Document

S) Holland Oaks CONDOMINIUMS Dallas, Texas By CityHomes DECLARATION OF HOLLAND OAKS CONDOMINIUMS TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ARTICLE 2 PROPERTY SUBJECT TO DOCUMENTS ARTICLE 3 PROPERTY EASEMENTS & RIGHTS 4.2.

4.3.

4.4.

4.5.

CABLE TV SPECIAL DISTRICT CONTRACT SERVICES DISCLOSURE PEST CONTROL TUBES DISCLOSURE ARTICLE 5 UNITS, LIMITED COMMON ELEMENTS & ALLOCATIONS 5.1. UNIT BOUNDARIES Unofficial Copy 2.1.

SUBJECT TO DOCUMENTS 3 2.2.

ADDITIONAL PROPERTY 3 2.3.

MERGER 3 2.4.

RECORDED EASEMENTS AND LICENSE 4 2.5.

COMMON ELEMENTS 4 PAGE 1 3 3.1. GENERAL 4 3.2.

OWNER'S 4 3.3.

OWNER'S 4 3.4.

OWNER'S INGRESS/EGRESS EASEMENT 5 3.5. OWNER'S ENCROACHMENT EASEMENT 5 3.6.

EASEMENT 5 3.7.

5 6 3.8.

3.9 DECLARANT'S EASEMENT TO INSPECT & RIGHT TO CORRECT 6 FEATURES 6 4 6 6 6 7 7 7 7 5.2.

INITIAL DESIGNATIONS OF LIMITED COMMON ELEMENTS 9 5.3.

SUBSEQUENT ALLOCATION OF LIMITED COMMON ELEMENTS 9 5.4.

ALLOCATION OF INTERESTS 9 ARTICLE 6 COVENANT FOR ASSESSMENTS 10 6.1.

PURPOSE OF ASSESSMENTS 6.2. PERSONAL OBLIGATION 6.3.

CONTROL FOR ASSESSMENT INCREASES 6.4.

TYPES OF ASSESSMENTS 10 10 10 10 DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page i 2004018 00092 6.5. REGULAR ASSESSMENTS 6.6. SPECIAL ASSESSMENTS 6.7.

UTILITY ASSESSMENTS 6.8.

INDIVIDUAL ASSESSMENTS 6.9.

DEFICIENCY ASSESSMENTS 6.10.

DUE DATE 6.11.

RESERVE FUNDS 6.12.

ASSOCIATION'S RIGHT TO BORROW MOΝΕΥ 6.13.

TRANSFER-RELATED FEES 6.14. LIMITATIONS OF INTEREST ARTICLE 7 ASSESSMENT LIEN 7.1.

ASSESSMENT LIEN 7.2.

SUPERIORITY OF ASSESSMENT LIEN 7.3.

EFFECT OF MORTGAGEE'S FORECLOSURE 7.4.

NOTICE AND RELEASE OF NOTICE 7.5.

POWER OF SALE.

7.6.

FORECLOSURE OF LIEN ARTICLE 8 - EFFECT OF NONPAYMENT OF ASSESSMENTS 8.1.

INTEREST 8.2. LATE 8.3.

COLLECTION EXPENSES 8.4.

GAGEE'S FORECLOSURE 7.4.

NOTICE AND RELEASE OF NOTICE 7.5.

POWER OF SALE.

7.6.

FORECLOSURE OF LIEN ARTICLE 8 - EFFECT OF NONPAYMENT OF ASSESSMENTS 8.1.

INTEREST 8.2. LATE 8.3.

COLLECTION EXPENSES 8.4.

8.5. SUSPENSION OF USE AND VOTE ASSIGNMENT OF RENTS MONEY JUDGMENT NOTICE TO MORTGAGEE APPLICATION OF PAYMENTS 9.1.

ARTICLE 9 MAINTENANCE AND REPAIR OBLIGATIONS ASSOCIATION MAINTAINS 9.2.

ANNUAL INSPECTION OF COMMON AREA 9.3. OWNER RESPONSIBILITY Unofficial Copy 10 12 12 12 13 13 13 13 13 13 14 14 14 14 14 14 14 15 15 15 15 15 15 15 15 15 16 9.4.

DISPUTES 16 9.5.

SHEETROCK 16 9.6. CONCRETE 17 9.7. BALCONIES & DECKS 17 9.8.

WARRANTY CLAIMS 9.9.

OWNER'S DEFAULT IN MAINTENANCE 17 17 10.1.

PURPOSE ARTICLE 10 ARCHITECTURAL COVENANTS AND CONTROL 10.2. ARCHITECTURAL CONTROL COMMITTEE 17 17 18 10.3. LIMITS ON LIABILITY 18 10.4. PROHIBITION OF CONSTRUCTION, ALTERATION & IMPROVEMENT 18 10.5. ACC APPROVAL 18 10.6.

CONTROL FOR VARIANCES 19 DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page ii 2004018 00093 10.7. PROHIBITED ACTS ARTICLE 11 USE RESTRICTIONS 11.1. VARIANCE 11.2. ASSOCIATION'S RIGHT TO PROMULGATE RULES 11.3. RULES AND REGULATIONS 11.4. AGES OF RESIDENTS.

11.5. ΑNIMALS 11.6.

ΑΝΝOYANCE 11.7. APPEARANCE 11.8. DECLARANT PRIVILEGES 11.9. DRAINAGE 11.10. DRIVEWAYS 11.11. FIRE SAFETY 11.12. GARAGES 11.13. LANDSCAPING 11.14. NOISE & ODOR 11.15. OCCUPANCY 11.16. RESIDENTIAL USE 11.17. SIGNS 11.18. SPECIFIC USES 11.19. STRUCTURAL INTEGRIT 11.20. TELEVISION 11.21. VEHICLES ARTICLE 12 UNIT LEASING 12.2. LEASE CONDITIONS 12.2. OWNER OCCUPANCY Official Copy 19 19 20 20 20 20 20 20 21 21 21 21 21 21 21 21 22 22 22 22 23 23 24 24 24 12.3. EVICTION OF TENANTS 24 24 12.4 RESTRICTIONS ON LEASING 12.5. EXEMPTIONS 25 26

TIONS 12.2. OWNER OCCUPANCY Official Copy 19 19 20 20 20 20 20 20 21 21 21 21 21 21 21 21 22 22 22 22 23 23 24 24 24 12.3. EVICTION OF TENANTS 24 24 12.4 RESTRICTIONS ON LEASING 12.5. EXEMPTIONS 25 26 ARTICLE 13 ASSOCIATION OPERATIONS 26 13.1. THE ASSOCIATION 26 13.2.

BOARD 26 13.3. MEMBERSHIP 26 13.4. ΜΑΝAGER 26 13.5. BOOKS & RECORDS 27 13.6.

INDEMNIFICATION 27 13.7.

OBLIGATIONS OF OWNERS ARTICLE 14 ENFORCING THE DOCUMENTS 14.1. NOTICE AND HEARING REMEDIES 14.2.

14.3.

BOARD DISCRETION 14.4. NO WAIVER 14.5.

RECOVERY OF COSTS DECLARATION OF HOLLAND OAKS CONDOMINIUMS 27 27 28 28 29 29 Page iii ARTICLE 15 - INSURANCE 15.1. GENERAL PROVISIONS 15.2.

PROPERTY INSURANCE 15.3. LIABILITY INSURANCE 15.4. WORKER'S COMPENSATION 15.5. FIDELITY COVERAGE 15.6.

DIRECTORS AND OFFICERS LIABILITY 15.7. MORTGAGEE REQUIRED POLICIES 15.8. OTHER POLICIES 15.9. OWNER'S RESPONSIBILITY FOR INSURANCE ARTICLE 16 RECONSTRUCTION OR REPAIR AFTER LOSS 16.1. SUBJECT TO ACT 16.2.

RESTORATION FUNDS 16.3. COSTS AND PLANS 16.4.

OWNER'S DUTY TO REPAIR 16.5. OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE ARTICLE 17 TERMINATION 30 30 31 31 31 31 31 31 Unofficial Copy.

17.2. TERMINATION 18.7. NOTICE OF ACTIONS 18.8.

ΑΜΕNDMENTS OF A MATERIAL NATURE ARTICLE 19 AMENDMENTS 19.1. CONSENTS REQUIRED 19.2. METHOD OF AMENDMENT 19.3.

19.4.

EFFECTIVE DECLARANT PROVISIONS ARTICLE 20 DISPUTE RESOLUTION 20.1.

20.2.

INTRODUCTION & DEFINITIONS MANDATORY PROCEDURES 20.3. NOTICE 20.4.

NEGOTIATION 20.5. MEDIATION 32 32 32 32 33 33 33 33 33 33 34 34 34 34 34 34 35 35 35 36 36 36 36 36 37 37 38 38 38 38 DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page iv 2004018 00095 20.6.

TERMINATION OF MEDIATION

4 34 34 34 35 35 35 36 36 36 36 36 37 37 38 38 38 38 DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page iv 2004018 00095 20.6.

TERMINATION OF MEDIATION 20.7. ALLOCATION OF COSTS 20.8.

ENFORCEMENT OF RESOLUTION 20.9. GENERAL PROVISIONS 20.10. LITIGATION APPROVAL & SETTLEMENT ARTICLE 21 GENERAL PROVISIONS 21.1.

COMPLIANCE 21.2. HIGHER AUTHORITY 21.3. NOTICE 21.4. LIBERAL CONSTRUCTION 21.5. SEVERABILITY 21.6. CAPTIONS 21.8. DURATION 21.7.

INTERPRETATION 38 38 Copy Unofficial 39 39 39 39 39 39 39 40 40 40 40 40 21.9. PREPARER 21.10. APPENDIXES SIGNED AND ACKNOWLEDGED APPENDIX A DESCRIPTION OF SUN APPENDIX B- DECLARANT REPRESENTATIONS & RESERVATIONS 8-1 8.1.

GENERAL PROVISIONS 8-1 Β.2.

DECLARANT CONTROL PERIOD RESERVATIONS 8-1 8.3.

DEVELOPMENT PERIOD RESERVATIONS B-2 8.4.

SPECIAL DECLARANT RIGHTS 8-3 ADDITIONAL EASEMENTS & RIGHTS B-4 COMMON ELEMENTS 8-5 WORKING CAPITAL FUND 8-5 SUCCESSOR DECLARANT B-5 APPENDIX C SCHEDULE OF ALLOCATED INTERESTS APPENDIX D-PLATS AND PLANS APPENDIX E GUIDE TO ASSOCIATION'S MAJOR MANAGEMENT & GOVERNANCE FUNCTIONS DECLARATION OF HOLLAND OAKS CONDOMINIUMS pd=1/28/04 Page v 20018 00096 ERT DECLARATION OF arYassumed business the date signed below.

tion, together with the This Declaration of Holand Oaks Condominiums is made name of Centex Homes, 3 Nevada general partnership (“Dect Declarant owns the real property described in Appendis A of improvements thereon. By recording this Declaration, rant the property described in Appendix A to the provisions of the Texas Uniform Condo! Act, Chapter 82 of the Texas Property Cade, for the purpose of creating Holland Oaks Candompim Declarant desires to deveiop the reai preity (Qm> dential condominium to be known a5

Texas Uniform Condo! Act, Chapter 82 of the Texas Property Cade, for the purpose of creating Holland Oaks Candompim Declarant desires to deveiop the reai preity (Qm> dential condominium to be known a5 Holland Oaks. Declarant further desires to prov: (rls eservation and maintenance of portions of Holland Gaks, and to protect the vatue, des teditractiveness of Holland Gaks. As required by State law, Declarant is creating a gond Wr iation to perform the functions and activities more fully described in this Declarg8o Declarant DECLARES th conveyed, leased, occupied, u restrictions, and easements off in the attached Appendix Brew any right, Ute, or interest | of each Ovener of the described in Appendix A will be held, transferred, sold, and encumbered subject to the terms, covenants, conditions, ardtion, including Declarant’s representations and reservations with the real property and bind all parties having or acquiring fty, their heirs, successors, and assigns, and inure to the benefit ARTICLE 1 DEFINITI _ Yntess defined otherwise in this Declaration, words and phrases defined in Section 82 o03rel tee XY ave the same meaning when used in this Declaration. The following words and phrases, Sethe or not capitalized, have specified meanings when used in the Documents, unless 2 different maaning is apparent from the context in which the word or phrase is used.

1.1. "ACC" means the Architectural Control Committee of the Association.

1.2. “Act™ means Chapter 82 of the Texas Property Code, the Texas Uniform Condominium Act, as it may be amended from time to time.

1.3. “Applicable Law” means the statutes and public iaws and ordinances in effect at the time a provision of the Documents is applied, and pertaining to the subject matter of the Document

ime to time.

1.3. “Applicable Law” means the statutes and public iaws and ordinances in effect at the time a provision of the Documents is applied, and pertaining to the subject matter of the Document provision. Statutes and ordinances specifically referenced in the Documents are “Applicable Law” on the date of the Document, and are not intended to apply to the Project if they cease to be applicable by operation of law, or if they are replaced or superceded by one or more other statutes or ordinances.

1.4. “Assessment” means any charge levied against a Unit or Owner by the Association, pursuant to the Documents, the Act, or other public law, including but not limited to Annual Assessments, Special Assessments, Utility Assessments, Individual Assessments, and Deficiency Assessments, as defined in Article 6 of this Declaration.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS ohe ep Stl Ue gern R ASHLEE rte aN cng elas a UR RMAC SASL eat IMONA EAN 1.5. ‘*Association” means the association of Ovners of all Units in the Property, erganized as Holland Oaks Homeowners Association, a Texas nonprofit corporation, and sevmng’ association’ defined by the Act, and as the “property owners’ association” defined in apptisable tayv, such as Section 202.001(2) of the Texas Property Code. The failure of the Associatigh to mal S corporate charter from time to time does not affect the existence or legitimacy of the ci iop, wfych derives its authority from this Declaration, the Bylaws, and the Act.

time.

1.8. “Common Element’ means all of the Pr ¥, save except the 22 Unis. All

ans the board of directors of the Associatio: time.

1.8. “Common Element’ means all of the Pr ¥, save except the 22 Unis. All Common Elements are “General Common Elements” exc any, “Limited Common Elements® allocated by this Declaration for the exclusive use of t fess than all of the Unis.

1.9. “Declarant” means CityHomes, ¥ general partnership, which is developing the Pr ? uccessors and assigns of Centex Homes d/b/a CityHomes which acquire any portion i are designated a Successor Declarant by Ce assign, in a recorded document.

1.10. “Declarant Con the operation and manageme duration of the Declarant Contras period not to exceed the oath: Mation, pursuant to Appendix B of this Declarabon. The from the date this Declaration is recorded for a maximum ent, construction, expansion, and marketing of the Property. The Development a of years and does not require that Declarant own any portion of the property described D-Apgéndix A. Declarant may terminate the Develapment Period at any ima by recording body of this Declaration, | veep i< B has poorty over ihe man Dunag the Development and Plans recorded pursuant to the Act, the Byiaws, the Association’s Articles of Incorporation, and the Rules of the Association, as any of these may be amended from time to time. An appendix, exhibit, schedule, or certification accompanying a Document is a part of that Gocument.

1.14. “Majority” means more than half.

1.15. "Member" means a member of the Association, each Member being an Owner of a Unit, unless the context indicates that member means a member of the Board or a member of a committee of the Association.

5. "Member" means a member of the Association, each Member being an Owner of a Unit, unless the context indicates that member means a member of the Board or a member of a committee of the Association.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 2 -ramtmnnnnie nena gia | eee pers Se RN TN et EEK Ag yay Ronn n et Fmee oagp meneame enn Oe Tn en Oe OUR TIEN CPR ere Vet ee ere BE Ee RTE tee ee TO She mursenhin a aentabreieon rtm Scab secured by a recorded senior or first deed of trust tien against a Unit.

1.17. “Owner” means a holder of recorded fee simple GUe to a Umit.

Owner of all Units. Sellers under contracts for deed are Owners. Mortgagees who a through a deed in lieu of forectosure or through judicial or nonjudicial foreciosy; or entities having ownership interests merely as security for the performancg Owners. Every Owner is a Member of the Association.

and ail improvements, perty is Holland Oaks laration, and includes 1.18. “Property” means ali the land subject to this easements, rights, and appurtenances to the land. The namé Condominiums. The Property is located on land described in, App: every Unit and Common Element thercon.

1.19. “Resident” means an occupant cf a Unit 1.20. “Rules” means rules and requiator Heme Loan Mortgage Corporation (Freddie Mac), Federal Housing Administration (H¥§ i National Mortgage Association (Fannie Mae), or Adsde pn€ Mae), singly or collectively. The use of this term a fimitation on an Owner's financing options nor as a 1.22. “Unit” meanya ica tion of the Property designated by this Declaration for separate ownership and occupan feb nddries of winch are shown on the Plat and Plans attached hereto as Appendix D, as fu g ARTICLE 2 PROPERTY SUBJECT TO DOCUMENTS

ty designated by this Declaration for separate ownership and occupan feb nddries of winch are shown on the Plat and Plans attached hereto as Appendix D, as fu g ARTICLE 2 PROPERTY SUBJECT TO DOCUMENTS CT TO DOCUMENTS. The reali property described in Appendix A is heid, transferred, y edsed, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, iCticns, liens, and easements of this Declaration, including Declarant’s representations and reservations in the attached Appendix B, which run with the Property, bind all parties having or acquiring any right, title, or interest in the Property, their heirs, successors, and assigns, and inure to the benefit of each Owner of the Property.

2.2. ADDITIONAL PROPERTY. Additional real property may be annexed to the Property and subjected to this Dectaration and the jurisdiction of the Association on approval of Owners of at least two-thirds of the Units in the Property, or, during the Development Period, by Declarant as permitted in Appendix B. Annexation of additional property is accomplished by recording a declaration of annexation, including an amendment of Appendix A, in the county's Real Property Records. If Units are added to the Property, amendment of Appendix C is also required.

