DECLARATION OF FRISCO A City of Unofficial LLC DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY TABLE OF CONTENTS ARTICLE. 1 DEFINITIONS visi: ccossassxcscnsss cnn oscmems meres aanmmiecnanncceses meena: emma enone 1.1. DEFINITIONS o.oo. cceseeeseesenecesessesecsseescceeseesssesesessessseneessenenaes ARTICLE 2 NAMES, LOCATION, AND DESCRIPTION ...... el 2a], PROPERTY NAME crn. cmenes anenacennnemmmennsammwons manne: asomeas smamenuses coll 2.2. ASSOCIATION NAME & TYPE 0... ccc eeeeseosseneessensasssseneesesenes 2.3. PROPERTY LOCATION... cece eteneeeseeeesseeneeeeresereenerngthees 2.4. PROPERTY DESCRIPTION ...... cee ceesseeseeneseeeee SUBJECT TO DOCUMENTS DECLARATION OF FRISCO CORNERS OFFICE PARK, Page (i) A CONDOMINIUM COMMUNITY 7.3.
COLLECTION EXPENSES.
11 7.4.
ACCELERATION.
12 7.5.
SUSPENSION OF USE AND VOTE 12 7.6.
MONEY JUDGMENT 12 7.7.
NOTICE TO MORTGAGEE.
12 7.8.
APPLICATION OF PAYMENTS..
12 ARTICLE 8 MAINTENANCE AND REPAIR OBLIGATIONS 8.1.
ASSOCIATION MAINTAINS 8.2.
AREAS OF COMMON RESPONSIBILITY 8.3.
OWNER RESPONSIBILITY 8.4.
OWNER'S DEFAULT IN MAINTENANCE ARTICLE 9 PROPERTY EASEMENTS AND RIGHTS 9.1.
GENERAL.
9.2.
RECORDED EASEMENTS AND LICENSES 9.3.
9.4.
OWNER'S EASEMENT OF ENJOYMENT OWNER'S MAINTENANCE EASEMENT.
9.5.
OWNER'S INGRESS/EGRESS EASEMENT 9.6.
OWNER'S ENCROACHMENT EASEMENT.
9.7.
ASSOCIATION'S ACCESS EASEMENT 9.9.
SECURITY ARTICLE 10 ARCHITECTURAL COVENANTS AND CONTROL 10.1.
PURPOSE.
10.2.
PROHIBITION OF ALTERATION AND IMPROVEMENT 10.3.
BOARD APPROVAL 10.4.
DEEMED APPROVAL.
10.5.
PRIOR APPROVAL.
10.6.
NO APPROVAL REQUIRED..
ARTICLE 11 LIMITATIONS ON UNIT LEASING 11.1.
LEASING 11.2.
CONDITIONS OF LEASE 11.3.
EVICTION OF TENANTS 11.4.
LIMITED RIGHT OF FIRST REFUSAL..
OVAL.
10.5.
PRIOR APPROVAL.
10.6.
NO APPROVAL REQUIRED..
ARTICLE 11 LIMITATIONS ON UNIT LEASING 11.1.
LEASING 11.2.
CONDITIONS OF LEASE 11.3.
EVICTION OF TENANTS 11.4.
LIMITED RIGHT OF FIRST REFUSAL..
MORTGAGEES & DECLARANT EXEMPT ARTICLE 12 USE RESTRICTIONS ASSOCIATION'S RIGHT TO PROMULGATE RULES RULES AND REGULATIONS 12.4 OCCUPANCY OF UNITS 12.5.
AISINOYANCE 12.6.
ANIMAL RESTRICTIONS 12.7.
APPEARANCE RESTRICTIONS Unofficial 12 12 13 13 14 14 14 14 15 15 15 16 16 16 16 16 17 17 17 17 17 17 18 18 18 18 18 19 19 19 19 .20 12.8.
WINDOW RESTRICTIONS.
.20 12.9.
SIGN RESTRICTIONS .20 12.10.
VEHICLE RESTRICTIONS .20 12.11.
LANDSCAPING RESTRICTIONS .20 12.12. DRAINAGE RESTRICTIONS.
.20 DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY Page (ii) 12.13.
12.14.
STRUCTURAL INTEGRITY .20 SPECIFIC USES.
21 ARTICLE 13 MORTGAGEE PROTECTION .21 13.1.
INTRODUCTION 21 13.2.
KNOWN MORTGAGEES .21 13.3.
ELIGIBLE MORTGAGEES .21 13.4.
NOTICE OF ACTIONS.
13.5.
AMENDMENTS OF A MATERIAL NATURE 13.6.
TERMINATION 13.7.
IMPLIED APPROVAL 13.8.
INSPECTION OF BOOKS.
13.9.
FINANCIAL STATEMENTS 13.10.
ATTENDANCE AT MEETINGS 13.11.
RIGHT OF FIRST REFUSAL 13.12.
MANAGEMENT CONTRACT..
13.13.
INSURANCE POLICIES ARTICLE 14 AMENDMENTS.
14.1.
CONSENTS REQUIRED.
14.2.
METHOD OF AMENDMENT 14.3.
EFFECTIVE 14.4.
DECLARANT PROVISIONS ARTICLE 15 INSURANCE 15.1.
GENERAL PROVISIONS 15.2.
CASUALTY OR HAZARD INSURANCE 15.3. LIABILITY INSURANCE.
15.4.
WORKER'S COMPENSATION.
15.5.
FIDELITY COVERAGE.
15.6.
DIRECTORS AND OFFICERS LIABILITY 15.7.
MORTGAGEE REQUIRED POLICES 15.8.
OTHER POLICIES 15.9.
OWNERS RESPONSIBILITY FOR INSURANCE ARTICLE 16 RECONSTRUCTION OR REPAIR AFTER LOSS.
SUBJECT TO ACT RESTORATION FUNDS COSTS AND PLANS 16.4.
OWNERS DUTY TO REPAIR 16.5.
OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE
SPONSIBILITY FOR INSURANCE ARTICLE 16 RECONSTRUCTION OR REPAIR AFTER LOSS.
SUBJECT TO ACT RESTORATION FUNDS COSTS AND PLANS 16.4.
OWNERS DUTY TO REPAIR 16.5.
OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE ARTICLE 17 TERMINATION AND CONDMENTATION.
17.1.
ASSOCIATION AS TRUSTEE 17.2.
TERMINATION Unofficial .21 22 23 .23 .23 .24 .24 24 .24 .24 24 25 .25 .26 .26 26 .26 .27 27 27 27 28 28 28 .28 29 .29 .29 .29 30 17.3.
CONDEMNATION.
30 ARTICLE 18 ASSOCIATION OPERATIONS.
30 18.1.
INDEMNIFICATION 18.2.
ASSOCIATION'S RIGHT TO ENFORCE DOCUMENTS 18.3.
NOTICE AND HEARING 30 30 31 DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY Page (iii) ARTICLE 19 GENERAL PROVISIONS 19.1.
COMPLIANCE 19.2.
NOTICE.
19.3.
SEVERABILITY.
19.4.
CAPTIONS 19.5.
INTERPRETATION 19.6.
DURATION 19.7.
APPENDICES APPENDIX A LEGAL DESCRIPTION.
.32 32 32 32 32 32 32 33 A-1 B-1 APPENDIX B EASEMENTS AND LICENSES APPENDIX C SCHEDULE OF ALLOCATED INTERESTS.
APPENDIX D PLATS AND PLANS APPENDIX E DECLARANT REPRESENTATIONS AND RESERVATIONS.
APPENDIX F ADDITIONAL LAND SUBJECT TO ANNEXATION APPENDIX G INITIAL DESIGNATION OF AREAS OF COMMON RESPONSIBILITY.O APPENDIX H CONSENT TO DECLARATION H-1 Unofficial DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY Page (iv) DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY the property described in Appendix A to the provisions of the Chapter 82 of the Texas Property Code, for the purpose of creatin Condominium Community.
terms, covenants, conditions, restrictions, and/eage Declarant’s representations and reservations in {fe property and bind all parties having or acquiry 1.1 DEFINITIONS.
defined in Section 82.003 of the following words and phrases ; Areas of Common Responsibility” means those portions of units that
n {fe property and bind all parties having or acquiry 1.1 DEFINITIONS.
defined in Section 82.003 of the following words and phrases ; Areas of Common Responsibility” means those portions of units that rom time to time, by the Association to be maintained, repaired, and 1.1.3. “Assessment” means any charge levied against a unit or owner by the Association, pursuant to the Documents and the Act, including but not limited to Annual Assessments, Special Assessments, Individual Assessments, and Deficiency Assessments, as defined in Article 5 of this Declaration.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page | A CONDOMINIUM COMMUNITY 1.1.4. “Bylaws” means the bylaws of the Association, as they may be amended from time to time.
