PGS 74 Page 1 of 74 Fee: $308.00 Submitter: SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records Mary Louise Garcis in Mary Louise Garcia DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS Unofficial copy CK Fort Worth, Texas (Tarrant County) ©2017. Sharon Reuler, P.C. All Rights Reserved.
Declarant D. R. Horton - Texas, Ltd.
1116-6160 for CCR 0-12/15/17 - 2845:07 N Page 2 of 74 10 KEY NOTES ABOUT HOMEBUYING ~ IN GLENWYCK BEFORE BUILD-OUT & SELL-OUT 2 Our common goal a subdivision of completed homes in the hands of owners who control the destiny of their HOA.
1.
2.
3.
4.
5.
6.
7.
8.
Mandatory Membership. From the date this Declaration is recorded, the land described in Appendix will be subject to this Declaration, which establishes a mandatory membership association of property owners, Current and future owners of the land, and any land added to the development, will automatically be members of the Association Location & Name. On the date of this Declaration, Glenwyck is located in the City of Fort Worth, Texas, and in the Crowley Independent School District. This is not the only "Glenwyck" subdivision in Tarrant County Obligation for Assessments. A home buyer is obligated to the Association for assessments from the first day of owning the home. Depending on date of closing, part or all of an annual assessment may be collected at time of purchase. New owners are advised to calendar the due date for the next assessment or installment.
Restricted Environment. A homeowner in Glenwyck cannot do "anything he wants" with his yard and the outside of his home. Even the color of his fence stain must conform to certain requirements.
llment.
Restricted Environment. A homeowner in Glenwyck cannot do "anything he wants" with his yard and the outside of his home. Even the color of his fence stain must conform to certain requirements.
Declarant's Role. The developer or "Declarant" has a significant economic interest in overseeing the complete, orderly, and successful development, build-out, and sell-out of Glenwyck, During the development period, Declarant reserves many significant rights to oversee the complete build-out and sell-out of homes in the development. One of Declarant's reserved rights is "controlling" the Association by appointing its officers and directors during the build-out of Glenwyck. Declarant intends to control the Association for the maximum length of time permitted by Texas law.
Change is Possible. Prior to build-out, Declarant may change or eliminate any feature of Glenwyck (subject to governmental approval, if applicable). Declarant is not required to provide a proposed feature of Glenwyck that is not in place when an owner contracts to buy a home in Glenwyck.
Declaration Concepts. This form of declaration employs some concepts and terms that are not traditional ~ primarily in Appendixes B and C. Why? To do a better job of communicating the elements of land development and home building that must be respected even protected to create successful neighborhoods and governing associations that contribute to the economy and well-being of our cities, State, and nation.
Separation of Powers. The for-profit business of creating and marketing the Property is distinct from the non-profit operation of the Association for the benefit of homeowners and residents. Although homeowners will, in time, control
fit business of creating and marketing the Property is distinct from the non-profit operation of the Association for the benefit of homeowners and residents. Although homeowners will, in time, control the governance and destiny of Glenwyck, homeowners do not have a voice, role, or influence on any aspect of how the Property is created, constructed, built-out, and sold-out by Declarant and Builders.
9. Marketing Advantage. Declarant and Builders have rights and opportunities for marketing new homes that are not available to individual homeowners who desire to market their homes for resale. A homeowner who tries to resell his home before Glenwyck is sold-out will be competing against Declarant or Builders with new houses and a marketing advantage.
10. Organization of Declaration. To make this Declaration more readable for the generations of homeowners that will own homes in Glenwyck, most of Declarant's rights and reservations are compiled in Appendix B and Appendix C of this Declaration, which are in every way superior to and controlling over the main body of this Declaration. Speaking of appendixes, until Glenwyck is built-out and sold-out, the appendixes of this Declaration are the most important parts of all the Governing Documents.
© 2017. Sharon Reuler, P.C. All Rights Reserved.
1116-0100RS-Gemych_2 p12/13/17 12/15/17 Page 3 of 74 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR GLENWYCK TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS 1.1.
DEFINED TERMS 1.2.
DEVELOPMENT TERMS ARTICLE 2 - SUBJECT TO DOCUMENTS 2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
SUBJECT TO DOCUMENTS OF RECORD COVENANTS IN PLAT DEVELOPMENT AGREEMENTS OWNER AGREES TO BE BOUND ASSOCIATION AS BENEFICIARY DECLARANT RIGHTS ARTICLE 3 - CERTAIN PROPERTY FEATURES PAGE 1 1 3 3 4 4 4 4 4 4 Nicial Copy RETAINING WALLS
COVENANTS IN PLAT DEVELOPMENT AGREEMENTS OWNER AGREES TO BE BOUND ASSOCIATION AS BENEFICIARY DECLARANT RIGHTS ARTICLE 3 - CERTAIN PROPERTY FEATURES PAGE 1 1 3 3 4 4 4 4 4 4 Nicial Copy RETAINING WALLS RETAINING WALLS ON SOUTH PERIMETER LOTS DIRT DISCLOSURE EXPANSIVE CLAY SOIL 3.1.
LIMITED DISCLOSURES 3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
3.10.
3.11.
WATER DETENTION AREAS COMMERCIAL NEIGHBORS LAND USE ENVIRONMENTAL CONDITIONS CITY ORDINANCES THRU-STREET DISCLOSURE 3.12. STREETS WITHIN PROPERTY ARTICLE 4 - PROPERTY GENERAL SURFACE WATER EASEMENT EASEMENT FOR ENTRY FEATURES EASEMENT FOR PERIMETER FEATURES OWNER'S EASEMENT OF ENJOYMENT OWNER'S INGRESS/EGRESS EASEMENT OWNER'S RIGHT TO BUILD 4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
4.8.
4.9 4.10.
UTILITY EASEMENT 4.11.
MINERAL INTERESTS 4.12.
-OIL & GAS ACTIVITY 4.13.
NOTICE OF LIMITATION ON LIABILITY RIGHTS OF CITY ASSOCIATION'S ACCESS EASEMENT 4 5 5 5 5 6 6 6 6 6 7 7 7 7 7 7 8 8 8 8 9 9 9 10 10 10 Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK 2017. Sharon Reuler, P.C. All Rights Reserved.
Page i Page 4 of 74 ARTICLE 5 - COMMON PROPERTY OWNERSHIP CHANGE OF USE CONVEYANCE BY OR TO ASSOCIATION 5.1.
5.2.
USE 5.3.
5.4.
5.5.
ACCEPTANCE 5.6.
COMPONENTS 5.7.
LIMITED COMMON AREA 5.8.
PERSONAL RESPONSIBILITY 10 10 10 11 11 11 1222 ARTICLE 6 - ARCHITECTURAL COVENANTS & USE RESTRICTIONS DEFAULT-BASED DENIAL SPECIFICATION SOURCES ARCHITECTURAL REVIEW COMMITTEE ARC APPROVAL REQUIRED APPLICATION FOR APPROVAL 6.1.
GENERAL PROVISIONS 6.2.
ALLOWED ACTIVITIES 6.3.
OWNER'S DUTY 6.4.
6.5.
6.6.
OWNERS MANUAL 6.7.
6.8.
6.9.
6.10.
6.11.
6.12.
6.13.
6.14.
6.15.
6.16.
6.17.
6.18.
6.19.
TIME LIMITS
ATION FOR APPROVAL 6.1.
GENERAL PROVISIONS 6.2.
ALLOWED ACTIVITIES 6.3.
OWNER'S DUTY 6.4.
6.5.
6.6.
OWNERS MANUAL 6.7.
6.8.
6.9.
6.10.
6.11.
6.12.
6.13.
6.14.
6.15.
6.16.
6.17.
6.18.
6.19.
TIME LIMITS REASONABLE ACCOMMODATION FOR HANDICAP ACCESSORY DWELLING UNIT CO-ADJACENT LOT VARIANCE 13 official Copy ASSOCIATION'S RIGHT TO PROMULGATE RULES ASSOCIATION'S RIGHT TO POST SIGNS SUBJECTIVE STANDARDS LIMITS TO OWNER'S RIGHTS LIMITED ROLE OF DECLARANT ARTICLE 7 - ASSOCIATION OPERATIONS 7.1.
7.2.
7.3.
7.4.
7.5.
7.6.
7.7.
7.8.
7.9.
7.10.
7.11, 7.12.
7.13.
7.14.
MANDATORY MEMBERSHIP THE ASSOCIATION BOARD MEMBERS & VOTING HEAD COUNTS DECISION-MAKING MANAGER ARRANGEMENTS WITH OTHER ASSOCIATIONS COMMUNICATIONS BOOKS & RECORDS INDEMNIFICATION INSURANCE OBLIGATIONS OF OWNERS DECLARANT MAY ACT FOR BOARD ARTICLE &- COVENANT FOR ASSESSMENTS 8.1.
GENERAL 8.2.
BOARD DISCRETION 8.3.
PERSONAL OBLIGATION 8.4.
USES OF ASSESSMENTS 8.5.
ANNUAL BUDGET 8.6.
SURPLUS & SHORTFALL Appendix B and Appendix C have priority over the main body of this Declaration.
16 17 17 18 18 19 19 19 19 20 20 20 20 20 20 21 21 21 21 23 24 24 24 24 24 25 25 26 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK © 2017. Sharon Reuler, P.C. All Rights Reserved.
Page ii +6140 CCR pd2/15/17 12/15/17 Page 5 of 74 BETTERMENTS OWNERS' CONTROL FOR ASSESSMENT INCREASES TYPES OF ASSESSMENTS BASIS & RATE OF ASSESSMENTS 8.7.
8.8.
8.9.
8.10.
8.11.
DUE DATE 8.12.
8.13.
8.14.
8.15.
DECLARANT EXEMPTION ASSOCIATION'S RIGHT TO BORROW MONEY LIMITATIONS OF INTEREST EFFECT OF NONPAYMENT OF ASSESSMENTS ARTICLE 9 - RESERVE FUNDS GENERAL REPAIR & REPLACEMENT RESERVES 9.1.
9.2.
9.3.
9.4.
9.5.
DECLARANT EXEMPTION OPERATIONS RESERVES DISCRETIONARY RESERVES ARTICLE 10 ASSESSMENT LIEN 10.1.
10.2.
10.3.
NTS ARTICLE 9 - RESERVE FUNDS GENERAL REPAIR & REPLACEMENT RESERVES 9.1.
9.2.
9.3.
9.4.
9.5.
DECLARANT EXEMPTION OPERATIONS RESERVES DISCRETIONARY RESERVES ARTICLE 10 ASSESSMENT LIEN 10.1.
10.2.
10.3.
CREATION & PERFECTION OF LIEN LIEN SUPERIOR TO HOMESTEAD OTHER SUPERIORITIES 10.4. EFFECT OF MORTGAGEE'S FORECLOSURE 10.5.
10.6.
10.7.
NOTICE AND RELEASE OF NOTICE POWER OF SALE.
FORECLOSURE OF LIEN ARTICLE 11 - ENFORCING THE DOCUMENTS 26 3222222222 222333 MMMMMMM ficial Copy BOARD DISCRETION NOT LACHES 11.1.
RIGHT TO ENFORCE 11.2.
11.3.
11.4.
11.5.
11.6.
CONSISTENCY BY CIRCUMSTANCE AFTER-THE-FACT APPROVAL.
COSTS OF ENFORCEMENT 11.7. NOTICE AND HEARING 11.8.
REMEDIES ARTICLE 12-MAINTENANCE AND REPAIR OBLIGATIONS ASSOCIATION MAINTAINS OWNER RESPONSIBILITY 12.1.
12.2.
12.3.
12.4.
FENCES BETWEEN LOTS OWNER'S DEPAULT IN MAINTENANCE ARTICLE 13 MORTGAGEE PROTECTION 131.
13.2 FIRST MORTGAGEE RIGHTS CONSENTS OF MORTGAGEES ARTICLE 14 AMENDMENTS 14.1.
AMENDMENT BY OR AFFECTING DECLARANT 14.2. AMENDMENT BY BOARD 14.3. AMENDMENT BY MEMBERS 14.4.
EFFECTIVE 14.5.
ANNEXATION Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK 2017. Sharon Reuler, P.C. All Rights Reserved.
31 31 31 31 32 32 32 32 33 33 34 34 34 35 35 36 36 36 36 36 36 36 Page iii Page 6 of 74 ORDINANCE COMPLIANCE 14.6.
APPENDIXES 14.7.
14.8.
MERGER 14.9.
14.10.
TERMINATION CONDEMNATION ARTICLE 15 - INDEMNIFICATION & RELEASE 15.1.
CONSIDERATION 15.2.
RELEASE FOR HEALTH, WELFARE, SAFETY 15.3.
PRIVACY 15.4.
SECURITY 15.5.
INDEMNITY FOR ASSOCIATION OPERATIONS 15.6.
RELEASE FOR INJURY OR LOSS 15.7.
INTENT TO RELEASE FROM NEGLIGENCE 15.8.
AGAINST SELF-INTEREST OF OWNER OR OCCUPANT
SAFETY 15.3.
PRIVACY 15.4.
SECURITY 15.5.
INDEMNITY FOR ASSOCIATION OPERATIONS 15.6.
RELEASE FOR INJURY OR LOSS 15.7.
INTENT TO RELEASE FROM NEGLIGENCE 15.8.
AGAINST SELF-INTEREST OF OWNER OR OCCUPANT ARTICLE 16 - DISPUTE RESOLUTION INTRODUCTION & DEFINITIONS MANDATORY PROCEDURES NEGOTIATION 16.1.
16.2.
16.3.
NOTICE 16.4.
16.5.
MEDIATION 16.6.
16.7.
16.8.
16.9.
16.10.
16.11.
TERMINATION OF MEDIATION ALLOCATION OF COSTS ENFORCEMENT OF RESOLUTION GENERAL PROVISIONS LITIGATION APPROVAL & SETTLEMENT CONSTRUCTION-RELATED DISPUTES.
ARTICLE 17 - HOME SALES & RESALES 37 37 37 37 37 37 37 37 38 38 38 39 39 Tricial Copy ADMINISTRATIVE TRANSFER FEES 17.1.
GENERAL 17.2.