2.3. MERGER. Merger or consolidation of the Association with another association must be evidenced by an amendment to this Declaration. The amendment must be approved by Owners of at least two-thirds of the Units. On merger or consolidation of the Association with another association, the property, rights, and obligations of another association may, by operation of law, be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to the merger.

erty, rights, and obligations of another association may, by operation of law, be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to the merger.

The surviving or consolidated association may administer the provisions of the Documents within the DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 3 a oe me saan ee pen * a reed a HE RR RG a GEMS a EEN = F.

; e é !

gee a eepree thant wited abd aN INDE tiesto see 8 Property, together with the covenants and restrictions established on any other property uadar its jurisdiction. No merger or consolidation, however, will effect a revocation, change, or adgittoa he covenants established by this Declaration within the Property.

2.4. RECORDED EASEMENTS AND LICENSES. In addition to the easeme contained in this Declaration, the Property is subject to any easements, license ecords, Dallas, County, Texas. Deciarant makes no representations as to the applicability df ¥Yarner Amex and Solon instruments to the Property. Each Owner, by accepting an,gterest ® Oa Unit, whether or not it is So expressed in the instrument of conveyance, covena d agrees tS be bound by prior-recorded instruments affecting the real property.

2.5. COMMON ELEMENTS. The Lomi Ef Property, save and except the 22 Units.

2.5.3, QOunership & Maintensng by this Declaration. The Declares Ofistruct, of authonze certain improvements on alievelopment of the Property, and the cost thereof atid. Thereafter, all costs attributable to Common dingana rance, and enhancements, are automatically the responsibility of the Asspciat this Declaration elsewhere provides for a different 2.5.2. d a. By accepting an interest in or tle to a Unit, each Ovener 1s deemed

d enhancements, are automatically the responsibility of the Asspciat this Declaration elsewhere provides for a different 2.5.2. d a. By accepting an interest in or tle to a Unit, each Ovener 1s deemed (1) to accept the e-dcknowledge the authority of the Association, acting through its Board Wisions pertaining to the Common Elements; (3) to acknowiedge that mon Element's title (if any) to the Association by or through the Declarant is a + Phat does not require acceptance by the Association; and (4) to acknowledge the aintenance of the Common Elements, regardless of changes in the Association's ARTICLE 3 PROPERTY EASEMENTS & RIGHTS 3.1. GENERAL. In addition to other easements and rights established by the Documents, the Property is subject to the easements and rights contained in this Article.

3.2. OWNER'S EASEMENT OF ENJOYMENT. Every Owner is granted a sight and easement of enjoyment over the General Common Elements and to use of improvements therein, subject to other rights and easements contained in the Documents. An Owner who does not occupy a Unit delegates this right of enjoyment to the Residents of his Unit, and is not entitled to use the General Common Elements. Notwithstanding the foregoing, if a portion of the General Common Elements, such as a recreational feature, is designed for private use, the Association may temporarily reserve the use of such area for certain persons and purposes.

3.3. OWNER'S MAINTENANCE EASEMENT. Every Owner is granted an easement over adjoining Units and Common Elements for the maintenance or reconstruction of his Unit, subject to the consent of the Oviner of the adjoining Unit, or the Association in the case of Common Elements, and provided DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 4

reconstruction of his Unit, subject to the consent of the Oviner of the adjoining Unit, or the Association in the case of Common Elements, and provided DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 4 Be Ra I RY RR AR RT ERE EN £ 7 g = z i Unit or Common Element. Requests for entry to an adjoining Unit or Common Element v in advance for a time reasonably convenient for the adjoining Owner, scho may ag withhold consent. if an Over damages an adjoining Unit or Common Element easement, the Oniner is obligated to restore Une damaged property to its origin expense, within a reasonable penod of time.

3.4. OWNER'S INGRESS/EGRESS EASEMENT. Every Owner from his Unit or the appurtenant Limited Common Elements.

3.5. OWNER'S ENCROACHMENT EASEMENT. Evo 3.6. ASSOCIATION'S ACCESS EASEME f Shurer, by accepting an interest in or Ge to & Unit, whether or not it is so expressed in Uy Sof conveyance, grants to the Association an all Common Areas and the Own a nprovements thereon for the below-described purposes. In exercising this ea ? Runér's Unit, the Association is not liable to the Qwner for trespass.

a.

dércise self-help remedies permitted by the Documents es by applicable law.

e. To respond to emergencies.

f. To grant easements to utility providers as may be necessary to install, maintain, and inspect utilities serving any portion of the Property.

g. To perform any and all functions or duties of the Association as permitted or required by the Documents or by applicable law.

READERS, PLEASE PAY PARTICULAR HEED TO THE NEXT PROVISION TITLED "SECURITY".

3.7. SECURITY. The Association may, but is nat obligated to, maintain or support certain

he Documents or by applicable law.

READERS, PLEASE PAY PARTICULAR HEED TO THE NEXT PROVISION TITLED "SECURITY".

3.7. SECURITY. The Association may, but is nat obligated to, maintain or support certain activities within the Property designed, either directly or indirectly, to improve safety in or on the Property. Each Owner and Resident acknowledges and agrees, for himself and his guests, that Declarant, the Association, and their respective directors, officers, committees, agents, and employees are not providers, insurers, or guarantors of security within the Property. Each Owner and Resident DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 5 e : .

i i representation or warranty, express or implied, inchiding any warranty of meccha any particular purpose, relabve to any fire, burglary, and/or intrusion QO feos) oR CO installed, of any security measures undertaken vithin the Property.

aby reason of failure acknowledges and agrees that Declarant, the Association, and committees, agents, and employees may not be held liable for a to provide adequate security or ineffectiveness of secumty mea4 3.8. UTILITY EASEMENT. The Association may st > after the expiration of the Development Pensa DOA, fOSErves for itself and for Declarant’s architect, ed ot one design Eston wept apG gencral contractor the night, but not the that may exist en any portion of ug. he hcliding the Units, and a perpetual nonexclusive eszenrent of access throuep hia théPiz -Higvextent reasonably necessary to exercise this right.

2 ; any damage resulting from the exercise of this right.

construed to create a duty for Declarant or the Association, gciarant’s written and acknowledged consent. In support of this

rcise this right.

2 ; any damage resulting from the exercise of this right.

construed to create a duty for Declarant or the Association, gciarant’s written and acknowledged consent. In support of this pling an interest in or UUe to a Unit, hereby grants to Declarant an easement of access ef, across, under, and through the Property, including without limitation all Commen Ele yener's Unit and all improvements thereon for the purposes contained in this S: ARTICLE 4 CERTAIN PROPERTY FEATURES . ERAL. This Articie discioses selective features of the Property that may not be obvious te potential Owners and Residents. Because features may change over time, no disclosure in this Article should be relied upon without independent confirmation.

4.2. SPECIAL DISTRICT. Among the city ordinances to which the Property is subject is Ordinance No. 21859, adopted by the City of Dallas on October 27, 1993, which creates the Oak Lawn Special Purpose District, P.D. No. 193, as amended, including without limitation Ordinance No. 24728, adopted by the City of Dallas an September 26, 2001. These ordinances create many requirements for the Property, including landscaping specifications. The Association should stay informed about the city’s requirements and should be mindful that no amendment of the Documents nor any act or decision of the Association violates the requirements of the ardinance. Copies of city ordinances may be obtained from the City Secretary, if not available on the city's website.

4.3. CONTRACT SERVICES DISCLOSURE. In connection with construction of the Property, the Units may have been wired or fitted for one or more services to be provided by vendors to the individual Owners on a contract basis. Such services may inciude intrusion monitoring and cable television. In

s may have been wired or fitted for one or more services to be provided by vendors to the individual Owners on a contract basis. Such services may inciude intrusion monitoring and cable television. In exchange for such installations, Declarant may have contracted on behalf of the Owners for a period of service to al! Units. In that event, whether or not an Owner chooses to use the service, the Owner par net nan ne ee er er CneRAap EGS is required to pay the Unit's share of the contract for the contract penod. The Association ma as the conduit for the service fees and payments, which may be considered Individual 4638 However, the Association is not the seevice provider and has no responsibility of availability or quality of the service, or for the maintenance, repair, oF replacem: conduits, equipment, or other fittings relating to the contract service.

via an external port on each Unit. By acquiring aa ormership of Ax each Owner and Resident grants to the Association the right to uf pest contrel. The Association has the right, Out not the duty, (1) Property for pest contrat and (2) to use the tubing system for that purpose. Any Qwiner may T the Board to have the Owner's Unit excluded from the Association's pest controt{rea : qrdm, in which case the Qaner is responsitie for keeping his Unit substantially pest-free.

m system for purposes of 4.5. CABLE TY. On the date of this rath fe Declarant nor the Association has granted a blanket easement across the Proper E dievision franchise. The Property is being constructed with conduit for cable television lines. QnNe “ho contracts for cable television services ARTICLE 5

ranted a blanket easement across the Proper E dievision franchise. The Property is being constructed with conduit for cable television lines. QnNe “ho contracts for cable television services ARTICLE 5 MON ELEMENTS & ALLOCATIONS “f.2. Usper Boundary: The bottom or inside surface of the roof sheathing is the horizontal plane defining the Unit's upper boundary.

The individually owned Units created by this Declaration include some portions of the buiiding outside of the traditional air-conditioned living areas. For example, the garage, attic area, firebox and fireplace flue, exterior wall cavities, windows, doors, and some components of the § roof and exterior walls are included within the Unit's boundaries. i 5.1.3. Lateral Boundaries - Exterior Walls: On perimeter walls, the Unit's lateral boundaries are the planes defined by the inside-facing surfaces of the material comprising the outermost component of the exterior wali and by the outside-facing surfaces of the outermost component of doors and windows in the perimeter walls. For example, if the outermost materiai is brick veneer, the Unit extends to the inside-facing surface of the brick wall, and includes the entire wall cavity.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 7 peel She SRS PEARSE AERIAL CT TO DECLARATION OF HOLLAND OAKS CONDOMINIUMS S.4.4. Lateral Bourdaries - Party Yiails: Cn party walls -- walls between 2 Unds\- the Unit's lateral boundaries are the planes defined by Ue midpoints of the party wall, Ay ton each side of a party wall extends to the middie of the party wall.

§.4.5. Garages. The garage that is attached to the living area of Unit.

of the patio, balcony, or deck portion of a Unit are the out

each side of a party wall extends to the middie of the party wall.

§.4.5. Garages. The garage that is attached to the living area of Unit.

of the patio, balcony, or deck portion of a Unit are the out walls, Hoors, railings, and ceilings (if any) of the pato, & example, concrete patio siabs, wood decking, wood siding, $f §..7. Pest Control Tubes. The Ppeper constructed with tube-in-the-wail technology for pest contro! purposes. Ea n Unig bf 3 nal part through which pest control the Unit's slab foundation, or through port and ali of the tubes connected to tubes within some wails of the Unit. The % ’ atter where a tube is located.

the external port are part of the Unit 5.1.8. What the the above-described vertica window screens and fra area, firebox and firepla serving the Unit exciust te or contiguous wit Thee Unit also includes improvements, futures, and equipment e> located inside or outside the Unit, whether or not attached luding but not limited to the following (if any), chimneys, water é meters, fuse boxes, electrical switches, wiring, pipes, ducts, urity systems, television antennas, lighting fixtures, telephone and SIZE OF UNIT % dv6 of a Unit may be measured different ways for different i purposes, such as for tax purposes, appraisal purposes, sales purposes, H pG for purposes of carpeting and paint. No single measurement 15 i definitive for all purposes. Measurements may be of the area under | t roof, or the air canditioned space, or the area within the Unit's lega!

boundaries. The Unit’s partition wall cavities and/or its perimeter vail cavities may or may not be included. The Unit's garage area, attic area, front porch, and/or balcony space may or may nat be included. j 5.1.9. Exclusions: Except as specifically included above, each Unit excludes the spaces

be included. The Unit's garage area, attic area, front porch, and/or balcony space may or may nat be included. j 5.1.9. Exclusions: Except as specifically included above, each Unit excludes the spaces and improvements lying outside of the vertical and horizontal boundaries. Each Unit also excludes any chute, pipe, flue, duct, wire, or conduit running through a Unit for the purpase of furnishing utility and similar services to other Units and/or Cornmon Elements.

5.1.19. Inconsistency with Plans: If the foregoing description of Unit boundaries is inconsistent with the Plats and Plans, then this Section will control.

5.1.11. Representations of Size. The space contained within the Unit's vertical and horizontal boundaries is not related to the size of the Unit's living areas. Similarly, the Units are initially marketed on the basis of 4 limited number of representational floorplans, each of which ~ Page 8 cients er taginass nip ienss ype hms eee See i uae : seiecnnsea ey EARL Sooo bebe hem eisai in take eine ance men newt Bae SR PONE AEE PASSE GRE ARSE is marked with a rounded and estimated size of air-conditioned space, taken from pre-con architectural drawings. Those marketing sizes may vary from the size of the contained yathin the Unit's vertical and horizontal boundaries.

5.2. INITIAL DESIGNATIONS OF LIMITED COMMON ELEMENTS. The folt Commen Elements are Limited Common Elements assigned to the Units.

$233. Shown on Plats and Plans. Portions of the Commo as Limited Comman Elements on the Plats and Plans, attac p "LCE" and the identifying number of the Unit to whic appurtenant, or by use of a comparable methed of desig fidix O, by use of mon Element is

as Limited Comman Elements on the Plats and Plans, attac p "LCE" and the identifying number of the Unit to whic appurtenant, or by use of a comparable methed of desig fidix O, by use of mon Element is 5.2.2. Fenced Yards. Any fenced patio apourtéma 6 a Unit, being those which are accessed by or through a Unit, are Limited Coma jements, whether or not so Gasignated on Plats and Plans.

ney are not part of the Unit, any front and exclusive use of the Unit to which Gn Element, whether or not the area is so of an appurtenant area change -- vath the 5.2.3. Appurtenant Areas.

porch or sidewalk that is obviously intended the area is appurtenant is deemed a ld H4ITEO COMMON ELEMENTS. A Common Element not 5.3. SUBSEQUENT AIX ommon Element may be so allocated only pursuant to the provisions of this Article. Bt t assign Limited Common s\witftin the Property.

OE RESTS. The table showing the identifying number and allocated attached as Appendic C. The interests have been allocated in accordance with Aasticie. The same formulas are to be used in reallocating interests if Units S | The date on which the amendment creating additional Units is recorded in loperty Records is the effective date for assigning allccated interests to those Units.

dted to each Unit are calculated by the folloying formulas.

524.4. Common Element Interests. The percentage of undivided interest in the Common Elements allocated to each Unit is based on estimated air-conditioned square footage of architectural drawings for each plan type, compared to the total estimated air-conditioned square footage for all Units (by plan type) in the Property. Percentages may be rounded up or down to facilitate catculations. Also, Units of the same pian type may have allocations that differ

tioned square footage for all Units (by plan type) in the Property. Percentages may be rounded up or down to facilitate catculations. Also, Units of the same pian type may have allocations that differ slightly to facilitate the calculatian of 100 percent.

5.4.2. Common Expense Liabilities. The percentage of liability for common expenses allocated to each Unit is based on the same formula for Common Element interests.

$.4.3. Votes. The one vote appurtenant to each Unit is weighted equally for ail votes, regardiess of the other allocations appurtenant to the Unit. In other words, the one vcte appurtenant to each Unit is uniform and equal to the vote appurtenant to every other Unit.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS ~ Page 9 wae aca paneer nyt ARE AOR TT en a, Som: SA a Aetamannar mareenee mma ew enmenerne sanenieeaniene gm me * SIS REA sane etiam an eS At eR UN EON ARTICLE 6 COVENANT FOR ASSESSMENTS 6.1. PURPOSE OF ASSESSMENTS. The Association will use Assessment purposes of preserving and enhancing the Property, and for the cammon ben Reskients, including but nat limited to maintenance of real and personal prope operation of the Association, and any expanse reasonably related to the purpoy was developed. Hf made in good faith, the Board’s decision with res final.

essments is 6.2. PERSONAL OBLIGATION. An Owner is obligated to nts levied by the Board against the Owner or his Unit. Payments are made to the Associa rincipal office or at any other place the Board directs. Payments must be made f whether an Owner has a dispute with the Association, another Owner, or any other nN or entity regarding any matter to which this Declaration pertains. No Owner may exempts his Assessment liabikty by waiver

er an Owner has a dispute with the Association, another Owner, or any other nN or entity regarding any matter to which this Declaration pertains. No Owner may exempts his Assessment liabikty by waiver of the use or enjoyment of the Common Ele ) fanment of his Unit. An Ovner’s obligation is not subject to offset by the Owne sdent on the Association's performance of the Association's duties. Payee of Assessme: ly an Ovener of each Unit of the amount of, the budgetary ths Special Assessment or increase. The Special Assessment or effdctive unless Owners of at least a majority of the Units disapprove } i . In that event, the IF YOU ¢ ow N A UNIT 1N HOLLAND OAKS, OU MUST PAY ASSESSMENTS m ThE. BSSOCIAI 10H: 6.4. S OF ASSESSMENTS. There are 5 types of Assessments: Regular, Special, Utility, Individual, and Deficiency.

6.5. REGULAR ASSESSMENTS.

6.5.1. Purpose of Regular Assessments. Regular Assessments are used for common expenses related to the reoccurring, periodic, and anticipated responsibilities of the Asscciation, including but not limited to: a. Maintenance, repair, and replacement, as necessary, of the Common Elements, and improvements, equipment, signage, and property owned by the Association.

b. Annual maintenance examination and report, as per Article 9.

om Utilities billed to the Association.

d. Pest control.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 10 EONS L SNA Oe teen BORNE ED ENS DN RE Te eT TTR MAC OEE SOP TENT re CT aE ST a TEN Se SS EE re eR NT ee ee oe RT eT Le eT eT e. Services obtained by the Association and available to all Units.

f. Taxes on property owned by the Association and the Associatio g. Management, legal, accounting, auditing, and professionat the Association.

s obtained by the Association and available to all Units.

f. Taxes on property owned by the Association and the Associatio g. Management, legal, accounting, auditing, and professionat the Association.

h. Costs of operating the Association, such a5 Ug printing, meeting expenses, and educati Association.

h Insurance premiums and deduct?!

