Document

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FRISCO PRESTON HILLS HOMEOWNER’S ASSOCIATION, INC.

STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTR FRISCO PRESTON HILLS HOMEOWNER’S ASSOCIATION, INC.(as may be a time to time, the “Declaration”) is made by, CTMGT Frisco 113, LLC, a Te company (“Declarant”).

WITNESSETH: Declarant, as the owner of the real property described in Exhi N by recording this Declaration in the Official Public Records of vn Counpy, Texas eg general plan of development for a single-family home planned ig Homeowner’s Association, Inc. This Declaral administration, maintenance, and preservation ¢ pfent plan is the creation of non-profit corporation whose aration, to own, operate, and/or ass that the property described i in Exhibit A ed, conveyed, used, occupied and otherwise shall run with the title to such property. This exsons having any right, title, or interest in any portion of ccessors-in-title, and assigns.

ARTICLE I DEFINITIONS and expjain key concepts, some terms are capitalized to indicate they have special Whenever used in capitalized form, those terms have the following meanings: confusion, definitions.

(a) “Architectural Control Committee” and/or “ACC” shall mean and refer to the architectural review body for the Property, as described in Article IJ. During the period of Developer control, the Declarant may have the sole right to appoint and remove members of the ACC.

(b) “Association” shall mean and refer to Frisco Preston Hills Homeowner’s Association, Inc., a Texas non-profit corporation whose Certificate of Formation is attached hereto

emove members of the ACC.

(b) “Association” shall mean and refer to Frisco Preston Hills Homeowner’s Association, Inc., a Texas non-profit corporation whose Certificate of Formation is attached hereto as Exhibit B, and which shall have the right to enforce this Declaration.

(c) “Board of Directors” or “Board” shall mean and refer to the body selected as provided in the Bylaws, being responsible for the general governance and administration of the Association and this Declaration. The initial Board shall be those individuals set forth in the Certificate of Formation and, during the time of Declarant control, the Declara pall have the sole right to appoint and remove all Directors to the Board.

(d) “Builder” shall mean and refer to any person or entity who has acguyiré at or Lots for the purpose of constructing a residence thereon for later sale to consy¢f (e) “Bylaws” shall mean and refer to the Bylaws of F ie: Association, Inc., approved by the Board of Directors, as may be Ade (f) “Common Properties” shall mean all real pre thereon) now or hereafter owned, leased or controlled by Association holds possessory or use rights, for em enfpyment of the Owners (hereinafter defined) including, but not limited tox i i easements granted or dedicated to the retention ponds within the Property, g Association, at the sole discretion of the bé standard of conduct, maintenance and iltyg throughout the Property or the minimum elfies, Rules and Board resolutions, whichever shall establish such standard. The Association, unity- Wide Standard established by the Declaration (g) Vide Standard may or may not be in writing. The evolve as development progresses and as the Property changes.

(i) “Declarant” shall mean and refer to not only CTMGT Frisco 113, LLC, a Texas

ration (g) Vide Standard may or may not be in writing. The evolve as development progresses and as the Property changes.

(i) “Declarant” shall mean and refer to not only CTMGT Frisco 113, LLC, a Texas limited liability company, but also any successor, alternate or additional Declarant as appointed by CTMGT Frisco 113, LLC, as successor, alternate or additional Declarant by written instrument, filed of record in the office of the County Clerk, specifically setting forth that such successor, alternate or additional Declarant is to have, in whole or in part, together with CTMGT Frisco 113, LLC, the Declarant rights, duties, obligations and responsibilities for all or a specific portion or Phase of the Property. The term “Declarant” shall not include any person or entity that purchases a Lot from Declarant unless such purchaser is specifically assigned, by a separate recorded instrument, some or all of the Declarant rights under this Declaration as to the conveyed property.

Gj) “Design Guidelines” shall mean and refer to the design standards and guidelines adopted by the Declarant, as may be amended in accordance with Article III, representing the minimum specifications for the construction of all residences, additions to such residences, and other improvements associated with each residence including, without limitation, ater structures or improvements located on a residential Lot, and the minimum requirements for fa installed and maintained on each Lot. The Design Guidelines are an integra Declaration and the development plan of Frisco Preston Hills Homeowner’s Assaci . of prospective Owners or those desirous of constructing a residence on,a Lot to obtain a current copy of the Design Guidelines prior to el submission to the Architectural Control Committee for approval.

prospective Owners or those desirous of constructing a residence on,a Lot to obtain a current copy of the Design Guidelines prior to el submission to the Architectural Control Committee for approval.

(k) “Final Plat” shall mean, initially, the map reston Hills Homeowner’s Association, Inc. of, and recorded in the Plat Ré ty, Texas, and any future recorded subdivision maps or plats co af made subject to Sly as the case may be, this ate of formation, and the rules of to time. An appendix, exhibit, acument is a part of that Governing every county in which all or a portion are Dedicatory Instruments as defined in (1) "Governing Documents" Declaration, the Final Plat, the Bylaws, the Association, as any of these may aiifnean and refer to each and every person or business entity (whether one i ing Declarant (so long as applicable), that is a record owner of a fee or ee intergSt ig any Lot; provided, however, that (i) the term “Owner” or “Owners” shall not include or entity who holds a bona fide lien or interest in a Lot as security merely for the perfOmmane€ of an obligation (specifically including, but not limited to, any mortgagee or trustee under a mortgage or deed of trust) unless and until such mortgagee, beneficiary or trustee has acquired title to such Lot pursuant to foreclosure or any proceeding in lieu thereof: and (ii) with respect to any matter requiring the vote, consent, approval or other action of an Owner, each Lot shall be entitled to only one (1) vote except as provided for in Section 8.2 and Section 15.6 herein.

(p) “Phase” shall mean and refer to each separately developed residential area or addition as set forth and more fully described on a Final Plat depicting real property that has been subjected to the Declaration.

shall mean and refer to each separately developed residential area or addition as set forth and more fully described on a Final Plat depicting real property that has been subjected to the Declaration.

(q) “Frisco Preston Hills Homeowner’s Association, Inc.” or “Property” shall mean and refer to the real property described on Exhibit A, any improvements now or hereafter situated thereon, and any and all additional real property (and the improvements thereon) which Declarant hereafter subjects to this Declaration, in accordance with Article XIV hereof.

and obligations on the land described. >.

ARTICLE II CONSTRUCTION OF IMPROVEMENTS AND U Section 2.1 Residential Use.

ape Z Any building or structure to be g by the Architectural Control Committee under Article III.

Section 2.2 Single-Famil Each residence may be ¢ cies) y by persons living and cooking together as a single housekeeping unit, together with anyhoysehAld employees. Except for families consisting of : eowners who rent or lease their residence are required to execute a written lease agreefwent, signed by the tenant and a copy provided to the Association : amas easel is restricted to single family per Section 2.2 above. Owner shall provide to the Association or its Managing Agent the names and contact information for tenants.

d. Abide by Rules. The Owner must make available to the tenant copies of the CCR’s, Rules and Regulations and all amendments thereto. Tenant must agree to abide by all Association rules and must acknowledge that failure to do so may constitute a default under the lease terms and agreement. Owner must obtain a signed acknowledgment from the tenant that this section of the CCR’s has been explained in detail.

at failure to do so may constitute a default under the lease terms and agreement. Owner must obtain a signed acknowledgment from the tenant that this section of the CCR’s has been explained in detail.

e. No assignment or sub leasing is allowed.

f. Tenant must carry renters insurance.

g. Owner shall be responsible at all times for his tenant and the maintenance and upkeep of the home and lot. Should the tenant violate a rule and a violation notice is sent, the Owner shall be responsible for the violation and ensuring it is immediately abated. Should a fine for non-compliance result, the Owner shall bef#esponsible for payment of the fine to the Association including any other monet&ry e&penses the Association may incur for the enforcement and abatement of a vie Owner shall ensure the tenant complies with the CCR’s, regulations.

Section 2.3 Garage Required.

Section 2.4 Driveways.

All driveways shall be surfaced y Fah Diphibit ary Sharggterfshall be permitted on any Lot without the express At the Declarant’s or Board of Directors sole allowed upon written consent: (i) children’s playhouses, dog le to adjoining Lots or Residences, small gazebos, and enance equipment, which may be placed on a Lot subject to Axcticle III and provided no part of any such structure is visible from otWiéhstanding certain structures such as small play sets and gazebos , and (ii) the Builder or contractor may have gfits (such as a sales office andior construction trailer) on a given Lot during eTesidence on that Lot or on a different Lot as agreed to between the Builder or contractor and Declarant and/or as otherwise set out in the Design Guidelines. No building material of any kind or character shall be placed or stored upon the Property until the Owner

the Builder or contractor and Declarant and/or as otherwise set out in the Design Guidelines. No building material of any kind or character shall be placed or stored upon the Property until the Owner thereof is ready to commence construction of improvements, and then such material shall be placed within the property lines of the Lot upon which the improvements are to be erected.

Portable basketball goals shall be allowed with written approval of the ACC only. Permanent basketball goals of any kind are prohibited without the express written permission of the ACC.

Portable basketball goals may be placed on the driveway only when in use; no portable basketball goal or any other sports play equipment such as but, not limited to soccer, skate board ramps, goals or nets of any kind, and other play equipment of any type or kind may be placed or played in the street. Portable basketball goals must be stored out of public view when not in use and must be kept in good repair at all times. No unsightly weights such as tires, sand bags, rocks, or other materials may be used. The Declarant and the Board of Directors reserves the righ p removal of a portable basketball goal or any other play equipment when use of same violation of this Declaration, Bylaws, or Rules and Regulations or if after written notice fails or refuses to make the required improvements or repairs.

(b) — Except as otherwise provided in this Section, the > residing within a home shall have restricted parking on the str intended for short term parking to include but not limited to guest ‘pa providers, and passenger pick up and drop off. Violations for stra an unauthorized vehicle at the Owner’s expense. Vehicle street parking may be the Board. On street

clude but not limited to guest ‘pa providers, and passenger pick up and drop off. Violations for stra an unauthorized vehicle at the Owner’s expense. Vehicle street parking may be the Board. On street parking, enforcement, and notices of violati Case by case basis at the sole discretion of the Board. Vehicles of , / i ding in the home must use the driveway or garage. Each Lot shall be anman’ four vehicles unless approved in writing by the ACC.

eéreational vehicles, mobile homes, trailers, nlicensed vehicles, trucks with tonnage in excess phicles with advertising such as compact cars or trucks may be parked i ef ger vehicles with commercial lettering or logos are prohibited unless they “Sports utility vehicles” and “mini-vans” (as to, as determined in the Board’s discretion) and pick-up itind“Or logos shall be treated as automobiles and may be parked This Section shall not apply to parking for purposes of law cials/emergency vehicles, and emergency vehicle repairs, or for d delivery vehicles for periods necessary to perform the services or to ding the above, for purposes of cleaning, loading, unloading [for a period of 24 hours prior to departure and upon return from a trip], and short-term and visitor parking, any vehicle may be parked outside of an enclosed garage temporarily and irregularly to accommodate such use. The Board, in its discretion, may enact additional rules governing such temporary, irregular use or, in the absence of specific rules, shall have discretion in determining what constitutes permissible parking under such circumstances. The Declarant and Board of Directors shall have the sole right to review and determine if a violation of this section exists or if said

g what constitutes permissible parking under such circumstances. The Declarant and Board of Directors shall have the sole right to review and determine if a violation of this section exists or if said violation will be enforced against an Owner. Each violation shall be reviewed and determined on a case by case basis. As used in this Section, the term “vehicles” includes, without limitation, automobiles, trucks, boats, trailers, motorcycles, campers, vans, and recreational vehicles.

(c) No vehicle of any size which transports flammable or explosive cargo may be kept or parked on the Property at any time, except for use by or on behalf of Declarant in connection with the development of the Property or by a builder or contractor in connection with the construction of improvements on a Lot.

(d) No animals or livestock of any kind including but, not limited to potbellied pigs, cows, horses, snakes, rats or any other rodent shall be raised, bred ept Oy the Property for commercial purposes or for food. Dogs, cats or other household gt J r the purpose of providing companionship for the private family; hgwever. Which gfe permitted to roam free, or, in the sole discretion of the Bo nsti ho the occupants of other Lots shall be removed upon request of the Board ym gMtails to honor such request, the Board may, at its sole discretion, remove 0 e proydde for the removal of the pet. Notwithstanding anything contained herejr a © Board in its igert Bs and occupants within the Property may decide to take no action efer qo ining partie¥ to the appropriate municipal or governmental authorities for handlj Pets shall be kept on a leash or otherwise confined inside a fenced eAwelling. PETS SHALL NOT BE ALLOWED TO BARK OR HOWL’ ed, licensed and inoculated

e municipal or governmental authorities for handlj Pets shall be kept on a leash or otherwise confined inside a fenced eAwelling. PETS SHALL NOT BE ALLOWED TO BARK OR HOWL’ ed, licensed and inoculated as required by law and must be pr It is the Owner’s responsibility to keep the front of theig Lot Ye 4 ate of pet debris and to pick up and properly dispose of their pet’s waste why ited Notwithstanding anything seemingly (e) No Lot or other arf : all be used as a dumping ground for rubbish or a site for the accumulation meterials of any kind, including, without limitation broken or rusty equipment, d smblgd gr inoperative cars, other vehicles or discarded appliances and furniture ash, Se € Storage or other disposal of such material shall be kept in gis incident to construction of improvements may be stored éning apparatus shall be installed on the ground in front of a oning apparatus shall be attached to any wall or window of a residence.

(g) 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 broadcast signals or other means of communication upon a Lot or upon any improvement thereon is prohibited, except that 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 under the Telecommunications Act of 1996, as amended from time to time. The Board 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.

red 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.

To the extent that reception of an acceptable signal would not be impaired or the cost of installation would not be unreasonably increased, an antenna permissible pursuant to the Declaration or the rules of the Association may only be installed in a side or rear yard location, not visible from the street or neighboring property, and integrated with the dwelling gets landscape. Antennae shall be installed in compliance with all state and regulations, including zoning, land-use and building regulations.

(h) No Lot or improvement thereon shall be used for commerci purposes of any kind other than a small home office. Nothing in this subpgta: a builder’s use of a residence as a sales office until such blr aes NCE sold and closed. Nothing in this subparagraph shall prohibit an Ov number of cars parked on the street.

(i) No fence, wall, hedge or , cts sight lines at elevations between three feet (3') and six feet (6') ah6vetthg way sitall b&placed or permitted to remain on any corner Lot within the triangular 4 ed g€t right-of-way lines and a line connecting them at points ten feet (10') fi idx, of the street right-of-way lines, or, in eefion of the street right-of-way lines as y on any Lot within ten (10) feet from the . or tree is located within a back yard lot and its location Board of Directors may require the trimming or removal of wdren’s playhouses, dog houses, greenhouses, gazebos and buildings haintenance equipment which specifically conform with the Design and erected (k) No sign of any kind shall be displayed to the public view on any Lot, except: (i)

s, greenhouses, gazebos and buildings haintenance equipment which specifically conform with the Design and erected (k) No sign of any kind shall be displayed to the public view on any Lot, except: (i) political signs which may be placed on the Lot no earlier than six (6) weeks prior to an election and which must be removed within two (2) weeks after the election for which such sign is displayed; (ii) one (1) professional security service sign of not more than one square foot; (iii) upon prior written approval of the ACC, one (1) sign of not more than five square feet advertising the property for rent or sale during any period that the Lot actually is for rent or sale; or (iv) signs used by a Builder to advertise the Property during the construction and sales period, each of which shall, in any event, comply with all statutes, laws or ordinances governing same. The Board of Directors or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the above, and in so doing shall not be subject to any liability for trespass or otherwise in connection with such removal.

