2022 - 8183 03/08/2022 10:36AM Page 1 of 24 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS & s BYLAWS N coe FOR ork or? HIDDEN VISTA 6 se 4c sqynor TEXAS yo?
COUNTY OF JOHNSON That this DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS & BYLAWS FOR HIDDEN VISTA 6 (this “Declaration”), is made on the date hereinafter set forth by Burleson Hidden Vista, LP, a Texas limited partnership, for the purpose of evidencing the covenants, conditions, restrictions and bylaws contained herein.
WITNESSETH: WHEREAS, Declarant is the owner of that certain real property platted as Hidden Vista Phase 6 Addition, as approved by the City of Burleson Tx and filed of record on Johnson County, Texas oot subdivision on hereinafter referred to as the “Development”, of said real proper'y: er referred to as the “Property, being more specifically oP?
described as L Block 10 and Open Space Lot A which is incorporated neg Se madeap o ¥ for all purposes. wo a rs woitras, Declarant has deemed it desirable for the enforcement e Declaration and the efficient preservation of the amenities in the Development, to create an Association (hereinafter defined) to which shall be delegated and assigned the power of administering and enforcing these assessments, conditions, covenants, easements, reservations and restrictions, including levying, collecting and disbursing the assessments; and WHEREAS, there has been or will be incorporated, a non-profit corporation created under the laws of the State of Texas, named Hidden Vista 6, HOA Inc., whose directors will adhere to the Bylaws by which said Association shall be governed through its Board of Directors, for the purpose of exercising the functions aforesaid.
d Hidden Vista 6, HOA Inc., whose directors will adhere to the Bylaws by which said Association shall be governed through its Board of Directors, for the purpose of exercising the functions aforesaid.
NOW, THEREFORE, Declarant hereby declares that all of the Property shall be held, sold and conveyed subject to the following assessments, conditions, covenants, easements, reservations and restrictions, all of which are for the purpose of enhancing and protecting the ao sirability and attractiveness of the Property. These 0 assessments, co dig Qcovenants, easements, reservations and restrictions shall ne GO with the Pro © be binding on all parties having or acquiring any right, ti iyo yo benefit of Declarant and each owner thereof. yy 2022 - 8183 03/08/2022 10:36AM Page 2 of 24 ARTICLE I. 5 | Associatiog ORY sntion shall mean and refer to Hidden Vista 6, HOA oF within the Property encumbered under this een» as ol ay be ye mended.
1.2. Areas of Common Responsibility. “Areas of Common Responsibility” shall mean those areas listed below which the Association shall maintain upkeep and repair: A. Any and all landscaping, signage, monument signage, irrigation systems, lighting, fencing and other improvements located within any Common Area, (Lot A).
B. Any perimeter retaining wall.
1.3. Common Area. “Common Area” shall mean those areas listed below: A. All portions of the Property as described or depicted on the Plat that do not constitute Buildable Lotsyy ‘J 1.4. Declares eclarant” shall mean Burleson Hidden Vista, LP., a Texas,
low: A. All portions of the Property as described or depicted on the Plat that do not constitute Buildable Lotsyy ‘J 1.4. Declares eclarant” shall mean Burleson Hidden Vista, LP., a Texas, partnershigy @NY any party to whom it shall expressly assign in writing, its rj oy wers, aA nd prerogatives as the Declarant hereunder. Ay ao 1.5. City. “City” shall mean the City of Burleson.
1.6. County. “County” shall mean Johnson County, Texas.
1.7. Home. “Home” shall mean a single-family residential dwelling unit constructed on a Lot being a part of the Property, including the parking garage utilized in connection therewith and the Lot upon which the Home is located.
1.8. Lienholder, “Lienholder” or “Mortgagee” shall mean the holder of a first mortgage lien on any Home or Lot.
1.9. Lot. “Lot or Lots” shall mean and refer to the individual platted building lot depicted on the Plat of the Property, excluding open space, streets, and any Common Area or Areas of Common Responsibility. Where the context requires or indicates, the term Lot shall include t Nome and all other improvements which are or will be Nj constructed on the GP ov o?
ye yo” 2022 - 8183 03/08/2022 10:36AM Page 3 of 24 1.10. Member. “Member” shall mean and refer to every person or entity who is a Class “A” Member or Class “B” Member of the Association as defined in Article 3 hereof. Declarant eye Owner shall be a Member of the Association. G oe 1.11. Owngl neon shall mean and refer to the record Owner, whether ongx@rore ities, of a fee simple title to any Lot and shall include Declar Wit shall hose having such interest merely as security for the perfor an obligation. However, the term “Owner” shall include any Lienholder or Mortgagee who
e title to any Lot and shall include Declar Wit shall hose having such interest merely as security for the perfor an obligation. However, the term “Owner” shall include any Lienholder or Mortgagee who acquires fee simple title to any Lot which is a part of the Property, through deed in lieu of foreclosure or through judicial or nonjudicial foreclosure.
1.12. Vehicle. “Vehicle” shall mean any vehicle or equipment or machinery of any kind or type whatsoever, including any automobile, truck, sport utility vehicle, recreational vehicle (RV), motorcycle, boat, jet ski, or any similar type marine craft, mobile home, aircraft, boat trailer or any other kind of trailer.
ARTICLE I.
PROPERTY RIGHTS 2.1. Maintenance of Ayeas of Common Responsibility by the Association. The of Association will bes@yy obligated to maintain and improve the Areas of common Responsibility j dent manner to enhance the safety, security and overall an of the Degal@pyfent. As such, the Association shall not, except as the Asogg ago eem appropriate to comply with applicable laws or to PAS. malth, sor welfare of the Development or the Members, (i) cause any Oo ings or permanent structures to be constructed within the Areas of Common Responsibility other than as contemplated in this Declaration that would materially interfere with the enjoyment of such areas by all of the Members, or (ii) allow any material interference or conflict with the natural or planted vegetation of trees in the Areas of Common Responsibility. The Association shall have the following rights with regard to the Areas of Common Responsibility: A. The rights to dedicate or transfer all or any part of the Areas of Common Responsibility to any public agency or authority subject to such conditions as may be
o the Areas of Common Responsibility: A. The rights to dedicate or transfer all or any part of the Areas of Common Responsibility to any public agency or authority subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless (a) The Association receives the approval of two-thirds (2/3) of the outstanding votes of each class of recorded in the Real Property Records of the County, (b) a written notice of proposed action under this Section is sent to every Owner (including Lienholder or Mortgagees) not less than thirty (30) days, nor more than sixty (60) days in advance of said action and (c) oo Csi consents in writing to the dedication or transfer; 0° NaN iO to borrow money to be secured by a lien against the Are com KN onsibility; however, the rights under such improvement mo shall be ate and inferior to the rights of the Owners hereunder; yy 2022 - 8183 03/08/2022 10:36AM Page 4 of 24 C. The right to make rules and regulations relating to the use of the Areas of Common Responsibly co D. oot of entry upon the Areas of Common Responsibility and gi access, enance or other easements on the Property for the purposes soe sis taining ORI ving the Areas of Common Responsibility.
2.2. ‘Title to Areas of Common Responsibility. After the recordation of this Declaration, Declarant may, in Declarant’s sole option, convey to the Association, without consideration, all right, title and interest of Declarant in and to the Areas of Common Responsibility owned by Declarant. Nothing contained herein shall create an obligation on the part of Declarant to establish any additional common areas or Areas of Common Responsibility.