HOA SALE FEES 17.3.
17.4.
17.5.
17.6.
17.7.
NEW HOME SALES HOME RESALES CHANGES IN AMOUNTS EXCLUSIONS ARTICLE 18 - COVENANTS FOR DECLARANT'S BENEFIT 18.1.
18.2.
18.3.
OWNERSHIP NOT REQUIRED ECONOMIC INTEREST ASSOCIATION FINANCES 18.4.4 18.5.
AMENDING GOVERNING DOCUMENTS APPENDIXES B AND C ARTICLE 19 - GENERAL PROVISIONS FOR ALL GOVERNING DOCUMENTS 39 40 40 40 40 40 40 40 40 41 41 41 41 41 42 42 42 42 43 43 43 43 43 43 44 44 19.1. HIGHER AUTHORITY 19.2.
COMPLIANCE 19.3.
CHANGE OF APPLICABLE LAW 19.4.
NOTICE 19.5.
CHANGING TECHNOLOGY 19.6.
LIBERAL CONSTRUCTION 19.7.
SEVERABILITY Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK © 2017. Sharan Reuler, P.C. All Rights Reserved.
44 44 44 44 45 45 45 Page iv 16-As-Glyc_v2 p12/15/17-15427 19.8.
CAPTIONS 19.9.
INTERPRETATION Page 7 of 74 45 45 45 45 46 C.1.
C.2.
DEFINITIONS C.3.
CLASSES OF MEMBERS C.4.
VOTING C.5.
C.6.
C.7.
C.8.
C.9.
C.10.
C.11.
C.12.
C.13.
MAXIMUM SIZE BOARD CONTROL RIGHTS & RESERVATIONS ASSOCIATION GOVERNANCE ACTION IN LIEU OF BOARD.
.
C.2.
DEFINITIONS C.3.
CLASSES OF MEMBERS C.4.
VOTING C.5.
C.6.
C.7.
C.8.
C.9.
C.10.
C.11.
C.12.
C.13.
MAXIMUM SIZE BOARD CONTROL RIGHTS & RESERVATIONS ASSOCIATION GOVERNANCE ACTION IN LIEU OF BOARD.
VETO OVER CERTAIN BOARD DECISIONS DECLARANT AS EX-OFFICIO BOARD MEMBER ADVISORY & ARCHITECTURAL COMMITTEES FINANCIAL RIGHTS & RESERVATIONS RIGHT OF REIMBURSEMENT FOR SHORTFALL LOANS C.14.
HOA SALE FEES ON NEW HOME SALES C.15.
HOA SALE FEES ON VACANT LOTS.
APPENDIX D - NOTICE OF POSSIBLE OIL & GAS ACTIVITY AFFECTING THE SUBDIVISION APPENDIX E - RETAINING WALL E-1 EZEE E-1 E-1 E-1 E-2 B.11.
PARDON OUR DUST B.7.
MARKETING RIGHTS & RESERVATIONS B.8.
RELATIONSHIP WITH BUILDERS B.9.
SUCCESSOR DECLARANT B.10. COMMON AREAS APPENDIX C - DECLARANT'S RIGHTS & RESERVATIONS FOR ASSOCIATION GOVERNANCE GENERAL PROVISIONS cial 19.11.
19.10. DURATION APPENDIXES SIGNED AND ACKNOWLEDGED APPENDIX A - DESCRIPTION OF SUBJECT LAND APPENDIX B - DECLARANT'S RIGHTS & RESERVATIONS FOR BUILD-OUT & SELL-OUT B.1.
B.2.
B.3.
B.4.
B.5.
GENERAL PROVISIONS DEFINITIONS LAND USE RIGHTS & RESERVATIONS RIGHTS & RESERVATIONS TO MAKE CHANGES ARCHITECTURAL COVENANTS FOR VACANT LOTS B.6. GOVERNING DOCUMENTS RIGHTS & RESERVATIONS Copy B-7 B-8 B-8 B-8 C-1 C-1 C-1 C-2 C-2 C-3 C-3 C-4 C-5 C-5 C-5 C-5 C-6 C-7 C-8 C-9 B-5 B-6 E.1.
GENERAL E.2.
ENCROACHMENTS AND EASEMENTS E.3.
MAINTENANCE, REPAIR & ALTERATION E.4.
PERIMETER RETAINING WALLS Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK 2017. Sharon Reuler, P.C. All Rights Reserved.
Page v Page 8 of 74 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR GLENWYCK
& RESTRICTIONS GLENWYCK 2017. Sharon Reuler, P.C. All Rights Reserved.
Page v Page 8 of 74 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR GLENWYCK This Declaration of Covenants, Conditions & Restrictions for Glenwyck is made by D. R. Horton - Texas, Ltd., a Texas limited partnership ("Declarant"), on the date signed below. Declarant owns the real property described in Appendix A of this Declaration, together with the improvements thereon.
Declarant desires to establish a general plan of development for the planned community to be known as Glenwyck.
Declarant also desires to provide a reasonable and flexible procedure by which Declarant may maintain certain development rights that are essential for the successful completion and marketing of the Property.
Declarant further desires to provide for the preservation, administration, and maintenance of portions of Glenwyck, and to protect the value, desirability, and attractiveness of Glenwyck. As an integral part of the development plan, Declarant deems it advisable to create a property owners association to perform these functions and activities more fully described in this Declaration and the other Governing Documents described below.
Declarant DECLARES that the property described in Appendix, and any additional property made subject to this Declaration, will be owned, held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, and easements of this Declaration, including Declarant's rights and reservations in Appendix B and Appendix C attached hereto, which run with the real property and bind all parties having
estrictions, and easements of this Declaration, including Declarant's rights and reservations in Appendix B and Appendix C attached hereto, which run with the real property and bind all parties having or acquiring any right, title, or interest in any part of the Property, their heirs, successors, and assigns, and inure to the benefit of each owner of any part of the Property. Declarant intends for the encumbrance and subjugation of Glenwyck by this Declaration to be in accordance with the common law doctrines of restrictive covenant and implied equitable servitudes.
ARTICLE 1 DEFINITIONS 1.1. DEFINED TERMS. The following words and phrases, whether or not capitalized, have specified meanings when used in the Governing Document, unless a different meaning is apparent from the context in which the word or phrase is used. Terms pertaining to development of the Property are identified in the following Section.
1.1.1. "Applicable Law" means the statutes and public laws, codes, ordinances, and regulations in effect at the time a provision of the Governing Documents is applied, and pertaining to the subject matter of the Governing Document provision. Statutes and ordinances specifically referenced in the Governing Documents are "applicable law" on the date of the Governing Document, and are not intended to apply to the Property if they cease to be applicable by operation of law, or if they are replaced or superceded.
1.1.2.
"ARC" or "Architectural Review Committee" means the committee appointed by the board or Declarant, as applicable pursuant to this Declaration, with jurisdiction over certain architectural matters.
"Architectural Reviewer" means the entity having jurisdiction over a particular application for
arant, as applicable pursuant to this Declaration, with jurisdiction over certain architectural matters.
"Architectural Reviewer" means the entity having jurisdiction over a particular application for architectural approval. The exclusive Architectural Reviewer for new homes on vacant lots is Declarant or Declarant's designee. The ARC is the Architectural Reviewer for existing homes on improved lots.
1.1.4. "Assessment" means any charge levied against a lot or owner by the Association, pursuant to the Governing Documents or applicable law, including but not limited to the types of assessments defined in the Covenant for Assessments Article of this Declaration.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK 2017. Sharon Reuler, P.C. All Rights Reserved.
Page 1 16\CC2 p17/15/17 17/15/07 Page 9 of 74 1.1.5. "Association" means the association of owners of lots in the Property, and serving as the "property owners' association" defined in Section 202.001(2) of the Texas Property Code. The initial name of the Association is Glenwyck Owners Association.
1.1.6.
"Board" means the board of directors of the Association.
"City" means the City of Fort Worth, Texas, in which the Property is located.
1.1.7.
1.1.8.
"Common Area" means a portion of the Property that is not a "Lot" and which is identified on a plat or in this Declaration as intended, reserved, or dedicated for use, maintenance, or ownership by the Association.
1.1.9. "Common Property" means real property, improvements to real property, and personal property that is used, maintained, or owned by the Association for the use or benefit of owners and residents, including
mmon Property" means real property, improvements to real property, and personal property that is used, maintained, or owned by the Association for the use or benefit of owners and residents, including common areas. In most contexts, "common property" may be used interchangeably with "common area."
1.1.10. "Declarant" means D. R. Horton - Texas, Ltd., a Texas limited partnership, or the successors and assigns of D. R. Horton - Texas, Ltd., which acquire the status of Successor Declarant according to the terms of the Successor Declarant section of Appendix B of this Declaration.
1.1.11. "Declaration" means this document, as it may be amended, supplemented, and restated from time to time.
1.1.12. "Governance Policy" means a policy or procedure of the Association that pertains to governance matters, as distinguished from property uses. Examples of governance matters include membership, voting, meetings, collections, and enforcement. The initial governance policies and procedures are compiled in the "Governance Policy Book", a term which may also be used to refer to each constituent policy and procedure, whether recorded separately or as part of the compilation 1.1.13. "Governing Documents" means, singly or collectively as the case may be, the Plat, this Declaration, the Owners Manual, the Bylaws of the Association, the Articles of Association, the Governance Policy Book, and any other writing that affects the relationship of owners to the Property, to the Association, or to each other, as any of these may be adopted, amended, supplemented, restated, or repealed from time to time. Although Governing Documents reference each other and may be recorded contemporaneously, each instrument is independent and may be amended pursuant to its own terms or applicable law.
om time to time. Although Governing Documents reference each other and may be recorded contemporaneously, each instrument is independent and may be amended pursuant to its own terms or applicable law.
1.1.14. "Lot" means a portion of the Property, as shown on the Plat, intended for independent ownership and construction of a dwelling. As a defined term, a "lot" is not a common area and does not automatically become a common area if acquired by the Association. Where the context indicates or requires, "lot" includes all improvements thereon and any portion of a right-of-way that customarily is used exclusively by and in connection with the lot. For certain purposes, the Governing Documents may distinguish between vacant lots and improved lots. As used in the Governing Documents, a "vacant lot" is a lot on which a dwelling has never been built or a lot on which the initial dwelling is under construction, and an "improved lot" is a lot on which the initial dwelling is or was substantially complete or completed. An improved lot retains its status even if the initial improvements are removed or destroyed.
1.1.15. "Member" means a member of the Association, unless the context indicates that member means a member of the board or a member of a committee of the Association. Although every owner is a member of the Association each lot has one Association membership. If a lot is co-owned, the lot's single membership is shared jointly or collectively by the co-owners of the lot.
1.1.16. "National Lender" means a nationwide institutional quasi-public mortgage lender, mortgage purchaser, mortgage insurer, mortgage underwriter, or mortgage guarantor, such as Federal Home Loan Mortgage
. "National Lender" means a nationwide institutional quasi-public mortgage lender, mortgage purchaser, mortgage insurer, mortgage underwriter, or mortgage guarantor, such as Federal Home Loan Mortgage Corporation (Freddie Mac), Federal Housing Administration (HUD/FHA), Federal National Mortgage Association (Fannie Mae), or U. S. Department of Veterans Affairs (VA), singly or collectively.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK ©2017. Sharon Reuler, P.C. All Rights Reserved.
Page 2 Page 10 of 74 1.1.17. "Owner" means a holder of recorded fee simple title to a lot. Declarant is an owner for each lot owned by Declarant. A Builder who acquires title to a lot for the purpose of constructing a house for sale to homebuyers is an owner. Mortgagees and creditors who acquire title to a lot through foreclosure or a deed in lieu of foreclosure are owners. Persons or entities having ownership interests merely as security for the performance of an obligation are not owners.
1.1.18. "Owners Manual" refers to the Owners Manual of Rules & Regs for Glenwyck, that certain Governing Document consisting of chapters that contain covenants, conditions, restrictions, specifications, rules, and regulations pertaining to many aspects of the lots and the improvements thereon, such as the appearance, maintenance, improvement, use, and occupancy of the improved lots. The Owners Manual deals with property uses, as distinguished from the Governance Policy Book. "Owners Manual" refers collectively to the compilation of chapters, and also refers to each constituent chapter, whether recorded separately or as part of the compilation.
the Governance Policy Book. "Owners Manual" refers collectively to the compilation of chapters, and also refers to each constituent chapter, whether recorded separately or as part of the compilation.
MOST "DOs and DON'Ts" ARE IN THE OWNERS MANUAL 1.1.19. "Plat" means that certain Final Plat of Glenwyck, recorded on July 1, 2017, as Document No.
D217160403, Plat Records, Tarrant County, Texas, as it may be amended, corrected, or replatted from time to time, in whole or in part, and the plat of any other real property that is made subject to this Declaration, including dedications, covenants, limitations, restrictions, easements, notes, and reservations shown thereon.
1.1.20. "Property" means all the land subject to this Declaration and all improvements, easements, rights, and appurtenances to the land. The name of the Property is Glenwyck, The Property includes the land described in Appendix A of this Declaration, as it may be amended or supplemented from time to time, and any additional land made subject to this Declaration, and includes every lot and any common area thereon.
1.1.21. "Resident" means an occupant of a dwelling, regardless of whether the person owns the lot.
1.1.22. "Rules" means the rules singly and collectively adopted by Declarant or by the Association N in accordance with the Governing Documents or applicable law, and which are contained in one or more writings which may be referred to by a variety of names, such as (without limitation) rules, regulations, guidelines, procedures, manuals, policies, standards, specifications, and resolutions. If customary, rules may be "published" on signs posted or painted on the Property of communicated to owners as temporary or seasonal rules that are
olicies, standards, specifications, and resolutions. If customary, rules may be "published" on signs posted or painted on the Property of communicated to owners as temporary or seasonal rules that are circumstance-based. Rules may properly be used to refer to an instrument, sign, or communique that contains rules, and may also be used to refer to the individual rules within an instrument, sign, or communique. Certain covenants, conditions, and restrictions may be referred to as rules, the terms not being entirely mutually exclusive.
