127.0 A 2731 Ú 137.00 DEED 1 03/06/34 CONDOMINIUM DECLARATION FOR HOLLAND OAKS CONDOMINIUMS Unofficial Copy Dallas County, Texas 84046 4400 TABLE OF CONTENTS FOR THE DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page INTRODUCTORY 1 ARTICLE I - DEFINITIONS AND TERMS Paragraph 1-1 ~ DEFINITIONS AND TERMS 2 ARTICLE Ll ~ CONDOMINIUM UNIT DESIGNATIONS AND DESCRIPTIONS Paragraph 2.1 - RECORDATION OF PLAT Paragraph 2+2 - DESIGNATION OF UNITS Paragraph 2.3 - LIMITED COMMON ELEMENTS Paragraph 245 + INSEPARABLE UNITS 8 Paragraph 2.6 ~- DESCRIPTIONS 8 Paragraph 2.7 ~ ENCROACKMENTS 8 Paragraph 2.8 ~ GOVERNMENTAL ASSESSME 9 Paragraph 2.9 - USE AND OCCUPA NS 9 Paragraph 2.10 15 ARTICLE LII - RIGHTS ANQ Q Paragraph 3.1 16 Paragraph 3.2 16 16 16 MECHANIC'S AND MATERIALMAN'S LIENS 16 RIGHT OF ENTRY 16 OWNER MAINTENANCE 17 Paragraph 3.8 - ALTERATION 17 Paragraph 3.9 —- RESTRICTION OF OWNERSHIP 1?
Paragraph 3.10 ~ LIABILITY FOR NEGLIGENT ACTS 17 Paragraph 3.1] - SUBJECT TO DECLARATION AND BY-LAWS 18 ARTICLE IV ~ MANAGEMENT AND ADMINISTRATION Paragraph 4.1 - BY~LAWS 18 Paragraph 4.2 ~ DECLARANT CONTROL 18 ot = ghOK6 4401 | Page ARTICLE IV ~ CONTINUED Paragraph 4.3 ~ TEMPORARY MANAGING AGENT 19 Paragraph 4.4 - SPECIFIC POWER TO RESTRICT USE AND ENJOYMENT 19 Paragraph 4.5 ~ MEMBERSHIP, VOTING, QUORUM, PROXIES 20 Paragraph 4.6 ~ INSURANCE 21 ARTICLE V - MAINTENANCE ASSESSMENTS Paragraph 5.1 = ASSESSMENTS FOR COMMON EXPENSES 23 Paragraph 5.2 ~ PURPOSE OF ASSESSMENTS 24) Paragraph 5.3 —- DETERMINATION OF ASSESSMENTS Paragraph 5.4 —- INITIAL ASSESSMENT AND MAXIMUM MONTHLY ASSESSMENT Paragraph 5.5 = SPECIAL ASSESSMENTS FOR IMPROVEMENTS Paragraph 5.6 ~- COMMENCEMENT OF ASSESSMENTS Paragraph 5.7 ~- NQ EXEMPTION 26
D MAXIMUM MONTHLY ASSESSMENT Paragraph 5.5 = SPECIAL ASSESSMENTS FOR IMPROVEMENTS Paragraph 5.6 ~- COMMENCEMENT OF ASSESSMENTS Paragraph 5.7 ~- NQ EXEMPTION 26 Paragraph 5.9 - SUBORDINATION OF THE ORTGAGES 28 Paragraph 5-10 - STATEMENT OF 28 Paragraph 5-11 - OBLIGATION 0 ‘OR ASSESSMENTS AND ">. 29 ARTICLE VI - DESTRUCTIO E OF IMPROVEMENTS Paragraph 6.1 - OR OBSOLESCENCE 29 Paragraph 6.2 PARTITION 34 Paragraph DEMNAT ION 35 ION OF MORTGAGEE NOTICE TO ASSOCIATION 38 NOTICE OF DEFAULT; LAPSE IN INSURANCE 38 Paragraph 7.3 7 EXAMINATION OF BOOKS 39 Paragraph 7.5 -~ ANNUAL AUDITS 39 Paragraph 7.6 ~ NOTICE OF MEETINGS 39 Paragraph 7.7 - NOTICE OF DAMAGE OR DESTRUCTION 39 Paragraph 7.8 —~- MANAGEMENT AGREEMENTS 39 Paragraph 7.9 -~ TAXES, ASSESSMENTS AND CHARGES 40 B4046 4A02 -iiARTICLE VIII ~ MISCELLANEOUS PROVISIONS Paragraph 8.1 Paragraph 8.2 Paragraph 8.3 Paragraph 8.4 Paragraph 8,5 Paragraph 8.6 Paragraph 8.7 Paragraph 8,8 Paragraph 8.9 Paragraph 8.10 - AMENDMENTS TO DECLARATION: APPROVAL OF OWNERS AND MORTGAGEES CORRECTION OF ERROR OWNERSHIP OF COMMON PERSONAL PROPERTY CHANGE IN DOCUMENTS 1 NOTICE t CONFLICT BETWEEN DECLARATION AND BY-LAWS INVALIDATION OF PARTS OMISSIONS t TEXAS CONDOMINIUM ACT GENDER 84046 ~ dif 40 43 43 43 43 44 44 4403 ieee niin CONDOMINIUM DECLARATION FOR HOLLAND OAKS CONDOMINIUMS THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THAT, WHEREAS 3M3 PROPERTIES, INC,, a Texas corporation, having its principal office at 9304 Forest Lane, Suite 112, Dallas, Texas, 75243, hereinafter called "Declarant”, is the Owner of certain real property git ed in the County of Dallas, State of Texas, being described more fully o
at 9304 Forest Lane, Suite 112, Dallas, Texas, 75243, hereinafter called "Declarant”, is the Owner of certain real property git ed in the County of Dallas, State of Texas, being described more fully o “A", which by this reference is made a part hereof; and WHEREAS, Declarant desires to establish a Condominium Code, herein called the “Act"; and WHEREAS, Declarant has prepared plans for t on ction of two (2) multifamily Buildings and other improvem appurtenant thereto on the ten (10) separately designated enh, and which will be known as HOLLAND OAKS CONDOMINIUMS; “ WHEREAS, Declarant stablish a plan for the individual ownership in fee simpfe consisting of the area or space contained in each of the Units WLled the “Condominium Regime”, in the two (2) Mnexship by the individual and separate Unit Owners ommon, of all the remaining property, which includes Elements and General Common Elements, as hereinafter fagraph 1.1 hereof, and which are hereinafter collectively fas the "Common Elements” or "Common Areas”, NOW, THEREFORE, Declarant does hereby submit the real property described on the attached Exhibit "A", and all improvements thereon, ta the provisions of the Act and the Condominium Regime, and does hereby publiah and declare that the following terms, covenanta, conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run with the land and shall be a burden and a benefit to Declarant, ite successors and aasigns and to any person acquiring or owning an interest in the real property and {mprovements, their grantees, successors, heirs, executors, administrators, devisees and assigns.
84046 440% ARTICLE I DEFINITIONS AND TERMS
on acquiring or owning an interest in the real property and {mprovements, their grantees, successors, heirs, executors, administrators, devisees and assigns.
84046 440% ARTICLE I DEFINITIONS AND TERMS 1,1 DEFINITIONS OF TERMS. As used in this agreement, the following terms shall have the fellowing meanings unless the context shall expressly provide otherwise: ae "Board" or “Board of Directors” shall refer to the Board of Directors of HOLLAND OAKS OWNERS ASSOCIATION, INC.
be “Common Assessment" means the charge against each Unit Owner and his Unit, representing a portion of the total costs to the Association of maintaining, improving, repairing, replacing, managing and operating the Property, which are to be paid unifo hereine This shall also include charges assessed againg Owner to maintain a reserve for replacement fund incurred by the Association to participate in as provided in Paragraph 6-3 hereof.
c. "Common Elements” means and Qudes a of the Property described in Exhibit "A", and all yrovements thereto and thereon located, excepting all e 11 Elements shall consist of the General Common Elemen Limited Common Elements.
d. “Common Expty 4 nd includes: (1) Pully assessed against the Common Elements by e Nanagpng Agent or Board; (2 Mees of administration and management, operation, repair or replacement of and co the Common Elements (including unpaid special ements); (3) Expenses agreed upon as Common Expenses by the Unit Owners; and (4) Expenses declared to be Common Expenses by this Declaration or by Lhe By-Laws.
Ge “Completed Unit“ means a completely finished Unit, including, but not limited to, the installation of all appliances and utilities, rendering it ready for occupancy by an Owner other than the Declarant.
84046 4405
it“ means a completely finished Unit, including, but not limited to, the installation of all appliances and utilities, rendering it ready for occupancy by an Owner other than the Declarant.
84046 4405 f. “Condominium Owners Association” or “Association” means HOLLAND OAKS OWNERS ASSOCIATION, INCe, a Texas non~profit corporation, the By-Laws of which shall govern the administration of this Condominium Property and the membership of which shall be composed of all the Owners of the Condominium Units according to such By-Laws.
B “Condominium Unit” shall mean an individual Unit together with the interest in the Common Elements (General or Limited) appurtenant to such Unit.
h» “Construction Period" means that period of time durin which Declarant is developing the Premises and selling Condominium Units, which time period shall extend from e f hereof until such time as the Declarant transfers title the Condominium Units. © da “Declarant” shall mean 3M3_ PROP TES, Néws” a Texas corporation, or its successors or assigns, eveloping the Property as a condoniniun.
je “Declaration” shall meag 5 ndominium Declaration instrument. © ke "General Common means a part of the Common Elements and includep (1) erty deacribed in Exhibit "A" attached here eae/and except the Units; (2 fotfndations, bearing walls and columna, ro a lobbies, stairways and entrances and exits o' muntcationwaye; ) All basements, roofs, yards and gardens, except otherwise herein provided or stipulated; (4) All premises for the lodging of janitors or persons in charge of the Buildings, except as otherwise herein provided or stipulated; (5) All compartments or installations of central services, such as power, light, gas, cold and hot water, tefrigeration, central air conditioning and central
s otherwise herein provided or stipulated; (5) All compartments or installations of central services, such as power, light, gas, cold and hot water, tefrigeration, central air conditioning and central heating reservoirs, water tanks and pumps, and the like; ghOk6 4406 (6) All elevators and shafts, garbage incinerators and, in general, all devices or installations exiating for common use; (7) Unassigned parking spaces; and (8) All other elements of the Butldings desirably or rationally of common use of necessary to the existence, upkeep and safety of the Condominium Regime eatablished by this Declaration, 1, "Lienholder“ and “First Mortgagee” shall mean the holder of a first mortgage lien on any Unit in the Condominium Project.
n. “Limited Common Elements” means and includes those Common Elements which are reserved for the exclusive use of an ing (1) “Air handlers", pipes, ducts, and conduits located entirely within a Units and serving only such portions of the perimeter wa doors, vesttbules, window?
fixtures and structure ar, 3 and esignated as an appurtenance to a Unit.
n. "“Ma4 Unit Owners” means those Owners with fifty~ong (51%) of the votes entitled to be cast, aa Occupant” means a person or persons in possession of a gardless of whether said person is a Unit Owner.
p. “Owner” means a person, firm, corporation, partnership, association, trust or other legal entity or any combination thereof, who owns, of record, title to one (1) or more Condominium Units.
q. "Plat", “Survey Map", "Map" and "Plans" mean or include the engineering survey of the land, locating thereon all of the improvements, the floor and elevation plans and any other drawing or diagrammatic plan depicting a part of, or all of, the improvements,
the engineering survey of the land, locating thereon all of the improvements, the floor and elevation plans and any other drawing or diagrammatic plan depicting a part of, or all of, the improvements, same being herewith filed, labeled Exhibit "B”" and incorporated herein. It is expressly agreed and each and every Purchaser of a B840G6 4407 Unit, his heirs, executors, administrators, assigns and grantees hereby agree that the square footage, size and dimensions of each Unit as set out or shown in this Declaration or in the survey Plats exhibited hereto are approximate and are shown for descriptive purposes only. The Declarant does not warrant, guarantee or tepresent that any Unit actually contains the area, square footage or dimensions shown by the Plat thereof. Each Purchaser and Owner of a Unit or interest therein agrees that the Unit has been or will be purchased as actually and physically existing at the time such purchase is closed. Each Purchaser of a Unit expressly waives any claim or demand which he may have against the Declarant or person whosoever on account of any difference, discrepancy between the Unit as actually and physically 4 nOttgages, deeds of settling, rising or later te » or “Property” means and includes the land, Vaings agd? all improvements and structures thereon and all right¢ ments and appurtenances belonging thereto.
