Document No: 3085945 Billable Pages: 21 Recorded On: February 04, 2020 03:18 PM Number of Pages: 22 no Total Recording: $ 116.00 I I Any provision herein which restricts the Sale, Rental, or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File information: Document No: 3085945 Record and Return To: Javier Hinojosa Engineering Receipt No: 20200204000304 416 E. Dove Ave.
Recorded On: February 04, 2020 03:18 PM original returned to customer Deputy Clerk: Imelda Leal McAllen TX 78504 Station: CH-1-CC-K27 Quelle, STATE OF TEXAS MONTY Coy %, s COMneeetee Ain ey COUNTY OF HIDALGO Za} iat 22. Js : z “tn, wt OS Arturo Guajardo Jr.
May HID Ws County Clerk Hw Hidalgo County, Texas Doc-3085945 .
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAS VILLLITAS AT THE GROVES ON SHARY SUBDIVISION THESTATEOFTEXAS § § COUNTY OFHIDALGO § s WHEREAS, Kerria Square Development, LLC, a Texas limited liability company, hereinafter called “Declarant °. is the owner in fee simple of certain real property located in Hidalgo County, Texas, to wit: All of Lots 4 through 24 and Common Lot Area “A’, inclusive, of Las Villitas at the Groves on Shary Subdivision, an addition to the City of McAllen, yes County, Texas.
according to the Map thereof recorded in Clerk's File No. of the Real Property Records of Hidalgo County, Texas (the "Subdivision" or “Property").
n addition to the City of McAllen, yes County, Texas.
according to the Map thereof recorded in Clerk's File No. of the Real Property Records of Hidalgo County, Texas (the "Subdivision" or “Property").
WHEREAS, Declarant desires to subject the Property to the protective covenants, conditions, restrictions, liens and charges as hereinafter set forth, pursuant to an established general plan for the improvement and development of said Property; NOW, THEREFORE, itis hereby declaredthatallofthe Property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and shall be binding on all parties having any right. title or interest in or to the Property or any part thereof, and their heirs, successors, and assigns, and which easements. restrictions, covenants and conditions shal! inure to the benefit of each Owner thereof.
ARTICLE 1.
DEFINITIONS Section 1."Association" shali mean and refer to Las Villitas at the Groves on Shary HOA, Inc.,. a non-profit corporation, its successors and assigns or replacements, which has been formed by the Declarant for the purpose of enforcing the covenants, restrictions and agreements set forth herein, and shall be more specifically identified in the Management Certificate prescribed by Texas Property Code Section 209.004.
Section 2."Board of Directors” shall mean and refer to the Board of Directors of the Association which will be established and which shall conduct regular and special meetings according to the provisions of the Bylaws of the Association.
Section 3."Byliaws” shall mean and refer to the Bylaws of the Association, as amended from time to time.
duct regular and special meetings according to the provisions of the Bylaws of the Association.
Section 3."Byliaws” shall mean and refer to the Bylaws of the Association, as amended from time to time.
Section 4."Committee" shall mean the Architectural Control Committee as the same is set out in Article Vill hereinafter.
Doc-3085: 945 Section 5."Common Areas" shall mean and refer to all real property located within the boundaries of the Subdivision which are not otherwise located within or on a part of any Lot, as set forth on the plat or map of the Subdivision as recorded in the Map Records of Hidalgo County, Texas, together with any improvements located thereon, including, but not limitedto, any perimeter fence constructed by the Declarant, entry monuments, brick pavers, streets, alleys, gates and all landscaping and area lights provided by the Declarant for the benefit of the Subdivision.
Section 6."Declarant” shall mean and refer to Kerria Square Development, LLC. a Texas limited liability company, its successors and assigns, in its capacity as the developer of the Subdivision.
Section 7."Lot” shall mean any of the twenty-four (24) plots of land shown on the recorded Subdivision map referred to above with the exception of the Common Areas. No “naif or “partial” lots will be sold.
Section 8."Maintenance"shall mean the exercise of reasonable care to keep buildings, streets, alleys, curbs, gates, fences, sprinklers, fountains, signs, landscaping, lighting. and other related improvements and fixtures, whether enumerated or not, in the Common Areas in a condition comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shal! further mean the exercise of generally accepted
rated or not, in the Common Areas in a condition comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shal! further mean the exercise of generally accepted garden management practices necessary to promote a healthy. weed-free environment for optimum plant growth.
Section 9."Member” shall mean every person or entity who holds membership in the Association as set out in Article Il.
Section 10."Member in Good Standing” shail mean and refer to each Member who (i) is not in default in payment of any assessments levied by the Association in accordance with the terms of the Declaration; (ii) is not in receipt of a notice of default from Declarant or the Association pertaining to any default under the Declaration or any rule or regulation promulgated by the Association which default remains uncured in the opinion of the Declarant or the Association; (iii) is not named as a party in any pending legal action, suit or proceeding involving an alleged violation of the Declaration brought by the Declarant, the Association, or any other party with standing to enforce any provision of the Declaration.
Section 11."Mortgage" shall mean a conventional mortgage or a deed of trust.
Section 12."Owner™ shall mean the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, and shail include contract sellers. but shall not include holding title merely as security for performance of an obligation.
Section 13."Subdivision" shall mean the subdivided real property hereinbefore described and such additions thereto as may be brought within the jurisdiction of the Association as hereinafter provided.
Doc-3085945 ARTICLE I ASSOCIATION MEMBERSHIP, VOTING RIGHTS AND POWERS
before described and such additions thereto as may be brought within the jurisdiction of the Association as hereinafter provided.
Doc-3085945 ARTICLE I ASSOCIATION MEMBERSHIP, VOTING RIGHTS AND POWERS Section 1."Membership" Every Owner of a Lot shall be a Member of the Association. One or more Owners of a Lot shall be able to vote only one vote per Lot.
Membership shal! be appurtenantto and may not be separated from ownership of a Lot.
Section 2."Yoting Rights" The Association shall have two (2) class of voting members as follows: Class A. Class A members shall be all Owners with the exception of Declarant, and shail be entitled to one vote for each Lot owned. When more than one person holds an interest in a given Lot, all such persons shall be members and the vote for such Lot shall be exercised as they shali unanimously determine among themselves. In no event shall more than one vote be cast with respect to any Lot owned by Class Amembers.
Class B. Class B member shal! be Declarant, who shall be entitied to exercise 10 votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership when the total votes outstanding in the Class A membership are equal to or greater than the total votes outstanding in the Class B membership, or on December 31, 2021, whichever comes first.