1.2. DEVELOPMENT TERMS. The following defined terms pertaining to development of the Property are contained in Appendix B and Appendix of this Declaration, and hereby incorporated by reference: (1) Builder, (2) Build-Out, (3) Declarant Control Period, (4) Development Period, (5) Sell-Out, (6) Shortfall, and (7) Unilaterally.
no 2.1.
ARTICLE 2 SUBJECT TO DOCUMENTS SUBJECT TO DOCUMENTS OF RECORD. All real property subject to this Declaration, including the property described in Appendix A and any other real property that is made subject to this Declaration, is held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the terms of all publicly recorded Governing Documents, and all other publicly recorded instruments that touch and concern the land, run with the Property, and bind all parties having or acquiring any right, title, or interest in the Property, their heirs, successors, and assigns. This Declaration may contain certain disclosures about publicly recorded or publicly accessible documents that do or may affect the Property. Such disclosures are not intended to identify every publicly recorded or publicly accessible document
sures about publicly recorded or publicly accessible documents that do or may affect the Property. Such disclosures are not intended to identify every publicly recorded or publicly accessible document affecting the Property. Neither the Association nor Declarant makes any representation that these are the only noteworthy documents affecting the Property. Every prospective owner and resident must make an independent investigation of documents affecting the Property, and make inquiries of anything that concerns him.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK 2017. Sharon Reuler, P.C. All Rights Reserved.
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COVENANTS IN PLAT. The plat may contain dedications, covenants, limitations, restrictions, easements, duties, notes, or reservations (collectively "covenants" for this Section). Each owner must inform himself about the plat's covenants on his lot and those affecting his use or enjoyment of the lot and common areas. A label, such as "Open Space," on a platted common area is not a covenant that prevents improvement or change of use.
2.3.
Even the subdivision plat speaks to your use of your lot. Check it out.
DEVELOPMENT AGREEMENTS. Glenwyck is subject to - and bound by - a number of publicly recorded agreements that create certain duties and rights for the Association. The Association's leadership and management must be informed about agreements that affect the Property and the Association, such as (without limitation) the following: Restrictive covenants in instrument recorded on February 11, 1998, as Document No. 0198028239, in Volume 13077, Page 469, Real Property Records, Tarrant County, Texas.
2.4.
limitation) the following: Restrictive covenants in instrument recorded on February 11, 1998, as Document No. 0198028239, in Volume 13077, Page 469, Real Property Records, Tarrant County, Texas.
2.4.
Development and Easement Agreement, recorded on September 23, 2016, as Document No. D216223314, Real Property Records, Tarrant County, Texas.
Copy Restrictive covenants in Exhibit C of the instrument recorded on September 23, 2016, as Document No.
D216223312, Real Property Records, Tarrant County, Texas.
Stormwater Facility Maintenance Agreement, recorded on May 15, 2017 as Document No. D217107217, Real Property Records, Tarrant County, Texas, When you buy a Glenwyck home, you also buy into the Governing Documents.
OWNER AGREES TO BE BOUND. Each owner, by impliedly or expressly accepting or acquiring an ownership interest in or title to a lot, whether or not it is so expressed in the instrument of conveyance, covenants and agrees to be bound by this Declaration, the plat, and the other Governing Documents. By acquiring the ownership interest before the Property is fully developed, expanded, Built-Out, and Sold-Out, each owner covenants, agrees, and acknowledges that Appendixes B and C of this Declaration control over anything to the contrary in the main body of this Declaration. Each owner further covenants that Declarant's economic interest in the Property is not tied to ownership of a lot, but rather to the Property's completion, regardless how the lots are owned. Additionally, each owner acknowledges that each Governing Document may be amended, supplemented, or restated from time to time. Each owner also agrees to maintain any easement that crosses his lot and for which the Association does not have express responsibility or for which
ended, supplemented, or restated from time to time. Each owner also agrees to maintain any easement that crosses his lot and for which the Association does not have express responsibility or for which responsibility is delegated to the owner by this Declaration.
2.5. ASSOCIATION AS BENEFICIARY. The Association may have enforcement rights (not duties) pertaining to the use of a parcel of adjacent land, according to the terms of that certain Use Restriction Agreement, recorded on September 23, 2016, as Document No D216223313, Real Property Records, Tarrant County, Texas.
2.6. DECLARANT RIGHTS, The rights of Declarant in the Declaration, particularly in the attached Appendixes B and C, override and supercede every provision of this Declaration and the other Governing Documents for the applicable periods of time. Accordingly, some provisions in this Declaration do not apply during Build-Out or Sell-Out, or during the Declarant Control or Development Periods.
ARTICLE 3 CERTAIN PROPERTY FEATURES 3.1. TÍMITED DISCLOSURES. The plat, this Declaration, the Owners Manual, the other Governing Documents, future websites maintained by or for the Association, print or electronic materials used in marketing or describing the Property, and any other type of document or resource related to the Property, may contain certain disclosures about the Property and its location that are intended to help inform prospective and current owners and residents about certain features or attributes that may pertain to the Property. Such disclosures are not intended to identify every feature, Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK 2017. Sharon Reuler, P.C. All Rights Reserved.
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ture, Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 4 ::CCR-Glenwyth_v2-13/15/2012/05/17 Page 12 of 74 attribute, condition, or unusual aspect of the Property that may affect property values or the quality of life within the Property. Such disclosures are not intended to, and do not, constitute a full disclosure of the disclosed feature, attribute, or condition. Providing a disclosure does not create a duty for Declarant or the Association to make additional disclosures.
An omission may not be construed as intentional or misleading. Neither the Association nor Declarant makes any representation that published disclosures are the only noteworthy or most significant features of the Property. Also, a mistaken disclosure about a feature or attribute that does not exist may not be construed as an attempt to deceive, and does not create a duty for Declarant or the Association to provide the feature or attribute. Every prospective owner and resident must make an independent inspection and investigation of the lot and the Property, its location, adjoining and nearby land uses, and publicly accessible documents and resources affecting the lot and the Property, and has a duty to make inquiries of anything that concerns him.
RETAINING WALLS CREATE DUTIES FOR HOMEOWNERS 3.2. RETAINING WALLS. The Property has a number of retaining walls, some of which may not be apparent when visiting Glenwyck. Each owner and prospective purchaser is solely responsible for learning whether his lot supports or is supported by a retaining wall and, if so, the corresponding legal duties and financial obligations for the retaining wall
ve purchaser is solely responsible for learning whether his lot supports or is supported by a retaining wall and, if so, the corresponding legal duties and financial obligations for the retaining wall and to the owner of the land on the other side of the retaining wall, as described in the attached Appendix E of this Declaration, titled "Retaining Walls," and the Owners Manual chapter titled "Retaining Wall Maintenance Specifications," both of which are incorporated by reference. By acquiring an ownership interest in a lot that contains, abuts, supports, or is supported by a retaining wall, the owner acknowledges and accepts the rights and responsibilities created by this Declaration for the retaining wall.
3.3.
DON'T LET "OUT-OF-SIGHT" BE "OUT-OF-MIND" BACK YARDS ON SOUTH SIDE ARE SUPPORTED BY RETAINING WALLS ➤ LANGSIDE LANE (ODD NUMBERS) & ➤ BALLATER DRIVE (8041 & 8045)-& LOTS AT CORNER RETAINING WALLS ON SOUTH PERIMETER LOTS. This section pertains to the retaining walls that support the lots along the south perimeter of the Property, being homes an Langside Lane with odd number addresses, and the two lots on the outside corner of Ballater Drive's turn to Langside Lane, referred to in this Section as the "South Perimeter Lots". Each owner of a South Perimeter Lot is solely responsible for all aspects of the segment of retaining wall and the fencing atop the retaining wall located on or along the border of the South Perimeter Lot. This Declaration cannot create an obligation for the owner of land on the other side of the perimeter retaining wall because that land is not subject to the Declaration. Accordingly, the owner of a South Perimeter Lot may have no lawful right to access the adjacent land for purposes of inspecting, maintaining, repairing, and reconstructing
subject to the Declaration. Accordingly, the owner of a South Perimeter Lot may have no lawful right to access the adjacent land for purposes of inspecting, maintaining, repairing, and reconstructing the retaining wall, if and when needed. By acquiring an ownership interest in a South Perimeter Lot, the owner acknowledges that if access to land on the far side of the retaining wall is not available, other options for repairing or replacing the retaining wall may result in excavation and removal of soil from the owner's South Perimeter Lot, the practical loss of portions of the usable surface of the owner's South Perimeter Lot, and substantially more expense than if the owner had unfettered access to the land on the far side of the retaining wall to perform the required work. The owner of a South Perimeter Lot is advised to obtain professional evaluation of the significance of this Section before making any change to the back yard.
3.4. DIRT DISCLOSURE. No representation is made that any lot or common area in Glenwyck is on native virgin soil of that the soil has a particular nutritional value for plants. This disclosure is made to give inquiry notice to prospective owners, who may make their own determinations about the composition and nutriments of the material on and beneath the surface of any lot in the Property.
3.5. EXPANSIVE CLAY SOIL. The homes and other improvements in Glenwyck are built on ground that may be composed partly or wholly of expansive clay soils, which are prone to expand and contract in response to wetness and drought if the homeowner does not properly maintain the soil to prevent soil movement. Cycles of shrinkage and swelling may put stress on structures, resulting in property damage and diminished property values. Each owner is responsible
operly maintain the soil to prevent soil movement. Cycles of shrinkage and swelling may put stress on structures, resulting in property damage and diminished property values. Each owner is responsible for preserving the structural integrity of the home and other improvements on the lot by maintaining the moisture content Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 5 16-6160CC-wyck v2 pd 12/13/17 02/15/17 Page 13 of 74 of the lot's soil to reduce the potential for soil movement that may result in damage to improvements. Each owner is advised to pay particular ongoing attention to any circumstance or change of circumstance that affects drainage of the lot, such as inadequate grading or drainage facilities to carry water away from the home's foundation, growth of improper vegetation near the home's foundation, the presence of groundwater or other subsurface condition affecting the lot, and uneven watering of the lot. This Section may apply to any lot in Glenwyck, including a lot with an overlay of quality topsoil.
When is a pond not a pond?
Water detention areas may sometimes be water-filled and sometimes bone-dry.
3.6. WATER DETENTION AREAS. The common areas of the Property include one or more water detention areas required by the City for the management of surface water runoff, pursuant to the Stormwater Facility Maintenance Agreement, recorded on May 15, 2017, as Document No. D217107217, Real Property Records, Tarrant County, Texas.
Because a water detention area may be sometimes "wet" and sometimes "dry," depending on climate conditions,
d on May 15, 2017, as Document No. D217107217, Real Property Records, Tarrant County, Texas.
Because a water detention area may be sometimes "wet" and sometimes "dry," depending on climate conditions, permanent landscaping can be a challenge. A water detention area may require periodic dredging or desilting, which may be unsightly. Without the City's approval, a water detention area may not be used for any purpose that interferes with its role in surface water management. This explanation is for persons who wonder why those areas are not more extensively maintained, improved, landscaped, or used.
3.7. COMMERCIAL NEIGHBORS. On the date of this Declaration, land in the vicinity of the Property is used or zoned for non-residential purposes, such as educational, commercial, and industrial. Also, some nearby tracts are undeveloped. Prospective owners and residents are encouraged to inform themselves about every aspect of current and proposed uses of adjacent and nearby land. By acquiring an ownership or occupancy interest in the Property, each owner and resident acknowledges that Declarant, the Association, and their respective directors, officers, committees, agents, and employees have no control over the zoning, development, or use of adjacent and nearby land.
These are only SOME of the unique attributes of Glenwyck.
3.8. LAND USE. By acquiring an ownership interest in a lot, each owner acknowledges that the ownership, uses, platting, and development of land within, adjacent to, or near the Property may change over time, and from time to time, and that such a change may affect the value of owner's lot. Whether an owner is consulted about a proposed change to
hin, adjacent to, or near the Property may change over time, and from time to time, and that such a change may affect the value of owner's lot. Whether an owner is consulted about a proposed change to real property within the vicinity of the owner's lot is a function of local government, and not a function of the Association.
Nothing in this Declaration or the other Governing Documents may be construed as a representation of any kind by the Association, Builders, or Declarant as to current or future uses - actual or permitted of any land that is adjacent to or near the Property, regardless of what the plat shows as potential uses of adjoining land. The Association, Builders, and Declarant can not and do not guaranty scenic views, volumes of traffic on streets around and through the Property, availability of schools or shopping, or any other aspect of the Property that is affected by the uses or conditions of adjacent or nearby land, water or air. Words, acronyms, labels, and legends used on a plat to describe land uses are imprecise terms which may be modified by subsequent acts and decisions by public or quasi-public authorities without the formality of amending the plat.
3.9. ENVIRONMENTAL CONDITIONS. In the era in which this Declaration is written, the public is increasingly aware of environmental conditions affecting health and quality of life. The Association has no duty to intervene on behalf of an owner or resident who complains of adverse environmental conditions. If a resident is or becomes sensitive to environmental conditions that now exist or that come into existence at a future time on or near the Property, the resident at the resident's sole expense - may mitigate those conditions in his home and on his lot, provided the method of
ist or that come into existence at a future time on or near the Property, the resident at the resident's sole expense - may mitigate those conditions in his home and on his lot, provided the method of mitigation does not damage or interfere with the use of another lot or common area, and does not change the appearance of the Property, without approval of the ARC.
3.10. CITY ORDINANCES. No amendment of the Governing Documents nor any act or decision of the Association may violate the requirements of City ordinances pertaining to the Property. The Association should stay informed about the City's requirements for the Property, which may change from time to time.
Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 6 Page 14 of 74 3.11. THRU-STREET DISCLOSURE. On the date of this Declaration, at least one public street within the Property may connect to an adjacent subdivision. By acquiring an ownership or occupancy interest in the Property, each owner and resident acknowledges that public streets in the Property may be thoroughfares to other subdivisions and that Declarant, the Association, and their respective directors, officers, committees, agents, and employees have no control over the City's street system.