. Contributions to the reserve funds.

¥ required by law ar the Documents Esotyap ® Ap Board is necessary or proper for the the’ Property or for enforcement of the k. Any other expense wh: to pay, or vehich in the operation and mainte ixxuments.

6.5.2. Annual Budget’ prepare and approve an estimated annual budget for each fiscal year. } into account the estimated income and commen expenses for the year, Co ‘ rve funds, and 4 projection for uncollected receivanies.

The Board vall make theyoudge is ‘summary available to an Quwner of each Unit, although Board will provide Was OND detailed budget to Owners who make written request and pay 4 reasonable copy chp BasitetKe estinated income from sources other than Regular Assessments. Each Unit will Niocated share of the annual budget. Hf the Buard does not approve an annual 6574. Supplemental Increases. if during the course of a year the Board determines that Regular Assessments are insufficient to cover the estimated common expenses fer the remainder of the year, the Board may increase Regular Assessments for the remainder of the fiscal year in an amount that covers the estimated deficiency.

6.5. SPECIAL ASSESSMENTS. In addition to Regular and Utility Assessments, and subject to the Owners’ control for Assessment increases, the Board may levy one or more Special Assessments against all Units for the purpose of defraying, in whole or in part, common expenses not anticipated by

the Owners’ control for Assessment increases, the Board may levy one or more Special Assessments against all Units for the purpose of defraying, in whole or in part, common expenses not anticipated by the annual budget or reserve funds. Special Assessments may be used for the same purposes as Regular Assessments. Special Assessments do not require the approval of the Owners, except that Special Assessments for the following purposes must be approved by Owners of at least a majority of the Units: (1) acquisition of reat property, (2) construction of additional improvements to the Property -not repair or replacement of existing improvements, and (3) any expenditure that may reasonably be expected to significantly increase the Association's responsibility and financial obligation for operations, insurance, maintenance, repairs, or replacement.

6.7. UTILITY ASSESSMENTS. This Section appties to utilities serving the individual Units and consumed by the Residents that are billed to the Association by the utility provider, and which may or DECLARATION OF HOLLAND OAKS CONDOMINIUMS ~ Page 1i ae > RR as on a nec St SSRIS gama cme uc Lcd ye samen ese tenn A SBE ENE may not be submetered by of through the Association. In addition to Regular Assessments, th may levy a Ulilty Assessment against each Unit. If the Units are submetered for consd i utility, the Utility Assessment vill be based an the submeter reading. If the Units are 20 OTe for similar types of properties. The levy of a Utility Assessment may include a shan Kino A the Common Efements, as well as administrative and processing fees, and apralosgnon ofany other

s are 20 OTe for similar types of properties. The levy of a Utility Assessment may include a shan Kino A the Common Efements, as well as administrative and processing fees, and apralosgnon ofany other charges that are typically incurred in connection with ublity or submeatering § 6 2 Board may, from time to ime, change the method allocation, provided the sam ppl it bination of methods is used for all Units.

6.8. INDIVIDUAL ASSESSMENTS. In addition to Regular, 2 Board may levy an Individual Assessment against a Unit arg its Org pdividual Assessments may include, But are not limited to: interest, late charges, and action costs on delinquent Assessments; reimbursement for costs incurred in bringing an Owner of bis into compllance with the Documents; fines for violations of the Documents; transfer-related Jes le certificate fees; fees for estoppel ietters and project documents; insurance uctith bMetered utilities serving the Unit; reimbursement for damage or waste caused by %% sheent acts; common expenses that benefit fewer than ail of the Units, which may be as j oto benefit received; fees or charges levied against the Association on a per-Unit basis; ong igh” expenses for services to Units provided through the Association and which equitably Saif By each Unit according to benefit received.

td may levy a Deficiency Assessment against ali Units _ the cost of repair or restoration if insurance proceeds 6.9. DEFICIENCY A for the purpose of defraying, or condemnation awards prov; 6.10. DUE BATE.

are delinquent if not recd Individual Assessme@ 1e Association on or before the first day of the month. Special and the date stated in the notice of Assessment or, if no date is stated, : VENEUNDS. The Association will establish, maintain, and accumulate reserves for

r before the first day of the month. Special and the date stated in the notice of Assessment or, if no date is stated, : VENEUNDS. The Association will establish, maintain, and accumulate reserves for operation cement and repair. The Association vill budget for reserves and may fund “T1.1. Operations Reserves. The Association may maintain operations reserves at é@ level determined by the Board to be sufficient ta cover the cost of operational or maintenance emergencies or contingencies, including deductibles on insurance policies maintained by the Association.

6.11.2. Replacement & Repair Reserves. The Association will maintain replacement and repair reserves at a level that anticipates the scheduled replacement or major repair of components of the Common Elements.

6.12. ASSOCIATION'S RIGHT TO BORROW MONEY. The Association is granted the right to borrow money, subject to the consent of Owners of at least a majority of the Units and the ability of the Association to repay the borrowed funds from Assessments. To assist its ability to borrow, the Association is granted the right te encumber, mortgage, pledge, or deed in trust any of its real or personal property, and the right to assign its right to future income, as security for money borrowed or debts incurred, provided that the rights of the lender in the pledged property are subordinate and inferior te the rights of the Owners hereunder.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 12 6.13. TRANSFER-RELATED FEES. A number of independent fees may be charged in relatyn te the transfer of title to a Unit, including but not limited to fees for resale ceruficates jpAcel certificates, copies of the Documents, compliance inspections, ownership record chang®

ed in relatyn te the transfer of title to a Unit, including but not limited to fees for resale ceruficates jpAcel certificates, copies of the Documents, compliance inspections, ownership record chang® Regular or Special Assessments. Transfer-related fees do not apply to the follawingansie unless a party to the transfer requests the corresponding documentation: (1) foreclospr tax lien, or the Association's Assessment lien; (2) transfer to, from, 9 voluntary wansfer by an Qwner to one ar more co-Owners, or to the Owner’ spouse d_omharent. Transferrelated fees may be charged by the Association or by the Associatipns 5 gikg agent, provided there is no duplication of fees. Transfer-related fees charged by or paidYos aging agent must have the prior written approval of the Association, are not subject YAssessment len, and are not payable by the Association. This Section does nat ob! we Board of the managing agent to levy transfor-related fees.

6.14. LIMITATIONS OF INTEREST. TheAssocta iF) attorneys, intend to conform strictly to the applic (3) anything to the contrary in the Documents soaiment or agreament executed or made in or ae connection with the Association's collection ts, the Association will not in any event be entitied to receive or collect, as ines umfofeater than the maximum amount permitted by fits officers, directors, managers, and po! the State of Texas. Notwithstanding t, applicable law. If from any circum < the Association ever receives, Collects, or apphes as interest a sum in excess of Bermitted by fav, the excess amount will be apphed to the reduction of unpaid S: Re r Assessments, or reimbursed to the Oumer if those Assessments are paid in full.

ARTICLE 7 ASSESSMENT LIEN ‘ PY. Each Owner, by accepting an interest in or title to a Unit, wheter

tion of unpaid S: Re r Assessments, or reimbursed to the Oumer if those Assessments are paid in full.

ARTICLE 7 ASSESSMENT LIEN ‘ PY. Each Owner, by accepting an interest in or title to a Unit, wheter or not it Is €o ex ed tn the instrument of conveyance, covenants and agrees to pay Assessments to the Associa ack Assessment is a charge on the Unit and is secured by a continuing lien on the Unit. 4 8 déach prospective Owner, is placed on notice that his title may be subject to the continutag h Assessments attributable to a period prior to the date he purchased his Unit.

7.2. “SUPERIORITY OF ASSESSMENT LIEN. The Assessment lien is supericr to ail other liens and encumbrances on a Unit, except only for (1) real property taxes and assessments levied by governmental and taxing authorites, (2) a deed of trust or vendor's lien recorded before this Declaration, (3) a recorded deed of trust lien securing a loan for construction of the original Unit, and (4) a first or senior purchase money vendor's lien or deed of trust hen recorded before the date on which the delinquent Assessment became due. The Assessment lien is superior to a lien for construction of improvements to the Unit, regardless of when recorded or perfected. It is also superior to any recorded assignment of the right to insurance proceeds on the Unit, unless the assignment is part of a superior deed of trust lien. The Assessment lien is subordinate and inferior to a recorded deed of trust fien that secures a first or senior purchase money mortgage.

7.3, £FFECT OF MORTGAGEE’S FORECLOSURE. Foreclosure of a superior lien extinguishes the Association's claim against the Unit for unpaid Assessments that became due before the sale, but does

mortgage.

7.3, £FFECT OF MORTGAGEE’S FORECLOSURE. Foreclosure of a superior lien extinguishes the Association's claim against the Unit for unpaid Assessments that became due before the sale, but does not extinguish the Association's claim against the former Owner. The purchaser at the foreclosure sale is fable for Assessments coming due from and after the date of the sale, and for the Owner's pro rata share of the pre-foreclosure deficiency as a common expense.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS .

0 SGA vat ce RUA RRR ee ee on oats amo Sn Wane BSE TTR OANA LITE LE apdean ahaa dapis ons eeae LABaS minty fete AE Sa ENA 74. NOTICE AND RELEASE OF NOTICE. The Association's len for Assessiness is created by recordation of Inis Ondaration, which constitutes record notice and perfection of the the recordation of a len or notice of ben is required. However, the Association, at its open a notice of the lien to be recorded in the county's Real Property Records. If the def notice has been recorded, the Assocation will record a release of the notice at Cung Caner. The Association may require cembursement of its costs of propam notke before granting the release.

7.5.

the POWER OF SALE, By acomptrng an interest in or tide Meer grants to Ube Association a private power of nanjudical sale in connection with the Assocation's Assessment lien.

The Board may appoint, from bare to love, ens person, including When agent, rustee, substitute trusted, of attorney, to bercise the Association's len nonton on behalf of the Association, including the power of sale. The appointment must be in writing and may be the form of a resolution recorded in the pules of a brord cuteong.

: Yes, ite Unofficial Copy

n on behalf of the Association, including the power of sale. The appointment must be in writing and may be the form of a resolution recorded in the pules of a brord cuteong.

: Yes, ite Unofficial Copy If you fall to pay Amasto boote if the Association fo EQEECIDISURI SELI foreclosure. A ornjodusul forec to the exercise of powers of Association has the c whent Ten 1gainst your Unit ur nonpudiciat collect cexoquentes colection pressar ARTICLE S EDFECT OF NONPAYMENT OF ASSESSMENTS trouve payment in full by the que iS DONG, ve, a responsible for taking action to Lents from lace to time the Ascanon may delegate some or all of the and lemodes, otro, Board at sole discretion deems appropriate, to the Association manager, saltorno a com Mother the Board nor the Association, rious fer, si able to an Chare on to persen for table of inability to collect or attempt to collect an Assessment. The flowing re malars are in andren to and not in substitution for all other rights and re nedees, whice the insotiation ha 5.2. INTERESI Demque & Assessments ere subject to interest from the due date unol paid, at a rate to be asteroined by the libant from time to time, not to exceed the lesser of 18 parcant per annum or the maximum permitted by fun. If the Board fails to establish a rate, the rate is 10 percent per annum...

8.2. LATE FEES. Delinquent Assessments are subject to reasonable late fees, at a rate to be determined by the Board from time to time.

8.3. COLLECTION EXPENSES. The Owner of a Unit against which Assessments are de is liable to the Association for reimbursement of reasonable costs incurred by the Association to c the delinquent Assessments, including attorneys fees and processing fees charged by the manage DECLARATION OF HOLLAND OAKS CONDOMINIUMS 1/27/04 pxd-1/28-04

nable costs incurred by the Association to c the delinquent Assessments, including attorneys fees and processing fees charged by the manage DECLARATION OF HOLLAND OAKS CONDOMINIUMS 1/27/04 pxd-1/28-04 018 00110 NE NT TT sais SAU iA SLE SAL ARAL AAP AT ANE SEs DN EARBCRUSGON Abie msepsttnplagnder ashe etoc ieee 8.4. ACCELERATION. If an Owner defaults in paying an Assassment that {5 payy instalinsents, the Association may accelerate the remaining instaiiments on 10 days’ woltgtne the defaulting Owner. The entire unpaid balance of the Assessment becomes due on fhe in the note.

8.5. SUSPENSION OF USE AND VOTE. If an Ovener’s account has bee at feast 30 days, the Association may suspend the right ef the Ovner and the Reside at's Unit to use Common Elements and common services during the period of delingu ‘ ude master metered or sub-metered utilities serving Ure Unit. The Associat ra Y pend an Owner or Resident’s right of access to the Unit. The Association may also sup a righTto vote appurtenant to the Unit during the period of delinquency. Suspension does no the Owner's obligation to pay Assessments.

B.6. ASSIGNMENT OF RENTS. Every Ovenec here nts to the Association a continuing assignment of rents to secure the payment of assessment @ Association. [If a Unit's account becomes detinquent during 3 period in which thenit Association may direct the tenant to deliver rent to the Association for applicatio i gives the Owner notice of the delinquency, a reason gpporunity to cure the debt, and notice of the Owner's sight to a hearing before the Board. We Aas: iON Must account for all monies recerved from a tenant and must remit to the Owner delivery of rent to the Assexiation lease with the Owner and does yetin excess of the past-due amount. A tenant’s

as: iON Must account for all monies recerved from a tenant and must remit to the Owner delivery of rent to the Assexiation lease with the Owner and does yetin excess of the past-due amount. A tenant’s hereby granted is not a breach of the tenant's 8.7. MONEY.

Owner delinquent in the for Assessments.

the ap a ts. The Association may refuse to accept partial payment, ie., less than ‘the full a t gue and payable. The Association may also refuse to accept payments to which the payer or directions contrary to the Association's policy for applying payments. The Association Sp may provide that endorsement and deposit of a payment does not constitute acceptance by the Association, and that acceptance accurs when the Association pasts the payment to the Unit’s account.

ARTICLE 9 MAINTENANCE AND REPAIR OBLIGATIONS 9.1. ASSOCIATION MAINTAINS. The Association's maintenance obligations will be discharged when and how the w the Board deems appropriate. The Association maintains, repairs, and replaces, as a common expense, all General and Limited Common Elements, including the exterior materiais of the buildings, including (if any) roof shingles and gutters, foundations, sealants and fillers, and exterior wail materials, such as brick veneer, stucco, or siding. The Association also maintains, as a common expense, any component of a Unit delegated to the Association by this Dectaration.

9.2. ANNUAL INSPECTION OF COMMON AREA. From the period commencing at the expiration of the Development Period until 10 years thereafter, at feast annually, the Association must examine the condition of the Common Elements to evaluate the quality, frequency, and adequacy of maintenance performed during the preceding year, and to recommend maintenance for the upcoming year. The

xamine the condition of the Common Elements to evaluate the quality, frequency, and adequacy of maintenance performed during the preceding year, and to recommend maintenance for the upcoming year. The DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 15 Cee bln cee trata tape antl STi i a ln aL RRS I a a A periment te Be te i E i ?

sepsis sndace eh cen tee ent : : : : : : | | : i | purpose, such as a professional property manager, an engineer, or professional contractg landscapers and brick masons. Within 15 days after performing the inspection, the ex the Association's operating budget and reserve accounts for maintenance, repair, af light of the expert's findings and recommendations. Any decision by the Board. toycduce Ar defer recommended maintenance should be made with an evaluation of the potentia meRcesfor future costs and deterioration. An expert's report is a record of the Associati at fs bie tOsOwners for inspection and copying.

9.3. QWNER RESPONSIBILITY. Every Owner has the follo res, ibilities and obligations for the maintenance, repair, and replacement of the Property: a. To maintain, repair, and repiace his Unit, excer components expressly assigned to the Association by this Declaration.

b. To iandscape and maintain any yh ag ant to his Unit and enclosed with a c. The routine cleaning of apy pal in a neat, clean, odorig é {! portions of the Property for which he is responsible ment vath the Association.

a. To maintain, repa under this Declaral wie for his own willful or negligent acts and those of his or the Resident's ’ agents, employees, or contractors when those acts necessitate , fepair, or replacement of Common Elements, the property of another Owner,

willful or negligent acts and those of his or the Resident's ’ agents, employees, or contractors when those acts necessitate , fepair, or replacement of Common Elements, the property of another Owner, ompanent of the Property for which the Association has maintenance or insurance ibility.

9.4. DISPUTES. If a dispute arises regarding the allocation of maintenance responsibilities by this Declaration, the dispute will be resolved by delegating responsibility to the individual Oviners. Unit maintenance responsibilities that are allocated to the Association are intended to be interpreted narrowly to limit and confine the scope of Association responsibility. It is the intent of this Article that all components and areas not expressly delegated to the Association are the responsibility of the individual Oveners.