1.1.5. “Common Elements” means and includes all the property described on Appendix A, and all improvements located thereon, except the units as described in Article 3.
1.1.6. “Declarant” means FCOP, LLC, a Texas limited liab which is developing the Property, or its successor.
Sqempany, time.
1.1.9. “Development Rights” m Appendix Eof this Declaration to creatg ‘d Plat and Plans recorded pursuant to the Act, the Bylaws, the SSsociatidg’s Acate of Formation, and the Rules of the Association, as any of th€se ended from time to time. An appendix, exhibit, schedule, or certification a Document is part of that Document.
15.“Occupant” means a business-related occupant of a unit, regardless of whether the person owns the unit.
1.1.16. “Officer” means an officer of the Association.
1.1.17. “Owner” means a holder of recorded fee simple title to a unit. Declarant is the initial owner of all units. Contract sellers and mortgagees who acquire title to a unit DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 2 A CONDOMINIUM COMMUNITY
mple title to a unit. Declarant is the initial owner of all units. Contract sellers and mortgagees who acquire title to a unit DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 2 A CONDOMINIUM COMMUNITY through a deed in lieu of foreclosure or through judicial or nonjudicial foreclosure are owners. Persons or entities having ownership interests merely as security for the performance of an obligation are not owners. Every owner is a member of the | Association.
1.1.18. “Property” means all the land subject to this Declaration and all improvements, easements, rights, and appurtenances to the land.
1.1.19. “Rules” means rules and regulations adopted by the board ing with the Documents or the Act.
not owned in common with the Owners of the other cond. um 1.1.20. “Unit” means the elements of an individual gondom accordance with the Schedule of Allocated Interests ont frames, and trim; and the space includes and the air space so encompassed, ex deeds, mortgages, deeds of trust, and ¢ of the unit reconstructed in substangi | as interior room walls, foo, Brings ish, closets, cabinets, shelving, individual : bathroom and kitchen ae lumbing and appliances, individual lighting and electrical fixtures ga C é itéms or chattels belonging exclusively to such unit any of which ¢ yplaced, disposed of, or otherwise treated without affec ing the Atwe ty ent of any other unit space or ownership. None of the land in ARTICLE 2 NAMES, LOCATION, AND DESCRIPTION 2.1. PROPERTY NAME The name of the Property is FRISCO CORNERS OFFICE PARK, a Condominium Community.
2.2. ASSOCIATION NAME & TYPE. The name of the Association is FCOPOwners Association, Inc. The Association was chartered as a Texas nonprofit corporation on February 3, 2012, under Filing Number 801545790.
ASSOCIATION NAME & TYPE. The name of the Association is FCOPOwners Association, Inc. The Association was chartered as a Texas nonprofit corporation on February 3, 2012, under Filing Number 801545790.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 3 A CONDOMINIUM COMMUNITY Se 2.3. PROPERTY LOCATION. The Property is located entirely in the City of Frisco, Collin County, Texas.
2.4. PROPERTY DESCRIPTION. The Property is located on land described in Appendix A to this Declaration, and includes every unit and all common elements thereon.
2.5. SUBJECT TO DOCUMENTS. The Property is held, transferred, sb leased, occupied, used, insured, and encumbered subject to the terms, covenants, restrictions, and easements of this Declaration and of the other Documents, whigh Property, bind all parties having or acquiring any right, title, or interest inJ heirs, successors, and assigns, and inure to the benefit of each owne 2.6. MERGER. Merger or consolidation of the Associatiog must be evidenced by an amendment to this Declaration. The amend Owners representing at least two-thirds (A'S) of the total alje@ated ghts, and obligations The surviving or another association may, by operation of law, be g of the Association as a surviving corporatioy consolidated association may administer the p together with the covenants and restricjfeps jurisdiction. No merger or consolidatio to the covenants established by this Decl any other property under its evocation, change, or addition : The top surface of the concrete slab ower horizontal boundary.
3.1.3. Vertical Perimeter Boundaries - Interior Walls: On interior boundary walls, the unit’s vertical boundaries are outside of the drywall surface, immediately under the paint and interior surfaces of the walls, closed doors, and closed windows, plus the
n interior boundary walls, the unit’s vertical boundaries are outside of the drywall surface, immediately under the paint and interior surfaces of the walls, closed doors, and closed windows, plus the inside surface of the roof deck over the attic.
: DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 4 | A CONDOMINIUM COMMUNITY a 3.1.4. Vertical Perimeter Boundaries - Party Walls: On party walls -- walls between 2 units -- the unit’s vertical boundaries are the planes defined by the midpoints of the party wall. The unit on each side of a party wall extends to the middle of the party wall.
3.1.5. What the Unit Includes: Each unit includes the spaces and improvements within the above-described vertical and horizontal boundaries, including/tke attached | overhead attic area. In other words, the unit includes the portion of the bu the office and attic are located. Each unit also includes the following 1 improve equipment serving the unit exclusively, whether located inside or oy meters, fuse boxes, electrical switches, wiring, pipes, dud security systems, television antenna, lighting fixtures receptacles, and skylights.
spaces anil inpraventents lying outside o unit also excludes any chute, pipe, flue A ais of a limited number of representational floor a rounded and estimated size of air-conditioned follgwing portions of tHe common elements are limited common elements assigned to the units “1. Shown on Plats and Plans. Portions of the common elements may be stlecated as limited common elements on the Plats and Plans, attached hereto as Appendix D, by use of “LCE” and the identifying number of the unit to which the limited common element is appurtenant, or by use of a comparable method of designation.
ts and Plans, attached hereto as Appendix D, by use of “LCE” and the identifying number of the unit to which the limited common element is appurtenant, or by use of a comparable method of designation.
3.2.2. Appurtenant Areas. Only to the extent they are not part of the unit, the front porches, patios (if any), decks (if any), and fenced yards (if any) which are DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 5 A CONDOMINIUM COMMUNITY obviously intended for the sole and exclusive use of the unit to which the area is appurtenant are deemed limited common elements, whether or not the area is so designated on Plats and Plans. If the boundaries of any patio, deck, or fenced yard change -- with the board’s approval -- the altered boundaries of the patio, deck, or fenced yard are the boundaries of the limited common element.
3.2.3. Parking Spaces. None of the parking spaces are specifically/feserved for, or allocated to, any particular unit. Parking spaces depicted on the Plats\g general common elements, even though a space may be located on a dr appears to serve only | or 2 units.
element may not be reallocated, except by amey approval of all owners and mortgagees of unité The parties executing the amendment wi amendment.
LOCATED INTERESTS OF INTERESTS. The table showing the identifying number and Wet is attached as Appendix C. The interests have been allocated in ulas set out in this Article. The same formulas are to be used in : sis if units are added to the Property. The date on which the amendment creating additional ypfits is recorded in the county’s real property records is the effective date for assigning all®eated interests to those units. The interests allocated to each unit are calculated by the following formulas.
is recorded in the county’s real property records is the effective date for assigning all®eated interests to those units. The interests allocated to each unit are calculated by the following formulas.
4.2 COMMON ELEMENT INTERESTS. The share of undivided interest in the common elements allocated to each unit is uniform for all units. Each unit’s fractional share is non-weighted, generally calculated by dividing each unit by the total number of units in the Property.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 6 A CONDOMINIUM COMMUNITY 43. COMMON EXPENSE LIABILITIES. The share of liability for common expenses allocated to each unit is uniform for all units. Each unit’s fractional share is based on its undivided interest in the common elements, generally calculated by dividing the total liability by the total number of units in the Property.
4.4. VOTES. The total number of votes equals the total number of/&gits in the Property. The one (1) vote appurtenant to each unit is uniform and is equa appurtenant to every other unit.
