Declaration of Restrictive Covenants of The Highlands Addition Fort Worth, Texas Subdivision Basic Information Date: January 1, 2022 Declarant/Property Owners Association: The Highlands Homeowner's Association, a Texas nonprofit corporation 7421 Royal Troon Drive Fort Worth, TX 76179 Name of “Subdivision”: The Highlands, a Subdivision i Owners Association by an Owner ciation under this Declaration.
"Assessment" means any amount : or levied against an Owner by the Prope my "Board" means the BoarXoF ifectors pf}the Property Owners Association.
"Bylaws" means t Property Owners Association adopted by the Board.
"Common Area" nfeags ‘all Pxoperty within the Subdivision not designated as a Lot on the asements" means Easements within the Property for utilities, drainage, and other purposes as shown on the Plat or of record.
"Lot" means each tract of land designated as a lot on the Plat, excluding lots that are part of the Common Area.
"Member" means Over. HMMA A D222015445 01/18/2022 03:17 PM Page: 1 of 19 Fees: $91.00 BY LAW ; ANDS HOMEOWNERS ASSOC. .
SUBMITTER: HIGHL hom ds Mcchobern ERK COUNTY CL D222015445 Page 2 of 19 "Owner" means every record Owner of a fee interest in a Lot.
"Plat" means the Plat of the Property recorded in Cabinet A, Slide 4011, of the real property records of Tarrant County, Texas, and any replat of or amendment to the Plat made in accordance with this Declaration.
"Renting" means granting the right to occupy and use a Residence or Structyre in exchange for consideration.
"Residence" means a detached building designed for and used as a dwelling e Family and constructed on one or more Lots.
"Short Term Renting" means granting the right to occupy and esidence or , Or Marriage or a
" means a detached building designed for and used as a dwelling e Family and constructed on one or more Lots.
"Short Term Renting" means granting the right to occupy and esidence or , Or Marriage or a ‘ other tht Residence), including a sidewalk, driveway, fence, wall, tennis court, swimittg pool, outbuilding, or recreational equipment.
"Subdivision" means the Property 5, subject to this Declaration.
"Vehicle" means any conveyance, whether self-progel D222015445 Page 3 of 19 Clauses and Covenants A. Property Owners Association 1. Establishment and Governance. The Property Owners Association is established by filing its certificate of formation and is governed by the certificate, the Declaration, and the Bylaws. The Property Owners Association has the powers of a nonprofit corporation and a property owners association under the Texas Business Organizations Code, the Texas Code, and the Dedicatory Instruments.
De Rules. The Board may adopt rules that do not conflict with 3. Membership and Voting Rights. Every Owner is a Owners Association. Membership is appurtenant to and may ne The AsSeciation shall have a Board of Directors (the “Board”) composed of three (3) perso ich need not be Owners (but if not rhe s of the Association shall specify s to be served by the respective of the Association for the benefit of the procedure for nomination and ecignot f d, the costs required to be paid from the Directors. The Board shall exercise the p the lots and the Owners, and shall pay, or 5. e fon, Ka és Maintenance Obligations. The Association shall perform the Common#asiliti€s Maintenance as set forth in Section B.
6. be Association, to the extent the Board deems appropriate
pay, or 5. e fon, Ka és Maintenance Obligations. The Association shall perform the Common#asiliti€s Maintenance as set forth in Section B.
6. be Association, to the extent the Board deems appropriate for Association purp9 ; ave the power to own real property, personal property, or interests in any of the ;‘to open bank accounts; to enforce these Regulations as herein provided; to obta 1. Associations’ Maintenance Obligations.
a. The Association shall be obligated to maintain, repair, replace, and renew or cause to be maintained, repaired, replaces, or renewed the Common Facilities in a clean, sightly, safe, and superior condition.
Maintenance, to the extent not being performed by a governmental authority or an Owner shall include: D222015445 Page 4 of 19 i. The repair, replacement, renewal, and cleaning of all lighting, fences, fixtures, signs, entrance monuments and markers, traffic signs and control signals; ii. The mowing, watering, fertilizing, weeding, replanting, and replacing of landscaping; iii. The maintenance of liability and casualty insurance on and with respect to the Common Facilities; and\ iv. The payment of ad valorem taxes assessed on the Cg Areas or Facilities, if any.