ARTICLE I ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
hing contained herein shall create an obligation on the part of Declarant to establish any additional common areas or Areas of Common Responsibility.
ARTICLE I ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 3.1. Membership. Declarant, during the time it owns any Lots, and each person or entity who is a record ie of a fee or undivided fee interest in any lot shall be a os Member of the a The foregoing is not intended to include persons or Wes that hold an int erely as security for the performance of an obligation. .
Membergkig@Gh fll be appurtenant to and may not be separated from any a x any Legh ect to assessment by the Association. Transfer of ONAN . either Vv arily or by operation of law, shall terminate such Owner’s me Ker in the Association, and membership shall be vested in the transferee; provided, however, that no respect to assessments which have accrued prior to such transfer.
3.2 Voting Rights. The Association shall have two classes of voting membership.
A. Class “A”. The Class “A” Members shall be all Owners except Declarant so long as Declarant is a Class “B” Member pursuant to Section 3.2 (b) below. The Class “A” Members shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more that one (1) vote be cast with respect to any Lot.
B. Class “B”. The Class “B” Member shall be Declarant. Declarant shall be entitled to fifteen (15) votes for each Lot owned; provided however that Declarant shall cease to be a Class “B” ber and shall become a Class “A” Member entitled to one os (1) vote per Lat ‘GO ppening of the earlier of the following events. 0 “Or
ned; provided however that Declarant shall cease to be a Class “B” ber and shall become a Class “A” Member entitled to one os (1) vote per Lat ‘GO ppening of the earlier of the following events. 0 “Or oy (1) When the total votes entitled to be cast of the Class < epirtfembers eqyn total votes entitled to be cast of in the Class “B” Members, yor 2022 - 8183 03/08/2022 10:36AM Page 5 of 24 (2) The expiration of twenty (20) years from the recording date of this instrument in the ‘Gor erty Records of the County, or G of co When the Declarant, in its sole discretion, so determines scp sano Cumulative Voting; Eligibility to Vote. At all meeting Association, i shall be no cumulative voting. Prior to all meetings, the Board of Directors of the Association (the “Board of Directors”, or the “Board”) shall determine the total number of votes outstanding and entitled to vote by the Members. Eligibility to vote or serve as a representative, director of officer of the Association shall be predicated upon being a Member who must be in good standing with the Association. To be in good standing, the Member must have all assessments of every type and category paid up to date and have no outstanding financial obligations to the Association that are delinquent. Additionally, no Member shall be allowed to vote or hold office if that Member is noted within records of the Association to have a current deed restriction violation on one or more Lots in the Development.
3.4. Association’s Power. In addition to the rights of the Association set forth in other sections of this Declaration, the Association shall have the duty to enforce the covenants, conditions and right, power, and authority to do any act which is consistent
Association set forth in other sections of this Declaration, the Association shall have the duty to enforce the covenants, conditions and right, power, and authority to do any act which is consistent with or required ve the previsions of this Declaration or the Bylaws of the Association ‘J (the “Bylaws”), os same be expressed or implied, including but not limited yor the following; TN wo of The power to levy and collect Assessment (as herein u « woe of Ww er nature for the maintenance, repair or replacement of the Aa f Common Responsibility and for such other purposes as are herein provided; B. The power to keep accounting records with respect to the Association’s activities; C. The power to contract with and employ others for maintenance and repair; and D. The power to adopt rules and regulations concerning the operation of the Association.
3.5. Notice and Quorum for any Action Authorized Under This Declaration.
Written notice of nay meeting called for the purpose of taking any action authorized under this Declaration shall be given to all Members not less than ten (10) days not more than sixty (60) days in nce of such meeting. At such meeting, the presence of os Members or of a ti oxies entitled to cast forty percent (40%) of all the votes egti to be cast by bers of the Association entitled to vote shall constitute a quo ‘xO f the requigttio rum is not present, another meeting may be called subject J same yy 2022 - 8183 03/08/2022 10:36AM Page 6 of 24 notice requirements and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.
N 3.6. City’s Ri OP Should Declarant, the Association or its Board fail or refu Gor maintain sygii¥vddas of Common Responsibility to City specifications for an
equired quorum at the preceding meeting.
N 3.6. City’s Ri OP Should Declarant, the Association or its Board fail or refu Gor maintain sygii¥vddas of Common Responsibility to City specifications for an unreas time, not to exceed ninety (90) days after written request to b rough a majority of the City Council members, shall have t and authority as is herein given to the Association and its Board to enforce this Declaration and levy Assessments in the manner set forth herein. It is understood that in such event, the City may elect to exercise the rights and powers of the Association or its Board to the extent necessary to take any action required and levy any assessment that the Association might have, either in the name of the Association, or otherwise, to cover the cost of maintenance of such Areas of Common Responsibility.
.
ARTICLE IV.
ASSESSMENTS, MAINTENANCE FUND AND ASSESSMENT LIENS 4.1. Creation of the Lien and Personal Obligation of Assessments. Subject to the terms hereof, each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in an yc deed or other conveyance, covenants and agrees to pay to os the Association; se Assessments or charges (ii) charges in connection with ins o8 transfer of a “ special Assessments (collectively, the “Assessments”). Sug Assessm, to be fixed, established and collected as provided herein. Ms tog <a interest thereon, costs of collection thereof, and c orcements oN eclaration, as hereinafter provided, shall be a charge on the \ secured by a continuing lien which is hereby created and impressed for the benefit of the Association upon the Lot against which each such Assessment is made. Each such Assessment, together with such interest costs and reasonable attorney’s fees for the
and impressed for the benefit of the Association upon the Lot against which each such Assessment is made. Each such Assessment, together with such interest costs and reasonable attorney’s fees for the collection thereof, shall also constitute a personal obligation of the person or entity that was the record Owner of such Lot at the time of the Assessment. The personal obligation for delinquent Assessments shall not pass to successors in title unless expressly assumed by such successors; however, the lien upon the Lot shall continue until paid.
4.2. Purpose of Assessments. |The Assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Owners of the Lots, the improvement and maintenance of the Areas of Common Responsibility and any other property owned by the Association, and the performance and/or exercise of the rights and obligations of the Association arising hereunder.
Assessments shall include, but not be limited to, funds to cover actual Association cost (including ies 2g 1G r es) for all taxes, repairs, replacements, maintenance and 0 other activities m time to time by authorized by the Board of Directors; 1 OP and “am aor and fees for management services; expenses incurred in ano ng with any gil ’ ordinances or governmental requirements applicable to the Aeyvtfation or the yee rty; reasonable replacement and other reserves; and the cos er facilities 2022 - 8183 03/08/2022 10:36AM Page 7 of 24 and service activities, including but not limited to, mowing grass, grounds care, sprinkler system, landscaping, and other charges required or contemplated by this Declaration and/or that which the ON of Directors shall determine to be necessary or prudent to os
rass, grounds care, sprinkler system, landscaping, and other charges required or contemplated by this Declaration and/or that which the ON of Directors shall determine to be necessary or prudent to os meet the pama’ se gy the Association, including the establishment and Oo maintenancq ave Deserve for repair; maintenance, taxes and other charges as Rene herein.
no no 4.3. Basis and Maximum of Annual Assessments and Assessments of Sale Lots.
A. Commencing as of the date of sale of the first lot sold within the Development, the regular annual Assessment shall be $400.00 per year.