ARTICLE 5 COVENANT FOR ASSESSMENKK > 5.1. PURPOSE OF ASSESSMENTS. The Association wil yts for the general purposes of preserving and enhancing the Propertys“and ‘prom & the office and business climate, common benefit, and enjoyment of ownerg Ss ipeluding but not limited to maintenance of real and personal ind operation of the Association, and any expense reasonably relate ch the Property was developed. If made in good faith, the board’s leafSie NreSyag é use of Assessments is final.
the board against the owner or his unit. ¢ maye to the Association at its principal office or at any other place the board, difec 5 must be made in full regardless of
ated to pay Assessments levied by the board against the owner or his unit. ¢ maye to the Association at its principal office or at any other place the board, difec 5 must be made in full regardless of whether an owner has a dispute , another owner, or any other person or entity regarding any matter to wyhi én pertains. No owner may exempt himself from his Assessment liability by w hejuse or enjoyment of the common elements or by ASSESSMENTS. There are four (4) types of Assessments: Regular, Spegial, Indivis ad Defich urpose of Regular Assessments. Regular Assessments are used for peXpenses related to the reoccurring, periodic, and anticipated responsibilities of the Association, including but not limited to: a. Maintenance, repair, and replacement, as necessary, of the common elements, and improvements, equipment, signage, and property owned by the Association.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 7 A CONDOMINIUM COMMUNITY b. Maintenance, repair, and replacement, as necessary, of the Areas of Common Responsibility.
c. Utilities billed to the Association.
d. Services billed to the Association and serving all units, such as trash removal and pest control.
e. Taxes on property owned by the Association and the A income taxes.
f. Management, legal, accounting, auditigg, g. Costs of operating the Association, sudk office supplies, printing, meeting expenses, benefit to the Association.
h. Insurance premiuy i. Contributiopato j. Any other & Documents to pay, or whi maintenance of the Prope Documents.
common expe uncollected e board will make the budget or its summary available to an ailure to receive a budget or summary does not affect an ents. The board will provide copies of the detailed budget
common expe uncollected e board will make the budget or its summary available to an ailure to receive a budget or summary does not affect an ents. The board will provide copies of the detailed budget approwe-aff annual budget or fails to determine new Regular Assessments for any year, or delays in doing so, owners will continue to pay the Regular Assessment as last determined.
5.4.4. Supplemental Increases. If during the course of a year the board determines that Regular Assessments are insufficient to cover the estimated common DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 8 A CONDOMINIUM COMMUNITY expenses for the remainder of the year, the board may increase Regular Assessments for the remainder of the fiscal year in an amount that covers the estimated deficiency.
5.5. SPECIAL ASSESSMENTS. In addition to Regular Assessments, the board may levy one or more Special Assessments against all units for the purpose of defraying, in whole or in part, common expenses not anticipated by the annual budget or reserve funds. For any of the the Association: a. Acquisition of real property.
b. Construction of additional improvements to Ake Prog replacement of existing improvements.
gd in bringing an owner or his iolatidryfs of the Documents; insurance Association thsapprove the Special Assessment or increase by petition or at a meeting of the Association. In that event, the last-approved budget will continue in effect until a revised budget is approved.
5.9. RESERVE FUNDS. The Association will establish, maintain, and accumulate reserves for operations and for replacement and repair. The Association will budget for reserves and use its best efforts to fund reserves out of Regular Assessments.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 9 A CONDOMINIUM COMMUNITY
ent and repair. The Association will budget for reserves and use its best efforts to fund reserves out of Regular Assessments.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 9 A CONDOMINIUM COMMUNITY 5.9.1. Operations Reserves. The Association will maintain operations reserves at a level sufficient to cover the cost of operational or maintenance emergencies or contingencies, including the full amount of deductibles on insurance policies maintained by the Association.
maintain ament or 5.9.2. Replacement and Repair Reserves. The Association replacement and repair reserves at a level that anticipates the scheduled major repair of components of the common elements and Areas o Responsibility.
5.10. ASSOCIATION’S RIGHT TO BORROW MONEYatThe Afsofiaty the right to borrow money, subject to the consent of owners repre votes in the Association and the ability of the Association to repa of the lender in the pledged property are subordj hereunder.
AS 6.1. ASSESSMENT LIEN, whether or not it is so expressed J Assessments to the Association, 7 on a’unit, except only for (a) real property taxes and assessments Sing authorities and (b) a purchase money vendor’s lien or deed of 6.3. EFFECT OF MORTGAGEE’S FORECLOSURE. A Mortgagee’s foreclosure of its deed of trust lien extinguishes the Association’s claim against the unit for unpaid Assessments that became due before the sale, but does not extinguish the Association’s claim against the former owner. The purchaser at the Mortgagee’s foreclosure sale is liable for assessments coming due from and after the date of the sale, and for the owner’s pro rata share of the preforeclosure deficiency as a common expense.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 10 A CONDOMINIUM COMMUNITY
om and after the date of the sale, and for the owner’s pro rata share of the preforeclosure deficiency as a common expense.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 10 A CONDOMINIUM COMMUNITY 6.4. NOTICE AND RELEASE OF NOTICE. To evidence the Assessment lien, the board may, but is not required to, cause a written notice of the lien to be recorded in the county’s real property records. After the debt for which the notice was recorded has been cured, the Association may record a release of the notice or a “notice of payment” that any delinquent obligation has been paid or satisfied. The Association may require reimbursement of its costs of preparing and recording the notices before granting the release or notice of payme 6.5. POWER OF SALE. By accepting an interest in or title to a unit, grants to the Association a private power of nonjudicial sale in connection with the must be in writing and may be in the form of a resolution recotded trustee, or attorney to exercise the power of sale on behalf of the den. ind meeting.
51.002 of the Texas provisions applicable to the exercise of powers of owner is required to Property Code, or in any manner permitted by Ja pay the Association’s costs and expenses foy ST.™Welinquent Assessments are subject to interest from the due date e determined by the board from time to time, not to exceed the lesser of or the maximum permitted by law. If the board fails to establish a rate, ¥(10%) per annum. Interest is an Individual Assessment.
7.2. LATE FEES. Delinquent Assessments are subject to reasonable late fees, at a rate to be determined by the board from time to time. Late fees are an Individual Assessment.
7.3. COLLECTION EXPENSES. The owner of a unit against which Assessments are
to reasonable late fees, at a rate to be determined by the board from time to time. Late fees are an Individual Assessment.
7.3. COLLECTION EXPENSES. The owner of a unit against which Assessments are delinquent is liable to the Association for reimbursement of reasonable costs incurred by the DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 1] A CONDOMINIUM COMMUNITY Association to collect the delinquent Assessments, including attorneys’ fees and processing fees charged by the manager. Collection costs are an Individual Assessment.
7.4. ACCELERATION. If an owner defaults in paying an Assessment that is payable in installments, the board may accelerate the remaining installments on ten (10) days’ written notice to the defaulting owner. The entire unpaid balance of the Assessment becomes due on the date stated in the notice.
7.5. SUSPENSION OF USE AND VOTE. If an owner’s account has bee for at least 30 days, the board may suspend the right of owners and occupants je Owner or occupant’s right of access to the unit. The board mgm» suspegid appurtenant to the unit. Suspension does not constitute a waiv obligation to pay assessments.
7.6. MONEY JUDGMENT. The Association may fi against an owner delinquent in the payment of Assessments Association lien for Assessments.
7.7. NOTICE TQ MORTGAGEE.
holder of a lien against a unit regarding thg 7.8. APPLICATION OF P ; may refuse to accept partial ; bhe board may also refuse to accept payments to which the payer attaches directions contrary to the board’s policy for applying payments. The Associatig Md deposit of a payment does not constitute payment to the unit account, if aioy does not accept the payment at that time, it will promptly refund the pay
constitute payment to the unit account, if aioy does not accept the payment at that time, it will promptly refund the pay ARTICLE 8 ENANCE AND REPAIR OBLIGATIONS MAINTAINS. The Association’s maintenance obligations will how the board deems appropriate. The Association maintains, repairs, a. All general common elements, including, but not limited to, driveways, sidewalks, all landscaping, mailboxes, parking spaces.
b. All limited common elements, including fences and gates and front porches.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 12 A CONDOMINIUM COMMUNITY C. Any exterior light fixtures served by the Association’s electrical meter.
d. The Areas of Common Responsibility.