Assessments" + In addition to the common the Association may levy, in any fear, a special assessment applicable to that year only purpose of deferring, in whole or in part: (1) The cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto; or (2) The expense of any other contingencies or
ruction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto; or (2) The expense of any other contingencies or unbudgeted costs; provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Nembers who are voting in person or by proxy at a meeting 84046 4408 duly called for this purpose. Any amounts aesessed pursuant hereto shall be assessed to Owners in proportion to the interest in the Common Elements owned by each. The Association, after due notice and hearing, shall also have the authority to establish and fix a special assessment upon any Unit to secure the liability of the Owner of such Unit to the Assocdation for any breach by such Owner of any of the provisions of this Declaration, which breach shall require an expenditure by the Association for repair or remedy. Special assessments may be billed or collected on a monthly basis. The above mentioned liability of any, Owner is to be established as set forth in Declaration.
t» “Unit shall mean the elements i al Condominium Unit which are not owned in cong ers of the other Condominium Units in the Project on the Maps, which are exhibits attached hereto, a ch Unit shall include the alr space assigned thereto. The boqda each such Unit shall perimeter walls, floors, frames and trim, and exterior the air space so encompassed, In interpreting deeds, mortgages, other instruments, the existing physical regardless of settling, rising or lateral movement of ding and regardless of yariances between boundaries shown on the Plat and those of the Building. The individual ownership of each Unit space herein defined shall further include the interior
vement of ding and regardless of yariances between boundaries shown on the Plat and those of the Building. The individual ownership of each Unit space herein defined shall further include the interior construction, partitions, appliances, ftixturea and improvements which are intended to exclusively serve such Unit space, such as dnterior room walls, floor coverings or finish, closets, cabinets, shelving, individual bathroom and kitchen fixtures, plumbing and appliances, individual lighting and electrical fixtures and other separate items or chattela belonging exclusively to such Unit, any 84046 4409 of which may be removed, replaced, disposed of or otherwise treated without affecting any other Unit space or ownership, use or enjoyment thereof. None of the land in this Project on which any Unit space or porch space is located shall be separately owned, as all land in this Project shall constitute part of the "Common Elements” of the Property as herein defined, and shall be owned in common by the Qwnera of the Units in this Condominium Project. It is intended the term "Unit", as used in this Declaration, shall have the same meaning as the term “Apartment™ as used in the Act.
ARTICLE I1 CONDOMINIUM UNIT DESIGNATIONS AND DESCRIPTIONS 2-1 RECORDATION OF PLAT. The Plat shall be simultaneously with the recording of this Declaration as prior to the first conveyance of any Condominium 5 and sets forth: ae The legal description of the ébyface and; De The linear measurements an Bion, with reference to the exterior boundaries of the }an Buildings and all other improvements constructed, or tructed, on said land by Declarant; Ce The es and number of each Unit, bagt, and any other data necessary for its formation will be depicted by a Plat of such
nd all other improvements constructed, or tructed, on said land by Declarant; Ce The es and number of each Unit, bagt, and any other data necessary for its formation will be depicted by a Plat of such ding showing the letter of the Building, the t oor and the number of the Unit; and location of the Limited Common Elements.
GNATION OF UNITS. The Property is hereby divided into ten (10) separately designated Units contained within the two (2) Buildings. Each Unit is identified by number and each Building is identified by letter on the Map.
The remaining portion of the Premises, referred to as the Common Elements, shall be owned in common by the Owners. The Owners of each Unit shall awn an undivided interest in said Common Elements, the percentage or fraction thereof for each Unit being as shown on the attached Exhibit "C".
2«3 LIMITED COMMON ELEMENTS. Portions of the Common Elements are set aside and reserved for the exclusive use of the individual Owners, such areas 84046 44jQ heing Limited Common Elements. The Limited Common Elements reserved for the exclusive use of the individual Owners are the assigned automobile parking spaces and patio structures. Such spaces and structures are allocated and assigned by the Declarant to the respective Units, as indicated on the Plat.
Such Limited Common Elements shall be used in connection with the particular Unit, to the excluaion of the use thereof by the other Owners, except by invitation.
224 REGULATION OF COMMON AREAS. Portions of the Common Areas are intended as recreation areas, and are improved with green areas and other facilities. Reasonable regulations governing the use of such facilities by Owners and by their guests and invitees shall be promulgated by the Des or by the Board of Directors of the Association after the
lities. Reasonable regulations governing the use of such facilities by Owners and by their guests and invitees shall be promulgated by the Des or by the Board of Directors of the Association after the elected. Such regulations shall be permanently posted at copy thereof. Each Owner shall be required to st and Regulations, and shall be reponsible to the Adgod for the compliance therewith by the members of their respect families, relatives, guests or invitees, both minor and adult.
2.5 INSEPARABLE UNITS. Ea ——— its corresponding pro-rata interest in and to the Com inseparable and may not ai e leased or encumbered separately, and shall at all times re OS 2.6 DESCRIPTION: e deed, lease, mortgage, trust deed or other appurtenant thereto shall he ascvibe a Condominium Unit by its identifying Building as shown on the Map, followed by the words HOLLAND and by reference to this recorded Declaration and Map.
{ption shall be deemed good and sufficient for all purposes to fer, encumber or otherwise affect the Common Elements.
2.7 ENCROACHMENTS. If any portion of the Common Elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion or portiona of a Unit or Units encroach upon the Common Elements, a valid easement for the encroachment and for the maintenance of same, so long asp it stands, shall and does exist. <A valid easement also extats to that portion of the General Common Elements and of the Limited Common Elements occupied by any part of an Qwner's Unit not contained within the physical 84046 kal | boundaries of such Unit, including, but not limited to, space occupied by heating and air conditioning equipment, utility lines and similar equipment
Unit not contained within the physical 84046 kal | boundaries of such Unit, including, but not limited to, space occupied by heating and air conditioning equipment, utility lines and similar equipment which serves only .one (1) Unit. For title or other purposes, such encroachments and easements shall not be considered or determined to be encumbrances either on the Common Elements or the individual Unite.
2.8 GOVERNMENTAL ASSESSMENT. Declarant shall give written notice to the Assessor's Office of the creation of Condominium Ownership of this Property, as is provided by law, so that each Unit and its percentage or fraction of undivided interest in the Common Elements shall be deemed a separate parcel and subject to separate assessment and taxation.
2.9 USE AND OCCUPANCY RESTRICTIONS.
and the related common purposes for which designed. Each Unit or any twa (2) or mofe/adjo permitted by this Declaration, and no other purposes. The foregoing restrictions as to ey Mgll not, however, be construed in such manner as to b Miit Owner from: (1) Maintaining professional library; (2) Keepi al business or professional records or ; (3) 4H personal business or professional Fererhore( 5)" or correspondence, which uses are express décYared customarily incidental to the principal use and not in violation of said restrictions.
Phat part of the Common Elements separating and located and exclusively serving two (2) or more adjacent Units used together (including, without limitation, portions of any hallway and any walls) may be altered with written consent of the Board, as provided in Paragraph 3.8 herein, to afford ingress to and egress from such Units and to afford privacy to the Occupants of such Units when using such Common Elements, and that part of the Common
, as provided in Paragraph 3.8 herein, to afford ingress to and egress from such Units and to afford privacy to the Occupants of such Units when using such Common Elements, and that part of the Common Elements so altered may be used by the Unit Owner or Owners of such Units as a licensee pursuant to 4 license agreement with the Association, provided: B4U46 4hI2 (1) The expense of making such alterations shall be paid in full by the Unit Owner or Owners making such alterations; (2) Such Unit Owner or Owners shall pay in full the expense of restoring such Common Elements to their condition prior to such alteration in the event such Unite shall cease to be used together, as aforesaid; and (3) Such alteration shall not interfere with use and enjoyment of the Common Elements (other than the aforesaid part of the Common Elements separating such adjacent Units), including, without limitation, reasonable access and ingress to and egrese from the other Units in hallway affected by such alteration.
and their agents, servants, tenants, fanl invitees and licensees for access, ingress respective Units and for other purpad Units; provided, however, receivi designed for specific use shat the Board.
d. The use, mp shall not be obs any Unit Owner, presently in ey ce time.