() The drying of clothes in public view is prohibited. Clothes lines ayyprohibited.

(m) Wood used for fireplace, barbeque, or other use must be stackéd free of rodents.

(n) No Owner shall perform, fail to perform, or permirgay i on such Owner’s Lot which would violate any laws, statutes, ordinaficg parallel to the curb and not extend beyond a Section 2.8 Building Materials.

The building materials to be used for each residence and other structure must conform to the requirements set out in the Design Guidelines. Allowed roofing materials shall be set forth exclusively in the Design Guidelines. The color of roofing shall be consistent throughout Frisco

form to the requirements set out in the Design Guidelines. Allowed roofing materials shall be set forth exclusively in the Design Guidelines. The color of roofing shall be consistent throughout Frisco Preston Hills Homeowner’s Association, Inc. and shall otherwise conform to the Design Guidelines.

Section 2.9 Mailboxes and Address Blocks.

Mailboxes shall be standardized throughout Frisco Preston Hills Homeowner’s Association, Inc. and shall be constructed in accordance with the Design Guidelines. An address block shall be installed on the front facade of each residence and shall be of cast stone. If cluster mailboxes are used in this subdivision and there is damage sustained which result entity responsible, the costs of repairs or replacement of a cluster mailbox.s individual assessment in equal portion by each Owner to whom thecluster Section 2.10 Landscaping.

Each Builder of a residence upon each Lot shall, upg efore occupancy of a number of trees and minimum size and number of shrubs in the fraghwyardvaedi lation of the house as required by the Design Guidelines. Thereafte have the responsibility to properly maintain such tree necessary, shall replace such es. The Declarant and/or the erCised at its sole option, to remove is thereof to the Owner’s account as a comply with the Desig: idelh énstruction of improvements within the Property and the installation, mainseparfce“and replacement of trees and landscaping within the Property.

Section 2. KONG 062N2 i ffici OE Records, of the City of Frisco, Collin County, Texas as it exists or maybe amended. / ZONING standards apply to the sixty-five foot (65’) lots within this subdivasi ARTICLE II ARCHITECTURAL CONTROL Section 3.1 Review Authority.

sco, Collin County, Texas as it exists or maybe amended. / ZONING standards apply to the sixty-five foot (65’) lots within this subdivasi ARTICLE II ARCHITECTURAL CONTROL Section 3.1 Review Authority.

(a) General. Declarant and the Association will, in all likelihood engage the services of third-party professionals including architects, engineers, or other persons to perform and 10 administer the submission, review and inspection process which may be required or necessary under this Article. Declarant reserves the right to implement and enforce additional application, permitting, review, testing and inspection requirements and procedures not contained herein relating to national or uniform codes pertaining to building, electrical, plumbing and any other aspect of construction or development as deemed necessary by Declarant.

(b) Declarant. Declarant shall have exclusive authority to administer, review and act upon all applications for architectural and other improvements within the PrgPerty until all planned Lots have been conveyed to persons other than Declarant or a BuildéxandNgave been improved with a dwelling for which a certificate of occupancy has been issued, unbe earlier terminates its rights in a recorded instrument. Declarant may designate 9 its designee act solely in Declarant’s interest and owe no duty t purview of this Article III. In reviewing and acting upon any request for not required to hold meetings or keep minutes relating to its 1 jurisdiction, and (ii) Declarant’s right to veto ahy deci§ it determines, in its discretion, to be inappropriate or inadvisable for any res ; Weclarant has any rights under this Article, the jurisdiction of other entities matters as Declarant specifically delegates.

Upon Declarant’s delegation or upon

ppropriate or inadvisable for any res ; Weclarant has any rights under this Article, the jurisdiction of other entities matters as Declarant specifically delegates.

Upon Declarant’s delegation or upon s ripkts is Article, the Association, acting through the ACC, shall assume jurisdictign gVETs matters. The ACC shall consist of at least three persons. Members of thefA ‘= be Members of the Association or representatives of Members, and may, buty ee ot le Architects, engineers, or similar professionals, who may be compensated i members shall be dgsfoyé all serve, and may be removed and replaced in the Board’s discretion.

ant Owns any portion of the Property (and unless the Declarant e contrary), the ACC shall notify Declarant in writing, no less than shall have the.zigfit, in its sole and absolute discretion, to veto any ACC action; provided, Declarant’s right to veto must be exercised within ten (10) business days after it receives notice of the ACC’s proposed action. The party submitting the plans for approval shall not be notified of the ACC’s proposed action until after Declarant’s right to veto has expired.

The Board may create and appoint subcommittees of the ACC. Subcommittees may be established to preside over particular areas of review (e.g., landscape plans) and shall be governed dels by procedures the Board or the ACC may establish. Any subcommittee’s actions are subject to review and approval by Declarant, for as long as Declarant may review the ACC’s decisions, and the ACC. Notwithstanding the above, neither the ACC nor Declarant shall be obligated to review all actions of any subcommittee, nor shall the failure to take action in any instance not be a waiver of the right to act in the future.

ove, neither the ACC nor Declarant shall be obligated to review all actions of any subcommittee, nor shall the failure to take action in any instance not be a waiver of the right to act in the future.

Unless and until such time as Declarant delegates any of its reserved rights to the ACC or Declarant’s rights under this Article expire or terminate, the Association shall havg’Ng jurisdiction over architectural matters.

(d) Reviewer. The entity having jurisdiction in a particular case, whethe tor its designee or the ACC, shall be referred to as the “Reviewer”.

(e) Fees; Assistance. The Reviewer may establish od) ee ees For its review of applications and shall require that such fees be paid in adVapées ef of Charges, including those set forth under Section 3.3 below, are not paid in adva Mt Reviewer shall have no obligation whatsoever to review any such related applicgtt may include the professionals. The Board may include the compesgtion Df S&soks in the Association’s annual operating budget.

any t shall be commenced, erected, hall any exterior painting (other than repainting a structure the same or similar 0616 ¢ er addition to, or substantial alteration of, such items be made until all plans iid spé@eifices and a plot plan have been submitted to and 6n, the Reviewer may consider any factors it deems relevant, ony of the proposed exterior design with surrounding structures judgment a elf determinations are not subject to judicial review so long as they are made in good faith and in accordance with the required procedures.

Ae Section 3.3 Procedure for Approval.

PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION BY ANY PERSON

udicial review so long as they are made in good faith and in accordance with the required procedures.

Ae Section 3.3 Procedure for Approval.

PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION BY ANY PERSON OR ENTITY, THE BUILDER SHALL OBTAIN FROM THE REVIEWER A BUILDING PERMIT AND SHALL PAY, IN ADVANCE, A RELATED INSPECTION FEE AND FEE OWING OR TO BE OWED IN THE AMOUNT OF $150.00 OR AS DETERMINED BY THE REVIEWER. THIS REQUIREMENT NOT ONLY APPLIES TO ORIGINAL CONSTRUCTION BUT TO POOL INSTALLATIONS, MODIFICATIONS ORNQADDITIONS CONSTRUCTION. FEES ARE NON-REFUNDABLE UNLESS CANCELS SUBMISSION WITHIN FIVE (5) DAYS OF REC In addition to the foregoing requirement, final plans and spect in duplicate by mail, or hand delivered to the Reviewer. The B is not responsible for lost or delayed mail. The plans and ¢ kind, shape, height, materials and location of all legssaping shall specify in writing any requested variances fre or; 2 Xhow the nature, . The application the submission of samples of proposed copgtryctiOn phate Q uch other information as they reasonably deem necessary to make i i s such time as the plans and specifications meet the approval of the Revi séet of plans and specifications will be retained by the Association, for up toa 3 , and the other complete set of plans iveef the Reviewer and returned to the Lot ed by the Reviewer, one set of such plans g€ accompanied by a reasonable statement of cs approve or disapprove new construction plans from a builder within seven business Ways excluding weekends and holidays. All other submissions shall be app roved on proved within thi 30) business days excluding weekends and holidays after the\date Of sumission. If Reviewer fails to return a decision on submissions other

All other submissions shall be app roved on proved within thi 30) business days excluding weekends and holidays after the\date Of sumission. If Reviewer fails to return a decision on submissions other than Buildersnew construction submissions, the a lication shall be deemed to have been denied. If Reviewer fails to return_a decision on Builders new construction plan within seven (7) business days, the submission shall be deemed to have been approved notwithstanding, the Builder shall be held liable for all compliance requirements with this Declaration, Design Guidelines, and all city zoning ordinance. Any Builder who is constructing residences on multiple Lots shall have the option of submitting a master set of final plans and specifications for all of the residences it intends to construct within the Property to the deo Reviewer in accordance with the provisions of this paragraph. Once the master set of plans has been approved, the Builder shall be allowed to construct residences in accordance with such approved plans and no further submittals shall be required unless material deviations have been made to such approved plans. A plot plan providing the lot, block, and physical address will be required.

The Reviewer may, but is not obligated to, permit or require that plans be submitted or considered in stages, in which case, a final decision shall not be required until|Ater the final, required submission stage.

approved plans commence within a specified time period. If construction g within the required period, the approval shall expire and the Owner musffref before commencing any activities. Once commenced, consti e dali completion. All construction work shall be completed within orfe unless otherwise specified in the notice of approval or the Desig

ffref before commencing any activities. Once commenced, consti e dali completion. All construction work shall be completed within orfe unless otherwise specified in the notice of approval or the Desig Reviewer, in its discretion, grants an extension in writing. Ifaf within the required time, it shall be in violation of this Articlg“a action.

Also as a part of the review process, t improvement be inspected on a periodic basis codes adopted by the Declarant and othe The Association may conduct such ins, e altOmlative, it may contract with third onstruction is taking place shall be t or any Builder owns any portion of the Property and, gval of the Board. The Reviewer may from time to time publish Upon submission of a written narrative request for same, the Reviewer may, from time to time, in its sole discretion, permit Owners and Builders to construct, erect or install improvements which are in variance from the requirements of this Declaration or which may be contained in the Design Guidelines. In any case, however, such variances shall be in basic conformity and shall blend effectively with the general architectural style and design of the community. No member of the ACC or the Board, or the Association or Declarant shall be liable to any Owner or other person 14 claiming by, through, or on behalf of any Owner, for any claims, causes of action, or damages arising out of the granting or denial of, or other action or failure to act upon, any variance request by any Owner or any person acting for or on behalf of any Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests and the grant of a variance to any Owner shall not constitute a waiver of the Reviewer’s right to strictly enforce

e submitted hereunder shall be reviewed separately and apart from other such requests and the grant of a variance to any Owner shall not constitute a waiver of the Reviewer’s right to strictly enforce the Declaration, the Design Guidelines or the against any other Owner. Each such written request must identify and set forth in narrative detail the specific restriction or standard from which a variance is sought and describe in complete detail the exact nature of the varian grant of a variance by the Reviewer must be in writing and must identify in narrative standard from which a variance is being sought and the specific variance being gre Section 3.6 Liability of Reviewer.

Neither Declarant, the Board of Directors, the Architectur; igfee norymy of their respective members, officers, employees, designees, contractors/ Mdmtnigtrdtory A pectors and agents, shall have any liability whatsoever for decisions made in 3 lande wi is Article so long as such decisions are made in good faith and are not arburary’y . Lhe plans or the site plan submitted to the Reviewer shall be the responsibjfityefehe Qwitter oPthe Lot to which omissions from any such plans, or to check for s > compliance With the general provisions hether statutory or not, any other issue. Review and purely aesthetic considerations.

NCONDITIONALLY AND PERPETUALLY ANT, THE BOARD, THE ARCHITECTURAL AR RESPECTIVE MEMBERS, EMPLOYEES, YUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, OR ARISING OUT OF ANY ACTIONS OR INACTIONS NTITIES TO OR EMPLOYED BY THE REVIEWER ACTED Section 3.7 Special Rights of Declarant.

Notwithstanding anything to the contrary contained herein, any Lot owned by Declarant or

ANY ACTIONS OR INACTIONS NTITIES TO OR EMPLOYED BY THE REVIEWER ACTED Section 3.7 Special Rights of Declarant.

Notwithstanding anything to the contrary contained herein, any Lot owned by Declarant or its successor or assign, shall not be subject to the provisions of this Article III and Declarant shall not be required to submit plans and specifications, etc. to the Architectural Control Committee nor LS obtain the consent, permission or approval of the Architectural Control Committee for the matters otherwise required pursuant to this Article III, and the consent, permission or approval of the Architectural Control Committee shall be deemed given for plans and specifications, plot plans and the like to be used by Declarant, or Declarant’s assigns, in the construction of any residence on any Lot owned or sold to a Builder by Declarant. DECLARANT ALSO RETAINS SPECIAL AND UNIQUE RIGHTS AND PRIVILEGES IN ARTICLE XII AND EXHIBIT B ATTACHED HERETO THAT TAKE PRECEDENCE OVER ALL OTHER ARTICLES OR SECTIONS IN THIS DECLARATION.

ARTICLE IV SPECIAL FENCING AND LANDSCAPING Section 4.1 Fences, Walls and Screening Landscaping. © 0) Declarant and/or the Association shall have the right, but install, maintain, repair and/or replace fences, walls and/or sefé portion of any Lot situated along the perimeter of the Prope Properties, as shown on a Final Plat. Any suchM@ property of the Owner of the Lot on which syeb installed, subject to the easements and rightsfof De With respect to any fencing installed wa Association shall have the exclusive thoroughfare whenever, in the Board’ acent to a thoroughfare, the ssior of such fence facing the gOn Properties and those Lots which are situated along the perimeter of the

on shall have the exclusive thoroughfare whenever, in the Board’ acent to a thoroughfare, the ssior of such fence facing the gOn Properties and those Lots which are situated along the perimeter of the Property an © Common Properties, as shown on a Final Plat, or the Lots adjacent to a thoroughfare, for the purpose of exercising the discretionary rights set forth in this Article IV.

CTr® 16 Section 4.4 Declarant and the Association’s Discretion.

Notwithstanding any provisions herein to the contrary, neither Declarant nor the Association shall ever be obligated to erect, install, maintain, repair or replace any fences, walls, sprinkler systems, grading, planting or landscaping on the Property.

Section 4.5 Fifteen (15) Year Limitation.

The provisions of this Article IV regarding Declarant’s rights shall terminat&and’s further force and effect from and after that date which is fifteen (15) years after,the re ¢ of this Declaration. The rights of the Association shall continue throughout theé eneor ARTICLE V o, LOT MAINTENANCE BY OWNE Section 5.1 Lot Maintenance.

After the installation of the landscaping oye by p builder, the Dwner of the Lot shall thereafter maintain the yard in a sanitary and attag immediate replacement of dead vegetation and the Lot boundary lines. Yards must be ke maintain the Lot in a neat and attractive yfa at regular intervals so as to pall be grown in any portion ofa accordance with the terms hereof.

parts, and shall regularly i urfaces and shall not permit the roofs, rain gutters, down souls, | exterig ’ indaws, doors, walks, driveways, parking areas or other exterior ARTICLE VI ENFORCEMENT Section 6.1 Special Enforcement Rights of the Board of the Association.