Section 3."Powers" The Association shall have ali of the powers of a non-profit corporation organized under the laws of the State of Texas, subject to only to such limitations upon the exercise of such powers as are expressly set forth in the Certificate of Formation, the Bylaws, or this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration,
Formation, the Bylaws, or this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Certificate of Formation and the Bylaws, and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including without limitation of the following powers: to own real and personal property, to open bank accounts, to enforce this Declaration as herein provided, to obtain a policy or policies of insurance insuring the Association and its members, to make physical improvements to the Common Areas as the Association shall deem to be in the best interest of the Subdivision and the Owners, to contract for legal, accounting and other professional services, to contract for security, paving, landscaping and/or any other services, to borrow funds, to employ employees directly or through an operator, to bring an action(s) for injunctive telief and/or damages against any Owner for failure to comply with any Article and/or Section herein, and to otherwise do that which it believes necessary to protect or defend the Common Areas and facilities located therein, the Association and/or any of its properties from loss or damage, by suit other otherwise.
Section 4."Board of Directors” The affairs of the Association shall be managed by a Board of Directors which will be established and which shall conduct regular and special meetings according to the provisions of the Bylaws of the Association. The number of directors and the initial members of the Board of Directors shall be as set forth in the Certificate of
and special meetings according to the provisions of the Bylaws of the Association. The number of directors and the initial members of the Board of Directors shall be as set forth in the Certificate of Formation of the Association. Unless specially provided for in this Declaration that an act, power or vote of the Association is to reserved for the Members, such act, power or vote will be done by the Board of Directors on behalf of the Association.
Doc-3085945 5 , ARTICLE Ill ASSESSMENTS Section 1. “Lien and Personal Obligation of Assessments" Declarant hereby covenants for each Lot within the Subdivision, and each Owner of a Lot is hereby deemed to covenant by acceptance of his deed for such Lot, whether or not it shall be so expressed in his deed. to pay to the Association (1) annual assessment and (2) special assessments for capital improvements and/or other necessary expenses. Such assessments will be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, fines, and reasonabie attorneys’ fees, shall be a charge on the land and a continuing lien on each Lot against which such an assessment is made. Each such assessment, together with interest, costs, fines and reasonable attorneys’ fees shall also be the personal obligation of the person or persons who own the Lot at the time the assessment fell due, but such personal obligation shail not pass to the successors in title of such person or persons unless expressly assumed by them. However, all future transferees of Lots shall have the obligation, prior to purchase, to verify with the Association and/or Deciarant that such assessments have been paid to date and that the property to be acquired is free and clear of all assessed indebtedness.
on, prior to purchase, to verify with the Association and/or Deciarant that such assessments have been paid to date and that the property to be acquired is free and clear of all assessed indebtedness.
Section 2. "Purpose of Annual Assessments" The annual assessments levied by the Association shall be used exclusively to promote the health, safety, welfare, and recreation of the residents in the Subdivision, and for the improvements, security, preservation, operation and Maintenance of the Common Areas and/or of improvements situated within same or within the control of the Association. Annual assessments may include, and the Association shall acquire and pay for out of the funds derived from annua! assessments, the following: (a) Maintenance and/or repair of the Common Areas to the extent not performed by a governmental authority or an Owner.
(b) Water, sewer, garbage, electrical, lighting, telephone, gas, and other necessary utility service for the Common Areas.
(c) Acquisition of furnishings and equipment for the Common Areas as may be determined by the Association.
(d) Maintenance and repair of ail structures in the Common Areas, including, but not limited to, fences, sprinkler systems, street lighting and subdivision signs within the confines of the Subdivision and/ or any Maintenance and repair required by the City of McAllen.
(e) Fire insurance, if obtainable, covering the full insurable replacement value of the improvements in the Common Areas with extended coverage.
(f) Liability insurance insuring the Association against any and all liability to the public, to any Owner, or to the invitees or tenants of any Owner arising out of their occupation and/or use of the Common Areas. The policy limits shall be set by the Association, and shall be reviewed at
ic, to any Owner, or to the invitees or tenants of any Owner arising out of their occupation and/or use of the Common Areas. The policy limits shall be set by the Association, and shall be reviewed at least annually and increased or decreased in the reasonable discretion of the Association.
(g) Workmen's compensation insurance to the extent necessary to comply with applicable law, and any other insurance deemed necessary by theAssociation.
Doc-3085945 (h) A standard fidelity bond covering all Officers of the Association, Members of the Board of Directors, and ail other employees of the Association in an amount to be determined by the Association.
(i) Any other materials, supplies, furniture, fabor. services, maintenance, repairs, structural alterations, insurance, taxes, or assessments which the Association is required to secure or pay pursuant to the terms of this Declaration or by law, or which shall be necessary or proper in the opinion of the Association for the operation of the Common Areas, for the benefit of Owners, or for the enforcement of these restrictions.
(j) In addition to the maintenance of the Common Areas, the Association may provide exterior maintenance on each Lot as follows: In the event an Owner of any Lot, its family, guests, invitees, agents or other persons using the Lot, shall fail to maintain the premises and the improvements situated thereon in a reasonably neat and orderly manner, the Association, Declarant or the Committee shall have the right, through their agents and employees, to enter upon said Lot and repair, maintain and restore the Lot and exterior of the buildings and any other improvements erected thereon, all at the expense of Owner, and such expense of Maintenance or repair shall be added to and
air, maintain and restore the Lot and exterior of the buildings and any other improvements erected thereon, all at the expense of Owner, and such expense of Maintenance or repair shall be added to and become part of the assessment to which said Lotis subjectto.
(k} Maintenance and repair of all structures or improvements, formerly within the Common Areas, if any, and which may be situated in an area dedicated and/or transferred to the public use in the future, as set forth in Article IV, Section 1(b), for which the Association reserved the right to continue the operation and concurrently has the obligation to maintain and repair.
(j) Lawn mowing and landscape maintenance for the Lot in the event that the Association in the future votes, pursuant to its Bylaws, to take over such from the individual Owners.
Section 3."Eixing of and Maximum Annual Assessments” (a) Until January 1, 2021, the maximum annual assessment shall be One Thousand Dollars ($1,000.00) per Lot per year, payable in yearly installments. Declarant shall monitor the expenses actually incurred within the first six (6) months after the execution of this Declaration and set an amount necessary to meet actual expenses, but not exceed the amount set out hereinbefore.