Notwithstanding the foregoing, maintenance of any land C. Assessments 1. Authority. The Property Owners Associatio the recreation, health, safety, and welfare of the residents in‘ expenses of the Property Owners Association, and t rove antn sion, to fund operating tain the Common Areas.
2. Personal Obligation. An Assessra€ rsonal obligation of each Owner when the Assessment accrues.
e- Regular Assessments are levied annually by the Board to fund the operating and maintenance expenses of the Property Owners b. Changes to Regular Assessments. Regular Assessments may be changed
ues.
e- Regular Assessments are levied annually by the Board to fund the operating and maintenance expenses of the Property Owners b. Changes to Regular Assessments. Regular Assessments may be changed annually by the Board. Written notice of the Regular Assessment will be sent to every Owner at least thirty days before its effective date.
c. Collections. Regular Assessments will be collected yearly in advance, payable on the first day of January of each year.
6. Special Assessments. In addition to the Regular Assessments, the Board may levy D222015445 Page 5 of 19 Special Assessments for the purpose of funding the cost of any construction, reconstruction, repair, or replacement of any capital improvement on the Common Area or for any other purpose benefitting the Subdivision but requiring funds exceeding those available from the Regular Assessments. Special Assessments must be approved by the Members. Written notice of the terms of the Special Assessment will be sent to every Owner.
7. Approval of Special Assessments. Any Special Assessment must be approved by a two-thirds majority vote at a meeting of the Members in accordance with the Bylaws.
8. Fines. The Board may levy a fine against an Owner for a viola Dedicatory Instruments as permitted by law.
10. Delinquent Assessments. Any Assessment not is due is delinquent.
D. Architecture Control Committee 1. Establishment } a. Purpose. The ACCLis established as a committee of the Property Owners Association to assist th ‘opentty,Owners Association in ensuring that all Residences, St 2 andgcaping within the Subdivision are aesthetically consists of three (3) persons appointed by the Board.
or replace an ACC member at any time.
stavdards. Subject to Board approval, the ACC may adopt standards that
hin the Subdivision are aesthetically consists of three (3) persons appointed by the Board.
or replace an ACC member at any time.
stavdards. Subject to Board approval, the ACC may adopt standards that pnflict with the other Dedicatory Instruments to carry out its purpose.
Plan Review a. Required Review by ACC. No Residence or Structure may be erected on any Lot, or the exterior altered, unless plans, specifications, and any other documents requested by the ACC have been submitted to and approved by the ACC. The plans and specifications must show exterior design, height, building materials, color scheme, location of the Residence and Structures depicted horizontally and vertically, and the general plan of landscaping, all in the form D222015445 Page 6 of 19 and detail the ACC may require.
b. Procedures i. Complete Submission. Within fifteen (15) days after the submission of plans and specifications by an Owner, the ACC must notify the submitting Owner of any other documents or information required by the ACC. In the absence of timely notice from the ACC reqyesting additional documents or other information, the submission is complete.
il. Deemed Approval. If the ACC fails to give notig of the plans and specifications to the submitting Owne days after complete submission, the submitted plans“ar deemed approved.
c. Appeal. An Owner may appeal any agtig gt, the appealing Owner mcf within fifteen (15) days ermine the appeal within thirty (30) e determination by the Board is days after timely notice of appeal } final.
d. ain written records of all requests submitted Board will maintain written records of all . Ne Property Owners Association, the Board, the ACC, and pot be liable to any person submitting requests for approval or
n records of all requests submitted Board will maintain written records of all . Ne Property Owners Association, the Board, the ACC, and pot be liable to any person submitting requests for approval or lat, Easements, and all matters shown of record affecting the Property are aration and are incorporated by reference.
2. An Owner may use that portion of a Lot lying in an Easement for any purpose that does not interfere with the purpose of the Easement or damage any facilities. Owners do not own any utility facilities located in an Easement.
3. Neither Declarant nor any Easement holder is liable for damage to landscaping or a Structure in an Easement.
D222015445 |Page 7 of 19 4. Declarant and each Easement holder may install, maintain, and connect facilities in the Easements.
F. Use and Activities 1. Permitted Use. A Lot may be used only for an approved Residence and approved Structures for Single Family residential use, including Short Term Renting in compliance with applicable law.
