association, the Association through its attorney is hereby authorized to file of record a release of such notice upon payment by the defaulting Owner of a fee, to be determined by the Association but not to exceed the actual cost of preparing and filing a release. Upon request of any Owner, any title company on behalf of such Owner or any Owner's mortgagee, the Board, through its agents, may also issue certificates evidencing the status of payments of Assessments as to any particular Lot (i.c., whether they are current or delinquent and if delinquent, the amount thereof). The Association or its Managing Agent may impose a reasonable fee for furnishing such certificates or statements.
(d) Suit to Recover. The Association may file suit to recover any unpaid Assessment and, in addition to collecting such Assessment and interest thereon, may also recover all expenses reasonably expended in enforcing such obligation, including reasonable attorneys' fees and court costs.
(c) Late Charges and Collection Fees. If any Assessment or any part thereof remains unpaid after thirty (30) calendar days from and after the due date established by the Board, a late charge shall be assessed against the non paying Owner for each month or any part thereof, that any portion of any Assessment remains unpaid. Should any Assessment be payable in installments, the Association is authorized to accelerate the entire Assessment and demand immediate payment thereof. The late charge shall be in the amount of Twenty-five
any Assessment be payable in installments, the Association is authorized to accelerate the entire Assessment and demand immediate payment thereof. The late charge shall be in the amount of Twenty-five and No/100 Dollars ($25.00) per month. The Association's Managing Agent shall be entitled to charge an Owner a monthly collection fee to compensate Managing Agent for its administrative costs and efforts to collect and process the late payment of Assessments. A service charge in the amount of Twenty And No 100 Dollars ($20.00) shall be charged for each check that is returned because of insufficient funds or any other reason. The amount of late charges and service charges may be adjusted, from time to time, by the Board consistent with any changes in the administrative costs to collect unpaid Assessments or the Association's bank charges. Nate charges, collection fees, service charges and attorneys' fees assessed or incurred due to late payment of Assessments shall be charged to an Owner's Assessment account which shall be part of the delinquent Assessment and shall be payable and secured in the same manner as herein provided with regard to Assessments.
มา Unofficial Copy Interest on Past Due Amounts. All Assessments past due more than thirty (30) days, unpaid fines and other amounts owed to the Association by any Owner which are not paid when due shall bear interest from the date due until paid at the rate of eighteen percent (18%) per annum, but not in excess of the maximum rate allowed by applicable law.
28 Page 32 of 77 (g) Suspension of Right to Use Common Area. In addition to the other powers herein granted, the Board may suspend the right of Owner to use any of the Common Area during the time that such Owner is delinquent in paying any Assessment.
(h) (i)
. In addition to the other powers herein granted, the Board may suspend the right of Owner to use any of the Common Area during the time that such Owner is delinquent in paying any Assessment.
(h) (i) Intentionally omitted.
Working Capital Contributions. Upon acquisition of record title to a Lot by the first Owner other than Declarant or a Builder, a contribution shall be made by or on behalf of such first Owner to the working capital of the Association in an amount equal to Two Hundred Fifty and No/100 Dollars ($250.00). This amount is not refundable, shall be in addition to, not in lieu of, the Maintenance Assessment levied on the Lot and shall not be considered an advance payment of any portion thereof. This amount shall be deposited into escrow and disbursed there from to the Association or to the Declarant if the Association is not yet established and shall be used for covering operating and other expenses incurred by the Association pursuant to the terms of this Declaration and the bylaws of the Association.
(j) Transfer Fees and Fees for Issuance of Resale Certificates. There will be a charge of One Hundred and No/100 Dollars ($100.00) to obtain a Resale Certificate. The Association or its agent shall not be required to issue a Resale Certificate until payment for the cost thereof has been received by the Association or its agent, Transfer fees and fees for the issuance of a Resale Certificate are not refundable and may not be regarded as a prepayment of or credit against regular or special assessments, and are in addition to the Working Capital Contribution in Section 6.5(i) above.