In the event an Owner fails to comply with any provision of this Declaration, the Design

r other exterior ARTICLE VI ENFORCEMENT Section 6.1 Special Enforcement Rights of the Board of the Association.

In the event an Owner fails to comply with any provision of this Declaration, the Design Guidelines, including but not limited to any requirement contained in Article V, then, prior to the Board or the Association enforcing the compliance of such failure or seeking against such Owner remedies in accordance with this Declaration (or such other remedies as may be available to the 17 Board and/or the Association at law or in equity), the Board shall first be obligated to give such Owner a minimum of one (1) notice of such failure and a reasonable time of not less than ten (10) days to abate the violation, excluding violations that may be deemed an emergency, safety hazard, or danger to the Owner or other Residents, after the date of such notice in which to cure such violation or failure. Ifthe Owner shall not have corrected such failure within the time allotted, the Board of Directors shall have the right but, not the obligation, to assess monetary fines which may be levied in one lump sum amount not to exceed Seven Hundred Fifty and No/Dollars ($750.00) per violation or the fine may be divided into a series of fines until the maximum amgfigt of $750.00 is reached. Each day a violation exists shall constitute a separate violation! ®& Board of Directors shall have the right to exercise Self Help action and enter upon the Lot antto Bx Lot, and any improvements thereon, into full compliance with this Declaratian Guidelines, or Rules and Regulations of the Association. After the initial f# above the Board shall send or cause to be sent one (1) additional ¢ ice of fotfles: days advising the Owner of the Board’s intention to initiate Sel action

ons of the Association. After the initial f# above the Board shall send or cause to be sent one (1) additional ¢ ice of fotfles: days advising the Owner of the Board’s intention to initiate Sel action the Board deems the matter to be of an emergency where life, h&ale Residents, Neighbors, Neighborhood, or Community are at risk, the’ apply. Entry upon an Owner’s lot to abate a violation considerg : construed as trespassing against the Association, the Bog é performing self-help actions. All costs and expep $ociation in connection with correcting any such failure shall be borne b reimburse the Association for all such costs, e written request for same, the Board shall such assessment, interest and fines being Section 10.6 below.

théOwner for same plus interest, gssment under the provisions of Section 6.2 Enforcement.

ard of Directors may impose reasonable monetary fines up to eaCe which shall constitute a lien upon the Owner of the Lot related to lleged violation. The Owner shall be liable for the actions of any perties. The Board of Directors may suspend any person’s or entity” s right to use any recreational facilities within the Common Properties; provided, however, nothing herein shall authorize the Board of Directors to limit ingress or egress to or from a Lot.

18 (c) Right to Require Removal. The Board of Directors may require an Owner, at the Owner’s expense, to remove any dead tree or landscaping from an Owner’s Lot and to restore or install the necessary trees or landscaping as required by the applicable City ordinances or Association Rules, upon failure of the Owner to do so, the Board of Directors or its designee shall have the right to enter the Lot, remove and cure the violation without such action being deemed a

or Association Rules, upon failure of the Owner to do so, the Board of Directors or its designee shall have the right to enter the Lot, remove and cure the violation without such action being deemed a trespass and charge the costs thereof to the Owner’s account as a special individual assessment in accordance with Section 10.6 below.

(f) Levy Special Individual Assessment. The Board of Directors mi individual assessment in accordance with Section 10.6 as a violation fine and/or %& incurred by the Association in bringing a Lot into compliance with this Declaration Guidelines.

(g) Lawsuit: Injunction or Damages. The Board of R or in equity to enjoin any violation or to recover monetary nd of WE Failure by Declarant or the Board of Directors, to g thereafter. In addition to the Association’s enfor by any aggrieved Owner.

The decision to pursue enforceme discretion, except that the Board shall ng Z 2 an Without limiting the generality of the fonegothg¥emence Heard may determine that, under the i latidk:s p&sition is not strong enough to justify af rule being enforced is, or is likely to be construed as, inconsistent with app]atable Tay; (hi pugh a technical violation may exist or may have occurred, it is not of such a shatefic e be objectionable to a reasonable person or to justify expending the Associat $; or (iv) that it is not in the Association’s best interests, based upon hardsbip, exy g Othgr reasonable criteria, to pursue enforcement action.

ARTICLE VII NDMENT AND TERMINATION Declarant afaytitie and from time to time within seven (7) years from the date this Declaration is filed of record with the office of the County Clerk. Within such seven (7) year period, Declarant may amend the Declaration or the Bylaws for any reason without the consent or joinder of any

ration is filed of record with the office of the County Clerk. Within such seven (7) year period, Declarant may amend the Declaration or the Bylaws for any reason without the consent or joinder of any party or without the need to call a meeting of the Association. In addition to the foregoing, the Declaration may be amended by an instrument containing such amendment(s) and recorded in the Official Public Records of the County, provided, that (i) during the period Declarant owns at least one Lot, no such amendment shall be valid or effective without the joinder and consent of 19 Declarant and (ii) such amendment shall first be approved by the affirmative vote or written consent of the Association’s Members representing at least 67% of the votes in the Association voting, in person or by proxy, at a duly convened meeting of the Association. Furthermore, Declarant or the Board may, at its sole discretion and without a vote or the consent of any other party, modify, amend, or repeal this Declaration: (i) as necessary to bring any provision into compliance with any applicable statute, governmental rule, regulation, or judicial determination; (ii) as necessary to comply with the requirements of VA, or HUD (Federal Housing Administration), FHLMC or FNMA or any other applicable governmental agenoywor secondary mortgage market entity; or (iii) as necessary for clarification or to correct technicAl, or scrivener’s errors; provided, however, any amendment pursuant to clause (1 Mor (ili) immediately above must not have a material adverse effect upon any right of ag Any No amendment may remove, revoke, or modify any rahi ile ant er the Class B Member without the written consent of Declarant or the Class ely (or

have a material adverse effect upon any right of ag Any No amendment may remove, revoke, or modify any rahi ile ant er the Class B Member without the written consent of Declarant or the Class ely (or the assignee of such right or privilege). If an Owner consents te gendmént to this Declaration or the Bylaws, it will be conclusively presumed thet They e authority to er and a third Section 7.2 Termination.

is Declaration in its entirety by ing same in the Official Public griod in which Declarant owns at least € without the joinder and consent of eyt shall first be approved by the affirmative At any time, the Owners may te executing an instrument terminating thig Records of the County, provided, howevg eS : ARTICLE Vil OTING RIGHTS IN THE ASSOCIATION vote or written consent of the Asgo Association.

shall be a eT © each Lot and may not be separated from ownership of any Lot which is pent hereunder.

Section 8.2 Classes of Membership.

The Association shall have two (2) classes of voting membership: 20 CLASS A. Class A Members shall all be Members with the exception of the Class B Member. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership; provided, however, that in the event that more than one (1) person holds such interest or interests in any Lot, even though all such persons shall be Members, there shall be only one (1) vote for such Lot, which shall be exercised as they, among themselves, determine (but in no event shall more than one (1) vote be cast with respect to any such Lot).

% 99% of the ed“g Class A CLASS B. The Class B Member(s) shall be Declarant. Until such time maximum number of Lots planned or approved for the Property has been conve

t with respect to any such Lot).

% 99% of the ed“g Class A CLASS B. The Class B Member(s) shall be Declarant. Until such time maximum number of Lots planned or approved for the Property has been conve shall have the sole right to appoint the Board of Directors of the Association.

other than Builders who purchase Lots for development and sale.

twenty (20) votes for each Lot it owns until such time as control Of sie Class A Members. After such time, the Class B Member shall be a S one (1) vote for each Lot it owns.

Section 8.3 Quorum and Notice em ; ary, any action of the Members shall require the assent ofa i ose Association Members e notice of which shall be given number of Lots planned or approved for the Property has been dices {embep Entitled to to all Members not less than ten meeting.

entitled to cast ag regard f to clage betings may be called, subject to the notice requirement € required quorum at such subsequent meeting(s) shall be 8.3.3. Except as specifically set forth in this Declaration, notice, voting and quorum requirements of any action to be taken by the Association shall be set forth in its Bylaws, as same may be amended from time to time.

21 Section 8.4 Right of Inspection.

Each Owner shall have the right to inspect the financial records and books of the Association, during normal business hours and at the place where such books are kept, upon reasonable prior written notice to the Association stating a proper purpose in accordance with Section 209.005 of the Texas Property Code, as amended, and pursuant to the Open Records Policy established by the Association.

ARTICLE IX THE COMMON PROPERTIES Section 9.1 Initial Common Properties.

The Common Properties may include but are not limited to, gad by

uant to the Open Records Policy established by the Association.

ARTICLE IX THE COMMON PROPERTIES Section 9.1 Initial Common Properties.

The Common Properties may include but are not limited to, gad by all aspects of the entry features, entry monuments and walls, lan the land on which such entry features are situated, retention ponds, a clubhouse and associated recreational amenity, gates, fences, foutta 2 whether or not shown on a Final Plat, or as deemed necessary by as may be leased, maintained or owned by the Association. The foregoing lis O intetleaia rate examples o Common Properties and under no circumstanceAhgll sugh list imfese\any obligation on the Declarant or the Association to purchase, ins alhof cousthuct wuy sich} eatures or amenities.

Assessments as set forth in the Declaration ars q existence, construction or development of Common Properties or Mon Properties may hereafter include any neighborhood parks or othé § conveyed to or leased by the Association for the use and benefit of the Additional property may/b the » mmon Properties hereunder upon the sole discretion of Declarant during bu s Declarant owns at least one (1) Lot. Thereafter.

additional property may bez ac Cémyion Properties hereunder upon the affirmative vote ¢ Xssociation Members who are voting, in person or by ue purpose.

an ociation sta accept as Common Properties, personal property and/or fee title or other property inte agy improved or unimproved real property included within the property describedy or any other real property made subject to this Declaration in the future.

Upon Declafent-s-written request, the Association shall transfer back to Declarant any unimproved real property originally conveyed to the Association for no payment, to the extent conveyed by

future.

Upon Declafent-s-written request, the Association shall transfer back to Declarant any unimproved real property originally conveyed to the Association for no payment, to the extent conveyed by Declarant in error or needed by Declarant to make minor adjustments in property lines.

22 Section 9.4 Extent of Members’ Easement in the Common Properties.

Each Member shall have a right and easement of access, use and enjoyment in and to the Common Properties which is subject to the following: 9.4.1 The right of the Association to prescribe regulations governing the use, operation and maintenance of the Common Properties; 9.4.2 The right of the Association to take such steps as is reasonak protect the Common Properties against foreclosure; 9.4.3 The right of the Association to suspend the right of a any of the Common Properties and/or common facilities !

9.4.4 The right of the Association to charge for the use of recreational facilities on th or facilities are ever constructed.

time*to dedicate or transfer all or any grity or utility for such purposes and all be so expressed in any such deed or other conveyance, ayd agree to pay to the Association er to a mortgage company or individuahOwnets for’violations of the Declaration, Design Guidelines or the Community-Wide Standard or texeitburse the Association for extra costs for maintenance and repairs caused by the willful or negligent acts of the individual Owner, his tenant(s) occupying his Lot, if applicable, and their respective family, agents, guests and invitees, or for costs incurred by the Association resulting from any Owner failing to comply with the terms and provisions hereof. Assessments and the payment of same are not contingent upon the construction of, placement of, or existence of

ociation resulting from any Owner failing to comply with the terms and provisions hereof. Assessments and the payment of same are not contingent upon the construction of, placement of, or existence of any common area or amenity. All such assessments shall be fixed, established and collected as hereinafter provided.

23 The annual, acquisition, benefitted, special capital, and individual special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon each Lot against which each such assessment is made. Each such assessment, together with late charges, collection costs, such interest thereon and cost of collection thereof, including attorneys’ fees, as hereinafter provided, shall also be the continuing personal obligation of the person who was the Owner of such property at the time when the assessment fell due.

Fines, not to exceed $750.00 per violation occurrence, shall be asses¥e expiration of a reasonable time after the date notice of such violation was sen Owner. Inall instances of violations, the Owner shall be responsible for corrg within a reasonable time after the date of such notice, regardless gs to wh€ occupied by the Owner oratenant. The lien provided for herein Ore ie timely paid and the Owner shall also have personal liability for the’p Section 10.2 Purpose of Assessments.

SO! the entry ways or any other prising or directly relating to the @t limited, to the payment of taxes ties, and the repair, replacement and efit (including the expense of leasing any mement and supervision of, the Common f tofthy use and enjoyment of the Common Propertiés, axiaiuum annual assessment for each Lot for the year 2015 shall be Six Hundred

ing the expense of leasing any mement and supervision of, the Common f tofthy use and enjoyment of the Common Propertiés, axiaiuum annual assessment for each Lot for the year 2015 shall be Six Hundred Fifty and No/100 Dollars ($650.00). Commencing with the year 2016 and each year thereafter, the Board of Directors may set the amount of the maximum annual assessment for that year (and for following years) for each Lot provided that the maximum annual assessment may not be increased more than twenty-five percent (25%) above the maximum annual assessment for the previous year without a vote of the membership taken in accordance with the provisions of Section 10.3.2.

24 10.3.2 Commencing with the year 2016, and in each year thereafter, the Board of Directors may set the maximum annual assessment for the following year for each Lot at an amount more than twenty-five percent (25%) above the maximum annual assessment for the previous year; provided that any such increased assessment shall be approved by the affirmative vote of sixty percent (60%) of the votes of those Association Members who are voting, in person or by proxy, at a meeting duly called for such purpose.

Section 10.4 Acquisition Assessments.

At any time record title is transferred to any Owner (excluding the De an acquisition assessment shall be paid to the Association by such of Three Hundred Fifty And No/100 Dollars ($350.00) for % assessments shall be in addition to, not in lieu of, any other asSesé Acquisition assessments are not refundable and shall be available for a the Association as determined by the Board. In addition to thg Lot to a new Owner notwithstanding, the max that may be charged for each resale shall be gh assessment shall be approved by the affirmative

e Association as determined by the Board. In addition to thg Lot to a new Owner notwithstanding, the max that may be charged for each resale shall be gh assessment shall be approved by the affirmative of those Association Members who are voting, in a an}Owner fails to comply with the provisions of this Declaration, the © Community-Wide Standard and/or the Association incurs any cost or and the Lot Ofas Owner a special individual assessment in the amount of all such costs incurred by the Association plus interest and/or in the amount of any violation fine(s) levied by the Board.

Special individual assessment, interest and fines to be paid by the applicable Owner upon demand by the Association.

25 Section 10.7 Uniform Rate of Assessments.

Both annual and special assessments (excepting there from special individual assessments) shall be fixed at a uniform rate for all Lots.

Section 10.8 Date of Commencement and Due Dates of Assessments.