or entered into by the Board at some future limiting the generality of the foregoing 6hall be subject to the following restrictions: (1) Nothing shail be stored in the Common Elements without prior consent of the Board, except in storage areas or as otherwise herein expressly provided; (2) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Property without the prior written consent of the Board. No Unit Owner shall permit anything
all be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Property without the prior written consent of the Board. No Unit Owner shall permit anything to be done or kept in his Unit or the Common Elements B4OKE hhI3 -10which will result in the cancellation of insurance on any Unit, or any part of the Common Elements, or which will be in violation of any law; (3) No waste shall be committed in or on the Common Elements; (4) Subject to Declarant's rights under Paragraph 2-9e({14)(d) of this Declaration, no sign of any kind shall be displayed to the public view on or from any Unit or Common Elements without the prior written consent of the Board or the written consent of the Managing Agent acting in accord with the Board's direction; (5) No noxious or offensive activity shall ® carried on, in or upon the Common Elements, anything be done therein which may be unreasonable annoyance or a nuisance Qwner» No loud noises or noxious odors on the Property, and the Board 1 have the right to determine in accordance with ws if any such noise, odor or acRiivitty SA nuisance. Without limiting the genera any of the foregoing provisions, no ers, horns, whistles, bells or other so¢ other than security devices used exclusively bepurity purposes), noisy or smoky power equipment or large power tools, f-road motor vehicles or other items which edsonably interfere with television or radio 4on of any Unit Owner in the Property, shall be » used or placed on any portion of the Property or exposed to the view of other Unit Owners without the prior written approval of the Board; (6) Except aB expressly provided hereinabove, nothing shall be altered or constructed in or removed from the Common Elements, except upon the written consent of
he prior written approval of the Board; (6) Except aB expressly provided hereinabove, nothing shall be altered or constructed in or removed from the Common Elements, except upon the written consent of the Board; (7) No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuildings shall be S4Oh6 katy - ll permitted on the Property at any time temporarily or permanently, except with the prior written consent of the Board; provided, however, that temporary structures may be erected for use in connection with the repair or rebuilding of the Buildings or any portion thereof; (8) No rubbish, trash or garhage or other waste material shall be kept or permitted upon any Unit or the Common Elements, except in sanitary containers located in appropriate areas screened and concealed from view, and no ador shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly offensive or detrimental to any other Property in vicinity thereof or to its Occupants. There sha exterior fires whatsoever except barbecue within receptacles designed in such a y hazard is created. No clothing or hausek be hung, dried or aired in such in the Property as to be visible to other Propg 2 shrub or tree clipping o lumber, grass, aste, metals, bulk material, scrap, refus shall be kept, stored or allowed to ac at el y portion of the Property, sed structure or if appropriately Owner shall park, store or keep any ppt wholly within the parking space designated and any inoperable vehicle shall not he stored eral. No Unit Owner shall park, store or keep within or adjoining the Property any large commercial-type vehicle (dump truck, cement-mixer truck, o41 or gas truck,
ace or within the Common Elements in eral. No Unit Owner shall park, store or keep within or adjoining the Property any large commercial-type vehicle (dump truck, cement-mixer truck, o41 or gas truck, delivery truck and any other vehicle equipment, mobile or otherwise, deemed to be a nuisance by the Board), or any recreational vehicle (camper unit, motor home, truck, trailer, boat, mobile home or other similar vehicle deemed to be a nuisance by the Board). No Unit Qwner shall conduct major repaira or major restorationa of any motor S4OK6 &4hds - 12 vehicle, boat, trailer, aircraft or other vehicle upon any portion of the Common Elements. Parking spaces shail be used for parking purposes only; (10) Except within individual Units, no planting, transplanting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon the Property, except as approved by the Board; (11) Motorcycles, motorbikes, motor scooters or other similar vehicles shall not be operated within the Property except for the purpose of transportation directly from a parking space to a point outside the Property, or from a point outgide the Property directly to a parking space; (12) No animals, livestock, reptiles, or poultry Common Elemente. Dogs, cats, fish, rdinarily mean more than bseboyd; provided, however, the ne a reasonable number in any less, and the Association may limit ght of any household pets allowed. The Acting through the Board, shall have the prohibit maintenance of any animal which st¥tutes, in the opinion of the Board, a nuisance to other Unit Owner. Animals belonging to Unit Owners, Occupants or their licensees, tenants or invitees within the Property must be kept either within an enclosure, an enclosed patio or on a leash being held by a person
Animals belonging to Unit Owners, Occupants or their licensees, tenants or invitees within the Property must be kept either within an enclosure, an enclosed patio or on a leash being held by a person capable of controlling the animal. The enclosure must be so maintained that the animal cannot escape therefrom and shall be subject to the approval of the Board. Should any animal belonging to a Unit Owner be found unattended out of the enclosure and not being held on a leash by a person “ii 84046 bois RRMA Ae a capable of controlling the animal, such animal may be removed by Declarant (for so long as it has control over the Association) or a person designated by Declarant to do so, and subsequent thereto by the Association or ite Managing Agent, to a pound under the jurisdiction of the local municipality in which the Property is situated and subject to the laws and rules governing said pound, or to a comparable animal shelter. Furthermore, any Unit Owner shall be absolutely liable to each and all remaining Unit Owners, their families, guests, tenants and invitees, for any umreasonable noise or damage to person or property caused by any animals brought or kept upon the Property id ) diter guch animals which have used any porti Common a Unit Owner or members of his family, hie tenants guests; and it shall be the absol responsibility of each such Unit Owner clea Elements; (13) No Unit Owner shall ed to lease his Unit for hotel or transte hich, for purposes (30) days» No aJ1 be permitted to lease less than the Every such lease shall be in writing.
shall bfé and subject to all of the obligations Zlaration and By~Laws, of the Unit Owner lease and failure to do so shall be a default der. The Unit Owner making such lease shall not be
be in writing.
shall bfé and subject to all of the obligations Zlaration and By~Laws, of the Unit Owner lease and failure to do so shall be a default der. The Unit Owner making such lease shall not be jeved thereby from any of said obligations; and (14) In order that Declarant may establish the Property as a fully occupied Condominium, no Unit Owner nor the Assoctation shall do anything to interfere with, and nothing in the Declaration shall be understood or construed to: (a) Prevent Declarant, its successors or assigns, or its or their contractors or subcontractors, from doing in any Unit owned by S4OKG hat?
~14them whatever they determine to be necessary or advisable in connection with the completion of any work thereon; (b) Prevent Declarant, its successors or assigna, or ite or their representatives, from erecting, constructing and maintaining on the Common Elements or any Unit owned or controlled by Declarant, its successors or assigns, or its or their contractors or subcontractors, such structures as may be reasonably necessary for the conduct of its or their business of completing any work and establishing the Property as a Condominium and disposing of the same by sale, lease or otherwige; (c) Prevent Declarant, its assigns, or its or thelr represent maintaining a Sales Office Period; or ita successors or assigns, r heir contractors or subcont pa maintaining such sign or signs fe pe of Units in the Property.
KIANCE. Notwithstanding any provision of this the Declarant reserves unto itself the exclusive Condominium Plat and to vary the size, shape, physical gnd the percentage or fraction of ownership of the Common Elements or the respective Units remaining unsold. Such adjustment in the percentage
ve Condominium Plat and to vary the size, shape, physical gnd the percentage or fraction of ownership of the Common Elements or the respective Units remaining unsold. Such adjustment in the percentage or fraction of ownership of the Common Elements will only affect those Units owned by the Declarant, and will not change or affect the percentage or fraction of ownership of any other Unit. This reservation shall not work to readjust or reallocate any vested interests in the Common Elements appurtenant to any sold Units.
84046 &b18 - 15 ~ ARTICLE III RIGHTS AND OBLIGATIONS OF OWNERSHIP 3.1 OWNERSHIP. A Condominium Unit will be a fee simple estate and may be held and owned by any person, firm, corporation or other entity aingularly, as joint tenants, as tenants in common, or in any real property tenancy relationship recognized under the laws of the State of Texas.
3.2 PARTITION. The Common Elements (both General and Limited) shall be owned in common by all of the Owners of the Condominium Units and shall remain undivided, and no Owner shail bring any action for partition or division of the Common Elements other than that as specifically provided for hereingfter Mortgagees must be obtained. Nothing contained herein shall_be limitation of the right of partition of a Condominium Unit thereof, but such partition shall not affect any of 3.3 EXCLUSIVENESS QF OWNERSHIP. Each be entitled to exclusive ownership and possession of his Each“Qwier may use the Common Elewents in accordance with the purposes wi they are intended, without hindering or encroaching upon the I the other Owners.
3.4 ONE~FAMILY RESIDENTIAL Each Condominium Unit shall be occupied and used or lea er only as and for a residential dwelling for the Owne: his social guests or his tenants.
pon the I the other Owners.
3.4 ONE~FAMILY RESIDENTIAL Each Condominium Unit shall be occupied and used or lea er only as and for a residential dwelling for the Owne: his social guests or his tenants.
3.5 MECHANIC'S '§ LIENS. No labor performed or materials m a Unit, notwithstanding the consent or request contractor or subcontractor, shall be the basis for TL nst the Common Elements owned by such other Owners. Each indémnify and hold harmless each of the other Owners from and dability arising from the claim of any lien against the Unit of any other Owner or against the Common Elements for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at auch Owner's request.
3.6 RIGHT OF ENTRY. The Association shall have the irrevocable right to have access to each Unit from time to time during reasonable hours as may be necessaty for the maintenance, repair or replacement of any of the Common Elements therein or accessable therefrom, or at any time for making emergency repairs therein necessary to prevent damage to the Common Elements or to another Unit or Units.
84046 h&kIgs ~163-7 OWNER MAINTENANCE. An Owner shall maintain and keep in repair the interior and patio space of his own Unit, including the fixtures thereof. All fixtures and equipment installed with the Unit, commencing at a point where the utility lines, pipes, wires, conduits or systems (which for brevity are hereafter referred to as “utilities") enter the Unit, shall be maintained and kept in repair by the Owner thereof; and an Owner shall be obliged to promptly tepair and replace any broken or cracked glauys in windows and doors. An Owner shall be totally responsible for his own heating and cooling system,
r thereof; and an Owner shall be obliged to promptly tepair and replace any broken or cracked glauys in windows and doors. An Owner shall be totally responsible for his own heating and cooling system, 3.8 ALTERATION. An Owner shall do no act nor any work that will impair the structural soundness and integrity of the Building or impair any eagkment or hereditament. No Owner shall in any way alter, modify, add to or se Directors. Any such alteration or modification shal opography, and shall not be considered until submission to the Ads A of complete plans lecation for all proposed work. The Board aye the obligation to answer within thirty (30) days after recdSp) of the proposed alterations.
Failure to so answer within the time shall mean that there is no objection to the proposed Aa modification. During the Construction Period, Declarant shal ele right to approve or reject any plans and specifications submittéd gngideration by an Owner.
3.9 RESTRIC WNERSHIP. As a restriction of the oawnership Paragraph lelt, "Unit", an Qwner shall not be deemed provisions s inkghed surfaces of the perimeter walls, floors, ceilings, s and roofs surrounding his Unit, nor shall such Owner be the utilities running through his Unit which are utilized for, or serve, more than one (1) Unit, except as a tenant in common with the other Owners. An Owner shall be deemed to own and shall maintain the inner, finished surfaces of the perimeter and interior walls, floors and ceilings, doors, windows and other such elements consisting of paint, wallpaper and other such finishing material.
3.10 LIABILITY FOR NEGLIGENT ACTS. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his
f paint, wallpaper and other such finishing material.
3.10 LIABILITY FOR NEGLIGENT ACTS. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitces, and is not covered or paid for by insurance either 84046 4420 on such Unit or the Common Elements, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which auch Unit fe subject, pursuant to Article IV hereof. Such liability is limited to the liability OQvner has under Texas law.
3.11 SUBJECT TO DECLARATION AND BY-LAWS. Each Owner and the Association shall comply strictly with the provisions of this Declaration, the By~Laws and the decisions and resolutions of the Association adopted pursuant thereto, as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due for damages or for injunctive relief, or both, maintainable by the Association on lf of the Owners or, in proper case, by an aggrieved Owner against anot or against the Association.