ARTICLE COMMON AREA Section 7.1 Right to Use Common Areas.
at Each Owner, the members of that Owner's immediate family, and the Owner's guests
the Working Capital Contribution in Section 6.5(i) above.
ARTICLE COMMON AREA Section 7.1 Right to Use Common Areas.
at Each Owner, the members of that Owner's immediate family, and the Owner's guests (provided guests are accompanied by an Owner shall have the right to use the Common Area for its intended purposes as herein provided. The Declarant and the Association shall have the right to enter on and use the Common Areas at all times to exercise their rights or (in the case of the Association) perform its duties hereunder, Section 7.2 Specific Facilities.
Unow Specific facilities, if any, to be located in the Common Area shall be determined by Declarant. The Declarant and the Board may promulgate reasonable rules and regulations for use of Maintenance of Common Areas.
29 Page 33 of 77 The Association shall be solely responsible for all maintenance, repair, replacement, and improvement of the Common Areas, utilizing the Assessments for such purposes as herein provided.
Declarant shall have no responsibility for maintenance, repair, replacement, or improvement of the Common Area after initial construction.
Section 7.4 Risk of Loss - Use of Common Areas.
Each Owner shall be individually responsible and assume all risk of loss associated with its use of the Common Area and use by its family members and guests. Neither the Association nor Declarant shall have any liability to any Owner or their family members or guests, or to any other Person, arising out of or in connection with the use, in any manner whatsoever, of the Common Area or any improvements comprising a part thereof from time to time.
Section 7.5 Conveyance of Common Area to Association.
Declarant shall convey the Common Area to the Association, free and clear of any liens,
improvements comprising a part thereof from time to time.
Section 7.5 Conveyance of Common Area to Association.
Declarant shall convey the Common Area to the Association, free and clear of any liens, claims or encumbrances, not later than sixty (60) days after Declarant no longer owns at in the Property.
ARTICLE 8 SPECIFIC DECLARANT RIGHTS Section 8.1 Rights to Annex.
e a over such Declarant may annex additional property to become a portion of the Property and thereafter be subject to the terms, provisions and conditions of these Covenants, provided that so long as the Class B membership provided for in Section 5.2(b) exists, any such annexation by Declarant may require the prior approval of HUD or VA. Declarant may exercise such right by recording a supplement to this Declaration in the Records ofTARRANT COUNTY, Texas subjecting such additional property to the terms and conditions hereof No further action or approval shall be required or necessary for the Declarant to annex additional properties into the Property for the purpose of subjecting it to the Covenants. Any document subjecting additional property to the Declaration may also impose additional restrictions not found in this Declaration upon such additional property. Upon the annexation and platting of any additional property as herein provided, each lot described therein shall become a "Lot" for all purposes hereunder.
Uneti Stal Copy Section 8.2 No Duty to Annex.
Nothing herein contained shall establish any duty or obligation on the part of Declarant or any member to annex any property to this Declaration and no owner of the property excluded from this Declaration shall have any right to have such property annexed thereto.
Section 8.3 Effect of Annexation on Class B Membership.
30 30 Page 34 of 77
tion and no owner of the property excluded from this Declaration shall have any right to have such property annexed thereto.
Section 8.3 Effect of Annexation on Class B Membership.
30 30 Page 34 of 77 In determining the number of Lots owned by Declarant for the purpose of Class B membership status according to Section 5.2 hereof, the total number of Lots covered by this Declaration, including all Lots annexed thereto, shall be considered. If Class B membership has previously lapsed but annexation of additional property restores the ratio of Lots owned by Declarant to the number required by Class B membership, such Class B membership shall be reinstated until it expires pursuant to the terms of Section 5.2.
Section 8.4 Specific Declarant Rights to Amend Declaration.
Declarant, without joinder of the Board, the Association, or the other Owners may amend this Declaration to correct any errors or to cause the Declaration to be in compliance with any governmental requirement (including any requirements imposed by the Federal Housing Administration, the Veterans Administration, the Department of Housing and Urban Affairs, the Federal Home Loan Mortgage Corporation, or the Government National Mortgage Association).