8.2. AREAS OF COMMON RESPONSIBILITY. The Association has the right, but not the duty, to designate Areas of Common Responsibility to be maintained, repaired, and replaced by the Association as a common expense. Additions, deletions, designation must be approved by owners representing at least a majority of tite Association; published and distributed to an owner of each unit; and refle Association’ s annual budget and reserve funds. Any designation applies to every annual budget and assessed against all units as a Regular Ass maintain at all times a dated list of the Areas of Common Respog owners and prospective purchasers. The initial designation of Responsibility is attached hereto as Appendix G.
otherwise, the cost of maintaining the Areas of Common Respo oo 8.3. OWNER RESPONSIBILITY: Every obligations for the maintenance, repair, and rep 8.3.1. To maintain, repgi designated as Areas of Common 4 esponsible for his own willful or negligent acts and those of any
OWNER RESPONSIBILITY: Every obligations for the maintenance, repair, and rep 8.3.1. To maintain, repgi designated as Areas of Common 4 esponsible for his own willful or negligent acts and those of any h owner’s unit, or the guests, agents, employees, business invitees, Responsibility, or the property of another owner. Without limitation of the foregoing, an owner shall be responsible for any damage caused to the property of another person by reason of such owner’s willful or negligent acts, and the willful or negligent acts of any occupant of such owner’s unit, or the guests, agents, employees, business invitees, licensees and contractors of such owner or occupant which affect the fire suppression/sprinkler system, including damage caused by a willful or negligent act which causes the system to be activated, including the cost to reset the system.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 13 A CONDOMINIUM COMMUNITY 8.4. OWNER’S DEFAULT IN MAINTENANCE. If the board determines that an owner has failed to properly discharge his obligation to maintain, repair, and replace items for which the owner is responsible, the board may give the owner written notice of the Association’s intent to provide the necessary maintenance at owner’s expense. The notice must state, with reasonable particularity, the maintenance deemed necessary and a reasonable period of time in which to complete the work. If the owner fails or refuses to timely perform the mg#fftenance, the Association may do so at owner’s expense, which is an Individual Assessment aga e and his unit. In case of an emergency, however, the board’s responsibility to give written notice may be waived and the board may take any action it deems necegsse persons or property, the cost of the action being the owner’s expense.
ncy, however, the board’s responsibility to give written notice may be waived and the board may take any action it deems necegsse persons or property, the cost of the action being the owner’s expense.
ARTICLE 9 © PROPERTY EASEMENTS AND RIGHT 9.1. GENERAL. In addition to other easeme ished by the Documents, the Property is subject to the casemeng@ a nigh this Article.
attached Appendix B asements and licenses appurtenant berty is or may become subject 9.2. RECORDED EASEMENTS rds KON contains a description of and the recording“date 2 to or included in the Property or to whig by reservation in this Declaration.
9.3. OWNER’S EASEMENLO . Every owner is granted a right and easement of enjoyment over the géneral cofamo' ments and to use of improvements therein, ainéd in Me Documents. An owner may delegate this BNANCE EASEMENT. Every owner is granted an easement aN ement for the maintenance or reconstruction of his unit, the ov of the adjoining unit, or the Association in the case of vided the easement does not damage or materially interfere with the hmon element. Requests for entry to an adjoining unit or common 4nce for a time reasonably convenient for the adjoining owner, who ithhold consent. If an owner damages an adjoining unit or common 9.5. OWNER’S INGRESS/EGRESS EASEMENT. Every owner is granted a perpetual easement over the Property, as may be reasonably required but subject to the other provisions within this Declaration, for unrestricted ingress to and egress from his unit or the appurtenant limited common elements.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 14 A CONDOMINIUM COMMUNITY 9.6. OWNER’S ENCROACHMENT EASEMENT. Every owner is granted an easement for the existence and continuance of any encroachment by his unit on any adjoining
S OFFICE PARK, Page 14 A CONDOMINIUM COMMUNITY 9.6. OWNER’S ENCROACHMENT EASEMENT. Every owner is granted an easement for the existence and continuance of any encroachment by his unit on any adjoining unit or common element now existing or which may come into existence hereafter, as a result of construction, repair, shifting, settlement, or movement of any portion of a building, or as a result of condemnation or eminent domain proceedings, so that the encroachment may remain undisturbed so long as the improvement stands.
9.7. ASSOCIATION’S ACCESS EASEMENT. The Association gragted an easement of access and entry into every unit and common element to perform maifXg enforce architectural and use restrictions, to respond to emergencies, and to pe duties required by the Documents.
9.8. UTILITY EASEMENT. The Association may easements over the common elements for utilities, roads, and other , Utilities may include, but are not limited telephone, cable television, and security.
“SECURITY”.
9.9 certain activities withi or on the Prgperty, ( taer Sad occupant acknowledges and agrees, for himself and his employees hat Declarant, the Association, and its directors, officers committees gloyees are not providers, insurers, or guarantors of security within the . S § occupant acknowledges and accepts his sole responsibility to pivi 1 owhperson and property and assumes all risks for loss or damage to sa andj occupant further acknowledges that Declarant, the Association, and its warranties nor has jfe owner or occupant relied on any representation or warranty, express or implied, incltrdmf any warranty of merchantability or fitness for any particular purpose, relative to any fire, burglar, and/or intrusion systems recommended or installed, or any security measures
or implied, incltrdmf any warranty of merchantability or fitness for any particular purpose, relative to any fire, burglar, and/or intrusion systems recommended or installed, or any security measures undertaken within the Property. Each owner and occupant acknowledges and agrees that Declarant, the Association, and its directors, officers, committees, agents, and employees may not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 15 A CONDOMINIUM COMMUNITY ARTICLE 10 ARCHITECTURAL COVENANTS AND CONTROL 10.1. PURPOSE. Because the units are part of a single, unified community, the Association has the right and responsibility to regulate the exterior design, use, and appearance of the units and common elements in order to preserve and enhance the Property architectural harmony.
appearance, use, or structural integrity of the Property, without th board. Prohibited acts include, but are not limited to the followin b. installation of eg uipm as noise-producing securitydewces apd e approval or*denief within ninety-one (91) days after delivering his application to the board, the owner may presume that his request has been approved by the board. The owner may then proceed with the improvement, provided he adheres to the plans and specifications which accompanied his application, and provided he initiates and completes the improvement in a timely manner.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 16 A CONDOMINIUM COMMUNITY 10.5. PRIOR APPROVAL. Notwithstanding the foregoing, no permission or approval is required for work that strictly complies with guidelines, plans, specifications, or policies
6 A CONDOMINIUM COMMUNITY 10.5. PRIOR APPROVAL. Notwithstanding the foregoing, no permission or approval is required for work that strictly complies with guidelines, plans, specifications, or policies previously developed and approved for all units by the board and still in effect at the time work is initiated. Written approval for specified improvements or alterations on certain units or limited common elements does not constitute approval for all units and limited common elements.
10.6. NO APPROVAL REQUIRED. No approval is required to rebwld % owner to remodel or repaint the interior of a unit, provided the work does structural soundness of the building.
ARTICLE 11 © LIMITATIONS ON UNIT LEASING 11.1. LEASING. Subject to all the provisions hg permitted.
11.2. CONDITIONS OF LEASE.
lease, (a) no unit may be rented for trangte seven (7) days; (b) no unit may be subdfvi may be leased; (c) all leases must be in an owner is responsible for providing hig of changes thereto; and (e) each tenant ery lease agreement on a unit, whether written or gémed to include the following provisions: 11.3.2. Association as Attorney-in-Fact. Notwithstanding the absence of an express provision in the lease agreement for enforcement of the Documents by the Association, each owner appoints the Association as his attorney-in-fact, with full authority to act in his place in all respects, solely for the purpose of enforcing the Documents against his tenants, including but not limited to the authority to institute DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 17 A CONDOMINIUM COMMUNITY forcible detainer proceedings against his tenant on his behalf, provided the Association gives the owner at least ten (10) days’ notice, by certified mail, of its intent to so enforce the Documents.
Y forcible detainer proceedings against his tenant on his behalf, provided the Association gives the owner at least ten (10) days’ notice, by certified mail, of its intent to so enforce the Documents.
11.3.3. Association Not Liable for Damages. The owner of a leased unit is liable to the Association for any expenses incurred by the Association in connection with enforcement of the Documents against his tenant. The Association is ng# owner for any damages, including lost rents, suffered by the owner in Association’s enforcement of the Documents against the owner’s tenant.
11.4. LIMITED RIGHT OF FIRST REFUSAL. The Association purchase or lease a unit or to provide a substitute buyer or lessee conditions that have been accepted by the selling owner or lesso exercise of this right will be i in the best interests of the Association.
that has been accepted by the owner or lessor. If the Associa purchase or lease within ten (10) days after receiving the sé proposed sale or lease, the right will be deemed wes 11.5. MORTGAGEES AND DE Ono Ys possession of or title to a unit by exercisg’e i effect of this Article. This exemption dé During the Development Period, Declarag a@- os 12. 1. ASSOCIA LION’ S PROMULGATE RULES. The Association, acting Shi.to adept, amend, repeal, and enforce reasonable Rules, and egarding the occupancy, use, disposition, maintenance, ed Ywffd occupied subject to the right of the board to establish Rules, and thereof, governing: The types, sizes, numbers, conditions, uses, and locations of afétorized vehicles on the Property.
b. The use of the private street and driveways within the Property, including speed limits and parking restrictions.
c. The disposal of trash, including types and locations of containers.
he Property.
b. The use of the private street and driveways within the Property, including speed limits and parking restrictions.
c. The disposal of trash, including types and locations of containers.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 18 A CONDOMINIUM COMMUNITY d. Hazardous, illegal or annoying materials or activities in and upon the Property.