B. From and after January | of the first full year after the date of recordation of this Declaration and each year thereafter, the maximum regular annual assessment may be increased by an amount up to ten percent (10%) over the proceeding year’s regular annual assessment solely by the Board of Directors. Any increase over and above 10% of the previous year’s regular annual assessment shall be done only by the prior written approval of sixty-six and two-thirds percent (66 2/3%) of the outstanding votes (determined pursuant to Section 3.2 hereof) held by the Members at a meeting at which a quorum is present.
C. In addition to the regular annual assessment, each and every time a Lot in the Development is sold oben due assessment (transfer fee) of $150.00 and the pro- os rata share of annua ents due on such Lot shall be paid to the Association by Gor purchaser of oe t the closing of each sale of said Lot. Qs ey ve cial Assessment. In addition to the regular Assessment, ait © ‘ fees and oy | improvement reserve fee payable on the sale of Lots authoriz ove, the applicable to that year only, for the purpose of defraying, in whole or in part, the costs
gular Assessment, ait © ‘ fees and oy | improvement reserve fee payable on the sale of Lots authoriz ove, the applicable to that year only, for the purpose of defraying, in whole or in part, the costs incurred by the Association pursuant to the provisions of this Declaration, provided that any such Special Assessment shall have the prior approval of sixty-six and two-thirds percent (66 2/3%) of the outstanding votes of each class of Members entitled to vote (determined pursuant to Section 3.2 hereof) present at a meeting at which a quorum is present. Any Special Assessments shall be prorated based on the period of time the Owner owns the Lot during such year.
4.5. Uniform Rate of Assessment. Both the Regular and Special Assessment shall be fixed at a uniform rate for all Lots, and shall commence and be due in accordance with the provisions of Section 4.6 hereof. Each Owner, (other that Declarant who may pay the deficiency described below), shall pay one hundred percent (100%) of such Owner’s Assessments for each Lot owned.
4.6. Date of Dement of Regular Assessments; Due Dates. coe “Or “CN ct The obligation of Owners to pay regular assessments provi SENS? herein shel mence as to each Lot upon its conveyance by Declarant to son or entity 2022 - 8183 03/08/2022 10:36AM Page 8 of 24 that is not affiliated with Declarant. The Assessments shall then be due on such payment dates as may be val heed by the Board of Directors. Assessments shall be due and payable on an annual gontess otherwise designated by the Board of Directors and os shall commen if 1, 2022. Oo ore Declarant is not required to pay Assessments with respect ss ony Declarant. Declarant may, but still have no obligation to, deficiency
by the Board of Directors and os shall commen if 1, 2022. Oo ore Declarant is not required to pay Assessments with respect ss ony Declarant. Declarant may, but still have no obligation to, deficiency resulting from the expenses of the Association exceeding the amount of the Assessments received from the Owners.
= Unless provided above, the regular Assessments for the first Assessment year shall be fixed by the Board of Directors prior to the sale of the first Lot to an Owner other than Declarant or a Builder. Except for the first Assessment year, the Board of Directors shall fix the amount of the regular Assessments at least thirty days in advance of each Assessment year, which shall be the calendar year; provided, however, that the Board of Directors shall have the right to adjust the regular Assessment upon thirty days written notice given to each Owner, as long as any such adjustment does not exceed the maximum permitted pursuant to Section 4.3 hereof. Written notice of the regular Assessment shall be given as soon as is practicable to every Owner subject thereto. The Association shall, upon demand at any time, furnish a certificate in writing signed by the President, Vice President , Treasurer or other authorized representative of the Association setting forth whether oo ular and Special Assessments on a specified Lot have been ‘J paid and the ames OY delinquency. A reasonable charge may be made by the coe Association for, ae or of these certificates. Such certificates shall be conchae e evidence gg nt of any Assessment therein stated to have been paid. ir oe WD, No Owner may exempt himself from liability for Assd OSs by waiver of the use or enjoyment of any portion of the Development or Areas of Common
ny Assessment therein stated to have been paid. ir oe WD, No Owner may exempt himself from liability for Assd OSs by waiver of the use or enjoyment of any portion of the Development or Areas of Common Responsibility or by abandonment of his Home or any Lot or improvements thereon.
4.7. Effect of Non-Payment of Assessments: Remedies of the Association.
A. All payments of the Assessments shall be made to the Association at its principal place of business or at such other place as the Association may otherwise direct or permit. Payment shall be made in full regardless of whether any Owner has any dispute with Declarant, a Builder, the Association, any other Owner or any other person or entity regarding any matter to which this Declaration relates or pertains. Payment of the Assessments shall be both a continuing affirmative covenant personal to the Owner and a continuing covenant running with the Lot.
B. Any Assessments provided for in this Declaration which is not paid when due shall be cing ny such Assessment is not paid within thirty (30) days after os the date of delinqu he Assessment shall bear interest from the date of delinquen (with no nogti cat to be given), until paid, at the rate of eighteen percent Xe per aximum rate allowed by law, whichever is lesser. The Ass n may, on, bring an action at law against the Owner personally obligyy 0 pay the 2022 - 8183 03/08/2022 10:36AM Page 9 of 24 same, or, upon compliance with the notice provisions hereof, foreclose the lien against Lot as provided in Subsection 4.7 (d) hereof. If any Owner is delinquent in paying its Assessments more th e in any twelve (12) month period, then in addition to the os other rights and G8 ranted herein, the Board of Directors may impose a fine n tG°
ny Owner is delinquent in paying its Assessments more th e in any twelve (12) month period, then in addition to the os other rights and G8 ranted herein, the Board of Directors may impose a fine n tG° exceed 100K each such delinquent payment. There shall be added to an ipafdted in the MY of such Assessment any and all expenses or costs incurred b Sis 10n in collecting any delinquent Assessment and foreclosing yen, including said interest, fines, and reasonable attorney’s fees. Each Owner vests fn the Association or its assigns, the right and power to bring all actions at law or in equity foreclosing such lien against such Owner. Under no circumstances, however, shall Declarant or the Association be liable to any other person or entity for failure or inability to enforce any Assessments.
C. No action shall be brought to foreclose on said Assessment lien or to proceed under the power of sale herein provided in less than thirty (30) days after the date of notice of claim of lien is deposited with the United States Mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the Owner of said Lot, and a copy thereof is recorded by the Association in the Office of the County Clerk of the County; said notice of claim must recite a good and sufficient legal description of the Lot, the record Owner or reputed Owner thereof, the amount claimed (which may, at the Association’s option, included interest on the unpaid Assessment at the rate set forth herein, plus attorney’s feagand expenses of collection in connection with the debt ‘J secured by said liepow e name and address of the Association. G° “On “On Decry such sale provided for above is to be conducted in acco Or he Xe 1Ons applicable to the exercise of powers of sale in mortgage KO eds of
liepow e name and address of the Association. G° “On “On Decry such sale provided for above is to be conducted in acco Or he Xe 1Ons applicable to the exercise of powers of sale in mortgage KO eds of rtd s set forth in Section 51.002 of the Property Code of the State exas (as it may be amended from time to time), or in any other manner permitted by law. Each Owner, by accepting a deed to a Lot, expressly grants to the Association a power of sale as set forth in said Section 51.002 of the Property Code, in connection with the Assessment lien. The Association, through duly authorized agents, shall have the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
h E. Upon the timely curing of any default for which a notice of claim of lien was filed by the Association, the officers of the Association are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be determined by the Association but not to exceed the actual cost of preparing and filing or recording the lien and the release. The Assessment lien and the right to foreclosure sale hereunder shall be in addition to and not in substitution of all other rights and remedies which the Association and its successors or assigns may have hereunder and by law, including the nght of suit to recover a money judgment for unpaid Asegspments, as above provided. os Oo CG° F ADrddition to the other rights and powers granted herein, the Bo Directog& suspend the right of an Owner to use any of the Areas of Co R. bility during the period such Owner is delinquent in paying sessments.