The obligation to pay assessments commences as to each Lot: (a) upopagquisition of record title to a Lot by the first Owner thereof other than Declarant; or (b) the mdy Board first determines a budget and levies assessments pursuant to this Article, which The initial annual assessment levied on each Lot shall be adjusted according to if the Board so elects, annual assessments may be paid in mo installments. The Board may require advance payment of al assessment at closing of the transfer of title to a Lot. The due date 0 installments, of any special assessment under Section 10.54 resolution authorizing such assessment.

assessments shall be payable in advance on the first (1st) business > ] Section 10.9 Duties of the Board of Dire 10.9.1 The Board of Dirgeto; 2 At of the annual assessment ; annual assessment period and

sessments shall be payable in advance on the first (1st) business > ] Section 10.9 Duties of the Board of Dire 10.9.1 The Board of Dirgeto; 2 At of the annual assessment ; annual assessment period and ssSments applicable thereto, which be open to inspection by any Owner.

shall, at that time, prepare a roste shall be kept in the office of the Ag amount different from that charged for the ght shall thereupon be delivered or mailed to the Association’s then current records) along with € of payment of any assessment therein stated to have been arge may be made by the Board or the Association’s managing ges and Assessments.

essafents, interest, late charges, collection fees and attorneys’ fees, as provided for herein, shall constitute and be secured by a separate and valid and subsisting assessment lien, hereby created and fixed, and which shall exist upon and against each Lot and all improvements and fixtures thereon, for the benefit of the Association. Notwithstanding any other provision hereof, the lien to secure the payment of assessments or any other sums due hereunder and any other lien which the Association may have on any Lot pursuant to this Declaration shall be subordinate to the lien or equivalent security interest of any first lien mortgage or deed of trust on 26 any Lot. Any foreclosure of any such superior lien under the power of sale of any mortgage, deed of trust or other security instrument, or through court proceedings in which the Association has been made a party, shall extinguish the liens securing maintenance charges or assessments or any other sums due hereunder which became due and payable prior to such foreclosure date, but no such foreclosure shall free any Lot from the liens securing assessments thereafter becoming due

ents or any other sums due hereunder which became due and payable prior to such foreclosure date, but no such foreclosure shall free any Lot from the liens securing assessments thereafter becoming due and payable, nor shall the liability of any Member personally obligated to pay maintenance charges or assessments which become due prior to such foreclosure be extinguished by any foreclosure, nor shall the lien for future assessments or charges be affected in any, Section 10.11 Effect of Nonpayment of Assessment.

If any assessment is not paid within thirty (30) days from the due dg shall bear interest at the discretion of the Board at any time, and fr € date until paid at the highest non-usurious rate allowed under ros other applicable law, or if no such limitation imposed then at the rafe 6t annum, and if placed in the hands of an attorney for collection or if c other judicial proceedings, there shall be reimbursed to the Ags fees. Should any assessment provided for herein be payabl in jaSteflimg Association may accelerate the entire assessment and demand im#mfe a e . In addition, a late charge shall be assessed against the non-payjny er far e yongn that any assessment remains unpaid. The late charge shall be ig j ve and No/100 Dollars ($25.00) per month and shall serve to reinakukse gn {or administrative expenses and time involved in collecting and processigig dél 3 is. The Association’s managing agent shall be entitled to charge an O : efi fee in an amount not to exceed fifteen and No/100 Dollars ($15.00) to gompe Sing agent for its efforts in collecting delinquent assessments. ing ay, attd#probably will, have other fees for the collection and processing of delingafé Mas but, not limited to $10.00 Demand Letter

Sing agent for its efforts in collecting delinquent assessments. ing ay, attd#probably will, have other fees for the collection and processing of delingafé Mas but, not limited to $10.00 Demand Letter Processing Fee, which shall be gharg delisquent Owner’s account. The Association, in the Board’s discretion, shall have t to Waive any part of or all of such interest and/or fees owed only to the Association ged to the Association for payments returned for non-sufficient funds or fo be charged back to the Owners account togéth’ én as provided herein, reasonable attorneys’ fees, late charges, colke Board‘ef Dite take such action as it deems necessary to collect assessments which may include athe ant’s or Board’s discretion the use of third party collection agencies for the purpose of Cteditefeporting associated with the collection of delinquent accounts, and may settle and compromise the same if deemed appropriate in the exercise of the Board’s business judgment.

Such liens shall be effective as and in the manner provided for herein and shall have the priorities established in this Declaration.

The Board of Directors may bring an action at law against any Owner personally obligated to pay an assessment or foreclose the lien against such Owner’s Lot, or both, and interest, costs and 27 reasonable attorneys’ fees of any such action shall be added to the amount of such assessment.

Each Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Board of Directors of the Association or its agent the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including, but not limited to, nonjudicial

ner personally for the collection of such assessments as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including, but not limited to, nonjudicial foreclosure pursuant to Texas Property Code Section 51.002 in force and effect on the date of this Declaration, or in accordance with the prescribed manner for foreclosure of deed of trust liens provided by any future amendment to such Section 51.002 or any other statute or apttele enacted in substitution therefore, and such Owner hereby expressly grants to the Board of Dix power of sale in connection with said lien. The Board is hereby appointed trustée until the Board of Directors shall designate a substitute or successor trustegsas ‘kereiMefter provided, to post the required notices as provided by law and conduct such for asale é lien provided for in this Section shall be in favor of the Associationand shaff hé ame effect as though each Owner had expressly granted to the Association De igh As wep as a security interest in said Lot to secure the payment of the assessmep in. In addition to such notices as required by the aforesaid statute, the trustee ewner of a Lot for which the assessment has not been paid, a copy of the net date any notice of sale is posted, by certified, return receipfrege Zot or such other address as the Board has been advised in writing q der this Declaration.

Notwithstanding the foregoing, any mandato ceClos gnt¥ of Section 209 of the Texas Property Code shall be adhered to by amount of its lien, together with costs and eapply as cash credit against its bid all sums due the Association covered b oJ. All foreclosure sales provided for herein shall be subject to any then existt 2 wt of redemption in favor of the former

eapply as cash credit against its bid all sums due the Association covered b oJ. All foreclosure sales provided for herein shall be subject to any then existt 2 wt of redemption in favor of the former Owner. From and after any such sure ormer Owner or Owners, their heirs and assigns, shall forthwith upon thé Sale surrender and deliver possession of the property so sold to the purchafer'g saje, and in the event of their failure to surrender possession of said propert : burchaser, or his heirs or assigns, shall be entitled to Out any formality other than the designation in writing of a and the authority hereby conferred by the Board of Directors shall Section 10.13 Homestead.

By acceptance of a deed thereto, the Owner and spouse thereof, if married at the time of the conveyance or subsequently married, of a Lot shall be deemed to have waived any exemption from liens created by this Declaration or the enforcement thereof by foreclosure or otherwise, which may other be available by reason of the homestead exemption provisions of Texas law, if for any 28 reason such are applicable. This Section is not intended to limit or restrict in any way the lien or rights granted to the Association by this Declaration, but construed in its favor.

Section 10.14 Omission of Assessments.

The omission of the Board of Directors, before the expiration of any assessment period, to fix the assessments hereunder for that or the next assessment period, shall not be deemed a waiver or modification in any respect of the provisions of this Deéfration, or a release of any Owner from the obligation to pay the assessments, or any insfallméy for that or any subsequent assessment period, but the assessment fixed for the assessment period shall continue until a new assessment is fixed or levied by,th

o pay the assessments, or any insfallméy for that or any subsequent assessment period, but the assessment fixed for the assessment period shall continue until a new assessment is fixed or levied by,th Section 10.15 Maintenance Fund: Working Capital Fund. ° 10.15.1 The Association may, but is not obligate maintenance fund for the periodic maintenance of the Commo i8 b fect to the provisions of Section 10.3 above, the Board may at anyfime patak ease or decrease level as shall be reasonably necessary in Jgmerft o the Béard}to cover obligations of the Association under this Declaration, j p i rgasonable reserves. So gOciation wherein it is determined ient to cover the costs thereof. Ifa . al Séwice for this subdivision, the following shall apply. Each builders 1 additional capitalization fee of $250.00 for the purpose of establishngA1 ritaj efve fund. This fund shall be used for the installation of the pad maintenance and upke te es £xcluding damage resulting in the replacement of a maintenance, improvements, and the Association’s operating fundg pwing property subject to this Declaration shall be exempted from the assessments, charges and liens created herein: 10.16.1 All properties dedicated and accepted by the local public authority and devoted to public use; and 10.16.2 All Common Properties.

29 Section 10.17 Declarant Subsidy.

Declarant may, but shall not be obligated to, pay a subsidy to the Association (in addition to any amounts paid by Declarant under Section 10.18 below) in order to reduce the total annual assessment which would otherwise be necessary to be levied against all Lots to cover the estimated expenses of the Association (including reserve contributions, if any). Any such subsidy shall be disclosed as a line item in the incomg/Bgrtion of the

be levied against all Lots to cover the estimated expenses of the Association (including reserve contributions, if any). Any such subsidy shall be disclosed as a line item in the incomg/Bgrtion of the budget. The subsidy may be treated by the Declarant, in its sole discretion the Declarant to the Association or as an advance against future assessment contribution. During the period of Declarant control, Declarant may, at i budget prior to seeking deficit funding from the Declarant.

delinquencies shall be promptly and diligently pursued ina Section 10.18 Declarant’s Assessment.

Bylaws to the contrary, so long as there is Class B pe ig ssodiation, the Declarant as described in Exhibit B attached hereto shall not/Ag of Assessments on any Lot it owns. The Declarant shall however, a) 4 Association during the Declarant Control Period providing all ayajl2 hding the application of all income received by the Association from Asses and (b) the sum of the revenues of the Association from all sources has at. If any provision of this Section g@ to the Association, the Declarant may All sources” includes, but is not limited to, property management fees, guesf fek eeb, and the assessments levied against the owners of Lots, other than the Declarant. uci pfenge, herein called the “deficiency”, shall not include any reserve for replace E special assessments fa replacemey depreciation reserves, capital expenditures or special assessment ‘ fe Declarant to the Association to fund the “deficiency” or any sums paid by tf 2 e Association in excess of the annual assessment otherwise due on thg way be considered by the Declarant to be the payment of a subsidy to the\ssociati S to Section 10.17 of this Article. Declarant’s obligations hereunder may

f the annual assessment otherwise due on thg way be considered by the Declarant to be the payment of a subsidy to the\ssociati S to Section 10.17 of this Article. Declarant’s obligations hereunder may assessments on nsold Lots in the same manner as any other Owner.

30 ARTICLE XI GENERAL POWERS OF THE BOARD OF DIRECTORS OF THE ASSOCIATION Section 11.1 Power and Duties.

Except as provided in Article XII below, the Board, for the benefit of the Association, the Property and the Owners shall have the right to do all things which are necessary advisable 1 in connection with enforcing the provisions of this Declaration. Such powers shall hy not be limited to, the following: services for the Properties, if any, the installation and lighting for the Property, if any, and taxes, er properly be assessed or charged against the Common Pro 11.1.2 Performing maintenance on the Co without limitation, the following: (a) maintenance g jogging paths, walkways and sidewalks; trees, shrubs and grass, lighting systemag) facilities on the Common Properties; and¢( any screening walls or fences constcué ed A ing’#ie Common Properties and full maintenance of a utility service for bperties; the furnishing and upkeep of any desired personal property fo fation, in an amount not less than $250,000.00 to indemnify 8 person, $500,000.00 against the claims of two or more persons in afid property damage insurance in an amount not less than $50,000.00 hich policy or policies shall contain an endorsement providing that the amed insured shall not be prejudiced with respect to actions against other d's; provided, that under no circumstances shall the Board be authorized to 11.1.5 Executing all replats of the Property and all declarations of ownership for

ced with respect to actions against other d's; provided, that under no circumstances shall the Board be authorized to 11.1.5 Executing all replats of the Property and all declarations of ownership for tax assessment purposes with regard to the Common Properties on behalf of all Owners.

11.1.6 Borrowing funds to pay costs of operation, secured by assignment or pledge of rights against delinquent Owners, if the Board sees fit.

31 11.1.7 Entering into contracts, maintaining one or more bank accounts, and generally exercising all the powers necessary or incidental to the operation and management of the Association, expressly including the power to enter into management and maintenance contracts. Some contracts entered into by the Declarant or during the period of Declarant control may have extended terms which may not be terminated or renegotiated during the term of the contract.

11.1.8 Protecting or defending the Common Properties from lo¥g suit or otherwise, and to provide adequate reserves for replacements.

repair damage or replace lost property, g replace lost property, assessing the deficiency.

tion, the Design Guidelines, any eunder, and to enjoining and seeking #Visions or rules.

all establish a charter, Mission Statement, or Guidelines by gnd its Members shall conduct themselves. The Board shall have Msseetation may exercise any right or privilege given to it expressly or by reasonable implication by this Declaration, the Bylaws, or the Articles of Incorporation, and may take action reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in such documents or by law, all of the Association’s rights and powers may be exercised by the Board without a vote of the membership.

32

right or privilege. Except as otherwise specifically provided in such documents or by law, all of the Association’s rights and powers may be exercised by the Board without a vote of the membership.

32 The Board may institute, defend, settle, or intervene on the Association’s behalf in mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Common Properties, enforcement of this Declaration, or any other civil claim or action. However, the Board shall exercise business judgment in determining whether to take any such action under particular circumstance and shall have no legal duty to institute litigation under any circumstances on behalf of or in the name of the Association or the Members.

Section 11.2 Board Power, Exclusive.

The Board shall have the exclusive right to contract for all goods, service payment for which is to be made from the maintenance fund, and the exclusive to perform the functions of the Board, except as otherwise ee Section 11.3 Owner’s Obligations to Repair.

thereon, keeping the same in aad condition and rg shall fail to maintain and repair his Lot and Association, in addition to all other remedie¢ waiving any of said alternative remedies, sha : stance of a deed for his Lot) hereby covenants and agrees to repay to the Assdtiali thereof immediately upon demand, and : arry with it the same consequences as the failure to pay any assessments hefeugflemwh all exterior portions of the resid nc& and a SU aintenance to an Owner’s Lot shall include 4 asfchildren’s play sets, fences, retaining walls, garage the Association, shall have full power and authority to contract 2 efmance by or for the Association of services pursuant to the terms

nclude 4 asfchildren’s play sets, fences, retaining walls, garage the Association, shall have full power and authority to contract 2 efmance by or for the Association of services pursuant to the terms herof (i i ut not limited to, the maintenance and repair of fences owned by any such Owne acts‘to be upon such terms and conditions and for such consideration as the Board may deeffl proger, advisable and to the best interest of the Association; provided, however, that same mtst.beCommercially reasonable in all circumstances.

Section 11.5 Liability of the Board of Directors.

The Association shall indemnify every officer, director, and committee member against all damages and expenses, including attorneys’ fees, reasonably incurred in connection with any 33 action, suit, or other proceeding (including settlement of any suit or proceeding if approved by the Board of Directors at the time of such settlement) to which he or she may be a party by reason of being or having been an officer, director, or committee member.