ARTICLE 1V ©) MANAGEMENT AND ADMINISTRAT 4.1 BY-LAWS. The administration of this Cofdgminium |Property shall be corporation, referred to herein as Mc fation”. An Gwner of a Condominium Unit, upon becoming an er eg a Member of the Association and shall remain a Member for the_pe is ownership. The Association may be managed by a Board o SY y appointed or elected, pursuant to the terms and conditions{ o! ww aws. In addition, the Association shall enter into a managemen ge@emeat “pon the terms and conditions established in the By~Laws, and gement agreement shall be consistent with this Declaration.
o! ww aws. In addition, the Association shall enter into a managemen ge@emeat “pon the terms and conditions established in the By~Laws, and gement agreement shall be consistent with this Declaration.
Paragraph 4.1 notwithstanding, and for the benefit sotection of the Unit Owners and any First Mortgagees of record urpose of insuring a complete and orderly buildout as well as a timely out of the Condominium Project, the Declarant will retain control of and over the Association for a maximum period not to exceed March 1, 1986, or one hundred twenty (120) days from the closing of sales of seventy-five percent (75%) of the Units, or when in the sole opinion of the Declarant, the Project becomes viable, self-supporting and operational, whichever occurs first. It is expressly underetood, the Declarant will not use said control for any advantage over the Unit Owners by way of retention of any residual rights or interesta in the Association or through the creation of any S4046 442) - 18 Management agreement with a term longer than three (3) years without majority Association approval upon relinquishment of Declarant control. Within sixty (60) days from the end of the Declarant Control Period, or sooner at the Declarant's option, the Declarant, through the Board of Directors, shall call the first annual meeting of the Association for the purpose of electing, by ballot of Gwners, a Board of Directors and to transact such other business of the Association as may properly come before it.
4.3 TEMPORARY MANAGING AGENT. During the period of administration of this Condominium Regime by Declarant, the Declarant may employ or designate a temporary manager or managing agent, who shall have and possess all the rights, powers, authority, functions and duties as may be specif
um Regime by Declarant, the Declarant may employ or designate a temporary manager or managing agent, who shall have and possess all the rights, powers, authority, functions and duties as may be specif contract of employment or as may be delegated by Declarant as it may deem reasonable for the services to be ren shall constitute a part of the Common Expenses o shall be paid out of the Association budget.
Elements subject to the following 1 réstrictions and provisions: ae The right of t 8 tion to publish rules and regulations governi 2. Common Areas and the improvements and facilities eon, and to establish and enforce penalties for in n ereof; ofthe Association to charge reasonable fees far he Cosmon Elements, if such facilities are not used by * e right of the Association to borrow money and mortgage ofmon Area and improvements for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property; providing, however, that the rights of any such Mortgagee in such property shall be subordinate tv the rights of the Owners hereunder, and in no event shall any such Mortgagee have the right to terminate the Condominium Regime eatablished by this Declaration; d. The right and duty of the Association to suspend the voting rights and the right to the use of the recreational facilities by an Owner for any period during which any assesament against the Owner's Condominium Unit remains unpaid; 84046 4h22 e. The right of Declarant or the Association after the Declarant Control Period to dedicate or transfer all or any part of the Common Area for utility easements to any public agency, authority or utility for the purposes, and aubject to the conditions, of such agency, authority or utility. No such
nsfer all or any part of the Common Area for utility easements to any public agency, authority or utility for the purposes, and aubject to the conditions, of such agency, authority or utility. No such dedication or transfer shall be effective unleas approved by all Firat Mortgageea and two-thirds (2/3) vote of the quorum of Owners present at a meeting of the Association specifically called for the purpose of approving any such dedication or transfer, and unless an instrument signed by the Board of Directors reflecting such vote the Owners agreeing to such dedication or transfer and Mortgagee approval has been duly recorded in the Condominiug of Dallas County, Texas; f, The right of the Association to maintain a private security system for the applicable laws; ge The right of the Associat to establish rules and regulations governing traffic wi ommon Area, and to establish sanctions for any violations of such rules and regulations; h, The right tion to regulate noise within the Premises, incl limitation, the right of the Association to r of the Assocfation te control the visual esb’of the property, including, without limitation, the ogmon Area and which, in the Association's judgment, detract from the visual attractiveness of the Property.
4.5 MEMBERSHIP, VOTING, QUORUM, PROXIES.
a. Membership. Any person on becoming an Owner of a Condominium Unit shall automatically become a Member of the Associations Such membership shall terminate without any formal Association action whenever such person ceases to own a Condominium Unit, but such termination shall not relieve or release any such former Owner from any liability or obligation incurred under or in 84046 4423 any way connected with HOLLAND OAKS CONDOMINIUMS during the period
such termination shall not relieve or release any such former Owner from any liability or obligation incurred under or in 84046 4423 any way connected with HOLLAND OAKS CONDOMINIUMS during the period of such ownership and membership of the Association, or impair any righta or remedies which the Board of Directors of the Association or others may have against such former Owner and Member arising out of or in any way connected with such ownership and membership and the covenants and obligations incident thereto. No certificates of atock shall be igsued by the Association, but the Board of Directors may, 1f it so elects, issue one (1) membership card to the Owner(s) of a Condominium Unit. Such membership card shall be surrendered to the Secretary whenever ownership of the Condominium Unit designate thereon shall terminate.
b. Voting. Unit ownership shall entitle the Owner(s one (1) vote per Unit in the affairs of the Associatiop will be weighted to equal the proportionate she the Unit Owner in the Common Elements. Vot among more than one (1) Unit Owner. e prag Mber of votes that can be cast by the Unit Owners en (10). The combined weighted votes calculated in accordapGe hibit “C" shall equal one hundred percent (100%).
Ce Quorum. The majo 9 Unit Owners as defined in Article I shall const/ d. Proxies be cast in person or by proxy, Proxies may be file e Secretary before the appointed time of each meeting» 4.6 INS ° he sociation shall obtain and maintain at all times nsur the type and kind provided hereinafter, including such sks, of a similar or dissimilar nature, as are or shall hereafter customarily be covered with respect to any Condominium Buildings, fixtures, equipment and personal property, similar in construction, design and use, tasued by responsible insurance
or shall hereafter customarily be covered with respect to any Condominium Buildings, fixtures, equipment and personal property, similar in construction, design and use, tasued by responsible insurance companies authorized to do business in the State of Texay. The insurance shall be carried in blanket policy form naming the Association and all Mortgagees as the insured. In addition, each policy or policies shall identify the interest of each Condominium Unit Owner and shall provide for a standard, noncontributory BKOLG 4h2u ~21mortgage clause in favor of each First Mortgagee. Further, the policy shall insure against loss or damage by fire, vandalian, malicious mischief or such other hazards as are covered under standard extended coverage provisions for the full insurable replacement cost of the Common Elements and the Units, and against such other hazards and for such amounts as the Board may deem advisable. Each Owner irrevocably designates the Owners Association, as Attorney In Fact, to administer and distribute such proceeds as is elsewhere provided in this Declaration. Such insurance policy shall alse provide that it cannot be cancelled b either the insured or the insurance company until after thirty 3 days prior written notice to each First Mortgagee. The Directors shall, upon request of any First Mortgagee, certified copy of each blanket policy and a_ separf Rt hE ihate identifying the interest of the Mortgagor.
he The Association shall keep a policies of public liability insuran overing=the Common Elements of the Project with a contractual endorsement, and such policy or policies shall plus Severability of Interest Endorsement” or equivalent c will preclude the insurer from denying the claig pf nif’ Ppwner because of negligent acts by
l endorsement, and such policy or policies shall plus Severability of Interest Endorsement” or equivalent c will preclude the insurer from denying the claig pf nif’ Ppwner because of negligent acts by the Association, Directors or a Unit Owner. Such he in amounts of not less than One Hundred 000.00) per person, Three Hundred Thousand per accident and Fifty Thousand Dollars occurrence; and the policy ehall include water damage liability, Mability for non-owned and hired automobiles, liability for property of others and such other coverage as ia customarily deemed necessary with respect to projects similar in nature.
Ce The Association shall keep a policy or polictes of (1) liability insurance insuring the Board of Directors, officers and employees of the Association against any claims, loases, S4046 has ~ 22 liabilities, damages or causes of action arising out of, or in connection with, or resulting from any act done or omission to act by any such person or entities, (41) workmen's compensation as required under the laws of the State of Texas, and (iii) such other insurance as deemed reasonable and necessary in order to protect the Project, the Unit Gwners and the Assocfation.
d. The Association shall be responsible for obtaining insurance upon the Units, including all fixtures, installations or additions thereto contained within the unfinished interior surfaces of the perimeter walls, floors and ceilings of such Unit, a initially installed or replacements thereof. The Association Each Unit Owner may obtain additional insur at expense for his own benefit. Insurance coverage o e nishings and other items of personal property be ng to a Unit Owner and casualty and public liability insuypdpce age within each Unit are specifically made the rep of each Unit Owner, and
coverage o e nishings and other items of personal property be ng to a Unit Owner and casualty and public liability insuypdpce age within each Unit are specifically made the rep of each Unit Owner, and each Unit Owner must furnis ‘0 his insurance policy to the Association.
Be The Asg provided in Paragfar ARTICLE V MAINTENANCE ASSESSMENTS 5.1 ASSESSMENTS FOR COMMON EXPENSES. All Owners shall be obligated to pay the assessments imposed by the Association to meet the Common Expenses.
Assessments for the estimated Common Expenses shall be due monthly in advance on or before the first day of each month. Failure to pay by the fifteenth (15th) day of each month shall require the imposition and assessment of a late charge to be set by the Board of Directors in the Rules and Regulations of the B40%KE &h26 - 23 ~Association. Contribution for monthly assessments shall be prorated if the ownership of a Condominium Unit commences on a day other than the first day of the month.
5e2 PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively for the purposes of promoting the health, safety, welfare and recreation of the residents in the Property, and in particular for the improvement, maintenance and preservation of the Property, the services and the facilities devoted to said purposes that are related to the use and enjoyment of both the Common Elementa and the Units situated upon the Property. Such uses may include, but are not limited to, the cost t he Association of the following: all insurance, repair, replace maintenance of the Common Elements; fire, extended coverag malicious mischief and liability insurance for the hanagement costs, taxes, legal and accounting fees asma authorized by the Association; construction of o 6x for the benefit
s; fire, extended coverag malicious mischief and liability insurance for the hanagement costs, taxes, legal and accounting fees asma authorized by the Association; construction of o 6x for the benefit of easements upon, constituting a part of, appurtey of the Property; mowing grass, caring for ¢t ounds and landscaping; roofs and exterior surfaces of all Buildings; kup; pest control; street maintenance; outdoor lighting; secu for the Property; water and sewer service furnished toa the or through the Association; discharge of any liens on ments; and other charges required by this Condominium Dec} other charges that the Association is authorized to incur. » the Association shall establish a reserve other charges as specified herein.