Section 8.5 Easement/Access Right.
Declarant reserves a general easement over all Streets, roads, rights of way, alleys and utNity, maintenance, landscaping, wall and other easements in the Property and over the balance of the Common Area for access for the purpose of finishing development of the Property as a subdivision and as otherwise reasonably necessary to effect Declarant's rights hereunder. Such easements and rights shall expire at such time that Declarant no longer owns a Lot Section 8.6 Assignment of Declarant Rights.
C
rwise reasonably necessary to effect Declarant's rights hereunder. Such easements and rights shall expire at such time that Declarant no longer owns a Lot Section 8.6 Assignment of Declarant Rights.
C Declarant may assign its rights to a successor Declarant hereunder by execution of a written document, recorded in Records of TARRANT COUNTY Texas specifically stating that Declarant has assigned its rights as such to a designated assignee and declaring such assignee to be the new "Declarant" hereunder.
cial Section 8.7 Declarant's Right to Install Improvements in Setback and Other Areas.
Declarant, in connection with development of the Property and construction of homes thereon, reserves the right but shall have no obligation to install or construct walls, fences, irrigation systems and other improvements in the setback areas (being the area on, along and/or between the boundary line of a Lot and the building or setback lines applicable to such Lot). If Declarant exercises such right in a setback area, then such wall, fence, irrigation system, or other improvement shall be the property of the Owner(s) of the Lot(s) upon which or adjacent to these are located, and such Owner(s) shall maintain and repair any such improvement unless Declarant or the Association, by and through the Board, shall advise the Owner(s) in writing of its intent to assume such maintenance and repair obligations. If Declarant exercises such right in the above-described nonsetback areas, then such wall, fence, irrigation system, or other improvement shall be the property of the Association. So long as it owns any Lot, Declarant shall have the right, but not the obligation, to maintain and repair any such non-setback area improvements; otherwise, the Association shall
of the Association. So long as it owns any Lot, Declarant shall have the right, but not the obligation, to maintain and repair any such non-setback area improvements; otherwise, the Association shall assume the maintenance and repair or it may abandon such improvements at its discretion. If any 31 1 Page 35 of 77 governmental agency requires the maintenance, repair, or removal of any such non-setback area improvements, the Association shall assume such responsibility at its expense. If the Association so abandons such non-setback area improvements or is properly dissolved, then the Owner(s) of the Lot(s) on or adjacent to which such improvements are located shall assume maintenance and repair at its expense.
Section 8.8 Replatting or Modification of Plat.
From time to time, Declarant reserves the right to replat the Property or to amend or modify the Plat in order to assure a harmonious and orderly development of the Property as herein provided.
Declarant may exercise such rights so long as it owns any Lot and no joinder of any other Owner shall be required to give effect to such rights, each Owner consenting to Declarant's execution of any replat on such Owner's behalf. However, any such replatting or amendment of the Plat shall be with the purpose of efficiently and economically developing the Property for the purposes herein provided or for compliance with any applicable governmental regulation. Declarant's rights under this Section 8.8 shall expire at such time Declarant no longer owns a Lot.
Section 8.9 Limitation of Declarant Liability.
py The Declarant shall not be responsible or liable for any deficit in the Association's funds.
Declarant may, but is under no obligation to, subsidize any liabilities incurred by the Association and
py The Declarant shall not be responsible or liable for any deficit in the Association's funds.
Declarant may, but is under no obligation to, subsidize any liabilities incurred by the Association and the Declarant may, but is not obligated to, lend funds to the Association to enable to defray its expenses, provided the terms of such loans are on reasonable market conditions at the time.