2022 - 8183 03/08/2022 10:36AM Page 10 of 24
ein, the Bo Directog& suspend the right of an Owner to use any of the Areas of Co R. bility during the period such Owner is delinquent in paying sessments.
2022 - 8183 03/08/2022 10:36AM Page 10 of 24 No Owner shall have the right to vote as a Member of the Association during the period that such Owner is delinquent in paying any Assessments. The Board of Directors may require that any delin JA ssessments be paid by Cashier’s or certified check or other os good funds accent 0 the Board of Director. Oo ‘ crx? : yO 4.8. ei dination of Lien to Lienholders. The lien securing the 8inents Pk for herein shall be expressly subordinate to the lien of any ys The sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot subject to a Lienholder mortgage pursuant to a decree of foreclosure or a nonjudicial foreclosure under such Lienholder mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such Assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessment thereafter becoming due, in accordance with the terms herein provided.
4.9. Management Agreements. The Association shall be authorized to enter into management agreements with third parties in connection with the operation and management of the Development and the performance of its obligation hereunder. A copy of such agreements shall be available to each Owner. Any and all management agreements entered into by the Association shall provide that said management agreement may be cancelled with or without cause and without penalty by either party with thirty (30) days writtgn notice. Any and all management agreements shall be for a ‘J
vide that said management agreement may be cancelled with or without cause and without penalty by either party with thirty (30) days writtgn notice. Any and all management agreements shall be for a ‘J term not to exceed Wea and shall be made with a professional and responsible oP?
type. Th jation may, at its discretion, assume self management of they Deye nt by the Association.
worm yo” 4.10. Insurance Requirements. The Association shall obtain insurance policies covering the Areas of Common Responsibility and covering all damage or injury caused by the negligence of the Association, and any of its employees, officers, directors and/or agents, and such insurance may include commercial general liability insurance, directors and officers liability insurance, and such other insurance as the Association may from time to time deem necessary or appropriate.
ARTICLE V ARCHITECTURAL REVIEW COMMITTEE 5.1. Appointment of Members. An Architectural Control Committee (the “Committee”’), which appconsis of two (2) members who shall be natural persons and os who may or may, nse mployed by Declarant shall initially be appointed by Decl rj The members‘ e Committee shall serve until they resign or are removed by aay ) appointj m to the Committee (which the appointing party may do at e).
SHOHes nt appointments to the Committee shall be made by Declar such time as 2022 - 8183 03/08/2022 10:36AM Page 11 of 24 Declarant either relinquishes such power by written notice to the Board of Directors or all of the Lots owned by Declarant have been sold by Declarant and have houses built on
ce to the Board of Directors or all of the Lots owned by Declarant have been sold by Declarant and have houses built on Board of Directags uch term as they shall designate. The Committee has been with the Autti) to render a final interpretation and decision on any and all 1m GS s OQibmission of Plans to Architectural Control Committee ce No home, building, fence, wall, parking area, pole, driveway, out-building, exterior color, shape, or other improvements of any kind or type, or any alteration, addition to, change or modification of any of the foregoing, shall be constructed, erected or maintained upon any Lot or the patio or garage used in connection with any Lot after such Lot has been sold by Declarant until the plans and specifications showing the nature, kind, color, shape, height, materials and location of the same are submitted to and approved in writing by the Committee. Plans and specifications shall be submitted to the Committee at least fourteen (14) days prior to the commencement of any such construction or modification.
Two (2) copies of the following shall be submitted for approval: a site plan showing the entire Lot with proposed improvements, grading, landscape, floor plan and elevations of all faces of the proposed structure. A description of all exterior construction materials and such other materials, if necessary, as the Committee shall reasonably require in order to enable the Committee to fully evaluate the proposed construction or modification. A copy of the above described plans and specifications may be retained by the Committee.
Approval epee The Committee shall review the plans and specification oo
proposed construction or modification. A copy of the above described plans and specifications may be retained by the Committee.
Approval epee The Committee shall review the plans and specification oo a notify ne in writing of its approval or disapproval. If the Committee, fj GY approve rove said plans and specifications in writing within fourte Oo: afte e cet been submitted to it, they will be deemed to have bee wear by the C ittee. Any disapproval shall set forth the elements disapprove the reason or reasons thereof. The judgment of the Committee in this respect shall be final and conclusive and the Owner shall promptly correct the plans and specifications (if disapproved) and resubmit them for approval. No construction, alteration, change or modification shall commence until approval of the Committee is obtained. The Committee may approve any reasonable deviations from Sections 6.5,6.6 6.7,6.8,6.9,6.10,6.11,6.12,6.13,6.14 and 6.15 of this Declaration as the Committee, in its sole and absolute discretion, deems consistent with the purpose hereof. No member of the Committee shall be liable to any Owner for any claims, causes of action or damages arising out of the denial of a submittal or grant of any deviation to an Owner. The Committee shall have the authority hereunder to require any Owner or Owner’s agents or contractors to cease and desist in constructing or altering any improvements on any Property, where such actions have not first been reviewed and approved by the Committee as required hereunder or constitute a violation of this Declaration, the Design Guidelines or any other documents promulgated by the Committee. The violating Owner shall remove such violags§ improvements or site work at its sole expense and without 0°
this Declaration, the Design Guidelines or any other documents promulgated by the Committee. The violating Owner shall remove such violags§ improvements or site work at its sole expense and without 0° delay, returning aG@ ts original condition or bringing the Lot into compliance 2 witGO ae cx this Declarat esign Guidelines, Committee documents, and any plans a specifica Q¥Y approved by the Committee for construction on that Lot. If PRY with Construction that is not approved by the Committee, OHS “ variance of 2022 - 8183 03/08/2022 10:36AM Page 12 of 24 the approved plans, the Association may assess fines as provided in Section 7.7 hereof and may continue to TEND such fines until Committee approval is granted or the violation is removed. ad. GND eclaration is notice of such liability for violation and os Owners hereby 1 ear the cost and expense to cure any violations according KG G° these provisign® egardless of the substantial cost, time or loss of business i ng : sgn OS roval of Builders. All builders must be approved GON itecturat cai Committee. Such approval will not be unreasonably withheldor delayed. The Committee has the right to be very selective.
5.5. Replatting. Replatting of any Lot (s) is not permitted without the express written approval of the Architectural Control Committee. Such request shall not be unreasonably withheld or delayed.
5.6. Committee Member’s Liability. | Neither Declarant, the Association, the Board of Directors nor any employees, officers, directors or members thereof shall be liable for damages or otherwise to anyone submitting plans and specifications for approval or to any Owner affected by this Declaration by reason of mistake of judgment, negligence or nonfeasance arising out or in connection with the approval or disapproval
s and specifications for approval or to any Owner affected by this Declaration by reason of mistake of judgment, negligence or nonfeasance arising out or in connection with the approval or disapproval or failure to approve or disapprove any plans or specifications. Any errors in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the ao of the Lot to which the improvements relate, and the ‘J Committee shall aes, obligation to check for errors in or omissions from any ao plans, or to oO such plan’s compliance with the general provisions of this .