3.12. STREETS WITHIN PROPERTY. Because streets within the Property may be capable of being converted from publicly dedicated to privately owned, and vice versa, this Section addresses both conditions. Public streets are part of the common area only to the extent a public or quasi-public body, such as the city, county, or a special district, authorizes
versa, this Section addresses both conditions. Public streets are part of the common area only to the extent a public or quasi-public body, such as the city, county, or a special district, authorizes or delegates to the Association. As to public streets, the Association is specifically authorized to accept from a public or quasi-public body any delegation of street-related duties, and to act as attorney-in-fact for the owners in executing instruments required by applicable law to impose, modify, enforce, or remove restrictions or traffic devices (such as speed bumps) on public streets in the Property. Private streets, if any, are part of the common area which is governed by the Association. If the Property has private streets or if State law or local ordinance authorizes the Association to regulate public streets within the Property, the Association is specifically authorized to adopt, amend, repeal and enforce rules, regulations, and procedures for use of the Property's streets, such as (1) establishing and enforcing speed limits (2) regulating the location, use, and appearance of traffic control devices, such as signs and speed humps, (3) designating parking or no-parking areas, (4) establishing limitations or prohibitions on curbside parking, (5) removing or prohibiting vehicles that violate applicable rules and regulations, (6) fining violations of applicable rules and regulations, and (7) implementing programs for controlling access through entrance and emergency access gates, if any.
ARTICLE 4 PROPERTY EASEMENTS AND RIGHTS 4.1. GENERAL. The easements and rights contained in this Article are in addition to, and not in place of, easements and rights established by other publicly recorded documents, such as the plat and the other Governing
easements and rights contained in this Article are in addition to, and not in place of, easements and rights established by other publicly recorded documents, such as the plat and the other Governing Documents. Neither the Association nor Declarant makes any representation that these are the only noteworthy easements and rights affecting the Property. Every prospective owner and resident must make an independent investigation of easements and rights affecting the Property, and make inquiries of anything that concerns him.
4.2. SURFACE WATER EASEMENT. By acquiring an ownership interest in a lot, each owner acknowledges that surface water does not respect property lines and that, from time to time, water may flow through and over portions of the lot from adjacent and nearby property. Each lot is hereby burdened with a perpetual easement (the "Surface Water Easement") over, across, under, and through the lot for continuous positive drainage of surface or storm water from adjacent and nearby property for the mutual benefit of all lot owners and the Association, regardless of whether or how the Surface Water Easement is shown on a plat or referenced in an instrument of conveyance. No person may interfere with the established drainage pattern over any part of the Property unless an adequate alternative provision for proper drainage has been approved by the board. Specifically, no person may do anything to a lot or to adjacent property to change the positive drainage pattern for Glenwyck.
IF YOUR NOME IS NEXT TO A SUBDIVISION ENTRANCE FROM WEST CLEBURNE OR SOUTH HULEN, YOU HAVE AN "ENTRY LOT" 4.3. EASEMENT FOR ENTRY FEATURES. This Section applies to each below-named "Entry Lot" containing an
R NOME IS NEXT TO A SUBDIVISION ENTRANCE FROM WEST CLEBURNE OR SOUTH HULEN, YOU HAVE AN "ENTRY LOT" 4.3. EASEMENT FOR ENTRY FEATURES. This Section applies to each below-named "Entry Lot" containing an entry feature installed during Build-Out by Declarant or with the approval of Declarant, and replacements or improvements thereof, and may not be construed to require an entry feature for the Property, nor an entry feature at each entrance to the Property. As used in this Section, "Entry Feature" means any improvement installed or maintained by the Association or Declarant at or near an entrance to the Property, such as decorative wood fencing, signage or monuments, landscape elements, and illumination. The Association is hereby granted a perpetual "Entry Feature Easement" over each Entry Lot that contains one or more Entry Features, regardless of whether or how the plat shows the easement or Entry Feature. The purpose of the Entry Feature Easement is to provide for the existence, repair, improvement, and replacement of the Property's Entry Features, to be maintained by the Association as common property. In exercising this Entry Feature Easement, the Association may construct, maintain, improve, and replace improvements reasonably related to the entrance of a residential subdivision. The owner of the Entry Lot will have the continual use and enjoyment of the lot for any purpose that does not interfere with and prevent the Association's use of the Entry Feature Easement. The Appendix B and Appendix C have priority over the main body of this Declaration.
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ain body of this Declaration.
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Page 7 1:16-61600CC-Glenwys_v2 12/05/17 12/15/17 Page 15 of 74 Entry Lot owner may not make any change to an Entry Feature without the Association's prior written approval, which is subject to revocation by the Association. In addition to the easement granted herein, the Association has the temporary right, from time to time, to use as much as the surface of an Entry Lot as may be reasonably necessary for the Association to perform its contemplated work on the Entry Feature Easement. This easement is perpetual. The Entry Feature Easement will terminate when the purpose of the easement ceases to exist, is abandoned by the Association, or becomes impossible to perform. The Association may assign this easement, or any portion thereof, to a public body that agrees to accept the assignment. On recording this Declaration, Declarant burdens the following Entry Lots with the Entry Feature Easement: • Lot 14, Block E, in the utility easement along Tollcross Lane at the South Hulen Street entrance • Lot 1, Block E, in the utility easement along Langside Lane at the South Hulen Street entrance • Lot 20, Block G, in the utility easement along Tollcross Lane at the West Cleburne Road entrance Lot 1, Block H, in the utility easement along Tollcross Lane at the West Cleburne Road entrance • Lot 10, Block H, outside the building line along Govan Lane at the West Cleburne Road entrance 4.4. EASEMENT FOR PERIMETER FEATURES. This Section applies to certain lots on certain perimeters the perimeter of the Property - the "Perimeter Lots" identified below. Generally, these are the lots that are bordered by
PERIMETER FEATURES. This Section applies to certain lots on certain perimeters the perimeter of the Property - the "Perimeter Lots" identified below. Generally, these are the lots that are bordered by a Perimeter Feature that is maintained by the Association. As used in this Section, "Perimeter Feature" means any improvement, such as landscape elements or fencing, (1) that is relatively continuous and uniform along a perimeter of the Property, (2) that is visible to the public (such as facing a street), (3) that was installed during Build-Out by Declarant or with the approval of Declarant, and replacements or improvements thereof, and (4) which the Association is required or permitted to maintain pursuant to the plat, this Declaration, a public ordinance, a development agreement, or a public or quasi-public authority. The Association is hereby granted a perpetual easement (the "Perimeter Feature Easement") over each Perimeter Lot, regardless of whether or how the plat shows the easement of perimeter feature. The purpose of the Perimeter Feature Easement is to provide for the existence, repair, improvement, and replacement of the Property's Perimeter Features, to be maintained by the Association as common property. In exercising this Perimeter Feature Easement, the Association may construct, maintain, improve, and replace improvements reasonably related to identifying or screening a residential subdivision. The owner of a Perimeter Lot will have the continual use and enjoyment of the lot for any purpose that does not interfere with and prevent the Association's use of the Perimeter Feature Easement. In addition to the easement granted herein, the Association has the temporary right, from time to time, to use as much as
fere with and prevent the Association's use of the Perimeter Feature Easement. In addition to the easement granted herein, the Association has the temporary right, from time to time, to use as much as the surface of Perimeter Lot as may be reasonably necessary for the Association to perform its contemplated work on the Perimeter Feature Easement. This easement is perpetual. The Perimeter Feature Easement will terminate when the purpose of the easement ceases to exist, is abandoned by the Association, or becomes impossible to perform. The Association may assign this easement, or any portion thereof to a public body that agrees to accept the assignment. This Perimeter Feature Easement applies only to an original perimeter feature installed by or with the approval of Declarant and replacements thereof, and does not apply or pertain to fences installed by owners on individual lots, even though the lots abut a major thoroughfare. This Section does not pertain to lots and improvements along the Property's south perimeter, which are the South Perimeter Lots referenced in Article 3 above. On recording this Declaration, Declarant burdens the following Perimeter Lots with the Perimeter Feature Easement: • Lots backing up to Columbus Trail and the adjacent common area - Lot 19X, Block A.
Lots backing up to W. Cleburne Rd and the adjacent common areas - Lot 10X, Blk H & Lot 20X, Blk G.
• Lots backing up to S. Hulen Street and the adjacent common area - Lot 14X, Block E.
4.5. OWNER'S EASEMENT OF ENJOYMENT. Every owner is granted a right and easement of enjoyment over the common areas and to use of improvements therein, subject to other rights and easements contained in the Governing
SEMENT OF ENJOYMENT. Every owner is granted a right and easement of enjoyment over the common areas and to use of improvements therein, subject to other rights and easements contained in the Governing Documents. An owner who does not occupy a lot delegates this right of enjoyment to the residents of his lot.
Notwithstanding the foregoing, if a portion of the common area, such as a recreational area, is designed for private use, the Association may temporarily reserve the use of such area for certain persons and purposes.
4.6. OWNER'S INGRESS/EGRESS EASEMENT. Every owner is granted a perpetual easement over the Property's streets, as may be reasonably required, for vehicular ingress to and egress from his lot.
4.7.
OWNER'S RIGHT TO BUILD. That a lot remains vacant and unimproved for a period of years, even decades, does not diminish the right of the lot owner to construct a dwelling on the lot. Nor does a vacant lot enlarge the rights Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 8 Page 16 of 74 of owners of neighboring lots, who may have become so accustomed to the open space that they expect it to remain unimproved forever.
4.8.
RIGHTS OF CITY. The City, including its agents and employees, has the right of immediate access to the common property at all times if necessary for the welfare or protection of the public, to enforce City ordinances, or to improve the appearance of or to preserve public property, pubic easements, or public rights of way. If the Association fails to maintain common property to a standard acceptable to the City, the City may give the Association a written
eserve public property, pubic easements, or public rights of way. If the Association fails to maintain common property to a standard acceptable to the City, the City may give the Association a written demand for maintenance. If the Association fails or refuses to perform the maintenance within a reasonable period of time after receiving the City's written demand (at least 90 days), the City may maintain the common property at the expense of the Association after giving written notice of its intent to do so to the Association. The City may give its notices and demands to any officer, director, or agent of the Association, or alternatively, to each owner of a lot as shown on the City's tax rolls. To fund the City's cost of maintaining common property, the City may levy assessments against the lots and owners in the same manner as if the Association levied a special assessment. The rights of the City under this Section are in addition to other rights and remedies provided by law.
4.9.
ASSOCIATION'S ACCESS EASEMENT. Each owner, by accepting an interest in or title to a lot, whether or not it is so expressed in the instrument of conveyance, grants to the Association an easement of access and entry over, across, under, and through the Property, including without limitation all common areas and the owner's lot and all improvements thereon for the below-described purposes. Access provided by an owner must allow a person to work on the lot without interruption, interference, harassment, or fear, and may not create additional duties for the worker. If the exercise of this easement requires entry onto an owner's lot, the Association will try to limit its entry according to a schedule that is available to owners, or during reasonable hours and after notice to the
of this easement requires entry onto an owner's lot, the Association will try to limit its entry according to a schedule that is available to owners, or during reasonable hours and after notice to the owner, unless entry is a response to a situation that - at time of entry - is deemed by the Association to be an emergency that may result in imminent damage to or loss of life or property. In exercising this easement on an owner's lot, the Association is not liable to the owner for trespass. The Association may not use this Section as authority to enter a locked or occupied dwelling without the prior consent of the lot owner. The Association may exercise this easement of access and entry for the following express purposes: (1) (2) (3) (4) (5) To inspect the lot for compliance with maintenance and architectural standards.
To perform maintenance that is permitted or required of the Association by the Governing Documents or by applicable law.
ficia To perform maintenance that is permitted or required of the owner by the Governing Documents or by applicable law, if the owner fails or refuses to perform such maintenance.
To enforce architectural standards To enforce use restrictions To exercise any self-help remedy permitted by the Governing Documents or by applicable law.
To enforce any other provision of the Governing Documents.
(6) (7) (8) To respond to emergencies.
(9) To assist utility providers as may be necessary to install, maintain, and inspect utilities serving any portion of the Property.
(18) To perform any and all functions or duties of the Association as permitted or required by the Governing Documents or by applicable law.
4.10. UTILITY EASEMENT. As used in this Declaration, "utility" means every utility and utility-type of function,
e Association as permitted or required by the Governing Documents or by applicable law.
4.10. UTILITY EASEMENT. As used in this Declaration, "utility" means every utility and utility-type of function, service, or equipment, whether the provider is public or private, such as (without limitation) water, storm drainage, sewer, trash removal, electricity, fuel, natural gas, telephone, cable television, internet service, fiber optic cable, security, and other telecommunication receiving and distribution systems. This Section may not be construed as a representation that Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 9 14-16CCR-p12/15/17 12/15/17 Page 17 of 74 any particular utility will be provided. The Association may grant permits, licenses, and easements over common areas for utilities, roads, and other purposes necessary for the proper operation of the Property. A company or entity, public or private, furnishing utility service to the Property, is hereby granted an easement over the Property for ingress, egress, meter reading, installation, maintenance, repair, or replacement of utility lines and equipment, and to do anything else necessary to properly maintain and furnish utility service to the Property. The Association may enter into contracts for utility equipment and services for all or portions of the Property, including bulk rate service agreements. Such contract may provide for installation, operation, management, maintenance, and upgrades or modifications to the utility as the Association determines appropriate. Until Build-Out, Declarant must approve any contract for utility service to a vacant
n, management, maintenance, and upgrades or modifications to the utility as the Association determines appropriate. Until Build-Out, Declarant must approve any contract for utility service to a vacant lot. If a particular service or benefit is provided to fewer than all of the lots, or is requested by owners of fewer than all of the lots, the Association may require an owner to pay the service provider directly, or may levy individual assessments against the served lots to fund the expense.
4.11. MINERAL INTERESTS. On the date of this Declaration, it is expected that all mineral interests and water rights will have been reserved by a prior owner of the Property or conveyed pursuant to one or more deeds or other instruments recorded in the Real Property Records of Tarrant County, Texas, including but not limited to rights to all bil, gas, or other minerals and water lying on, in, or under the Property and surface rights of ingress and egress. Because the instruments conveying or reserving mineral interests and water rights were recorded prior to this Declaration, those interests in the Property are superior and are not affected by any provision to the contrary in this Declaration. By accepting title to or interest in a lot, every owner acknowledges the existence of the mineral and water rights or reservations referenced in this Section and the attendant rights in favor of the owner or owners of the mineral interests.