(b) Commencing on January 1, 2021, and continuing thereafter, all assessments shall be fixed by the Board of Directors in advance and shall be due and payabie on January 1“ of each calendar year or such other date as set forth herein after giving due consideration to the anticipated cost of all Common Areas Maintenance obiigations, and other costs of operations for the Association. The Association shail have the right to collect such assessments in advance on an annual basis. If at any time the Board of
Maintenance obiigations, and other costs of operations for the Association. The Association shail have the right to collect such assessments in advance on an annual basis. If at any time the Board of Directors determines that the assessments for that fiscal year are insufficient to discharge all costs and expenses to be incurred or payable during that assessment year by the Association, the Board of Directors may increase the assessments to cover such costs (incurred or to be incurred), and such increase shall become effective at the beginning of the next annual assessment period.
Doc-3085945 If required, assessments shall be prorated for the period from the commencement thereof to the end of the then current calendar year of the Association.
(c) From and after January 1, 2022, the maximum annual assessment may be increased each year not more than twenty-five percent (25%) above the maximum annual assessment for the previous year unless approved by a Majority Vote of the Members as defined in the Bylaws.
Section 4."Special Assessments for Capital improvements and_ other Expenses” In addition to the annual assessments authorized above, the Board of Directors may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement (including, but not limited to lighting, streets, alleys, gates and/ or utilities) on the Common Areas, including fixtures and personal property related thereto.
Section 5."Notice and quorum for action authorized under Sections 3 and 4" The number of votes present at a meeting that wil! constitute a quorum shall be as
res and personal property related thereto.
Section 5."Notice and quorum for action authorized under Sections 3 and 4" The number of votes present at a meeting that wil! constitute a quorum shall be as set forth in the Bylaws of the Association, as amended from time to time. Notice requirements for any and all actions to be taken by the members of the Association shall be as set forth herein or in the Bylaws, as the same may be amended from time to time. The Majority Vote of the Members entitled to vote on a matter, as defined in the Bylaws, shall be the act of the Members, except as otherwise expressly provided in this Declaration. Any Member who is not a Member in Good Standing shall not be entitled to cast a vote on any matter coming before the Association.
Section 6." Uniform Rate of Assessment" Both annual and special assessments must be fixed at a uniform rate for all Lots.
Section 7.“Commencement and Collection of Annual Assessment” The annual assessments provided for herein shall commence as to ali Lots upon recording of the Subdivision plat. The first assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of the due date thereof and shail fix the dates such amounts become due. Assessments shall be made payable annually. Notice of the annual assessments shall be sent to every Owner subject thereto. The Association shall, on demand and for a reasonable charge. furnish a certificate signed by an officer of the Association or the Association management company, setting forth whether the assessment against a specific Lot has been paid, and
a reasonable charge. furnish a certificate signed by an officer of the Association or the Association management company, setting forth whether the assessment against a specific Lot has been paid, and may, from time to time, cause to be recorded in the office of the County Clerk of Hidalgo County, alistof delinquent assessments as of the date of such recording.
Declarant is hereby exempted from any and all annua! and/or special assessments. No Lot owned by Declarant shall be assessed nor shal! Declarant be liable for any assessment described herein.
Section 8."Effect of Non-payment of Assessments. Remedies of the Association” Any assessment not paid within thirty (30) days after the due date shail be deemed in default and shall bear interest at the maximum rate permitted by law from the due date until paid. Additionally, the Association may vote to levy fines and charge fees to Doc-3085945 any Owner who does not pay assessments or other charges within thirty (30) days after the due date. The Association may bring an action at jaw against the Owner personally obligated to pay the same, or may foreclose the lien against the property. The lien may be foreclosed through judicial or, to the extent allowed by law, non-judicial foreclosure proceedings in accordance Tex. Prop. Code Ann. Section 51.002, as it may be amended from time to time (the "Foreclosure Statute"), in like manner of any deed of trust on real property. In connection with the lien created herein, each Owner grants the Association, whether expressed in the deed or other conveyance to the Owner, a power of sale to be exercised in accordance with the Foreclosure Statute. At any foreclosure proceeding, any person, including but not limited to the Association and any Owner, shall have the right to
power of sale to be exercised in accordance with the Foreclosure Statute. At any foreclosure proceeding, any person, including but not limited to the Association and any Owner, shall have the right to bid for the Lot at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. During the period in which a tract is owned by the Association following foreclosure, no assessment shall be levied on it. Suit to recover a money judgment for unpaid assessments and attorney's fees shall be maintainable without foreclosing or waiving the lien securing the same.
No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his Lot.
Section 9."Subordination of Assessment Lien to Mortgage” The assessment lien provided for herein shall be subordinate to the lien of any first Mortgage. A sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in jieu thereof shall extinguish the assessmentlien as to payments that become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Where the beneficiary of a first lien deed of trust obtains title pursuant to judicial or non-judicial foreclosure, neither it nor its successors and assigns shall be liable for the Assessments chargeable to such Lot which became due prior to the acquisition of title to such Lot by such acquirer. Such unpaid share of Assessments shall be deemed to be common expenses collectible as a common expense from the remaining Members of the Association (including such acquirer, its successors and assigns).
ARTICLE IV
are of Assessments shall be deemed to be common expenses collectible as a common expense from the remaining Members of the Association (including such acquirer, its successors and assigns).
ARTICLE IV PROPERTY RIGHTS Section 1. “Owner's Easements of Enioyment” Every Owner of a Lot shail have a right and easement of enjoyment in and to the Common Areas which shail be appurtenant to and shall pass with the title to such Lot, subject to the following rights of the Association: (a) The right to suspend the voting rights of any Owner for periods during which assessments against his Lot remain unpaid, and the right, after hearing by the Association, to suspend such rights for a period not exceeding three hundred sixty-five (365) days for any infraction of the published rules and regulations of the Association.
(b) The right to dedicate or transfer all or any part of the Common Areas, Doc-3085945 including any improvements, to any municipality, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed upon by the Members. No such dedication or transfer shall be effective unless an instrument executed by a Majority Vote of the Members, as defined in the Bylaws, agreeing to such dedication or transfer has been duly recorded.
Section 2."Delegation of Use" Subject to such limitations as may be imposed by the Bylaws, each Owner may delegate his right of enjoyment in and to the Common Areas and facilities to the Members of his family, his guests, tenants, and invitees.