OFFICERS, DIRECTORS, AND COMMITTEE MEMBERS SHALL NOT BE LIABLE FOR ANY MISTAKE OF JUDGMENT, NEGLIGENCE OR OTHERWISE, EXCEPT FOR THEIR OWN INDIVIDUAL WILLFUL MISFEASANCE, MALFEASANCE, MISCONDUCT, OR BAD FAITH. The Association’s%officers and directors shall have no personal liability with respect to any contract or otifer cOwgmitment made or action taken in good faith on behalf of the Association. The Assd indemnify and forever hold each such officer, director, and committee mem from any and all liability to others on account of any such contract, coms This right to indemnification shall not be exclusive of any ee or former officer, director, or committee member may be e as an Association expense, maintain adequate general liabili

uch contract, coms This right to indemnification shall not be exclusive of any ee or former officer, director, or committee member may be e as an Association expense, maintain adequate general liabili this Declaration, the Design Guidelineg ay hereunder, the Association shall comk subsections (a) and (b) below.

a Similar violation occurs within six (6) months from the date pension shall not constitute a waiver of the right to sanction future aibeMwners or Residents of Frisco Preston Hills Homeowner’s Association, Inc. or representatives of the Declarant. A representative of the Association shall be afforded a reasonable opportunity to make a statement describing the alleged violation and to present any evidence or witnesses to support its statement. The alleged violator shall also be afforded a reasonable opportunity to be heard and to present any evidence or witnesses on his or her behalf.

At the conclusion of all statements and presentations, the committee may close the hearing and retire to discuss the evidence and to render a judgment as to whether, in fact, a violation has 34 occurred. The committee shall notify the Association and the alleged violator in writing of its determination within ten (10) days after the hearing. Ifthe committee determines that a violation has occurred, the Association may pursue any and all remedies described in its original notice of the violation. The alleged violator shall have the opportunity to appeal the decision of the committee to the Board in accordance with Section 209.007 of the Texas Residential Property Owners Act, Texas Property Code, as it may be amended.

(c) Applicability. The notice and hearing procedures set forth in this apply to any claim: (i) upon which the Board deems it necessary to obtain emerd«

Act, Texas Property Code, as it may be amended.

(c) Applicability. The notice and hearing procedures set forth in this apply to any claim: (i) upon which the Board deems it necessary to obtain emerd« relief; (ii) pertaining to the collection of assessments; or (iii) where the Associatidy exercise its right of self-help to cure the violation after written notice to t er art an opportunity to cure.

ARTICLE XII AUTHORITY AND CONTROL BY DECL Section 12.1 Declarant Rights.

Notwithstanding anything herein to t KOn ry.‘ yg 4 -clarant owns at least one (1) Lot, Declarant shall have the sole rf £hy bufnoNhSabligatio’ in its sole discretion at any time, effective as of the date herept fo contpd!. perfor m and/or conduct the following: “tion shall not Qwnersthe Declaration, Bylaws, Design a4zd, in whole or in part; (1) amend without consent o Guidelines and the Co (2) enforce the provisig 5 Des ion and Bylaws, adopt or amend Rules and Regulations; review, determine revert to fhe Board ofDirectors of the Association.

In the event any other provision in this Declaration is in contradiction to this Article XII, in whole or in part, this Article XII shall prevail.

35 Section 12.2 Easement to Inspect and Right to Correct.

Declarant reserves for itself and others it may designate the right, but not the obligation, to inspect, monitor, test, redesign, and correct any structure, improvement, or condition which may exist on any portion of the Property, including Lots, and a nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise such right. Except in an emergency, entry onto a Lot shall be only after reasonable notice to the Owner and no entry into a dwelling or other structure on a Lot shall be emi without the Owner’s consenj/Whi

right. Except in an emergency, entry onto a Lot shall be only after reasonable notice to the Owner and no entry into a dwelling or other structure on a Lot shall be emi without the Owner’s consenj/Whi workmanship or materials.

Section 12.3 Right to Develop. © Declarant and its employees, agents, and designees shall have ai an easement over and upon all of the Property for the purpe installing such improvements to the Property, as Declarant dg Section 12.4 Construction Activities.

All Owners, occupants, and yse ZotSareN\hereby placed on notice that Declarant, and/or its agents, co designees, shall conduct developme and that such activities shall be con disruption which impact the usg-ax activities within the Property y¥and may cause disturbance and upon, or allow their children or other persons under their control or direction to enter upon (regardless of whether such entry is a trespass or otherwise) any property within or in proximity to the Lot where such activities are being conducted (even if not being actively conducted at the time of entry, such as at night or otherwise during non-working hours); (c) that Declarant and all of its agents, contractors, subcontractors, licensees, and other designees, shall not be liable but, rather, shall be 36 held harmless for any and all losses, damages (compensatory, consequential, punitive, or otherwise), injuries, or deaths arising from or relating to the aforesaid activities; (d) that any purchase or use of any portion of a Lot has been and will be made with full knowledge of the foregoing; and (e) this acknowledgment and agreement is a material inducement to Declarant to sell, convey, lease, and/or allow the use of Lots within the Property.

Section 12.5 Changes in Master Plan.

oregoing; and (e) this acknowledgment and agreement is a material inducement to Declarant to sell, convey, lease, and/or allow the use of Lots within the Property.

Section 12.5 Changes in Master Plan.

Each Owner acknowledges that Frisco Preston Hills Homeowner’s assOoral Q planned community, the development of which is likely to extend over many ye; the Association shall not engage in, or use Association funds to support any, other form of objection to (a) changes in uses or density of pro changes in the master plan of Frisco Preston Hills Homeowne without limitation, the enlargement of the master plan and the acquisi approvals to reflect the annexation of real property, without Decla Each Owner acknowledges and agrees tha q mes for the Property’s development may change and that it has not reljéd epre artic arranty, or assurance by eliminated within the Property; or (b) ag e findhci ker impact of such action on any Owner. Each Owner acknowledges a : i i E piteadiees whatsoever as to: (a) the design, construction, completion, develdprae Syef"s, or value of the Property; or (b) the built in any part of the Property.

Section 12.6 Dispute R Priest the Association or any Member commencing any aparty, including but not limited to an alleged defect of any ayo“the right to be heard by the Members, or the particular pect, correct the condition of, or redesign any portion of any é e Association, its officers, directors and committee members; all persons subject to ‘tk Jération; any Builder, its officers, directors, employees and agents; and any person not otherwise subject to this Declaration who agrees to submit to this Section 12.6 (each such entity being referred to as a “Bound Party”) agree to encourage the amicable resolution of

and any person not otherwise subject to this Declaration who agrees to submit to this Section 12.6 (each such entity being referred to as a “Bound Party”) agree to encourage the amicable resolution of disputes, without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to submit those claims, grievances or disputes described in Section 12.6 (c) (collectively, the “Claims’) to the mandatory procedures set forth in Section 12.6 (d).

37 (c) Claims. Those Claims between any of the Bound Parties, regardless of how the same might have arisen, relating to the quality of design or construction of improvements within the Property including the Common Properties or based upon any statements, representations, promises, or warranties made by or on behalf of any Bound Party, shall be subject to the provisions of this Section 12.6.

(d) Mandatory Procedures.

(i) Notice. Any Bound Party having a Claim (“Claimant”) agaist Bound Party (“Respondent”) (the Claimant and Respondent referred to herein being ink “Notice”), stating plainly and concisely: g (a) the nature of the Claim, inclu Respondent’s role in the Claim; the Claim arises; (c) the proposed remedy; ang (d) the fact that Ala faith ways to resolve the fla (ii) gia hanied by a copy of the Notice, the Board may appoint g Pafties in negotiation.

arties ery reasonable effort to meet in person and Keone olving’ the Claim by good faith negotiation. If On of Negotiations”), Claimant shall have two (2) days to aun to mediation under the auspices of the American Arbitration AAA”) in accordance with the AAA’s Commercial or Construction ediation Rules, as appropriate.

If Claimant does not submit the Claim to mediation within such

er the auspices of the American Arbitration AAA”) in accordance with the AAA’s Commercial or Construction ediation Rules, as appropriate.

If Claimant does not submit the Claim to mediation within such jna€, or does not appear for mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant.

38 (d) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. Ifthe Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation, or within such other time as determined by the mediator or agreed to by the Parties, the mediator shall issue a notice of termination of the mediation proceedings (“Termination of Mediation”). The Termination of Mediation Notice shall set forth that the Parties are at an impasse and the date that mediation was terminated.

Each Party shall bear its own costs of the mediation, including attorney: Party shall share equally all charges rendered by the mediator. If the Parties agree te of any Claim through negotiations or mediation in accordance with this Sectiqneg the procedures set forth in this Section. In such event, the P agreement shall be entitled to recover from the non-complyin non-complying Party, from all such Parties pro rata) all costs 1 agreement, including, without limitation, attorneys’ fees and couff cos initiate arbitration proceedings to enforce such agreement, without ss need (iii) Binding Arbitration.

wfg jurisdiction over such Claim. If the tg, dispute shall be heard and determined by

d couff cos initiate arbitration proceedings to enforce such agreement, without ss need (iii) Binding Arbitration.

wfg jurisdiction over such Claim. If the tg, dispute shall be heard and determined by 3 administrative fees or arbitration. Notwithstanding the successfully contests the validity or scope of arbitration in a 8, non-contesting Party shall be awarded reasonable attorneys’ fees curred in defending such contest. All decisions respecting the aetten findings of fact and conclusions of law. Except as may be required by law or for confirmation of an award, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties.

39 ARTICLE Xi OBLIGATIONS OF BOARD OF DIRECTORS Section 13.1 Obligations of Board of Directors.

Notwithstanding anything herein to the contrary, and so long as Declarant is acting on behalf of the Board of Directors as further described in Section 13.2 below, the sole responsibility and obligation of the Board of Directors shall be to maintain the corporatigf\gooks of the Association and maintain the Association in good corporate standing with Secre the State of Texas and in good standing with the Office of the Comptroller of PublisA the State of Texas.

Section 13.2 Liability for Association Operations.

The Association shall, to the fullest extent permitted by laW, #AdSannify, ‘Lod and hold harmless Declarant (including its successors, assigns, and agents) from af against Any and all without fimitation, veasonsble —— fees and costs at all ff is instituted, including those incurred in establish held harmless pursuant hereto), which relate je aris CONSIDERED INSURERS OR GUARANTORS OF IN THE PROPERTY, NOR SHALL THEY BE HELD

d costs at all ff is instituted, including those incurred in establish held harmless pursuant hereto), which relate je aris CONSIDERED INSURERS OR GUARANTORS OF IN THE PROPERTY, NOR SHALL THEY BE HELD DAMAGE BY REASON OF FAILURE TO PROVIDE OR INEFFECTIVENESS OF SECURITY MEASURES TATION OR WARRANTY IS MADE THAT ANY SYSTEMS OR DING FIRE PROTECTION, BURGLAR ALARM, OR OTHER SECURITY“M@ONITORING SYSTEMS, OR ANY MECHANISM OR SYSTEM FOR LIMITING ACCESS TO THE PROPERTY, CANNOT BE COMPROMISED OR CIRCUMVENTED, NOR THAT ANY SUCH SYSTEMS OR MEASURES UNDERTAKEN WILL IN ALL CASES PREVENT LOSS OR PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER ACKNOWLEDGES, UNDERSTANDS, AND SHALL BE RESPONSIBLE FOR INFORMING ITS TENANTS AND ALL OCCUPANTS OF ITS 40 LOT THAT THE ASSOCIATION, THE BOARD AND ITS COMMITTEES, AND DECLARANT ARE NOT INSURERS OR GUARANTORS OF SECURITY OR SAFETY AND THAT EACH PERSON WITHIN THE PROPERTY ASSUMES ALL RISKS OF PERSONAL INJURY AND LOSS OR DAMAGE TO PROPERTY, INCLUDING LOTS AND THE CONTENTS OF LOTS, RESULTING FROM ACTS OF THIRD PARTIES.

ARTICLE XIV EXPANSION OF THE PROPERTY Section 14.1 Expansion of the Property.

Declarant, in its sole discretion and without the approval of any other pé to time subject this Declaration to additional real property by regording Records of the County, a Supplemental Declaration describing > iti subjected to this Declaration. Any such Supplemental Decla¥atié Declarant and the owner of such additional property, if other than Ded Real Property Records of the County shall not require the consg¢: af any other party, may from time ereafter a part of this Declaration, to wt limitation, covenants obligating the ang authorizing the Association to recover its

he County shall not require the consg¢: af any other party, may from time ereafter a part of this Declaration, to wt limitation, covenants obligating the ang authorizing the Association to recover its ig Declaration as it applies to the Property, whether now or » order to reflect the different character and intended use of in Oxder to be fully enforceable and effective to cause such additional s to be incorporated herein.

ection T4.3 AAffect of Recording Supplemental Declaration.

A Supplemental Declaration shall be effective upon the recording of same in the Real Property Records of the County unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration.

41 ARTICLE XV GENERAL PROVISIONS Section 15.1 Mortgages.

It is expressly provided that the breach of any of the conditions contained herein shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed pfqust, but said conditions shall be binding thereto as to Lots acquired by foreclosure, trustee’s 3 as to any breach occurring after such acquisition of title.

Section 15.2 Term.

This Declaration shall be enforceable by Declarant, the ay and their respective legal representatives, heirs, successors, and assfgpS after which time this Declaration shall extend automatically for success at least sixty-seven percent (67%) of the then Owners have preceding the end of the initial term or any extension, a Declaration and such instrument is recorded in th

extend automatically for success at least sixty-seven percent (67%) of the then Owners have preceding the end of the initial term or any extension, a Declaration and such instrument is recorded in th the end of the term.

Section 15.3 Severability.

If any provision herein containeg ey judgment or order of a court of e¢t any other provision hereof, each of which is a part of the Property. This Declaration, when ard in the Real Property Records of the County, so that each and @ny portion of the Property is on notice of the covenants, conditions, and other provisions herein contained.

Any notices or correspondence to an Owner shall be addressed to the street address of the Lot or to such other address as is specified by any such Owner in writing to the Association. The burden shall be on the Owner to prove that such written notification was duly given and delivered to the Association as provided below. Any notices or correspondence to the Association shall be addressed to the registered office of the Association as shown by the records of the Secretary of 42 State for the State of Texas or to such other address as is specified by the Association in writing to the Owners.

Except as this Declaration or the Bylaws otherwise provide, all notices, demands, bills, statements, or other communications under this Declaration or the Bylaws shall be in writing and shall be deemed to have been duly given if delivered personally or by private carrier; if sent by United States mail; or, if the intended recipient has given its prior written authorization to use such method of delivery, by facsimile or electronic mail with written confirmation of tyéfigmi and effective: (i) sent by United States mail, when deposited with theJ.S.

addressed, with first class postage prepaid;

delivery, by facsimile or electronic mail with written confirmation of tyéfigmi and effective: (i) sent by United States mail, when deposited with theJ.S.

addressed, with first class postage prepaid; (ii) if delivered personally or by private carrier, when actuah of the intended recipient, as evidenced by the signature of the pe such delivery; or (iii) if sent by facsimile or electronic pig confirmation.

d to the Property, or any part thereof, under the terms of any deed of trust lien upo e Pre hether voluntary or involuntary, by the Associdtion o&{he‘yam’sand adtiress of the new Owner and shall be responsible for any cost, charge or expe gccount of such Owner which may have otherwise been avoided if No Liability for Trespass.

Whenever the Association, the Board of Directors or Declarant exercises any right hereunder and in connection therewith enters upon any Lot, such parties shall not be liable for trespass upon such Lot.