4.12. OIL & GAS ACTIVITY. In the era in which this Declaration is written, there is renewed interest in oil and gas exploration. Owners and occupiers of real property located anywhere in Texas must be aware that activities related to the exploration, drilling, storage, and transportation of oil, gas, and other minerals may occur, from time to time,
of real property located anywhere in Texas must be aware that activities related to the exploration, drilling, storage, and transportation of oil, gas, and other minerals may occur, from time to time, within, adjacent to, or in the vicinity of the real property that is owned or occupied, typically pursuant to prior-recorded easements, rights, reservations, and mineral deeds. Prospective owners and residents of Glenwyck are encouraged to inform themselves about past, current, or potential future oil and gas activity within, adjacent to, or in the vicinity of the Property, and to evaluate the potential effects of such activity on ownership or occupancy of a lot. The Notice of Possible Oil & Gas Activity Affecting the Subdivision attached hereto as Appendix D is incorporated by reference.
4.13. NOTICE OF LIMITATION ON LIABILITY. The development of the Property occurs during a period when many local governments are trying to be absolved of liability for flood damage to private property. As a condition of plat approval, a governmental entity may require a plat note that not only disavows the entity's liability for flood damage, but affirmatively assigns the liability to the Association. Declarant does not intend or desire to impose such absolute liability on the nonprofit association of lot owners. Notwithstanding plat notes or public codes or ordinances now in existence or hereafter created, the Association canhot and should not be liable for acts of God or for property damage that is not the result of the Association's negligence or wilful misconduct. On behalf of the Association, Declarant hereby gives notice that the Association does not accept liabilities imposed by a governmental entity for which the Association cannot obtain
wilful misconduct. On behalf of the Association, Declarant hereby gives notice that the Association does not accept liabilities imposed by a governmental entity for which the Association cannot obtain insurance at a reasonable cost, or for which its members refuse to fund reserve accounts at levels sufficiently high to pay the damages for which the governmental entity may seek to make the Association liable. This notice is not intended to create a liability for any governmental entity. Further, this notice may not be construed to create a duty for the Association to obtain insurance or to fund reserve accounts for damage from rising waters.
5.1.
Qu ARTICLE 5 COMMON PROPERTY OWNERSHIP. The designation of real or personal property as common property may be determined by the plat, this Declaration) the Appraisal District, a taxing authority, a recorded deed into the Association, or any combination of these. Mere ownership of the property is not determinative. All costs attributable to common property, such as (if applicable) maintenance, property taxes, insurance, and enhancements, are automatically the responsibility of the Association, regardless of the nature of title to the common property, unless this Declaration elsewhere provides for a different allocation for a specific common area.
USE. The Association determines the use of every common area, and may change the use from time to time. As a general rule, a common area may be used only for the purposes for which the common area is designed, uses that are customary for that type of common area, and uses authorized by the Association. No portion of a common area 5.2.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK
orized by the Association. No portion of a common area 5.2.
Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 10 *116-61400-12/15/17 - 12/03/07 Page 18 of 74 may be "privatized" or used as an extension of a home or yard. On the date of this Declaration, the Property's common areas are intended for the exclusive use of the Property's owners and residents and their guests and are not intended to be a public accommodation or a public facility within the meaning of the Americans with Disabilities Act. This provision may not be construed to prevent the Association from enlarging the use of a common area if such expansion is deemed to be in the best interest of the Association, or from opening a common area to use by the public if public use is a condition of a status or benefit that is deemed to be in the best interest of the Association.
5.3.
CHANGE OF USE. From time to time, the Association may modify common property on a temporary or longterm basis, such as to respond to changes of lifestyles, economies, environmental conditions, public policies, or recreational values, provided (1) the board deems the modification to be in the Association's best interest and (2) the modification does not violate an agreement with or requirement of a public or quasi-public entity without the entity's written approval of the modification. Modification includes (without limitation) a change of use, or the removal addition, re-location, or change of improvements on a common area or improvements that are common property. In connection with the modification, the board may adopt use rules specific to the modification and may limit the applicability of
provements on a common area or improvements that are common property. In connection with the modification, the board may adopt use rules specific to the modification and may limit the applicability of common area use rules that are not applicable to the modification - without amending this Declaration. Unless required by a public or quasi-public entity, a modification does not require an amendment of this Declaration or of the plat, even if a common area was platted or improved for a particular use.
5.4. CONVEYANCE BY OR TO ASSOCIATION. The Association, acting through its board, must accept or convey a real property interest in a common area from or to, as the case may be, Declarant, a special district, a local government, or any other public or quasi-public entity, if the conveyance is required by the Declarant, district, government, or entity, or if the conveyance is necessary to fulfill the original development plan for the Property or to adjust to a change in the original development plan. The Association, acting through its board, may accept or convey a real property interest in a common area from any other person or entity if the board deems such conveyance to be in the best interest of the Association and if the conveyance does not result in a significant or adverse change of land use for residents of the Property. Any other conveyance of a common area, except to and from Declarant, or with Declarant's approval, must be approved by the board and by owners of at least a majority of the lots. Property interests capable of conveyance include, without limitation, fee title to all or part of a common area, an easement across real property, and a lease or license of real property. Notwithstanding anything to the contrary in this Declaration, if the Property is subject
tle to all or part of a common area, an easement across real property, and a lease or license of real property. Notwithstanding anything to the contrary in this Declaration, if the Property is subject to a special district, the special district may acquire responsibility for, control of, or ownership of what has been designated a common area. The authority of the special district is superior to that of the Association.
5.5.
COMMON PROPERTY IS "AS IS" ON ANY DAY - EVERY DAY.
ACCEPTANCE. Each owner, accepting an interest in or title to a lot in Glenwyck, whether or not it is so expressed in the instrument of conveyance, acknowledges, understands, accepts, and agrees to each of the following statements: (1) (2) (3) The common property and any improvements are acceptable to owner in its then-existing "AS IS" condition.
During ownership of the lot, all aspects of common area improvements are subject to change, such as deterioration from normal wear and tear, and that the "AS IS" condition of common property at time of owner's sale may be different possibly worse than the "AS IS" condition at time of owner's purchase.
The Association is authorized to make decisions pertaining to common property, including decisions about maintenance, repair, and replacement.
The Association's maintenance of common property is continuous, regardless of changes in the Association's board of directors or management, including transfer of control from Declarant to the owners.
Accordingly, an outgoing director, manager, or Declarant has no duty to pay for common property improvements as a condition of leaving office.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK
mon property improvements as a condition of leaving office.
Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 11 Page 19 of 74 (5) 5.6.
A common area conveyed to the Association by or through the Declarant or by a third party with Declarant's approval is a ministerial task that does not require the Association's acceptance of title or condition, all of which are deemed to be accepted by the Association, "AS IS".
COMPONENTS. Common property may be improved or unimproved, and may consist of fee simple title, easements, leases, licenses, or other real or personal property interests. The common property of the Property consists of the following components on, within, or adjacent to the Property, even if located on a lot, land adjacent to the Property, or a public right-of-way: Any land or interest in real property conveyed to the Association for use as a common area.
The formal entrances to the Property, if any.
(1) (2) (3) Any area shown on the plat as common area or an area to be maintained by the Association.
Any land described as common area in Appendix A of this Declaration, or in a supplemental declaration, and all improvements thereon.
(4) +Copy (5) (6) (7) (8) (9) (10) Screening features (if any) along a street on a perimeter of the Property, to the extent that the Association has a right or duty to maintain a screening feature.
The right-of-way of a street on the perimeter of the Property, to the extent the Association has a right or duty to maintain or regulate that portion of the right-of-way.
maintain a screening feature.
The right-of-way of a street on the perimeter of the Property, to the extent the Association has a right or duty to maintain or regulate that portion of the right-of-way.
The grounds between a street on the perimeter of the Property and the screening feature, if any, to the extent the Association has a right or duty to maintain or regulate that portion of the right-of-way.
Landscaping on street islands (if any), to the extent it is not maintained by a public or quasi-public entity.
Any modification, replacement, or addition to dditions the above-described areas and improvements.
Personal property owned by the Association, such as books and records, office equipment, supplies, and furniture.
5.7. LIMITED COMMON AREA. If the board determines it to be in the Association's best interest, the board may limit use of a portion of the common area to one or more tots for the sole and exclusive use of the lot owner, as a limited common area, whether or not the area is so designated on the plat, by license, lease, or other revocable agreement.
Inherent in the limiting of a common area, maintenance of the limited common area becomes the responsibility of the lot owner to whom use is limited. For example, a common area that is difficult to access and maintain except via the adjoining house lot might be a candidate for limited common area. Similarly, the Association has the right, but not the duty, to accept maintenance responsibility for a nominal portion of a lot or an improvement thereon for which the Association is better positioned than the owner to access and maintain, such as the edge of a lot that is adjacent to a common area.
5.8.
PERSONAL RESPONSIBILITY. Each owner, by accepting an interest in or title to a lot in Glenwyck, whether
owner to access and maintain, such as the edge of a lot that is adjacent to a common area.
5.8.
PERSONAL RESPONSIBILITY. Each owner, by accepting an interest in or title to a lot in Glenwyck, whether or not it is so expressed in the instrument of conveyance, and each resident of Glenwyck, by occupying a home in the Property, acknowledges, understands, and agrees to each of the following statements, for himself, the members of his household, and his and their guests: (2) Each owner and resident agrees to be informed about and to comply with the published or posted common area rules of Glenwyck.
The use and enjoyment of the Property's common areas involve risk of personal injury, risk of death, and risk of damage or loss to property, all of which risks are assumed by each person using the Property's common areas.
Appendix B and Appendix C have priority over the main body of this Declaration.
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Parents, guardians, hosts, caretakers, and supervisors are at all times responsible for the well being and safety of their children and guests in their use of the Property's common areas.
The Association, Declarant, Builders, and their respective directors, officers, committees, agents, and employees are not providers, insurers, or guarantors of personal safety in or on the common areas of Glenwyck.
The Association, Declarant, Builders, and their respective directors, officers, committees, agents, and employees have made no representations or warranties - verbal or written - relating to safety or lack of risks pertaining to the common areas of Glenwyck.
directors, officers, committees, agents, and employees have made no representations or warranties - verbal or written - relating to safety or lack of risks pertaining to the common areas of Glenwyck.
Each owner and resident agrees to educate the members of his household and his and their guests about the risks, responsibilities, and releases from liability contained in this Article.
ARTICLE 6 ARCHITECTURAL COVENANTS & USE RESTRICTIONS py GENERAL PROVISIONS. Because the lots are part of a single community, this Declaration creates rights to oversee the design, use, and appearance of lots and homes in order to preserve and enhance the Property's value and to respond to the Architectural Reviewer's vision for the Property, as the vision evolves over time. The use and appearance of the Property are at all times subject to rules and restrictions contained in Governing Documents, such as this Declaration and the Owners Manual, and applicable law, as each may be amended and supplemented from time to time, and to future rules and restrictions adopted pursuant to this Declaration or applicable law.
6.1.1. Applicability. This Article pertains to visible (as defined below) additions and changes to a lot and to anything on the lot, such as the dwelling and fences. This Article purposefully distinguishes between vacant and improved lots because of the separation of approval authorities the ARC has authority over improved lots, the Declarant or its appointed Architectural Reviewer has authority over vacant lots. If a provision of this Article or any Governing Document, such as the Owners Manual, is not clear as to its applicability, it will be construed to apply only to lots which have been used for residential purposes, and only to improvements which are visible additions
the Owners Manual, is not clear as to its applicability, it will be construed to apply only to lots which have been used for residential purposes, and only to improvements which are visible additions or changes.
6.1.2. Improvement. The words "Improved and improvement" do not have precise definitions and must be construed in light of the context in which used. "Improved lot" generally means a lot on which an approved dwelling has been constructed and completed, or a lot that is used for residential purposes in connection with the dwelling on the adjacent lot. "Improvement has multiple meanings, such as (1) any item of construction (the house is an improvement on the lot) and (2) only a change or addition to an existing item of construction (the shutters are an improvement to the home's front facade).
BEAUTY IS IN THE EYE OF THE BEHOLDER.
THE PROPERTY'S BEHOLDER IS THE ARC.
6.1.3 Community Standard. As used in the Governing Documents, a term such as "community standard" or "subdivision standard" or "neighborhood standard" is an evolving flexible measure of the use and appearance of the Property as a pleasant and visually harmonious residential neighborhood. It requires compatibility, but not uniformity - harmony, but not sameness. The community standard is expected to change over time as materials, technologies, tastes, lifestyles, and values change, and as landscaping matures. Even though a community standard may be difficult to articulate, a violation of the community standard should be easy to identify as something unattractive, inappropriate, or otherwise unsuitable for the Property from the perspective of a reasonable person, taking into consideration prevailing public policy and community sensibilities. "Community
ractive, inappropriate, or otherwise unsuitable for the Property from the perspective of a reasonable person, taking into consideration prevailing public policy and community sensibilities. "Community standard" applies because as a practical matter the Governing Documents can not anticipate or dictate every possible use of a lot or dwelling.
6.1.4.
Visibility & Context. As used in the Governing Documents, terms such as "screened" and "visible" are in relation to the view of an average person sitting in a passenger vehicle driving on a street, or the Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK © 2017. Sharon Reuler, P.C. All Rights Reserved.
Page 13 Page 21 of 74 view of a person of average height standing flat-footed at least 20 feet away from the property line, as appropriate for the context. It does not pertain to a view from overhead or from a second floor window. Also, it must not require a person to strain to see the perceived violation. A perceived violation must be readily - easily - viewable, usually from afar, to be "visible" or "not screened" to be actionable. Depending on circumstances and location, partial or substantial compliance with an architectural requirement - rather than strict compliance - may be sufficient. The board may determine what constitutes a visible item or adequate screening on a case-by-case and location-by-location basis, for purposes of applying a particular rule. It is within the sole discretion of the ARC to determine whether a certain visible item in a particular location is sufficiently visible to constitute an actionable
oses of applying a particular rule. It is within the sole discretion of the ARC to determine whether a certain visible item in a particular location is sufficiently visible to constitute an actionable violation of a rule. For example, a violation on a lot near the Property's entrance - because of the lot's visibility may be more actionable than the same violation on a lot in the back corner of the Property. Similarly, a violation on a home that is surrounded by substantial mature landscaping may be less noticeable, and hence less actionable, than the same violation on a lot with sparse landscaping.