Section 3."Easements of Encroachment" There shall exist reciprocal appurtenant easements as between adjacent Lots and between each Lot any portion or portions of the Common Areas adjacent thereto for any encroachment due to the unwilful
" There shall exist reciprocal appurtenant easements as between adjacent Lots and between each Lot any portion or portions of the Common Areas adjacent thereto for any encroachment due to the unwilful placement, settling, or shifting of the improvements constructed, reconstructed, or altered thereon, provided such construction, reconstruction, or alteration is in accordance with the terms of this Declaration. Such easement shall exist to a distance of not more than one (1) foot as measured from any point on the common boundary between adjacent Lots, and between each Lot and any adjacent portion of the Common Areas, along a line perpendicular to such boundary at such point. No easement for encroachment shall exist as to any encroachment occurring due to the willful conduct of anOwner.
Section 4."Other Easements” (a) Easements for installation and Maintenance of utilities and drainage facilities are shown on the recorded Subdivision map. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and Maintenance of utilities, or which may damage, interfere with, or change the direction of flow of drainage facilities in the easements. The easement area of each Lot and all improvements therein shall be continuously maintained by the Owner of such Lot, except for improvements for Maintenance of which a public authority or utility company is responsible.
(b) No dwelling unit or other structure of any kind shail be built, or maintained on any such easement, reservation, or right of way, and such easement, reservations, and rights of way shall at all times be open and accessible to public and quasi-public
hail be built, or maintained on any such easement, reservation, or right of way, and such easement, reservations, and rights of way shall at all times be open and accessible to public and quasi-public utility corporations, their employees and contractors, and shall also be open and accessible to Declarant, its successors and assigns, all of whom shall have the right and privilege of doing whatever may be necessary in, on, under, and above such locations to carry out any of the purposes for which such easements, reservations, and rights of way are reserved.
(c) There shali exist an appurtenant easement of access to all Lots to the City of McAllen for the use of city personnel and equipment on city business.
Section 5."Right of Entry" The Association, through its duly authorized employees, contractors. and delegated agents, shall have the right after reasonable notice to the Owner thereof, to enter any Lot at any reasonable hour on the day to perform such Maintenance as may be authorized herein, save and except in case of an emergency, which threatens either life or property, in which case advance notice shall not be required.
Doc-3085945 Section 6. “No Partition" There shall be no judicial partition of the Common Areas, nor shall Declarant, or any Owner or any other person acquiring any interest in the Subdivision or any part thereof, seek judicial partition thereof. However, nothing contained herein shall be construed to prevent judicial partition of any lot owned in cotenancy.
Section 7."Euture Subdivision Development.“ Declarant, its successors or assigns. reserve the right to use all easements and streets in this Property in connection with future residential development adjacent to or near the Property. Owners shail not
ant, its successors or assigns. reserve the right to use all easements and streets in this Property in connection with future residential development adjacent to or near the Property. Owners shail not have a claim for damages, injunctive relief, or any claim of whatsoever kind or nature based upon such use.
Section 8."Title to Common Areas” The recordation of this Declaration shall serve as a dedication and conveyance to the Association, without consideration, of the fee simple title to the Common Areas free and clear of monetary tiens and encumbrances other than those created in or subordinate to this Declaration.
Notwithstanding the foregoing or any other provision contained in this Declaration, Declarant shail have the right to use, for no additional charge, any andail CommonAreas for purposes of marketing signage and sales trailers, and/or in connection with the development of the Lots, from the date hereof through the date that Declarant closes onthe sale of the last Lot in the Subdivision to athird-party buyer.
ARTICLE V USE RESTRICTIONS Section 1. "Multi-Family Residential Use" All Lots, and each and every one thereof, are for multi-family residential purposes only. When used herein, “multi-family residential use,” “residence” or any such similar phrase or word shall be a reference to a four-plex. No building or structure intended for or adapted to business purposes shall be erected, placed, permitted or maintained on such premises. or any part thereof, save and except the business of the Declarant and the transferees of the Declarant in developing all of the Lots as provided in Section 23 below. No improvement or structure, other than a multi-family dwelling and/or carport may be erected, altered, placed maintained or
he Declarant in developing all of the Lots as provided in Section 23 below. No improvement or structure, other than a multi-family dwelling and/or carport may be erected, altered, placed maintained or permitted to remain on any Lot in the Subdivision, without the express written consent of the Committee. The preceding sentence shall in no way be read to supersede or replace the requirements of Article VII of this Declaration, but shall be in addition to the requirements of Article VIII of this Declaration.
Section 2."Construction Specifications” Construction specification s for all multifamily structures constructed on any Lot are as follows: (a) Eour Plex. Each multi-family structure will consist of four (4) individual rental units. Lots are required to be single (1) story multi-family structures.
(b) Exterior, The exterior walls of each structure shail be constructed as per Doc-3085945 the architectural guidelines adopted by the Committee as per Article VIII, Section 3 of this Declaration, and as approved in advance by the Committee.
(c) Roof. The roof slope shall be 6:12 or 7:12. The roof shall be constructed of composition shingle with a thirty (30) year warranty or better quality. Roof colors will be limited to Teak or Driftwood, and as approved in advance by the Committee.
(d) Air Conditioner. No evaporative cooler or air conditioner shall be placed, installed, or maintained on the roof or wall of any building or structure. All coolers and air conditioning units shall be concealed and in the back or on the side of the residence.
(e) Clothes Lines. No clothing or other materials shall be aired or dried within the boundaries of the Property except in an enclosed structure not visible from any public or private street oralley.
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(e) Clothes Lines. No clothing or other materials shall be aired or dried within the boundaries of the Property except in an enclosed structure not visible from any public or private street oralley.
(f) Burglar Bars. No burglar bars shall be permitted on doors or windows unless approved by the Committee.
(9) Septic Tanks. No privy, cesspool or septic tank shall be placed or maintained on the Property.
(h) Outdoor Light. Each Owner must provide outdoor lights on the rear of the structure, which arelight sensitive.
(i) Sprinkler System, Each Owner must provide an automatic outdoor water sprinkler system for the Lot and a separate water meter for such sprinkler system.
Gj) Security System, Fach Owner must provide an indoor security system for each of the four individual rental units.
{k) Additional Specifications, Additional specifications may be adopted by the Committee at any time. The Committee has or will adopt architectural guidelines as per Article Vili, Section 3 of this Declaration to assist the Owners in designing and constructing their residence. The list above is not intended to be exhaustive or definitive.
(l) Construction Time. Construction time for any improvement upon a Lot, from beginning of construction activities to final completion, shall not exceed twelve (12) months. Reconstruction shall be undertaken within three (3) months after the damage occurs. and shall be completed within fourteen (14) months after the damage occurs, unless prevented by causes beyond the control of the Owner.