43 Section 15.9 Lien Priority.

Notwithstanding any other provision of the Declaration, the lien to secure the payment of assessments and any other lien which the Association may have on any Lot pursuant to the Declaration for (a) assessments or other charges becoming payable on or after the date of recordation of the first mortgage or deed of trust on any Lot, or (b) any fees, late charges, fines or interest that may be levied by the Association in connection with unpaid assessments, shall be subordinate to the lien or equivalent security interest of any legitimate thirds?

mortgage or deed of trust on any Lot, ifany. Any foreclosure of any such superte power of sale of any mortgage, deed of trust or other security instrument, or % proceedings in which the Association has been made a party, shall extinguish theJi acing

foreclosure of any such superte power of sale of any mortgage, deed of trust or other security instrument, or % proceedings in which the Association has been made a party, shall extinguish theJi acing due and payable, nor shall the liability of any Owner personall charges or assessments which become due prior to such forecl foreclosure, nor shall the lien for future assessments or changes be aff 1 such maintenance charges or assessments which are extn) puKgua e foregoing provision shall be reallocated and assessed to all Lots as a cq ct Expgiases om $ operties.

ain Common recreational facilities yding lots and homes, within the ef their families, tenants and other h persons. EACH OWNER, BY ORTIONOF RAE PROPERTY MADE SUBJECT TO THIS DECLARATION, ACKNOWLEDGES KHAKTHE USE AND ENJOYMENT OF ANY PROPERTIES INVOLVES RISK‘OF PERSONAL INJURY OR DAMAGE TO PROPERTY.

but no such foreclosure shall free any Lot from the liens securing a Cori OSW Section 15.10 Use of Recreational stairs hO thé % eystands, and covenants to inform his or her family members, and tenanjep scupants of Owner’s property that Declarant, the Association, the Board gfid‘any &Somny Builders constructing homes and other improvements within Frisco Preste s FB ‘Association, Inc. are not insurers of personal safety. EACH PERSON U, AN YS RECREATIONAL FACILITIES, IF APPLICABLE, OR ANY O IR PORTION \G FF NPHE COMMON PROPERTIES ASSUMES ALL RISKS OF PERSONAL INJORY,|DEATH, AND LOSS OR DAMAGE TO PROPERTY, RESULTING FROMTHE, USE/AND ENJOYMENT OF ANY RECREATIONAL FACILITY OR OTHER PORTION OF~THE COMMON PROPERTIES. Each Owner agrees that Declarant, the Association, the-Board and committees, and builders within the community shall not be liable to

Y RECREATIONAL FACILITY OR OTHER PORTION OF~THE COMMON PROPERTIES. Each Owner agrees that Declarant, the Association, the-Board and committees, and builders within the community shall not be liable to any person claiming any loss or damage, including, without limitation, indirect, special or consequential loss or damage arising from personal injury or death, destruction of property, trespass, loss of enjoyment, or any other wrong or entitlement to remedy based upon, due to, arising from, or otherwise relating to the use of any recreational facility or other portions of the Common Properties, including, without limitation, any claim arising in whole or in part from the negligence of Declarant, the Association, or any Builder within the community. THE 44 FOREGOING RELEASE IS INTENDED TO RELEASE THE SPECIFIED PARTIES FROM LIABILITY FOR THEIR OWN NEGLIGENCE.

EACH OWNER ACKNOWLEDGES AND AGREES THAT THE ABOVE RELEASE FROM LIABILITY IS CONSIDERATION FOR, AND A CONDITION TO, THE USE AND ENJOYMENT OF THE RECREATIONAL FACILITIES AND OTHER COMMON PROPERTIES WITHIN FRISCO PRESTON HILLS HOMEOWNER’S ASSOCIATION INC.AND_ THAT THIS ACKNOWLEDGMENT AND AGREEMENT IS ANMATERIAL INDUCEMENT TO DECLARANT AND BUILDERS TO SELL, CONVEY, LBASPSAND/OR ALLOW THE USE OF LOTS WITHIN FRISCO PRESTON HILLS. ANY VIOLATIQN OF THIS RELEASE AGREEMENT BY AN OWNER, OR ANY OF OWNER’SNFAMILY MEMBERS, TENANTS AND OTHER OCCUPANTS OF OWNER’S/PROPERTY, O% THEIR RESPECTIVE GUESTS SHALL BE GROUNDS FOR THE SUSPENSYONG!

TERMINATION OF ALL OF SUCH PERSONS? USE PRIVILEGBS IN\SUCH FACILIFIES, Section 15.11 Construction of Declaration and All AssociatidOx bunte The provisions of this Declaration and all other dog heNAsséciation shall be | sgarding the meaning, significance or effect of a provision in this Deglas

tion of Declaration and All AssociatidOx bunte The provisions of this Declaration and all other dog heNAsséciation shall be | sgarding the meaning, significance or effect of a provision in this Deglas shall be resolved in favor of the operatiog é ation and/its enforcement of the Declaration.

45 CTMGT Frisco 03, LLC, a Texas limited Hability company, By: Centarntar Terras, LLC, a Texas limited liability company Tes Manager By. CIMGT,LLC, a Texas limited liability company Its Sole Manager and Member s By: Ba At whom Me, Name: Mehrdad M@ayélj Its: Sole Manager an STATE OF TEXAS § § COUNTY OF DALLAS § Ese to i = f x Ff f This instrument was acknowledgal hefote pics Rusby Si Wik, by Mehrdad Moayedi, the Sole Manager gndfy i CIMGE fic. as the Sole } an and Member of Centamtar Terras, LLC, as Khe MigWader oMQT MSH Frisco 113, LLC, a Texas limited liability company on behalf of said company. \G .

DEBBIE LACEY Notary 1D # 123942280 My Goramission Expires August 16, 2017 Exhibit “A” FRISCO PRESTON HILLS HOMEOWNER’S ASSOCIATION, INC.

Property Description 47 All Lots and Blocks of PRESTON HILLS ADDITION, PHASE 1, an Addition to the City of Frisco, Collin County, Texas, according to the map or plat thereof recorded in Volume 2016, Page 519, of the Map Records of Collin 2 « ; APPENDIX "B" TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FRISCO PRESTON HILLS DECLARANT REPRESENTATIONS & RESERVATION B.1l. GENERAL PROVISIONS.

B.1.1. Introduction. Declarant intends the Declaration to be p a provisions pertaining to the initial development, construction, i Da Property will become obsolete when Declarant's role is complete. AS the Declaration, who may be frustrated by then-obsolete terms, D Declarant-related provisions in this Appendix.

, construction, i Da Property will become obsolete when Declarant's role is complete. AS the Declaration, who may be frustrated by then-obsolete terms, D Declarant-related provisions in this Appendix.

B.1.2. General Reservation & Construction.

Documents to the contrary, nothing contained In case of conflict between this Appendi pad my other B ent, this Appendix controls. This Appendix may not be amended without thea i ofisent of Declarant. To the extent any proposed amendment is for the p i Association's Agreements pertaiy facilities, structures, improveme the fesponsi liyy of the A i B.1.3. Purpege oNQeVelopment and Declarant Control Periods. This Appendix gives Declarant certgag rights dtxing the Devel@pment Period and the Declarant Control Period to ensure a interests in flre-AssOciation or through the creation of any contractual agreements which the Association may not terminate without cause with ninety days' notice.

B.1.4. Definitions. As used in this Appendix and elsewhere in the Documents, the following words and phrases, when capitalized, have the following specified meanings: 48 a. "Builder" means a person or entity which purchases, or contracts to purchase, a Lot from Declarant or from a Builder for the purpose of constructing a Residence for resale or under contract to an Owner other than Declarant. As used in this Declaration, Builder does not refer to Declarant or to any home building or home marketing company that is an affiliate of Declarant.

b. "Declarant Control Period" means that period of time during which Declarant controls the operation of this Association. The duration of the Declarant Control Period will bg from the date this Declaration is recorded for a maximum period as may be stipulated in the De@aralign or in the

the operation of this Association. The duration of the Declarant Control Period will bg from the date this Declaration is recorded for a maximum period as may be stipulated in the De@aralign or in the absence of such stipulation, a period not to exceed the earlier of: (1) fifty (50) years from date this Declaration is recorded.

(2) the date title to the Lots and all other portions of the Prope other than Builders or Declarant.

B.1.5. Builders. Declarant, through its affiliates, intends to conste on the Lots in connection with the sale of the Lots. HoweverDeelg some or all of the Lots to one or more Builders to etpre the occupied.

B.2. DECLARANT CONTROL PERIQD R following powers, rights, and duties durf 9 30) votes for each Lot owned by Declarant on any issue before the ination of the Declarant Control Period and thereafter, the vote appurtenant to Declarant's Lots is weighted uniformly with all other votes.

B.2.3. Budget Funding. During the Declarant Control Period only budget funding shall be as set forth in the Declaration. At the Declarant's sole discretion, funds provided for the purpose of offsetting a deficit may be treated asa loan. On termination of the Declarant Control Period, Declarant will cease being responsible for the difference between the Association's operating 49 expenses and the Assessments received from Owners other than Declarant. Declarant is not responsible for funding the Reserve Fund and may, at its sole discretion, require the Association to use Reserve Funds when available to pay operating expenses prior to the Declarant funding any deficit.

B.2.4. Declarant Assessments. During the Declarant Control Period, any real property owned by Declarant is not subject to Assessments by the Association.

es prior to the Declarant funding any deficit.

B.2.4. Declarant Assessments. During the Declarant Control Period, any real property owned by Declarant is not subject to Assessments by the Association.

B.2.5. Builder Obligations. During the Declarant Control Period only, Declaran manager, provided the agreement is in writing. Absent such an exemption, f a Lot is liable for all Assessments and other fees charged by the any Owner.

B.2.6. Commencement of Assessments. During the initial d Declarant may elect to postpone the Association's initial le certain number of Lots are sold. During the Dec B.2.7. Expenses of Declarant. Expense Declarant Wilicaw$fer control over all utilities related to the Common Areas owned by the Association and Declarant will provide information to the Association, if not already done so, relating to the total costs to date related to the operation and maintenance of the Common Areas and Areas of Common Responsibility.

50 B.3. DEVELOPMENT PERIOD RESERVATIONS. Declarant reserves the following easements and rights, exercisable at Declarant's sole discretion, at any time during the Development Period: B.3.1. Changes in Development Plan. Declarant may modify the initial development plan to respond to perceived or actual changes and opportunities in the marketplace. Subject to approval by (1) a governmental entity, if applicable, and (2) the Owner of the land og Lots to which the change would directly apply (if other than Declarant), Declarant may (a) chafige fit dimensions, and configurations of Lots and Streets; (b) change the minimum Resid?

change the building setback requirements; and (d) eliminate or modify any othe THE REAL PROPERTY OF THE COMMON AREAS INTO ADDN COMMON AREAS NOTWITHSTANDING ANY SUCH CHA®

(b) change the minimum Resid?

change the building setback requirements; and (d) eliminate or modify any othe THE REAL PROPERTY OF THE COMMON AREAS INTO ADDN COMMON AREAS NOTWITHSTANDING ANY SUCH CHA® and sale of Lots, including without limitapit deeds, Lot sales, and Lot closings. Wit use a sales office or model in the Propert the Property.

B.3.3. Architectural Control.

related imprdvenr€nts on vacant Lots.

B.3.4. Amendment. During the Development Period, Declarant may amend this Declaration and the other Documents to include Bylaws, without consent of the Board, other Owners or mortgagee, or Members for any purpose, including without limitation the following purposes: 51 c. To create Lots, easements, and Common Areas within the Property.

d. To modify the designation of the Area of Common Responsibility.

e. To subdivide, combine, or reconfigure Lots.

f. To convert Lots into Common Areas and Common Areas back to Lots.

g. To modify the construction and use restrictions of this Declaration.

h. To merge the Association with another property owners association.

i. To comply with the requirements of an underwriting lender.

j. To resolve conflicts, clarify ambiguities, and to correct mie in the Documents.

k. To enable any reputable title insurance company to isspe Lots.

1. To enable an institutional or governmenéé the Lots.

m.

Nn.

oO.

p.

of Ce détermih manageme parking axeas, temfipoyaty buildings, temporary fencing, portable toilets, storage areas, dumpsters, trailers, and ercial vehicles of every type.

B.3.6. Easement to Inspect & Right to Correct. During the Development Period, Declarant reserves for itself the right, but not the duty, to inspect, monitor, test, redesign, correct, and

f every type.

B.3.6. Easement to Inspect & Right to Correct. During the Development Period, Declarant reserves for itself the right, but not the duty, to inspect, monitor, test, redesign, correct, and relocate any structure, improvement or condition that may exist on any portion of the Property, including the Lots, and a perpetual nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise this right. Declarant will promptly repair, at its sole 52 expense, any damage resulting from the exercise of this right. By way of illustration but not limitation, relocation of a screening wall located on a Lot may be warranted by a change of circumstance, imprecise siting of the original wall, or desire to comply more fully with public codes and ordinances. This Section may not be construed to create a duty for Declarant or the Association.

easement Ox. decorative B.3.7. Promotion. During the Development Period, Declarant reserves for itself g and right to place or install signs, banners, flags, display lighting, potted plants, ex Lots, developments, or other products located outside the Propert easement and right to maintain, relocate, replace, or remove the s Property. Declarant also reserves the right to sponsor marketing ev MLS tours, and broker's parties — at the Property to promote the,se in this Declaration.

B.3.8. Offices. During the Developme Residences owned or leased by Declara management, maintenance, customer se Declarant's developments or other prod reserves for itself the easement and pee provide a reasonable means of access for the home buying public future gate that restricts vehicular access to the Property in connection with not be construed as an obligation or intent to gate the Property.

a reasonable means of access for the home buying public future gate that restricts vehicular access to the Property in connection with not be construed as an obligation or intent to gate the Property.

B.3.10. Utility Easements. During the Development Period, Declarant may grant permits, licenses, and easements over, in, on, under, and through the Property for utilities, roads, and other purposes necessary for the proper development and operation of the Property. Declarant reserves the right to make changes in and additions to the easements on any Lot, as shown on the Plat, to 53 more efficiently or economically install utilities or other improvements. Utilities may include, but are not limited to, water, sewer, trash removal, electricity, gas, telephone, television, cable, internet service, and security. To exercise this right as to land that is not a Common Area or not owned by Declarant, Declarant must have the prior written consent of the Owner.

B.3.11.Assessments. For the duration of the Development Period, any Lot owned by Declarant is not subject to mandatory assessment by the Association until the date Declarant tray Owner other than Declarant. If Declarant owns a Lot on the expiration or termifa Development Period, from that day forward Declarant is liable for Assessments on ¥e owned by Declarant in the same manner as any Owner.

B.3.12.Land Transfers. During the Development Period, any transfer of Property to or from Declarant is not subject to any transfer-related i including without limitation on an obligation for transfer or Resale transfer-related provisions of this Declaration. The application 0 limitation Declarant's Lot take-downs, Declarant's sale of Lots Lots to homebuyers.

B.4. COMMON AREAS. Declarant will and all facilities, structures, improvements,

this Declaration. The application 0 limitation Declarant's Lot take-downs, Declarant's sale of Lots Lots to homebuyers.