6.1.5. Purposes. One purpose of this Article is to require that proposed visible additions and changes to a lot be subject to review, approval, and disapproval. Another purpose is to promote and ensure the level of taste, design, and quality by which improved lots in the Property are maintained, modified, and further improved over time. A third purpose is to prevent visible modifications on improved lots that may be considered to be radical, curious, odd, bizarre, or peculiar in comparison to then existing improvements or the evolving architectural vision for the Property. A fourth purpose is to regulate the appearance of every aspect of proposed or existing visible improvements on and to an improved lot, including but not limited to replacement dwellings, additions, fences, landscaping, retaining walls, yard art, sidewalks and driveways.
6.1.6. Independent Requirements. Visible changes and additions to a lot must (1) have the ARC's prior written approval, (2) comply with applicable public codes and ordinances, (3) have a building permit issued by the appropriate local government, if applicable and if the type of improvement requires a permit, and (4) comply with
with applicable public codes and ordinances, (3) have a building permit issued by the appropriate local government, if applicable and if the type of improvement requires a permit, and (4) comply with the specifications and restrictions of the Declaration and Owners Manual, unless a waiver or variance has been granted. These four requirements are independent - one does not ensure or eliminate the need for another. If different sources of specifications address the same improvement, the source with the more stringent specification controls.
6.1.7.
Vested Rights. As a general rule, an owner may rely on written approval from the Association acting through the ARC or board, for as long as the approved item, improvement, or use, or its substantially equivalent replacement, exists and is adequately maintained. If the Association adopts new standards for the Property, such as a change of fence stain color, the owner of a previously approved item, improvement, or use is expected to incorporate the new standard in connection with maintenance or replacement of the item, improvement, or use.
OWNERS CAN MAKE SOME CHANGES WITHOUT ARC APPROVAL 6.2.
ALLOWED ACTIVITIES. It is a high-wire balancing act to maintain the architectural integrity of the Property while allowing the owners to have a degree of autonomy over their yards and homes. The purpose of this Section is to carve-out certain appearance related activities that may be performed by the owner without obtaining the prior approval of the ARC, and to inform the ARC that this Article and architectural control, in general, are not intended to regulate every action on every lot. The measure of subjective terms like "short-term," "temporary," "customary," and "reasonable" is
Article and architectural control, in general, are not intended to regulate every action on every lot. The measure of subjective terms like "short-term," "temporary," "customary," and "reasonable" is determined on a case-by-case basis and must reflect the totality of the circumstances, such as the scope of the work, environmental conditions and the availability of materials and labor. This Section controls over anything to the contrary in this Article.
6.2.1. Exemption for Temporary Conditions. To be exempt from ARC-approval, any of the following activities must be necessary, temporary, short-term, and not-reoccurring: • Warranty work by a builder or contractor.
• Temporary treatments or repairs to damaged improvements pending permanent repairs.
• Temporary removal of fences in connection with a short-term project on the lot.
Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 14 1.1.16-61001 - 12/15/17 10 12/15/17 Page 22 of 74 Temporary use of unfenced yards and driveways for material storage or waste disposal in connection with a short-term project on the lot.
6.2.2. Exemption for Like-for-Like Activities. To be exempt from ARC-approval, any of the following activities must be substantially like-for-like in appearance, so there is not a noticeable significant change to visible parts of the lot or dwelling: • Maintain, repair, or reconstruct the lot and dwelling or other improvements.
⚫ Rebuild according to original or previously-approved plans and specifications.
• Repaint exteriors according to an ARC-approved color scheme.
6.3.
nstruct the lot and dwelling or other improvements.
⚫ Rebuild according to original or previously-approved plans and specifications.
• Repaint exteriors according to an ARC-approved color scheme.
6.3.
OWNER'S DUTY. By accepting an interest in or title to a vacant or improved lot in Glenwyck, each owner covenants to make no visible changes or additions to the owner's lot or to improvements on the lot without the Architectural Reviewer's prior written approval ~ the ARC being the Architectural Reviewer for improved lots - if the change or addition is visible and noticeably affects the appearance of improvements on the lot. Also, each owner of a vacant or improved lot in Glenwyck, and each resident of Glenwyck, by occupying a home in the Property, acknowledges that the improvement, modification, appearance, maintenance, and use of the lot and home are regulated by the Governing Documents, in particular this Declaration and the Owners Manual. Each owner and resident further covenants to comply with and conform to the applicable rules and restrictions for the Property. Also, each owner and resident will follow the customary procedures for applying for an approval, waiver, or variance by the board or the ARC, as applicable, and will abide by the outcome. Each owner of a vacant lot will follow the customary procedures of the Architectural Reviewer for vacant lots.
6.4.
DEFAULT-BASED DENIAL. The purpose of this Section is to give the Association leverage over an owner or lot in default by making certain privileges contingent on curing the default. This Section pertains to every owner and lot (other than Declarant and Declarant-owned lots) for which the assessment account is delinquent or the lot has an
ivileges contingent on curing the default. This Section pertains to every owner and lot (other than Declarant and Declarant-owned lots) for which the assessment account is delinquent or the lot has an uncured violation that is visible from the street and which adversely affects the appearance of the lot, a status which is hereafter referred to being "in default." On a case-by-case basis, tailored to the circumstances, the Association and Architectural Reviewer have the discretionary right, but not the duty to disqualify or deny a request for a variance or for approval of a change affecting the use or appearance of a lot solely on the grounds that the requesting owner or the owner's lot is in default, provided the owner has received written notice of the default and a reasonable opportunity to cure same. A disqualification or denial based on this Section must state the reason for disqualification or denial and the action required to qualify the request for consideration. Curing a default does not guaranty that the owner's request will be approved when re-submitted. Anything to the contrary in this Declaration or any other Governing Document must be construed in light of the discretionary authority created by this Section.
6.5. SPECIFICATION SOURCES Specifications for the construction of initial improvements on vacant lots are not published in this Declaration or in the Owners Manual, and may be part of a private agreement between Declarant and a Builder. The specifications sontained in the Owners Manual were selected from the multitudes because of their potential applicability to the daily use of the improved lots and the expectation that owners may try to modify their
sontained in the Owners Manual were selected from the multitudes because of their potential applicability to the daily use of the improved lots and the expectation that owners may try to modify their houses, fences, and yards. Also, additional or fewer specifications or variations of the requirements in the Owners Manual may be included in restrictions that are specific to certain lots, a designated neighborhood, or a particular phase of the Property, and may be included in a supplemental declaration or amendment of annexation, by which a phase or section of real property is added to Glenwyck. This Section serves as notice of multiple sources of specifications pertaining to the initial construction or subsequent modification of improvements in Glenwyck.
6.6. OWNERS MANUAL. The initial rules and regulations for the use, maintenance, and appearance of lots are compiled as chapters of a single publication, the Owners Manual. The provisions of the Owners Manual regulate every improved lot in the Property and specifically pertain to (1) modification of an existing home and other improvements on an improved lot, (2) reconstruction of an existing home and other improvements on an improved lot, (3) additions to an existing home and other improvements on an improved lot, and (4) the use and appearance of an improved lot. Because it is not necessary to republish the entire Owners Manual with every change and supplement, over time the Owners Manual may consist of multiple documents. Also, a lot may be subject to additional or different specifications in a publicly recorded instrument to which particular lots are subject. This Section applies to all rules and regulations for the use,
o, a lot may be subject to additional or different specifications in a publicly recorded instrument to which particular lots are subject. This Section applies to all rules and regulations for the use, maintenance, and appearance of lot, without regard to how the rule is published or whether it references this Section or the Owners Manual. The placement of a rule or restriction in a particular chapter of the Owners Manual is not intended Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 15 Page 23 of 74 to limit the applicability of that rule or restriction. Therefore, no person - or the Association - should rely on a single chapter or section of the Owners Manual as the complete treatment of a topic. The entire Owners Manual, as amended or supplemented from time to time, must be consulted to determine whether and how a particular matter is addressed.
In addition to the Owners Manual, a lot may be subject to additional or different specifications in a publicly recorded instrument to which a particular lot is subject. The background explanation provided in this Section may not be invoked by an owner as a justification for the owner's noncompliance.
6.6.1.
~ Backstory. The original Governing Documents, including the Owners Manual, are drafted when the Property is raw land before buildings, before residents, before Glenwyck becomes a neighborhood with a personality. Declarant imposes limits on what can be done with a home and yard to support the Build-Out and Sell-Out of new homes in the Property. Declarant also believes that the restrictions serve the long term best
arant imposes limits on what can be done with a home and yard to support the Build-Out and Sell-Out of new homes in the Property. Declarant also believes that the restrictions serve the long term best interests of the community of owners.
6.6.2.
Balancing Interests. Neighborhood appearance and quality of life may affect the value of a home, which is often an owner's largest investment. At the same time, a home is where real people live. In applying the Owners Manual, the board and the Architectural Reviewer are expected to balance the overall perspective of the Property and the collective needs of the community of owners with the rights of individual owners to use and enjoy their homes with a degree of autonomy. Similarly, owners may be required to temper their expectations. An owner who expects the Association to continually enforce every restriction against all lots to the nth degree may be disappointed. Similarly, an owner who expects to be able to do whatever he wants with his home and yard without suffering consequences may be disappointed. The "sweet spot" of community contentment is somewhere between the two extremes of no enforcement and constant strict enforcement.
6.6.3.
FAIRNESS IS DESIRED & ASPIRED BUT NOT GUARANTEED Authority for Flexibility. The original Governing Documents contain provisions that authorize the board, under certain circumstances, to tolerate violations, to grant variances, and to be flexible in its enforcement of the restrictions. That authority belongs to the board, in its sole discretion, acting in what it considers to be the best interests of the community of owners. Individual owners do not have corresponding rights under the Governing Documents to demand a waiver from the Association or to demand enforcement by the Association.
erests of the community of owners. Individual owners do not have corresponding rights under the Governing Documents to demand a waiver from the Association or to demand enforcement by the Association.
Each owner is expected to honor the authority of the Association to enforce any restriction to which the owner and his lot are subject, and to accept that the board may use its discretion in enforcing the restrictions against owners and lots.
6.6.4.
Changing Times. Over time, the Association may have reason to modify the restrictions or to change its interpretation or enforcement of the restrictions. Why? For a variety of reasons, such as to keep pace with changes in the values and lifestyles of residents, to address new technologies and materials, to reflect the Property's maturity, to eliminate restrictions that are more burdensome than beneficial, to respond to environmental or economic conditions, and to embrace changes of public policy and applicable law. Accordingly, some aspects of the Owners Manual will need to be changed from time to time. In the meantime, every provision of the Owners Manual is aspirational as well as enforceable.
6.7.
ARCHITECTURAL REVIEW COMMITTEE. The Architectural Review Committee (the "ARC") is a committee of the Association. The ARC will consist of at least 3 but not more than 7 persons appointed by the board, pursuant to the Bylaws. Members of the ARC serve at the pleasure of the board and may be removed and replaced at the board's discretion. Members of the ARC need not be owners or residents. The board may serve as the ARC and may appoint directors to the ARC. The Association may hire professionals such as architects, engineers, and design consultants - to serve on or to advise the ARC at a compensation determined by the board.
.
point directors to the ARC. The Association may hire professionals such as architects, engineers, and design consultants - to serve on or to advise the ARC at a compensation determined by the board.
.
6.7.1. Limits on Liability. The ARC and each of its members has no liability for decisions made in good faith by the ARC, and which are not arbitrary or capricious. The ARC is not responsible for: (1) errors in or omissions from the plans and specifications submitted to the ARC, (2) supervising construction for the owner's compliance with approved plans and specifications, or (3) the compliance of the owner's plans and specifications with governmental codes and ordinances, and public laws.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK 2017. Sharon Reuler, P.C. All Rights Reserved.
Page 16 16-10CCM-2 pd 12/13/17 rd#12/11/17 Page 24 of 74 6.7.2. Discretion. The ARC may exercise discretion with respect to taste, design, and all standards specified by the Governing Documents.
6.7.3. Variations. All lots are not similarly situated. One lot may be more visible than others because of its location, size, elevation, orientation, or landscaping. For example, a corner lot or a lot at the Property's entrance is typically more visible than an interior lot. The ARC may vary its interpretation and enforcement of specifications, use restrictions, and rules based, in part, on a lot's location or visibility - provided the ARC tries to treat similarlysituated lots or circumstances in like manner.
6.7.4. Appeal of ARC Decision. An owner may appeal to the board any decision by the ARC to deny the
sibility - provided the ARC tries to treat similarlysituated lots or circumstances in like manner.
6.7.4. Appeal of ARC Decision. An owner may appeal to the board any decision by the ARC to deny the owner's application or to approve the owner's application only if certain changes are made. The owner must submit a written application for appeal to the board, with a copy to the ARC, within 60 days after the ARC's decision. The board may affirm, overrule, or modify the ARC's decision. If the board acts as the ARC, the owner may appeal to the board at an open board meeting or in executive session, the choice being solely at the discretion of the owner.
6.8.
BEFORE CHANGING THE APPEARANCE OF YOUR LOT OR THE OUTSIDE OF YOUR HOME, APPLY FOR WRITTEN APPROVAL OF THE ART.