Section 3."Setbacks” All buildings and structures must be constructed, placed and maintained in conformity with the setback lines described in the Subdivision map. All residences constructed in the Subdivision shall face in the same direction as the rest of
constructed, placed and maintained in conformity with the setback lines described in the Subdivision map. All residences constructed in the Subdivision shall face in the same direction as the rest of the residences on the same side of the street. Residences on corner Lots shall face the street which fronts the narrower side of the Lot.
Section 4,."Consolidation and Partial Lots" None of said Lots shall be resubdivided in any fashion, and no person owning two (2) or more adjoining Lots may consolidate such Lots into a single building site.
10 Doc-3085945 Section 5."Easements" Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded Subdivision Plat. No utility company, water district, political subdivision, or other authorized entity using the easement herein referred to shall be liable for any damage done by them or their assigns, agents, employees or servants to shrubbery, trees or flowers, or to other property of the Owners situated within any such easements.
Section 6."Noxious or Offensive Activities Prohibited” No noxious or offensive activity shall be carried on upon any Lot. nor shail anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, save and except Section 23 below.
Section 7."Occupancy"™ No multi-family structure erected upon any Lot shall be occupied in any manner while in the course of construction, nor at any time prior to its being fully completed. except as herein required. Nor shall any multi-family structure, when completed, be in any manner occupied until made to comply with the approved plans, the requirements herein and all other covenants, conditions, reservations and
shall any multi-family structure, when completed, be in any manner occupied until made to comply with the approved plans, the requirements herein and all other covenants, conditions, reservations and restrictions herein set forth. No temporary house, temporary dwelling, temporary garage, temporary outbuilding, trailer home or other temporary structure shall be placed or erected upon any Lot either permanently or temporarily.
Section 8,"Parking" In addition to the City of McAllen parking code restrictions, the lot owners are required to make available and designate numbered parking spaces per each unit. This restriction will be managed and enforced by the Association.
Section 9."Signs" No signs of any character shall be allowed on any Lot except one sign of not more than six (6) square feet, advertising the property for sale or rent: provided, however. that Declarant shall have the right, during the construction and sale period, to construct and maintain such facilities as may be reasonably necessary for such construction and sale, including signs and storage areas, but not including a temporary residence or office, save and except Section 23 below. Additionally, builders may display banners, streamers. signs and flags for marketing purposes on "model homes” for 60 days after such “model home" is complete. See Section 24below.
Section 10."Garbage Tanks. Equipment, etc,” No Lot shall be used or maintained as a dumping ground for rubbish or trash and no garbage or other waste shall be kept except in sanitary containers. Allequipment for the storage and disposal of such materials shall be keptin a clean sanitary condition. No elevated tanks of any kind shall be erected, placed or permitted on any part of such premises. All garbage cans,
e storage and disposal of such materials shall be keptin a clean sanitary condition. No elevated tanks of any kind shall be erected, placed or permitted on any part of such premises. All garbage cans, equipment, coolers, wood piles or storage piles shall be walled or fenced in to conceal them from the view of the neighboring Lots’ roads or streets. Plans for all enclosures of this nature must be approved by the Committee prior to construction, save and except Section 23 below. Additionally, garbage dumpsters must be maintained at construction sites in locations approved by the Committee.
Section 11."Animals" No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lots, except that no more than two (2) dogs and two (2) cats or other household pets may be kept in each individual rental! unit, provided that they 11 Doc-3085945 are not kept, bred or maintained for any commercial purposes. All animals outside the fenced area of the home shail be leashed atalltimes.
Section 12."Fences, Walls, Hedges and Utility Meters” All Lots must have a fenced in backyard. No fence, wail, hedge or electricity utility meter shall be placed or permitted to remain on any Lot nearer to the streets adjoining such Lot that is permitted for the main residence on such Lots or the actual front wall line, whichever is further from the Street. Ail fences shall be constructed of cedar. There shall be no chain-link, wrought iron or inferior constructed fences whatsoever, unless completely concealed within a fence constructed in accordance this subparagraph. All cedar fencing shall be six inch (6") or eight inch (8") boards with a minimum height of six feet (6') with tops clipped two inches
ealed within a fence constructed in accordance this subparagraph. All cedar fencing shall be six inch (6") or eight inch (8") boards with a minimum height of six feet (6') with tops clipped two inches (2’) inches on the top corners. There will be a maximum height of any fence of eight feet (8'). All fences on the front of a Lot shall be out of cedar. All fences and walls must be approved in advance by the Committee. Each Owner shall be responsible for repairing any damage to any perimeter fence caused by such Owner or Owner's agents or occupants.
Section 13.“Trucks, Buses and Trailers” No trucks larger than three-quarters of a ton, motor vehicles not currently licensed, boats, trailers, campers, construction trucks, motor or mobile homes or other vehicles shall be permitted to be parked on any Lot, except in a closed garage, or on any street for a period not to exceed twelve (12) hours in any twenty-four (24) hour period. This restriction shall not apply to automobiles or smail non-commercial passenger trucks in operable condition and regular usage, provided that any such vehicles are parked on an improved driveway and not on the street in front of a Lot for a period not to exceed twelve (12) hours in any twenty-four (24) hour period. No vehicle shall ever be permitted to be parked on the front or side lawn within view of the public. No vehicles shall ever be permitted to park ona driveway at a point where the vehicle obstructs pedestrians from use of asidewalk.
Section 14."Sidewaiks” Builders of any homes in this Subdivision will be required to construct a sidewalk in compliance with the City of McAllen specifications at the front of each Lot the entire width of the Lot.
Section 15."Prohibited Activities" No professional, business or commercial
struct a sidewalk in compliance with the City of McAllen specifications at the front of each Lot the entire width of the Lot.
Section 15."Prohibited Activities" No professional, business or commercial activity to which the general public is invited shall be conducted on any Lot.
Section 16,"Utility Lines and Antennas” Ail electrical service and telephone lines shall be placed underground. No exterior antennas, aerials, satellite dishes, or other apparatus for the reception of television, radio, satellite, or other signals of any kind shall be placed, allowed, or maintained upon any portion of the Property, including any homesite, which is visible from any street, or other Lot unless it is impossible to receive signals from said location; in that event, the receiving device may be placed in a visible location as approved by the Committee. This restriction may be waived by the Committee. Any waiver of these restrictions shall not constitute a waiver as to other Lots, lines or antennas. The Declarant by promulgating this section is not attempting to violate the Telecommunication act of 1996 (the “Act"), as same may be amended from time to time. This section shall be interpreted to be as restrictive as possible while not violating the Act.
Section 17."Garport” All multi-family structures erected on the Subdivision must 12 Doc-3085945 have a minimum of an eight-car carport. All carports must be approved in advance by the Committee.