9.5. SHEETROCK. Notwithstanding anything to the contrary in the Documents, the Association is not responsible for the repair and replacement of sheetrock in any Unit, or for any surface treatments on the sheetrock, regardless of the source of damage and the availability of insurance. This provision is provided for the benefit of the Association and is warranted by the difficulty of scheduling interior sheetrock work and the possibility that the Owner may not be satisfied with the quality or appearance of spot repairs. If the Association receives insurance proceeds for sheetrock damage to a Unit and chooses to not perform the repairs, the Owner of the damaged Unit is entitled to the proceeds in exchange for identification of the damage and a release from future claims for the same damage.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 16 rien imran ABA es HP Be z bee tre ee EME RTP a opens cme

or the same damage.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 16 rien imran ABA es HP Be z bee tre ee EME RTP a opens cme SISTER Ae ONEONTA NE eR SN TTS OAT CT ee BS eRe SRT NT Ee a ee PO Ee OT OT TE TEN CRT AER SINTER NRT ANE ANE OT SMT CRN NON MN PED RETEST ETAT NOREEN Leb PRG Nea ae 9.6. CONCRETE. Minar cracks in concrete, including foundations, garage floors, sid porches, and patio slabs, are inevitable as a resuit of the natural movement of soil (expansi contraction), shrinkage during the curing of the concrete, and settling of the building. Thad duty to maintain and repair foundations and other concrete or cementuous components ol ine does not extend to minor or cosmetic cracking. Generally, the Association is respansiQ the following conditions: (1) leakage or seepage through wails or flaers, Tacks masonry walls, or masonry veneer that exceed one-quarter inch in width, ‘ Q water from stoops and patios, and (4) pitting, scaling, or spalling of ceacrete 9.7. BALCONIES & DECKS. Except for routine cleaning, which | Oiyner’s responsibility pursuant to Section 9.3, the Association is responsible for the mal : 3 natios, balconies, and decks (if any) which are part of a Unit. if are most easily accessed through the Unit, the Owner wil components for the Association's agents and contractors.

will remove all personal property from the outside cop maintenance, repair, or replacement. The Qwneais liable incurred by the Association due to an Ovener’s GR for access or removal. This Section may not be expense, without right of reimbursement } replacing components of his Unit's Pat, Ico!

architectural control.

ested by the Association, the Owner his Unit to facilitate the required

Section may not be expense, without right of reimbursement } replacing components of his Unit's Pat, Ico!

architectural control.

ested by the Association, the Owner his Unit to facilitate the required iation for any additional expense 6 Cooperate with reasonable requests é prevent an Owner at the Owner's sole tation, from maintaining, repairing, and deck (if any), subject to the Association's ¢ ig the beneficiary of a warranty against defects of the 9.8. WARRANTY CLAIKY NapGoints the Association, acting through the Board, as his Common Elements, the Gyiner attorney-in-fact to file, negotiate ddminister, and distribute the proceeds of any claim against the warranty that pertain iemen 9.9. INTENANCE. If the Board determines that an Over has failed to properly dischaje on to maintain, repair, and replace items for which the Owner is responsible rd PRasaive the Owner written notice of the Association's intent to provide the necessa ainte Miwner's expense. The notice must state, with reasonable particularity, the mainte essary and @ reasonable period of time in which to complete the work. If the Owne to timely perform the maintenance, the Association may do so at Owner's bis ah Individual Assessment against the Owner and his Unit. In case of an emergency, however, (he.Boafd's responsibility to give the Owner written notice may be yveaived and the Board may take any action it deems necessary to protect persons or property, the cost of the action being the Owner's expense.

ARTICLE 10 ARCHITECTURAL COVENANTS ANO CONTROL 10.1. PURPOSE. Because the Units are part of a single, unified community, the Association has the right to regulate the exterior design, use, and appearance of the Units and Common Elements in

CONTROL 10.1. PURPOSE. Because the Units are part of a single, unified community, the Association has the right to regulate the exterior design, use, and appearance of the Units and Common Elements in order to preserve and enhance the Property's value and architectural harmony. One purpose of this Article is to promote and ensure the level of taste, design, quality, and harmony by which the Property is developed and maintained. Another purpose is to prevent improvements and modifications that may be widely considered to be radical, curious, odd, bizarre, or peculiar in comparison to then existing improvements. Also, to allow the Association to respond to changes in technology, style, and taste.

The Association, acting through the ACC, has the right to regulate every aspect of proposed or existing improvements on the Property, including replacements or modifications of original construction or installation.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 17 asec ete cane ne ne meen een MLR GaN Stet Na wT STE MO te Dedees bec el eet dey Soe SR TREE a i BEATE TY fa pa nin roe cone eet I a nc SAAR ESE WOR NIE NOIRE IEE SEER 5S BRATS IA RINE DS eS Redo gh ook ets 10.2. ARCHITECTURAL CONTROL COMMITTEE. The ACC consists of 3 persons appot Deciarant during the Gevelopment Period. After the Development Period, the ACC consists g appointed by the Board, pursuant to the Bylaws, or, at the Board’s option, the Board 3 ACC. if the Board acts as the ACC, all references in the Documents to the ACC are ¢ O my the Board. Members of the ACC need not be Owners of Residents.

i , 10.3. LIMITS ON LIABILITY. The ACC has sole discretion with resp and ail t

ACC, all references in the Documents to the ACC are ¢ O my the Board. Members of the ACC need not be Owners of Residents.

i , 10.3. LIMITS ON LIABILITY. The ACC has sole discretion with resp and ail t standards specified by this Article. The members of the ACC have abhi p decisions Qt responsible for: (1} ed to ¢ne ACC, (2) supervising , of (3) the compliance made in good faith, and which are not arbitrary of Capricious. iS errors in or omissions from the plans and specifications sub ( construction for the Owner's comphance with approved piens and $ of the Owner’s plans and specifications with city codes angyo: dt Bificati¢ PART OF THE PROPERTY, APPLY FOR THE ACC'S 6p 10.4. PROHIBITION OF CONSTR prior written approval, a person may COS co improvement, instailation, modificat) anything that affects the appearg ral integrity of the Property. The ACC has the nght struction and property use that may adversely affect 10.5. ACC APPRC submit 2 identical sets ¢ materiais, and locatyerrs ind specifications showing the nature, kind, shape, color, size, rk to be performed. The application must clearly identify any The ACC will retain the other set of pians and specifications, together : he Association’s files. Verbal approval by an Association director or officer, a membde XL, or the Association's manager does not constitute ACC approval, which must be in writing WC&-eppfoval of a modification or improvement may not be deemed to constitute a waiver of the AC ight to withhold approval of similar proposals, plans, or specifications that are subsequently submitted.

10.5.1, Deemed Approval. If the ACC fails to respond in writing -- negatively, affirmatively, or requesting information -- within 60 days after the ACC's actual! receipt of the

subsequently submitted.

10.5.1, Deemed Approval. If the ACC fails to respond in writing -- negatively, affirmatively, or requesting information -- within 60 days after the ACC's actual! receipt of the Owner's application, the Owner may submit a second request for processing of its original application. If the Board fails to respond within 45 days after the Board's actual receipt of the Owner's second request, the Owner’s application is deemed approved. The Owner may then proceed with the improvement, provided he adheres to the plans and specifications which accompanied his application, and provided he initiates and completes the improvement ina timely manner. In exercising deemed approvai, the burden is on the Owner to document the Board's actua! receipt of the Owner's initial application and second request.

10.5.2. Building Permit. If the application is for work that requires a building permit from the city, the Owner must obtain the appropriate permit. The ACC's approvai of plans and specifications does not mean that they comply with the city's requirements. Alternatively, approval by the city does not ensure ACC approval.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS .

bistae Se OMEN Soe eR eT ner ERD NERY Ste EM NET a ne eR ET TET RT TO TT NT AT A RI ORE NF RN NS I TARDE nA EE ‘ DECLARATION ‘OF HOLLAND OAKS CONDOMINIUMS 10.5.3. Wo Approval Required. No approval is required to rebuild a Unit in acca with originally approved plans and specfications. Mor is approval required for S ramodel or repaint the interior of a Unit, provided the work does not impa soundness af the building.

10.5.4. Beclarant Approved. Notwithstanding anything tp

cfications. Mor is approval required for S ramodel or repaint the interior of a Unit, provided the work does not impa soundness af the building.

10.5.4. Beclarant Approved. Notwithstanding anything tp Declaration, any improvement to the Property made by Declarant dunn is deemed to have been approved by the ACC.

10.6. CONTROL FOR VARIANCES. This Section of the Decip gy hot be amended wathout the approval of Owners of at least 75 percent of the Units RA sidering approval of an n Oymner of Gach Unit of the nature of the pplication. The ACC may approve the the proposed variance by petition Property's established standards, the ACC must notify proposed vanance at feast 20 days before the ACC approy: variance unless Owners of at least a majority of the Uns or at a meeting of the Association.

Ofage shed, basketball goal, treehouse, free standing cover, chimney, or skylight -- if any are visible fram ablished drainage patterns.

ARTICLE 21 USE RESTRICTIONS 11.1. VARIANCE. The use of the Property is subject to the restrictions contained in this Article, and subject to Rules adopted pursuant to this Article. The Board or the ACC, as the case may be, may grant a variance or waiver of a restriction or Rule on a case-by-case basis when unique circumstances dictate, and may limit or condition its grant. To be effective, a variance must be in wating. The grant of a variance does not effect a waiver or estoppel of the Association’s right to deny a variance in other circumstances.

11.2. ASSOCIATION'S RIGHT TO PROMULGATE RULES. The Association, acting through the Board, is granted the right to adopt, amend, repea!, and enforce reasonable Rules, and penalties for infractions thereof, regarding the occupancy, use, disposition, maintenance, appearance, and enjoyment of the Property.

Page 19

to adopt, amend, repea!, and enforce reasonable Rules, and penalties for infractions thereof, regarding the occupancy, use, disposition, maintenance, appearance, and enjoyment of the Property.

Page 19 Ho 2h Pee eA GOT TENS RNAI CORE é é f 2 ; Senet bagi ate aie HAAS ah INCHED NEN ete Sn ry A RA nA A PRT ORT ERY ta rae EL eH CInie ch See ey, Sale 1 se we el eck 11.3. RULES AND REGULATIONS. In addition to the restrictions contained in this Article ch Unit is ovmned and occupied subject to the right of the Board to establish Rules, and ‘or infractions thereof, governing: So setae nase REARS a OS Use of Common Blements.

Hazardous, illegal, or annoying materials or activites on the Prog The consumption of utifities bled to the Association.

The use, maintenance, and appearance of anything fr Elements, or other Units.

pon oe 3 & c & o ms, 2 8 > + & e o= rie a & 8 g >.

z z € sr] Po > we street, Common f. Landscaping and maintenance of yards.

g. The occupancy and leasing of Units.

h. Animals.

1, Vehicies.

j. Disposition of trash and control of vermin k Anything that interferes with maingesens | administration of the Documents, : 11.4. AGES OF RESIDENTS. No per 4 ge of 18 years may occupy a Unit unless he : guardian. Upon request by the AssaOat, o & must provide satisfactory proof of the ages and : £ : : es 11.5. ANIMALS. No anifp i h, reptile, or insect of any Kind may be kept, maintained, raised, or bred Sate RI on wi for food or for any commercia) purpose. Customary repeal Rules regulating th sizes, numbers, locations, and behavior of animals at the Property.

If the Rules fail to estabkis 5, one cat, may be mai sath Unit. Permission to maintain other types or additional numbers of

ating th sizes, numbers, locations, and behavior of animals at the Property.

If the Rules fail to estabkis 5, one cat, may be mai sath Unit. Permission to maintain other types or additional numbers of household pér p dined in writing from the Board. The Board may require or effect the VOLUME CONTROL Akthough music is a universal language, no one type or volume of music is universally loved ~ not even your favorite music, as wonderful as it is.

Please be mindful of your neighbors’ needs for quiet time at home.

) 11.6. ANNOYANCE, No Unit or Limited Common Element may be used in any way that: (1) may Property as a residential neighborhaod; (3) may endanger the health or safety of Residents of cther Units; (4) may result in the cancellation of insurance on any portion of the Property; (5) violates any iaw; or (6) creates noise or odor pollution. The Board has the sole authority to determine what constitutes an annoyance.

11.7. APPEARANCE. Both the exterior and interior of the Units must be maintained in a manner so as not to be unsightly when viewed from the street, Common Elements, or neighboring Units. The Board will be the arbitrator of acceptable appearance standards.

11.8. DECLARANT PRIVILEGES. In connection with the development and marketing of the Property, Declarant has reserved a number of rights and privileges to use the Property in ways that are DECLARATION OF HOLLAND OAKS CONDOMINIUMS eee a mos ae meena ET es eaters SORE CaaS Rc agers neem nee oe : eee . Send sc: “3 Beattie oP es : 2 £iatasatpgoncancniedgeia ape ieirerat ting neo

eee a mos ae meena ET es eaters SORE CaaS Rc agers neem nee oe : eee . Send sc: “3 Beattie oP es : 2 £iatasatpgoncancniedgeia ape ieirerat ting neo not available to ather Owners and Residents, as provided in Appendix B of this Declaration.

exercise of a Development Period aght that appears to violate a Rule or a Use Restriction g does not constitute waiver or abandonment of the restnction by the Association.

11.9. DRAINAGE. No person may interfere with the established drainage of the Property unless an adequate alternative provision for proper drainage ha Board.

by the Association or by public officiats.

$1.12. GARAGES. The origina! garage Grea to be kept closed at all times except sghen 11.13. LANOSCAPING. N i wpetorm landscaping, planting, or gardening anywhere P 3 ced er enclosed Limited Common Elements, without the 11.14, NOISE &O to be made loud, disturb Residents of neighbgang and items in the PIR ; NOT SOUNDPROOFED aith6ugh the Units are constructed to reduce the transmission of found between adjoining Units, the Units are not soundproofed.

Some noise transmission between adjoining Units is possible.

ectonable noises or noxious odars that are likely to disturb or annoy he Rules may limit, discourage, or prohibit noise-producing activities 11.15. OCCUPANCY. The Board may adopt Rules regarding the occupancy of Units. If the Rules fail to establish occupancy standards, no more than 2 persons per bedroom may occupy a Unit, subject to the exception for familial status. The Association's occupancy standard for Residents who qualify for familial status protection under the fair housing laws may not be more restrictive than the minimum

he exception for familial status. The Association's occupancy standard for Residents who qualify for familial status protection under the fair housing laws may not be more restrictive than the minimum fie, the fewest people per Unit) permitted by the U. S. Department of Housing and Urban Development. A person may not occupy a Unit if the person constitutes a direct threat to the heaith or safety of other persons, or if the person’s occupancy would result in substantial physical damage te the.

property of others. nt We 11.16. RESIDENTIAL USE. The use of a Unit is limited exclusively to residential purposes or any .

other use permitted by this Declaration. This residential restriction does not, however, prohibit a.

Resident from using the Unit for personal business or professional pursuits provided that: (1) the uses are incidental te the use of the Unit as a dwelling; (2) the uses conform to applicable governmental ordinances; (3) there is no external evidence of the uses; (4) the uses do not entail visits to the Unit by employees or the public; and (5) the uses do not interfere with Residents’ use and enjoyment of neighboring Units. Other than the air conditioned part of a Unit, no thing or structure on the Prop DECLARATION OF HOLLAND OAKS CONDOMINIUMS SFL A A A A - son one _ easter < s alndacconenmebeSehanesendiidisinnncn cota fe may be occupied as a residence at any time by any person. This provision applies, without fi tion, ta the garage and campers.

The Board may, bul is not required to, authorize a sign, and such authoriz location, nature, dimensions, number, and time period ef a sign, This prohy applies to any object visible from a street or driveway which the Board

not required to, authorize a sign, and such authoriz location, nature, dimensions, number, and time period ef a sign, This prohy applies to any object visible from a street or driveway which the Board soundness of integaty of a building or ne an easement or rea! property night.

Swi avoid doing or permitting anything to be wisiOn, radio, telephonic, electronic, microwave, the prior written consent of the ACC, no person 11.20. TELEVISION. Each Resident of 3) multipoint distribution service (IMDS) antennas that are permitted types hereafter referred to collectively as the bject to the following provisions.

jor As used in this Section “Antenna/Dish Unit" means the Unit ish or antenna, or the Unit that is obviously intended to be served by a na, regardless of whether the service is operational. “Antenna/ Dish > Owner of a Unit served by a satellite dish or antenna, regardless of whether 6.2. Satellite Divot. The Property is designed for each Unit to have one rooftop divot for installation of one Anterina/Dish. Each Owner may use the divot for its intended purpose and for no other purpose.

11.20.3. Cable Conduit. The Property is designed with a conduit for use with cable television lines. Each Owner may use the conduit for its intended purpose and for no other purpose. The draping of cable wires on the exteriors of buildings, or the installation of additiona!

conduits are prohibited without the ACC's prior written consent.

11.20.4. Prohibited Act. Other than the proper use of the satellite divot and the cabie conduit, any other installation pertaining to an Antenna/Dish is prohibited without the prior written consent of the ACC.

11.20.5. Oviner Responsibility. The installation of an Antenna/Dish on Common Elements

any other installation pertaining to an Antenna/Dish is prohibited without the prior written consent of the ACC.

11.20.5. Oviner Responsibility. The installation of an Antenna/Dish on Common Elements automatically subjects the Antenna/Dish Unit and its Owner to this Section, regardless cf who instalis the Antenna/Dish and regardless of whether the Antenna/Dish Owner has actual notice of the installation. The Antenna/Dish Gwner is solely responsible for (1) the cost of maintaining, repairing, replacing, and removing, as necessary, the Antenna/Dish, and (2) the cost of repairing DECLARATION OF HOLLAND OAKS CONDOMINIUMS Fage 22 i 5 i g, { b i q SIS IEEE GE ENERO RT EAE SERA Pilar rR nt Reese Stour gf an Anternna/Dish on the Common Elements 5 e the prior written approval of the Association, uniess the location and installation corn this Deciaration and the most current Toe standards that have been adopted and pub se of an Antenna/Dish may not interfere ; on the Common Elements exists at the sole risk of the Axtefina/Dish Unit. The Association does not insure the é Antenna/Dish Owner or any other person for any loss or aipany cause. The Antenna/Dish Owner will defend and indemnify \ officers, and Members, individually and collectively, against losses damages o7 lawsuits, by anyone, arising from his Antenna/Dish.

Yes, there are lots of Rules!

EVERY RESIDENT OF HOLLAND OAKS IS EXPECTED TO COMPLY WITH THESE RULES AND WITH RULES ADOPTED BY THE BOARD OF GIRECTORS.

11.21. VEHICLES. Ail vehicles on the Property, whether avined or operated by the Residents or

T OF HOLLAND OAKS IS EXPECTED TO COMPLY WITH THESE RULES AND WITH RULES ADOPTED BY THE BOARD OF GIRECTORS.

11.21. VEHICLES. Ail vehicles on the Property, whether avined or operated by the Residents or their families and guests, are subject to this Section and any Rules regulating the types, sizes, numbers, conditions, uses, appearances, and locations of vehicles on the Property. The Board may prohibit any vehicie which the Board deems to be a nuisance, unsightly, or inappropriate. The Board may prohibit sales, storage, washing, repairs, or restorations of vehicles on the Property. Vehicles that transport inflammatory or explosive cargo are prohibited from the Property at all times. No vehicle may obstruct the flow of traffic, constitute a nuisance, or othenvise create a safety hazard on the Property. The Association may effect the removal of any vehicle in violation of this Section or the Rules without liability to the owner or operator of the vehicle.