ARC APPROVAL REQUIRED. Without ARC approval, a person may not re-construct a dwelling or make an addition, alteration, improvement, installation, modification, redecoration, or reconstruction of or to an improved lot, or to a vacant lot owned by a person other than Declarant or a Builder, if (1) it is expected to have an adverse affect on the general value or appearance of the neighborhood, or (2) it will be visible from a street or common area and it changes the appearance of the lot or dwelling. The ARC has the right but not the duty to evaluate every aspect of construction, landscaping, and property use that may adversely affect the general value or appearance of the Property. Without the ARC's prior written approval for a variance, alterations and additions to an improved lot, or to a vacant lot owned by a person other than Declarant or a Builder, must have the characteristics described in the Owners Manual. In case of conflict
alterations and additions to an improved lot, or to a vacant lot owned by a person other than Declarant or a Builder, must have the characteristics described in the Owners Manual. In case of conflict between the terms of this Article or the Owners Manual, and a restriction or guideline that pertains directly to the portion of the Property in which a lot is located, the more lot specific restriction controls. The ARC may supplement this Article and the Owners Manual with interpretations, explanations, and adaptations. An owner should review the Association's architectural restrictions and requirements before planning of initiating visible changes, repairs, or replacements to his lot and dwelling.
6.9. APPLICATION FOR APPROVAL. To request architectural approval, an owner must make written application to the applicable Architectural Reviewer and submit plans and specifications showing the nature, kind, shape, color, size, materials, and locations of the work to be performed. In support of the application, the owner of an improved lot may but is not required to submit letters of support or non-opposition from owners of lots that may be affected by the proposed change. The application must clearly identify any requirement of this Declaration or the Owners Manual for which a variance is sought. The Architectural Reviewer's response to the applicant must be in writing and may be similar to "Approved," "Approved with Conditions," "Denied," or "More Information Required." ANY RESPONSE OTHER THAN "APPROVED" IS A DENIAL EVEN IF "DENIED" IS NOT USED, 6.9.1. No Deemed Variances. If the Architectural Reviewer approves an application for work that requires a variance, without granting the variance, the approval is void. Applicant is solely responsible for performing due
iances. If the Architectural Reviewer approves an application for work that requires a variance, without granting the variance, the approval is void. Applicant is solely responsible for performing due diligence to identify any land use restriction that relates to the proposed work, such as (without limitation) plat notes, setbacks, easements, and specifications in the Owners Manual, and for providing that information to the Architectural Reviewer with the application. If the proposed work requires a variance, applicant must apply for a specific variance and may not perform any work unless the specific variance is granted in writing by the Architectural Reviewer. Applicant must provide the Architectural Reviewer with actual notice of the restriction for which a variance is required and may not assume that the Architectural Reviewer has complete knowledge of restrictions and limitations on applicant's lot. Constructive and inquiry notice to the Architectural Reviewer are not sufficient for purposes of this Section.
6.9.2. Written versus Verbal Response. In the era in which this Declaration is written, some forms of writing - such as text messages, tweets, and online chats and messengers - are substitutes for conversation. For purposes of this Section, all "writings" are not equal. To qualify as "written approval" the writing must have Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK Page 17 2017. Sharon Reuler, P.C. All Rights Reserved.
Page 25 of 74 certain FORMALITIES, such as (1) being in a form that can be easily preserved as a permanent record of the
ron Reuler, P.C. All Rights Reserved.
Page 25 of 74 certain FORMALITIES, such as (1) being in a form that can be easily preserved as a permanent record of the Association, (2) clearly identifying the lot and its owner, (3) referencing the application with enough detail to provide certainty about which application is being approved (or denied), and (4) citing the signer's authority for writing on behalf of the Architectural Reviewer. Any other communication - verbal or written - does not constitute architectural approval by the appropriate Architectural Reviewer, even if issued by an Association director or officer, a member of the ARC, the Association's manager, or Declarant.
6.9.3.
VERBAL APPROVAL DOESN'T COUNT 2 Method of Submission. Electronic submission with digital files is permitted. If the submission is by paper, the applicant must submit two identical sets of plans and specifications - one set to be retained by the Architectural Reviewer, the other set to be returned to the applicant marked with the Architectural Reviewer's response.
6.9.4.
6.9.5.
No Approval Required. No approval is required for the "Allowed Activities" described above.
Building Permit. If the application is for work that requires a building permit from a governmental body, the ARC's approval is automatically and implicitly conditioned on the issuance of the appropriate permit. The ARC's approval of plans and specifications does not mean that they comply with the requirements of the governmental body. Alternatively, issuance of a building permit does not ensure ARC approval.
6.9.6. Neighbor Input. The ARC may solicit comments on the application, such as from owners or
ents of the governmental body. Alternatively, issuance of a building permit does not ensure ARC approval.
6.9.6. Neighbor Input. The ARC may solicit comments on the application, such as from owners or residents of lots that may be affected by the proposed change, or from which the proposed change may be visible.
Whether to solicit comments, from whom to solicit comments, and whether to make the comments available to the applicant are solely at the discretion of the ARC. The ARC is not required to respond to the commenters in ruling on the application.
6.9.7. Initial Variances for Vacant Lots. A lot does not come within the jurisdiction of the ARC until the initial improvements on a vacant lot have been completed. An aspect of an initial improvement that is contrary to this Declaration or the Owners Manual may have been granted a variance by the Architectural Reviewer for vacant lots.
6.10. TIME LIMITS. In approving an application, the Architectural Reviewer may specify maximum dates for starting and completing the proposed work which dates may be tailored to the circumstances of the application and the nature of the proposed work. If the work has not commenced within 60 days after the specified start date, the approval is void and the owner must re-apply for approval. Once started, the work must be completed with due diligence. In the absence of time periods specified in the Architectural Reviewer's approval, the work must be started within 60 days from the date of application approval, and must be completed within 90 days from the date the work commences. In most cases, the commencement of work must be apparent at a site inspection and does not pertain to planning. The deadlines
al, and must be completed within 90 days from the date the work commences. In most cases, the commencement of work must be apparent at a site inspection and does not pertain to planning. The deadlines of this Section are subject to force majeure and may be extended if the approved work cannot be started or completed due to causes that are outside the control of the owner and its contractors and which could not be evaded through the exercise of due care such as natural disasters. An approval automatically expires on the earlier of completion of the work for which approval was granted, or one year after date of approval. This Section does not apply to improvements made by Declarant or to the construction of new homes.
6.N. REASONABLE ACCOMMODATION FOR HANDICAP. To the extent required by applicable law and subject to the requirements of this Section, the Architectural Reviewer will accept an application for "reasonable accommodation" (within the context of Fair Housing Acts) by or for a person with a valid handicap that qualifies for protection under the Fair Housing Act. The Architectural Reviewer may require adequate documentation of the handicapped person's qualification for Fair Housing Act protection as a condition of reviewing the application. To the extent permitted by applicable law, the Architectural Reviewer may specify aspects of the reasonable accommodation that affect the appearance and value of the Property, and the right to choose an alternate method for the reasonable accommodation.
No reasonable accommodation for a handicap is permitted on portions of the Property that are visible from a street or common area without the prior written approval of the Architectural Reviewer.
Appendix B and Appendix C have priority over the main body of this Declaration.
Property that are visible from a street or common area without the prior written approval of the Architectural Reviewer.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK © 2017. Sharon Reuler, P.C. All Rights Reserved.
Page 18 Page 26 of 74 6.12. ACCESSORY DWELLING UNIT. This Declaration is drafted in an era in which the concept of "accessory dwelling units" or "ADUS" is reaching the local market. No provision of any Governing Document may be construed or enforced in a way that penalizes or refuses to recognize a lot's ADU feature if the feature is allowed by the City and is built by Declarant or approved by the Architectural Reviewer. The existence or occupancy of an ADU on a single-family lot does not convert the single-family lot into a multi-family lot, and does not convert a single-family dwelling into a multi-family structure. Two or more entry doors on a single-family dwelling with an ADU is allowed. This Section recognizes "single-family" and "multi-family" as terms pertaining to governmental building codes, platting requirements, and zoning ordinances, not to a layman's use of the terms.
6.13. CO-ADJACENT LOT. This Section applies to Glenwyck as long as applicable law defines "adjacent lot" and "residential purpose" as it does in Property Code Sec. 209.015 in effect on the date of this Declaration. This Declaration, the Owners Manual, and the other Governing Documents are drafted with the expectation that every platted residential lot owned by a person other than Declarant will be improved with a dwelling, unless the lot is conveyed to the Association
ing Documents are drafted with the expectation that every platted residential lot owned by a person other than Declarant will be improved with a dwelling, unless the lot is conveyed to the Association or to a Public Agency. This Section pertains to the atypical situation of a vacant lot (the "Co-Adjacent Lot") that is adjacent to a lot with a dwelling (the "Dwelling Lot"), and is used in conjunction with the Dwelling Lot, both lots having the same owner ~ a situation which is addressed by State law. Because there may be no Co-Adjacent Lot in the Property, this Declaration, the Owners Manual, and the other Governing Documents do not specifically address how provisions intended for lots improved with dwellings are to be applied to Co-Adjacent Lots. Therefore, notwithstanding anything to the contrary in a Governing Document, the following provisions apply. A Co-Adjacent Lot may be used by the owner of the Dwelling Lot only for "residential purposes" as defined by applicable law, or for any additional purpose permitted by the Architectural Reviewer. Notwithstanding provisions (if any) specific to vacant lots in the Property, a Co-Adjacent Lot is subject to the same assessment liability, at the same rate, as the Dwelling Lot with which it is paired. On a case-by-case basis and to the full extent permitted by applicable law, the Architectural Reviewer may establish and enforce additional or different criteria and specifications for every aspect of the use, maintenance, appearance, and improvement of the Co-Adjacent Lot, including (without limitation) screening, landscaping, and construction specifications. By owning a Dwelling Lot and a Co-Adjacent Lot, the owner acknowledges that (to the full extent permitted by applicable law) (1) this
mitation) screening, landscaping, and construction specifications. By owning a Dwelling Lot and a Co-Adjacent Lot, the owner acknowledges that (to the full extent permitted by applicable law) (1) this Section applies to the Co-Adjacent Lot and controls over any provision to the contrary elsewhere in the Governing Documents; (2) a Co-Adjacent Lot may not be used or improved without the prior written approval of the Architectural Reviewer; (3) in reviewing an application for uses or improvements on the Co-Adjacent Lot, the Architectural Reviewer may require additional information specific to the proposed use of improvement; (4) the Architectural Reviewer may establish lot-specific criteria and specifications that are different from or in addition to requirements for lots improved with dwellings, and tailored to the location and visibility of the Co-Adjacent Lot; and (5) the conditioned approval for the Co-Adjacent Lot may be in the form of a covenant agreement to be signed and acknowledged by the owner and by the Architectural Reviewer or the Association and publicly recorded in Tarrant County, Texas.
6.14. VARIANCE. The board or the ARC, as the case may be, may grant a variance or waiver of a restriction or rule on a case-by-case basis when circumstances dictate, and may limit or condition its grant. To be effective, a variance must be in writing. The grant of a variance does not effect a waiver or estoppel of the Association's right to deny a variance in other circumstances. Approval of a variance or waiver may not be deemed, implied, or presumed under any circumstance, other than the limited exceptions authorized by this Declaration or the Owners Manual.
10 GLENWYCK HAS RULES 6.15
f a variance or waiver may not be deemed, implied, or presumed under any circumstance, other than the limited exceptions authorized by this Declaration or the Owners Manual.
10 GLENWYCK HAS RULES 6.15 ASSOCIATION'S RIGHT TO PROMULGATE RULES. The Association has the right to adopt, amend, repeal, and enforce reasonable rules, and penalties for infractions thereof, regarding the occupancy, use, disposition, maintenance, appearance and enjoyment of the Property. The right to make rules and to regulate includes the right to prohibit onto restrict. A right or prohibition established by a Governing Document or applicable law may not be abridged or extinguished under this Section except to the extent (if any) permitted by the establishment authority.
In addition to the restrictions contained in this Article and the Owners Manual, each lot is owned and occupied subject to the right of the board to establish rules, and penalties for infractions thereof, governing: BOSE (1) Use of common areas.
(2) (3) (4) Hazardous, illegal, or annoying materials or activities on the Property.
The use of Property-wide services provided through the Association.
The consumption of utilities billed to the Association.
Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 19 6-616_ 12/15/17 12/15/17 Page 27 of 74 The use, maintenance, and appearance of exteriors of dwellings and lots.
(5) (6) Landscaping and maintenance of yards.
(7) The occupancy and leasing of dwellings.
(8) (9) Animals.
(10) (11) (12) The business use of dwellings, including short term rentals.
Vehicles.
Disposition of trash and control of vermin, termites, and pests.
upancy and leasing of dwellings.
(8) (9) Animals.
(10) (11) (12) The business use of dwellings, including short term rentals.
Vehicles.
Disposition of trash and control of vermin, termites, and pests.
Anything that interferes with maintenance of the Property, operation of the Association, administration of the Governing Documents, or the quality of life for residents.
6.16. ASSOCIATION'S RIGHT TO POST SIGNS. The Association may post signs on the Property and on the Association's website (if any). If customary and if done or authorized by the Association, rules may be published on signs posted or painted on the Property, or communicated to owners as temporary or seasonal rules that are circumstance-based. Each resident must comply with any rules and signs posted from time to time on the Property by the Association, such as those regulating use of common areas. Also, each resident must comply with notices communicated by the Association, from time to time, in the nature of seasonal or temporary rules, of notice of a change affecting use of the Property. The Association may, but is not required to, recite the text of a sign in a publicly recorded document. In the event of a discrepancy or conflict between a rule that is posted on the Property by the Association and a rule that is in a publicly recorded Governing Document, the posted rule controls if it is posted in place and manner that is appropriate for the conduct to which it relates.
6.17. SUBJECTIVE STANDARDS. Standards for some rules and restrictions are innerently subjective, such as what is unattractive or offensive. The Association is not required to honor every resident's individual tolerances. The Use
Standards for some rules and restrictions are innerently subjective, such as what is unattractive or offensive. The Association is not required to honor every resident's individual tolerances. The Use Restrictions, in particular, are not intended to shield a hypersensitive resident from-actions or circumstances that would be tolerable to a typical resident of the Property. The Association may refrain from acting on a perceived violation unless the board determines the violation to be significant or a community-wide problem. The Association may not be compelled by one resident to enforce rules and restrictions against another resident. Residents are expected to deal directly and peaceably with each other about their differences.