Section 18."Residential Landscaping” Front yards of all dwellings which are not composed of sidewalks, driveways or areas consisting of shrubs, hedges, ground covers and trees shall be covered by a grass such as coastal Bermuda or Saint Augustine or other commercially approved lawn grass. A sprinkler and/or irrigation
as consisting of shrubs, hedges, ground covers and trees shall be covered by a grass such as coastal Bermuda or Saint Augustine or other commercially approved lawn grass. A sprinkler and/or irrigation system must be installed in the front yard of each Lot, including any flower beds. Front yards shall be landscaped in a professional manner, with shrubs, hedges and or ground covers and trees including but not limited to one (1) live oak tree of a minimum of two (2) inch diameter and a minimum of seven foot (7') height. Each Owner shall maintain grass, trees and shrubbery and keep them disease free and healthy, and if any such trees either die or become diseased or of unhealthy appearance they shall be removed and new trees shall be planted in their place. The cost of al! grass. trees and shrubbery shail be paid for by the respective Owner.
No owner shail allow his Lot or Lots. whether vacant or not, to remain overgrown with grass or weedy vegetation or natural wild vegetation, and each Owner shall be responsible for the timely maintenance, care and removal of grass, weedy or natural vegetation, by mowing, shredding, cutting and removing the same. Additionally, the Association, Deciarant or Committee, or their agent(s), shall have the right at their option, to mow, shred or cut said vegetation, and to charge the Owners a reasonable fee. in the event that said fee remains unpaid for a period of thirty (30) days, the Association, Declarant or Committee, or their agents shall have a valid and subsisting lien for said payment and said lien may be perfected by filing an affidavit establishing said lien in the real estate records of Hidalgo County, Texas, and may bring suit to enforce the payment of
ing lien for said payment and said lien may be perfected by filing an affidavit establishing said lien in the real estate records of Hidalgo County, Texas, and may bring suit to enforce the payment of said fees or for foreclosure of its lien, or both, and shall be entitled to reasonable attorney's fees and costs of suit for prevailing in such an action.
Section 19."Vehicie Maintenance" No maintenance shall be allowed on any type of motorized vehicle on the street.
Section 20."Driveways” Driveways must be approved in advance by the Committee and shall be constructed of stamped and stained concrete, or other material receiving the approval of the Committee. No asphalt driveways are allowed.
Section 21."Mailboxes" All mailboxes shall be of the same design and material as the structure and placed in uniform form. Mailbox locations shall be approved in advance by the Committee. Mailboxes shall be located on the side property lines in order to create double stacking of the mailboxes with the adjacent property, as requested by the United States Postal Service.
Section 22."Insurance” Nothing shall be done or kept on a Lot or on the Common Areas which would increase the rate of insurance relating thereto without the prior written consent of the Association, and no Owner shall permit anything to be done or kept on his Lot or the Common Areas which would result in the cancellation of insurance of any residence or on any part of the Common Areas, or which would be in violation of any law.
Section23."Declarant’s Special Rights" Declarant or the transferees of Declarant shall undertake the work of developing all Lots in the Subdivision. The 13 Doc-3085945 completion of that work and the sale, rental, or other disposition of Lots is essential to
ansferees of Declarant shall undertake the work of developing all Lots in the Subdivision. The 13 Doc-3085945 completion of that work and the sale, rental, or other disposition of Lots is essential to the establishment and welfare of the Subdivision as an ongoing residential community.
In order that such work may be completed and the Subdivision be established as a fully occupied residential community as soon as possible, nothing in this declaration shall be understood or construed to: (a) Prevent Declarant, Declarant’s transferees. or the employees.
contractors, or subcontractors of Declarant or Declarant's transferees from doing on any part or parts of the Subdivision owned or controlled by Declarant or Declarant's transferees or their representatives, whatever they determine may be reasonably necessary or advisable in connection with the completion of such work.
(b) Prevent Declarant, Declarant's transferees, or the employees, contractors, or sub-contractors of Declarant or Declarant's transferees from constructing and maintaining on any part or part of the Subdivision property owned or controlled by Declarant, Declarant's transferees, or their representatives, such structures as may be reasonably necessary for the completion of such work, the establishment of the Subdivision as a residential community. and the disposition of Lots by sale, lease or otherwise; (c) Prevent Declarant, Deciarant's transferees, or the employee, contractors, or subcontractors of Declarant or Declarant's transferees from conducting on any part or parts of the Subdivision property owned or controlled by Deciarant or Declarant's transferee or their representative, the business of completing such work, of establishing the Subdivision as a residential community, and of disposing of Lots by
controlled by Deciarant or Declarant's transferee or their representative, the business of completing such work, of establishing the Subdivision as a residential community, and of disposing of Lots by sale, lease or otherwise; or (d) Prevent Declarant, Declarant's transferees, or the employees, contractors, or sub-contractors of Declarant or Declarant's transferees from maintaining such sign or signs on any of the Lots owned or controlled by any of them as may be necessary in connection with the sale, lease or other disposition of Subdivision Lots.
As used in this section, the words "its transferees” specifically exclude purchasers of Lots.
Section 24, “Model Homes" Builders of multi-family residences in the Subdivision may maintain “model homes" for marketing and showing their product.
However, a residence may only be utilized as a “model home" for 36 months after completion. All model homes must be constructed in accordance with the construction standards contained herein and with the prior approval of the Committee.
ARTICLE VI OWNER’S OBLIGATION TO.
REPAIR Each Owner shall, at its sole cost and expense, repair its residence, keeping the same in a condition comparable to the condition of such residence at the time of its initial construction excepting only normal wear and tear.
ARTICLE Vil 14 Doc-3085945 OWNER'S OBLIGATION TO REBUILD If all or any portion or a residence is damaged or destroyed by fire or other casualty. it shall be the duty of the Owner thereof, with all due diligence, to rebuild, repair, or reconstruct such residence in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within two (2) months after the damage occurs, and shall be completed within
stantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within two (2) months after the damage occurs, and shall be completed within fourteen (14) months after the damage occurs, unless prevented by cause beyond the control of the Owner. All plans for rebuilding must be approved by the Committee.