é. The use and maintenance of a private security system for the Property.
c The occupancy and leasing of units.
g. The wasteful consumption of utilities billed to the Assov h. The use, maintenance, and appearance of patios, and yards visible from the street or other "OS i. Exterior signage.
J. Operation of the fire suppressio each building (and unit) within the Project, j and ordinances.
k. Anything that operation of the Associatipfixa life for occupants.
12.3. OFFICE USE. The use @ professional purposes and any incidentg this Declaration. No portion of any ail sales purposes. No portion of any unit he board may adopt rules regarding the occupancy of units for g essional purposes. If the Rules fail to establish occupancy standards, ersghs may occupy a unit on a regular basis. A person may not occupy a un gnstitufes a direct threat to the health or safety of other persons, or if occupants; result in the cancellation of insurance on the buildings, or (e) will violate any law. The board has the sole authority to determine what constitutes an annoyance.
12.6. ANIMAL RESTRICTIONS. No animal, bird, fish (excluding small aquarium fish), reptile, or insect of any kind may be kept, maintained, raised, or bred anywhere on the Property.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 19 A CONDOMINIUM COMMUNITY 12.7. APPEARANCE RESTRICTIONS. Both the exterior and interior of the units
ntained, raised, or bred anywhere on the Property.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 19 A CONDOMINIUM COMMUNITY 12.7. APPEARANCE RESTRICTIONS. Both the exterior and interior of the units must be maintained in a manner so as not to be unsightly when viewed from the street or neighboring units. The board will be the arbitrator of acceptable appearance standards.
12.8. WINDOW RESTRICTIONS. All window treatments within the unit, that are visible from the street or another unit, must be white in color unless otherwise authorized in writing by the board.
12.9. SIGN RESTRICTIONS. No signs advertising the units for sale or ‘ke advertising signs, or unsightly objects may be erected, placed, or permitted tq-se The board’s authorization may specify the location, nature, dimensiggs, nu unsightly, or inappropriate may We 12.10.2. Repairs.
anywhere on the Property.
ehidfe may obstruct the flow of traffic, constitute azard on the private street.
STRICTIONS. No person may perform landscaping, Yhere upon the Property, without the board’s prior written approved by the board.
drainage hay b 12.13. STRUCTURAL INTEGRITY. No person may directly or indirectly impair the structural soundness or integrity of a building or another unit, nor do any work that will impair an easement or hereditament.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 20 A CONDOMINIUM COMMUNITY 12.14. SPECIFIC USES. Except for ingress and egress, the front yards, sidewalks, and driveways on the Property may not be used for any purpose that has not been authorized in writing by the board.
ARTICLE 13 MORTGAGEE PROTECTION 13.1. INTRODUCTION. This Article is supplemental to, not a substitute Article apply to “Mortgagees,” as defined in Article 1.
Mortgagees,” as defined below.
the board.
ARTICLE 13 MORTGAGEE PROTECTION 13.1. INTRODUCTION. This Article is supplemental to, not a substitute Article apply to “Mortgagees,” as defined in Article 1.
Mortgagees,” as defined below.
Any condemnation or casualty loss that affects a material portion e Property or the mortgaged unit.
b. Any sixty (60)-day delinquency in the payment of assessments or charges owed by the owner of the mortgaged unit.
C. A lapse, cancellation, or material modification of any insurance policy maintained by the Association.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 21 A CONDOMINIUM COMMUNITY d. Any proposed action that requires the consent of a specified percentage of Eligible Mortgagees.
x Any proposed amendment of a material nature, as provided in this Article.
f. Any proposed termination of the condominium Property.
the votes in the Association, and by at least fifty-one percent (51% material nature must be approved by owners representing at least ‘Siisik approval requirement does not apply to amendments effected by the g a. Voting rights.
b. Extraordinary redyotie fo tenance, repair, and replacement of common eleme c. epairs d. the general or limited common at when limited common elements are ers, only those owners and only the Expansion or contraction of the Property or the addition, ’ tion, or withdrawal of property to or from the Property.
h. Hazard or fidelity insurance requirements.
i, Imposition of any significantly material restrictions on the leasing of units.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 22 A CONDOMINIUM COMMUNITY j. Imposition of any significantly material restrictions on owners’ right to sell or transfer their units.
k. A decision by the Association to establish self-management when
22 A CONDOMINIUM COMMUNITY j. Imposition of any significantly material restrictions on owners’ right to sell or transfer their units.
k. A decision by the Association to establish self-management when professional management had been required previously by the Documents or an Eligible Mortgagee.
fl. Restoration or repair of the Property, in a manner m. Any provision that expressly benefits mortgagg or guarantors.
13.6. TERMINATION. An action to terminate the legal sj substantial destruction or condemnation must be approved by owners fe seven percent (67%) of the votes in the Association, and by a Eligible Mortgagees. An action to terminate the legal statug destruction or condemnation must be approved bd i Mortgagees.
13.7. IMPLIED APPROVAL. Th the Eligible Mortgagee fails to respond written request for approval of a propose delivered by certified or registered mail, gt ortgagee is implied when fier receiving the Association’s AT MEETINGS. A representative of an Eligible Mortgagee may eeting which an owner may attend.
OF FIRST REFUSAL. Any right of first refusal imposed by the Association withrfespect to a lease, sale, or transfer of a unit does not apply to a lease, sale, or transfer by a Mortgagee, including transfer by deed in lieu of foreclosure or foreclosure of a deed of trust lien.
13.12. MANAGEMENT CONTRACT. If professional management of the Association 1s required by this Article, the contract for professional management may not require more than ninety (90) days’ notice to terminate the contract, nor payment of a termination penalty.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 23 A CONDOMINIUM COMMUNITY 13.13. INSURANCE POLICIES.
13.13.1. Notice of Cancellation. Insurance policies maintained by the
nt of a termination penalty.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 23 A CONDOMINIUM COMMUNITY 13.13. INSURANCE POLICIES.
13.13.1. Notice of Cancellation. Insurance policies maintained by the Association should require the insurer to notify in writing each Mortgagee named in the mortgage clause at least ten (10) days before due insurer cancels or substantially changes the Association’s coverage. Additionally, the Association will use its best gffgrts to send timely written notice to Eligible Mortgagees of a lapse, cancellatio modification of any insurance policy maintained by the Association.
13,13 2, Full Replacement Cost. The Association’s hazapff ip should cover one hundred percent (100%) of due insurable replg¢cefne insurable improvements.
ARTICLE 14 AMENDMENTS 14.1. CONSENTS REQUIRED. As pers endment, and an opportunity to vote for or ents requiring the consent of Eligible Mortgagees, in layman’s terms of the effect against the proposed amendmen the Association will send geek under this Déttafation or the Act without Declarant’s written and acknowledged consent, which must be part of the recorded amendment instrument. Although Declarant certifies that, to Declarant's knowledge, Appendix D contains all the information required by due Act, Declarant nonetheless reserves the right to amend Appendix D, in whole or in part, to correct any technical errors or deficiencies. Because Appendix E of this Declaration is destined to become obsolete, beginning five (5) years after the date this Declaration is first recorded, the board may restate, rerecord, or publish this Declaration without Appendix E, provided the other appendices are not DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 24 A CONDOMINIUM COMMUNITY
orded, the board may restate, rerecord, or publish this Declaration without Appendix E, provided the other appendices are not DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 24 A CONDOMINIUM COMMUNITY re-lettered. The automatic expiration and subsequent deletion of Appendix E does not constitute an amendment of this Declaration. This section may not be amended without Declarant’s written and acknowledged consent.
ARTICLE 15 INSURANCE 15.1. GENERAL PROVISIONS. All insurance affecting due Property is 9@ the provisions of this Article, with which the board will make every reasonable e including the following: 15.1.1. Common Expense. The cost of i maintained by the Association is a common expense.
15.1.2.