Des Prohibited Activities. Prohibited activities are a. any activity that is otherwise prohibited by the Dedicato nts> b. any illegal activity; d. any dumping of rubbish; é. any storage of — building materials exe s, the construction or renovation of i.
a Residence or a St €; D Noe eYin a garage or Structure or operable eg AY NDF king of vehicles overnight in the street; il. vehicles, ex automobiles on aires vitional vehicles, trailers of any type cannot be parked they are visible from the street.
the display of any sign except — i. one not more than five square feet, advertising the Lot/Property for sale or rent or advertising a garage or yard sale; and ii. political signage not prohibited by law or the Dedicatory Instruments;
. one not more than five square feet, advertising the Lot/Property for sale or rent or advertising a garage or yard sale; and ii. political signage not prohibited by law or the Dedicatory Instruments; j. installing a mobile home, manufactured home, manufactured housing, D222015445 Page 8 of 19 motor home, or house trailer on a Lot; and k. interfering with a drainage pattern without ACC approval.
1. No Commercial activity shall be carried on out on any residence, nor shall anything be done thereon which may create environmental contamination or which may be or become an annoyance, nuisance, or environmental hazard to other owners in the Subdivision, in the reasonable determination of suckh,other owner(s) m. No horses, cattle, cows, swine, sheep, goats, poultry or li pets may be kept or bred for commercial purposes, nor run unleashed or at large within the Subdivision. Should become a nuisance, in the opinion of the Commrttee,> the Subdivision on written demand to the owng G. Construction and Maintenance Standards 1. Lots ll landscaping, the Residence, and d attractive condition.
Maintenance. Each Owner all Structures in a neat, well> 2. Residences and Structur é All Residences and Structures must be ‘ith the Subdivision, as determined by the ACC.
d Area. The total area of a Residence, exclusive of porches, or aust Be at least 2,350 square feet.
pcation on Lot. No Residence or Structure may be located in violation of etback lines shown on the Plat. Each Residence must face the front Lot line.
tructures must be located behind the front wall of the Residence. All utbuildings, except garages, must not be visible from any street.
e. Garages. No carports shall be allowed. Each lot must have an automobile garage, which garage shall be capable of storing a minimum of two (2)
s, except garages, must not be visible from any street.
e. Garages. No carports shall be allowed. Each lot must have an automobile garage, which garage shall be capable of storing a minimum of two (2) conventional size automobiles. All garages shall have access by means of a “wrap-around” driveway, such that the door(s) to the garage is/are not visible from the street fronting the applicable lot. On corner lots, the garage doors may face the abutting side street, and the Committee’s determination shall be conclusive as to which street constitutes the “abutting: side street”.
D222015445 Page 9 of 19 f. Damaged or Destroyed Residences and Structures. Any Residence or Structure that is damaged must be repaired within 180 days (or within a period approved by the ACC) and the Lot restored to a clean, orderly, and attractive condition. Any Residence or Structure that is damaged to the extent that repairs are not practicable must be demolished and removed within 200 days and the Lot restored to a clean and attractive condition.
g. Fences, Walls, and Hedges. No fence, perimeter wall or hedge $ erected, placed, altered or maintained on any lot within the Front Setba in any event, forward of the front wall line of the main dwelling. No shall be subject to approval by the Committee. In any ¢ hedge shall be erected, placed or altered on any lot wit Committee.
h. Traffic Sight Lines. No landscaping that\obstruéts] traffic sight lines may be placed on any Lot.
i, Landscaping. Landscaping must, b& maintained continuously by the lot Owner. The minimum landscaping j. Detached Buildings outbuilding apartments made-q for rent to the public are not permitted on must be aesthetically and architecturally the main dwelling and the remainder of the
minimum landscaping j. Detached Buildings outbuilding apartments made-q for rent to the public are not permitted on must be aesthetically and architecturally the main dwelling and the remainder of the be Committee. All living quarters on any lot, other occupant’s op : immMediatefa sat, shack garage, barn or other outbuilding, or any part thereof, shall esidepce or dwelling, either temporarily or permanently, except as norized by these Regulations or approved by the Committee.
urbage Disposal and Dumping. Garbage shall not be kept except in ontainers and such containers shall be kept in a clean and sanitary ér than on the day of trash pick-up, no trash cans or garbage cans shall at any me or times be permitted to remain on the street or in front of the lots forward of the building line so that same may be seen by a person using the street in the Subdivision.