ARTICLE Vili ARCHITECTURAL CONTROL Section 1."Architectural Controt Committee” Declarant shail designate and appoint the initial Committee ("Committee") consisting of three (3) adult persons (at the sole discretion of Declarant), which Committee shall serve until construction of a residence has been completed on every Lot in the Subdivision. If any member of the Committee becomes unable or unwilling to continue to serve during such term, Declarant, its successor or assigns, shall appoint a successor to finish the respective term. A majority of the Committee may designate a representative to act for it. Neither the members of the Committee, nor its designated representative shall be entitled to any compensation for service performed pursuant to this covenant. After construction has commenced or been completed on every Lot in the Subdivision, the duties, rights, powers and authority of the Committee shall automatically transfer, without any further formality, to the Association. Further, any or all of the duties, rights, powers and authority of the Committee may be assigned at any time, upon the unanimous decision of the Committee, to the Association. From and after the date of such assignment, the Association shail have full right, authority and power, and shall be obligated to perform the functions of the Committee as provided herein.
Section 2."Goal of Committee" The goal of the Committee is to encourage the
l have full right, authority and power, and shall be obligated to perform the functions of the Committee as provided herein.
Section 2."Goal of Committee" The goal of the Committee is to encourage the construction of multi-family structures of good architectural design, quality and property size compatible with Declarant's conceptual plan for the Subdivision. Multifamily structures should be planned and designed with particular attention to the design and aesthetic appearance of the exterior and the use of such material, which, in the sole judgment of the Committee, will all create an attractive and harmonious blend with existing and proposed multi-family structures in the intermediate area and the natural surroundings. The Committee may disapprove the construction or design of a multifamily structure on purely aesthetic grounds where, in its sole judgment, such disapproval is required to protect the continuity of design or values of the neighborhood and of other homeowners or to preserve the serenity and natural beauty of any surroundings. Prior judgment regarding matters of design or aesthetics shall not be deemed binding upon the Committee if the Committee feels that the repetition of such matters will have an adverse effect on the Subdivision.
Section 3."EFunction of the Committee" The Committee shall function as the representative of the Owners for the purposes herein set forth. No building, roof, fence, 15 Doc-3085945 wall or other structure of any nature whatsoever and no landscaping of any nature whatsoever that is readily visible from the street shall be erected, placed or altered on any Lot (nor may any such item be subsequently replaced, treated or repainted in a manner which materially alters the exterior appearance of the item) until plans and
be erected, placed or altered on any Lot (nor may any such item be subsequently replaced, treated or repainted in a manner which materially alters the exterior appearance of the item) until plans and specifications and a plat showing the exact location of the structure on the Lots in such form and detail asthe Committee may deem necessary, shall have been submitted to and approved in writing by the Committee.
The Committee or its representatives shall have the power to employ professional consultants to assist it in discharging duties. The decision of the Committee shall be final, conciusive and binding upon the applicant. All submissions to the Committee Shall be at the address specified herein. Colors and types of stucco, roof, trim, roofing materials, front doors, fences, etc. will be reviewed by and must be approved by the Committee. The Committee must also approve all landscaping plans. The Committee has developed a set of architectural guidelines to assist the Owners in designing and constructing their multi-family residence. The Committee may modify the architectural guidelines at any time. An electronic copy of the architectural guidelines will be provided to Lot owners upon request.
Section 4. "Procedures of Committee" The Committee may establish and publish from time to time reasonable administrative procedures and separate building guidelines to supplement the restrictions. The address of the Committee as of the date hereof shall be as follows: Las Villitas at the Groves on Shary Subdivision, Attn: Architectural Control Committee, 1308 E. Jasmine Avenue, McAllen, Texas 78501: and this address may be changed from time to time by the Committee by its filing of an Address Change Certificate in the Real Property Records of Hidalgo County, Texas.
e Avenue, McAllen, Texas 78501: and this address may be changed from time to time by the Committee by its filing of an Address Change Certificate in the Real Property Records of Hidalgo County, Texas.
Section 5."Powers" The Committee shall have and exercise such powers and rights provided for in and consistent with the provisions of this Declaration. Each Committee member shall have one (1) vote. Except in those instances in this Declaration where the unanimous action shail be taken or any decisions made by the Committee except with the concurrence of not less than two (2) Committee members, however, a designated representative approved unanimously by all three (3) Committee members shail have the sole power to act on behalf of the Committee. The designated representative's power may be revoked by a written communication to all Owners. Each Committee member shall be entitled to receive (but may waive) not less than five (5) days written notice of each meeting of the Committee and of each action proposed to be taken and decision proposed to be made by the Committee (whether or not at a meeting).
Section 6."Approval of Plans and Specification” No building, landscaping.
fence, wall, road, driveway or other structure shall be commenced, erected, altered or maintained upon any Lot, nor shail any exterior addition to, or change or alteration therein, be made, except as set forth below, until samples of the stucco, exterior paint and roofing materials, and the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shail have been submitted to, and approved in writing by, the Committee as to quality of workmanship and material, the harmony of external design with existing structures and location of such improvements in relation the
itted to, and approved in writing by, the Committee as to quality of workmanship and material, the harmony of external design with existing structures and location of such improvements in relation the surrounding structures and topography. The Committee must be provided with a full-size set of plans and specifications along with an 8 1/2 X 11 set. The full-size set of plans will be returned to Owner upon approval of the Committee and stamped as such so that 16 Doc-3085945 Owner may obtain a building permit from the City of McAllen.
Section 7."Basis of Approval" Approval of plans and specifications shali be based upon any one or more of the following: (a) The architectural and structural integrity of design.
{b) Harmony and conformity of the design with the surroundings both natural and built.
(c) Adequacy of the design to the conditions of the site.
({d) Relation of finished grades and elevations to the neighboring sites.
(e) Conformity to specific and general intent of these restrictions covering the particular platted unit of which the fot in question forms a part.
(f) Aesthetic considerations determined in the Committee's sole discretion.
Section 8."Failure of Committee to Act” If the Committee fails to approve or disapprove the plans and specifications or to reject them as being inadequate within thirty (30) days after submittal thereof, it shall be conclusively presumed that such Committee has approved such plans and specifications. If plans and specifications are not sufficiently complete or otherwise inadequate, the Committee may reject them as being inadequate or may approve or disapprove them in part, conditionally or unconditionally, and reject the balance. The approval of the Committee to any
inadequate, the Committee may reject them as being inadequate or may approve or disapprove them in part, conditionally or unconditionally, and reject the balance. The approval of the Committee to any submitted plans and specifications shall not be deemed as the approval of the Committee to any other items not expressly and specifically covered by such submitted plansand specifications.
Section 9."Failure to Comply” Failure to comply with Article VIII herein shall submit the respective Owner to injunctive relief and/or damages. The defendant Lot Owner shall pay all costs of court and attorney's fees borne by the Association or other entity bringing such action should the Association or other entity, as the case may be, prevail.