B.4. COMMON AREAS. Declarant will and all facilities, structures, improvements, Areas owned by gout warranty. Any initial the closing of THE sale of the Lot to any Owner other than Declarant, a Successor Declarant, Declarant-affiliate or a Builder.

b. Subject to the foregoing Builder provision, a Lot's contribution should be collected from the Owner at closing upon sale of Lot from Builder to Owner; Declarant acknowledges that this condition may create an inequity among the Owners, but deems it a necessary response to the diversification of marketing and closing Lot sales.

54 d. Contributions to the fund are not advance payments of Regular Assessments or Special Assessments and are not refundable to the contributor by the Association or by Declarant.

This may not be construed to prevent a selling Owner from negotiating reimbursement of the contribution from a purchaser.

S Declarant will transfer the balance of the working capital fund to the budget.

B.6. SUCCESSOR DECLARANT. Declarant may sesignte Pty jéns the right to annex any real property in the vicinity of the Property (the Annexation”) into the scheme of this contrary, Declarant and/or such affilig gssors and/or assigns, subject to annexation of same into the real property, shgM"tTae f yas Declarant owns any portion of the Property or ex (a) all or any portion of the Property Subject to other Person, subject to the prior annexation of such Annexed Land into the real property. Any such annexation shall be effective upon the filing of such Supplemental Declaration in the Official Public Records of Collin County, Texas (with consent of Owner(s) of the Annexed Land, if not

ty. Any such annexation shall be effective upon the filing of such Supplemental Declaration in the Official Public Records of Collin County, Texas (with consent of Owner(s) of the Annexed Land, if not Declarant). Declarant shall also have the unilateral right to transfer to any successor Declarant, Declarant's right, privilege and option to annex Annexed Land, provided that such successor Declarant shall be the developer of at least a portion of the Annexed Land and shall be expressly 55 designated by Declarant in writing to be the successor or assignee to all or any part of Declarant's rights hereunder.

B.7.1. Procedure for Annexation. Any such annexation shall be accomplished by the execution by Declarant, and the filing for record by Declarant (or the other Owner of the property being added or annexed, to the extent such other Owner has received a written assignment from Declarant of the right to annex hereunder) of a Supplemental Declaration which myst set out and provide for the following: (ii) | That the Annexed Land is being annexed in accordance wey of this Declaration, and that the Annexed Land being annexed shale and conveyed in accordance with, and subject to, the provisions of thi and thereafter amended; provided, however, that if any Lots orgs are to be treated differently than any of the other Lots (whet other Lots included therein or to the Lots now ste $ (iii) That all of the provisions of this De€Maatidn, as axyénded, shall apply to the Annexed Land being added or annexed with the sa : the express written consent of Declarant (and Declarant's successors and assigns in accordance with the terms hereof).

B.7.3._ No Duty to Annex. Nothing herein contained shall establish any duty or obligation on the

tten consent of Declarant (and Declarant's successors and assigns in accordance with the terms hereof).

B.7.3._ No Duty to Annex. Nothing herein contained shall establish any duty or obligation on the part of the Declarant or any Member to annex any property to this Declaration and no Owner of the 56 property excluded from this Declaration shall have any right to have such property annexed thereto.

B.7.4. Effect of Annexation on Class B Membership. In determining the number of Lots owned by the Declarant for the purpose of Class B Membership status the total number of Lots covered by this Declaration and located in such Declarant's portion of the Property, including all Lots acquired by the Declarant and annexed thereto, shall be considered. If Class B Membership,bas previously lapsed but annexation of additional property restores the ratio of Lots owned by ¢ the number required by Class B Membership, such Class B Membership shall be rei eduntil it expires pursuant to the terms of the Declaration.

{End of Appendix B] te 57 Exhibit “C” FRISCO PRESTON HILLS HOMEOWNER’S ASSOCIATION. _ INC.

Design Guidelines PART ONE: LANDSCAPING, FENCES AND EXTERIOR ELEMENTS SECTION 1.1 LANDSCAPING: Upon completion of each dwelling unit, each dwelling must comply with requirements of any applicable City of Frisco ordinances and Association R: compliance with the foregoing, the following landscape elemenis shal occupancy of the dwelling: QS 1.1.1 Sod: Each dwelling shall have full sod installed for th and a minimum of ten (10) feet back from the fre to the side yard fence, whichever is greater.

1.1.2 Trees: A minimum of two (2) campy tree ami am caliper of three and one-half inches (3-1/2”), measyred/atd ASL g above ground level and

from the fre to the side yard fence, whichever is greater.

1.1.2 Trees: A minimum of two (2) campy tree ami am caliper of three and one-half inches (3-1/2”), measyred/atd ASL g above ground level and 12 feet in height at the time antiztg be required for all Lots 65 feet and greater. At least one (1) gf thé trees shte gd in the front yard on all lots. A minimum of one (1) cane € i af caliper of not less than three and one-half inches (3-1/2”) g ed fer lots up to 55 feet. Per the City of i wtfee may be counted as one (1) tree be . “Each homeowner shall be responsible for maintenance and preg€rvation 86 located on their property and shall promptly replace dead treeg wi ty (30) days when favorable planting weather exists or otherwise within §x flayé of loss occurrence.

Beds: Each Dwelling shall have a minimum of ten (10) one ated in a mulched planting bed; the planting bed shall have erials to Separate the sod and bed mulch areas. The homeowner shall 1.2.1. Major thoroughfares and Corner Lots: All fencing on corner lots and backing up to streets and major thoroughfares will be considered major thoroughfare fencing.

Fencing, which shall be six feet (6’), board to board and pre-stained Spruce or better Fence, with steel posts mounted on the inside so as not to be visible, and wall construction shall comply with the details indicated in Exhibit Attachment 1.2.1.1.

All such fencing facing major thoroughfare shall be stained and preserved as follows: 58 Manufacturer: Seal Rite Color: Medium Brown — or similar color acceptable to ACC 1.2.2 Standard Side and Rear Yard Fences — Interior Lots: For all interior lots, fences 1.2.3 SECTION 1.3. MAIL BOXES: 1.3.] 1.4.3 1.4.4 shall not exceed six feet (6’) max fence height, pre-stained Spruce or better board to

Rear Yard Fences — Interior Lots: For all interior lots, fences 1.2.3 SECTION 1.3. MAIL BOXES: 1.3.] 1.4.3 1.4.4 shall not exceed six feet (6’) max fence height, pre-stained Spruce or better board to board with steel posts mounted on the inside so as not to be visible, and top rail. All fences to have step ups and step downs to adjust for grade. Exhj 1.2.2.1. All portions of the fence that are viewable from the streets with the colors specified above at Section 1.2.1 applicable to the Frisco Preston Hills Homeowne Open Spaces and Parks shall comply with the Citywof Frig iron fencing is a requirement, the fence shall have , be unobstructed by screening or ot Association.

Mail boxes shall be clusté or ACC and shall comply# sr boxes shall be chosen by the Declarant tate and Federal postal requirements.

ed States armed forces. No other types of flags, pennants, imilar types of displays are permitted on a Lot if the display is The flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code.

Any freestanding flagpole, or flagpole attached to a dwelling, shall be constructed of permanent, long-lasting materials. The materials used for the flagpole shall be harmonious with the dwelling, and must have a silver finish with a gold or silver 59 1.4.5 1.4.6 1.4.7 1.4.8 1.4.9 1.4.10 1.4.13 ball at the top. The flagpole must not exceed three (3) inches in diameter.

The display of a flag, or the location and construction of the supporting flagpole, shall comply with applicable zoning ordinances, easements, and setbacks of record.

A displayed flag, and the flagpole on which it is flown, shall be maintained in good condition at all times. Any flag that is deteriorated must be replaced or removed.

sements, and setbacks of record.

A displayed flag, and the flagpole on which it is flown, shall be maintained in good condition at all times. Any flag that is deteriorated must be replaced or removed.

Any flagpole that is structurally unsafe or deteriorated shall be repéfted, replaced, or removed.

Only one flagpole will be allowed per Lot. A flagpole can ej attached to the face of the dwelling (no other structure) g flagpole. A flagpole attached to the dwelling may ¢ freestanding flagpole may not exceed 20 feet in hey? A must be located in either the front yard or backyar Any flag flown or displayed on a freestanding j and no larger than 4'x6'.

Any flag flown or displayed ong than 3'x5'.

Any freestanding flagpolg preferred method is throug swivel snap hooks must - Flag illumination may not shine into another dwelling.

aints regarding flag illumination are a basis to prohibit further All freestanding flagpole installations must receive prior written approval from the Reviewer.

SECTION 1.5 RAIN BARRELS OR RAINWATER HARVESTING SYTEMS 1.5.1 Rain barrels or rain water harvesting systems and related system components (collectively, “Rain Barrels”) may only be installed after receiving the written 60 approval of the Reviewer.

1.5.2 Rain Barrels may not be installed upon or within common area of the Association.

1.5.3 Under no circumstances shall Rain Barrels be installed or located in or on any area within a Lot that is in-between the front of the property owner’s home and an adjoining or adjacent street.

1.5.4 The rain barrel must be of color that is consistent with the colo Sie of the property owner’s home and may not contain or display any langits other content that is not typically displayed on such Rain Barrels as mgneée

st be of color that is consistent with the colo Sie of the property owner’s home and may not contain or display any langits other content that is not typically displayed on such Rain Barrels as mgneée 1.5.5 Rain Barrels may be located in the side-yard or back>yxg q f esidehefal Parcel so long as these may not be seen from a str€et 4 é cog#imon area of the Association..

1.5.6 In the event the installation of Rain Barrels i Owner’s property in compliance with paragy Reviewing Body may impose limi size, number and screening of Rgi xther raquirements regarding the ich ag€ noMproperly Maintained become unsightly or could serve as ges must be removed by the owner from the Lot.

(1) _ threatens the public health or safety; (2) violates a law; (3) contains language, graphics, or any display that is patently offensive to a passerby; (4) is in a location other than the entry door or door frame or extends past the outer edge of the door frame of the owner’s or resident’s dwelling; or 61 (5) individually or in combination with each other religious item displayed or affixed on the entry door or door frame has a total size of greater than 25 square inches 1.6.3 No owner or resident is authorized to use a material or color for an entry door or door frame of the owner’s or resident’s dwelling or make an alteration to the entry door or door frame that is not authorized by the Association, Declaration or otherwise expressly approved by the Architectural Control Co PART TWO: DWELLING UNITS SECTION 2.1 ROOFS AND BANDING 2.1.1 Roof Pitch: Roof Pitch for homes 1800 to 2900 Gp e of 6-in-12 slopes. Roof Pitch for homes over 27996 square feet) and have a weathg used without written approws and Chimney Chases, above roof

G 2.1.1 Roof Pitch: Roof Pitch for homes 1800 to 2900 Gp e of 6-in-12 slopes. Roof Pitch for homes over 27996 square feet) and have a weathg used without written approws and Chimney Chases, above roof structure and roofing mag€rig ' hed with an approved exterior grade material. All Fireplace pre-fabricated metg resemble the shingles used or otherwise authorized for use in the community; (2) be more durable than and are of equal or superior quality to the shingles used or otherwise authorized for use in the community.

(3) match the aesthetics of the property surrounding the property of the owner requesting permission to install the Roofing Shingles.

2.2.3 The owner requesting permission to install the Roofing Shingles will be solely 62 2.2.4 2.2.5 SECTION 2.3 SOLAR PANELS 2.3.1 responsible for accrediting, certifying and demonstrating to the Reviewer that the proposed installation is in full compliance with paragraphs a and b above.

Roofing Shingles shall be installed after receiving the written approval of the Reviewer.

Owners are hereby placed on notice that the installation of Roofing Materials may void or adversely affect other warranties.

(collectively, “Solar Panels”) may only be instal approval of the Architectural Control Committee.

maintained by the Association.

Solar Panels may only be ttalleer 6 on any structure allowed under A or "{ any fenced rear-yard or fenced fn 10 by the Reviewer. ane the home.

If located on the roof of a (1) (2) (3) (4) a aS or shingles of the roof. Piping must be painted to txface to which it is attached, i.e. the soffit and wall. Panels the color of the roof to the greatest extent possible.

deterpfines that the placement of the Solar Panels, as proposed by the property

txface to which it is attached, i.e. the soffit and wall. Panels the color of the roof to the greatest extent possible.

deterpfines that the placement of the Solar Panels, as proposed by the property ewher, will create an interference with the use and enjoyment of land of neighboring owners.

Owners are hereby placed on notice that the installation of Solar Panels may void or adversely affect roof warranties. Any installation of Solar Panels which voids material warranties is not permitted and will be cause for the Solar Panels to be removed by the owner.

63 2.3.8 Solar Panels must be properly maintained at all times or removed by the owner.

2.3.9 Solar Panels which become non-functioning or inoperable must be removed by the owner of the property.

SECTION 2.4 EXTERIOR WALLS 2.4.1 Exterior Wall Materials: Exterior walls shall be a minimum of sevent?

(75%) brick or other masonry and exterior-grade siding materialsae the Architectural Control Committee.

2.4.1.1 Front Walls: All front wall surfaces all siding may be used for hidden or concealed reduce the essential 100% » this provision is at the 5 Frisco.

2.4.1.2 Side Walls: Side and exterior-grade Krement.

‘5.1 Windows shall be constructed of vinyl, divided light on all front windows, divided light on all windows backing siding collectors, parks or open spaces. Reflective glass is prohibited.

64 SECTION 2.6 GARAGE 2.6.1 Garage Doors shall be constructed of wood notwithstanding, rear entry garage doors may be constructed of metal so long as the use of metal garage doors on rear entry residences does not violate any applicable City of Frisco Zoning Ordinance. Garage doors shall be kept in good repair at all times. Doors should remain closed when not in use and no garage may be turned into

ces does not violate any applicable City of Frisco Zoning Ordinance. Garage doors shall be kept in good repair at all times. Doors should remain closed when not in use and no garage may be turned into a living quarters on any temporary or permanent basis.

SECTION 2.7 ADDRESS BLOCKS 2.7.1 All address blocks shall be cast stone.

SECTION 2.8 ELEVATION AND BRICK USAGE 2.8.1 Same Plan with Same Elevation: The repeat of the Sag € same elevation design shall be governed by the following prod 2.8.1.1 Dwelling units using the same floor y ation on the same ft two (2) lots. A one tersection occurs, the side of the street shall be s (1) Lot separation will bg street right-of-way seryes Dwelling units baa: the 2.8.2 Repeat Brick Usage: A coverage for each materia 2.8.2.1 Same Sidefof Stree vination of brick color, mortar color, and sand color oa be reppatdd for adjacent eninge. Street and alley Sty include all exposed areas of the wall surface, excluding window and door openings.