6.18. LIMITS TO OWNER'S RIGHTS. No right granted to an owner by this Article, the Owners Manual, or any provision of any Governing Document is absolute. The Governing Documents grant rights with the expectation that the rights will be exercised in ways, places, and times that are customary for the neighborhood. This Article, the Owners Manual, and the other Governing Documents as a whole do not try to anticipate and address every creative interpretation of the restrictions. For example, if the rules allow an owner to post a for-sale sign, such a right is not permission to mount the sign on the chimney and illuminate it with pulsating neon lights. The rights granted by this Article, the Owners Manual, and the other Governing Documents are at all times subject to the board's determination that a particular interpretation and exercise of a right is significantly inappropriate, unattractive, or otherwise unsuitable for the neighborhood, and thus
times subject to the board's determination that a particular interpretation and exercise of a right is significantly inappropriate, unattractive, or otherwise unsuitable for the neighborhood, and thus constitutes a violation of the Governing Documents. In other words, the exercise of a right or restriction must comply with the spirit of the restriction as well as with the letter of the restriction.
6.19. LIMITED ROLE OF DECLARANT. Prior to Build-Out, Declarant may identify to the ARC certain locations, uses, or modifications that must not be approved by the ARC without the prior written approval of Declarant or Declarant's designee to prevent a potentially adverse affect on the value or marketing of vacant lots and new homes in the Property.
To illustrate, Declarant may require heightened scrutiny for improved lots near a subdivision entrance, along a main thoroughfare, near common areas, or across the street from a model home.
7.1 ARTICLE 7 ASSOCIATION OPERATIONS MANDATORY MEMBERSHIP. By acquiring an ownership interest in a lot, a person automatically becomes a member of the Association ~ a mandatory membership Texas property owners association. Membership in the Association is not optional, and may not be severed from ownership of a lot. Conveyance of a lot automatically conveys the Association membership that is appurtenant to the lot, subject to the right of the Association to require satisfactory proof of conveyance as a condition for changing its membership records. This Section is modified by the Declarant Class Member provision of Appendix C. MEMBERSHIP IN THE ASSOCIATION IS NOT OPTIONAL.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK
Appendix C. MEMBERSHIP IN THE ASSOCIATION IS NOT OPTIONAL.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK 2017. Sharon Reuler, P.C. All Rights Reserved.
Page 20 Page 28 of 74 7.2.
THE ASSOCIATION. The existence and legitimacy of the Association are derived from this Declaration and the Bylaws of the Association.
7.2.1. Type. The Association must be a nonprofit organization, and may be unincorporated or incorporated, as the Association decides from time to time. If the Association is incorporated, the subsequent failure of the Association to maintain its corporate charter from time to time does not affect the existence or legitimacy of the Association.
7.2.2. Applicability. The Association is subject to the Texas Business Organizations Code ("TBOC").
Because provisions of this Declaration address issues covered by the TBOC, this Declaration is a "Governing Document" as defined by TBOC, and any such provision herein is a "Bylaw" as defined by TBOC When incorporated, the Association is subject to TBOC Chapter 22 - the Nonprofit Corporation Law. When unincorporated, the Association is subject to TBOC Chapter 252 - the Unincorporated Nonprofit Association Act.
7.2.3. Name. A name is not the defining feature of the Association. Although the initial name of the Association is Glenwyck Owners Association, the Association may operate under any name that is approved by the board and (1) registered by the board with the County Clerk of Tarrant County, Texas as an assumed name, or (2) filed by the Association with the Secretary of State as the name of the filing entity. The Association may also
d by the board with the County Clerk of Tarrant County, Texas as an assumed name, or (2) filed by the Association with the Secretary of State as the name of the filing entity. The Association may also change its name by amending the Governing Documents. Another legal entity with the same name as the Association, or with a name based on the name of the Property is not the Association, which derives its authority from this Declaration.
7.2.4. Duties. The duties and powers of the Association are those set forth in the Governing Documents, together with the general and implied powers of a property owners association and, as applicable, an unincorporated nonprofit association or a nonprofit corporation organized under the laws of the State of Texas.
Generally, the Association may do any and all things that are lawful and necessary, proper, or desirable in operating for the peace, health, comfort, and general benefit of its members, subject only to the limitations on the exercise of such powers as stated in the Governing Documents.
7.2.5. Duration. The Association comes into existence on the later to occur of the two following events: (1) the date on which this Declaration is recorded in the Real Property Records of Tarrant County, Texas, or (2) the date on which a deed is recorded in the Real Property Records of Tarrant County, Texas, evidencing diversity of ownership in the Property (that the Property is not owned entirely by Declarant or its affiliates). The Association will continue to exist at least as long as this Declaration, as it may be amended, is effective against all or part of the Property.
7.3. BOARD. The Association is governed by a board of directors. Unless the Governing Documents expressly
g as this Declaration, as it may be amended, is effective against all or part of the Property.
7.3. BOARD. The Association is governed by a board of directors. Unless the Governing Documents expressly reserve a right, action, or decision to another party, such as the owners or Declarant, the board acts in all instances on behalf of the Association. Unless the context indicates otherwise, references in the Governing Documents to the "Association" may be construed to mean "the Association acting through its board of directors." The board of directors may authorize or direct officers of the Association, who serve at the pleasure of the board, to implement its decisions.
7.4.
THE ASSOCIATION ACTS THROUGH ITS BOARD OF DIRECTORS.
MEMBERS & VOTING. After Sell-Out, the Association will have one class of members the Homeowner Class Membership is automatic, mandatory, appurtenant to ownership of a lot, and terminates when the member is divested of his ownership interest in the lot to which it is tied and from which it may not be separated. If a lot is owned by more than one person, the co-owners share the membership and decide for themselves how it will be exercised. The board may require satisfactory evidence of transfer of ownership before a purported owner is recognized by the Association as a member. The one vote appurtenant to each lot is indivisible. All votes are uniform in weight, regardless of the value, size, or location of the lot or its improvements. Cumulative voting is not allowed.
7.5.
HEAD COUNTS, A reference in a Governing Document or applicable law to a percentage or share of owners or members means owners of at least that percentage or share of the lots, unless a different meaning is specified. For
ence in a Governing Document or applicable law to a percentage or share of owners or members means owners of at least that percentage or share of the lots, unless a different meaning is specified. For example, "a majority of owners" means owners of at least a majority of the lots. In a different context, to make a point, Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK © 2017. Sharon Reuler, P.C. All Rights Reserved.
Page 21 Page 29 of 74 a representative of the Association who appears before a tribunal on behalf of the Association may properly refer to members of the Association as "citizens" and "voters" in the jurisdiction in which the Property is located, without evidence of citizenship or voter registrations to substantiate the reference. In that context, the actual number of individual owners may be used.
7.6.
DECISION-MAKING. Any decision or act of the Association may be made by or at the direction of the board, unless the Governing Documents reserve the decision or act to the members, the Declarant, or any other person or group.
Unless the Governing Documents or applicable law provide otherwise, any action requiring approval of the members may be approved (1) at a meeting by owners of at least a majority of the lots that are represented at the meeting, provided notice of the meeting was given to an owner of each lot, or (2) in writing by owners of at least a majority of all lots, provided the opportunity to approve or disapprove was given to an owner of each lot. As long as the Declarant Class exists, Declarant has the right to veto any decision made by the Association which Declarant reasonably expects to have
or disapprove was given to an owner of each lot. As long as the Declarant Class exists, Declarant has the right to veto any decision made by the Association which Declarant reasonably expects to have an adverse affect on the rights and interests of Declarant or Builders in completing the development, construction, and marketing of the Property.
7.7.
MANAGER. The board may delegate the performance of certain functions to one or more managers or managing agents of the Association. Notwithstanding a delegation of its functions, the board is ultimately responsible to the members for governance of the Association.
7.8. ARRANGEMENTS WITH OTHER ASSOCIATIONS. If deemed by the board to be in the best interest of the Association, the Association may participate in one or more contractual arrangements with other property owners associations or with owners or operators of nearby property for the benefit of Association members, such as to consolidate services and reduce costs. The board may act unilaterally to negotiate, execute, modify, or terminate such contractual arrangements. Common funds of the Association may be used to pay the Association's share of any such contractual arrangement.
7.9.
COMMUNICATIONS. Drafted in an era of rapidly changing communication technologies, this Declaration does not intend to limit the methods by which the Association, owners, and residents communicate with each other. Such communications may be by any method or methods that are available and customary, or which are permitted by applicable law. For example, if the Association is required by the Governing Documents or applicable law to make information available to owners of all lots, that requirement may be satisfied by posting the information on the
le, if the Association is required by the Governing Documents or applicable law to make information available to owners of all lots, that requirement may be satisfied by posting the information on the Association's website or by using electronic means of disseminating the information, unless applicable law requires a specific method of communication. It is foreseeable that meetings of the Association and voting on issues may eventually be conducted via technology that is not widely available on the date of this Declaration. As communication technologies change, the Association may adopt as its universal standard any technology that is used by owners of at least 85 percent of the lots. Also, the Association may employ multiple methods of communicating with owners and residents.
7.10. BOOKS & RECORDS. The Association will maintain copies of the Governing Documents and the Association's books, records, and financial statements The Association will make its books and records available to members, on request, for inspection and copying pursuant to the requirements of applicable law.
7.11. INDEMNIFICATION. The Association indemnifies every officer, director, committee chair, and committee member (for purposes of this Section, "Leaders") against expenses, including attorney's fees, reasonably incurred by or imposed on the Leader in connection with an action, suit, or proceeding to which the Leader is a party by reason of being or having been a Leader. A Leader is not liable for a mistake of judgment, negligent or otherwise. A Leader is liable for his willful misfeasance, malfeasance, misconduct, or bad faith. This right to indemnification does not exclude any other
iable for a mistake of judgment, negligent or otherwise. A Leader is liable for his willful misfeasance, malfeasance, misconduct, or bad faith. This right to indemnification does not exclude any other rights to which present or former Leaders may be entitled. The Association may maintain general liability and directors and officers liability insurance to fund this obligation. Additionally, the Association may indemnify a person who is or was an employee, trustee, agent, or attorney of the Association, against any liability asserted against him and incurred by him in that capacity and arising out of that capacity. Additionally, the Association may indemnify a person who is or was an employee, trustee, agent, or attorney of the Association, against any liability asserted against him and incurred by him in that capacity and arising out of that capacity.
7.12. INSURANCE. All insurance affecting the Property is governed by the provisions of this Section, with which the board will make every reasonable effort to comply. The cost of insurance coverages and bonds maintained by the Association is an expense of the Association. Insurance policies and bonds obtained and maintained by the Association Appendix B and Appendix C have priority over the main body of this Declaration.
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Page 22 116-6140 LC-12/15/17 12/15/17 Page 30 of 74 must be issued by responsible insurance companies authorized to do business in the State of Texas. The Association must be the named insured on all policies obtained by the Association. Each owner irrevocably appoints the Association as his
companies authorized to do business in the State of Texas. The Association must be the named insured on all policies obtained by the Association. Each owner irrevocably appoints the Association as his trustee to negotiate, receive, administer, and distribute the proceeds of any claim against an insurance policy maintained by the Association.
7.12.1. General Features. Each insurance policy maintained by the Association should contain a provision requiring the insurer to give at least 10 days' prior written notice to the board before the policy may be canceled, terminated, materially modified, or allowed to expire, by either the insurer or the insured. An insurance policy obtained by the Association may contain a reasonable deductible, which will be paid by the party who would be liable for the loss or repair in the absence of insurance. If a loss is due wholly or partly to an act or omission of an owner or resident or their invitees, the owner must reimburse the Association for the amount of the deductible that is attributable to the act or omission.
7.12.2. Property. To the extent it is reasonably available, the Association will obtain-blanket all risk insurance for insurable common area improvements. If blanket all-risk insurance is not reasonably available, then the Association will obtain an insurance policy providing fire and extended coverage. Also, the Association will insure the improvements on any lot owned by the Association.
7.12.3. General Liability. To the extent it is reasonably available, the Association will maintain a commercial general liability insurance policy over the common areas expressly excluding the liability of each owner and resident within his lot for bodily injury and property damage resulting from the operation,
general liability insurance policy over the common areas expressly excluding the liability of each owner and resident within his lot for bodily injury and property damage resulting from the operation, maintenance, or use of the common areas. If the policy does not contain a severability of interest provision, it should contain an endorsement to preclude the insurer's denial of an owner's claim because of negligent acts of the Association or other owners.
7.12.4. Directors & Officers Liability. To the extent it is reasonably available, the Association will maintain directors and officers liability insurance, errors and omissions insurance, indemnity bonds, or other insurance the board deems advisable to insure the Association's directors, officers, committee members, and managers against liability for an act or omission in carrying out their duties in those capacities.
7.12.5. Other Coverages. The Association may aintain any insurance policies and bonds deemed by the board to be necessary or desirable for the benefit of the Association, including but not limited to worker's compensation insurance, fidelity coverage and any insurance and bond requested and required by a National Lender for planned unit developments as long as the National Lender is a mortgagee or an owner.
7.13. OBLIGATIONS OF OWNERS. This Section supplements and does not replace the duties, responsibilities, and obligations of owners in Glenwyck that are communicated throughout the Governing Documents.
Մ poincial 7.13.1. General Obligations. Without limiting the obligations of owners under the Governing Documents and pursuant to applicable law, each owner will: (1) (3) (4) (5) Refrain from interfering with the Association's performance of its responsibilities, such as maintenance of the common areas.
Documents and pursuant to applicable law, each owner will: (1) (3) (4) (5) Refrain from interfering with the Association's performance of its responsibilities, such as maintenance of the common areas.
Maintain effective contact information with the Association, and promptly notify the Association of changes in the owner's contact information in a manner that brings attention to the changed information.
Pay assessments properly levied by the Association against the owner or his lot, and will pay reoccurring scheduled assessments, such as regular assessments, without demand by the Association.
Pay the applicable transfer-related fees and contributions at time of closing.
Comply with the Governing Documents as amended and published from time to time.
Appendix B and Appendix C have priority over the main body of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS GLENWYCK © 2017. Sharan Reuler, P.C. All Rights Reserved.
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