11.22. WINDOW TREATMENTS. All window treatments within the Unit, that are visible from the street or another Unit, must be maintained in good condition and must not detract from the appearance of the Property. The ACC may require an Owner to change or remove a window treatment that the ACC determines to be inappropriate or unattractive. The ACC may prohibit the use of certain coiors or materials for window treatments.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 23 fm ie iment ae ney bratetetee ae ane mare rere — ee nee pen pe en te pg 2 Laeger nent a UnRY monet Nye Seo Liner tain ae Prien pen BN la AS nga nn saggban nested ieaAantan NACE NBIC DRY COiryoylaa AES set ABR ESS NEB EARLE FRR ia i ORE tN SEN cle ante Ne eS aaa to y 3 : . dtestes :

ent a UnRY monet Nye Seo Liner tain ae Prien pen BN la AS nga nn saggban nested ieaAantan NACE NBIC DRY COiryoylaa AES set ABR ESS NEB EARLE FRR ia i ORE tN SEN cle ante Ne eS aaa to y 3 : . dtestes : Bobet tire net acon ae me : El cow ocmnmarranacsstla lL nmmnstenreditale ante larelinsug Ne gti SoeeRenyaace ARTICLE 12 WNIT LEASING 12.1. LEASE CONDITIONS. The leasing of Units is subject to the follovang 96 Unit may be rented for transient of hotel purposes ar for a period less than 30 day< be subdivided for rent purposes, and mot fess than an entre Unit may be leased z be in writing and must be made subject to the Docurnents; (4) an Owner is providing his tenant with copies of the Documents and nobfying him of changes tenant is subject to and must comply with all provisions of the Document: a ake laws, and local ordinances.

12.2. OWNER OCCUPANCY. For purposes of this Ariicie, a 5 if at feast one Resident of an occupied Unit is an Owner Qf Me Uni felated by blood, marriage, or adoption to an Owner of the Unit, or if the Uni is vacant - ept that a Unit being offered for lease may not be considered “owner occupied” even though Mo! en-vacant or then-occupied by an Quwner. In calculating occupancy, Units are counted fafigtmhyreg rdless of size.

12.3. EVICTION OF TENANTS. Every leag pent on a Unit, whether written or oral, express cr implied, is subject to and is dee itt the following provisions: Failure by the tenant o7 his invitees to comply Nat is repeated, and if the Ovener is unable, unwilling, or > compliance, then the Association has the power and right to provide é Association gives the Owner at least 10 days’ notice, by certified mail, of its sntent to so enforce the Documents.

12.3.3. Association Not Liable for Damages. The Gvner of a leased Unit is liable to the

ociation gives the Owner at least 10 days’ notice, by certified mail, of its sntent to so enforce the Documents.

12.3.3. Association Not Liable for Damages. The Gvner of a leased Unit is liable to the Association for any expenses incurred by the Association in connection with enforcement of the Documents against his tenant. The Association is not fiable to the Owner for any damages, including fost rents, suffered by the Owner in relation to the Association's enforcement of the Documents against the Owner's tenant.

12.4. RESTRICTIONS QN LEASING. Leasing of Units is regulated by this Section and Articie to protect the Owners’ equity in the Property, to preserve the character of the Property as a residential community of predominantly owner-occupied Units, to prevent the Property from assuming the character of a renter-occupied apartment complex, and to comply with eligibility requirements of Underwriting Lenders for mortgage financing.

12.4.1. Board Determination. Any Owner or prospective Owner who intends for his Unit to be occupied by Residents who are not Owners must request from the Board a statement of the number of owner-occupied Units. If the Board dees not respond to an orat request, the Owner DECLARATION OF HOLLAND OAKS CONDOMINIUMS , Page 24 en re oe te Ca Inge ee + prarhinse aimaE alah tah A ATR EI A ee etnsincnateersmsoveree jee ie d ) : lien or by deed in tieu of foreciosure of its lie Development Period, Declarant is exempt from the effect of this Article.

may submit the request in veriting. If the Board does not respond to the written request stathin 10 days after receipt of same, the Owner may assume that at feast 80 percent of

effect of this Article.

may submit the request in veriting. If the Board does not respond to the written request stathin 10 days after receipt of same, the Owner may assume that at feast 80 percent of owner-occupied unless the Owner has actual knowledge of the owner occupanc 12.4.2. Notice Only. Hat least 80 percent of the Units are owner-o a lease originates or renews, the Unit may be feased without oblaining-the Bod : However, the Caner of the leased Unit must give the Board written not FereN gr renewal, CONTACT BOARD BEFORE LEAS This Declaration has unusual restrictions o1 % 8D percent of the Units are ovwner12.4.3. Board Approval Required. If fewe gust have the prior written approval occupied at the ume a lease originates or renev of the Board. Under the following circy, rd may approve an Owner's apohication to $ of time if the Unit was occupied for at least p/Unit, and if, according to the Board's calculations, athe Property that are owner-occupied would not be the subject Unit were renter-occupied.

é ing the debt against the Unit; (2) the Unit ts being administered by the deceased Owner’s estate; (3) the Owner temporarily relocates and intends to return to occupy the Unit; (4) the Unit is to be Jeased to a member of the Owner's extended family. The Oviner’s application must state why this prohibition against leasing would result in undue hardship to the Owner, and describe the circumstances necessitating the leasing.

Gs Application and Approval. The Board may allow reasonable leasing of a Unit on written application by an Owner who demonstrates, to the Board's satisfaction, that one of the 2 above exceptions applies. Approval by the Board must be in viriting, and may not be deemed from lack of a response. The Board's approval

ho demonstrates, to the Board's satisfaction, that one of the 2 above exceptions applies. Approval by the Board must be in viriting, and may not be deemed from lack of a response. The Board's approval may be limited to a stated period of time which, if not stated, is deemed to be one year from the date written approval is granted. On expiration of that period, the Ovener must apply anew for Board approval. The Board's approval is not self-renewing.

d. Violation of Prohibition. A lease or tease renewal made without written approval of the Board is voidable by the Board. The Board has the power to make and enforce reasonable rules and fines relating to enforcement of this Section.

12.5. EXEMPTIONS. A Mortgagee that acquires title to a Unit by foreclosure of its deed of trust n is exempt from the effect of this Article. During the DECLARATION OF HOLLAND OAKS CONDOMINIUMS > 3 € sagen ity mene z BIEN MERE ARTICLE 13 ASSOCIATION OPERATIONS 13.1. THE A ATION. The duties and powers of the Association are thowe th id the Documents, together vith the general and implied powers of a condominium associ corporation organized under the laws of the State of Texas. Generally, the Asse all things that are lawful and necessary, proper, or desirable in operating fort th : comfort, and general benefit of its Members, aubjeet only to the hariitatiatts on th Of such powers as The Association will continue to exist at least as long as the Declar regardless of whether its corporate charter lapses from time to ty STEELY SS a MANDATORY AMBRE 13.2. BOARD. The Association will be Xe d of Directors elected by the Members.

Uniess the Association's Bylaws or Anicles of Inca ‘ovide othenwise, the Board will consist of

TEELY SS a MANDATORY AMBRE 13.2. BOARD. The Association will be Xe d of Directors elected by the Members.

Uniess the Association's Bylaws or Anicles of Inca ‘ovide othenwise, the Board will consist of Association, or at a special meeting called for reserve a right, action, or decision to the Board acts in ail instances on behalf of the te, references in the Documents to the “Association” ing through its Board of Directors.”

Members/Owners, Declarant, or poping Association. Uniess the contex May be construed to mean “¢ R a Member of the Association, ownership of a Unit being the @émbership is appurtenant to and may not be separated from ownership of the Unit. | ray require sausfactory evidence of transfer of ovenership before a purported Owner isp fe at meetings of the Association. If a Unit is owned Dy more than one person ¢ of ent cO-Owner is a Member of the Association and may exercise the membership rights a _ A Member who selis his Unit under a contract for deed may delegate 13.3. MEMBERSHIP.

sole qualification for men his members 9 the contract purchaser, provided a written assignment is delivered to the Board gitract seller remains liabse for ali Assessments attributable to his Unit until fee title fo a asferred. Unless the Documents provide otherwise, any action requiring approval of the Mémbé yay be approved in writing by Owners of at least a majority of ali Units, or at a meeting by Ovriférs of at least a majority of the Units that are represented at the meeting.

13.4. MANAGER. The Board may delegate the performance of certain functions to one or more managers of managing agents of the Association. To assist the Board in determining whether to delegate a function, a Guide to Association's Major Management & Governance Functions is attached

or more managers of managing agents of the Association. To assist the Board in determining whether to delegate a function, a Guide to Association's Major Management & Governance Functions is attached to this Deciaration as Appendix E. The Guide lists several of the major management and governance functions of a typical residential development with a mandatory owners association. The Guide, however, may not be construed to create tegal duties for the Asseciation and its officers, directors, members, ernployees, and agents that are not justified by the needs of the Association. Rather, the Guide is intended as a tool or an initial checklist for the Board to use periodically vehen considering a delegation of its functions. As a fist of functions that owners associations commonly delegate to a manager, the Guide should not be considered as a complete list of the Board's duties, responsibilities, or functions. Notwithstanding any delegation of its functions, the Board is ultimately responsible to the Members for governance of the Association.

13.5. BOOKS & RECORDS. The Association will maintain copies of the Documents and the Association's books, records, and financial statements. Books and records of the Association will be DECLARATION OF HOLLAND OAKS CONDOMINIUMS - Page 26 emenereane fas woman hea oS Oe ae ae wo gk te rok 8 pele: ttaapentinannanten ort MASSER SRDS EE aS RN RD ssenseeumseusseoenisumeie rata Snead nto neces inannornaasteraniat ie usnatbe wl made available for inspection and copying pursuant to the requirernents of applicable law, suc Texas Nonprofit Corporation Act.

to which present or farmer Leaders may be entitled. As a com

usnatbe wl made available for inspection and copying pursuant to the requirernents of applicable law, suc Texas Nonprofit Corporation Act.

to which present or farmer Leaders may be entitled. As a com maintain general liability and directors and officers fabiiity insura 13.7. OBLIGATIONS OF OWNERS. Without limi the obligations of Owners under the Documents, each Ovener has the following obbgations: 13.7.4. Information. Within 30 at after the Owner has notice of a change ingmi request by the Association from time to § yieh required by this Subsection, and on yer will provide the Association with the ‘ by which Owner has title to the Unit; (2) 'Micense number, if any; (3) any Mortgagee’s name, address, and loan num ame and phone number of any Resident other than the Owner; and (5) the ngme i Ind-fhone number of Owner’s managing agent, if any.

ach Owner will pay Assessments properly levied by the 13.7.2. Pay Asse y nit, and vill pay Reguiar Assessments without demand by Association against the the Association.

| misconduct of the Owner, a Resident of the Owner's Unit, or the Owner or ly, guests, employees, contractors, agents, or invitees.

$3-7.5. Liability. Each Qwner is liable to the Association for violations of the Documents by the Owner, a Resident of the Owner's Unit, or the Owner or Resident's family, guests, employees, agents, of invitees, and for costs incurred by the Association te obtain compliance, including attorney's fees whether or not suit is filed.

ARTICLE 14 ENFORCING THE DOCUMENTS 14.1. NOTICE AND HEARING. Before levying a fine for viotation of the Documents (other than nonpayment of Assessments), or before levying an Individual Assessment for property damage, the

THE DOCUMENTS 14.1. NOTICE AND HEARING. Before levying a fine for viotation of the Documents (other than nonpayment of Assessments), or before levying an Individual Assessment for property damage, the Association will give the Owner written notice of the levy and an opportunity to be heard, to the extent required by applicable law. The Association's written notice must contain a description of the viclation or property damage; the amount of the proposed fine or damage charge; a statement that not later than the 30th day after the date of the notice, the Owner may request a hearing before the Board to contest the fine or charge; and a stated date by which the Owner may cure the violation to avaid the fine -- unless the Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding 12 months. The Association may also give a copy of the notice to the Resident. Pending the hearing, the Association may continue to exercise its other rights and remedies for the violation, DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 27 mo18 00123 ecmonamnee nei ipa age oye RE CADE AT PISA Ce ABEL SLID ASE RETESET PS MEI RAB eh ets baer vate nya anchindinp ens onceanterbisnt a bS0D ot another person or written communication. The Board may adopt additional or alternat pene vent ate | 14.2.4. Nuisance. The result of every act or omssit Documents is a nuisance, and any remedy allowed private, ts applicable against the violation.

E 14.2.2. fine. The Association may Assessment, against an Owner and his Unipa family, quests, employees, agents, or cont ath c be levied for each act of violation or for eac ; : { 14.2.3. Suspension AWVO”s to use Common Elements é violate the Documents.

obtigations under the

pa family, quests, employees, agents, or cont ath c be levied for each act of violation or for eac ; : { 14.2.3. Suspension AWVO”s to use Common Elements é violate the Documents.

obtigations under the f he’Association has the nght to enter a Common Element or Unit to abate or remov s as may seasonably be necessary, any sign, erection, thing, animal, P that violates the Documents. In exercising this right, the Board is ot liable for damages related to the abatement. The Board may levy its tentent Waainst the Unit and Owner as an Individual Assessment. Unless an sion exists in the good faith opinion of the Board, the Board will give the violating ; er grants to the Association all powers and rights necessary to exercise this right of senelp“4s to property used or owned by the Owner or a Resident of the Unit, and their respective invitees. Accordingly, this Subsection constitutes an Owner's actual written consent if any is required by applicable law.

14.2.5. Suit. Failure to comply with the Gocuments will be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. Prior to commencing any legal proceeding, the Association will give the defaulting party reasonable notice and an opportunity to cure the violation.

14.3. BOARD DISCRETION. The Beard may use its sole discretion in determining whether to pursue a violation of the Documents, provided the Board does not act in an arbitrary or capricious manner. In evaluating a particular violation, the Board may determine that under the particular circumstances (1) the Association's position is not sufficiently strong to justify taking any or further

manner. In evaluating a particular violation, the Board may determine that under the particular circumstances (1) the Association's position is not sufficiently strong to justify taking any or further action; (2) the provision being enforced is or may be construed as inconsistent with applicable taw; (3) although a technica! violation may exist, itis not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or (4) that enforcement is not in the Association's best interests, based on hardship, expense, or other reasonable criteria.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS ~ Page 28 : : | | : : : { : | 2 Te ene ar rn ape pera ENO AE ERT LAE ASM Op PGE SARE MEREIE BERER TT ee NT LE ERTS NT ee a ina rin SE NATE ap AN RET aT HR A SRA EA ALLEN RENN Sima E pee Ses 14.4. NO WAIVER. The Asscxiation and every Owner has the right to enforce all restr conditions, covenants, liens, and charges now or hereafter imposed by the Documents. Fi Association or by any Owner to enforce a provision of the Documants is not a waiver of th the Association's right to enforce any other part of the Documents at any future director, or member of the Association js liable to any Owner for the failure Documents at any time.

Owner or other person responsible for the violation. If legal 4 Oprained to enforce any or for the enforcement of the Documents or the restraint of xiolauon’s ot Dgcuments, the prevailing party is entitled to recover from the nonprevailing party all onable and essary costs incurred by it in such action, including reasonable attorneys’ fees.

nt of xiolauon’s ot Dgcuments, the prevailing party is entitled to recover from the nonprevailing party all onable and essary costs incurred by it in such action, including reasonable attorneys’ fees.

‘ements of mortgage undenwriters are subject to change, 25 are State-promulga ulations and pohcies, this Article tries to balance the need for certain minimum insury ements with the desire to adapt to a periodically changing ingurance environment. The Bcad aké every reasonable effort to comply with the requirements of this Articie.

A5.1.1.

not be liable f¢ aottain any coverage required by this Article or for any loss or damage re if the failure is due to the unavailability of a particular coverage from panes, or if the coverage is available onty at demonstrably unreasonable No Coverage. Even if the Association and the Owner have adequate amounts of rec: ded and required coverages, the Property may experience a loss that is not covered by insurance. In that event, the Association is responsible for restoring the Common Elements as a common expense, and the Owner is responsible for restoring his Unit at his sole expense.

This provision does not apply to the deductible portion of a policy.

15.1.3. Requirements. The cost of insurance coverages and bonds maintained by the Association is a common expense. Insurance policies and bonds obtained and maintained by the Association must be issued by responsible insurance companies authorized to do business in the State of Texas. The Association must be the named insured on ali policies obtained by the Association. The Association's policies should contain the standard mortgage clause naming either the Mortgagee or its servicer followed by “its successors and assigns." The loss payee clause

d by the Association. The Association's policies should contain the standard mortgage clause naming either the Mortgagee or its servicer followed by “its successors and assigns." The loss payee clause should show the Association as trustee for each Owner and Mortgagee. Policies of property and generai liability insurance maintained by the Association must provide that the insurer waives its rights to subrogation under the policy against an Owner. The Association's insurance policies will not be prejudiced by the act or omission of any Owner or Resident who is not under the Association's control.

DECLARATION OF HOLLAND CAKS CONDOMINIUMS Page 29 a cane niemalsinpn(tenet sperenyeentepranmnaee = oe “ac menoenreniantabde ei?

str semetiacensl phir pea ef SieSS BLA CAG RGB AIR at isl Gt Aisaldcatthnarhmeoipnenmitiewtsteosccierwnwes ee lesae on any Claim against an insurance policy maintained by the Astociation.

15.1.5. Notice of Cancellation or Modification. Each insurance poli ( Association should contain a provision requinng the insurer to give p, éiice, as materially Mortgagees, and the insurer wall give lo Mortgagees, prior expiration, or material modification.

15.1.6. Oeductidbies. An insurance policy obtained’y reasonable deductible, and the amount thereof mafnoi be sub the policy in determining whether the policy limits Declaration or an Underwriting Lender. In the evp ociation may contain a from the face amount of pAnner as the insurance premium.