ASSESSMENTS. The assessments shall be determined Ayment of all estimated expenses growing out of or connected with enance and operation of the Common Elements. This determination may include, among other items, taxes, governmental assessments, landscaping and grounds care, Common Area lighting, repairs and renovation, garbage collections, wages, water charges, legal and accounting fees, management costs and fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, expenses incurred in the operation and maintenance of recreation and administrative facilities, payment of any deficit remaining from a previous period and the creation of a reserve contingency fund. The B40KG 4427 - 24 ~ omission or failure of the Board to fix the assessment for any month shall not be deemed a waiver, modification or a release of the Owners from the obligation to pay.
5.4 INITIAL ASSESSMENT AND MAXIMUM MONTHLY ASSESSMENT.
a» The monthly assesements shall be made according to each
e deemed a waiver, modification or a release of the Owners from the obligation to pay.
5.4 INITIAL ASSESSMENT AND MAXIMUM MONTHLY ASSESSMENT.
a» The monthly assesements shall be made according to each Owner's proportionate or percentage interest in and to the Common Elements provided in Exhibit “C" attached hereto and shall commence upon conveyance of the Unit to the Owner.
b. At least thirty (30) days prior to January lst, the Board of Directors shall determine the annual budget for the Associatig (12)-month period. Said monthly assessment shall not ex hundred twenty percent (120%) of the monthly assessmen year, the Board shall have a_ right adju monthly assessments, as long as any such adjustme 2 ot ~ exceed the maximum permitted herein, with thir 0) days’ written notice adjustment shall be sent to gy Q © Subject thereto. The due date shall be established Board, and unless otherwise provided or unless eed by the Association, the Board shall collect t monthly in accordance with Paragraph 5.«l hereof. If determines at any time during the calendar twerease of the monthly assessment is required vform the duties and responsibilities of the pay all expenses thereof, then the Board may call a ing of the Owners. By the assent of a two-thirds (2/3) the quorum of Owners, present at such meeting, the monthly assessment may be set at whatever level such Owners approve. The new assessment shall become the basis for future annual increases, using the one hundred twenty percent (120%) formula, as above out Lined.
c. In the event that the Board shall not approve an estimated annual budget or shall fail to determine new assessments for any year, of shall be delayed in doing so, each Unit Owner shall
e out Lined.
c. In the event that the Board shall not approve an estimated annual budget or shall fail to determine new assessments for any year, of shall be delayed in doing so, each Unit Owner shall continue to pay each month the amonnt of his respective monthly a@asessment os last determined.
B4046 4428 - 25 d. The Board of Directors shall have authority to lower the monthly assessment, if {t deems feasible.
5.5 SPECIAL ASSESSMENTS FOR INPROVEMENTS. In addition to the annual assessments authorized above, the Association, through the Board of Directors, may levy at any time during the calendar year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, Common Expenses not anticipated by the annual budget, contingency or reserve funds, including the cost of construction or reconstruction, repair or replacement of the Common Elements, as well as the necessary fixtures and personal property /3) related thereto. Any such assessment must be approved by a two-thirds vote of the quorum of Qwners voting in person or by proxy at a me called for this purpose. The Declarant will be treated as a Owners for purposes of special assessments. Said be assessed against each Owner in proportion to his in the Common Elements as set forth herein.
5.6 COMMENCEMENT OF ASSESSMENTS. The month ents provided for herein shall be due on the first day of th the The assessments shall be day other than the first larant, the assessment shall r the Declarant Control Period is 5.11 herein.
ommon monthly assessments and special assessments unpaid by a Unit Owner for its share of Common Expenses Mle to its respective Condominium Unit, including interest thereon at ten percent (10%) per annum, shall conetitute a lien on
pecial assessments unpaid by a Unit Owner for its share of Common Expenses Mle to its respective Condominium Unit, including interest thereon at ten percent (10%) per annum, shall conetitute a lien on such Unit superior (prior) to all other liena and encumbrances, except only for: (1) All taxes and special assessments levied by governmental and taxing authorities; and (2) All liens securing sums due or to become due under any duly recorded mortgage, vendor's lien or deed of trust.
84046 &h&29 ~ 26 BITTE TORSO ER R ee ee ee ee b. To evidence such lien the Association may, but shall not be required to, prepare written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Condominium Unit and a description of the Condominium Unit, Such notice shall be signed by one (1) of the Board of Directors and may be recorded in the Office of the Clerk and Recorder of Dallas County, Texaa, Such lien for the Common Expenses shall attach from the date of the failure of payment of the assessment. Such lien may be enforced by foreclosure of the defaulting Owner's Condominium Unit by the Association. Any such foreclosure sale is to be conducted 1 accordance with the provisions applicable to the exercise of power of sale in mortgages and deeds of truat, as set forth 1 31,002 of the Texas Property Code, as amended by Acts Leg., Ch. 915 (Sec. 3810 Revised Civil Statutes), o permitted by law. Each Owner, by accepting expressly grants to the Association a power a said Section 51.002, in connection wi e asséssmént lien, In any such foreclosure, the Owner shall b to pay the costs and expenses of such proceedings, expenses for filing the notice or claim of lien and nable attorney's fees. The dl have the power to bid in the Condominium Unit
re, the Owner shall b to pay the costs and expenses of such proceedings, expenses for filing the notice or claim of lien and nable attorney's fees. The dl have the power to bid in the Condominium Unit sale and to acquire and hold, lease, mortgage and The amount af the Common Expenses assessed against each Condominium Unit shall also be a debt of the Owner thereof at the time the assessment is made. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same, d. In addition, to the extent permitted by law, Declarant reserves and assigne to the Assoctation, without recourse, a vendor's lien against each Unit to secure payment of a common agsegament or special assesament which is levied pursuant to the terms hereof. Said liens may be enforced by appropriate judicial BLOG 4430 -~ 27 proceedings and the expenses incurred in connection therewith, including, but not limited to, interest, costs and reasonable attorney's fees, shall be chargeable to the Owner in default. Such lien shall be subordinated and inferior to those liens listed in Subparagraphs 5.8a(1) and (2).
@e Any encumbrancer holding a lien on a Condominium Unit may pay any unpaid Common Expense payable with respect to such Unit, and upon such payment, such encumbrancer shall have a lien on such Unit for the amount paid of the same rank as the lien of his encumbrance.
5.9 SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any recorde ge improving such Unit. Sale or transfer of any Un affect the assessment lien; provided, however, that the Anefer of any Condominium Unit pursuant to a foreclosure, a eu of foreclosure,
of any recorde ge improving such Unit. Sale or transfer of any Un affect the assessment lien; provided, however, that the Anefer of any Condominium Unit pursuant to a foreclosure, a eu of foreclosure, assignment in lfeu of foreclosure under 8 purchase money or improvement mortgages or deeds of trust shall exting iden of such assessments as to payments thereof coming due 0: 6 sale or transfer, except for claims for its pro-rata sha NS assessments resulting from a reallocation among all Un location, if necessary, will require a gshent as provided in Paragraph 5+4b. No sale ondominium Unit, or the Owners thereof, from § thereafter becoming due or from the lien thereof.
WSSESSMENTS. Upon the written request of any Owner or prospective encumbrancer of a Condominium Unit, the its Board of Directors, shall issue a written statement the unpaid assessments, if any, with respect to the subject Unit, the amount af the current monthly assessments, the date of such assessment and the due date, credit for advance payments or for prepaid items, including, but not limited to, insurance premiums, which shall be conclusive upon the Assocfiation in favor of all persons who rely thereon in good faith.
Unless such request for a statement of indebtedness shall be complied with within ten (10) days, all unpaid assessments which become due prior to the date of making of such request shall be subordinate to the lien of the person requesting such statement.
84046 &43T The Purchaser, Donee or other transferee of a Unit, by deed or other writing (herein called “Grantee"), shall be jointly and severally liable with the transferor of euch Unit (herein called “Grantor") for all unpaid assessments against the latter for his proportionate share of the Common
led “Grantee"), shall be jointly and severally liable with the transferor of euch Unit (herein called “Grantor") for all unpaid assessments against the latter for his proportionate share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the Grantee's right to recover from Grantor the amounts paid by the Grantee, but such transferee shall be personally liable only it he expressly assumes such liability. The Grantee shall be entitled to a statement from the Board of Directors, setting forth the amount of the unpaid assessments, if any, with respect to the subject Unit, the amount of the current monthly assessm and the date such assessment becomes due, as well as any credit fo ed payments or for prepaid items, including, but not limited premiums. This statement shall be conclusive upon the Asgo Unless such request for a statement of indebtedness shall be_comy hin ten (10) days of such request, such Grantee shall not 3 nor shall the Unit conveyed be subject to a lien for, any unpg gaments against the subject Condominium Unit accruing prior to ten (10)-day period.
5-11 OBLIGATION OF DECLARANT FOR AS ND MAINTENANCE. During the Declarant Control Period, as prov: aph 4.2 hereof, the Declarant shall be responsible for the di tween the cost of maintenance and assessments received from git Owners and shall not be limited to the regular monthly apbase Units owned by Declarant until the end of the Declarant Contro make regular month yhenté, whichever first occurs. Should Declarant elect oO monthly assessments, Declarant shall provide any seary to pay actual cash outlays required to fund current until Declarant, at its option, chooses to a of the Association. After the Declarant Control Period is
ssessments, Declarant shall provide any seary to pay actual cash outlays required to fund current until Declarant, at its option, chooses to a of the Association. After the Declarant Control Period is earlier at Declarant's option, Declarant shall pay the regular monthly assessment for each Unit or Units it owns. In no event shall Declarant's liability for assessments be less than required by the Act.
ARTICLE VI DESTRUCTION OR OBSOLESCENCE OF IMPROVEMENTS 6.1 DESTRUCTION OR OBSOLESCENCE.
a. This Declaration hereby makes mandatory the trrevocable appointment of an Attorney In Fact to deal with the Property upon B4O&G &h32 its destruction, obsolescence ofr condemnation. Title to any Condominium Unit is declared and expressly made subject to the terme and conditions hereof, and acceptance by any Grantee of a deed from the Declarant or from any Owner shall constitute appointment of the Attorney In Fact herein provided. All of the Owners irrevocably constitute and appoint HOLLAND OAKS OWNERS ASSOCIATION, INC., or its successor non=-protit corporation, if same be hereafter organized, their true and lawful Attorney in their name, place and stead, for the purpose of dealing with the Property upon its destructian, obsolescence or condemnation, aa hereinafter provided. As Attorne In Fact, the Association, by its authorized officers shall have asp used stence prior to the The proceeds of any insurance o the Association for the purpose acements, unless all of the Owners and agree not to rebuild in accordance with hereinafter: QO e event of damage or destruction due to other disaater, the insurance proceeds, if ent to reconstruct the improvement(s), shall be phlied by the Association, as Attorney In Fact, to such reconstruction, and the improvement(s) shall be promptly
er disaater, the insurance proceeds, if ent to reconstruct the improvement(s), shall be phlied by the Association, as Attorney In Fact, to such reconstruction, and the improvement(s) shall be promptly repaired and reconstructed.