15.1.3. Insured. The Asg obtained by the Association. Thg 15.1.4.
15.) ion rustee. Each owner irrevocably appoints the Association, actingeth By Racal wbaatd, As his trustee to negotiate, receive, administer, and distribute the proceeds ofan against an insurance policy maintained by the “4s provided by the Act, to the board before the policy may be ated, materially modified, or allowed to expire, by either the insurer or 1.7. Deductibles. An insurance policy obtained by the Association may contain a reasonable deductible, which will be paid by the party who would be liable for the loss or repair in the absence of insurance. If a loss is due wholly or partly to an act or omission of an owner or occupant or their invitees, the owner must reimburse the Association for the amount of the deductible that is attributable to the act or omission.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 25 A CONDOMINIUM COMMUNITY 15.1.8. Mortgage Clause. The Association’s policies should contain the standard mortgage clause naming either the Mortgagee or its servicer followed by “its
FFICE PARK, Page 25 A CONDOMINIUM COMMUNITY 15.1.8. Mortgage Clause. The Association’s policies should contain the standard mortgage clause naming either the Mortgagee or its servicer followed by “its successors and assigns.”
15.1.9. Prejudice. The insurance will not be prejudiced by the act or omission of any owner or occupant who is not under the Association’s control.
15.2. CASUALTY OR HAZARD INSURANCE. The Association will\gbtafa blanket Cause of Loss--Special insurance, if reasonably available, for all improvements ins Association. If blanket Cause of Loss--Special insurance is not reasonably availa minimum, the Association will obtain an insurance policy providing Caugé coverage. This insurance must be in an amount sufficient to cover ane hu of the replacement cost of any repair or reconstruction in event any insured hazard.
15.2.1.
bwned by the supplies.
should be for an amount that exceeds the greater of (a) the estimated maximum funds, including reserve funds, that will be in the Association’s custody at any time the policy is in force; or (b) an amount equal to three (3) months of Regular Assessments on all units. A management agent that handles Association funds should be covered for its own fidelity insurance policy with the Same coverages.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 26 A CONDOMINIUM COMMUNITY 15.6. DIRECTORS AND OFFICERS LIABILITY. The Association may maintain directors and officers liability insurance, errors and omissions insurance, indemnity bonds, or other insurance the board deems advisable to insure the Association’s directors, officers, committee members, and managers against liability for an act or omission in carrying out their duties in those capacities.
15.7. MORTGAGEE REQUIRED POLICES. Unless coverage is not ayé
ctors, officers, committee members, and managers against liability for an act or omission in carrying out their duties in those capacities.
15.7. MORTGAGEE REQUIRED POLICES. Unless coverage is not ayé been waived in writing, the Association may maintain (to the extent reasonabl insurance and bond required by a Mortgagee.
15.8. OTHER POLICIES. The Association may maintain any insyfe bonds deemed by the board to be necessary or desirable for due "OS of dyf 15.9. OWNERS RESPONSIBILITY FOR INSURANCE.
of coverage, to be individually obtained ff intdine wndrs if the insurance is deemed necessary or desirable by the bge ge jaLvisks to the Association or ¢ e board may obtain it vidual Assessment.
15.9.2. fy the“Association insures the unit, the owner, if requested, will give , i notification of structural changes, additions, betterments, or impraveme his uMft and any other information the board may require to maintain age Surance coverage. Each owner will comply with reasonable request bard Yor p¥riodic inspection of the unit for purposes of insurance appraisal. If q insure the unit a does not insure the unit, then the owner must e. Each owner, at his expense, will maintain any P“not less than $1,000,000 per occurrence with the Association named as additional insured, and including a waiver of subrogation clause. The owner or occupant will furnish evidence of such insurance upon request of the Association.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 27 A CONDOMINIUM COMMUNITY ARTICLE 16 RECONSTRUCTION OR REPAIR AFTER LOSS 16.1. SUBJECT TO ACT. The Association’s response to damage or destruction of the Property will be governed by Section 82.111(i) of the Act. The following provisions apply to the extent the Act is silent.
1. SUBJECT TO ACT. The Association’s response to damage or destruction of the Property will be governed by Section 82.111(i) of the Act. The following provisions apply to the extent the Act is silent.
16.2. RESTORATION FUNDS. For purposes of this Article, Restora include insurance proceeds, condemnation awards, Deficiency Assessmep Property. All funds paid to the Association for purposes of repair orestoratj in a financial institution in which accounts are insured by a > 3 of Restoration Funds requires the signatures of at least two (2) directo duly authorized by the board.
16.2.1. Sufficient Proceeds. If Restora awedAfrom insurance Hore the damaged or proceeds or condemnation awards are s promptly apply due destroyed Property, the Association, as funds to the repair or restoration.
16.2.2. ie¥ eeds. gn Funds are not sufficient to 16.2.3.
Funds after payment of follows. If Deficiency be paid to owne afd restoration, the surplus will be applied as ere a source of Restoration Funds, the surplus will eir contributions resulting from the Deficiency Cost Estimates. Promptly after the loss, the board will obtain relidbhe-arta detailed estimates of the cost of restoring the damaged Property. Costs may include premiums for bonds and fees for the services of professionals, as the board deems necessary to assist in estimating and supervising the repair.
16.3.2. Plans and Specifications. Common elements will be repaired and restored substantially as they existed immediately prior to the damage or destruction.
Units will be repaired and restored substantially in accordance with original construction DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 28 A CONDOMINIUM COMMUNITY plans and specifications, unless the Association insures betterments and improvements
n accordance with original construction DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 28 A CONDOMINIUM COMMUNITY plans and specifications, unless the Association insures betterments and improvements made by owners, in which case due units will be repaired and restored substantially as they existed immediately prior to the damage or destruction. Alternate plans and specifications for repair and restoration of either common elements or units must be approved by owners representing at least sixty-seven percent (67%) of the votes in the Association and by certain mortgagees if so required by the Mortgagee Protection article of this Declaration.
16.4. OWNERS DUTY TO REPAIR.
16.4.1. Uninsured Loss. Within sixty (60) days after thé the owner will begin repair or reconstruction of any portion Association’s blanket insurance policy, subject to th supervise, approve, or disapprove repair or restoration work.
funds are available to the Association, subj supervise, approve, or disapprove the rep@i 16.4.3.
s a result of an insured loss, the board may of the insurance deductible, against the owner or gt of the repair or reconstruction in the absence of levy an Individual Assessment, owners who would be r ible insurance.
ARTICLE 17 INATION AND CONDEMNATION ASSOCIATION AS TRUSTEE. Each owner hereby irrevocably appoints the acting’thrgugh its board, as trustee to deal with the Property in the event of damage, destructiOy, obsolesg€nce, condemnation, or termination of all or any part of the Property. As trustee, the Assetiation will have full and complete authority right, and power to do all things reasonable and necessary to effect the provisions of this Declaration and the Act, including,
perty. As trustee, the Assetiation will have full and complete authority right, and power to do all things reasonable and necessary to effect the provisions of this Declaration and the Act, including, without limitation, the right to receive, administer, and distribute funds, awards, and insurance proceeds; to effect the sale of the Property as permitted by this Declaration or by the Act; and to make, execute, and deliver any contract, deed, or other instrument with respect to the interest of an Owner.
ation, DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 29 A CONDOMINIUM COMMUNITY 17.2. TERMINATION. Termination of the terms of this Declaration and the condominium status of the Property will be governed by Section 82.068 of the Act, subject to the following provisions: [7.251 Substantial Taking. In the event of substantially total damage, destruction, or condemnation of the Property, an amendment to terminate must be approved by owners representing at least sixty-seven percent (67%) of thg Association and by certain mortgagees pursuant to the Mortgagee Protet this Declaration.
17.2.2. Total Taking. In the event of condemnation of tke entir& mortgagees.
17.2.3. Other Circumstances. In all other circu terminate must be approved by owners representing at votes in the Association and by certain "O,. p $59) of the gagee Protection article of this Declaration.
17.3. CONDEMNATION. The Asso€iatfop, e démnation of any part of the Property will be governed by SectionA2. behalf of owners, but without their consent, the board may execute ay interests following condemnation and té pérameters of the Property. If the land or constructing additional improve . The Association indemnities every officer, director, and
ing condemnation and té pérameters of the Property. If the land or constructing additional improve . The Association indemnities every officer, director, and Boses of this Section, “Leaders”) against expenses, including not exclude™ er rights to which present or former Leaders may be entitled. As a common expense, the Association will maintain adequate general liability and directors and officers liability insurance to fund this obligation, if it is reasonably available.
18.2. ASSOCIATION’S RIGHT TO ENFORCE DOCUMENTS. The remedies provided in this Section for breach of the Documents are cumulative and not exclusive. In DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 30 A CONDOMINIUM COMMUNITY addition to other rights and remedies provided by the Documents and by law, the Association has the following right to enforce the Documents: 18.2.1. Nuisance. The result of every act or omission that violates any provision of the Documents is a nuisance, and any remedy allowed by law against a nuisance, either public or private, is applicable against the violation.