2.8.2.2 Calculation Format: Calculations shall indicate the area coverage for front, side, and rear wall areas. Calculations shall be submitted in the following format: 65 SECTION 2.9 DEVELOPMENT S Brick Calculations Overall | Total Wall Area 0 sf Total Brick Area 0 sf Total Brick Percentage 0% Front | Total Wall Area 0 sf Total Brick Area 0 sf Total Brick Percentage 0% Left | Total Wall Area 0 sf Total Brick Area 0 sf Total Brick Percentage 0% ) ST = om, Qeeo PIS 4% 1 Total Wall Area Total Brick Area Total Brick Percentage ° § Total Wall Area Total Brick Area Total Brick Percentage xe efxty of Frisco. In the event of a discrepancy between the and any City of Frisco Zoning Ordinance, the higher standard .1 - Fencing on corner lots and backing up to major thoroughfare

k Percentage xe efxty of Frisco. In the event of a discrepancy between the and any City of Frisco Zoning Ordinance, the higher standard .1 - Fencing on corner lots and backing up to major thoroughfare .22.1 - Standard Side and Rear Yard Fences 2.3.2 - Greenbelt Area Side and Rear Yard Fences 66 EXHIBIT ATTACHMENT 1.2.1.1 PRIVATE DWELLING —— STAIN AND PRESERVE WOOD EXHIBIT ATTACHMENT 1.2.2.1 DWELLING SIDE a PUBLIC VIEW i E Li EXHIBIT ATTACHMENT 1.2.3.2 Greenbelt Areas, Open Spaces, and Parks Side and Rear Yard Fencing Requirements lron Fence Detail Ay “Paint Black 4 Wrought fron 2" sq tube 72" achment: 1.2.3.2 Exhibit “D” FRISCO PRESTON HILLS HOMEOWNER’S ASSOCIATION, INC.

BYLAWS 67 BYLAWS OF FRISCO PRESTON HILLS HOMEOWNER’S ASSOCIATION, INC.

ARTICLE I INTRODUCTION Texas non-profit corporation, hereinafter referred to as the “Association”. The p of the Association shall be located in Collin County, Texas, but meetings 9 Board of Directors.

The Association is organized to be a nonprofit sorporatio& Notwithstanding anything to the contrary in these are modified by the Declarant’s reservations in that cg Unless the context otherwise spe used in these Bylaws shall have the mean | “Association Restrictions” shall mean the Declaratiotnel Cov fous. Conditions and Restrictions for Frisco Preston Hills as the same may be amended from time to time, together with the Certificate, Bylaws, and Association Rules from time to time in effect.

Section 2.5. Association Rules. “Association Rules” shall mean the rules and regulations adopted by the majority vote of the Board pursuant to the Declaration, as the same may be amended from time to time. Unless specified otherwise in these Bylaws or the Declaration the Board may adopt and amend Rules and Regulations for the Association as they

Declaration, as the same may be amended from time to time. Unless specified otherwise in these Bylaws or the Declaration the Board may adopt and amend Rules and Regulations for the Association as they deem necessary. The adoption or amendment of Rules and Regulations shall be done by Board Resolution and shall not require recording in order to be enforceable upon the Owners and Members of the Association. The Board shall cause a copy of all Rules and Regulations to be posted to any available official Association website and shall provide by U.S. mail a copy to each Owner.

Section 2.6. Board. “Board” shall mean the Board of Directors of the Association.

During the period of Declarant control, Declarant shall have the sole right to appoint and remove Directors of the Board.

Section 2.7. Bylaws. “Bylaws” shall mean the Bylaws of the Associati adopted by the Board and as the same may be amended from time to time.

Section 2.8. Certificate. “Certificate” shall mean the Certificate of Preston Hills Homeowner’s Association, Inc., a Texas non-profit corporatig of the Secretary of State of the State of Texas, as the same may ey Section 2.9. Declarant. “Declarant” shall mean CTMG limited liability company, and its duly authorized representative provided that any assignment of the rights of Declarant must be the mere conveyance of a portion of the Propertyawithout rs or assigns; ¢h in writing and sft of the rights of Declarant hereunder.

Declarant shall not be sufficient to constitute an Section 2.10. Declaration. eclaration of Covenants, Conditions and Restrictions for Frisco P din the Official Public Records of Collin County, Texas, as the same may 6 Section 2.11. Development. evele pall mean and refer to the property subject to the terms and provisions of,the

for Frisco P din the Official Public Records of Collin County, Texas, as the same may 6 Section 2.11. Development. evele pall mean and refer to the property subject to the terms and provisions of,the age. “Mortgage” or “Mortgages” shall mean any mortgage(s) or portion of the Property given to secure the payment of a debt.

lortgagee. “Mortgagee” or “Mortgagees” shall mean the holder or ens upon any portion of the Property.

Section 2.16. Owner. “Owner” or “Owners” shall mean the person(s), entity or entities, including Declarant, holding a fee simple interest in any Lot, but shall not include the Mortgagee of a Mortgage.

Unless otherwise defined in these Bylaws or the context otherwise requires, each term used in these Bylaws with its initial letter capitalized which has been specifically defined in the 2 FRISCO PRESTON HILLS HOMEOWNERS ASSOCIATION INC.

BYLAWS Declaration and not otherwise specifically defined in this Article II shall have the same meaning herein as given to such term in the Declaration.

ARTICLE HI MEETING OF MEMBERS Section 3.1. Annual Meetings. The first annual meeting of the Membé such date as selected by the Board of Directors. The annual Saturday, Sunday, or legal holiday.

Section 3.2. Special Meetings. Special meetings of the time by the President or by a majority vote of the Board of Di the Members who are entitled to vote fifty-one percent Section 3.3. Place of Meetings Development or at a suitable place conve will state the date, time, and place the > of meeting as annual or special, and will Dp Nae otherwise provided in the Certificate, the Declaration, or these quorum is not present, another meeting may be called subject to the percent e votes of all Members. No such subsequent meeting shall be held more

provided in the Certificate, the Declaration, or these quorum is not present, another meeting may be called subject to the percent e votes of all Members. No such subsequent meeting shall be held more than thirty (30),dey¥s following the preceding meeting. If the required quorum is not present or represented at any meeting, the Members entitled to vote at the meeting shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented.

Section 3.7. Proxies. Votes may be cast in person or by written proxy. To be valid, each proxy must: (i) be signed and dated by a Member or his attorney-in-fact; (ii) identify the Lot to which the vote is appurtenant; (iii) name the person or title (such as “presiding officer”) in 3. FRISCO PRESTON HILLS HOMEOWNERS ASSOCIATION INC.

BYLAWS favor of whom the proxy is granted, such person having agreed to exercise the proxy; (iv) identify the meeting for which the proxy is given; (v) not purport to be revocable without notice; and (vi) be delivered to the secretary, to the person presiding over the Association meeting for which the proxy is designated, or to a person or company designated by the Board.

Unless the proxy specifies a shorter or longer time, it terminates eleven (11) months after the date of its execution. Perpetual or self-renewing proxies are permitted, provided they are revocable. To revoke a proxy, the granting Member must give actual notice of revocation to the person presiding over the Association meeting for which the proxy is desig¢fated. Unless revoked, any proxy designated for a meeting which is adjourned, recessed, d Sheduled is valid when the meeting reconvenes. A proxy may be delivered by fax. Ho

or which the proxy is desig¢fated. Unless revoked, any proxy designated for a meeting which is adjourned, recessed, d Sheduled is valid when the meeting reconvenes. A proxy may be delivered by fax. Ho received by fax may not be counted to make or break a tie-vote unless: (a) the (5) days after the vote.

Section 3.8. Conduct of Meetings. The president, or an Board, presides over meetings of the Association. The secreta minutes of the meeting which should record all eno, ag at the meeting, as well as a record of any votes takéx the meeting may appoint a parliamentarian. Veg person presiding over the meeting.

Section 3.9. Order of Business assembly adopts a different agenda at Association is as follows: Determine votes prese g. At any meeting of the Association, a majority at that meeting, either in person or by proxy, may adjourn the meeting to - Action without Meeting. Subject to Board approval, any action which may be taken by a vote of the Members at a meeting of the Association may also be taken without a meeting by written consents. The Board may permit Members to vote by any method allowed by the Texas Business Organization Code, which may include hand delivery, United States Mail, facsimile, e-mail, or any combination of these. Written consents by Members representing at least a majority of votes in the Association, or such higher percentage as may be required by the Documents, constitutes approval by written consent. This Section may not be 4 FRISCO PRESTON HILLS HOMEOWNERS ASSOCIATION INC.

BYLAWS used to avoid the requirement of an annual meeting and does not apply to the election of Directors.

Section 3.12. Telephone Meetings. Members of the Association may participate in and

TION INC.

BYLAWS used to avoid the requirement of an annual meeting and does not apply to the election of Directors.

Section 3.12. Telephone Meetings. Members of the Association may participate in and hold meetings of the Association by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other.

Participation in the meeting constitutes presence in person at the meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction g{any business on the ground that the meeting is not lawfully called or convened.

ARTICLE IV BOARD OF DIRECTORS Section 4.1. Authority; Number of Directors.

Formation. The initial Directors shall serve ungé Except as is provided in the Declaration and in Se have the absolute right to appoint and rer and so long as Declarant owns any Lot gffe (75%) of the Lots have been sold to nof on which the Declaration is recorded.ix ransition Date, the Board of Directors shall aut and one (1) person elected by a majority vote of r’) at such meeting at which quorum is present, Owner (the “Declarant Turnover Date”), the Board shall first determine 5 will continue with three persons or will increase to a maximum of five.

imber of Directors is voted in by a majority vote of the Board, the Board prepared a Resolution memorializing their actions. The President of the Association will then call a meeting of the Members of the Association where the Members will elect one (1) Director for a three (3) year term (the Director obtaining the highest number of votes), and two (2) Directors for a two (2) year term. If five Members are elected the three (3) Members obtaining the highest number of votes shall serve the three year terms and the

ighest number of votes), and two (2) Directors for a two (2) year term. If five Members are elected the three (3) Members obtaining the highest number of votes shall serve the three year terms and the remaining two (2) Directors shall serve the two year terms. Upon expiration of the term of a Director elected by the Members pursuant to this Section 4.1(b), his or her successors shall serve terms as defined above. A Director takes office upon the adjournment of the meeting or 5 FRISCO PRESTON HILLS HOMEOWNERS ASSOCIATION INC.

BYLAWS balloting at which he is elected or appointed and, absent death, ineligibility, resignation, or removal, will hold office until his successor is elected or appointed. The Board of Directors shall have the power and authority when it is deemed in the best interest of the Association to change or alter the terms of office which shall be done by Board resolution notwithstanding, terms must remain staggered for the purpose of continuity. The Organizational meeting may be held following the Annual Meeting or Special Meeting held for the purpose of elections so long as a majority of the Board votes in the affirmative. The Organizational meeting shall consist of Board Members and Management Representation, if applicable. If the Organizatjénal meeting is not held following the election the meeting shall be held within thirty (30) days.

(c) Each Director, other than Directors appointed by Declarant, 4 and resident, or in the case of corporate or partnership ownership of a agent or representative of the corporate or partnership Ouner Ne Owner shall be designated as the Director in all correspondence Of 9 forth the names of the Directors.

Section 4.2. Compensation. The Directors shall sew service.

by a majority DirgCters has expj

r Ne Owner shall be designated as the Director in all correspondence Of 9 forth the names of the Directors.

Section 4.2. Compensation. The Directors shall sew service.

by a majority DirgCters has expj jyeCtor shall have any voting rights nor may such Director participate Board of Directors at any time that such Director is delinquent in the appoint and remove Directors has expired or been terminated, if the office of any elected Director shall become vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, the remaining Directors, at a special meeting duly called for this purpose, shall choose a successor who shall fill the unexpired term of the directorship being vacated. If there is a deadlock in the voting for a successor by the remaining Directors, the one Director with the longest continuous term on the Board shall select the successor. At the 6 FRISCO PRESTON HILLS HOMEOWNERS ASSOCIATION INC.

BYLAWS expiration of the term of his position on the Board of Directors, the successor Director shall be re-elected or his successor shall be elected in accordance with these Bylaws.

Section 4.6. Removal of Directors by Members. Subject to the right of Declarant to nominate and appoint Directors as set forth in Section 4.1 of these Bylaws, an elected Director may be removed, with or without cause, by a majority vote of the Members at any special meeting of the Members of which notice has been properly given as provided in these Bylaws; provided the same notice of this special meeting has also been given to the ¢ Directors, including the individual Director whose removal is to be considered meeting.

control approval, or suspension of a right of a particular Me ee opportunity to attend a meeting of the Board of Directors to pre’

ng the individual Director whose removal is to be considered meeting.

control approval, or suspension of a right of a particular Me ee opportunity to attend a meeting of the Board of Directors to pre’ the issue, may be taken without a meeting if all of the Directors site writing to the action. Such written consent shall be filed in the.

by such written consent shall have the same force and 4 Directors.

by the President of the Associag notice to each Director.

aoritywOf the number of Directors shall constitute a quorum very act or decision done or made by a majority of the i s. Members of the Board or any committee of the icipate in and hold meetings of the Board or committee by means of gr similar communications equipment by means of which all persons eeting can hear each other. Participation in such meeting constitutes presence in ‘pexsefi at the meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.

Section 5.6. Action without a Meeting. Any action required or permitted to be taken by the Board at a meeting may be taken without a meeting, if all Directors individually or collectively consent in writing to such action. The written consent must be filed with the 7 FRISCO PRESTON HILLS HOMEOWNERS ASSOCIATION INC.

BYLAWS minutes of Board meetings. Action by written consent has the same force and effect as a unanimous vote.

ARTICLE VI POWERS AND DUTIES OF THE BOARD Section 6.1. Powers. The Board shall have power and duty to undertake any of the following actions, in addition to those actions to which the Association is authopized to take in accordance with the Declaration:

. Powers. The Board shall have power and duty to undertake any of the following actions, in addition to those actions to which the Association is authopized to take in accordance with the Declaration: (a) adopt and publish the Association Rules, including regulations gover ac use of the Association Property and facilities, and the personal conduct of the Wé ei guests thereon, and to establish penalties for the infraction thereof: (b) to the maximum extent permitted under applicab Association Rules by such Member exists; (c) exercise for the Association all p the Association and not reserved to the my Restrictions; a municipal agency or utility sion of the Property; (d) to enter into any contig company to provide electric utility servigé (h) ue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any Assessment has been paid and to levy a reasonable charge for the issuance of these certificates (it being understood that if a certificate states that an Assessment has been paid, such certificate shall be conclusive evidence of such payment); (i) procure and maintain adequate liability and hazard insurance on property owned by the Association; 8 FRISCO PRESTON HILLS HOMEOWNERS ASSOCIATION INC.

BYLAWS G) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and (k) exercise such other and further powers or duties as provided in the Declaration or by law.

Section 6.2. Duties. It shall be the duty of the Board to: (a) cause to be kept a complete record of all its acts and corporaté aMairs and to present a statement thereof to the Members at the annual meeting of the Membe special meeting when such statement is requested in writing by Members who are entitled‘ cast

and corporaté aMairs and to present a statement thereof to the Members at the annual meeting of the Membe special meeting when such statement is requested in writing by Members who are entitled‘ cast fifty-one percent (51%) of all outstanding votes; and (b) supervise all officers, agents and employees of t their duties are properly performed.

ARTICLE VII OFFICERS AND THEIR DUPM Section 7.1. Enumeration of Offices.

President and a Vice-President, who shall at alJAs following the Annual or Special meeting after the elections.

» The Board may elect such other officers as the each of whom shall hold office for such period, have such the Board may, from time to time, determine.

Section’7.6. Vacancies. A vacancy in any office may be filled through appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.

Section 7.7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 7.4.

9 FRISCO PRESTON HILLS HOMEOWNERS ASSOCIATION INC.

BYLAWS