Section 8.10 Termination of Declarant's Responsibilities, In consideration of Declarant's deficit funding of the Association, if any, upon the occurrence of any of the following events: (i) conversion of Declarant's Class B membership status to Class A membership status; (ii) completion of any facilities in the Common Area by Declarant; or (iii) assignment of Declarant's rights hereunder pursuant to Section 8.6, then and in such event Declarant shall be fully released, relieved and forever discharged from any further duty or obligation to the Association or any of its members as Declarant by reason of the terms and conditions of this Declaration including any amendments thereof or supplements thereto, save and except the duties and obligations, if any, of Declarant as a Class A member by reason of Declarant's continued ownership of one or more bots, but not otherwise. Further, and without regard to whether or not Declarant has been released hom obligations and duties to the Association, so long as Declarant holds record title to at least one (1) Lot and holds same for sale in the ordinary course of business, neither the Association nor its Board, nor any member of the Association shall take any action that will impair or adversely affect the rights of the Declarant or cause the Declarant to suffer any
ss, neither the Association nor its Board, nor any member of the Association shall take any action that will impair or adversely affect the rights of the Declarant or cause the Declarant to suffer any financial, legal or other detriment, including but not limited to, any direct or indirect interference with the sale of bots. In the event there is a breach of this Section, it is acknowledged that any monetary award which may be available, would be an insufficient remedy and in addition to all other remedies, the Declarant shall be entitled to injunctive relief restraining the Association, its Roard or any member of the Association from further breach of this Section.
32 Page 36 of 77 ARTICLE 9 MISCELLANEOUS PROVISIONS Section 9.1 Terms and Renewal.
These Covenants shall commence on the date hereof and shall continue in effect for a period of thirty (30) years. Thereafter these Covenants shall automatically renew for subsequent periods of ten (10) years each unless Owners owning at least ninety percent (90%) of the Lots elect to terminate these Covenants by written instrument recorded in the Records of TARRANT COUNTY, Texas.
Section 9.2 Enforcement.
The terms, provisions and conditions of this Declaration and any Design Guidelines shall be enforceable by Declarant, the ACC, the Association, and each Owner. The Board shall have the power and authority to impose reasonable fines (which shall not exceed $500.00 per day for each separate violation) for violation of this Declaration, any Design Guidelines or any rule or regulation of the Association, which shall constitute a lien upon the Lot of the violating Owner as provided in the Declaration, and to suspend the Owner's right to vote or any Person's right
rule or regulation of the Association, which shall constitute a lien upon the Lot of the violating Owner as provided in the Declaration, and to suspend the Owner's right to vote or any Person's right to use of the Common Area. Each day the violation continues to exist shall constitute a separate violation. If any occupant, guest, or invitee of a Lot violates the Declaration, any Design Guidelines or a rule or regulation of the Association and a fine is imposed, the fine shall first be assessed against such occupant, guest, or invitee; provided, however, if such occupant guest or invitee does not pay the fine within thirty (30) days after written demand for payment from the Association, the Owner shall pay the fine upon notice from the Association. The failure of the Board to enforce any provision of the Declaration, any Design Guidelines or any rule of regulation of the Association shall not operate as a waiver of the right of the Board to do so thereafter.
Section 9.3 General Easement for Encroachments, Access, Maintenance and Utilities.
Each Owner grants to the Association, the Board, the Declarant and the other Owners a general easement for the maintenance of any minor encroachments of Common Area facilities over adjoining Lots and for access to and from each Owner's Lot through driveways, rights of way and easements as reflected on the Plat for the purpose of giving effect to the provisions of these Covenants.
official Section 9.4 Amendment of Declaration.
These Covenants may be amended by Declarant as provided in Section 8.4. In addition, the Declaration may be amended at any time and in any respect with the approval of Owners owning at least sixty-seven percent (67%) of the Lots; provided, however, that no such amendment shall be
ion, the Declaration may be amended at any time and in any respect with the approval of Owners owning at least sixty-seven percent (67%) of the Lots; provided, however, that no such amendment shall be effective unless joined in by Declarant until such time as Declarant no longer owns a Lot. In addition, so long as the Class B membership provided for in Section 5.2(b) exists, any amendment of these Covenants may, at Declarant's discretion, require the prior approval of HUD or VA.