18.2.2. Fine. The Association may levy reasonable che continues, and does not constitute a waiver or discharge of tag ownef’s the Documents.
18.2.3. Suspension. The Association may suspertd occupants to use common elements (except rights of ip¢ 18.2.4. Self-Help.
element or unit to abate or re reasonably be necessary, any exercising this right, the board 1 the abatement. The board ma watement against the unit and owner as situation exists in the good faith opinion The Associdtrer2s’written notice must contain a description of the violation or property damage;
atement. The board ma watement against the unit and owner as situation exists in the good faith opinion The Associdtrer2s’written notice must contain a description of the violation or property damage; the amount of the proposed fine or damage charge; a statement that not later than the thirtieth (30th) day after the date of the notice, the owner may request a hearing before the board to contest the fine or charge; and a stated date by which the owner may cure the violation to avoid the fine -- unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding twelve (12) months. The Association may also give a copy of the notice to the occupant. Pending the hearing, the Association may continue to exercise its other DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 31 A CONDOMINIUM COMMUNITY rights and remedies for the violation, as if the declared violation were valid. The owner’s request for a hearing suspends only the levy of a fine or damage charge. The owner may attend the hearing in person, or may be represented by another person or written communication. The board may adopt additional or alternative procedures and requirements for notices and hearing, provided they are consistent with the Act’s requirements.
ARTICLE 19 GENERAL PROVISIONS 19.1. COMPLIANCE. The owners hereby covenant and agree that e Association at the time of mailing. If an owner fails to give theA lation ‘an ad 6 mailing notices, all 19,3. syisioMof this Declaration by judgment femains in full force and effect. The effect of a general statement is not limited Ation of specific matters similar to the general.
19.4. CAPTIONS. The convenience and are in g refer.
ga ence to”a gender includes all genders. Similarly, a reference to the
l statement is not limited Ation of specific matters similar to the general.
19.4. CAPTIONS. The convenience and are in g refer.
ga ence to”a gender includes all genders. Similarly, a reference to the plural, thgplural the singular, where the same would be appropriate.
ON. Unless terminated or amended by owners as permitted herein, the laration run with and bind the Property, and will remain in effect perpetua ‘nt permitted by law.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 32 A CONDOMINIUM COMMUNITY | 19.7. APPENDICES. The following appendixes are attached to this Declaration and are incorporated herein by reference: A -_ Legal Description of Subject Land B - Easements and Licenses C - Schedule of Allocated Interests D - Plats and Plans E - Declarant Representations and Reservations F - Legal Description of Additional Land Subject to Annexation G - Initial Designation of Area of Common Responsibility H - Consent to Declaration Gos DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 33 A CONDOMINIUM COMMUNITY SIGNED AND ACKNOWLEDGED ati SIGNED on this © dayof CX 1D Ye VY“, 2012.
FCOP, LLC, a Texas limited liability company By: THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged beforg 2012, by William A. Peavy, III, Manager of F behalf of said limited liability company.
S \ TIMOTHY A. CAMERON My Commission Expires ; Nx ae February 26, 2015 vv" DECLARATION OF FRISCO CORNERS OFFICE PARK, Page 34 A CONDOMINIUM COMMUNITY TO DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY APPENDIX A LEGAL DESCRIPTION PHASE ONE A tract or parcel of land situated in the Stephen Combs Survey, wd Fusco, Collin County, Texas, being part of Loi 22, Block 2 of "Frisec conveyance plat to the City of Frisco recerded in Cabinet O ae
A tract or parcel of land situated in the Stephen Combs Survey, wd Fusco, Collin County, Texas, being part of Loi 22, Block 2 of "Frisec conveyance plat to the City of Frisco recerded in Cabinet O ae Records (CCPR), and being more particuarly described as ° BEGINNING at a set 4% inch iron rod wita C&P co Drive, said iron rod being the northeast corner sad said Lot 1 to a set 4 inch :ron rod with Gg PHENCE South $9°3 106" Wes square feet or 0 72) ucres more or less.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page A-]!
A CONDOMINIUM COMMUNITY Tv Q a.
APPENDIX B TO DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY EASEMENTS AND LICENSES O1/23/2903, tiled 01/31/2003, recorded in Volume 534%, Property Records of Collin County, Texas, and an show: Peiser, 2.2.0.8. #4688, dated 98/93/2906, laut reves Terms, provisions, and conditions of Declaratig Conditions and Restrictions filed 05/{ 090, 2187, Real Preperty Records of Ccolll Terms, provision, conditions and Conditicns and Restricticns re Records, Collin County, Texas Volume 5354, Page 3323 and V Collin County, Texas. Assignn 20070220000232519, Keal Proper Amendment filed 01/06/2003 Collin County, Texas.
aration of Covenants, Page 826, Real Property Amendments recorded in Real Property Records, Rights tiled 95/29/2007, cc# fin County, Texas. Second SBlOOCO5040, Real Preperty Records, eo Terms, conditions and oY and between DD contained in Easement Agreement executed a Texas Limited partnership, and The .P., & Georgia limited partnership, dated fecorded in Volume 4644, Page 843 cf the Real Texas, and as shown on survey of Hugh £.
last revised 08/09/2006.
Plat of Frisco Corners, Block 2, Lot 2R, an Addition
Georgia limited partnership, dated fecorded in Volume 4644, Page 843 cf the Real Texas, and as shown on survey of Hugh £.
last revised 08/09/2006.
Plat of Frisco Corners, Block 2, Lot 2R, an Addition Collin County, Texas, per the Plat thereof, recorded DECLARATION OF FRISCO CORNERS OFFICE PARK, Page B-1 A CONDOMINIUM COMMUNITY APPENDIX C TO DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY SCHEDULE OF ALLOCATED INTERESTS — PHASE ONE Sy > V/ /S COMMON ELEMENT OWNERSHIP!
' The actual air-conditioned square footage within each unit as originally constructed may vary slightly (e.g. more of Jess than 1150 square feet depending upon how one takes the measurements). For on-going convenience purposes (particularly the likely de minimus impact on expense and voting allocation if the allocation were otherwise based purely on engineering-exact square footage calculations), the Declarant has intentionally prescribed these 1/4 allocations.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Fae Cl A CONDOMINIUM COMMUNITY APPENDIX D TO DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY PLATS AND PLANS D-1 BEGINNING at a set 4 inch iron rod with Q& Drive, said iron rod being the northeas Block 2 of “Frisco Comers. an addin toShe ei Q agbinel M Page 483 in the CCPR; Ther of Lot, THENCL South G0°2 S'08" East, 139995 fect io ine between said Lot 2R and suid Lott to a set “4 inch iron rod fe THENCE South $9°3 1°06" Wg 30% pede ONQ?29°47", and a cherd which bears North §4°49°S0" East 4.36 a set scriQg ¥ ff ip, 2036 “sed JY PRES EES | Zz Wee "§ Rs | a VE!
| DECLARATION OF FRISCO CORNERS OFFICE PARK, Page D-] A CONDOMINIUM COMMUNITY D-2 FRISCO CORNERS OFFICE PARK PHASE 1 SET "X" VAM ESMT.
R=570.00' L-91.17'
RES EES | Zz Wee "§ Rs | a VE!
| DECLARATION OF FRISCO CORNERS OFFICE PARK, Page D-] A CONDOMINIUM COMMUNITY D-2 FRISCO CORNERS OFFICE PARK PHASE 1 SET "X" VAM ESMT.
R=570.00' L-91.17' Δ=9°29'46" CH DIR=N84'49'59"E CH=94.36 85.5 72.64 N100207 W AIER & SAM ARY SEWER EASEMENT S.I.R.
60.56' 27.9' 101 9.6 SAV SAR FASEMENT SET "X" STOCKARD DRIVE 60 R.O.W 140.43' Unofficial S.I.R.
Bosis of Bearing: Plat- "Block 1, Lols 3R, 4R, 5R, 6R, 7-16, and 18R, Block 2, als 2R, 3 & 4R Frisco Corners", Cabinet 0, Page 219 30% WATER COSERV FASEMEN 24 FIRE LANE, ACCESS & 10.1.5 IMSTAN S.I.R.
Revised: 10/01/12 C&P ENGINEERING, LTD.