(2) If the insurance proceeds are insufficient to repair and reconstruct the improvement{s), and if such damage is not more than sixty-six and two-thirds percent (66-2/3%) of all the Common Elements as determined by a majority of the Unit Owners, not including land, such damage or destruction shall be promptly repaired and 84046 4433 ~ 30 — reconstructed by the Association, as Attorney In Fact, using the proceeds of insurance and the proceeds of an assespament to be made against all of the Gwners and their Condominium Unite. Such deficiency assessment shall be a special assessment made pro rata according to each Owner's proportionate interest in and to the Common Elements and shall be due and payable within thirty (30) days after written notice thereof. The Assoctation shall have the authority to cause the repair or restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay th assessment. The assessment provided for herein shall debt of each Owner and a lien on his Condominium may be enforced and collected as is provid i hereof. The lien provided for herein shadl be to any recorded first mortgage lien vided in mt of taxes and special in favor of any governmental For payment of the balance of the lien f£ duly recorded mortgage instrument; (c) For payment of unpaid Common Expenses; (d) For payment of junior liens and encumbrances in the order and extent of their priority; and (e) The balance remaining, if any, shall be paid to the Condominium Unit Owner.
unpaid Common Expenses; (d) For payment of junior liens and encumbrances in the order and extent of their priority; and (e) The balance remaining, if any, shall be paid to the Condominium Unit Owner.
(3) If more than sixty-six and two-thirds percent (66-2/3%) of all of the Common Elements as determined by a majority of Unit Owners, not including land, are destroyed or damaged, and if the Owners representing the aggregate BLOKE 4434 a 91 = ownership of one hundred percent (100%) of the Common Elements, do not voluntarily, within one hundred (100) days thereafter, make provision for reconstruction, the Association shall forthwith record a notice setting forth guch fact or facts, and upon the recording of such notice by the Association's President and Secretary, the entire remaining Premises shall be sold by the Association, as Attorney In Fact for all of the Owners, free and clear of the provisions contained in this Declaration, the Plat and the Hy~Laws. The insurance settlement proceeds shall be collected by the Association, and such proceeds shall be divided by the Association according to each Unit Owne interest (as such interests appear on the policies), and such divided proceeds sha separate accounts, one such account fo Unite Each such account shall be in Association, and shall be further tified by the number of the Unit and the name of thg¢ & om each separate account, the Association, In Fact, shall use and disburse the total each) of such accounts, one (1) account to another, f the lien of any first mortgage dim Unit represented by such separate all be added to each such account, the afiount of the proceeds derived from the sale entire Property. Such apportionment shall be based each Condominium Unit Owner's proportionate interest
ch separate all be added to each such account, the afiount of the proceeds derived from the sale entire Property. Such apportionment shall be based each Condominium Unit Owner's proportionate interest the Common Elements. The total funds of each account shall be used and disbursed, without contribution from one (1) account to another, by the Association, as Attorney In Fact, for the same purposes and in the same order as is provided in Subparagraphs b(2)(a) through (e) of Paragraph 6.1 hereof. Any decision to terminate the condominium status as herein provided must have the approval of First Mortgagees as provided in Paragraph 8.le herein.
B4OKG 4435 (4) If the Owners representing a total ownership interest of one hundred percent (100%) of the Common Elements adopt a plan for reconstruction, then all of the Owners shall be bound by the terms and provisions of such plan. Any assessment made in connection with such plan shall be a Common Expense and made pro rata according to each Owner's proportionate interest in the Common Elements and shall be due and payable as provided by the terms of the plan. The Association gahall have the authority to cause the repair and restoration of the improvements using all of the insurance proceeds for such _ purpos notwithstanding the failure of an Owner to assessment. The assessment provided for herein shp debt of each Owner and a lien on his Cond iu may be enforced and collected as is prdvfded 5.8 hereof, but will be subordinate to recorded first mortgage lien, as provided Paragraph 5.9 hereof.
Ssessment lien, as proceeds derived from sale of such Condomini 1 11 be used and disbursed rtney In Fact, for the same ame order as is provided in through (e) of Paragraph 6.1 hereof.
érs representing an aggregate ownership
eeds derived from sale of such Condomini 1 11 be used and disbursed rtney In Fact, for the same ame order as is provided in through (e) of Paragraph 6.1 hereof.
érs representing an aggregate ownership sixty-six and two~thirds percent (66-2/3%) of Elements or more, may agree that the Common merits of the Property are absolete and that the same Would he renewed or reconstructed. In such instance, the expenses thereof shall be payable by all of the Owners as Common Expenses.
(6) Any restoration, reconstruction or repair of the Project shall be performed substantially in accordance with this Declaration and the original Plans = and specifications, unless other action is approved by the holders of mortgages on Units which have at least fifty~one percent (517) of the votes of the Assoctation.
84046 4436 (7) The Owners representing an aggregate ownership interest of one hundred percent (100%) of the Common Elements and all holders of first mortgages may agree that the Common Elements of the Property are obsolete and that the same should be sold. In such tnstance, the Association shall record a notice setting ferth such fact or facts, and upon the recording of such notice by the Association's authorized officers, the entire Premises shall be sold by the Association, as Attorney In Fact, for all of the Owners, free and clear of the provisions contained in this Declaration, the Plat and the By-Laws The sales proceeds shall be apportioned between the and First Mortgagees as their interests may appea each Condominium Unit. Each such a name of the Association, d ng rther identified by the number of the Unit SX each separate a e ZASap Fact, shall use e of the Owner. From ijation, as Attorney In such funds, There shall be no judicial partition of the
ciation, d ng rther identified by the number of the Unit SX each separate a e ZASap Fact, shall use e of the Owner. From ijation, as Attorney In such funds, There shall be no judicial partition of the happening of the conditions set forth in Paragraph 6.1 hereof in the case of damage or destruction or unless the Property has been removed from the provisions of the Texas Condominium Act; provided, however, that if any Condominium Unit shall be owned by two (2) or more co~tenants, as tenants in common or as joint tenants, nothing herein contained shall be deemed to prevent a judicial partition between such co~tenants, but such partition shall not affect any other Condominium Unit.
Shubh6 &h37 - 34ho 6.3 CONDEMNATION.
ae If all or any part of the Property is taken or threatened to be taken by eminent domain or by power in the nature of eminent dowain (whether permanent or temporary), the Association, as Attorney In Fact, and each Owner shall be entitled to participate in proceedings incident thereto at their respective expense. The Association shall give timely written notice of the existence of such proceedings to all Owners and to all First Mortgagees known to the Association to have an interest in any Condominium Unit. The expense of participation in such proceedings by the Associatio shall be borne by the Common Fund. The Association, as Attorn Fact, is specifically authorized to obtain and pay £6 assistance from attorneys, appraisers, architects, engineers deems necessary or advisable to aid or advis in relating to such proceedings. All damages ot award r such taking as Attorney In Fact, and pvided herein. In the event that an action in emi #s brought to condemn a portion of the Common Ele bether with or apart from any
oceedings. All damages ot award r such taking as Attorney In Fact, and pvided herein. In the event that an action in emi #s brought to condemn a portion of the Common Ele bether with or apart from any Condominium Unit), t Q, as Attorney In Fact, in addition to the general p t herein, shall have the sole authority to determine whe' fend or resist any such proceeding, to respect thereto, or to convey such Property pithority in lieu of such condemnation proceeding.
respect to any such taking, all damages and awards ermined for the taking of the individual Unite and for ng of the Common Flements and for each Owner's interest therein. After the damages or awards for such taking are determined, such damages or awards shall be paid to the account of each Owner for the logs of the individual Unit plus an amount in proportion to his percentage or fractional ownership interest in the Common Elements to be applied or paid as set forth in Subparagraphs 6.1b(2)(a) through (e) hereof, unless restoration takes place as herein provided. The Association, if it deems advisable, may call a meeting of the Owners, at which meeting the Owners, by a majority 84046 4438 - 35 vote, shall decide whether to replace of restore, as far as possible, the Common Elements go taken or damaged. In the event it is determined that such Common Elements should be replaced or restored by obtaining other land or buflding additional structures, this Declaration and the Map attached hereto shall be duly amended by instrument executed by the Association, as Attorney In Fact, on behalf of the Owners. In the event that such eminent domain proceeding results in the taking of or damage to one (1) or more,
n Fact, on behalf of the Owners. In the event that such eminent domain proceeding results in the taking of or damage to one (1) or more, total number of Condominium Units, then the damages and awards fo such taking shall be determined for each Condominium Unit an following shall apply: {1) The Association shall determine which Condominium Units damaged by such takin a tenantable for the purposes set forth i is D, ation, taking into account the nature of this C Project and the reduced size of each Condo m Unit so damaged.
(2) The Association sha whether it is reasonably practicable the remaining Condominium Units of tké including those damaged dntable, as a Condominium in s Declaration.
the Association determines easonably practicable to operate the Heémed to be regrouped and merged into a single estate ed jointly in undivided interest by all Owners, as tenants in common, in the proportionate ownership interest previously owned by each Owner in the Common Elements.
(4) In the event that the Association determines it will be reasonably practicable to operate the undamaged Condominium Unite and the damaged Units which can be made tenantable as a Condominium Unit, then the damages and awards made with respect to each Unit which has been determined to be capable of being made tenantable shall be 84046 4439 -~ 36 applied to repair and to reconstruct such Condominium Unit so that it is made tenantable. The restoration shall be performed in accordance with this Declaration and the original Plans and specifications, unless other action is approved by holders of mortgages on the remaining Units which have at least fifty-one percent (51%) of the votes in the Association. If the cost of such work exceeds the
ations, unless other action is approved by holders of mortgages on the remaining Units which have at least fifty-one percent (51%) of the votes in the Association. If the cost of such work exceeds the amount of the award, the additional funds required shall be assessed against those Condominium Units which are tenantable. With reapect to those Units which may not be tenantable, the award made shall be paid as set forth in Subparagraphs 6.1b(2)(a) through (e)} hereof; and of the Common Elements. Upon the payment for the account of such Owner as pro Condominium Unit shall no longer be Condominium Project, and the pprtionate ownership interest in the Common Elemg tenant to each remaining Condominium wie the Condominium a | equitably adjusted to distribute the 9 aS e undivided interest in the continue as part of Common Eleme reduced number of Owners based upon the squ@ of the individual remaining Units he total square footage of all the sixty-six and two-thirds percent (66-2/3%) or the Condominium Units are taken or damaged by such dng, all damages and awarde shall be paid to the accounts of the Owners of Units, as provided herein; and this Condominium Regime shall terminate upon such payment. Such termination of condominium status shall require the approval of the Mortgagees as provided in Paragraph §8.1C herein. Upon such termination, the Condominium Units and Common Elements shall be deemed to be regrouped and merged into a single estate owned in undivided interest by all Owners as tenants in common in 34046 4440 eee the proportionate ownership interest previously owned hy each Owner in the Common Elements. The Owners representing an aggregate ownership interest of sixty-seven percent (67%) of the Common Elements and
proportionate ownership interest previously owned hy each Owner in the Common Elements. The Owners representing an aggregate ownership interest of sixty-seven percent (67%) of the Common Elements and holdera of first mortgages on Units which have at least sixty-seven percent (67%) of the votes on Units subject to first mortgages may agree that the Property should be sold. In such instance, the Association shall record a notice setting forth auch fact or facts, and upon the recording of such notice by the Association's authorized officers, the entire Premises shall be sold by the Association, ag Attorney in Fact, for all of the Ownes free and clear of the provisions contained Declaration, the Plat and the By-Laws, shall be apportioned between the Mortgagees ag their interests may appear’ each Owner's proportionate owe interest in the regrouped estate. Any damages Bales proceeds provided in this paragra account of any Owner b dation shall be applied hereof.