33 Page 37 of 77 Section 9.5 Authorized Government Authority Provisions.
All construction within the Property shall also comply with all applicable governmental agency ordinances and regulations. If any ordinance or regulation imposed by the Governmental Agency imposes more demanding, extensive or restrictive requirements than those set forth in this Declaration, such requirements shall govern. No ordinance or regulations adopted by the Agency shall lessen the requirements set forth in these Covenants.
Section 9.6 HUD/VA Approval.
Should any approval from HUD or VA be required under the terms of this Declaration, Declarant shall forward such request for approval to HUD and/or VA. If neither HUD nor VA notify Declarant of any objection to the request for approval within twenty (20) days of the date such request for approval was forwarded to HUD or VA, then such approval shall be deemed to have been granted.
Section 9.7 Notices.
Any notice required to be given to any Owner under the terms of this Declaration shall be deemed to have been properly delivered when deposited with the United States Postal Service, postage prepaid, properly addressed to the addressee. Each Lot Owner's address for purpose of notice hereunder shall be deemed to be the Residence located on its Lot.
Section 9.8
tates Postal Service, postage prepaid, properly addressed to the addressee. Each Lot Owner's address for purpose of notice hereunder shall be deemed to be the Residence located on its Lot.
Section 9.8 Indemnifications.
Neither the Declarant, including any of its officers, directors, employees or agents, nor any officer, director or agent of the Association, nor any member of the ACC shall be liable to any Person, Owner or any person claiming by or through any Qwner or otherwise for any act or omission in the performance of the duties of such Declarant or officer, director or agent of the Association, or member of the ACC except only if such act or omission should be judicially declared to constitute fraud or intentional willful misconduct. The Association shall and does hereby agree to indemnify the Declarant, including any of its officers, directors, agents or employees, the officers, directors and agents of the Association, and the members of the ACC against all claims, demands, actions and proceedings and all expenses in connection therewith arising from the good faith exercise of their duties pursuant to this Declaration.
Section 9.9 Severability If any of the terms hereof shall be invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of these Covenants, which shall be in full force and effect.
Section 9.10 Acceptance by Owners of Rights and Obligations.
By the recording of a deed or other conveyance transferring all or part of an interest in a Lot subject to this Declaration, the person or entity to whom such Lot or interest is conveyed shall be 34 Page 38 of 77 deemed to accept and agree to be bound by and subject to all the provisions of the Declaration, any
Declaration, the person or entity to whom such Lot or interest is conveyed shall be 34 Page 38 of 77 deemed to accept and agree to be bound by and subject to all the provisions of the Declaration, any Design Guidelines, the articles and bylaws of the Association, including any rules or regulations adopted or promulgated by the Association, whether or not mention thereof is made in said deed.
Section 9.11 Disclosure by Declarant.
Attached hereto as Exhibit F are summaries of certain disclosures made in various forms to all purchasers of a Residence from Declarant, who, having made such disclosures to such purchasers of a Residence and having attached such summaries to this Declaration, shall be deemed to have fully made such disclosures to any Person acquiring title to any Lot and is hereby fully released and forever discharged by any Owner of a Lot from any further duty or obligation to make such disclosures.
Section 9.12 Arbitration of Disputes Involving Declarant.
(a) ANY AND ALL DISPUTES ARISING HEREUNDER BETWEEN AN OWNER AND DECLARANT, SHALL BE SUBMITTED TO BINDING ARBITRATION AND NOT TO A COURT FOR DETERMINATION. ARBITRATION SHALL COMMENCE AFTER WRITTEN NOTICE IS GIVEN FROM EITHER PARTY TO THE OTHER; SUCH ARBITRATION SHALL BE ACCOMPLISHED EXPEDITIOUSLY IN DALLAS COUNTY AND SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION "AAA"). THE ARBITRATION SHALL BE CONDUCTED BY THREE (3) ARBITRATORS, ONE OF WHOM SHALL BE APPOINTED BY THE OWNER AND ONE OF WHOM SHALL BE APPOINTED BY DECLARANT. THE THIRD ARBITRATOR SHALL BE APPOINTED BY THE FIRST TWO ARBITRATORS. THE ARBITRATORS SHALL BE SELECTED FROM A LIST OF ARBITRATORS SUBMITTED BY THE AAA. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY
BE APPOINTED BY THE FIRST TWO ARBITRATORS. THE ARBITRATORS SHALL BE SELECTED FROM A LIST OF ARBITRATORS SUBMITTED BY THE AAA. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOR ARBITRATION SHALL NOT COMMENCE UNTIL THE PARTY REQUESTING IT HAS DEPOSITED ONE THOUSAND FIVE HUNDRED AND NO 100 (J. S. DOLLARS ($1,500.00) WITH THE ARBITRATORS AS A RETAINER FOR THE ARBITRATORS' FEES AND COSTS.