Declarati Ores or the common law, whether the same relate to Lo ) es, GME statues or any other issue. Ay ao Design Guidelines. The Committee has the right to issue and amend Design Ciotdelines from time to time which contain the specific provisions applicable to all of the Lots regarding style, basic site design issues, aesthetic of each home, the use of quality exterior finish materials, minimum landscaping plans for the Lots, an other issues concerning building standards, permitted construction or modification, and the Committee’s operation. The Design Guidelines, together with this Declaration, will be used by the Committee to determine the approval of all plans. The Design Guidelines may be responsive to future technological advances or general changes in architectural designs and materials and related conditions. The Design Guidelines may be amended without prior notice to the Owners.
5.8. Pertaining to the Committee. Written notice may be delivered by the Committee to Owner or any agent or contractor with apparent authority to accept same and notice shall be binding on Owner as if actually delivered to Owner. The Committee
otice may be delivered by the Committee to Owner or any agent or contractor with apparent authority to accept same and notice shall be binding on Owner as if actually delivered to Owner. The Committee or its agents or assignOy have the right, but not the obligation, to enter the or to OO determine if vio t#GOD this Declaration, the Design Guidelines, or any other documents x gated by the Committee exist. In so doing, the Committee Sx G subj ect 14H) liability for trespass, other tort or damages in connection wi sing neyo entry nor in any way shall the Association or its agents bed or any 2022 - 8183 03/08/2022 10:36AM Page 13 of 24 accounting or other claim for such action. The Committee shall have the right to set time constraints for both the commencement and completion of construction.
s coe ARTICLE VI. coe oO NN cKWONSTRUCTION OF IMPROVEMENTS AND USE oT <N “» Residential Use. Each Lot on the Property shall be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single-family residence per Lot, which residence may not exceed two and one-half (2 %) stories in height, a private garage as provided below, and one (1) in-the-ground swimming pool and appurtenant sidewalks, driveways, curbs, fences, and storage and equipment buildings not otherwise prohibited hereby. Detached storage buildings of any nature are not allowed.
6.2. Single Family Use. No Home shall be occupied by more than a single nuclear family. For purposes of this Declaration, a single nuclear family shall defined as any number of persons related within the second degree of consanguinity or affinity, living with not more than one (1) person who is not so related as a single household unit. It is
y shall defined as any number of persons related within the second degree of consanguinity or affinity, living with not more than one (1) person who is not so related as a single household unit. It is not the intent of the Declarant to exclude from a Home any individual who is expressly authorized or required to so remain by any state of federal law.
6.3. Garage. ot) Home shall have an enclosed garage suitable for parking oo minimum of ty dard size automobiles, which garage shall conform in design © material oe main structure. All garage doors, whether overhead or o N , and any, Ww s in a garage door, if applicable, shall remain fully closed at sonably pi al times. No garage shall be converted into a dwelling or livin ea by any Owner. Front facing garage doors may be allowed so long as the garage door is a minimum of 25’ behind the front property line. All front facing garage doors will be approved on a case by case basis by the Architectural Control Committee. All garage doors will be either wood doors or decorative doors approved by the Committee.
6.4. Restrictions on Resubdivision. No Lot shall be subdivided into smaller Lots unless done so or approved by the Declarant.
6.5. Driveways. All driveways shall be constructed with concrete or decorative pavers.
6.6. Uses Specifically Prohibited.
A. No temporary dwelling, shop, trailer or mobile home or any kind or any improvement of a tem character shall be permitted on any Lot except that a Builder os or contractor may Kay’t&mporary improvements (such as a sales office and/or av construction ) on a specifically permitted Lot during construction of resid n the Dey, ent. No building material of any kind or character shall be p as r stored u Property until construction is ready to commence, and a aterial shall
permitted Lot during construction of resid n the Dey, ent. No building material of any kind or character shall be p as r stored u Property until construction is ready to commence, and a aterial shall 2022 - 8183 03/08/2022 10:36AM Page 14 of 24 be placed totally within the property lines of the Lot upon which the improvements are to be erected.
N N B. A GASes shall be parked, stored or placed so as not to be visible cor mn any street Q Ke ground level view from an adjoining Lot, except for temporapafeafking in the Way constructed on a Lot. On-street parking shall be limited t orary limited time periods. No Vehicle shall be used as a residence or officé temporarily or permanently. This restriction shall not apply to any Vehicle temporarily parked while in use for the construction, maintenance or repair of a residence in the Development. All work on Vehicles (other than routine maintenance completed within twelve (12) hours) shall be performed only in a fully enclosed garage completely screened from public view.
Recreational Vehicles (RV) shall be permitted only for loading and unloading purposes.
C. Trucks with tonnage in excess of three-quarter (3/4) ton and any commercial Vehicle with signage or advertisement displays shall not be permitted to park overnight on driveways, or other areas of the Property, except those used by a Builder or its contractors during the construction of improvements. No overnight parking will be allowed on the street.
D. No Vehicle of any size that transports flammable or explosive cargo may be parked, stored or kept oy the Property at any time.
Co, om E. hicle that is not in operating condition, does not have currey
No Vehicle of any size that transports flammable or explosive cargo may be parked, stored or kept oy the Property at any time.
Co, om E. hicle that is not in operating condition, does not have currey plates anggGNEton stickers, and/or is not in current use shall be parked a on the Pro WO ess such Vehicles is parked or stored in a fully enclosed sire F. No garage, garage house, out-building, or structure of a temporary character, such as a trailer, tent, shack, barn or other structure shall be used or occupied on the Property by any Owner or other person at any time as a dwelling or living area; provided however that any Builder may maintain and occupy model houses, sales offices and construction trailers in the Development in connection with its activities or construction residences in the Development.
G. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted in or on the Property, nor shall oils wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Property. No derrick or other structure designed for use in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted on the Property.
H. No animals, livestock or poultry of any kind shall be raised, bred or kept on the Property oe dogs, cats or other regular household pets may be kept as g?
household pets. are not to be raised, bred or kept for commercial purpose food. It is x ose of these provisions to restrict the use of the Property so saa pers arter on the Property cows, horses, pigs, bees, hogs, sheep, ~guinea a s, chickens, turkeys, skunks or any other animals that nase with the 2022 - 8183 03/08/2022 10:36AM Page 15 of 24
rty so saa pers arter on the Property cows, horses, pigs, bees, hogs, sheep, ~guinea a s, chickens, turkeys, skunks or any other animals that nase with the 2022 - 8183 03/08/2022 10:36AM Page 15 of 24 peace and quite and health and safety of the community. No more that four (4) household pets will be Occ to reside in each Home. Pets must be restrained or confined to the Homeawy Ms rear yard within a secure fenced area or within the Home. os It is the pet xan IP sibility to keep the Lot clean and free of pet debris or oder may affect,a, g Lots. All animal must be properly registered and tagged, fon identifi Sin Gene rt with local ordinances. Consistently barking egewil be canyiae ed a nuisance and dealt with accordingly. yy I No Lot or other area of the Property shall be used as a dumping ground for rubbish or waste, or for the storage or accumulation of unsightly materials of any kind, including without limitation, broken or rusty equipment, disassembled or inoperative Vehicle and discarded appliances and furniture. Trash, garbage or other waste shall at all time be kept in clean, well maintained sanitary containers. All trash containers shall at all times be screened for view from adjoining Lots and a street except as is reasonably necessary for trash pickup. Materials incident to construction of improvements may only be stored on Lots during construction of the improvements thereon.