ARTICLE VII PROTECTION OF MORTGAGEE SOCIATION. An Owner who mortgages his Unit shall notify giving the name and address of his Mortgagee. Each Mortgagee tted to notify the Association of the fact that such Mort gagee of trust or mortgage on a Condominium Unit. The Board shall maintain such information in a book entitled “Mortgagees of Condominium Units".
7.2 NOTICE OF DEFAULT; LAPSE IN INSURANCE. The Assoctation shall notify a First Mortgagee in writing, upon written request of such Mortgagee identifying the name and addreags of the Mortgagee and the Unit number, of any default by the Mortgagor in the performance of such Mortgagor's obligations, as set forth in this Declaration, which ia not cured within sixty (60) days.
s of the Mortgagee and the Unit number, of any default by the Mortgagor in the performance of such Mortgagor's obligations, as set forth in this Declaration, which ia not cured within sixty (60) days.
The Association, upon written request, shall notify a First Mortgagee of any Shugo &hG| lapse, cancellation or material modification of any tnaurance policy or fidelity bond maintained by the Assoctation.
7.3 EXAMINATION OF BOOKS. The Association shall permit First Mortgageea to examine the hooks and records of the Association upon request.
7.4 RESERVE FUND. The Association shall establish adequate reserve funds for replacement of Gommon Element components and fund the same by regular monthly payments rather than by extraordinary special assessments. In addition, there shall be established a working capital fund For the initial operation of the Condominium Project equal to at least two (2) months' estimated Common Assessments charge for each Unit, said deposit o be collected at closing of Unit sale.
7.5 ANNUAL AUDITS. Upon written request the Association within ninety (90) days following the end of each Association.
7.6 NOTICE OF MEETINGS. The Association Mortgagee upon request of such Nortgagee, p written notice of all meetings a representative of such p’request to be deemed to be a equent meetings of the Association.
The Association shall furnish the Any management agreement and/or service written notice or with cause upon thirty (30) days' written notice, and the term of such management agreement will not exceed the period of three (3) years, renewable by agreement of the parties to such agreement for successive one (1)-year periods. In the event of the termination of the management agreement, as provided herein, the Association shall enter into a new
agreement of the parties to such agreement for successive one (1)-year periods. In the event of the termination of the management agreement, as provided herein, the Association shall enter into a new management agreement with a new management agent prior to the effective date of the termination of old management agreement. Any decision to establish aelf~management by the Owners Association shall require the prior consent of B4046 4442 Owners of Units to which at least sixty-seven percent (67%) of the votea are allocated and the approval of first mortgage holders holding mortgages on Units which have at least fifty-one percent (51%) of the votes of the Association.
7.9 TAXES, ASSESSMENTS AND CHARGES. All taxes, assessments and charges which may become liens prior to the First Mortgage under local law shall relate only to the individual Condominium Units and not to the Condymintium Project asp a whole, ARTICLE VIIT MISCELLANEOUS PROVISIONS 8.1 AMENDMENTS TO DECLARATION; APPROVAL OF OWNERS AND MORTGAGE a. The consent of the Owners of Units to whic sixty-seven percent (67%) of the votes in the allocated and the approval of First Mortgageep Units which have at least fifty-one percen| Unita subject to mortgages shall be quired provisions to this Declaration inclw those provisions which provide for, govern or maneey 0 E owing: (1) Voting; (2) Assessments,/ Aa liens or subordination of such liens; (3) Resa XX“... vepair and replacement Ehts to use of the Common Elements; ) Reaponsibility for maintenance and repair of the s and Common Elements; (7) Expansion of the Project; (8) Boundaries of any Unit, except as provided in Paragraph 2,10 herein; (9) Convertibility of Units into Common Elements, or Common Elements into Unite; (10) Leasing of Units; Y4UKE = 4443 - 60 -
ct; (8) Boundaries of any Unit, except as provided in Paragraph 2,10 herein; (9) Convertibility of Units into Common Elements, or Common Elements into Unite; (10) Leasing of Units; Y4UKE = 4443 - 60 (11) Imposition of any right of first refusal or similar restriction on the right of a Unit Qwner to sell, transfer, or otherwise convey hia Unit; (12) A decision by the owners' association to establish self management when professional management had been required previously by an eligible mortgage holder; (13) Restoration or repair of the project (after a hazard damage or partial condemnation) in a manner other than that specified in the documents; (14) Any action to terminate the legal status of the project after substantial destruction or condemnation accurs; or (15) Any provisions which are for the express bere of first mortgage holders, insurers, or guar first mortgages.
b. The consent of Owners of Unit 9 ch at least sixty-seven percent (674) of the vd the Association are allocated and the approval of First s holding mortgages on Units which have at least nk? t (67%) of the votes of Units subject to Mortgages, quired to: (1) partit r de any Unit. In addition to the approva e er any mortgage holder, if any, must be obta onission, seek to abandon, partition, or transfer the Common Elements, othér public, uses except where a greater percentage is quired, as provided in Paragraph 3.2 hereof, or by the Act; or (3) use hazard insurance proceeds for lossea to any condominium property for other than the repair, replacement or reconstruction of such property, except as provided by atatute in the case of substantial loss, and as provided in Paragraph 6.1b(3).
ec. The consent of Owners of Units to which at least one
cement or reconstruction of such property, except as provided by atatute in the case of substantial loss, and as provided in Paragraph 6.1b(3).
ec. The consent of Owners of Units to which at least one hundred percent (100%) of the votes of the Association are allocated S4O4G hogy -~ 41 Ee LS ROL EN PN Oe NT NE OAM Ce I hee ora N Anes ee and the approval of First Mortgagees holding mortgages on Units which have at least sixty~seven percent (67%) of the votes of Units subject to mortgages shall be required to terminate or abandon the condominium status of the Project by act or omission, except where a different percentage is mandated by the Act in the event of a termination due to destruction or condemnation.
d. <Any amendment which would change the percentage or fraction of interest of the Unit Ownerg in the Common Elements, will require the consent of Owners of sixty-seven percent (67%) of the votes allecated in the Association and the approval of First e. Any amendment to the Declaration tequisite percentages of ownership interest \g eting called by the Association, so long as such meet 8 req ef by law, Should the meeting requirement not be mandare?
effected with the certificati' y (A that the necessary Owner ap signatures of the Ore whi hold the requisite percentage ownerships. SS W, an amendment may be etary of the Association Obtained, or by obtaining the response within thirty (30) days, shall be deemed to have approved such request. The Association shall give timely written notice to all First Mortgagees of any proposed action which would require the consent of a specified percentage of First Mortgagees.
h. Unless otherwise provided in this Paragraph 8.1 or elsewhere in this Declaration, any of the provisions herein may be
which would require the consent of a specified percentage of First Mortgagees.
h. Unless otherwise provided in this Paragraph 8.1 or elsewhere in this Declaration, any of the provisions herein may be amended by the consent of Owners of Unita to which at least sixty-seven percent (67%) of the votes in the Association are allocated, provided that: 84046 4445 - 42 = (1) No amendment shall affect the rights given to the Declarant, herein, without the consent of the Declarant; (11) No action to challenge the validity of an amendment adopted by the Association under this section or Paragraph 8.2 may be brought more than one (1) year after the amendment is recorded; and (111) To be effective, each amendment to the Declaration must be in writing, signed and acknowledged by the Board, indicating the required approval of such Owners and/or Mortgagees, or by the Declarant in the case of an amendment pursuant to Paragraph 8.2, Any such instrument shall be duly recorded in the Condominium Recorig Dallas, Texas.
8.2 CORRECTION OF ERROR. ODeclarant resg continuing right, until the end of the Const consent of the other Owners or any Mortgagee\to ametrd is Declaration or the By~Lawa for the purpose of resolving kin any ambiguities or conflicts herein, or correcting nt misstatements, errors or omissions herein, or to comply quirements of Federal Home Loan éjera National Mortgage Association, Veterans H SQ ministration, as allowed by law.
8.3 OWNERSHIP S PERSONAL PROPERTY. Upon termination of the Mortgage Corporation, Administration or Fede furnished by Declarant, and intended for the common o}ment of the Condominium Unit Owners and occupants. No Owner any other interest and right thereto, and all such right and
n, Administration or Fede furnished by Declarant, and intended for the common o}ment of the Condominium Unit Owners and occupants. No Owner any other interest and right thereto, and all such right and interest shall absolutely terminate upon the Owner's termination of possession of his Condominium Unit.
8.4 CHANGE IN DOCUMENTS, Upon written request, the holder of any mortgage covering any of the Condominium Units shall be entitled to written notification from the Association thirty (30) days prior to the effective date of any change in the Condominium documents.
8,5 NOTICE. All notices, demands or other notices intended to be served upon an Owner shall be sent by ordinary or certified mail, postage prepaid, 84046 4bhG ~43addressed in the name of such Owner in care of the Unit number and Building address of such Owner. All notices, demande or other notices intended to be served upon the Hoard of Directors of the Association or the Association, shall be sent by ordinary or certified mail, postage prepaid, to 3918 Holland Avenue, Dallas, Texas, 75219, until such address is changed by a notice of address change duly recorded in the Dallas County Condominium Records.
8.6 CONFLICT BETWEEN DECLARATION AND HY<LAWS, Whenever the application of the provistonas of this Declaration conflict with the application of any provision of the By-Laws adopted by the Association, the provisions or application of this Declaration shall prevail.
8.7 INVALIDATION OF PARTS. If any of the provisions of this Deglakation or any paragraph, sentence, clause, phrase or word aor the applica in any circumstance be invalidated, such invalidity shall validity of the remainder of this Declaration and the of any provision, paragraph, sentence, clause, phra any other
se or word aor the applica in any circumstance be invalidated, such invalidity shall validity of the remainder of this Declaration and the of any provision, paragraph, sentence, clause, phra any other circumstance shall not be affected thereby.
8.8 OMISSIONS. In the event of the Omission this Declaration of any word, sentence, clause, provision or 4 whenever used herein, unless the context shall vi the singular number shall include the plural, che plural the use of any gender shall include all genders.
84046 bby?
= 44 IN WITNESS WHEREOF, the Declarant has caused this instrument to be signed, sealed and delivered by its proper corporate officers and its corporate seal to be affixed, this 2R tay of Feb , AD,, 198¢/ , 3M3 PROPERTIES, INC.
By: ATTEST: el Secretary ©) .
Poy! ‘ .
THE STATE OF TEXAS § .?