100 GATEWAY ELVO SUITE 101 RICHARDEON, ΤΙΧΑΣ 972.644.2800 Fax 972.644.2017 Page 2 of 2 www.c-pengineering.com Texis Reg. #F-3165 • Engineering • Planning • Surveyinç 1801 GATEWAY BLVD, SUITE 101 RICHARDSON, TEXAS 75083 (972)644-2800 40 20 0 40 Scale: Date: 1"=40' 09/26/12 1" = 40' Job No.:10 10018 Dwg. rile: PHASE-1 DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY Page D-2 D-3 20 1.1 Unofficial Fir יל DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY Page D-3 Eleraterm APPENDIX E TO DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY DECLARANT REPRESENTATIONS AND RESERVATIONS E.1. DECLARANT’S REPRESENTATIONS. — Declaggnt mgkeg representations (to the best of Declarant’s knowledge) regardin Property.
3.
4, No .fenve Appendix A doffot consti be exercisethse Declaration.
afiy time, but not more than five (5) years after the date of recording this E.3. STATUTORY DEVELOPMENT RIGHTS. Notwithstanding the foregoing, Declarant reserves the following Development Rights: a. The right by amendment to add real property to the Property.
of recording this E.3. STATUTORY DEVELOPMENT RIGHTS. Notwithstanding the foregoing, Declarant reserves the following Development Rights: a. The right by amendment to add real property to the Property.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page E-1 A CONDOMINIUM COMMUNITY b. The right by amendment to create units, common elements, and limited common elements within the Property.
C. The right by amendment to subdivide units or convert units into common elements.
Declarant, in the Collin County real property records.
include a legal description of the Property, as expanded, and a interests if units are annexed. Declarant’s right to annex additiona following limitations: a. Not more than twenty-three (2 the Property.
b. All improveme annexation.
Cc. The struc d. Alf upfts att como’ elements created pursuant to Development Rights will be regrickgd to bgsirjess office use in the same manner and to the same extent as the-wnits*created aide RAWABLE PROPERTY. Declarant may withdraw from the Property and fre e fhis Declaration any portion of the real property described in Appendix A provided in the portion to be withdrawn has been conveyed to an owner other than Declarant.
E.6. ADDITIONAL DEVELOPMENT RIGHTS. Declarant reserves the following easements and rights, exercisable at Declarant’s sole discretion, for the duration of the Development Period: DECLARATION OF FRISCO CORNERS OFFICE PARK, Page E-2 A CONDOMINIUM COMMUNITY a. The right to amend the Documents without consent of other owners or any mortgagee, for the purpose of meeting requirements of a mortgagee or underwriter.
b. An easement and right to erect, construct, and maintain on and in the common elements and units owned or leased by Declarant whatever Declarant
f meeting requirements of a mortgagee or underwriter.
b. An easement and right to erect, construct, and maintain on and in the common elements and units owned or leased by Declarant whatever Declarant determines to be necessary or advisable in connection with the struction, completion, management, maintenance, and marketing of the Prop c. The right to sell or lease any unit owned by Declarap d. The right of entry and access to allqunits tg related work, if any, for the benefit of the unit bee} tered common elements. Requests for entry must be nia reasonably convenient for the owner who may no consent.
e. An easement and ri on common elements and units sole expense, will restore g architectural standards o Fad !
hts, the order in which portions will be developed, or whether all portiog’s will © od: The exercise of Development Rights as to E.8.
Declarant The right to exercise any Development Right.
eG. The right to use units owned or leased by Declarant as models, storage areas, and offices for the marketing, management, maintenance, customer service, construction, and leasing of the Property, for as long as Declarant owns a unit.
d. For purposes of promoting, identifying, and marketing the Property, Declarant reserves an easement and right to place or install signs, banners, flags, display lighting, and seasonal landscaping on the Property.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page E-3 A CONDOMINIUM COMMUNITY Declarant reserves an easement and right to maintain, relocate, replace, or remove the same from time to time within the Property.
e. Declarant has an easement and right of ingress and egress in and through the common elements and units owned or leased by Declarant for purposes of constructing, maintaining, managing, and marketing the Property,
s an easement and right of ingress and egress in and through the common elements and units owned or leased by Declarant for purposes of constructing, maintaining, managing, and marketing the Property, and for discharging Declarant’s obligations under the Act and this De®laration.
f. The right to appoint or remove any officer or dire the Association during the Declarant Control Period consistent with thg E.9. DECLARANT CONTROL PERIOD. For the bene and mortgagees, and for the purpose of ensuring a complete and the Property, Declarant will retain contro! of the Association, subjec 1. Transition of Control. Declarant will cop 82.103 of the Act regarding transition of control from Declarant directors.
d elections of s that may be created to owners yon of Declarant, the Association is transferred tt+the-Association for deposit to a segregated fund. Declarant may not use the fund to defray Declarant’s expenses, reserve contributions, or construction costs, or to cover the Association’s budget deficits during the Declarant Control Period. If Declarant has unsold units on termination of the Declarant Control Period, Declarant may reimburse itself for a unit’s prepaid contributions from monies collected at the unit’s closing.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page E-4 A CONDOMINIUM COMMUNITY E12. GENERAL RESERVATION. Notwithstanding other provisions of the Documents to the contrary, nothing contained therein may be construed to, nor may any mortgagee, other owner, or the Association, prevent or interfere with the rights contained in this Article which Declarant hereby reserves exclusively unto itself, its agents, employees, and contractors.
E.13. EXPENSES OF DECLARANT. Expenses related to the cogfletion and
he rights contained in this Article which Declarant hereby reserves exclusively unto itself, its agents, employees, and contractors.
E.13. EXPENSES OF DECLARANT. Expenses related to the cogfletion and marketing of the Property will be paid by Declarant and are not common eXg Association.
E.14. OBLIGATION FOR ASSESSMENTS. For each unit owpé Declarant is liable for Regular, Special, Individual, and Deficiengy Asses E.15. MANAGEMENT CONTRACT. If Declarant ent management contract on behalf of the Association during the board elected by the owners takes office.
=ph SIGNED on this S day of rol Period, the y time after a DECLARATION OF FRISCO CORNERS OFFICE PARK, Page E-5 A CONDOMINIUM COMMUNITY APPENDIX F TO DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY LEGAL DESCRIPTION OF ADDITIONAL LAND SUBJECT TO ANNE Lot 2R, Block 2 of Frisco Corners, an Addition to the City of Fris 6 Plat thereof, recorded in Cabinet O, Page 219 of the Collin County, ?
EXCEPT the following described tract: BEGINNING ata set {4 inch iron rod wi Drive, said iron rod being the northeast Block 2 of “Frisco Corners, an addition té the CCPR; THENCE South 00°25'08" East] 39 Set allgn said Lot | to a set 4 inch iron ré D; THENCE South 8993 st 222.63 feefo a set 4 inch iron rod with C&P cap; efftral ungle of 9°29°47", and a chord which bears North 84°49°59" East 94.36 | fect, to a set scribed “X"; North 89°34’ 52” East 140.43 feet to the Point of Beginning and Containing 31,392 square feet or 0.721 acres more or less.
Page F-1 DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY APPENDIX G TO DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY
92 square feet or 0.721 acres more or less.
Page F-1 DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY APPENDIX G TO DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY In addition to the common elements maintained by t components generally associated with (but not necessarily part of) Ing expense. Appearance on this list does not convert any compong portion of a unit, and vice versa.
1. Roofs, roofing systems, gutters, g 2. Foundations 3. Exterior surfaces of peri a wall stud or supporting member. For ¢ Declaration “aad-téed not be rerecorded.
BEFORE ACQUIRING AN OWNERSHIP INTEREST IN A UNIT, EACH PROSPECTIVE PURCHASER IS STRONGLY ENCOURAGED to contact the Association to obtain and review the most recent designation of Areas of Common Responsibility, which is subject to change from time to time.
DECLARATION OF FRISCO CORNERS OFFICE PARK, Page G-1 A CONDOMINIUM COMMUNITY APPENDIX H TO DECLARATION OF FRISCO CORNERS OFFICE PARK, A CONDOMINIUM COMMUNITY CONSENT TO DECLARATION Share Plus Federal Bank, a federal savings bank, (“Lendey Note, dated December 7, 2010, executed by FCOP, LLC. Pa Tru$t to succeed to the rights, powers Pvent of a foreclosure of the liens and €p, Senior Vice President on behalt of Stare Plus Federal Bank.
y PSS we Rae, TERESA BERNSTEIN § 7" Hoe A nee Notary Public, 3 Beene es State of Texas 3 pra 04-29-14 ¢ 3 ine Comm. Exp. é Nolary Public, Staté of Texas DECLARATION OF FRISCO CORNERS OFFICE PARK, Page H-1 A CONDOMINIUM COMMUNITY EO Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 10/08/2012 02:24:01 PM $228.00 CLUNA 20121008001275230