J. Each house under construction will be required to have a portable toilet. Trash containers are required and jobsites will be kept clean at all times.
K. No individual or private water supply system is permitted on any Lot.
L. All GoM onin apparatus shall be installed so as not to be visible oo from any street, cg nt of a Home. No air-conditioning apparatus or evaporativ veut
water supply system is permitted on any Lot.
L. All GoM onin apparatus shall be installed so as not to be visible oo from any street, cg nt of a Home. No air-conditioning apparatus or evaporativ veut shall be RAN to any front wall or window of a Home. Window units arg ted ye No exterior antennas, aerials, satellite dishes, or yo for the reception of television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of the Property, including any Home, which is visible from any street, Common Areas or other Lot unless it is impossible to receive signal form said location. In that event the receiving device may be placed in a visible location as approved by the Committee. The Committee may require as much screening as possible while not substantially interfering with reception. No satellite dishes shall be permitted which are larger than twenty-four inches (24”) in diameter. No broadcast antenna mast may exceed the height of the center ridge of the roofline. The Declarant by promulgating this provision is not attempting to violate the Telecommunications Act of 1996 (the “Telecommunications Act’), as same may be amended from time to time. This subsection shall be interpreted to be as restrictive as possible while not violating the Telecommunication Act.
N. No noxious, illegal, or offensive activity shall be carried on upon any portion of the Propert shall anything be done thereon tending to cause os embarrassment, iG rt, annoyance, or nuisance to any person using any portio GP the Property e shall not be maintained plants, animals, device or thing of whose ahies or existence in any way is noxious, dangerous, unsightly, onayabe as may diminish or destroy the enjoyment of the Property GOS?
ursuit of
be maintained plants, animals, device or thing of whose ahies or existence in any way is noxious, dangerous, unsightly, onayabe as may diminish or destroy the enjoyment of the Property GOS?
ursuit of 2022 - 8183 03/08/2022 10:36AM Page 16 of 24 hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of Vehicles and other mechanical devices, that might tend to cause di ly, unsightly, loud or unkempt conditions, shall not be oe pursued or undegeGR any visible part of the Property. \ \ Except for children’s playhouses, dog houses, and gazebos wil ding ig y constructed elsewhere shall be moved onto any Lot, it beigy intention that only new construction be placed and erected on the Property.
P. Within those easements on each Lot as designated on the Plat of the Development or contained herein, no improvement, structure, planting or materials shall be placed or permitted to remain which might damage or interfere with the installation, operation and maintenance of the utilities within such easement, or which might alter the direction of flow within drainage channels or which might obstruct or retard the flow of water through drainage channels. The general grading, slope and drainage plan of a Lot as established by the approved development plans may not be altered without the approval of the agencies having authority to grant such approval.
Q. No sign of any kind or character, including (a) any signs in the nature of a “protest” or complaint against Declarant or any Builder, (b) or that describe, malign or refer to the reputation, character or building practices of Declarant or any Builder, or (c) discourage or otherwise wie or attempt to impact anyone’s decision to acquire a Lot or ‘J
scribe, malign or refer to the reputation, character or building practices of Declarant or any Builder, or (c) discourage or otherwise wie or attempt to impact anyone’s decision to acquire a Lot or ‘J Home in the Devel shall be displayed to the public view on any Lot or from apy @ Home on ay x otk for (x) one professionally fabricated sign of not more thap squar, ve vertising the property for sale, (y) sign used by a Builder t during the construction and sales period, or (z) political si inssee e (5) square feet in size) advocating the election or one or mo sponsorship of a political party, issue or proposal provided that such political signs shall not be erected more than thirty (30) days in advance of the election to which they pertain and shall be removed within two (2) days after the election. All permitted signs shall be ground mounted to a height of not more than three (3) feet. Moreover, no Owner may use any public medium such as the “internet” or any broadcast or print medium or advertising to similarly malign or disparage the building quality or practices or any Builder, it being acknowledged by all Owners that any complaints or actions against any Builder, it being in a private manner and any action that creates controversy or publicity for the Development or the quality of the construction of any Home within the Development will diminish the quality and value of the Development. Declarant, any Builder, the Association, or their agents shall have the right, without notice, to remove any sign, billboard or other advertising structure that does not comply with the above, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal.
N N R. PR of clothes is prohibited. ro
e that does not comply with the above, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal.
N N R. PR of clothes is prohibited. ro ars Lawn mowers, rakes, carts and other yard equipment KS 1 go away fr from adjacent Lots and streets when not in use.
2022 - 8183 03/08/2022 10:36AM Page 17 of 24 T. No business nor business activity, whether for profit or not, shall be permitted in or on anfiowe or Lot, except that an Owner or occupant may conduct os business activities Gate merely incidental to the Owner’s residential use within a G° Home as lgng' ) the existence or operation of the business activity is not appa or detecta! sight, sound or smell from outside the home; (b) the business M&Wity c s to all zoning requirements and other restrictive covenants ayes le to the Property; (c) the business activity does not involve visitation to the Home or Lot by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents in the Development; and, (d) the business activity is consistent with the residential character of the Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Development, as may be determined in the sole discretion of the Board.
U. Above ground swimming pools are prohibited.
6.7. Minimum Floor Area. The total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls (but exclusive of open porches, garages, patios and detached accessory buildings), shall be 2100 square feet.
6.8. Building MateriaJg. The total exterior wall area (excluding windows and doors) ‘J
lls (but exclusive of open porches, garages, patios and detached accessory buildings), shall be 2100 square feet.
6.8. Building MateriaJg. The total exterior wall area (excluding windows and doors) ‘J of each Home cg ., a Lot shall not be less than 85% brick, brick veneer, sto Ov stucco, stuccq NaN on the first floor and 85% on the second floor, or other mas material RE ed by the Architectural Control Committee. vr Oo 0 yy 6.9. Setback Requirement. See Final Plat.
6.10. Fences and Walls and Storage Buildings. All property line fences and walls shall be constructed only of masonry, brick, rock, decorative rod iron or other material as may be approved by the Architectural Control Committee. Wood privacy fences will be allowed and will have the structural supports facing inwards, shall be stained with a Walnut Stain. No chain link or similar type wire fences shall be allowed on any portion of a Lot that is visible from outside any boundary of the Lot. All fences must be a least four feet (4), but not more than six feet (6”) in height. Any decorative metal fence shall be painted black. All fences shall be properly maintained in good condition by the Owner of the Lot upon which the fence or wall is situated. No fences shall be erected in any drainage easement reflected on or established by the Plat if the fence will in any manner impair or impede the flow of drainage waters within such drainage easement.