L. Mineral Activity. No mineral exploration, development, production, storage, treatment or operations of any kind shall be permitted upon any lot.
m. Parking. Driveways are for parking personal vehicles. House trailers, boats, recreational vehicles, buses, trucks, trailers of any type, or similar vehicles D222015445 Page 10 of 19 shall not be parked on a driveway or street. No vehicles of any kind are to be parked on an ongoing basis in the public street or in driveways or to be left at such place more than twenty-four (24) hours. Whenever possible all vehicles are to be parked in an enclosed garage or as and where approved by the Committee.
The driveway will not be used to store any type of lawn or garden materials, rooftop, or bumper carriers or ladders.
n. Signs. No sign of any kind shall be displayed to the public view except (i) one professional sign of not more than (5) square feet advertising the pro sale.
rooftop, or bumper carriers or ladders.
n. Signs. No sign of any kind shall be displayed to the public view except (i) one professional sign of not more than (5) square feet advertising the pro sale.
: Ail not permit the g gnts or other unsightly articles, vehicles or recreational property on said [dt-or’ the abutting easements or streets. The area between the paveme et-tine shall also be kept and maintained by the Owner of the abutting’ If any Owner does not comply with these terms, then after compliance w tems of these Regulations, any other Owner or the Committee is g the extent necessary to co noncomplying Owner, and_the Regulations, for the account of the shall be entitled to reimbursement of Owner.
neces and Structures omposition roofs may be used on Residences and tacks must be painted to match the roof color.
alltag/shingles that are (1) designed primarily to be wind and hail resistant, (2) ide heating and cooling efficiencies greater than those provided by customary hosite shingles or (3) provide solar generation capabilities; and that, when stalled are not on the roofs front street facing: Also, (A) resemble the shingles used or otherwise authorized for use on property in the subdivision; (B) are more durable than and are of equal of superior quality to the shingles used or otherwise authorized for use on property in the subdivision; and (C) match the aesthetics of the property surrounding the owner's property.
b. Air Conditioning. Window- or wall-type air conditioners may not be used in a Residence.
D222015445 Page 11 of 19 c. Exterior Walls. All Residences must have at least 70 percent of their exterior walls, including exposed foundation, of stone or brick, minus windows and doors, unless otherwise approved by the ACC.
c. Exterior Walls. All Residences must have at least 70 percent of their exterior walls, including exposed foundation, of stone or brick, minus windows and doors, unless otherwise approved by the ACC.
d. Swimming Pool Equipment. All pool or pool service equipment shall be located either, (a) in a side yard between the front and rear boundaries of the main dwelling, or (b) in the rear yard directly abutting and adjacent to the main dwelling. In addition, this equipment must be visually screened by a solid masonry wall or wood fence of approved type and construction. All sérée walls shall be fully landscaped with landscaping of a type, quality gp approved by the Committee.
e. Tennis Courts. No tennis court lighting shall be constructed lot, unless otherwise approved by the Committee.
permitted to be used, placed, or main d on of w1any building or in any part of the Subdivision, without the prior writt sent of the Committee.
H. Remedial Rights © 1 Late Charges and Interest até\charge of 12 percent of the delinquent amount is assessed for delinquent payments adugit Assessments accrue interest at the rate of 10 2. Costs, Attoyhe d Expenses. If the Property Owners Association Association in collectimf dek Orcement. The Property Owners Association may bring an action collect delinquent Assessments, foreclose the Property Owners gr enforce or enjoin a violation of the Dedicatory Instruments. An Owner against another Owner to enforce or enjoin a violation of the Dedicatory 4. Remedy of Violations. The Property Owners Association may levy a fine against an Owner for a violation of the Dedicatory Instruments.
5. Suspension of Rights. If an Owner violates the Dedicatory Instruments, the
iolations. The Property Owners Association may levy a fine against an Owner for a violation of the Dedicatory Instruments.
5. Suspension of Rights. If an Owner violates the Dedicatory Instruments, the Property Owners Association may suspend the Owner's rights under the Dedicatory Instruments in accordance with law.
D222015445 Page 12 of 19 6. Damage to Property. An Owner is liable to the Property Owners Association for damage to Common Areas caused by the Owner or the Owner's family, guests, agents, independent contractors, and invitees in accordance with law.
1. Imposition of Covenants 1. Declarant imposes the Covenants on the Subdivision. All Owners and other occupants of the Lots by their acceptance of their deeds, leases, or occupancy of any Lot agree that the Subdivision is subject to the Covenants.