THE PARTY REQUESTING ARBITRATION SHALL ADVANCE SUCH SUMS AS ARE REQUIRED FROM TIME TO TIME BY THE ARBITRATORS TO PAY THE ARBITRATORS' FEES AND COSTS, UNTIL THE PREVAILING PARTY IS DETERMINED (OR THE PARTIES HAVE AGREED IN WRITING TO AN ALTERNATIVE ALLOCATION OF FEES AND COSTS. EACH PARTY SHALL PAY HIS/HER OWN LEGAL FEES AND COSTS AND ANY OTHER FEES INCURRED IN CONNECTION WITH AN ARBITRATION PROCEEDING WHICH ARISES OUT OF OR RELATES IN ANY WAY TO THIS AGREEMENT PROVIDED, HOWEVER, THAT THE ARBITRATIONPANEL SHALL AWARD THE ARBITRATORS' FEES AND COSTS TO THE PREVAILING PARTY IN ITS ARBITRATION JUDGMENT.
Un (b) Other Dispute Resolutions. Notwithstanding Declarant's and Owner's intent to submit any controversy or claim arising out of or relating to this Declaration to 35 Page 39 of 77 arbitration, in the event that a court of competent jurisdiction shall determine or a relevant law shall provide that a particular dispute is not subject to the arbitration provisions in this Section, then the parties agree to the following provisions: (c) Waiver of Trial by Jury. EACH OWNER ACKNOWLEDGES THAT THIS DECLARATION IS A SOPHISTICATED LEGAL DOCUMENT. ACCORDINGLY, JUSTICE WILL BEST BE SERVED IF ISSUES REGARDING THIS DECLARATION ARE HEARD BY A JUDGE IN A COURT PROCEEDING, AND NOT A JURY. EACH
THAT THIS DECLARATION IS A SOPHISTICATED LEGAL DOCUMENT. ACCORDINGLY, JUSTICE WILL BEST BE SERVED IF ISSUES REGARDING THIS DECLARATION ARE HEARD BY A JUDGE IN A COURT PROCEEDING, AND NOT A JURY. EACH OWNER AGREES THAT ANY CLAIM, DEMAND, ACTION, OR CAUSE OR ACTION, WITH RESPECT TO ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM, OR CROSSCLAIM, WHETHER IN CONTRACT AND/OR IN TORT (REGARDLESS IF THE TORT ACTION IS PRESENTLY RECOGNIZED OR NOT), BASED ON, ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS DECLARATION, ANY COURSE OF CONDUCT, COURSE OF DEALING, VERBAL OR WRITTEN STATEMENT, VALIDATION, PROTECTION, ENFORCEMENT ACTION OR OMISSION OF ANY PARTY SHALL BE HEARD BY A JUDGE IN A COURT PROCEEDING AND NOT A JURY.
Unofficial Copy 36 Page 40 of 77 Executed by Declarant as of the date set forth above.
STATE OF TEXAS 579 Kimball, LLC, a Texas limited liability company By: Mehrdad Moayedi, Manager COUNTY OF TARRANT § Dallas Mehrdad Moadi BEFORE ME, the undersigned authority, on this day personally appeared , Manager of 579 Kimball, LLC, a Texas limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated.
1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2012.
My Commission Expires: LAURA WAYLAND My Commission Expires July 14, 2012 Notary Public, State of Texas Unofficial 37