J the result of the negligence or willful hen the Board may levy an Indevdual given notice and an opportunity to be heard in of this Declaration.

jation will obtain blanket all-risk insurance, if reasonably

result of the negligence or willful hen the Board may levy an Indevdual given notice and an opportunity to be heard in of this Declaration.

jation will obtain blanket all-risk insurance, if reasonably the Asseciation. If blanket all-risk insurance 1s not mmon Property Insured. The Association wil insure (1} General Common Limited Common Elements; and (3) property owned by the Association including, , furniture, fixtures, equipment, and suppies.

15.2.2. Units Insured by Association. In addition to insuring the Common Elements against casualty loss, the Association vail maintain property insurance on the Units as originally constructed. The Association may insure betterments and improvements installed by current or previsus Owners. In insuring Units, the Association may be guided by types of policies customarily available for similar types of properties.

15.2.3. Endorsements. To the extent reasonably available, the Association will obtain endorsements to its property insurance policy if required hy an Underwriting Lender, such as Inflation Guard Endorsement, Building Ordinance or Law Endorsement, and a Special Condominium Endorsement.

15.3. LIABILITY INSURANCE. The Association will maintain a commercial general liability insurance policy over the Common Elements -- expressly excluding the liability of each Owner and Resident within his Unit -- for bodily injury and property damage resulting from the operation, maintenance, or use of the Common Elements. The amount of coverage should be at least that required by an Undenvriting Lender, to the extent reasonably available. The purpose of this requirement is, in part, to assure mortgage companies that the Association maintains at least minimum DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 30

extent reasonably available. The purpose of this requirement is, in part, to assure mortgage companies that the Association maintains at least minimum DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 30 etched Fae hcett ASL REA RIERA BIR SERGE be tes BEI _ see eR PIERRE SEQ RLA Reinet padiion Coane eats 15.4. YORKER'S COMPENSATION. The Associabon may maintain ARP insurance if and to the extent necessary to meet the requirements of Stat chooses.

15.5. FIDELITY COVERAGE. The Association may ainta the estimated maximum funds, including reserve funds, (hs time the policy is in force; or (2) an amount equal to 3 A management agent that handles Assocation funds policy with the same coverages. {f the Property's 15.6. DIRECTORS AND OFFICERS LIABIATA. BP officers liability insurance, errors ang’>m 5 rafce, indemnity bonds, or other insurance the directors, officers, committee members, and Ore carrying cut their duties in those capacities.

15.8. OTHER Association may maintain any insurance policies and bonds deemed of desirable for the benefit of the Association.

ESPONSIBILITY FOR INSURANCE.

Insurance by Owners. Notwithstanding the foregoing, the Board may establish rance requirements, including types and minimum amounts of coverage, to be individual? obtained and maintained by Owners if the insurance is deemed necessary oF desirable by the Board to reduce potential nsks to the Association or other Owners. If an Owner fails to maintain required insurance, the Board may obtain it on behalf of the Owner who will be obligated for the cost as an Individual Assessment.

15.9.2. Owners’ Responsibilities. On request, an Owner will give the Board written

rance, the Board may obtain it on behalf of the Owner who will be obligated for the cost as an Individual Assessment.

15.9.2. Owners’ Responsibilities. On request, an Owner will give the Board written notification of any and ali structural changes, additions, betterments, or improvements to his Unit, and any other information the Board may require to maintain adequate levels of insurance coverage. Each Owner will comply with reasonable requests by the Board for periodic inspection of the Unit for purposes of insurance appraisal. Each Owner, at his expense, will maintain any insurance coverages required of Owners by the Association pursuant to this Article. Each Owner, at his expense, may obtain additional insurance coverage of his real property, improvements, and betterments thereto, or persona! property.

15.9.3. Association Does Not Insure. The Association does not insure en Oviner or Resident's personal property. Each Owner and Resident is solely responsible for insuring his personal property in his Unit and on the Property, including furnishings, vehicles, and stored DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 31 ERE R OT RE TE : naps no Set nema onstage PA ERR ENTE : - cpagpeecneeas a SOTA i Ng CR Alam Ga ese vert nin inne uy ete ne, ES So items. The Assocation strongly recommends that each Owner and Resident ourch: snd maintain insurance on his personal belongings.

ARTICLE 16 RECONSTRUCTION OR REPAIR AFTER LOSS 16.1. SUBJECT TQ ACT. The Association's response to damage or das iO Property vall be governed by Section 82.111{i) of the Act. The following proys appr exbfnt the Act is stent.

16.2. RESTORATION FUNDS. For purposes of this Article, f ign Funds include insurance

das iO Property vall be governed by Section 82.111{i) of the Act. The following proys appr exbfnt the Act is stent.

16.2. RESTORATION FUNDS. For purposes of this Article, f ign Funds include insurance proceeds, condemnation awards, Deficrency Assessmentgyw 2 received on account of er arising cut of injury or damay Association for purposes of repair or restoration will be 16.2.1. Sufficient Proceeds. If condemnation awards are sufficent to Association, as trustee for the QMpers Restoration Funds ave not sufficient to pay the estimated or actual costs Rey 2 as determined by the Board, the Board may levy a Deficency Assessment again& the Owners to fund the difference.

16.2.3. a5 If the Association has 2 surplus of Restoration Funds after payment of all costs Air and restoration, the surplus will be applied as follows. If Deficiency ASSESSMENtsS wetea é aifing from the Deficiency Assessment levied against them; provided that ’ sum greater than that actually contributed by him, and further provided Assessments owed by the Owner to the Association will first be deducted from girpius remaining after the disbursement described in the foregoing paragraph funds of the Association to be used as directed by the Board.

S ANG PLANS.

16.3.1. Cost Estimates. Promptly after the joss, the Board will obtain reilable and detailed estimates of the cost of restoring the damaged Property. Costs may include premiums for bonds and fees for the services of professionals, as the Board deems necessary, to assist in estimating and supervising the repair.

16.3.2. Plans and Specifications. Common Elements will be repaired and restored substantially as they existed immediately prior to the damage or destruction. Units will be

and supervising the repair.

16.3.2. Plans and Specifications. Common Elements will be repaired and restored substantially as they existed immediately prior to the damage or destruction. Units will be repaired and restored substantially in accordance with original construction plans and specifications, unless the Association insures betterments and improvements made by Owners, in which case the Units will be repaired and restored substantially as they existed immediately pricr to the damage or destruction. Alternate plans and specifications for repair and restoration of either Common Elements or Units must be approved by Owners of at least two-thirds of the Units and by certain Mortgagees if so required by the Mortgagee Protection article of this Declaration.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 32 el adie ta chet nina geht e OS ERANS RENEE LAELIA TSE PE IIIS BOP OM SAK ile a Ran sansrataliee ds nck i iniheaaMyen OM | | : i : ' j | : 7 | RCS Ae IS TREO SEAGER ELE LEAR SIENNA Ht ica os Rann benign ina iow 16.4. OWNER'S DUTY TQ REPAIR.

16.4.1. Uninsured Loss. Within 60 days after the date of damage, the repair or reconstruction of any portion of his Unit not covered by the Asa THe DOCK s viadig PPDPOYE 16.4.2. Insured Loss. If the toss to a Unit is covered Byythe afi insurance policy, the Owner will begin repair or restoration of damage gf the ipsurance proceeds 16.4.3. Failure to Repair. If an Owner fail this Section, the Associabon may effect the necessa against the Gener and Unit for the cost thereof, afte Assoxration's intent to do $9. © pair or restore damage as required by epaKs and levy an Individual Assessment R @ Owner reasonable notice of the

against the Gener and Unit for the cost thereof, afte Assoxration's intent to do $9. © pair or restore damage as required by epaKs and levy an Individual Assessment R @ Owner reasonable notice of the NCTIBLE. if repair or restoration of Common 16.5. Q\YNER‘S LIABILITY FOR INS a Elements or Units is required as a result Of-ar sydd loss, the Board may levy an Individual responsible for the cost of the repaids uctidn in the absence of insurance.

(4 TICLE 17 TERM ON AND CONDEMNATION 7 17.1. ASSOCIATION AS . Each Owner hereby irrevocably appoints the Association, acting through its Board, de to deal with the Property in the event of damage, destruction, obsolescence, condgerma ey Jermination of all or any part of the Property. As trustee, the of the Property will be governed by Section 82.068 of the Act, subject to the following provisions. In the event of substantially total damage, destruction, or public condemnation of the Property, an amendment to terminate must be approved by Owners of at least 67 percent of the Units and by certain Mostgagees pussuant to the Mortgagee Protection article of this Declaration. In the event of condemnation of the entire Property, an amendment to terminate may be executed by the Board without a vote of Owners or Mortgagees. In all other circumstances, an amendment to terminate must be approved by Owners of at least 80 percent of the Units and by certain Mortgagees pursuant to the Mortgagee Protection article of this Declaration.

17.3. CONDEMNATION. The Association's response to condemnation of any part of the Property will be governed by Section 82.007 of the Act. On behalf of Gwners, but without their consent, the Board may execute an amendment of this Declaration to reallocate allocated interests following

operty will be governed by Section 82.007 of the Act. On behalf of Gwners, but without their consent, the Board may execute an amendment of this Declaration to reallocate allocated interests following condemnation and to describe the altered parameters of the Property. If the Association replaces or restores Common Elements taken by condemnation by obtaining other land or constructing additional improvements, the Board may, to the extent permitted by law, execute an amendment without the prior consent of Owners to describe the altered parameters of the Property and any corresponding change of facilities or improvements.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 33 eccheteuiennahg wie RRS oR EPESINIE SAPS NT BAMA AEDES!

Wen tominndsen an 3 peace hep ith SP MENS ATCA AST SCY SE SAREE HESITANT RTC RAEN ADI ei weniebAtieicear soot EA oe wa a ethane sept pret nth MRKAP DIR E i CSERES TOR EAI, uM EPO ARTICLE 18 MORTGAGEE PROTECTION 18.3.1. Koown Mortgagees. An Owner wha mortgag Association, giving the complete name and address of is Mg fy to those Martgagees known to the Association. All actions and approvals required es will be conclusively mortgages on Units. The Association may rely o Mortgagees.

18.1.2. €hgible Mortgagees.

guarantor of a frst purchase money mor a Unit who has submitted to the Associatig: 4 t address of the mortgaged Unit. A single Ne Flortgagee holds a mortgage on the Unit. The Association will treat the notice as the Eligible eft of Eligible Mortgagees” means Eligible Mortgagees of 51 ct to mortgages held by Eligible Mortgagees.

Lenders, an Len miply with their requirements and guidelines in effect at the time of

Eligible eft of Eligible Mortgagees” means Eligible Mortgagees of 51 ct to mortgages held by Eligible Mortgagees.

Lenders, an Len miply with their requirements and guidelines in effect at the time of drafting. Ifé dere: ader subsequently changes its requirements, the Board, without approval of Owners oP Momtgageds, may amend this Article and other provisions of the Documents, as necessary, to meet 1 of the Underviriting Lender.

’ NATION. An action to terminate the legal status of the Property after: substantial destruction Oeedndemnation must be approved by Owners of at least 67 percent of the Units, and by at least 51 percent of Eligibie Hortgagees. An action to terminate the iega! status for reasons other than substantia! destruction or condemnation must be approved by at feast 67 percent of Eligible Mortgagees.

18.4, IMPLIED APPROVAL. The approval of an Eligible Mortgagee is implied when the Eligible Morigagee fails to respond within 30 days after receiving the Association's written request for approval of a proposed amendment, provided the Association's request is delivered by certified or registered mail, return receipt requested.

18.5. QTHER MORTGAGEE RIGHTS.

18.5.1. Inspection of Books. The Association will maintain current copies of the Documents and the Association’s books, records, and financial statements. Mortgagees may inspect the Documents and records, by appointment, during normal business hours.

18.5.2. Financial Statements. A Mortgagee may have an audited statement prepared at its own expense.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS — Page 34 SE I vtStiat vicparonnet 1 em aro gh Quan ea ien mrp uta Na YAO, meses SRR OR p Oh ROR Ar ane Lo Ca ENCE EES RE EROS

UMS — Page 34 SE I vtStiat vicparonnet 1 em aro gh Quan ea ien mrp uta Na YAO, meses SRR OR p Oh ROR Ar ane Lo Ca ENCE EES RE EROS 18.5.3, Attendance at Meetings. A representative of an Eligible Mortgagee ma and address any meeting which an Ovener may attend, 18.5.4. Right of First Refusal. Any sight of first refusal imposed by t respect to a lease, sale, or transfer of a Unit does not apply to a lease, 54 18.5.5. Management Contract. If professional manage required by this Article, the contract for professional manage! m7 days’ nelice to terminate the contract, nor payment of a ter mortgaged Unit.

b. Any 60-day dehn of the mortgaged Cc. A lapse, can Gy: r Associatj Sropased termination of the condominium status of the Property.

the provisions governing the following would be considered material: ceiae aed ere icant a a ea Bs ence ante ase 18.7. NOTICE OF ACTIONS. The Associate < 62 efforts ta send timely writen notice 20 Eligible Mortgagees of the following actio a. Any condemnation oF g affects a matena! portion of the Property or the yment of Assessments of charges owed by the Qviner aterial modification of any insurance policy maintained by the ction that requires the consent of a specified percentage of Eligible pased amendment of a matenal nature, as provided in this Article.

18.8. AMENDMENTS OF A MATERIAL NATURE. A Document amendment of a material nature must be approved by Owners representing at least 67 percent of the common element interests, and by at jeast 51 percent of Eligible Mortgagees. This approval requirement does not apply to amendments effected by the exercise of a Development Right provided in Appendix B hereto. A change to any of a. Voting rights.

rcent of Eligible Mortgagees. This approval requirement does not apply to amendments effected by the exercise of a Development Right provided in Appendix B hereto. A change to any of a. Voting rights.

b. Increases in Assessments that raise the previously assessed amount by more than 25 percent, Assessment liens, or the pricrity of Assessment fiens.

c. Reductions in reserves for maintenance, repair, and replacement of Common Elements.

d. Responsibility for maintenance and repairs.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS a it A RA NLR FL TIE TY AEA POY 8 Page 35 Pepin RRNA Hw Cine me agretn meme nr tr NAN Nan SA et SSCA IR Rr aN neta nce CPE SANE RAR aban te cconere Pe if set ‘ tee Ss yaea ASAT aon eae RSL 8. Realiccation of interests in the Genera! or Limited Common Elements, of rights 4 ais use; except that when Limited Common Elements are reallocated by agreem n Owners, only those Oveners and only the Eligible Mortgagees holding mor those Units need approve the action.

h. Expansion or contraction of the Property, or property to or from the Property.

Property or fidebty insurance requirements tgage holders, insurers, or guarantors.

ARTICLE 19 AMENDMENTS SEATS D. As permitted by the Act ar by this Declaration, certain amendmen? ris Q son may be executed by Declarant alone, or by certain Owners alone, or by the ne, NotheAwise, amendments to this Declaration must be approved by Owners repres¢ : BZ percent of the common element interests.

. PHGD OF AMENDMENT. This Declaration may be amended by any method selected by the Board froaztiafe to time, pursuant to the Bylaws, provided the method gives an Owner of each Unit

element interests.

. PHGD OF AMENDMENT. This Declaration may be amended by any method selected by the Board froaztiafe to time, pursuant to the Bylaws, provided the method gives an Owner of each Unit the substance if not exact wording of the proposed amendment, a description in layman’s terms of the effect of the proposed amendment, and an opportunity to vote for or against the proposed amendment.

For amendrnents requiring the consent of Eligible Mortgagees, the Association will send each Eligibie Mortgagee a detailed description, if not exact wording, of any proposed amendment.

19.3. EFFECTIVE. To be effective, an amendment must be in the form of a written instrument (1) referencing the name of the Property, the name of the Association, and the recording data of this Declaration and any amendments hereto; (2) signed and acknowledged by an officer of the Association, certifying the requisite approval of Owners and, if required, Eligible Mortgagees; and (3) recorded in the Real Property Records of Dallas County, Texas. : 19.4. DECLARANT PROVISIONS. No amendment may affect Geclarant's rights under this Declaration or the Act without Declarant’s written and acknowledged consent, which must be part of the recorded amendment instrument. Because Appendix B of this Deciaration is destined to become obsolete, beginning 12 years after the date this Declaration is first recorded, the Board may restate, rerecord, or publish this Declaration without Appendix _B, provided the other appendixes are not relettered. The automatic expiration and subsequent deletion of Appendix B does not constitute an DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 36 ore enirin rain eeaoksitignddhia

ent deletion of Appendix B does not constitute an DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 36 ore enirin rain eeaoksitignddhia i ee PE EN ETE POEM ATR PSE AR AE ARR I EE GG MEN BOIS NTA Se EN Te RR eT NT RT EE IN Re Ta TE OE DTT eT NE TD eT a TOS amendment of this Declaration. This Section may not be amended without Oeclarant’s writ and acknowledged consent.

ARTICLE 20 DISPUTE RESOLUTION 20.1. INTRODUCTION & DEFINITIONS. The Association, the Owner 2 subject to this Deciaration, and any person not otherwise subject (g-this D whavagrees to submit te this Article (collectively, the “Parties”) agree to encouragetheea tice of disputes involving the Property and to avoid the emotional and financial fof (figatidn if at all possible.

Accordingly, each Party hereby covenants and agrees that this Art 2 eg dM! persons meanings: Properties, except Exempt Claims as defings a. Claims arising out of enforcement of the Cc.

20.1.2.

20.1.3.

this Article: e“Association's ciaim for Assessments, and any action by the Assaciation to Hect Assessments.

An action by a Party to obtain a temporary restraining order or equivalent emergency equitable relief, and such other ancillary relief as the court deems necessary te maintain the status quo and preserve the Party's ability to enforce the provisions of this Beciaration.