J. General Provisions re 1. Term. This Declaration r anti and is binding in perpetuity.
Pro Owners Association or an Owner to enforce 2. No Waiver. Failyfob the Dedicatory Instruments is AE aived in this Declaration, provided that any correction must right of any Owner.
is Declaration may be amended at any time by vote of 67 percent vote on the amendment. An instrument containing the approved Severability. If a provision of this Declaration is unenforceable for any reason, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other provision of this Declaration, and this Declaration is to be construed as if the unenforceable provision is not a part of the Declaration.
Fe Notices. All notices must be in writing and must be given as required or permitted by the Dedicatory Instruments or by law. Notice by mail is deemed delivered (whether
ot a part of the Declaration.
Fe Notices. All notices must be in writing and must be given as required or permitted by the Dedicatory Instruments or by law. Notice by mail is deemed delivered (whether actually received or not) when properly deposited with the United States Postal Service, D222015445 Page 13 of 19 addressed (a) to a Member, at the Member's last known address according to the Property Owners Association's records, and (b) to the Property Owners Association, the Board, the ACC, or a managing agent at the Property Owners Association's principal office or another address designated in a notice to the Members. Unless otherwise required by law or the Dedicatory Instruments, actual notice, however delivered, is sufficient.
8. Annexation of Additional Property. On written approval of the Board and not less than 75 percent of the Members at a meeting in accordance with the Bylaws, the owner of any property who desires to subject the property to this Declaration may record an a kati agreement that will impose this Declaration and the Covenants on that property.
K. Enforcement 1. Parties Bound. These Regulations shall run with the la Owner. Owner’s successors and assigns and all parties claiming by, thr¢gug all subsequent owners of property in the Subdivision, each of 5 to observe the terms of this instrument provided, however, except with respect to breaches committed during such persq applicable. In the event the Association, as applicabfe Nails or fefuses’to enforce a provision of these Regulations for a period of thirty (30) days af itten notice from an Owner, such Owner shall have the right but not the obligation 6 eno ch provision. A breach of any of the provisions of these Regulations shall entitled to enforce such provision the
ten notice from an Owner, such Owner shall have the right but not the obligation 6 eno ch provision. A breach of any of the provisions of these Regulations shall entitled to enforce such provision the right to bring a proceeding at law or in equ t A to breach these Regulations and to enon sus arty_of parties from so doing or to cause such ting from such breach. A breach of these Regulations by an Owner relati se pr}maintenance of a lot or party thereof is hereby declared to be and constitute d every public or private remedy allowed by law or equity for the abatement ofp Ox private nuisance shall be available to remedy such breach In any legal or equitable pro the enforcement of these Regulations or to restrain a fixed by the Court proceedings. All remedies provided under these Regulations, including those ése Regulations to do so shall not be deemed a waiver of the right of any otke uch right nor a waiver to do so for a subsequent breach or the right to a : rovision of these Regulations. No party having the right to enforce these Limitation of Impact on Mortgages. The violation of any term or provision of this instrument shall not invalidate any mortgage, deed of trust or other lien acquired and held in a good faith against any lot, or any part thereof, but any liens granted herein may be enforced against any and all lots so encumbered notwithstanding the existence of any other mortgage, deed of trust, or other lien.
3, Standing and Remedies. Subject to the provisions of this Article K, any Owner of any lot or lots in the Subdivision shall have the right to enforce observance or performance of the D222015445 Page 14 of 19 provisions of this instrument. If any person violates or attempts to violate any term or provision
Subdivision shall have the right to enforce observance or performance of the D222015445 Page 14 of 19 provisions of this instrument. If any person violates or attempts to violate any term or provision of this instrument, it shall be lawful for the Association, as applicable, or upon compliance with the applicable terms hereof, any Owner owning any lot in the Subdivision, to prosecute proceedings at law or in equity against the person violating or attempting to violate any term or provision of this instrument in order to accomplish any one or more of the following to prevent a violation of any provision of this instrument, whether by an Owner or any such Owner’s tenants, licensees, invitees or representatives, to correct such violation, to recover damages, or to obtain such other relief for such violation as then may be legally available.