ARTICLE IX GENERAL PROVISIONS Section 1."Enforcement™ Deciarant, the Association, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions.
covenants, easements, reservations, liens and charges now or hereafter imposed by the provisions of this declaration. Failure by Declarant, the Association, Committee or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2."Severability” invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
Section 3."“Amendments” (a) Declarant, So long as the Class B membership exists, the Declarant may unilaterally amend this Declaration for any purpose. Thereafter, the Declarant may 17 Doc-3085945 unilaterally amend this Declaration at any time and from time to time as otherwise
, the Declarant may unilaterally amend this Declaration for any purpose. Thereafter, the Declarant may 17 Doc-3085945 unilaterally amend this Declaration at any time and from time to time as otherwise Specifically authorized by this Declaration, or if such amendment is (i) necessary to bring any provision hereof into compliance with any applicable governmental statue, rule or reguiation or judicial determination which is in conflict therewith, (ii) necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any portion of the Property, or (ii) required by an institutional or governmental lender. purchaser, insurer or guarantor of mortgage loans to enable it to make, purchase, insure or guarantee mortgage loans on any portion of the Property.
Further, so long as it still owns any portion of the Property for development. the Declarant may unilaterally amend this Declaration for other purposes, provided the amendment has no material adverse effect upon any right of any Owner.
(b) Owners, Except as otherwise specifically provided above, or elsewhere in this Declaration, this Declaration may be amended only by a majority vote of Class A Members, together with the Class B Member's vote, for so long as the Class B Membership shall exist. However, the percentage of votes necessary to amend a specific clause shail not be less than the prescribed number of affirmative votes required for action to be taken under the clause. No amendment may remove, revoke, or modify any right or privilege of Declarant without the consent of Declarant (or its assignee of such right or privilege).
(c) Validity and Effective Date of Amendments. Amendments to this Declaration shall become effective upon recordation in the real property records of Hidaigo
its assignee of such right or privilege).
(c) Validity and Effective Date of Amendments. Amendments to this Declaration shall become effective upon recordation in the real property records of Hidaigo County, Texas, unless a later effective date is specified therein. Any procedural challenge to an amendment must be made within six (6) months of its recordation or such amendment shall be presumed to have been validly adopted. in no event shall a change of conditions or circumstances operate as a waiver or amendment of any provision of this Declaration.
Section 4.“Subordination" No breach of any of the conditions herein contained or re-entry by reason of such breach shail defeat or render invalid the lien of any mortgage made in good faith and for value as to the Subdivision or any Lot therein; provided, however, that such conditions shall be binding on any Owner whose title is acquired by foreclosure, trustee's sale or otherwise.
Section 5.“Duration” The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Declarant, Association, or any member thereof for a period of thirty (30) years from the date hereof, and thereafter shall continue automatically in effect for additional periods of ten (10) years, unless otherwise agreed in writing by the then Owner of at least seventy five percent (75%) of the Lots.
Section &."Compliance with Laws" At all times, each Owner shall comply with applicable, federal, state, county, and municipal laws, ordinances, rules and regulations with respect to the use, occupancy, and condition of their Lot and any improvements thereon. If any provision contained in this Declaration or amendment is
ipal laws, ordinances, rules and regulations with respect to the use, occupancy, and condition of their Lot and any improvements thereon. If any provision contained in this Declaration or amendment is found to violate any law, then the provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law.
Section 7."Leases" Any and all lease agreements, whether written or otherwise, relating to any Lot in the Subdivision shali be subject to the terms of this Deciaration.
18 Doc-3085945 All Owners are responsible for ensuring that any and ail of their tenants are complying with the terms of this Declaration.
Section 8.“Annexation of Additional Property’ At any time following the recordation of this Declaration, Declarant, its successors or assigns, in its sole discretion, may annex additional property into the Subdivision and/or into and under the scope of this Declaration and subject to the terms and provisions of this Declaration (as an additional or new lot, phase, section or otherwise), without notice to or the consent or joinder of any other Owner (except the owner(s) of any such annexed property at the time of the annexation). To annex additional property, Declarant shall prepare, execute and record in the Real Property Records of Hidalgo County. Texas. an amendment to this Declaration describing the property to be annexed and declaring same to be part of the Subdivision and subject to the terms and provisions of this Declaration.
Section 9. “Association’s Maintenance Obligations” The Association acknowledges and agrees to comply with all McAllen Code of Ordinances, as now or hereafter amended, including but not limited to Section 134-168, Maintenance obligations and homeowner's association.
n acknowledges and agrees to comply with all McAllen Code of Ordinances, as now or hereafter amended, including but not limited to Section 134-168, Maintenance obligations and homeowner's association.
Section 10. ‘No Short-Term Leases are Allowed” Ali leases for dwellings on the Property must be for a period longer than 30 days. No dwelling or portion thereof may be used or leased for short term rentals, vacation rentals, hotel type purposes, non-residential purposes or transient type housing.
[Signature Page Follow] 19 EXECUTED by the Declarant, this us day of January, 2020.
DECLARANT: Name: Joseph Title: Manager STATE OF TEXAS COUNTY OF HIDALGO Before me, Trolda. ( OY V x 05 , a notary public in and for the State of Texas, on this day personally appeared Joseph Willia Holand, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act of Kerria Square Development, LLC, a Texas limited liability company, as its Manager, for the purposes and consideration therein expressed.
AZo da Given under my hand and seal of office this IMELDA CAMPOS Notary ID #126178802 My Commission Expires July 13, 2023 f January, 2020.
20 | Doc-3085945 Assam etae oan .
nk eee oP ale LIENHOLDER’S CONSENT Consent by Texas Regional Bank Texas Regional Bank, a Texas state banking corporation, the owner and holder of existing liens against the property covered by this Declaration of Covenants, Conditions and Restrictions, consents to and agrees to be bound by the terms of this Deciaration of Covenants, Conditions and Restrictions.
THE STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me _ on January 30" 2020, by ay ' of Texas
ound by the terms of this Deciaration of Covenants, Conditions and Restrictions.
THE STATE OF TEXAS COUNTY OF HIDALGO This instrument was acknowledged before me _ on January 30" 2020, by ay ' of Texas Regional Bank, a Texas state banking corporation, on behalf of said banking corporation.
Notary Ahi. State of Texas RTT ne Pe, TAYDE E, MILLER Se: Notary Public, State of Texas "4, ‘f, “, oO aay = a Sa oes Comm. Expir -31DAS Pires 03-31-2024 HW Notary {D 8538353 21