Cs Enforcement of the easements, architectural control, maintenance, and use restrictions of this Declaration.

d. A suit to which an applicable statute of limitations would expire within the notice period of this Article, unless a Party against whom the Claim is made agrees to toll the statute of limitations as to the Claim for the period reasonably

of limitations would expire within the notice period of this Article, unless a Party against whom the Claim is made agrees to toll the statute of limitations as to the Claim for the period reasonably necessary to comply with this Article.

e. A dispute that is subject to alternate dispute resolution - such as mediation or arbitration - by the terms of a public taw or another instrument, such as a contract or warranty agreement, in which case the dispute is exempt from this Article, unless the Parties agree to have the dispute governed by this Article.

20.1.4. “Respondent” means the Party against whom the Claimant has a Claim.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 37 SPYRO REID, RT at AT NA AUNT ENTE TIP AIT I OP OO NE A ERI AEE i PORTE TALE ILE M aptatunmedetrerrnegen pas SA ae Tage ver oreuier 20.2. MANDATORY PROCEDURES. Claimant may not fite suit in any court or intale any proceeding before any administrative Uibunal seeking redress or resolution of its Claim until G has complied with the procedures of this Articie.

20.3. NOTICE. Claimant must notify Respondent in writing of the Claim (the *$ piainly and concisely: (1) the nature of the Claim, including date, ime, location, peys nabi¢ effort to meet in person to resolve the Claim by good faith negotiation. Within 60 de gpondent’s receipt of the Notice, Respondent and Claimant will meet at a mutuatly-acceptabiegla me to discuss the Claim.

mR time, Respoddent and Respondent's Mbject to the Claim for the purposes of representatives will have full access to the property Unat inspecting the property. If Respondent elacts to take Respondent and Respondent's representatives and agp complete corrective action.

20.5. SEDIATION. If the parties negoe

access to the property Unat inspecting the property. If Respondent elacts to take Respondent and Respondent's representatives and agp complete corrective action.

20.5. SEDIATION. If the parties negoe wathin 120 days from the date of the Houce parties), Claimant vall have 30 additigg® g auspices of a mediation center or inGnes fot resolve the Claim through negotiaton ch other period as may be agreed on by the on which the parties mutually agree, The mediator must have at least S years of ex? gas a mediator and must have technical knowledge or expertise appropriate to the 5 ‘ , Pthe Claim. if Claimant does not submit the Ciaim to meditation within the 30-day pe . ant is deemed to have waived the Claim, and Respondent is released and discharged from amkalMiability to Claimant on account of the Ciaim.

DIATION. If the Parties do not settle the Claim within 30 days after submission to medig a time deemed reasonable by the mediator, the mediator will issue a notice of t Mediation proceedings indicating that the Parties are at an impasse and the date t athan Wag’terminated. Thereafter, Claimant may file suit or initiate administrative all of its oD | incurred prior to and during the proceedings described in the Notice, Negotiation, and Mediation sections above, including its attorneys fees. Respondent and Claimant will equally divide ail expenses and fees charged by the mediator.

20.8. ENFORCEMENT OF RESOLUTION. Any settlement of the Claim through negotiation or mediation will be documented in writing and signed by the Parties. If any Party thereafter fails to abide by the terms of the agreement, then the other Party may file suit or initiate administrative proceedings tc enforce the agreement without the need to again comply with the procedures set forth in this Articie.

rms of the agreement, then the other Party may file suit or initiate administrative proceedings tc enforce the agreement without the need to again comply with the procedures set forth in this Articie.

In that event, the Party taking action te enforce the agreement is entitled to recover from the noncomplying Party all costs incurred in enforcing the agreement, including, without limitation, attorneys fees and court costs.

20.9. GENERAL PROVISIONS. A release or discharge of Respondent from liability to Claimant on account of the Claim does not release Respondent from liability to persons who are not party to Claimant's Claim. A Party having an Exempt Claim may submit it to the procedures of this Article.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 38 OBE RSS ARE IS + Seegeingvsese see aman ee NER Se cla iantem ea ne eee et a ancl : vip a aves mien i en Ne gee O ERR ERAT BRE D4 4 NORE RSID RE 20.10. LITIGATION APPROVAL & SETTLEMENT. In addition to and notvathstandiag th alternate dispute resolution procedures, the Association may not initiate any fudicial or ad ‘ proceeding without the prior approval of Owners of at feast 75 percent of the Units, excapt approval is required (1) to enforce peavisions of this Declaration, including collectigg to assert counterclaims in a proceedings instituted against the Asseciation; of restraining order or equivalent emergency equitable relief when circupsstan ume to time, of any governmental or quasiPe Association or Property.

‘ ‘ uments are subordinate to federal and State law, and fecal ordinances. Generally, hg’ taems > Documents are enforceable to the extent they do not violate or conflict vath local, State ay rai law oc ordinance.

re subordinate to federal and State law, and fecal ordinances. Generally, hg’ taems > Documents are enforceable to the extent they do not violate or conflict vath local, State ay rai law oc ordinance.

cee arfds or other notices required to be sent ta an Owner or Resident by the | terms of thig aration wilbbe sent by ordinary or certified mai, postage prepaid, to the party's last known acdre iNapbears on the records of the Association at the time of mailing. If an Owner fails : Q i address for mailing notices, all notices may be sent to the Owner's Unit, and eo x % 9 x 21.4. “HEBERAL CONSTRUCTION. The terms and provision cf each Document are to be liberally construed to give effect to the purposes and intent of the Document. All doubts regarding a provision, including restrictions on the use or alienability of property, will be resolved in favor of the operation of the Association and its enforcement of the Documents, regardless which party seeks enforcement.

a DRAFTER'S DICTUM Users of this document should periodically review statutes and court rulings that may modify or nullify provisions of this document or its enforcement, or may create rights or duties not anticipated by this document.

21.5. SEVERABILITY. Invalidation of any provision of this Declaration by judgment or court order does not affect any other provision, which remains in full force and effect. The effect of a general statement is not limited by the enumeration of specific matters similar to the general.

21.6. CAPTIONS. In all Documents, the captions of articles and sections are inserted only for convenience and are in no way to be construed as defining or modifying the text to which they refer.

Boxed notices are inserted to alert the reader to certain provisions and are not to be construed as

convenience and are in no way to be construed as defining or modifying the text to which they refer.

Boxed notices are inserted to alert the reader to certain provisions and are not to be construed as defining or modifying the text.

DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 39 sy Sop BI ERE Ne it Sra ce aE Anon aR Re ieeds ih. she i 8 oo ee : se nese 21.7. INTERPRETATION. Whenever used in the Documents, unless the context othenwise, a reference to a gender includes ali genders. Similarly, a reference to the sin the plural, the plural the singular, where the same vould be appropriate.

21.8. DURATION. Uniess terminated or amended by Overs as permilted h of this Declaration run with and bind the Property, and wall remain in effect pe permitted by law, 21.5. PREPARER. This Geciaration was prepared in thi SeTrePou, 4131 N. Central Expressway, Suite 1900, Dallas, Texa 23.10. APPENDIXES. The following appendixes are ched t faration and incorporated herein by reference: A - Description of Subject Land B - Declarant Representations & Reservapogs C - Schedule of Allocated Interests D - Plats and Pians E - Guide to Association's Major Manag SIGNED on this _ “1° CITYHOMES, an assumed business name of CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Carporation, a Nevada corporation, its managing general oprtner | | / fe 7 ; o nior Division President Has/Fort Worth Metro THE STATE OF TEXAS §§ § COUNTY OF DALLAS 1 : a cl Senior Division President of Centex Homes - Datlas/Fort Worth Metro of Centex Real Estate Corporation, a

Senior Division President of Centex Homes - Datlas/Fort Worth Metro of Centex Real Estate Corporation, a Nevada corporation, on behalf of said corporation in its role as managing generai partner of Centex Homes, a Nevada general partnership, on behalf of said partnership, doing Dusiness as CityHomes.

| DECLARATION OF HOLLAND OAKS CONDOMINIUMS ; 3 qe i APPENDIX A DESCRIPTION OF SUBJECT LAND HOLLAND OAKS CONDOMINIUMS Lot 16A and Lot 17A of Holland Oaks City of Dallas, Texas, according to the plat thereof recorded on October 10, 2003, in Volume 2003201, Page 00121, Real Property Records, Dallas County, Texas, also described by metes and bounds in the Owner's Certification as a 0.9183-acre tract.

Unofficial copy 201018 00137 enc ERE TIS IAIN ERG FEN IBA Bit 9 RIA Blea SERN Moreen t cme APPENDIX & DECLARANT REPRESENTATIONS & RESERVATIONS B.1. GENERAL PROVISIONS.

B.i.3. Introductien. Declarant intends the Declaration to be perp that provisions pertaining to the initial development, construction, mar Property will become cosolete when Declarant’s role is complet d of the Declaration, who may be frustrated by then-obsoiet Deciarant-related provisions in this Appendix.

APLC A SCE LH RSil es yepiynsmy 8.1.2. General Reservation & Cth Documents fo the contrary, nothing contained tkerya may strued to, nor may any Mortgage¢e, other Owner, or the Assonation, prevent tfere with the rights contained in this Appendix which Declarant hereby reserves exciuswe lf and its successors and assigns.

In case of confiict between this Appendix sufnent, this Appendix controls. This

e with the rights contained in this Appendix which Declarant hereby reserves exciuswe lf and its successors and assigns.

In case of confiict between this Appendix sufnent, this Appendix controls. This Appendix may not be amended without § ‘onsent of Declarant. The terns and provisions of this Append must be const protect Declarant’s interests in the (Cs B.1.3. Purpose of ke Wem, 29d larant Control Periods. This Appendix gives Declarant certain rights dui nh fnent Period and the Declarant Cantral Period to gpa rsia andMelortgagees. Declarant may not use its control cf the Association and the Prop ay advantage over the Qwners by way of retention of any residual rights of § the Association or through the creation of any contractual agreements which fon may not terminate without cause with 90 days’ netice.

B.2 DECLARANT GOMFROL PERIOD RESERVATIONS. For the benefit and protection of Owners and sand, for the purpose of ensunng a complete and orderiy buildout and sellout of the Property, Qesiahant Mii retain control of the Association, subject to the following: Organizational Meeting. Before the end of the Deciarant Control Period or within 3 er the conveyance of 75 percent of the Units that may be created (inciuding propacty.s@bject to annexation) to Owners other than Declarant, the Owners will elect directors to the Board at an organizational meeting of the Members of the Association. Declarant or the Association yall give written notice of the organizational meeting to an Owner of each Unit at feast 10 days before the meeting. For the organizational meeting, Owners of 10 percent of the Units constitute a quorum. The Board elected at the organizational meeting will elect the officers of the Association not later than 30 days after the end of the Deciarant Control Period.

rcent of the Units constitute a quorum. The Board elected at the organizational meeting will elect the officers of the Association not later than 30 days after the end of the Deciarant Control Period.

The directors elected at the organizational meeting will serve until the next annual meeting of the Association or a special meeting of the Association called for the purpose of electing directors, at which time the staggering of terms will begin.

B.2.2. Officers & Directors. During the Declarant Control Period, the Board may consist of 3 persons. Declarant may appoint, remove, and replace any officer or director of the Association, none of whom need be Members or Owners, and each of whom is indemnified by the Association as a "Leader," subject to the following limitation. Within 120 days after the conveyance of 50 percent of the Units that may be created (including property subject to annexation, if any) to Owners other than Declarant, at least one-third of the Board must be elected by Owners other than Declarant.

APPENDIX B TO DECLARATION OF HOLLAND OAKS CONDOMINIUMS page B-i DECLARANT REPRESENTATIONS & RESERVATIONS ana Sa nee eermeniry entire ERR a A AI TE FS ee paper NL es % ETE PT EE I ET miner rt anne nce ee ine nao pte aeedvenmrn ometnnes lo 8.2.3. Obligation for Assessments. For cach Unit owned by Declarant, Decid liable for Special Assessments, Utility Assessments, Individual Assessments, and fidj Declarant Control! Penod onty, Declarant at Declarant’s option may suppeort budget by either of the following methods. Declarant wall pay Regutas Ass€ Declarant owned Unit in the same manner as any Owner. Or, alternate assume responsibility for the difference between the Association's act

her of the following methods. Declarant wall pay Regutas Ass€ Declarant owned Unit in the same manner as any Owner. Or, alternate assume responsibility for the difference between the Association's act they are paid and the Regular Assessments received from Ovrnegsathel bed 6 provide any additional funds necessary to pay actual cas, is 8 Kssaciation. On termination of the Declarant Controt Period, Declarant mus g Assessments on each Declarant owned Unit according to the Unit’s allocated int BA ant weil Nses as fed to tl Mpleson and markeung of of the Association.

B.2.4. Expenses of Declarant. Expenses the Property vill be paid by Declarant and are not Cx wot Period, the nght of Gveners to ents is not effectrve and may not be B.2.5. Budget Control. During veto Special Assessments of increases | OXercised.

8.2.6. ant enters into a professional management contract on behalf of the Assasva ig the Oeciarant Controt Period, the Association has the night to terminate the 6 fuse or penalty, but with at feast 30 days notice to the manager, at any Um a Bdartkelected by the Owners takes office.

8.2.7. At of prior to termination of the Declarant Contro! Period, if title or ownership/to & smon Element is capable of being transferred, Declarant will convey utfe or ove eghiPy un Association by deed - with or without warranty. At the ume of conveyance, th A f far of conveyance. Deciarant’s conveyance of title or ownership is a 5 not require and is not subject to acceptance by the Association or the RIOD RESERVATIONS. Deciarant makes the folloviing representations arding Declarant’s development of the Property: B.3.1. Changes in Development Plan. Declarant may modify the initial development plan to respond to perceived or actual changes and opportunities in the marketplace.

ant’s development of the Property: B.3.1. Changes in Development Plan. Declarant may modify the initial development plan to respond to perceived or actual changes and opportunities in the marketplace.

Modifications may include, without limitation, changes in the sizes, styles, configurations, materials, and appearances of Units, buildings, and Common Elements.

8.3.2. Architectural Control. During the Development Period, Declarant has the absolute right to appoint the ACC, consisting of any number of persons who serve at the pleasure of Declarant, and who may be Temoved and replaced by Declarant. Notwithstanding the foregoing, during the Development Period - after termination of Declarant Control, or earher if Declarant permits - the Board may appoint or serve as a “modifications committee” to respond exclusively to modifications of completed Units that are owned by persons other than Declarant.

A modifications committee may not involve itself with the approval of new Units, Common Etements, or Units owned or leased by Declarant.

8.3.3. Transfer Fees. During the Development Period, Declarant may not be required to pay transfer-related and resale certificate fees.

APPENDIX B TO DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page 8-2 DECLARANT REPRESENTATIONS & RESERVATIONS tome grec venergenys : 5 E a i £ pinewstengre dene RRR IE EAA EEE ARR A orp inci eect eye iin a Becannvana Lenmpund otha: SEBEAS ES 8.3.4. Amendment. Ouring the Development Period, Declarant may ame Declaration and the other Documents, without consent of other Owners or any Mory the following hmited purposes: a. To meet the requirements, standards, of recommended @ or purchase mortgage loans on the Units.

on and the other Documents, without consent of other Owners or any Mory the following hmited purposes: a. To meet the requirements, standards, of recommended @ or purchase mortgage loans on the Units.

b. To correct any defects in the execution 6 Bocuments.

Rights.

and Limited Common Elements Development Rights.

a. To create Units, General Com wathin the Property, in eo] €. Toe subdivide, combine, Units or convert Units into Common Elements, in the exergse_ of f. any portion of the real property marked on the went Rights Reserved,” in the exercise of statutory 9 clarity ambiguities, and to correct misstatements, érrors, h. phe name or entity of Deciarant.

Foc aay other purpose, provided the amendment has no material adverse effect gn afty right of any Owner.

: Statutory Development Rights. As permitted by the Act, Declarant reserves the ag evelopment Rights which may be exercised during the Development Period: (1) to add PeaLproperty to the Property; (2) to create Units, General Common Elements, and Limited Common Elements within the Property; (3) to subdivide Units or convert Units into Common Elements; (4) to withdraw from the Property any partion of the real property marked on the Plat and Plans as “Development Rights Reserved,” provided that no Unit in the portion to be withdrawn has been conveyed to an Owner other than Declarant.

8.3.6. Development Rights Reserved. Regarding portions of the real property shown on the Plat and Plans as “Development Rights Reserved,” if any, Deciarant makes no assurances as toe whether Deciarant will exercise its Development Rights, the order in which portions will be developed, or whether all portions will be developed. The exercise of Development Rights

o assurances as toe whether Deciarant will exercise its Development Rights, the order in which portions will be developed, or whether all portions will be developed. The exercise of Development Rights as to some portions wil! not obligate Declarant te exercise them as to other portions.

B.4. SPECIAL DECLARANT RIGHTS. As permitted by the Act, Declarant reserves the belowdescribed Speciai Declarant Rights, to the maximum extent permitted by law, which may be exercised, where applicable, anywhere within the Property dunng the Development Period. Unless terminated earlier by an amendment to this Declaration executed by Declarant, any Special Declarant Right may be exercised by Declarant so long as Declarant holds a Deveiopment Right te create additional Units APPENDIX B TO DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page B-3 DECLARANT REPRESENTATIONS & RESERVATIONS pee een er nn ge A RE RENE ARERR TREMP ER A NE ON AMR RP TRESS At EEEP IG A ED i LEE Sb BOERS SBS AIOE IP TE PY OS NERY REIT a.

b.

6.5.

rights, exercisable at Declarant's sole discretion, for the duration of the Development Period: a.

or Common Elements or Declarant owns a Unit, ehichever ceases last. Earlier termination of ain nights may cccur by statute.

The right to complete or make improvements indicated on the Plat ang e The right to exercise any Development Right permitted by the A pecaration.

is, Storage areas, and The right to use Units owned or feased by Declarp service, construction, offices for the marketing, management, maintenansa and leasing of the Property, an easement and right to place or install rs, flags, display lighting, potted 2 $, temporary window Ueatments, and seasonal landscaping on if f

ng, management, maintenansa and leasing of the Property, an easement and right to place or install rs, flags, display lighting, potted 2 $, temporary window Ueatments, and seasonal landscaping on if f prohibited te other Oveners and Res! Li Arant reserves an easement and right to maintain, relocate, replace, or e me from time to time within the Property.