Storage buildings will be allowed with approval of the ACC. Such buildings must be screened by a wood pris fence. The walls of the building may not be visible above the os privacy fence. Oo Oo NN 6.11. MENHores Shall be a CBU units. KV vw oe 2022 - 8183 03/08/2022 10:36AM Page 18 of 24 6.12. Windows. | Windows, jambs and mullions shall be composed of anodized
privacy fence. Oo Oo NN 6.11. MENHores Shall be a CBU units. KV vw oe 2022 - 8183 03/08/2022 10:36AM Page 18 of 24 6.12. Windows. | Windows, jambs and mullions shall be composed of anodized aluminum, vinyl or wood. Except on a temporary basis to facilitate moving into and out of a Home, and in any apt not more than thirty (30) days, no sheets, blankets, beddin oe or similar maw laced on any window or door on any Home and in no Go shall aluminpi Nilective film or similar treatment be placed on any window,o, door of ome. Window coverings or blinds must be installed on eee. of the h ithin 30 days after occupancy. \y 6.13. Roof. The entire roof of each Home shall have a pitch of at least seven inches (7”) of rise to every twelve (12”) of run, unless otherwise approved by Declarant.
All roofing shall be, at a minimum, 30 year shingle.
6.14. Landscaping. A landscape plan must be submitted to the Architectural Control Committee prior to installation. Landscaping of each Lot shall be completed prior to closing. A 3” in diameter, nursery grown tree shall be planted on the front of each lot.
6.15. General Maintenance of Lots. Following occupancy of the Home upon any Lot, each Owner shall maintain and care for the Home, all improvements and all trees foliage, plants and lawns on the Lot and otherwise keep the Lot and all improvements thereon in good condition and repair and in conformity with the general character and quality of properties in om immediate area. Upon failure of any Owner to maintain a Lot ‘J owned by him in teow rt prescribed herein, the Association or Declarant at its opty and Ounce thout any obligation to do so, after ten (10) days written eo such 0G omply herewith, may enter, or cause a third party to ara
rt prescribed herein, the Association or Declarant at its opty and Ounce thout any obligation to do so, after ten (10) days written eo such 0G omply herewith, may enter, or cause a third party to ara t vi undertake to maintain and care for such Lot to the co BR uired haan der and the Owner thereof shall be obligated, when presented © itemized statement, to reimburse the Association or Declarant, as applicable, for the cost of such work together with interest thereon at the rate of eighteen percent (18%) per annum (but not in excess of the lawful maximum rate) from the date of disbursement by the Association or Declarant, as applicable, upon demand therefore. All sums owing by an Owner to the Association or Declarant, as applicable, shall be subject to the collection procedures and be secured by a lien on the property.
ARTICLE VIL.
GENERAL PROVISIONS 7.1. Additional Easements. Drainage Easements. Easements for installation and maintenance of utilities, storm water retention/detention ponds, and/or conservation area are reserved as may be shown on the Plat. Within these easement areas, no structure, planting or oan Nmaterial shall be placed or permitted to remain which may oo damage or interfer the installation and maintenance of utilities, or which may vy C8 Kor direction of flow of drainage channels or slopes in the ait The eas area of each Lot and improvements contained therein shall b iained 2022 - 8183 03/08/2022 10:36AM Page 19 of 24 authority utility company or the Association is responsible. As long as Declarant owns any Lot, Declarant hereby reserves for the benefit of Declarant a blanket easement on, over or under the ero Bthin the Property to maintain and correct drainage of surface os
As long as Declarant owns any Lot, Declarant hereby reserves for the benefit of Declarant a blanket easement on, over or under the ero Bthin the Property to maintain and correct drainage of surface os waters and othere*Qgtvn’controls in order to maintain reasonable standards of healt G° safety and app Mice and such parties shall be entitled to remove trees or ve ceo withou fg ity for replacement or damages, as may be necessary to prov] quate dig hey facilities. Notwithstanding the foregoing, nothing herein shaQ§¥interpreted to impose any duty upon Declarant to correct or maintain any drainage facilities within the Property.
7.2. Enforcement. Declarant, the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration the Bylaws and Articles of Incorporation. Failure by the Declarant, the Association or by any Owner to enforce any covenant, condition or restriction herein contained, the Bylaws or the Articles of Incorporation shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorney’s fees from the non- prevailing party.
7.3. Severability. If any condition, covenant or restriction herein contained shall be invalid, which inyglidity shall not be presumed until the same is determined by ‘J the final judgment Oso a court of competent jurisdiction, such invalidity shall igor way affect any av condition, covenant or restriction, each of which shall remaingy a x Oo 7 O° Term. The covenants, conditions and restrictions of this Deck ion shall run
y shall igor way affect any av condition, covenant or restriction, each of which shall remaingy a x Oo 7 O° Term. The covenants, conditions and restrictions of this Deck ion shall run with and bind the Property, and shall inure to the benefit of an be enforceable by Declarant (during the time it owns any Lots), the Association, or the Owner of any Lot is subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by vote, of the then Owners of seventy percent (70%) of the Lots (and the City, if then a party hereto) agree in writing to terminate or change this Declaration in whole or in part and such writing is recorded in the Real Property Records of the County.
7.5. Amendment. This Declaration may be amended or modified upon the express consent of at least sixty-six and two-thirds percent (66-2/3%) of the outstanding votes of each class of Members entitled to vote (determined pursuant to Section 3.2 hereof) present at a meeting at which a quorum is present; provided, however, so long as Declarant continues as a Class “B” Member, this Declaration may not be amended without first obtainin rior written consent of Declarant as evidence by Declarant’s os execution of the OR amendment instrument. Any and all amendments, if any,,s be recorded 1 Real Property Records of the County. Notwithstanding the f a g, Declarag&¥)4fl have the right to execute and record amendments to this D iN on we we 2022 - 8183 03/08/2022 10:36AM Page 20 of 24 without the consent or approval of any party (i) so long as Declarant continues a Class
ve the right to execute and record amendments to this D iN on we we 2022 - 8183 03/08/2022 10:36AM Page 20 of 24 without the consent or approval of any party (i) so long as Declarant continues a Class “B” Member or (ii) to correct technical errors.
N 7.6. Remedi Giorcement of these covenants and restrictions shall be by cor proceedin vor in equity, including without limitation, an action for ine ene relief, 1 want? acknowledged and agreed that a violation of the covenants, isi 1ons and regf\WOns contained herein could cause irreparable injury to Declarayg /or the other Owners and that Declarant’s and/or the other Owner’s remedies at law for any breach of the Owner’s obligation contained herein would be inadequate. Enforcement may be commenced by the Association, Declarant, or any Owner against any person or persons violating or attempting to violate them, and failure by the Association, Declarant, or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The rights created herein are unique and enforceable by specific performance. In addition to any remedies at law or equity available hereunder, each Owner may also be subject to a fine to be levied by the Association and determined by the Board of Directors (to be collected by the Association) for each day that such Owner fails to comply with covenants, conditions and restrictions contained herein (other than for nonpayment or delinquency in Assessments).
Such fine levied by the Association shall be due and payable at such time as is designated by the Board of Directors. All fines levied by the Association at the time levied shall be added to and included in the amount of the assessment due from such Owner and shall be
time as is designated by the Board of Directors. All fines levied by the Association at the time levied shall be added to and included in the amount of the assessment due from such Owner and shall be subject to the same remedigs and rights of enforcement as assessments set forth in this ‘J Declaration. coe coe \ CN 7.7 ices to Owners. Any notice required to be given to any @ whder the Pp Q Rions of this Declaration shall be deemed to have been properly WD) vered forty-eight (48) hours after deposit in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, and addressed to the last known address of the person who appears as Owner in the public records at the time of such mailing.