4. Liens and Enforcement Thereof. Notice of any lien referred Regulations may be given by the recordation in the Real Property Records of Tz Texas of an Affidavit of Delinquent Assessment Lien, duly executed by a Dig authorized representative of the Association, as applicable, setting forth the % name of the last known Owner. Owners of the lot in question and the leg Owner’s ownership interest in such lot, and hereby vests inl bring all actions against such Owner or Owners personally ‘ e“oflection of such unpaid may be amended or revised from time to ogisne 5 Sas and in addition to and in connection FO therewith, by acceptance of a deed to his at “evidence by his/her signature below, and sokveys to the authorized representative named risje& (and to any substitute or successor Trustee as each Owner expressly grants, ae se purpose of securing the afore ferNo eg
/her signature below, and sokveys to the authorized representative named risje& (and to any substitute or successor Trustee as each Owner expressly grants, ae se purpose of securing the afore ferNo eg unpaid by such Owner. The sfe¢Nherein designated may be changed from time to time by execution of an instrumen s sitvfed by the authorized representative of the Association and filed in the office of tKe erk of Tarrant County, Texas. In the event of the election of the Board to forey ose the NenSthen it shall be the duty of the Trustee, or his successor, as successors. The Trustee shall give notice of such sale by posting a written notice of time, place and terms of sale for at least twenty-one (21) consecutive days preceding the date of sale at the Courthouse Door of Tarrant County, Texas and, in addition, the Board shall serve written Notice at least twenty-one (21) consecutive days preceding the date of sale or the proposed sale by certified mail on each Owner or Owners according to the records of the Board, and file the appropriate Notice with the County Clerk’s Office of Tarrant County, Texas. Notwithstanding any other provision of these Regulations to the contrary, service of such notice shall be D222015445 j Page 15 of 19 puyeiivvilg completed upon deposit of the notice, postage prepaid, properly addressed to such Owner or Owners at the most recent address as shown by the records of the Association, in a Post Office or Official depository under the care and custody of the United States Postal Service. The Affidavit of any person having knowledge of the facts to the effect that such service was completed shall be prima facie evidence of the fact of such service.
At any foreclosure, judicial or non-judicial, the Association shall be entitled to bid up to the
o the effect that such service was completed shall be prima facie evidence of the fact of such service.
At any foreclosure, judicial or non-judicial, the Association shall be entitled to bid up to the amounts secured by its lien, together with its costs and attorney’s fees, and to apply as afyedit any such foreclosure, the Owner(s) or occupants of such lot shall be required to pay a rent for the use and occupancy of the lot and any of the improvements the € Ann Sec 51.002 relating to non-judicial sales by power sale and in the event oi sequent amendment of ae-AssOciation, acting without joinder of any lot Owner, ay aniend these Reguls ith such amendments to Texas Prop Code Sec 51.002.
5. Result of Conflicting Regulgtigns.
or thing prohibited by the applicable zon governmental authority, or by specific re conflict, the most restrictive provision record or these Regulations shalgpye a€ laws, rules, and regulations of any enants of record. In the event of any , rules, regulations, restrictive covenants of ach Owner shall be responsible for any breach of wn acts or omissions or the acts or omissions of any 6. Responsibilit these Regulations which occupant of such Owner’s kerMand Committee Member Liability. The Directors and the i the members of the Architectural Control Committee shall not be e Owners or to the Association for any act or omission in executing ad, obligations of each of them as set forth in these Regulations for any 7. Dire 4 any mistake in judgement negligence or nonfeasance arising out of or in h the approval or disapproval or failure to approve any plans submitted for sand officers of the Association, the members of the Architectural Control Committee from and against any and all claims causes of action, damages, suits fees and costs including
y plans submitted for sand officers of the Association, the members of the Architectural Control Committee from and against any and all claims causes of action, damages, suits fees and costs including attorney fees arising out of or resulting from, whether directly or indirectly, from the acts of omissions of the Directors of offices of the Association or the members of the Architectural Control Committee, or arising out of their status as such, unless any such contract, act or omission constitutes willful misconduct. The foregoing indemnification shall include indemnification against all costs and expenses (including, but not limited to, attorney’s fees, D222015445 Page 16 of 19 amounts of judgments paid and amounts paid in settlement) actually and reasonably incurred in connection with the defense of any claim, action, suit or proceeding whether civil, criminal, administrative or other in which any such Director, officer or Committee Member may be involved by virtue of being or having been the director, officer or Committee Member, provided however, that such indemnity shall not be operative with respect to (i) any matter as to which such person shall have finally been adjudged in such action suit, or proceeding to be liable for willful misconduct in the performance of his duties as Director, officer, or Committee Member or (ii) any matter settled or compromised unless in the opinion of independent counsel selected by or in a manner determined by the Board, there is no reasonable ground for such persd keing adjuster liable for willful misconduct in the performance of his duties as Directog/-e Committee Member.