Declarant aiso reserve © marketing events - such as open houses, MLS tours, and brokg Property to promote the sale of Units.

4 residents.

opaepaiaomoeemoes under the Act and this Deciaration.

Tha dght to appoint or remove any Declarant-appointed officer or director of the iauion during the Declarant Control Period consistent with the Act.

ADDITIONAL EASEMENTS & RIGHTS. Declarant reserves the following easements and An easement and right to erect, construct, and maintain on and in the Common Elements and Units owned or leased by Declarant whatever Declarant determines to be necessary or advisable in connection with the construction, completion, management, maintenance, and marketing of the Property.

The right to sell or lease any Unit owned by Declarant. Units owned by Declarant are not subject to leasing or occupancy restrictions or prohibitions contained elsewhere in this Declaration or the other Documents.

The right of entry and access to all Units to perform warranty-related work, if any, for the benefit of the Unit being entered, adjoining Units, or Common Elements. Requests for entry must be made in advance for a time reasonably convenient for the Owner who may not unreasonably withhold consent.

2S SERRE Se Ee APPENDIX B TO DECLARATION OF HOLLAND OAKS CONDOMINIUMS DECLARANT REPRESENTATIONS & RESERVATIONS Page B-4 Ree en mee ne ERE ES RR NEBR MOBY

X B TO DECLARATION OF HOLLAND OAKS CONDOMINIUMS DECLARANT REPRESENTATIONS & RESERVATIONS Page B-4 Ree en mee ne ERE ES RR NEBR MOBY oo atte Se ASC EE AOI RDNA MILE ET are a : ¥ ¥ a e % ELBA ESATA he toh NEN shes Aa gn Nae and Units used by Declarant as models and offices, as may be necessary tog to the uses permitted herein, Declarant, at Oeclarant’s sole expense, will Period.

e. An easement over the entire Property, including th Elements and all improvements thereon and related and condition of the Common Element improvemen B.6. COMMON ELEMENTS.

Wf having been hired by the Declarantto provide continuity of maintenance Association transfers from Declarant to the other Owners. A typical onen f rig a site inspection and 1s formalized with a yeriting signed by the reprey ant and the Association.

the Association's representative at the on appointed Board. One purpose of the B.6.2. No the Common Elements are owned by the Owners, collectively and in undivige the Common Elements are not capable of being separately conveyed. The transfe ef the Association at the end of the Declarant Contrat Period Declarant te the Association, there is no basis for the popular ay “accept” o “refuse” the Common Elements.

oO hws ITAL FUND. Declarant may establish a working capital fund for the Association i 3 that is at least equal ta 2 months of Regular Assessments for all Units. if 4 s Mis fund, each Unit's contribution wil! be collected when the sale of tha Unit closes OKO Nermihation of the Declarant Contro! Period, whichever occurs first. Contributions to the fund are advance payments of Regular Assessments and are not refundabie. Not later than

of tha Unit closes OKO Nermihation of the Declarant Contro! Period, whichever occurs first. Contributions to the fund are advance payments of Regular Assessments and are not refundabie. Not later than termination Ofte Declarant Contro} Period, the fully funded working capital fund will be transferred to the Association for deposit to a segregated fund. Declarant may not use the fund to defray Declarant’s expenses, reserve contributions, or construction costs, or to cover the Asscciation'’s budget deficits during the Declarant Contro! Period. If Deciarant has unsold Units on termination of the Declarant Control Period, Declarant may reimburse itself for a Unit's pre-paid contributions from monies collected at the Unit's closing.

8.8. SUCCESSOR DECLARANT. Declarant may designate one or more Successor Declarants for specified designated purposes and/or for specified portions of the Property, or for all purposes and all of the Property. To be effective, the designation must be in writing, signed and acknowledged by Declarant and Successor Declarant, and recorded in the Reai Property Records of Dallas County, Texas.

Declarant (or Successor Declarant) may subject the designation of Successor Declarant to limitations and reservations. Unless the designation of Successor Declarant provides otherwise, a Successor Declarant has the rights of Declarant under this Section and may designate further Successor Dectarants.

[End of Appendix B} DECLARANT REPRESENTATIONS & RESERVATIONS —, 7 me eins SeenON Ns meexinpigiaAvit a .

APPENDIX C SCHEDULE OF ALLOCATED INTERESTS HOLLAND OAKS CONDOMINIUMS Randomly selected for rounding down to achieve 100.0%.

7 me eins SeenON Ns meexinpigiaAvit a .

APPENDIX C SCHEDULE OF ALLOCATED INTERESTS HOLLAND OAKS CONDOMINIUMS Randomly selected for rounding down to achieve 100.0%.

UNIT BUILDING PLAN TYPE PERCENTAGE COMMON ELEMENT 1 1 2 1 3 1 4 2 5 2 6 2 7 8 10 11 3 Unofficial OWNERSHIP PERCENTAGE LIABILITY FOR COMMON EXPENSES UNIFORM WEIGHT OF VOTE CS-2L Alt 4.5 1 4.6 1 CS-2 4.8 1 4.8 4.8 1 4.4 4.4 1 4.6 4.6 1 CS-3 4.

4.4 1 CS-2 4.6 4.6 1 CS-3 4.4 4.4 1 CS-2L 4.8 4.8 1 CS-1R 4.8 4.8 1 12 3 CS-1 4.6 4.6 1 13 3 CS-IL 4.8 4.8 1 14 4 HO-2L 4.6 4.6 1 15 4 HO-2 4.6 4.6 1 16 4 HO-1 4.1 4.1 1 17 4 HO-1 4.1 4.1 1 Page C-1 204018 00143 APPENDIX C TO DECLARATION OF HOLLAND OAKS CONDOMINIUMS SCHEDULE OF ALLOCATED INTERESTS ASCOT SERRE SA ea PERCENTAGE PERCENTAGE COMMON LIABILITY PLAN TYPE ELEMENT OWNERSHIP 4.6 APPENDIX C TO DECLARATION OF HOLLAND QAKS CONDOMINIUMS Page C-2 SCHEDULE OF ALLOCATED INTERESTS mois oOlkk ATE OF TO HARNOW BLDG!

icial Copy 10 APPENDIX "D" 4315 HOLLAND AVENUE 1500000 LOT 17A BLOCK 6/1580 10 و به 34 54500 BLDC しこさい。 17 BLDG #3 150 170 12 03 13.0 SALE SITE PLAN HOLLAND OAKS CONDOMINIUMS 1520874 that this survey contains of the twegen Uniform Condominium Art, Chapter 97. Teade Property Code Signed on this git Ne information road te ont piome under Section 82000 2004 T.W.BARROW REGISTERED PROFESSIONAL LAND SURVEYOR 7104 CRAPEVINE HIGHWAY FORT WORTH, TEXAS 76518 (817) 268-0200 JOB NO 0201-6/1580 LOTS 16A & 174 COME 542006 DIPLOM 143 457000" 1.000.0 173 5149 340 2204 162 (COATRE BEARNC) WYCLIFF AVENUE 204018 00145 3.00.00.54 .00021 יתי SCALE-M A P 70 BLOG LOT 164 BLOCKY580 010020 3 APPENDIX "D" 4315 HOLLAND AVENUE С подд きみ、かなき כוס גארג

" 1.000.0 173 5149 340 2204 162 (COATRE BEARNC) WYCLIFF AVENUE 204018 00145 3.00.00.54 .00021 יתי SCALE-M A P 70 BLOG LOT 164 BLOCKY580 010020 3 APPENDIX "D" 4315 HOLLAND AVENUE С подд きみ、かなき כוס גארג 1024 10M 3 LOT 17A BLOCK 6/1580 78 00 1045 171022.17 BLDC 48 PC-1050 70-10041 1030115 IC-101.19 CR-10145 BLDG. 2 ノブース هم حصول $2.50 10000 120 BLDG 3 0101-33 17:10 17 931 72 10 0010 1412 03 15173 0:00 150 000 $150 170 SITE PLAN HOLLAND OAKS CONDOMINIUMS haraby vertary 2004 that this survey co all the information red spints and Plans under 5068100 82 034 of the Teens with Condominium Acl, Chapter 82, Teens Property Code.

Signed on Imi 15th day of Joruary 2014 T.W.BARROW REGISTERED PROFESSIONAL, LAND SURVEYOR 7104 GRAPEVINE HIGHWAY FORT WORTH, TEXAS 76118 (017) 268-0200 JOR NO 0201-6/1550 LOTS IHA & 17A CONC に10015 19.3 70-10047 ע 175 TC-1012 24 182 0100 12101-31 300.000 CONTROL BE 10000 WYCLIFF AVENUE CR-YO 145 2004018 00146 225 23 53 GARAGE APPENDIX "D" Unofficial Copy FIRST 20 60.3 40.3 THIRD FLOOR ゆき DECK 31 12.8 نه 40 Note Height from top of garage slab to underside of roof decking is 35.3.

UNIT 1 2369 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00147 $3 GARAGE APPENDIX "D" Unofficial Copy FIRST 401 40.3 THIRD FLOOR DECK AG 127 401 Note.

Height from top of garage stos to underside of roof decking is 35.3 UNIT 2 2369 GROSS S.F HOLLAND OAKS CONDOMINIUMS 2004018 00148 73 25 GARAGE 195 APPENDIX "D" 通 15 Unofficial Copy すまい FIRST FLOOR 10 401 THIRD FLOOR 10 123 Note: Height fran top of gorage slab to underside of roof decking is 35.3.

UNIT 3 2485 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 123 2004018 00149 CP 170 25 32 153 GARAGE APPENDIX "D" Unofficiall Copy FIRST FLOOR 70 ؟ THIRD FLOOR 10 Note: Height fran top of garage stob to undersice of roof decking is 35.3.

UNIT 4

S CONDOMINIUMS 123 2004018 00149 CP 170 25 32 153 GARAGE APPENDIX "D" Unofficiall Copy FIRST FLOOR 70 ؟ THIRD FLOOR 10 Note: Height fran top of garage stob to undersice of roof decking is 35.3.

UNIT 4 2485 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 2004018 00150 وع 12 123 143 23 KJ GARAGE APPENDIX "D" DECK ८ nofficial Copy FIRST FLOOR 2.0 15 403 THIRD FLOOR E 115 品 Note: Height from top of garage stab to underside of roof decking is 35.3.

UNIT 5 2363 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00151 おんい GARAGE APPENDIX "D" Unofficial Copy そ FIRST FLOOR 422 收!

20 THIRD FLOOR 0.3 DE DECK 40.1 105 137 Note: Height from top of garage slab to underside of root decking is 35.3.

UNIT 6 2369 GROSS SF.

HOLLAND OAKS CONDOMINIUMS 2004018 00152 170 GARAGE APPENDIX "D" 5 DECK Unofficial Copy 32 FIRST FLOOR THIRD FLOOR 76 7 158 江 Note Height from top of garage stab το underside of root decking is 35.3.

UNIT 7 2363 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00153 725 GARAGE APPENDIX "D" Unofficial Copy FIRST FLOOR THIRD FLOOR DECK זני Note: Height from top of garage sich to underside of roof decking is 35.5.

UNIT 8 2369 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00154 GARAGE APPENDIX "D" 193 DECK 191 20 Unofficial Copy 17 FIRST FLOOR 20 意 THIRD FLOOR 228 Note: Height from top of garage slab to underside of roof decking is 35.3.

UNIT 9 2363 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 1 204018 00155 143 GARAGE 17 APPENDIX "D" 193 191 Unofficial Copy FIRST FLOOR 10 THIRD FLOOR 108 02 151 DECK HE なわら 02 03 き Note: melight from top of garage stab to underside of roof decking is 35.3.

UNIT 10 2462 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00156 GARAGE APPENDIX "D" Unofficial Copy FIRST FLOOR THIRD FLOOR DECK 12 125 無 231 28 Note: neight fran top of garage slab to undersice of roof decking is 35.3.

S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00156 GARAGE APPENDIX "D" Unofficial Copy FIRST FLOOR THIRD FLOOR DECK 12 125 無 231 28 Note: neight fran top of garage slab to undersice of roof decking is 35.3.

UNIT 11 2435 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS } 204018 00157 GARAGE APPENDIX "D" Unofficial Copy FIRST C 12 OND 73 DECK THIRD FLOOR 41.1 Bi Note: Height from top of gorage stob to underside of roof decking is 35.3 UNIT 12 2381 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 2004018 00158 31 26 601 GARAGE APPENDIX "D" 195 Unofficial Copy 92 743 92 YLOOR 75 143 DECK 101 THIRD FLOOR 41.3 25 011 25 Note: Height from top of garage stab to underside of roof decking is 35.3.

UNIT 13 2497 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00159 じょ 40 APPENDIX "D" Unofficial Copy GARAGE FIRST FLOOR 500 SECOND FLOOR THIRD FLOOR 20 115 BALCONY 124 Note: Height from top of garage stab to underside of roof decking is 35.3 UNIT 14 2552 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00160 APPENDIX "D" Unofficial Copy 430 GARAGE 5 2 SECOND FLOOR 00 Note: height fron top of garage slab to underside of roof decking is 35.2.

UNIT 15 2508 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00161 THIRD FLOOR 1:5 BALCONY 58 450 134 ८८५ APPENDIX "D" THIRD FLOOR Unofficial Copy GARAGE FIRST FLOOR 53 39 Note: 55 119 93 Height from top of garage staD LO underside of roof decking is 36.5′.

453 319 UNIT 16 2301 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00162 172 APPENDIX "D" Unofficial Copy GARAGE SECOND FLOOR 15 20 THIRD FLOOR 114 Note.

Height from top of garage slab to underside of roof decking is 36.5'.

UNIT 17 2301 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00163 779 30 53 336 49 APPENDIX "D" Unofficial Copy FIRST FLOOR GARAGE SECOND FLOOR 100 THIRD FLOOR 20 124 58 Note.

Height from top of gorage slab to

7 2301 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00163 779 30 53 336 49 APPENDIX "D" Unofficial Copy FIRST FLOOR GARAGE SECOND FLOOR 100 THIRD FLOOR 20 124 58 Note.

Height from top of gorage slab to underside of roof decking is 35.2 UNIT 18 2508 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00164 115 BALCONY 114 4 APPENDIX "D" 04 55 Unofficial Copy 430 GARAGE 7 FLOOR 53 400 !!

THIRD FLOOR 410 124 F BALCONY Note.

Height fran top of garage stab to underside of roof decking is 35.2.

UNIT 19 2508 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00165 324 13 3 122 APPENDIX "D" Unofficial Copy CARAGE 335 FIRST FLOOR 13 SECOND FLOOR 53 24 520 THIRD FLOOR 58 52.0 BALCONY 134 Note: Height from top of garage slas to underside of roof decking is 35.2.

UNIT 20 2508 GROSS SF.

HOLLAND OAKS CONDOMINIUMS 2004018 00166 APPENDIX "D" 51 Unofficial Copy GARAGE 11% FLOOR 134 * 40 115 THIRD FLOOR BALCONY 114 * 430 Note: Height fran top of gorage stob to underside of roof decking is 35 2.

UNIT 21 2508 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 2004018 00167 1 ६: APPENDIX "D" THIRD FLOOR Unofficial Copy GARAGE FIRST FLOOR 55 53 435 Note: Height from top of garage stab 10 underside of root decking is 30.5 UNIT 22 2301 GROSS S.F.

HOLLAND OAKS CONDOMINIUMS 204018 00168 aT eR TE TS TS TET ste tt AE A Eats tes pa ng ete geperapeg ee hy 5 2 J APPENDIX E GUIDE TO ASSOCIATION'S MAJOR MANAGEMENT & GOVERNANCE FUNCTIQ development with a mandatory owners association. The Association's Board of Di time to time, use this Guide to consider what functions, if any, to delegate lo ope managing agents, employees, or volunteers. Because laws and practices Association and/or the Board should not use this Guide without taking-eecoutt in law and practices, piacramansass FINANCIAL MANAGEMENT

ging agents, employees, or volunteers. Because laws and practices Association and/or the Board should not use this Guide without taking-eecoutt in law and practices, piacramansass FINANCIAL MANAGEMENT To adopt annual budget and levy ass y Declaration.

Sy, - —— statements, and year-endist aa PAGER % y the HOA is required to Maintain fidelity bond an whomever handles HOA funds.

Report annually to members on financial status of HOA.

PHYSICAL MANAGEMENT Inspect, maintain, repair, and replace, as neeced, all components of the property for which the HOA has maintenance responsibility.

Contract for services, as needed to operate or maintain the property.

Prepare specifications and call for bids for major projects.

| Coordinate and supervise work on the property, as warranted, APPENDIX E TO DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page E-1 GUIDE TO ASSOCIATION'S MAJOR MANAGEMENT & GOVERNANCE FUNCTIONS se ashaty ner Whe aR are ante IDR EE at abe ST SA CAA BOM Backs SREB Ya at ab Ea LEAR WTAE ARMEANE ae stcis het weinnnte te oo” nee . - ; ’ 3) 4 fo Banana sinerliint oon areca aie yma totectiode ets Obtain and supervise personne! and/or contract fulfill HOA‘s functions.

i { Schedule HOA meetings and give sult Ow of some.

Schedule board meetings, aE ects ehaly notice of same Maintain insurance a aa equired 4 by the goverr the governing documents or sta, ustomary for simuar types of aan in the sp pyapiic. area, area.

i Maiviain i! rave oan ds, and files. files.

cee charter and registered agent & P| ondsre SS PunCyions Promote harmonious relationships within the community.

ave oan ds, and files. files.

cee charter and registered agent & P| ondsre SS PunCyions Promote harmonious relationships within the community.

| Encourage compliance with governing documents and ; | applicabie laws and ordinances.

Act as liaison between the community of owners and governmental, taxing, or regulatory bodies.

Protect the HOA and the property from loss and damage by lawsuit or othenvise. | APPENDIX E TO DECLARATION OF HOLLAND OAKS CONDOMINIUMS Page E-2 GUIDE TO ASSOCIATION'S MAJOR MANAGEMENT & seen | 8 OO EASIER TN IT