7.8. Formation of Association; Inspection of Documents, Books and Records.
The Association shall be formed by Declarant as a non-profit corporation in accordance with the laws of the State of Texas. Management and governance of the Association shall be implemented and/or undertaken in accordance with its Articles of Incorporation, in accordance with this Declaration, and in accordance with the Bylaws which shall be adopted by the Association following its formation. The Association shall make available copies of the Declaration, Bylaws, Articles of Incorporation, rules and regulations governing the Association as well as the books, records and financial statements of the Association for inspection by Owners or any Mortgagee during regular business hours or other reasonable times.
7.9. Indemni QP ihe fullest permitted by applicable law, the Association s ioe indemnify, d and hold harmless Declarant, Board of Directors, the Commi IO he + officers ast Committee from all judgments, penalties (including excise ilar
ted by applicable law, the Association s ioe indemnify, d and hold harmless Declarant, Board of Directors, the Commi IO he + officers ast Committee from all judgments, penalties (including excise ilar t Pres, settlements and reasonable expenses (including attorney ¥ incurred by 20 2022 - 8183 03/08/2022 10:36AM Page 21 of 24 such indemnified person arising out of or in connection with such indemnified persons’ acts performed in good faith pursuant to this Declaration.
ye Each of the conditions, covenants, restrictions and cor contained i is made for the mutual benefit of, and is binding ach agreements an eve Sdn acquiring any part of the Property, it being understood th any land except in the Development. This Declaration, when executed, shall be filed of record in the Real Property Records of the County so that each and every Owner or purchaser of any portion of the Property is on notice of the conditions, covenants, restrictions and agreements herein contained.
7.11. Recorded Plat; Other Authorities. All dedications, limitations, restrictions and reservations that are shown on the Plat are deemed to be incorporated herein and shall be constructed as being adopted in each contract, deed or conveyance executed or to be executed by Declarant or any Owner, conveying the Lots, whether specifically referred to therein or not. If other authorities, such as the City or County, impose more demanding, expensive, extensive or restrictive requirements than those that are set forth herein (through zoning or otherwise), the requirements of such authorities shall be complied with. Other authorities’ imposition of lesser requirements that those that are set
those that are set forth herein (through zoning or otherwise), the requirements of such authorities shall be complied with. Other authorities’ imposition of lesser requirements that those that are set forth herein shall not supersede or diminish the requirements that are set forth herein.
7.12. Soil nt. Each Owner acknowledges that the failure or excessaN move Y foundation of any Home in the Development can result i ow aoe value and overall desirability of the entire Development. co agrees derstands that the maintenance of the moisture content of the ND on each Lot is necessary to preserve the structural integrity of each Home in the Development. Each Owner also acknowledges that the long term value and desirability of the Development is contingent upon each Owner maintaining its Home so that no structural failure or excessive soil movement occurs within the Development. EACH OWNER IS HEREBY NOTIFIED THAT THE SOIL COMPOSITION IN NORTH TEXAS IN GENERAL AND THE DEVELOPMENT IN PARTICULAR AND THE CONDITION OF THE LOTS MAY RESULTS IN THE SWELLING AND/OR CONTRACTION OF THE SOIL IN AND AROUND THE LOT IF THE OWNER OF THE LOT DOES NOT EXERCISE THE PROPER CARE AND MAINTENANCE OF THE SOIL REQUIRED TO PREVENT SOIL MOVEMENT.
If the Owner fails to exercise the necessary precautions, damages, settlement, movement or upheaval to the foundation and structural failure may occur. Owners are highly encourage to install and maintain proper irrigation around their Home and take such other measures to ensure eversMoportional, and prudent watering around the foundation of the os Home. ) C° Oo By By each goes s acceptance of a deed to any Lot, each Owner, on behalf er o representatives, successors and assigns, hereby re and 21 2022 - 8183 03/08/2022 10:36AM Page 22 of 24
he os Home. ) C° Oo By By each goes s acceptance of a deed to any Lot, each Owner, on behalf er o representatives, successors and assigns, hereby re and 21 2022 - 8183 03/08/2022 10:36AM Page 22 of 24 of the Development shall not be responsible or liable for, and Owner shall assume all risk and consequences of, and@amages, settlement, movement or upheaval to the foundation, ‘J structural failure, Gj mage to any other part of the Home caused by Owner’s failue,O to exercise PORN re and maintenance of the soil required to prevent soil ma and heregy Gases and forever discharges Declarant and their respective sha S me “officers, directors, partners, employees, agents, representatives, aff Mates, aes successors and assigns, of and from any and all claims for ky ief and causes of actions, liabilities, damages and clairms whatsoever, known and unknown, direct or indirect, arising from or relating to Owner's failure to exercise proper care and maintenance of the soil required to prevent soil movement, including but not limited to, any damage caused by or related in any fashion to the failure or improper or uneven watering of the Lot, planting of improper vegetation near the foundation, or any action by any Owner that affects the drainage of any Lot. Declarant recommends that each Lot owner have their foundation engineered by a licensed engineer.
7.13. Compliance with Laws. At all times, each Owner shall comply with all applicable federal, state, county, and municipal laws, ordinances, rules and regulations with respect to the use, occupancy, and condition of the Property and any improvements thereon. Hf any provision contained in this Declaration or any amendment is found to violate any law, then the provisions shall be interpreted to be as restrictive as possible to
and any improvements thereon. Hf any provision contained in this Declaration or any amendment is found to violate any law, then the provisions shall be interpreted to be as restrictive as possible to preserve as much of the original provisions as allowed by law.
IN WITNESS Gor, THE UNDERSIGNED OWNERS DO HEREBY ork EXECUTE DECLARATION, EFFECTIVE THE 3RD DAY OF MA 2022. XV \ we OWNER, we Burleson Hidden Vista, LP.
BY: Yo PETER THOMAS, MEMBER STATE OF TEXAS COUNTY JOHNSON Before me, the undersigned, a Notary Public in and for said State, on this day rth_ 3.2022. personally appeared Peter Thomas, Burleson Hidden Vista, LP a Texas Limited Partnership for the purpose and consideration therein expressed, and in the capacity therein stated.
rd Ir Given under my hand and seal of office this the 3- day of Mare 2022.
Ay nitty, WYMAN BRADLEY FRALEY & ee lic, State of Texas Sit A Ao. Mm. Expires 07-30-2024 | va Notary ID 1658922 2022-8183 03/08/2022 10:36AM Page 23 of 24 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 23 2022-8183 03/08/2022 10:36 AM Page 24 of 24 Johnson County Becky Ivey Johnson County Clerk Instrument SOS 2022 - 8183 . cg Ie Property go” Bylaws Recorded On: March 08, oD AM Number of Pages: 24 “ Examined and Charged as Follows: " Total Recording: $114.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To: Document Number: 2022 - 8183 oN Receipt Number: 20220308000078 \ CG° 5072 North 300 West Simplifile Recorded Date/Time: March 08, 2022 10:36.
User: Leslie S iv PROVO UT Station: ccl83 O i \
Return To: Document Number: 2022 - 8183 oN Receipt Number: 20220308000078 \ CG° 5072 North 300 West Simplifile Recorded Date/Time: March 08, 2022 10:36.
User: Leslie S iv PROVO UT Station: ccl83 O i \ STATE OF TEXAS COUNTY OF JOHNSON Thereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Johnson County, Texas.
Becky Ivey S Johnson County Clerk oes ae y a.
Johnson County, TX