COUNTY OF DALLAS § © , 2 ptaxy Public in and for said? County ang State, on this day pero RK aryed Coleman McDuffee, President’ of ‘M3 knb e BEFORE ME, the under pgned Properties, Inc., be the person and officer whose name is subscribed to the was the act of pn Yo poration for the purposes and consideration therein expressed, ‘apacity therein stated.
GI U MY HAND AND SEAL OF OFFICE this the 2 pm day The State of Texas My Commission Expires: ul -36 £6 84046 KyKg - 65 ~ EXHIBIT "A" LEGAL DESCRIPTION BEING all of Lots 4 and 5 in City of Dallas Block 4/1566, Dallas /C Texas, and being more particularly described as follows; Throckmorton Street and the northeast right-of-way line af Holland] Avenue, thence South 45° 00' 00° East along the southeast right-ofkway sf a distance of 150.00 feet to the point of begiaging; THENCE departing the northeast right of way 1 ine Holland Avenue North 45° 00' 00" East a distance of 160.00 feet to-a carndx;
east right-ofkway sf a distance of 150.00 feet to the point of begiaging; THENCE departing the northeast right of way 1 ine Holland Avenue North 45° 00' 00" East a distance of 160.00 feet to-a carndx; THENCE South 45° 00' OO" East a — j THENCE South 45° 00° 00° West a distaqce f J*feet to a corner in gt to the point of beginning of land.
ntion and the map marked Exhibit A substantially de~ ocatiens of the building, the units, the unit numbers, the nes‘anddimensions of said property are as indicated on the plat; the ents lie wholly within the property lines and estab) ished setback gxcept as shown.
er were no encroachments, conflicts, or protrusions visible on the date of the survey except as shown.
The property has access to a public road.
The surveyor has ne knowledge of other visible easements, rights of way, or other easements of record affecting the property other than those shawn, This survey was performed in connection with the above transaction.
Use of this survey for any other purpose or by other parties shall be | at their risk and undersigned 1s not responsible to others for any loss resulting therefrom.
pict the locations of the building, the units, the unit numbers, the dimensions of the units, and the building description by letter. The lines and dimensions of said property are as indicated on the plat; the improvements lie wholly within the property lines and established setback lines except as shown.
There were no encroachments, conflicts, or protrustons visible on the date of the survey except as shown, The property has access to a public road.
The surveyor has no knowledge of other visible easements, rights ‘ : | or other easements of record affecting the property other than Glee
ey except as shown, The property has access to a public road.
The surveyor has no knowledge of other visible easements, rights ‘ : | or other easements of record affecting the property other than Glee shown.
at their risk and undersigned is not responsible resulting therefrom.
Billy L. Ste Registered Publ IbOGG6 bk&so LEGAL DESCRIPTION HOLLAND OAKS CONDOMINIUMS 44046 hod 83 M 3 al Copy 5.11 THROCKMORTON ST 19ء N45°00' 00" E 125 42.0 90.5 202 9 T.
160.0' SIP 4452 8 CONCRETE, ALLEY SLAB COVERED PARKING : 100.0 POWER POLE ASPHALT PAVEMENT POWER POLE 210 208 206 204 202 102 101 8404 106 198 110 II PARKING SPACES 10 30.0 210 3.5 10.6 2.3' 208 4.0 20 110 5.5 108 10 official Copy 206 A 03 40 204 175' 3.5 55 14.0 t 11 PARKING SPACES ASPHALT PAVEMENT 102 P.
54500000" W PATIOS CONCRETE WALL FENCE DIMENSIONS FOR BUILDING B ARE SAME AS FOR BUILDING A.
84046 4453 THROCKMO REFERENCE POINT 150.0' POINT OF BEGINNING N45 FLP t N45.0000" W HOLLAND Unofficial 84046 445 GOR.O.W 11 PARKI ASPHALT A N45 1.
11 PARKING SPACES 42.0 CONCRETE WALL ASPHALT PAVEMENT FLP N 45°00'00" W OLLAND GO ROW 30 8-8 1125 100.0' AVEN FLP Unofficial Copy 10 25' GRAPHIC SCALE 84046 4455 50 ☆ STATE OF (Bilir.
DEG BILLY AN CON DA ; | Official Copy EXHIBIT "B" BILLY L. STEPHENSON AND ASSOCIATES CONSULTING ENGINEERS 2220 HIGHLAND ROAD (214)324-2461 DALLAS, TEXAS 75228 SITE PLAN HOLLAND OAKS CONDOMINIUMS 84046 4456 SHEET NO. 2 OF 3 SCALE: H 1" 20' DRAWN BY: D.R. M.
SURVEYED 10-19-8.
SURVEYED BY DR.
CHECKED BY: B.L.S.
JOB NO. 83022 17.1 171 17.1' 28.9' 210 2.0 28.9' 34.6' 208 20.
2.9 4.3 9.9 84046 4457 28.9' 110 Unofficial Cony 17./' 12.8 0.3' 30.3′ 30.6 204 34.6' 28.9' 202 2.9 2.0 4.3' 16.1 2.0 10.2' 5.0 17./ 4.0 4.0 12./ 10.2 12.1 4.3' 2.0 5.0 171 12.1 4.0' 5.0 2.0 2.9 28.9 34.6 108 30.6 30.3 106 30.3 30.6
Unofficial Cony 17./' 12.8 0.3' 30.3′ 30.6 204 34.6' 28.9' 202 2.9 2.0 4.3' 16.1 2.0 10.2' 5.0 17./ 4.0 4.0 12./ 10.2 12.1 4.3' 2.0 5.0 171 12.1 4.0' 5.0 2.0 2.9 28.9 34.6 108 30.6 30.3 106 30.3 30.6 104 34.6 28.9' 2.9.
2.0 102 16.1 03 84046 4457 9.9 28.9' 12.1 4.0 5.0 17/ 5.0′ 2.0' 110 4.3' 2.0 2.9 28.9' 34.6' 108 30.6' 30.3′ 106 121 12.1 Unofficial 4.0 12.1 4.3' 2.0 10.2' 34.6 -2.9.
2.0 28.9' 102 03 17.1 12.1 17/ 17/ 17.1 16.1' 12.8 12.8 0.3 28.9' 34.6 208 34.6' 30.3′ 206 30.3' 34.6' 204 34.6 289 202 155 2% 1.7' 2% 5.4 17.1' 17/' 40464458 17.1' 84046 4458 28.9' 210 28.9' 34.6' 208 : 34.6' 30.3' 206 30.3 34.6' 204 34.6 28.9 202 ১ 0.3 155 2% 17/' 17.1 17/ 17.1 17/ 28.9' 110 28.9' Unokicial Copy 1.2 17/ 17/' 17/' 5.4 5.4 1.2 ,2% 30.3′ 106 30.3′ 34.6' 104 34.6 28.9' 102 5.5 20.3 12.8′ 17/' 17/ 171 17/' 17./' 12.8 204 34.6′ 28.9′ 2.9 202 2.0 4.3' 0.3' 16.1.
2.0 10.2' 12./' Com 12.1 34.
129.
28.
10 16.1' BUILOUNIT FL ING FINISHED FINISHED FINISHED FINISHED UNIT LETTER NONELEV ELEV ELEV.
BUILDING FIRST FLOOR BUILDING BUILDING FIRST FL TABULATIONS FLOOR CEILING FLOOR CEILING ELEY.
% OF AREA OWNERST. FLOOR IST FLOOR 2nd. FLOOR 2ND FLOOR SQ. FT. SHIP A 202 495.78 504.78 505.88 514.88 999.979.3580 A 204 495.78 504.78 505.88 514.88 1163.32 10.8870 A 200 495.78 504.78 505.88 514.88 1036.26 9.6980 A 208 495.78 504.78 505.08 514.88 1163.32 10.8870 210 495.78 504.78 505.98 514.88 979.78 9.1700 8 102 495.78 504.78 505.88 514.88 999.97 9.3560 104 495.78 50478 505.88 514.88 1163.32 10.0870 8 106 495.18 504.78 505.80 514.98 1036.26 9.6980 B 108 495.78 504.78 505. BB 514.88 1163.32 10.8870 9 8 110 495.78 504.78 505.88 514.80 979.78 9.1700 84046 4460 10.3 10 F 10.2 121 4.3 104 2.9.
2.0° 34.6 28.9' 102 2.0' 16.1' 10.3 BUILDING B FIRST FLOOR BULATIONS FINISHED CEILING ELEV.
UNIT % OF
.8870 9 8 110 495.78 504.78 505.88 514.80 979.78 9.1700 84046 4460 10.3 10 F 10.2 121 4.3 104 2.9.
2.0° 34.6 28.9' 102 2.0' 16.1' 10.3 BUILDING B FIRST FLOOR BULATIONS FINISHED CEILING ELEV.
UNIT % OF AREA OWNER2ND FLOOR SQ. FT. SHIP REN 12.8 17.1 12 12.8 17/ 0.3 204 34.6 289 202 Mosficial Copy 514.88 999.979.3580 514.88 1163.32 10.8870 514.88 1036.26 9.6980 514.88 1163.32 10.8870 514.98 979.789.1100 STUDIO 514.88 999.97 STUDIO 514.88 1163.32 10.0870 STUDIO 514.88 1036.26 9.6980 STUDIO 514.88 1163.32 10.8870 STUDIO 514.88 979.78 9.1700 STUDIO 84046 4461 10' 15.5 BUILDING SECOND GRAPHIC SCALE } BILLY AND CONS DALL 204 34.6' 289 202 17/ 17/ 17/ 17/ 104 34.6' 28.9' 171' 12.8 0.3 2% ,2% 15.5 %7 5.4 5.4 2.6 BUILDING A SECOND FLOOR 10' 25 102 B SECOND FLOOR official Co OUTSIDE OF UNITS ARE GENERAL COMMON UNLESS NOTED OTHERWISE.
EXHIBIT "B" PAPHIC SCALE BILLY L. STEPHENSON AND ASSOCIATES CONSULTING ENGINEERS 3220 HIGHLAND ROAD (214)324-2461 DALLAS, TEXAS 75228 UNIT DETAILS HOLLAND OAKS CONDOMINIUMS 4462 84046 SHEET NO. 3 OF SCALE: 1"=10 DRAWN BY: D. R.
SURVEYED 10-19 SURVEYEDBY D.A CHECKED BY: 8.८ JOB NO. 83022 EXHIBIT "Cc" HOLLAND OAKS CONDOMINIUMS PERCENTAGES OF OWNERSHIP INTERESTS BUILDING UNIT PERCENTAGE wee. DEER. serous A 202 9,3580 A 204 10.8870 A 206 9.6980 A 208 10,8870 A 210 9.1700 B 102 9.3580 , B 104 | B 106 B 108 B 110 9.1700 © oem S B40b6 4463 Unofficial Copy STATE OF TEXAS COUNTY OF DALLAS I hereby certify that this Instrument was filed on the date and time stamped hereon by me and was duly rан corded in the volume and page of the nemed necords of Dallas County, Texas as stamped hereon by me, MAR 6 1984 Eal Bullock COUNTY CLERK, Dallas County, Tamill WHEN RECORDED RETURN TO: Mary Beal 701 15th Street Plano Title Company Plano, Texas 75074 84046 4464