8. Compliance with Law. Each Owner shall at all times comply federal, state, county, and municipal laws, ordinances, rules, and regulatig
the performance of his duties as Directog/-e Committee Member.
8. Compliance with Law. Each Owner shall at all times comply federal, state, county, and municipal laws, ordinances, rules, and regulatig 9. Estoppel Certificate. Upon the written reque security interest in a lot the Association shall issue a certify , Tex setting forth the amount of any delinquent Assessment with respect to aid lot and Owner. A reasonable charge may be made for issuance of the certificate.
10. Severability. If any of the covenants, shall be found void or unenforceable for whateve every other covenant, condition, or term here TO! al’remain valid and binding provided that in such event all of the then Owners e such covenant condition or term to the ex, 6 carry out the general intention of these Regulations and to impart validity to sug heh ant Xondition, or term.
11. Owner’s Liabil i sale, Successor’s Obligation. On sale of a home, the Owner so selling shal Peart P which accrue after the da herein contained shall be 9’as to relieve the lot of any lien arising by reason of such bt from any liabilities or obligations incurred under these Pérformance Force Majeure. If the performance of any act or e Regulations is prevented or delayed by an act of God, fire, earthquake, stion of the elements, war, invasion, insurrection, mob violence, sabotage, ief, inability to procure or general shortage of labor, amen or facilities, military or naval authorities or any other cause, whether ‘similar or dissimilar to the foregoing, not within the reasonable control of the Person required to perform such act or obligation, then such Person shall be excused from the performance of such act or obligation for so long as such
egoing, not within the reasonable control of the Person required to perform such act or obligation, then such Person shall be excused from the performance of such act or obligation for so long as such Person is so prevented or delayed by reason thereof. This force majeure provision shall apply to the Association’s, the Committee’s, and each Owner’s obligations hereunder, except those that require the payment of money.
D222015445 Page 17 of 19 13. Notices. Any notice required or desired to be given under these Regulations shall be in writing and shall be deemed to have been properly served when delivered in person and receipted for, or (it) two (2) days after deposit in the United States Mail, certified, return receipt request, postage prepaid, addressed, it to an Owner to such Owner’s last known address as shown on the records of the Committee or the Association, as the case may be, at the time of such mailing or if to the Association, to its President, Secretary, or registered agent initial address for the Association and the Committee, the Association, shall remain effective until a supplement to these Regulations shall be property made and filed by an authorized representative in t Property Records of Tarrant County, Texas, specifying a different address for the p such supplement (in which even such address specified in such Supplement shall be for the purposes of this Section, for the addressee named in such Supplement).
14. Captions, Singular, Plural, and Gender. The Article and Séeti intended for convenience only and shall not be construed with any substantt Regulations. Words used herein shall be deemed to include singular a as the context requires.
15. Counterparts. These Regulations may be exe each of which shall be deemed an original and all of which‘gha
ulations. Words used herein shall be deemed to include singular a as the context requires.
15. Counterparts. These Regulations may be exe each of which shall be deemed an original and all of which‘gha instrument, but only one of which need to be produc d recorded: ENCy \S a s sOnsitute one and the same D222015445 Page 18 of 19 The Highlands Homeowner's Association, a Texas nonprofit corporation, By: Highlands Homeowner's Association on behalf of Association STATE OF TEXAS ) COUNTY OF TARRANT ) This instrument was acknowledged before ‘x l -Zo22. , 2024; by Lboetksom , aif ‘ef The Highlands Homeowner's Association, a Texas nonprofit corporation.
tat? —_ State of Texas commission expires: 1- 1-202, D222015445 Page 19 of 19 DECLARATION OF AUTHENTICITY STATE OF TEXAS ) The attached document, Declaration of Restrictive Covenants of The Highlands Addition, Subdivision, dated 2 Fan 2022 , 2024 and containing covenants and restk provisions, is a true and correct copy of an electronic record printed by me o ¢ supervision. At the time of printing, no security features present on the elg see Ais, PATRICIA A SANFORD} AOS Notary i a5 Public 1? STATE OF TEXAS Notary iD # 125428959 My Comm.
FILED AND RECORDED OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS 12022 03:17 PM 222015445 auteieo2 BY LAW Pages: 19 e ND whokend Fees: $91.00 MARY LOUISE NICHOLSON COUNTY CLERK